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Minutes 11-29-75 (2)MINUTES OF THE SPECIAL M~EETING OF THE PLANNING & ZONING BOARD HELD AT CITY HAiL, BOYNTON BEACH, FLORIDA, SATURDAY, NOVE~BER 29, 1975 PRESENT Joseph T. Kelly, Chairman Walter M. Trauger, Vice Chman. Mrs. Vicki Castello Mrs. Marilyn Huck~e Enrico Rossi ABSENT Simon Ryder Oris Walker (Excused) Chairman Kelly called ~he special meeting to order at 9'~2 A. M. ~e - Joseph Cogen AnnexaTion '~ Col. Trauger referred to the minutes of November 12, Page ?, Paragraph 2, of the Planning & Zoning Board meeting and moved to rescind this motion and vote,based upon the facts there are re- servations that the actions in this motion are legally and techni- cally correct, and there are questions regarding actual procedures of annexation, and sufficient input is needed from technical ex- perts to make a valid decision. M~. Rossi seconded the motion. Motion carried 5-0. Col. Trauger then referred to the procedure to request the City Manager to withdraw this from the agenda for the next meeting. Mrs. Huckle suggested writing a memo advising the Bo~md has taken rescinding action on the previously recommended motion. The mem- bers discussed this procedure and also suggested that Chairmsm Kelly meet with Mr. Kohl on Monday advising him of the results of this special meeting. ~s. Castello referred to the specific~aspects needed. Coi. Trauger replied that they must get an annexation procedure and a public hearing scheduled. ~. Rossi agreed that they must have an outline. Mrs. Huckle referred to Mm. Smoot advising them to do nothing based on the State law; but on November 12, they did take action. Chairman Kelly read the memo dated November 6 from ~. Kohl to Mr. Simon and then read his reply dated November 11. Co!. Trauger stated that they still did not have an annexation procedure guideline and this is what they need. Mrs. Huckle re- ferred to Mr. Simon's suggestion that the annexation application be amended to include the applicant's statement~ The members~ discussed this and agreed this was a necessity.~%~-~'~' ~~ '~c~~ Col. Trauger clarified that they need an annexation procedure outline step by step declared with the public hearing and legality of this to be adopted by this Board. Secondly, they need from Simon the outline as to the legal procedures and whether the City Comprehensive Plan is still applicable to the actions of the City. MIIfJTES - SPECIAL ~ETING PLA~ING & ZONING BO~&RD RAGE T~0 NOVEMBER 29, 1975 Thirdly, they need a review from Mr. Smoo~ of this application. Also, they need to know what the City has the right to request from the developer and how this input is gathered. With that information, they need a plan in writing with steps to be followed by the developer in development of this tract including the City's requests and time frames, so it does not stall. M~s. Castello agreed and added that they should have something similar to the suggested zoning procedure. ~s. Huck~e added that they must also consider amending the appli- cation to include the aoplicant's statement~._They must know what the present County zoning is which would co~plbto ~he Florida State Statute. Mrs. Huckle referred to the Board not receiving a copy of the application for this annexation. Col. Trauger referred to this plan not being presented properly. Mr. Rossi agreed that they have spent too much time on matters which should have been staff prepared and corrected. He then referred to getting a new Build- ing Official and explained how it was necessary for this man to also be a planner. The members discussed how the qualifications for a Building Official should be a ~enefit for the City as well as for the Planning & Zoning Board. Mrs. Huckle then referred to the necessity of having a firm proce- dure for applications. She explained how the Board must have previous information to study before discussing an application. Mrs. Castello agreed and added that the Building Official must insist that a flow chart is followed. ~. Rossi agreed and stated that they need a lot of staff input on these plans coming before this Board. They must have a man trained in this line. Mrs. Huckle stated that not only a Building Official was needed, but also a planner. M~. Rossi explained the County procedure and .the members discussed how the City should operate similarly. Chairman Eelly clarified that when an application is presented to this Board, they should have input from all the various depart- ments on every phase and all other matters such as engineering, sewers, water, etc. Mr. Rossi agreed and that it could be done by a trained man. Chairman Kelly remarked that he thought they should refrain from setting up qualifications for the Building Official. Mrs. Huck!e stated she was still confused whether they could annex without zoning. They need a copy of the application to ascertain the exact request. Mr. Rossi agreed if the applicant was asking for zoning, he must have a complete legal description. Mrs. Castetlo read the present flow system on the second page of the attachment to Resolution 74-L and questioned what the refer- ence to ~'bac~' to Planning & Zoning Board meant under #35 Mrs. MINUTES - SPECIAL MEETING PAGE THREE NO'~BER 29, 1975 Huckte referred to Mr. Simon's memo suggesting amending the ap- plication. She agreed there weren't any guidelines in the present one and it should be similar to Mr. Smoot's outline for re-zoning procedures. Mr. Rossi stated they were talking about something in the County which will affect the County roads and he thinks they should meet with the officials of the County. Chairman Kelly questioned if he meant the Board should meet with County officials? He thinks it should be obtained administratively. M~s. Huckle suggested that Mr. Smoot and Mr. Collins meet. Chairman Kelly continued that they did not have any authority to meet with County Boards. It should go through the proper channels. He suggests that pos- sibly they request the City Manager to suggest that the City Planner meet with the County Planner. M~s. Castello agreed that they should try to coordinate with the County. Mr. Rossi suggested getting the entire package together and getting authorization and forwarding it to each member of the County Planning & Zoning Board. The members agreed they needed input from the County and discussed the proper procedure to f~llow. Mrs. Huckle moved to convey to the City Council the Board's feel- ings on their request to study and recommend the possibly annexa- tion of the Cogen property to the City; therefore, this Board recommends to the City Council in view of a memo from City Attor- ney, ~. Simon, dated November 11, 1975, which directs our atten- tion to Florida State Statues 171.062 Paragraph 2: "If the area smnexed was subject to a County Land Use Plan and County zoning on subdivision regulations, said regulations shall remain in full force and effect until otherwise provided by law. However, a municipal govern- ing body shall not be authorized to increase, and is expressly prohibited from increasing, or decrease the density allowed under such County plan and regulations for a period of two years from the effective date of the annexation unless approval of subject increase is granted by the governing body of the County." that the City Planning Consultant, Mx. James Smoot, should perhaps be authorized to consult with the County Director of Planning for the purpose of reviewing the a~pzmcavmon for annexation as it re- lates to the Florida law specifying the need for the County Lan~ Use Plan to he operative in cases of municipalities annexing County lan~s. Col. Trauger seconded the motion. Motion carried 5-0. ~s. Huckle suggested that the above motion be considered by the City Council in place~of their previous motion. Therefore, it would not be necessar~ to withdraw this application from the agenda and this motion could be discussed at that time. The members agreed. M~s. Huckle added that in their report to the City Council at this time, they should advise that this whole plan was brought MINUTES SPECIAL PLANNING & ZONING BOARD PAGE FOUR NOVE~ER 29, 1 975 to this Board without any proper forums and they hope applications in the future will follow a clearly established flow. She still feels the Board should have a copy of the application. Mrs. Castello agreed and added that something of this impact should never have been added to the agenda per a verbal request. Chairman Kelly agreed and stated that all such annexation appli- cations should be processed by the same procedure. 2@. Rossi pointed, out again that they must have the proper man to sit with the Board and have all the applications in the proper form. M~s. Huckle agreed and stated it was definitely improper for M~. Bushnell to request that this be added to their agenda under Old Business on October 28. She added that the Board will be differ- ent in January and this should be straightened out. Col. Trauger made a motion for Chairman Kelly to send a memo to ?@. Kohl, City Manager, advising that the Ptannin~ & Zoning Board has discussed the Cogen annexation during the last three meetings, but the Board has never received a copy of the application for this annexation. Further, the City Attorney has advised that the appli- cation should be amended to include statements from the applicant of the existing County zoning on the property. Mrs. Huckle seconded the motion. Motion carried 5-0. Mr. Rossi referred to the moratorium on re-zoning expiring on November 13. M~s. Huckle referred to the last workshop meeting on November 8 when Mr. Smoot presented a flow sheet and stated he had gotten only so far. Has he made any progress or finished this? Chairman Kelly replied that he has called M~. Smoot sever- al times and left messages, but he has not returned his calls as requested. The members discussed the necessity of the implemen- tation of this and the procedure to be followed. Mrs. Huckle moved that the Chairman of this Board be directed to ~/~/?~ submit a memo to Mr. Smoot requesting a finalization of the sug- gested re-zoning orocedure, which he originally discussed with ~ this Board o~ November 8, 1975, so that the Board can final recommendation of this to the City Council at ~~ regular meeting on December 9. Also enclosed is a copy of the Board's memo to M~r. Simon in this regard. Col. Trauger seconded the motion. Motion carried 5-0. M~s. Huckle referred to writing a memo to t~. Simon asking by what procedure this could be added to the zoning code and the members agreed. ~s. Huckle moved that the Chairman of this Board be directed to submit a memo to M~. Simon advising that ~"~ the Planning & Zoning Board would like to make a recommenda~io_~n~~ to the City Council at the next regularly scheduled~n~-on~' ~ .... December 9 of a new re-zoning procedure outlined by Mr. Smoot on November 8, 1975, together with the subsequent material which he is now preparing which will complete this procedure, a copy of which is attached for your review and recommendations. Col. Trauger seconded the motion. Under discussion, M~s. Castello asked what they ~anted from M~. Simon and Mrs. Huckle replied that they wanted to be sure it is workable s~d legal. Motion carried 5-0. MINUTES - SPECIAL M~TING PLANNING & ZONING BO.~D PAGE FiVE NOVE~ER 29, 1975 M~. Rossi asked what should they do about the moratorium? Col. Trauger suggested extending it for a minimum of sixty days or until the suggested re-zoning procedure could be adopted. M~s. Huckle pointed out that they wouldn't be extending it, as it has expired. The members discussed whether to suggest a time period or base it on the implementation of the new re-zoning procedure. M~. Rossi made a motion to have the Chairman of this Board write a memo to the City Manager stating attached are copies of memos to Mr. Smoot, Planning Consultant; and one to ~. Simon, City Attorney, which are self-explanatory. In view of the fact, we do not have any approved re-zoning procedure at this moment, we sug- gest you call this to the attention of the City Council. The ex- tended moratorium on applications for re-zoning expired on Novem- ber 13 and we are unable to see how any applications can be pro- cessed without an approved procedure. We suggest that the mora- torium be extended until the adoption by the City Council. Mrs. Castello seconded the motion. Motion carried 5-0. Col. Trauger made a motion to adjourn, seconded by M~s. Castelto. Motion carried 5-0 and the meeting was properly adjourned at 11:40 A. M.