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Minutes 09-23-75Mi~.TES OF THE REGULAR MEETING OF THE PLA~l~G & ZONING BOARD HELD AT CiTY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTE~ER 23, 1975 AT 7:30 P. M. PRESENT Walter M. Trauger, Vice Chman. Mrs. Vicki Castello M~rs. Marilyn Huckle Enrico Rossi Oris Walker Simon Ryder Warren Bushnell, Acting Bldg. Official James Smoot, Planning Consultant ABSENT Joseph T. Kelly, Chairman (Excused) Acting as Chairman, Col. Trauger called the meeting to order at 7:35 P. M. He introduced the members of the Board, Mr. Bushnell, F~. Smoot and Mrs. Kruse. He acknowledged the people present in the audience and ascertained they desired to speak about items on the agenda. He announced that Chairman Kelly was excused as he was out of town on vacation~. MINUTES Minutes of September 9,~1975 tt was noted that a quorum of the members attending the Septem- ber 9 meeting wa~e not present and Chairman Trauger suggested tabling the reading of these minutes and the members agreed. Minutes of August 26~,_ 1975 Mrs. Huckle referred to spelling errors on. Page 4, since she is aware of them as these people are her neighbors. She re- ferred to the second paragraph_ under the request of Mr. Wurth and the spelling of one name is Mr. Sisk and not M~. Cest and the other is Mr. Stimpso~ and not Mr. Simpson. Col. Trauger referred to Page 2, fourth paragraph, and the motion request- ing Mr. Bushnell to review the plat book to determine if there were any more of these areas overlooked and he questioned if this had been done? Mrs. Huckle referred to further discus- sion of this and pointed out that this motion had been with- drawn. ~. P~der made a motion that the minutes be approved as cor- rected, seconded by Mrs. Huckle. Motion carried 4-0, with Mrs. Castello and Mr. Walker abstaining since they were not present at this meeting. Minutes of September t3, 197~ .Mr. Walker made a motion that the minutes of the special meet- ing of September 13 be accepted as read, seconded by M~s. Huckle. Motion carried 6-0. MINUTES PLANNING & ZONING BOARD PAGE TWO SEPTEMBER 23, 1975 ANNOUNCEmeNTS Col. Trauger asked if the City Council had approved to hold off on the moratorium? Mr. Ryder informed the Board that at the meeting on Tuesday, September 16, the City Council ex- tended the moratorium on considering zoning applications. He believes it was for a period of sixty days and it was adopted. Col. Trauger asked if the public hearing was still scheduled for October 6 and Mr. Ryder replied: yes, that no change had been made. Mr. Smoot requested the opportunity to make a few comments at the termination of New Business and Chairman Trauger added his request to the agenda. Mr. Bushnell also requested that the following be added to the agenda under New Business: 3. Athan's Shopping Center S. W. 804 & Congress Ave. Consideration of rear setbacks of C-3 and C-4 zones along the railroad. e Request from Nms. Walden to re-locate auto business one lot north f~om 90~ N. Federal Highway. Chairman Trauger asked why these weren't included on the ori- ginal agenda? Mr. Bushnell replied that he did not have them in time for preparation of the agenda last Wednesday. Chairman Trauger referred to discussing this previously and how the members should have notification within a proper period of time. The members discussed the preparation and distribution of the agendas and how they agreed previously that the only items they would consider in addition to the regular agenda would be in an emergency situation and they would be called and pol%d by the Chairman. Mr. Bushnell informed the members that the emergency measure did apply inMrs.. Walden's case and that she was present to give a short presentation. He did notify the a~p~ic~nt that Athan's ~hopping Center would be on the agenda, Du~ i~ will be withdrawn~ he is not satisfied with the drawings presented. He was advised that the C.A.B. denied this plan, b~t was then informed that it was approved with the requirement that working drawings be submitted. Walker suggested proceeding with the itemized agenda and if they have time, they will consider ¥~s. Walden's request and the members agreed. OLD BUS I~ESS 1. Shelton~_~o~erty - Alley Abandonment MINUTES PLAh~ING & ZONING BOARD PAGE TH~ SEPTEIvfl~ER 23, 1975 Mr. Bushnell informed the Board that the information neces- sary for the processing of the Shelton property was incom- plete with Southern Bell not having responded by letter. He has talked to them and they are locating their underground cables. Fm. Walker made a motion to table the request of ~M. Shelton and list on the agenda for the next meeting. ~s. Castello seconded the motion. Motion carried 6-0. 2. Wurth - Wind Generator Mr. Bushnell requested that this item be tabled. Ne informed the Board that it met with technical difficulties in review by the T.R.B. this morning and Mr. Wurth has been requested to obtain an engineer,s stamp for the drawings. Mr. Walker requested a discussion of this item as he still did not feel it should come before this Board. Mrs. Huckle pointed out that the height limitation was a concern of the Board. Mr. Bushnell stated that the Board did request that this be review~d~y T.R.B. and it did not meet with their ap- proval. The drawings have been returned to .Mr. Wurth, so he can obtain the necessary engineer,s seal. It will be ready for the next meeting. Mr. Walker stated if it was not ready for the next meeting, he believes Mr. Wurth should be penal- ized. Chairman Trauger disagreed stating he did not know of a set of rules for a presentation. They must just judge it according to the zoning regulations. Mrs. Huckle made a motion to table Mr. Wurth,s request until the next regular meeting of the Planning & Zoning Board. Mr. Walker seconded the motion. Motion carried 6-0. BUSINESS 1. Peter Fletcher (Bernard's Restaurant) U. S. 1 and Lake Street Mr. Bushnell showed the plans and the members reviewed them. Chairman Trauger awed if their action only applied to the small addition and not the rest of the existing building and Mr. Bushnell informed him that they were to be concerned with parking requirements, zoning, etc. Mr. Smoot explained the plans and pointed out that the lease did not cover the one parking area and should be included. Mr. Bushnell stated he was going to ask for a letter covering this parking. He added that the parking was sufficient with the complete parking area shown, but without the area not leased, it is not. Mr. Rossi clarified that if there was no lease to cover it, this plan was not valid. MINUTES PLANNING & ZONING BOARD PAGE FOUR SEPTEMBER 23, 1975 ~. Bushnell exolained the addition planned and pointed out that the current kitchen was too small. Chairman Trauger ques- tioned the zoning and the members checked the zoning and loca- tion on the map. Mr. Bushnell then explained the traffic pattern. Mr. Smoot suggested shrinking the entrance from 20 ft. to 12 ft. on Federal Highway to make sure it was used for ingress only. Mrs. Huckle referred to parking setbacks and it was checked that theme met requirements. Mr. Smoot added that the wall planned in the rear was also a permitted structure. Mrs. Huckle pointed out that they did not have an adequate plan showing the lot with the buildings and M~. Rossi agreed that a survey was necessary, Mr. Ryder made a motion that the Board indicate there is cer- tain information necessary before moving and subject informa- tion includes the following: 1. Legal description of lease-hold. 2. The matter of limiting the north roadway entering the property from Federal Highway not to exceed 12 ft. in width together with a sign within the parking area indicating this cut is not an exit. 3. Pr_eof that lessee controls employees' p~king lot. 4. Survey showing existing structure in relation to lease line. ~s. Huckle seconded the motion. Motion carried 6-0. Mrs. Huckle then made a motion to table this item at this time until the requirements enum$~a~reviously have been met and can be reconsidered. Mr. Walker ~econded the motion. Motion carried 6-0. 2. Alley Abandonment, N. E. 8th Avenue & U. S. 1 (Beh~ ~ · ~nd Tufo ~~erty) P~lic Hearing Notice as advertised: Parcel $! - Abandonment of 20 ft. Alley Right of Way Adjacent to the East Boundary of Lots 23, 24 and 25, Block 5, Lake Addition Recorded in Plat Book 11, Page 71 Palm Beach County Records Address: 818 N. Federal Highway Applicant: Joseph Tufo MINUTES PL~NNING & ZONING BOARD PAGE FIVE SEPTE~ER 23, 1975 Mr. Joseph Tufo appeared before the Board with his Architect, Mr. Robert Alan Black, and Contractor, ~. A1 Hempshire. Mr. Bushnell informed them that the alley abandonment was the only item listed on the agenda and the building was not, as it did not meet the parking requirements. F~. Black asked for an interpretation of the parking. Chair- man Trauger questioned if this was pertinent to the abandon- ment and Mr. Bushnell replied: no. ~. Black stated that one could solve the other. Chairman Trauger suggested taking care of the abandonment first and then discussing the parking and the members agreed. Mr. Bushnell informed the Board that the City had received several objections. One had been received from F.PoL., Southern Bell requires an easement if it is abandoned, the Utility Director of Boynton Beach objects, the Fire Marshall objects, Teleprompter T.V. requires an easement and there has not been a proper request made ~or the abandonment. Mr. Ryder asked if the 20 ft. right-of-way continued to the south and Mr. Bushnell replied: yes. ~. Tufo presented a survey to the Board and ~. Black ex- plained it. The members discussed the location. ~. Ryder referred to property being taken when the highway was widened and questioned if he was trying to re-claim it? Mr. Tufe informed him that nobody was using this property and it is just weeds, growth and trash. He would like to improve it and use it. M~. Walker pointed out that some utilities were located in this alley and Mr. Black replied that Mr. Tufo was not aware of this until now. He added that the land has no ownership and Mr. Bushnell replied that the City owned it. Mr. Black stated that there was no legal ownership and the City took it over, but it is abandoned. Chairman Trauger re- ferred to theoobjections received and stated he didn't believe it met the criteria for abandonment. Mr. Ryder referred to a motel being located on the east side and how they would be denied access. Mr. Rossi referred to the procedure for advertising abandonments and this wa~ dis- cussed. Mr. Black informed the Board that they were unaware of the procedures and objections. He asked what procedure was recommended now with these objections having been re- ceived? Chairman Trauger exolained the procedure and the reason for the alley being e~tablished for the utilities. Mr. Ryder added that the City could be liable for damages in abandoning this alley. Mr. Tufo stated that he only wanted half of the alley, 10 ft. Mr. Walker pointed eut that utilities were located in this right-of-way and Mr. Tufo stated that they could come on the property $~ tend to the utilities. MI~J TES PLANNING & ZONING BOARD PAGE SiX SEPTE~ER 23 , 1975 I~. Smoot then read the letters received from the utility companies and City departments. ~rs. Huckle pointed out that they all referred to a 20 ft. abandonment, but Mr. Tufo was only requesting 10 ft. Mr. Smoot informed her that the whole 20 ft. alley must be abandoned. Chairman Trauger stated he didn't think the Board could proceed with having received these objections. Mr. Black asked if Mr. Tufo could obtain copies of these letters and Mr. Bushnell replied: yes and they were available from the City Clerk. M~s. Huckle made a motion to deny the application for aban- donment of the 20 ft. right-of-way adjacent to the east boun- dary of Lots 23, 24 and 25, Block 5, Lake Addition, as applied for by ~. Joseph Tufo on the basis that utility easements cannot be satisfied per letters received from utility com- panies and City Boards. Mr. Ryder seconded the motion. Motion carried 6-0. ~. Black asked if Mr. Tufo could re-apply and ~. Bushnell replied: yes. ~. Black stated they understood their build- ing addition was on the agenda and have been told the parking requirements are not satisfactory. ~. Bushnell informed him that the use was not covered in the zoning regulations. Mr. Smoot asked what was planned and Mr. Black informed the Board that a restaurant, 25 x 50 ft., was proposed. He has a drive- in and now desires to add a sit-down restaurant with a limited menu. ~*~. Rossi remarked that if it was a technical matter, it was ~eyond the nature of this Board. M~. Smoot explained that the parking regulations did not pertain specifically to drive-in restaurants. Perhaps they can work this out at a later date. Chairman Trauger stated he didn't see how the Board could act. ~. Black stated there had been a misunder- standing on his part and he would like some help. Chairman Trauger suggested that he meet with the Building Department. F~. Tufo stated he did meet with the Building Department, but the requirements are not stated in the regulations. Mr. Bushnell informed the Board that a drive-in, sit-down restau- rant and amusement park were planned. ~. Walker asked when he planned to start building and Mr. Black replied as soon as he could get a permit. Mr. Smoot requested that they con- tact M~. Bushnell and he would meet with them. 4. Consideration of rear setbacks of C-3 ~ud C-4 zones ~railroad. Chairman Trauger stated that when they initially zoned this area, they talked about what could be put along the railroad, but did not consider the back setback at all. Mr. Bushnell pointed out the area on the map. He stated that the rear setbac~ could be reduced in M-1 zones when abutting railroad property. He informed the Board that the owners of C-3 and C-4 property were asking for the same use of their property as M-1 when abutting the railroad. MINUTES PLANNING & ZONING BO.~d~D PAGE SEVEN SEPTEmbER 23, 1 975 Mr. Smoot talked about the purposes of back yards and stated he didn't believe in commercial instances that these points were really an issue. Mrs. Huckle questioned having space for fire and police protection and F~. Smoot replied that there was still space with the railroad right-of-way. He added that the whole point of a rear yard in this particular instance did not really accomplish that much. Mrs. Huckle remarked that she still thought there should be some area behind a building. Mr. Smoot questioned what 10 ft. accom- plished and Mrs. Huckle replied it was a buffer and also a place for fire vehicles. Mr. Smoot informed her that with a fire lane, no structures or fences would be permitted. Mr. Ryder referred to narrow pieces of property between the railroad and Route 1 and the members discussed the possibility of developing these. Mrs. Huckle referred to lots on the waterway and being able to build up to the water. Mr. Smoot referred to non-conform- ing lots abutting the waterways and told about their investi- gation of these. Chairman Trauger brought the discussion back to the question of rear setbacks of lots abutting the railroad. ~Ms. Huckle questioned the requirements of the Southern Standard Building Code and Mr. Bushnell explained how exterior walls must be fire rated. He also pointed out that in. C-4 and M-1 zones, no setback was required on the side. Mr. Rossi added that other cities allowed no setbacks along the railroad, but it is a question whether they want it done here. The members discussed the possibility of de-railments and the railroad installing a fence. ~. Bushnell informed the Board that there is an architect with a rather substantial project that would like to proceed. He believes C-3 and C-4 zones abutting the railroad should be treated the same as the M-1 zone. Mr. Smoot questioned why C-3 was included and ~s. Huckle pointed out that multi-family was included in this zone. The members discussed how the commercial zones ~ramided. Mr. Smoot also pointed out that they might run into a legal problem and must make the regu- lations uniform. The members also discussed the other zones located along the railroad. Mrs. Huckle suggested removing this item from the agenda for further discussion at a workshop sessiom._ ~. Rossi agreed that there was more to it and should be discussed at a work- shop meeting. Mr. Smoot referred to the pyramid zoning and with this, he does not reco,mmend any reduction in that rear yard especially with having residential in this zone. If they were to deny a request for re-zoning, they do not have a procedure. MINUTES PLANNING & ZONING BOARD PAGE EIGHT SEi~P~ER 23, 1975 Mr. Walker made a motion to remove Item 4 from the agenda for discussion at the next workshop meeting of the Planning & Zoning Board. ~s. Huckle seconded the motion. Motion carried 6-0. 5. Request from Mrs. Walden to re-locate auto business .~ one..lot..~0rth from 902 N. Federal Highway ~s. Arlene Walden appeared before the Board and informed them that she resides in West Palm Beach and her present business is lo~ated at 902 N. Federal Highway. She would like to re- locate next door at 924 N. Federal Highway. She has' lost her lease and her business is established in Boynton Beach and she would like to stay here. Chairman Trauger asked if she had a lease for this other property and ~s. Walden informed him that she has not signed a lease and won't until she knows she can have a business there. She would like to have her occupational license transferred to this new address. The members discussed the location and the present use of the property. Mr. Bushnell informed them that the license was subject to a lease and the use must be recommended by this Board. He added that in the issuance of the transfer of the license to the property, they must have a drawing, Chairman Trauger stated he saw nothing that would interfere from mov- ing the used car lot 100 ft. to a previous used car lot subject to approval of the Building Department and in con- formance to the codes. ~4r. Bushnell inf~rmed him that the Board would get a site plan review and it would also go before the other Boards. Mr. Ryder stated in accordance with the request from Walden Auto Sales to re-locate their present used car lot from 902 N. Federal Highway to 924 N. Federal Highway, the Board recom- mends this property be used for re-establishing their business. Mrs. Castello seconded the motion. Mr. Rossi suggested adding the stipulation that after re-location, the location at 902 shall be abandoned. Motion carried 5-1 with Mrs. Huckle voting against. 3. Athan's Shopping Center S. W.~804 & Congress~ Mr. Jan Wolfe, representing Athan's Shopping Center, appeared before the Board and stated he understood this plan was re- moved from the agenda and he wondered whether this was valid. They have submitted a plan prior to preparing the final work- ing drawings. The C.A.B. returned the plans to the Building ~epartment noting their denial, but they did approve the site plan based on receiving the final architectural drawings. The members discussed why this item was removed from the agenda ~ud then dec.ided to review the drawings. MINUTES PLANN~G & ZONING BOfaP~ PAGE NIR~E oE _EMBER 23, 1975 ~;~. Bushnell showed the plans and the members studied them. Chairman Trauger read the comments from the minutes of the C.A.B. meeting regarding their review of these plans. Mr. Wolfe clarified that they did have approval of the site plan from the C.A.B., but will go through the Baard again with the final plan. Mr. Smoot asked about the curb cuts and Mr. Wolfe explained that the Fire Department, Police Department and school wanted access. Mx. Smoot referred to the spaces in the rear backing out into school bus activity and Mr. Wolfe informed him that this had been abandoned and was only a service road for the employees and the City and not school children. Mr. Ryder referred to de-acceleration lanes and Mr. 'Wolfe explained. Mr. Smoot suggested moving the parking back for the 804 right- of-way and Mr. Wolfe replied that it possibly might be ten years before this road was widened. Mr. Smoot asked if he had submitted a warranty deed to the County and Mr. Wolfe replied: no, but provisions are made to make it simple for the State or County to acquire it when needed. The members and Mr. Wolfe discussed the widening of this road further. Mr. Walker made a motion that ~. Bushnell and MM. Wolfe meet together and make recommendations to the Board. M~s. Huckle seconded the motion. Under discussion, ~. Bushnell informed them that this would come back before all the Boards with the final drawings. Prior to that, they will hear from the County or State in reference to the taking of this property. Mr. Rossi added that they must clarify the south right-of-way line of 804 and the west right-of-way of Congress as it re- lates to whether the Co~luty wants the property dedicated or whether they would be satisfied with reservations should taking occur at a later date. Mr. Wolfe stated that the site plan was functional regardless of this and he would like to go ahead with the final drawings. Mrs. Huckle stated she believed Mr. Wolfe would like them to accept this particular site plan notwithstanding the situation that might exist with the road taking. Mr. Smoot agreed that these problems were off the site and it met the code whether this was ts~en or not. Motiom carried 6-0. Mrs. Castello made a motion to recommend approval to the City Council of the site plan for Boynton .Plaza as defined within the ultimate right-of-way lines. Mr. Rossi seconded the motion. Under discussion, M~s. Huckle asked if all the basic requirements had been met and Mr. Bushnell replied: yes. Mr. Smoot questioned the rear yard setback and Mrs. Huckle read the requirements and noted it was in order.~ .Mr. Rossi stated he believed the ultimate right-of-way lines should be shown on the plan. Mr. Ryder asked if there would be sidewalks along Congress Avenue and ~. Bushnell informed him that the City did not hame jurisdiction along County right-of-ways Motion carried 6-0. ' MINUTES PL~NNING & ZONING BOARD PAGE TEN SEPTE~ER 23, 1 975 6. Cqmments ~y Mro Smoot First Mr. Smoot apologized again for not being able to attend the special meeting. He asked for this opportunity to speak now to sum up what he would have said if he had been at this meeting. When ~. Kohl asked him to assist this Board, they were ini- tially looking at non-conforming difficulties. The public hearing coming up in October will address itself mainly to side yards and district boundary changes. Currently the technical committee composed of Mr. Bushnell, ~. Kelly, Mr. Simon and himself are considering a draft of the non- conforming section and Board of Adjustment section. The attorney and he feel they will complete this review and he will return with a revised draft for a workshop meeting followed by a public hearing. This will accomplish Phase 1. Phase 2 is that they have no re-zoning procedures. What they have done tonight could be tested and drawn out. It is not clear how this Boardprocesses what it does process, what criteria they look at, how long something can be tabled, etc. These are procedures which are always found in codes and they are very frequently found by the courts to be procedural violations. He thinks they should look at re-zoning possi- bilities, duties of the Planning & Zoning Board and duties of the City Council. Phase 3 is a point he would like to discuss at a workshop meeting and that is pyramid zoning. He explained the two kinds of zoning, which are accumulative and exclusive. Mrs. Huckle stated that they didn't pyramid from commercial to residential and Mrl Smoot disagreed and explained. He then continued and pointed out that another difficulty was that many uses were asterisked and they have indicated they re- quire some sort of special treatment. If they ~re going to have this in this code, they must make them ~ermitted with no asterisk or must create a category such as conditional use or special exception. All must be treated the same. This phase should be discussed ~urther at a workshop meet- ing. Phase 4 is that he has made ~n overlay of the map and land use plan and the match is lousy. The land use plan is not shown on any map. Mrs. Huckle informed him that the land use plan was adopted as a guide. Mr. Smoot stated that it was adopted and should be done by reso~tion. However, in order to have a guide, they must have it exposed to see it and he does not see it. This should guide them in future decisions. M~. Rossi informed him that every member had a copy of it. Mr. $~oot continued that it must be used as a criteria in re-zoning applications, tt should be reviewed ~NUTES PLANNING & ZONING BO~d~D PAGE ELEVEN SEPTEMBER 23, 1975 annually. ~s. Huckle stated that the regulations noted that this was to be reviewed every year~ Mro Smoot stated that this should be on the wall for reference. An~applicant should be required to submit complete information and prove his point that he is right and the p~an is wrong. The plan is simply a guide, At the end of the year, all re-zonings, permits, etc. are accumulated and you can see the areas where substantial changes have been made. The plan will stay alive this way. Mrs. Huckle questioned if this would be workable under a voluntary Plann~ug & Zoning Board with no paid consultant and Mr. Smoot replied that to do planning properly, it requires a lot of data gathering and procedures must be established. If they are going to have good planning and good long range planning, they must have someone to do it. Mr. Smoot then referred to the reserve area and future plan- ning and discussed this with the members. After discussion, Mrs. Huckle questioned if he believed the zoning map should be closer to the land use plan and Mr. Smoot replied that he was asking them to consider this. ~s. Huckle informed h~ that they did and questioned where there was a discrepancy? ~. Smoot replied that they did not use it in practice. Mr. Rossi remarked that apparently the people on the Board paid for this land use plan and then studied what the City needed. M~'~W~ker informed them that ~uite a bit of time was spen~ on the land use olan, but the map has nothing to do with it. The land use pla~ was for the future. Mr. Smoot continued that a professional job was done on the land use plan. It is a perfectly fine plan. They should use it as required by law. They must consider it as it re- lates to applications before the Board. The City should use it in reference to public facilities. Mrs. Castello pointed out that there was a stipulation that whenever a land deve- loper came in, land was to be set aside for recreation. Mr. Smoot replied that this was not always do~e. Mrs. Castello agreed that one of the criteria~ they were going to have to use when processing applications was this. They cannot leave this hidden. Mrs. Huckle referred to Mr. Smoot stating that the new map was not like the land use plan. Mr. Smoot referred to glar- ing errors and discnssed the reserve area past Military Trail. ~. Smoot explained the County's requirements for annexation and the members discussed the pros and cons of annexing areas. Mrs. Castello questioned the two items which were mandatory. Mr. Smoot informed her that they were trying to set public hearings for non-conforming uses and the Board of Adjustment section, which hopefully will be in October also. Also, re- zoning will be accomplished in sixty days. Mr. Rossi re- quested that a draft be sent to each member on all this. MINUTES PLANNING & ZONING BOARD PAGE ~LVE SEPTE~BER 23, 1975 ADJOURN~NT ~. Walker made a motion to adjourn, seconded by Mr. Ryder. Motion carried 6-0 and the meeting was properly adjourned at 10:40 P. M. AGENDA Regular Planning and Zoning Meeting. Time: 7:30 P.M.' Date: September 23, 1975 Place: Council Chambers, City Hall 1. Acknowledgement of members and visitors 2. Reading and approving of minutes. S. Announcements: 4. Old Business: .. 1. Shelton property- alley abandonment 2. W~ - wind generator 5. New Business: 1. Peter Fletcher (Bernard's Restaurant) U. S. 1 and Lake Street e Alley abandonment, N. E. 8th Avenue $ U. S. 1 (behind Tufo property)