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Minutes 01-13-76MINUTES OF TM REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY P~LL, BOYNTON BEACH, FLORIDA, TUESDAY, JANU.~RY ~3, 1976 PRESENT Joseph T. Kelly, Chairman Fred Kostner Richard Lambert Simon Ryder Oris Walker Garry Winter ABSENT Enrico Rossi (Excused) Edgar E. Howell, Bldg. Official Chairman Kelly called the first meeting of the 1976 Planning & Zoning Board to order at 7:30 P. M. and welcomed the gentlemen present in the audience. He then introduced the members of the Board and M~. Howell and added that Mr. Rossi was excused because of an important business matter. Election of Officers Chairman Kelly declared the nominations open for Chairman of the Board and added that he appreciated serving as Chairman last year and if the-~members wish him to continue, he will be happy to carry on. Mr. Ryder nominated Mr. Joseph Kelly for Chairman of this Board to continue as he has in the past. .Mr. Kostner seconded the motion. Under discussion, Mr. Kostner stated that he had the pleasure of having Mr. Kelly serving with him on the' Board in 1973 and 1974. He knows~that Mr. Kelly is a most diligent, kmowledgable mud hard working man on the Board. He then asked the Board tow a ire further no~na- tions and elect Mr. Kelly as Chairman without acclamation, thus moving to close nominations. ~, Lambert seconded this motion. Motions carried unanimously. Chairman Kelly declared the nominations open for Vice Chair- man of the Board. Mr. Lambert nominated M~. Fred Kostner for Vice Chairman, seconded by Mr. Walker. Mr. Ryder nominated Mr. Rick Rossi for Vice Chairman, but did not receive a second. ~. Winter moved that the nominations be closed, seconded by M~. Lambert. The motion was carried unanimously to elect Mr. Fred Kostner as Vice Chairman. Acknowledgement of Members and Visitors Having introduced the members of the Board at the beginning, Chairman Kelly proceeded with acknowledging the presence of Vice Mayor Joseph Zack in the audience and requested that he take a bow. He also acknowledged the presence of Mr. Foy Ward, a member of the Board of Adjustment, in the audience. MINUTES PLANNING & ZONI~G ~BOARD PAGE TWO JANUARY 13, 1976 Minutes Chairman Kelly referred to having or~y the Minutes of Decem- ber 23 to discuss and approve and added that he believes they just about set a record with these having 25 pages. He hopes their meetings during 1976 can be confined to less loquacity and at the end of the year, they can feel they have been mem- bers of the best Planning & Zoning Board in the City in recent years. Mr. Walker brought to Mr. Kelly's attention that they did no~ have a quorum present from last year's Board to approve these minutes~and Chairman Kelly agreed. Mrl Walker moved to table these minutes until Mro Rossi was present, seconded by Mr. Kostner. Motion carried 6-0. Communications Chairman Kelly referred to a letter dated January 9 from Mayor Joe DeLong regarding the Planning & Zoning Board and new appointees~ He remarked that he appreciates the ~yor's letter, which shows he is on the ball. Attached to the letter are Pages t08.6, 108.7 and 108.8 from the City Code covering the municipal ?lanning & Zoning Board. He ascer- tained that everyone had received a copy of these statutes. He recommends that either at the next meeting or at a short workshop meeting that they go into this material which the Mayor has furnished° The members agreed. Mr. Walker made a motion to table this communication and material attached, seconded by ~. Kostner. Motion carried 6-0. Chairman Kelly then referred to a letter dated December 30 from Mr. Howell. Subsequently, he made arrangements to meet M~. Howell at his office with the new members. At this meet- ing, Mr. Howell gave them copies of a letter he sent to the City Man~ger. He believes they should also consider this in a workshop session like the other communication. He added that he feels the hours of their meetings should be very much shortened by this. Also, in a telephone conversation with Mr. Howell this morning, he advised that he did receive ap- proval from the City Manager, but he has not had the time to~ get copies of this communication for the members° Mr. Kostner moved to table the letter from ~. Howell dated December 30 for a workshop meeting, seconded by Mr. Lambert° Motion car- ried 6-0. Mr. Kostner referred to having received the agenda for tonight's meeti~ at 4:00 P. M. today. He pointed out that this did not give the members of the Board an opportunity to study these items or view the areas if they desire. He thi~s it would MINUTES PLANNING & ZONING BOARD PAGE ThlREE JANUARY 13 ~ 1976 help the Board tremendously if these agendas could be given to the me~bers prior to the meeting. F~. Walker explained that he talked to Mrs. Padgett and evidently, the agendas were sent to the me~bers whose terms had expired and only the new members received their agendas later. Chairman Kelly assured them that they would be getting their agendas well in advance. He added that with his contacts with Mr. Howell, he knows this is true and he feels Mr. Howell is a fresh breath in the City. He requested that the new me~bers bear with them and let them proceed and they will try to guide them and give them their benefit of experience. Mr. Winter referred to N. D. Athans on the Agenda and pointed out that it did not state what the request was. M~. Howell apologized and added that this was his first meeting and in- formed him that this was a shopping center. ~. Winters asked if this property had been annexed into the City and Chairman Kelly replied that it was some time ago and referred to the public hearings on the zoning and all the protests re- ceived from Leisureville regarding this zoning. ~. Ryder took this opportunity to explain how the Board has had problems getting information and input and how Old Busi- ness becomes pending. He explained that they had many things to discuss. He referred to having obtained a consultant on a part time basis and knows M~. Howell won't have the time to do it, but this must be discussed further. Chairman Kelly referred to Mr. Howell's memo to Mr. Kohl, which Mr. Ryder had not received a copy of yet, which was tabled. He added that he thinks M~. Ryder will have a lot of faith in the future after reading this. There will be no reason for this Board to go to the table and count parking spaces, setbacks, etc. on the plans. This will be taken care of by the new Board of Appeals. ~. Howell explained that the Board of Appeals is in the code book, which is a State lawo They have to have it to protect a builder. If a builder contests a decision made by the Building Department, he has nowhere to go now. However, Chairman Kelly is talking about his feel- ings regarding this Board° This Board makes the zoning laws giving the City setbacks, guides, etc. and the Building De- partment's job is to enforce these laws. He does not know why the builder has to wait for it to go through the Zoning Board unless it is a variance or such. The City is paying the Building Department and they are qualified to check that it meets the code. When a builder applies for a permit now, he has a wait of two to four weeks. He is trying to expedite the system in the Building Department to have the builder com~e in and have his plans checked and approved and go on his way. Mr. Walker asked if this applied to any type of building ~ud Mr. Howell replied: yes, but there are certain things required to go through this Board and the City Council. He is talking about the run of the mill building permits. He is concerned MINUTES PLANNLNG & ZONING BOARD PAGE FOUR JANUARY 13, 1 976 with the zoning regulations, whether it meets the code, must have CAB approval, etc. He does not know why they have to go through this Board, unless they want it. Mr. Walker agreed that if it is properly checked, they should not have to bother with it. M~. Lambert referred to their meeting and talking about things not specifically mentioned in the code, which would have to come before this Board. Mr. Howell agreed that if there was any doubt, it should come before this Board. Chairman Kelly referred to Mayor DeLong's letter requesting distinct parts of the minutes to be put in the form of memos for action. He added that he has followed this procedure in the past with requesting the Recording Secretary to do this and is glad the Mayor has made a formal recommendation now. Chairman Kelly proceeded with reading the first paragraph in Section 108.7. He pointed out that things should be referred to this Board, so the City Council won't have to spend time on it and go through every detail. ~. Howell added that the City Council has marked in the book the things they want to look at and the things this Board should look at. Other than that, he thinks this Board is wasting a lot of time and cost- ing the builder a lot of money, as time is money. Mr. Lambert referred to their discussion the other day per- taining to items with asterisks and he asked if this was done by the Planning & Zoning Board or City Council. Mr. Ryder informed him that from time to time, this Board took action and made changes. ~They still have a long way to go to supple- ment these regulations. Also, they are in the middle of com- ing up with guidance for annexation. Also, they have the pro- blem of how to handle zoning applications. They have a lot to do. Chairman Kelly added that they have on the books of the City Resolution 74-L. They have been told by the former Mayor and former City Attorney that this is their Euide, but the attorney also referred them to the ~tate statutes. He is inclined to think that they have guidelines for annexation, in so far as it is concerned at this moment. It states they should make recommendations to the City Council. There was a question and they bantered back and forth whether they were supposed to~make a recommendation. He will make sure that everyone has a copy of this resolution. M~. Ryder referred to the first item on the agenda being in reference to annexation. Chairman Kelly remarked that he thought they shouId take a fresh look at this Cogen Annexa- tion Request. He referred to the minutes of the November 12 meeting and having a 3-2 vote to recommend this favorably. Then, Col. Trauger and Mr. Rossi had second thoughts and MI~ TES PLANNING & ZONING BOARD PAGE FIVE JANUARY 13, 1976 they had a workshop and special meeting on November 29 and he reluctantly joined the majority in changing this vote. They have a fresh Board now and Cogen i~ on the agenda for tonight. He suggested that they proceed with the agenda. Old Business Cogen - Annexation Request Congress Avenue and S. W. 23rd Avenue Rep.~ Joseph Cogen Chairman Kelly requested ~. Fronrath to explain Mr. Cogen's plan. ~. Fronrath appeared before the Board and informed them that he has been before this Board and the City Council several times. Mr. Cogen has a parcel of land at 23rd and Congress. it consists of t20 acres on the west side of Congress and he has approximately 60 acres on the south side of 23rd. He is asking for zoning of single family residences with plans to sell the homes in the area of $40,000 plus per home. Chair- man Kelly asked what percentage of the land would be for single family residences and Mr. Fronrath replied that it would be the greatest percentage. P~. Fronrath continued that it would be for fa~lies and not a retirement community. On the 120 acres, there will be two 25 acre lakes. It will be a water oriented community, At the present time, the County has it zoned for 3½ to 4 units per acre or on a PUD, it would be 6 units per acre. Mr. Cogen is asking for less than three per acre. Along Congress, he is asking for a buffer zone of con~ercial 325 ft. deep. On the continuation of ~5th Avenue, the City needs property for a water tower and he is willing to donate one acre of land for the water tower. A parcel 300 ft. by 300 ft. on the corner of 23rd will be kept in a holding zone, ~ue to the fact there was some objection from a group of people in this area. Chairman Kelly informed him that they have set the zone of R-1A2~ as a holding classi- fication. Mr. Fronrath informed the Board that at his appear- ance before the City Council, they recommended this area be cut out and Mr. Cogen is willing to do this. Mr. Kostner clarified that a holding area being R-IAAA does not mean it has to be R-iAAA, but he can ask for a zoning. M~. Fronrath informed him that the City Council recommended leaving it blank and Chairman Kelly agreed it may possibly be better that way to avoid confusion. ~. Fronrath continued with advising that Mr. Cogen is donating l~d for WO~lbright Road and has a considerabie loss in property due to this. He referred back to the 325 ft. commercial zone and informed the Board there would be a canal behind this to completely buffer the type of homes he plans to build. MINU~S PLANNIN..~i~ & ZONiNG BO~_RD PAGE S IX ~ 1976 JA~JARY 13, ~. Ryder questioned if these were the plans for north of 23rd and Mm. Fronrath replied: yes, but south of 23rd, he is not asking for any commercial. Mr. Ryder stated that he could not understand this, as he does not think it would be feasible to have homes along Congress. ~. Fronrath stated that Mm. Cogen is willing to put a buffer along Congress to the south. Chairman Kelly requested ~@. Fronrath to explain the location further and Mr. Fronrath did so with referring to the existing buildings in the area. Mm. Fronrath also showed the plan and explained it. The members discussed the location and also the zoning of the southeast corner of 23rd & Congress. Chairman Kelly requested ~. Howell to bring the official zoning map to every meeting and Mm. Howell replied that he would be glad to. Mr. Howell referred to the commercial strip along Congress and they discussed putting in the canal to buffer it. ~. Ryder still questioned having single family homes along the four lane highway. ~@. Howell agreed with this and pointed out that no matter what happens, Congress will probably be commercial all the way down. However, they should have some kind of buffer between residential and commercial. Chairman Kelly suggested the commercial being a C-1 zone for offices and professional use. He explained the advantages for this with this area growing. The members discussed and studied the plan further and Mm. Fronrath explained. Mr. Ryder referred to the special meeting on November 29 and read the third paragraph from these minutes. He referred to the former City Attorney being out of the picture now and stated that he didn't see where they had covered any of the aspects brought up at this meeting. Chairman Kelly stated that they do have an annexation procedure per Resolution 74-L and they should be guided by that. He referred to Mr. Smoot's advice being pro and con and having changed his opinion and added that he didn't know if he would be with the Board again. He feels they must use their judgement tonight and follow Resolution 74-L in making a recommendation. Mr. Walker ques- tioned the statement about Mm. Smoot and Chairman Kelly clarified that he had some doubts that Mm. Smoot would be with the Board again. Mr. Ryder referred to the State Statute and asked if it had been determined what the County land use presently is and what the density is? Mr. Fronrath referred to a letter from ~. Bill Collins, Director of County Planning, which states the County has it as 3½ to 4 units per acre. M=~. Ryder re- ferred to this Board not being able to increase nor decrease MINUTES PL~TING & ZONING BOARD PAGE SEVEN JANUARY 13, 1976 the County plan. Chairman Kelly agreed and referred to having discussed this previously. He added that he had given copies of this letter from the County to the members and Mr. Ryder replied that he did not receive one. M~~. Ryder asked if it was MS. Cogen's intention to proceed on this basis as far as density and 2@. Fronrath informed him that it would be less than 3. Mr. Ryder read the State Statute stating that the density could not be increased nor decreased for a period of two years unless approval is granted by the governing body of the County. Chairman Kelly suggested that Mr. Fronrath could go to the County before this is presented to the City Council or he could stick to the density of 3½. ~o Fronrath informed him that he talked to ~. Collins ~ud he stated as long as they didn't increase the density, they would have no problem. M~. Kostner remarked that he thought the County would be happy to go along with decreasing the density° Chairman Kelly suggested sticking to Resolution 74-L and if the Co~uty states 3½ to 4, he can stick to this and it would comply to the State law. M~. Lambert questioned what would happen if a recommendation is not given by this Board tonight? If they recommend pro- ceeding, are they approving this plan presented on the table? Don't other agencies in the City have to check this out? Chairm~n Kelly informed him that this was considered a pre- liminary plan and a factual plan will be presented to the Building Department and will be processed through all the Boards~ M~. Lambert referred to this plan having to be re- drawn, re-laid out, re-zoned, etc. and questioned how they could make a recommendation to annex such a plan? Chairman Kelly explained that they must consider whether single family homes with a commercial buffer zone would be the best use of the land in this area. Mro Lambert stated that he was still confused. ~. Kostner continued that at this time, the re- quest was for annexation. The request for annexation identi- fies the purpose for what it is to be used° The Board must consider whether it fits into the general City plan. if the Board feels it does fit in~ then they will, at this time, recommend to City Council the approval of this ~an. From there on, many details are worked out~ It is just a ques- tion now if this proposed parcel will fit into the City's overall plan and if it meets the requirements. All they are interested in at this time is to recommend to City Council that it be annexed subject to the proposal shown. ~m. Lambert referred to discussing density, etc. and pointed out that they should know what kind of zoning. Chairman Kelly replied that they will recomn~end that the zoning being requested be considered. M~. Lambert asked what residential zone they were requesting? He explained how they ~ust con- sider all facets of the purchasers in the community. ~. MINUTES PLANNING & ZONING BO~D PAGE EIGHT J~NU~Y 13, 1 976 Fronrath informed him that they were planning less than3 units per acre in the category of $40,O00 homes. Mm~ Lam- bert continued that he feels they are getting to a day and age when everybody seems to thin~ everything has to be $40,000, $50,000 and $60,000 homes. They have other needs in this community. There can be very attractive areas in a subdivision with a smaller home with green ~ea. At this time, Chairman Kelly read the requirements for the R-1AA zone. Mr~ Fronrath informed him that this was the category they were interested in. It is something they think will be nice for the City and families. ~. Howell asked if they had an ordinance pertaining to the procedure for annexation? ¥~ Ryder stated that they didn,t have this input and they should for this. He added that there is an application form they should have also. Chairm~n Kelly asked if a formal application had been submitted and ~. Fronrath replied that he did submit one a long time ago ~nd the City Council wonders why nothing has been done. Mr. Ryder remarked that he would like to see the application and what it includes. Mr. Howell informed him he had a folder on this, but because it was Old Business, he did not bring it. Chairman Kelly asked if he could get this folder from his office? Mr. Howell replied that he was not familiar with the filing system and would not know where to find it. The only suggestion h~ can make is if they make a recommendation to the City Council, possibly to make it annexed according to State law as to density and whatever recommendation they want to put on the south piece as far as commercial and subject to the approved plat when it goes before Council. ~hen that plat comes in, it will also go before this Board. Chairman Kelly stated he was satisfied, but ~. Ryder disagreed. Mr. Fronrath informed them that he had talked to the County offi- cials and was informed this whole law was put in because of Greenacres and going for the excessive density. Chairman Kelly referred to a previous meeting when Mr. Smoot remarked that nobody understood this. He still thinks they can do something with this tonight.Mr. Ryder agreed, but stated they must have a procedure. Mr. Walker stated that he thinks the plan is very good and he would vote for it, but he thinks they are putting the car~ in front of the horse. The application is for annexa- tion, but the applicant is not in compliance with the an- nexation procedure according to Resolution 74-L. ~. Fron- rath informed him that the application has been in for many months. The City Council has stated that everything is in order and they are wondering what has held it up. Nobody in the City seems to know what is going on. Chairman Kelly pointed out that he tried to clear this with getting the folder. MINUTES PL~h~ING & ZONING BOARD PAGE NINE JA~gARY 13 ~ 1976 ~. Walker suggested that the members be given time to get familiar with this. He feels in all fairness to the appli- cant and new members, that they should discuss this at the next workshop meeting. Chairman Kelly pointed out that the City Council meets one week from tonight and suggested hav- mng a special meeting later this week, so they ha~eeverything before them concerning this p~mticular application to famil- iarize their consideration of this. Mr. Winter stated that the plan really wasn't important as far as he was concerned. The question is whether they will annex this into the City. Mr. Fronrath informed him that he had given plans further advanced than this to the City. ~m. ~inter continued that the only important thing is annexation into the City. After annexation is approved, the next project will be submit the master plan. What they are looking at doesn't mean anything. Chairman Kelly pointed out that if they had a special meeting later in the week, these subsequent plans mentioned could be presented. M~. Winter replied that they must decide whether to recommend annexation. Mm. Fronrath informed the Board that the plans mentioned were with the City. He added that Mr. Smoot had gone over the whole thing. Chairman Kelly stated that they could kick this around mutil midnight, but would rather have a special meeting later this week. Mr. Kostner made a motion to hold a special meeting on Thurs- day night at 7:30 P. M. to cover the Cogen Annexation request and the meeting will be restricted to that. Mm. Ryder seconded the motion. Under discussion, Mr. Lambert suggested telling ~. Fronrath just what he would need to bring to this meeting. Chairman Kelly referred to Mr. Fronrath stating that every- thing was with the Building Department and this will give M~. Howell a chance to get it altogether and possibly the members can also bring him up to date. Mr. Howell pointed out that Mr. Winter was right - they must decide whether to annex this property or not. Whatever plans come in will come before this Board for approval in regards to zoning. He did scan through this file and saw several memos, but could not make heads nor tails of them. M~'. Ryder asked for some input on Resolution 74-L for Thursday. Mr. Kostner clarified that he recommended this special meeting in view of the two new members, so they could familiarize themselves with it. He has reservations to rushing this thing through. Chairman Kelly agreed. Motion carried 6-0. Mr. Lambert asked ~. Fronrath i~ he kmew exactly what they wanted on Thursday and Mm. Fronrath replied that it should be in the Building Department. Mr. Howell stated that he didn,t believe it was in the ~uilding Department. From the memos he read in the folder, ne believes the information went to the City Manager or City Council. Chairman Kelly suggested that Mr. Howell contact ~. Fronrath tomorrow ad- vising just what is missing. He also requested four copies of Resolution 74-L. Mr. Winter asked if Mr. Fronrath was requesting C-3 on the front and Mr. Fronrath replied: yes. MINUTES PLANNING & ZONING BOARD PAGE TEN JAt~r0'ARY 13, 1 976 N. D. Athans (Boynton Plaza) 111 North Congress Avenue Re__~Jan A. Wolfe M~. Howell informed the Board that this is a shopping center. He added that this is one of the items he didn't feel should be before this Board. it has been approved by the TRB, CAB, etc. The reason it is here tonight is because of the way the procedure is set up, but hopefully it will be the last time they will have to look at things like this. Mr. Lambert ques- tioned what zoning classification this came under and ~. Howell informed him it was C~3. He added that the preliminary was approved by this Board. Chairman Kelly cls~ified that this had gone through the Planning & Zoning Board recommend- ing preliminary approval to the City Council. Now, it is before the Board for final approval. Chairman Kelly referred to ME. Howetl's recommendations and the City Manager having technically approved them and asked if they could act before Council approves it. Mr. Howell informed him that Council approved it on first reading, but they must have a second reading. In the way he reads the ordinances, if this Board approves it, it does not have to go to Council. Chairman Kelly explained that they were working on a plan of procedure and pointed out that they were a recommending Board only. Mr. Howell informed him that the Council noted in the book of ordinances that they do not w~ut to see these things. Chairman Kelly suggested discussing this at the workshop meetir~. Mr. Howell pointed out with the plans being approved by the TRB, CAB, City Council and this Board, what do they need the Building Department for? Chairmmu Kelly remar~ked that he didn't know if the City Coun- cil was going to accept the City Manager's recommendation and M~. Howell informed him it was approved by Council on the first reading and becomes law when they approve their minutes. They have voted on the recommendations made in his letter. The members dlscussed this procedure further. Mr. Lambert referred to Mr. Howell's letter pertaining to other things besides the Bos~ds. He pointed out how procedures would be changed in reference to what was being brought be- fore the Planning & Zoning Board. He referred to this plan having been before this Board previously. Chairman Kelly referred to ~. Barrett requiring a preliminary approval and now the~e must be a final approval. They have a final plan because changes have been made. Mr. Lambert questioned who caught these things and Chairman Kelly informed him it would be the new Board. Mr. Howell clarified that the new Board was strictly an Appeals Board for decisions contested. It does not have anythir~ to do with approving plans. The Building Department will check the plans as they are being Mi~JTES PLANNING & ZONING BOARD PAGE ELEVEN JANUARY 13, 1 976 paid for this and have qualified men to be sure the plans meet the requirements. Mr. Kostner remarked that it would simplify matters for this Board. Mr. Howell continued that this is what the Building Department is for. He pointed out again that this plan had been approved by all the Boards. Chairman Kelly asked if any changes had been made and Mr. Howell replied that he didn't know, but he wasn't here for prelin~nary review and suggested calling on the architects present for an explanation. Mr. David Voss appeared before the Board and informed them that he was the architect for the final plan, but another firm did the preliminary drawing. He noted that one change made is on the preliminary set of plans, the owner proposed a portion of the shopping center to be two stories and on the final plan, this entire building has been deleted. It is possible in the future, the owner may request another building. However, this should be allowed as they have shown the same amount of coverage for the area~ but it would be subject to zoning codes and ordinances. They are asking for less buildings and coverage than approved on the preliminary. He also pointed out that on the preliminary plans, the water sewer utilities were shown in small detail, but on the final plans are shown in complete detail. The parking s~uace requirement is the same. Many things have been added. The final plans are detailed plans. Chairman Kelly questioned what things had been added and Mr. Voss informed him that the light locations were shown, the dumpster locations, etc. They have taken the plans pre- liminarily approved by the TRB and the other Boards and have incorporated this into the final document. They have added detail and deleted a building. Chairman Kelly asked if the Building Department had checked this plan and Mr. Howell informed him that this was done after approval by this Board. Chairman Kelly asked if there were enough parking spaces and ~. Howell replied that they will not check the plan until it goes through the three Boards. _Mr. Lambert asked what he could accomplish by looking at these plans and Mr. Howell replied: not a thing. ~. Lambert continued that if all these plans fall into the realm of zoning with parking requirements met, etc.~ what could this Board possibly recommend? He explained how the other Boards could make recommendations, but didn't see where this Board could. P~. Ryder referred to the previous review of this plan on September 23 when they discussed the parking spaces and if they were including parking spaces in the area where 804 MINUTES PLANNING & ZONING BOARD PAGE TWELVE JANUARY 13 ~ t 976 and Congress is to be widened. Mr. Voss pointed out that they have shown on the plan that parking spaces in that area are marked provisional, meaning they are extra. The owner knows when the right of way is taken, he will lose them. ~hen these plans are reviewed by the Building Department, they will see the word provisional and will not count them. M~. Kostner suggested that the procedure should be to have these plans presented to the Building Department and the Building Official can make his report and this Board could then act intelligently. Mr. Howell asked why they had to come before this Board and Mr. Kostner replied that this Board must make recommendations to the Council. M~. Howell asked why, as the Council does not want it? ~. Winter asked if they approved this tonight and if everything was not met according to the ordinances, the Building Department would not issue a perr~t? Mr. Howell agreed and referred to a plan hav- ing been passed, which they had to change. M~. Winter made a motion to recommend approval to the City Co~acil of these plans, subject to them being reviewed by the Building Department an~ meeting all requirements of the zoning and building site regulations and all the requirements of all departments. Mr. Lambert seconded the motion. Under discussion, M~. Ryder referred to approving this once and according to the minutes of September 23, the applicant pro- mised to present final plans. He suggested that it be in- cluded in the motion that they are accepting the final plans. M~o Winter agreed to the amendment. Motion carried 6-0. Mr. Howell referred to the items remaining on the agenda and pointed out that it was 9:~0~ P. M. and only two items had been discussed. He explained how the items under New Business were additions and a modification. Actually, he feels this Board should only have discussed Cogen and Eessman, as the others can be taken care of by the Building Department. Look at the time involved and the people waiting in the audience. Mr. Walker made a motion to follow the recommendation of the Building Official, seconded by Mr. Kostner. Under discussion, Mr. Lambert referred to the City of Boynton Beach Tennis Pro Shop under New Business and stated possibly the City wanted to come before this Board. He added that he agrees with the other items. Mr. Howell agreed possibly he was right on this. He is sure it would be spelled out if they do want to see it and should be an asterisk noted in the book. ~ir. Ryder re- ferred to No. 2, Julian Patrick - Modification, and questioned if there was a change in use? ~. Howell informed him that he was taking a residence in the proper zoning and making a day school and meets setbacks, etc. The members discussed further how things like these had been drawn out previously. Motion carried 6-0. MIh~J~S PL~ING & ZONING BOARD PAGE THIR~N JANUARY 13, 1 976 Kessman - Zoning Restriction Request 510 S. E. 23rd Avenue Rep. David Kessman ~. David Kessman a~peared before the Board and presented a survey to the Building Official. He informed the members that he appeared before the Board previously asking permission to have two lots which he owns on S. E. 23rd Avenue re-surveyed and platted as one piece of property to build an apartment and triplex. The Board requested that he have a survey made. At the previous meetir~, M~s. Huckle told him they would give per- mission to build a duplex, but due to the density restrictions, he could not build a triplex. He got a copy of the zoning code and can find no density restrictions in the C-3 zone. He will conform to all setbacks, front, rear and side. At the last meeting also, Mrs. Huckle made a motion to get the City Attorney's interpretation of what C-3 zoning meant and whether they referred back to R-3. Chairman Kelly asked what the density requirements were in the C-3 zone and Mr. Kessman replied: none, but in R-3, it was t0.8. He is in the C-3 zone. M~. Kessman continued that he has three little one bedroom houses there which don~t even conform to living specifications today anywhere in Boynton because none are over 700 ft. They have been there since 1948. He wants to build a triplex, three - two bedroom apartments and have six units on that piece which is zoned C-3. He cannot see any restrictions as far as density. He would like to know the City Attorney's answer. Chairman Kelly informed him that M~. Simon was no longer the City Attor~ ney. ~. ~inter questioned the location and _Mr. Eessman explained. Mr~ Winter asked if there were houses on the property and Mr. Kessman replied: yes, there are three little one bedroom houses there now. M~. Winter questioned the lot coverage and P~. Kessman informed him it would be less than 4~ of the area. M~. ~inter remarked that another house on this street did the same thing and M~. Kessman agreed, but added that he built a t~o story building in back of his house. Mr. Lambert referred to Mr. Kessman's reference to the City Attorney's reply and questioned the status of this. Chair- man Kelly replied that he didn't know if the City Attorney received a copy of the minutes~ He added that nothing was formalized because of the pending action of the City Council. He did not formalize anything because he differed with the action of the members and they actually did not direct a motion that a memo be sent by him. He explained how this had been done previously. He added that it was not done in this case, so it is hanging fire. MINUTES PLANNING & ZONING BOARD P~GE FOURTEEN J_&NUAR¥ 13, 1976 Chairman Kelly then read from Page 26, Section 6, under K, stating in the C-1 zone, uses permitted are multimf~mily residential (upon recommendation of the Planning & Zoning Board and approval of the City Council). He pointed out that there was no density mentioned here as in each of the other zones. He explained that in the absence of this, some of the members of last year felt a restriction should be put on this multi-family in the C-3 zone and it should be the same as in the R~3 zone. It is his o~inion this is not necessary. - Mr. Ryder referred to having also questioned whether they should require setbacks in accordance with the R-3 zone. Mr. Kessman informed him that he can set back 20 ft. from the back and 30 fto from the front. According to the C-3 requirements, you must 15 ft. on one side and the one building he wants to build behind is set b~k 17 ft. 8 in. He will comply to all the specifications of this code. Chairman Kelly clarified ~hat he was referring to the C-3 zone. M~. Ryder questioned if these would conform to the R-3 setbacks and Mr. Kessman replied that he did not ask for a zone change. Mr. Kessman continued ~hat he came here the first night just for permission to put both lots together to have enougk width for a triplex. The one lot will be 104 ft. wide and 178 ft. deep. He plans to cover much less than 40% on the lot and will comply with all the setbacks according to C-3. M~. Winter asked if he olanned to build behind the other unit and M~. Kessman explained the survey pointing out what existed and what was planned. ~. Lambert asked if ~. Howell had checked this and ~. Howell replied: no, he does not do this until after the Board is finished and a building permit is requested. He added that the Board does have to vote on this particular item according to the rules. Mr~ Kostner questioned if there were any provisions for plac- ing a building behind an existing building and Chairman Kelly replied that he didn't ~ow of any restrictions. Mr. Kessman informed them that there were three on that street. Chairman Kelly referred to it stating maximum lot coverage being 40% and he thinks three or four buildings could be put there as long as they don't exceed this coverage. Mr. Kostner moved to rezone these two lots into one lot, in view of the fact in so far a~ the a~ea is concerned, he does not see any reason why this should not be granted. It is near the railroad and surrounded by commercial properties. Mr. Winter seconded the motion. Under discussion, Mr. Ryder asked if this faced on a public street and Mr. Kessman re- plied: yes. Mr. Howell added as long as the face of the MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN JARrU.ARY 13, 1 976 building faces a public street, it is all right. Mm. Lambert asked when this would go before the Fire Department, etc.? Mr. Howell informed him that the next thing to do would be to submit plans. Mr. Lambert clarified that this would all be checked out and ~. Howell agreed. Motion carried 6-0. Other Discussion Mm. Lambert stated that he would like to pursue the procedure a little further with Mr. Howell. It seems to him that the procedure here seems to be a little bit lacking. Possibly because there has not been a proper form or something. He asked about the form he was shown in the Building Department the other day. Mr. Howell informed him that this was an application form to be filled out for each Board. He added that it was an old form, which will be updated. Chairman Kelly added that it would come through in the flow as neces- sary. Mr. Lambert referred to the form and when it gets to this Board, all the other Boards have reviewed it. He re- ferred to Mm. Kessman and the Board recommending approval and questioned the possibility of the Fire Inspector finding a problem and making a comment. Is this Board not supposed to look at all the aspects and make recommendations based on the comments of the various departments? Mm. Howell informed him that this Board only granted Mm. Kessman the approval to com- bine the two lots. He explained how it would go before all the Boards when he comes in with a plan to get a permit. Mr. Lambert questioned if he meant that these particular depart- ments did not make recommendations, but either accepted it or rejected it? Mr. Howell explained how a problem was encountered with the shopping center plan and the TRB made a provision that the traffic patternwas to be revised. ~. Lambert referred to Mr. Kessman's plan actually being for multi-family residential and not a replat. ~. Howell informed him that he 'had to have this replatted. When it is replatted, a plan will be submitted. ~. Lambert asked why it was brought to the Board at this point and Mr. Howell replied that he had to get the Board's approval to plat it as one lot instead of two. He could not have come in with a plan to build on a 52 ft. lot; but by combining the two, he is okay. Mr. Lambert remarked that it seemed he could have -done it all at one time. ~. Howell explained that he did not want to go to the expense of having plans drawn, etc. until this was approved by the Board. Adjournment M~. Kostner moved to adjourn, seconded by Mr. Ryder. Motion carried 6-0 and the meeting was properly adjourned at 9:55 P. M. " :A''G ~- N-D A Regular Planning and Zoning Meeting Time: Date: Place: 7:30 P.M. January 13, 1976 Council (hambers - City Hall 1. Ackn~ledgenent of members and visitors. 2. Reading and approving of minutes. 3. Announcements: Communications: 5. .01d business: 1. Cogen - Annexation Request Congress Avenue and S.W. 23rd Avenue Rep. Joseph Cogen e N-. D. Athans (Boynton Plaza) 111 North Congress Avenue Rep. Jan A. Wolfe 3. Kessman'-.Zoning Restriction Request _._ 5].Q Snn.~east 23rdAvenue Rep. David Kessman New Business: 1. Admiral Restaurant - Addition 2280 North Federal Hwy. Rep. P. A. Sama Construction Julian Patrick - Modification 201 Southwest 23rd Ave. Rep. Julian Patrick City of Boynton Beach Tennis ~ Shop - Addition 126 Southeast First Ave. Rep. Tom Clark