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Minutes 05-08-89 MINUTES OF THE SPECIAL CITY COMMISSION MEETING RE COMPREHENSIVE PLAN HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, MONDAY, MAY 8, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor Ezell Hester, Jr., Commissioner Lee Wische, Commissioner Arline Weiner, Commissioner Peter Cheney, City Manager Carmen Annunziato, Director of Planning Tim Cannon, Senior Planner Michael Rumpf, Assistant City Planner Mayor Moore called the meeting to order at 6:00 P. M. and said it was a discussion session by the City Commission. What the City Should Adopt Mr. Annunziato told the Commission that probably 90% of the documents before them were data analysis, and it was not a required part of the Comprehensive Plan that the City must adopt. The City must adopt goals, objectives and policies, a future land use map, the natural resources map series, future traffic circulation maps, capital improvements imple- mentation, and requirements for monitoring and evaluation. Mr. Annunziato said that was the heart of the Comprehensive Plan, and it reduced the 1,000 page document down to about a 90 page document. Mr. Annunziato reminded the Commission that if they adopt more than the bare minimum, every time there is a change in statistics, i.e. a property is annexed and the Tables ~hange because the City gets bigger, the Commission would have to go back and amend the Tables if they were a part of the Comprehensive Plan. He recommended that they adopt the bare minimum of documents, and that would become the compre- hensive Plan. That was what the City would transmit. Mayor Moore read, and he knew the other Commissioners had read and evaluated the documents that were given to them. City Manager Cheney suggested that probably the Future Land Use Element would be the one the Commission would have the most comments about. It ties in with the Coastal Management Element and several of the others and was probably the one the Commission and the P&Z Board had the most interest in. Procedure for Adopting Plan Mayor Moore asked if the P&Z Board had completed its evalua- tion of this. Mr. Annunziato replied that they still lack -1- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 the Housing and Capital Improvements Elements, but they will be taking those up tomorrow night. On Wednesday, Mr. Annunziato said the Planning Department will compile those comments and add them to the addendum. Hopefully, they will have everything for the Commission with the final recommen- dation from the P&Z Board, when the Commission meets Thursday, May llth. On Tuesday, May 16th, the Commission will consider final adoption of the Plan. On June 1st, the City must transmit the Plan. Mr. Annunziato said the State has 90 days in which to do their portion of the review. They will transmit it back to the City some time around the end of September or the beginning of October adopting it with objections, comments, etc. It will probably be 30 or 40 pages, but Mr. Annunziato stated ' ~hat would be short compared with others. The City will ~hen have sixty days in which to amend the plan or argue With the Department of Community Affairs (DCA) and adopt the plan. Group Homes Mayor Moore asked what the status of the Legislation in Tallahassee is on group housing. City Manager Cheney had ~he feeling last week that the Legislature will adopt ~omething. Briefly, what happened is that any group home With five people or less can go anywhere in the City that ~he agency wants to put it. The agency, which could be HRS, Hill pick a site for a group home with 6 to 14, will tell ~he City the site, and the City will have 30 days to object go it, find an alternate location, or negotiate. Ultimately, ~he decision maker on the process after that is the Secretary of DCA. City Manager Cheney informed Mayor Moore that the plan has nothing to do with that legislation. If that passes, the Segislation will adopt plans. If the City had some kind of ~tandard in its plan, either now or later, City Manager Cheney said the agency selecting a place may look at that ~tandard. The Secretary of DCA may look at that standard, and that would give us one up on the final decision, but ~here is no guarantee on that. Mr. Annunziato thought what was recommended was probably Tore restricted than what will come out in law, because it ~s not likely that there will be distance requirements. Mayor Moore stated that the City is trying to anticipate it. If it does not work, the City will do something else. -2- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Future Land Use Element Mr. Annunziato said this Element was the composite of all of the other Elements, and he explained how it ties in with other Elements. Mr. Annunziato thought that was probably 90% of the conversation. He added that the Housing Element is also very important, and he suggested it be put off until the meeting on Thursday. Mr. Cannon said the Commission received the comments in the Spiral bound book. The P&Z Board recommended approval of a lot of changes that were fairly non-controversial. Mayor Moore asked if the Planning Staff recommended one thing and the P&Z Board recommended changes. Mr. Cannon answered that all of the comments made during the course of the hearings and workshops were logged, and the P&Z voted whether to recommend approval of any particular comment. He thought the Board might want to look at the comments and the Board's recommendations. Mr. Cannon said there is a requirement in the Florida Statutes that the Commission has to read the comments from the public "(P)". Mayor Moore asked how it would be meshed together. The night of the 16th, when the Commission votes to transmit the plan, Mr. Annunziato said the Planning Staff will spend from the 16th until the last day of May putting it in a form consistent with the Commission's approval. Mayor Moore thought the hard part would be for the Commission to read and know what the public said, what the Planning Staff said, what the P&Z Board said, and what the Commission wants. Mr. Cannon recommended that the Commission glance down each page. If they differed with the P&Z Board's recommendations, they could bring them up for discussion. When they get to the end, where there had not been any discussion of the Board's recommendations, he would assume that the Commission Concurred. Shopping Center, South End of Town Mayor Moore asked if this was behind them now. He inquired if it was going to be Special High Density (SHD), or if they Had made a motion that it would stay as it was. Mr. Cannon advised that the City Commission had already voted on that. -3- MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Procedure There was discussion as to how the Commission should review the Element. Mr. Cannon said every comment reflected a change, and he repeated his prior suggestion. There was further discussion about what procedure to follow. Mr. Cannon advised that they would see comments made by the public that do not directly connect with the Comprehensive Plan. ~ayor Moore asked if a lot of this was things the City would like to do in the future and things they should think about, address, and know the problem is there. Mr. Annunziato answered that there are things the City Commission must focus in Ono They have to adopt levels of service (LOS) for sewer, water, roads, recreation and parks, and drainage. In the Elements, the LOS relate to the gallons per day, pounds per capita, or acres per thousands of people, as the case may be. Those relate back to the Future Land Use Element, as they relate to the number of square feet for different kinds of land uses, and they also relate to the Capital Improvements Element. City Manager Cheney suggested that they start at the north end of the map, pick out the controversial areas, and discuss them. When they adopt the plan, Mr. Annunziato said restrictions will go with it. There was further discussion. Special Hi_~ Density (SHD) Br. Annunziato said the P&Z Board recommended that every- thing north of the Boynton Canal, east of U. S. 1, with some sites on the west side, south of 22nd Avenue, east of 4th Street, go to an SHD category, 20 units to the acre, and five Stories. Mr. Annunziato agreed with Mayor Moore that it would be subject to a referendum, but the density would not. Commissioner Weiner understood that the Planning Department recommended the SHD category because there are people living in condominium developments who cannot make improvements because they cannot get insurance and mortgages. Mayor Moore advised that was another area. Mr. Annunziato Confirmed that it was not this area, but he said there were also sites close to those higher density areas which could Accommodate 16 units per acre, which was the density recom- mendation that the City Staff made. Mr. Annunziato asked if the Commission wanted to increase the density from a maximum of 10.8 units per acre over this -4- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 large an area. Mr. Annunziato emphasized that it was an important decision, because it related to utilities as well. City Manager Cheney advised that they can increase the density without increasing the height, but the issue was whether the Commission wanted to do that. Mr. Annunziato inquired whether they wanted to do it over the entire area. vacant property, or properties subject to redevelopment. Mayor Moore stated that was an issue they should consider. Mixed Uses With regard to the recommendation of mixed uses from the Boynton Canal south through the Central Business District (CBD), from the Florida East Coast (FEC) Railway east, 40 units an acre, Mr. Annunziato informed Mayor Moore that mixed uses would mean Commercial, Hotel, and Residential. Mayor Moore referred to the 45 foot height restriction and commented that something would have to give. Mr. Annunziato agreed and added that there was an additional restriction that to attain those densities, you would have to have two acres. Mayor Moore ascertained that would be 80 units for two acres and he wondered about parking. Mr. Annunziato replied that 40 units with 80 parking spaces would be about 3/4 of an acre of land. Commissioner Hester did not know why they should consider that now and put it in the plan now. If it would happen, they could go back and change the plan. Mayor Moore thought it would be more difficult not to have it in the plan than to have it there. It would be easier to change the Compre- hensive Plan if it were there, in place. Mr. Annunziato thought it was more difficult to go back and change the plan. He did not think there was anything wrong with having a mixed use district. He encouraged it and thought it would 6ffer some opportunity for people to do different things. Mr. Annunziato felt the question was whether the Commission Wanted to look at 40 units per acre. That would really only Work if they went higher than 45 feet. They could leave the density the way it is and have a mixed use development. If everything works out, they could reconsider it in a year, go back and amend the plan to raise the densities, and then they could do the formal studies they may want to do. It will cost money to do the studies, but they would know what they were buying. Mayor Moore asked how close the City is to the utility maximum. He inquired whether the City was getting ready to -5- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 handle something like that. Mr. Annunziato answered that the utilities that appear in the Utilities Element match the Land Use Plan proposed by the City Staff. That did not mean it could not be accommodated, but the City might have to approve lift stations, might need a force main, or need to bring another source of water in. The plant capacity probably would not vary that much, but that would be something the City would program and watch for five years. Commissioner Wische asked how often they could amend the plan. Mr. Annunziato answered twice a year. After further comments about mixed uses, Mr. Annunziato said he thought it would be easier to say this is a mixed use district which will allow Commercial, Hotel, and Residential uses. He did not think they would have to designate a density. Mr. Annunziato thought the Commission could go back and do that if there was a referendum, it was approved, and it was high enough to allow that kind of density. Mr. Cannon gave the Commission an idea of what some of the existing densities were. He referred to Gulfstream Condo- minimums on South Federal Highway, which has a maximum of 32 units per acre and has four stories. Mayor Moore asked if anything was higher than that. Mr. Cannon mentioned Harbour Hall Condominium, which is around 35 to 40 units per acre. Water Related and Water Dependent Uses In the Coastal Management/Central Business District Elements, Mr. Annunziato asked the Commission to keep in mind that one Of the charges from the State was to promote water related and water dependent uses and access to the water amenity. The City Staff's recommendation was to cite specific develop- ment, as opposed to SHD development. Grove Shopping Center Mr. Annunziato said those people are beginning to generate their Architects, and the Commission should be seeing that in a month or two. Area between .O__ld Dixie Highway and U. S. 1 New Car Dealershi.p_~ Mr. Annunziato thought the County would rather turn these areas over to the City today, if they could. They are a problem for the County. Answering a question from Mayor -6- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Moore, Mr. Annunziato said only Boynton Beach utilities are in this area. In that area, the recommendation is for C-3 along Old Dixie Highway and Retail Commercial along U. S. 1. Mr. Annunziato said there is also a recommendation for new car dealerships. If they can span the distance and get two acres of land, new car dealerships will be allowed as a per- mitted use. Mr. Annunziato informed Mayor Moore that car dealerships are presently not allowed in C-3 zoning. In this area, it would be ideal because the land uses are not expensive land uses. That could foster redevelopment, and it is an area where there would be few negative impacts because the railroad tracks are behind it and Commercial is On either side. County Pockets, Annexation and Service Mr. Annunziato said the Tradewinds subdivision is there with no sewer, no water, and substandard roads. Small sub- divisions, which are County pockets, are north of there. The City anticipates that those will eventually be annexed. Mayor Moore asked if they would be annexed by Delray Beach. Mr. Annunziato answered that they would not be annexed by Delray Beach. This property is in the Boynton Beach service area, and it is north of Gulfstream. The line between Boynton Beach and Delray Beach has been drawn. Boynton Beach has annexed to its south preserve annexation limit, and there is no argument here. Mr. Annunziato apprised the Commission that there has been some discussion about what to do in Gulfstream, and he thought it would be resolved. Delray Beach is supposed to serve Gulfstream, but he did not think they could realisti- cally do it. In the next year or two, Mr. Annunziato said they might see the three City Commissions (Delray, Boynton and Gulfstream) coming together to try and come up with a plan. City Manager Cheney said they will meet sooner than that because he already has a letter from Gulfstream about sanitary sewers, particularly in the north end of Gulfstream. Mr. Annunziato has been in meetings, and he thought it would turn out being who can most easily and realistically serve. Mangrove Areas on the Intracoastal Waterway Mangroves are protected. Some are overgrown. There is maybe 100 to 150 feet of upland, but Mr. Annunziato said it Would be difficult to develop those sites. One concept he thought the Commission needed to fully understand, in terms Of the land uses and policies which accompany them in the -7- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Future Land Use Plan, was that there were a lot of policies for changes in land use if a certain set of criteria could be accomplished. North Federal Highway - C-4 For example, on North Federal Highway, on the east side, Mr. Annunziato said the properties are zoned C-4. At one time, the City Commission desired to put them in the C-3 category, but it never came about. If they are in C-4, they will remain so. Mr. Annunziato said the problem with those lots is that they are not deep enough. That is why they get substandard developments. Mr. Annunziato informed Mayor Moore that the west side is constrained by the railroad tracks. What the City has said is that if the lots behind the properties that are zoned C-4 can be purchased and put them in unity of title, they would be construed to be in the General Commercial category if it is developed subject to the constraints listed in the plan. Mr. Annunziato advised that is the concept which is pervasive through the Future Land Use Element. He elaborated on how he and Mr. Cannon know where the problem spots of the City are. Mr. Annunziato thought that was something the Commission had to agree to or not agree to. Commissioner Weiner asked if that was the same idea as going two lots deep on Boynton Beach Boulevard. Mr. Annunziato answered that it was the same thing. After discussion, ~ayor Moore said it invades an established residential area but gives a way to go to develop something that makes sense. Mr. Annunziato said then they would have to put up walls, landscaping and additional criteria. The same thing applies on Woolbright Road, Boynton Beach Boulevard, and U. S. 1. Seacrest Boulevard Mr. Annunziato told Mayor Moore he thought it would be a big ~istake to have a strip along Seacrest Boulevard. The idea of converting Seacrest Boulevard to a commercial corridor would negatively impact the neighborhoods on either side. In Mr. Annunziato's opinion, all of the areas east of 1-95 are areas where the City should be investing its money. They are areas that are either in decline or about to go into decline. South of 23rd, Mayor Moore said there are nursing homes, doctors offices, etc., and that seems to be working. -8- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Mr. Annunziato agreed but said north of Seacrest Boulevard, it would not work. The properties are of lesser value, and the lots are small. Mr. Annunziato called attention to the hospital south of 23rd, which is what drives the doctors' offices. City Manager Cheney advised they should strengthen the housing and residential market east and west of Seacrest Boulevard by improving it. It was going downhill quite badly two or three years ago along Seacrest Boulevard, particularly east of Seacrest to the railroad tracks. With Code Enforcement in the area, there is visible improvement. ~ith strengthening of the housing, maybe Seacrest Boulevard can have some effect on adjoining neighbors. Tradewinds Prope~rt_~ Mayor Moore asked what the City is now doing with this property on the plan because they are going into Court on an emergency basis tomorrow morning. Mr. Annunziato replied that the City is suggesting no changes in land use. It is Commercial and Residential. Mayor Moore asked whether it was right or wrong that the City was trying to change the plan contrary to a Court Order. He stated that the opposi- tion was trying to stop the city from adopting the plan because they are saying the City is doing something contrary to what the Court said in the environmental area. Mr. Annunziato answered that the City did a Conservation Element. They asked for the Attorney's opinion on the applicability of the Comprehensive planning effort for the Tradewinds property. The only effect is some native upland habitat. The worst they would have to do (and this situation has existed since 1986) would be to set aside 25% of the native habitat and leave it undeveloped. Mr. Annunziato said that density would be put into multi-family uses. City Manager Cheney added that they would keep the same density and get it approved, no matter what happens. B__9oynton Commerce Center Mr. Annunziato referred to the northerly undeveloped property (not the property owned by Jim Brady), south of 15th, west of 1-95, and east of Commerce Center Drive. He explained that there are two property owners on each side. The north half is zoned C-3. The property south of the line that is zoned C-3 is in the Planned Industrial (PID) cate- gory. That is the property where there are three big -9- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 buildings. From that point north, about halfway, it is still zoned PID. The representative of the Boynton Commerce Center requested in a public hearing, before the P&Z Board, that the undeveloped property be put in a C-3 (Community Commercial) category. Mr. Annunziato said that was another area that needed discussion. The Planning Department thinks the property should remain PID. PID permits Commercial, Industrial, and Business devel- opment, subject to approval by the P&Z Board and the City Commission. For example, Mr. Annunziato said Home Depot was mentioned, and the Planning Department thinks Home Depot Could come in without changing the land use and the zoning. He thought the request had more to do with putting the property in a position to sell than to develop it. Golf Road and Congress Avenue Mr. Annunziato indicated two properties and said they talked a lot about them at the public hearings. The recommendation Was that they be developed in part on the south and totally on the north side for Adult Congregate Living Facilities (ACLFs). Mayor Moore noted that the City was getting oppo- sition, and he thought that the traffic impact would be less. Mr. Annunziato advised that single family homes are generating about 11 trips a day, apartments about 7 trips, and he could not imagine an ACLF having 3 trips per unit a day. After discussion about prior applications not being developed, Mayor Moore said if they do not get something like an ACLF, it will never be developed, and it is a use that has to be provided. Mr. Annunziato stated that it was obviously an area of controversy. Mayor Moore observed that the objectors want it to stay single family Residential. Property In Front Of Hunters Run The Staff recommendation was that the north nine acres be put in an office category (C-l) and that the south 20 acres of land be Community Commercial (C-3). Mr. Annunziato said ~he opposition wants the C-3 changed to C-1. Commissioner Weiner informed Mayor Moore that a part of the ~0 acre parcel is to be developed as a City park. The public park is in place, and Hunters Run wants the park in place. There were just some uses that Hunters Run objected to. Mr. Annunziato apprised the Commission that there was a specific ~ecommendation from the P&Z Board that the amphitheater and the band shell go south of Shooters. Commissioner Weiner -10- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 clarified that there are two parcels. One is a 30 acre parcel and the other is the 20 acre parcel. Commissioner Weiner repeated prior statements about the 20 acre parcel. Commissioner Weiner said WXEL is on the 30 acre parcel, and the City recommended that the nine acres abutting WXEL be zoned C-l, but the people of Hunters Run want the whole parcel zoned C-1. Office Parcels Around Bethesda Hospital A property owner, representing the Homeowners Association of High Point, wants only one story buildings to be allowed. Mr. Annunziato said two stories are permitted under the zoning category. It is zoned C-1. Mr. Cannon informed Mayor Moore that the City Staff recommended two stories with no under building parking. 55 Acre Site on South Seacrest Boulevard Going back to the environmental aspects, Mr. Annunziato thought this site was probably the most sensitive in Boynton Beach and even in Palm Beach County. Mayor Moore asked, "Why?" Mr. Annunziato replied that it has more endangered species, and it has nesting scrub jays. It is zoned R-lA. Mr. Annunziato pointed out that this will be a difficult site to develop under the best of circumstances. Every environmental agency is aware of it. Mr. Annunziato thought the owner should come back to the City With a request for Planned Unit Development (PUD) zoning, Cluster their density on the east and west sides, and leave the scrub jays where they are. Developers are aware of this and are thinking PUD and clusters. Mr. Annunziato thought they would net about 4 units per acre. Property South of the Water Plant Mr. Annunziato said this is between the duplex subdivision and the water plant on the east side of Seacrest and a couple of property owners. He said the City may consider purchas- ing this property for the extension of the water plant site. There are about nine acres. Mayor Moore asked if there was an environmental problem here. Mr. Annunziato answered affirmatively and said it is all Florida scrub. -11- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Woolbright Road, between First Street and 1-95 The Planning Department's recommendation was to allow for 25,000 square feet of land (3½ to 4 lots). Then it could be developed for one story Office and Professional uses. The recommendation picked up the two houses on 4th, behind the fence. Mr. Annunziato explained that they can combine with the frontage on Woolbright Road and wrap around. It also provided for the abandonment of that street. Mayor Moore asked if it was fair to require that much front- age. Mr. Annunziato answered that the biggest problem on woolbright Road is traffic, which is why the people are complaining. It is already operating with LOS "D" (about 26,000 trips a day). If they want to exacerbate what is already a bad situation, Mr. Annunziato told the Commission to allow two curb cuts every 7500 square feet for an office building, and they will have chaos. The idea here was to allow these people to make 3, 4 or 5 sites, develop their property with office buildings, and limit the number of curb cuts. It is R-1AA behind these properties, so it is a higher cate- gory than single family residential. The P&Z Board recom- mended that they go back to S. W. 14th Avenue, have swales, sidewalks, walls, landscaping and one story. Mayor Moore noted that the Planning Department did not agree with that, and he did not agree with it either, ge did not think it would ever happen, and most of the south side of 14th is already developed. There are no vacant lots there. Mr. Annunziato clarified that they would be taking the houses out of housing production and moving the line northward. The houses on S. W. 14th are already impacted and probably will not increase any more in value. Mayor Moore asked if there would be any objection to leaving the line halfway between 14th and putting a barrier there. Mr. Annunziato had no objections. Attorney Tomberg had appeared and recommended that they go back to 14th. Mr. Annunziato thought it would work. Boynton Beach Boulevard Mr. Annunziato thought they should talk about the redevelop- ment area because they have a plan that is evolving. There is a recommendation that they go back to N. W. 1st Avenue on the south and to what amounts to an irregular line to 3rd Avenue on the north. They would basically be going back one lot. It is C-1 zoning now. There has to be an acre of land. To take advantage of the properties from the rear, -12- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Mr. ~lnunziato said there would have to be access from Boynton Beach Boulevard. Three economic statements were prepared for this area, and Mr. Annunziato apprised the Commission that all three concluded the same thing. There is a very limited market now and in the future for a lot of office and retail. The findings made for Boynton Beach Boulevard related primarily to redevelopment for the local population (lawyers, doctors, etc.). Mr. Annunziato did not agree with that because he thought Boynton Beach Boulevard had more of a regional prospective. As they think in terms of redevelopment in this area, multi- story buildings, the opportunity for Commercial, etc., Mr. Annunziato said there is a limited market. He thought the balancing the Commission would have to do was in their own minds. Once they get out of the confines of the CBD and go north or south, he questioned whether they would be deluding the impact of what is not an unlimited number of square footage demand. There was discussion about buildings in the City that were foreclosed~ in bankruptcy, or never got a final C.O. Mayor Moore referred to vacant office spaces and questioned whether it would be viable to have zoning for more office spaces. Mr. Annunziato responded that was what the Commission would have to consider. It seemed to Commissioner Weiner that Palm Beach County was faced with the problem of empty office spaces. City Manager Cheney advised that everything gets overbuilt. Not too long ago, retail was overbuilt, then condominiums. That is the way investors seem to go. He read the last month or so that offices were beginning to turn around. Redevelopment Plan With the Commission reorganizing the Community Redevelopment Agency (CRA), Mr. Annunziato stated that this plan may or may not come to fruition. The redevelopment plan takes the recommendation of the P&Z Board and Plantec and accepts, for the most part, those recommendations. The highlights of the plan are for a shopping center at the northeast corner of Boynton Beach Boulevard and Seacrest Boulevard and redevelopment of about ten acres. North of that, along Seacrest Boulevard on the east side, -13- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Mr. Annunziato said there are some new multi-family apart- ments. Further north, and south of Sara Simms Memorial Gardens on the west side of Seacrest Boulevard, there is an opportunity to put together quite a few acres of land, including the abandoning of streets that were never built, for multi-family housing. There was discussion about a monument that is there. City Manager Cheney said a housing developer was in the other day. The opportunity to pick up publicly held land and give it to a developer will help in land costs. Mr. Annunziato said there would be about a 25% to 30% write-down in land costs. Poinciana Elementary School Mr. Annunziato told the Coramission that Poinciana either has to grow, or it will go. City Manager Cheney advised that the School does not fit the minimum State standards. Mr. Annunziato said Plantec recommended that the school boundaries be extended southward to the north tier of the lots which front on the north side of N. W. 10th Avenue as far west as 2nd Street. Mayor Moore asked if it will remain as an elementary school. Mr. Annunziato answered affirmatively. The P&Z Board said that made sense, but they felt the school was a key element of the community, and the City needs to make it more visible. They recommended that the properties north to the Boynton Canal be incorporated into the school property. Mr. Annunziato informed Mayor Moore that the City's program is to pick up the lots west of 2nd, which are still in private ownership, and make them all part of Wilson Park. The City is working with the School Board to make Poinciana Elementary more prominent. Boynton Canal Rights-of-Way and Old Sewer Plant Mr. Annunziato referred to the ownership of property by the Lake Worth Drainage District (LWDD) and an intervening property owner and said there are opportunities to do several things on the piece to the west. (1) It could be a linear park adjacent to the canal. (2) It is big enough to develop for single family homes. Mr. Annunziato thought it was zoned for single family homes. He stated that there is an opportunity to develop an alternate access to the old sewer plant site. City Manager Cheney informed the Commission that the City will continue to use the existing buildings of the sewer -14- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 plant for the City nursery. The City proposes to relocate the Animal Control Shelter and to use it for storage of things like dumpsters. The City never proposes to abandon the land, but it will tear down the old plant. The City will still have the lift station there and the radio tower. The City needs it for a backup. Mayor Moore asked what was wrong with the access. City Manager Cheney answered that it is currently through a residential area. The canal has a potential for recreation and fishing, which Mr. Annunziato said could possibly be developed by the City and the LWDD over the long term. The canal rights-of-way are rather large. Mr. Annunziato explained to Mayor Moore that the canal proper and the canal right-of-way property are currently being used by the South Florida Water Manage- ment District (SFWMD). Everything east of the E-4 Canal is the SFWMD's ditch. Adjacent to the C-16 Canal, LWDD owned a district right-of-way. The LWDD declared its right-of-way to be surplus. They sold the east half, but the west half has not been sold. Mayor Moore asked how much depth they Were talking about. Mr. Annunziato estimated it was 130 or 150 feet. On the south side, east of Seacrest, Mr. Annunziato said there is also a very large right-of-way managed by the SFWMD. The recommendation is to develop a park along the south side of the canal right-of-way and have it expand into a neighorhood park. Access would be by 13th. North District Park Mr. Annunziato said this site was given to the City. Miner Road Miner Road is supposed to be under construction this year ~etween Congress Avenue and High Ridge Road all the way ~hrough to Lawrence Road. North of Four Seasons There is a lot of scrub habitat north of Four Seasons. Qn the east side of 4th Street, there is a recommendation ~or ground storage of boats. If someone came back with commercial development and rezoned the property, at that Doint, the Commission would have to approve a master plan. Mayor Moore asked how many acres would be needed. Mr. ~nnunziato answered, "About two or three acres." -15- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Trailer Parks In the Coastal Management Element, there was a recommendation to amortize the remaining mobile home parks (get rid of them) in ten years. There are three or four of them. The P&Z Board said five years, and they wanted to know if they could make it fewer than five years. Mr. Annunziato thought ten years was fair warning. He told Mayor Moore mobile home parks are grandfathered in now. After explaining, Mr. Annunziato said the recommendation is to make mobile homes a non-conforming use and have them removed in ten years. There was discussion about mobile homes and the number of years. Mayor Moore thought this was attacked and sustained by the Courts. He thought they said ten years. Undeveloped or Underdeveloped Parcels Along U. S. 1 Mr. Annunziato stated that there were very specific recommendations for these parcels. One of the more diffi- cult parcels is the parcel adjacent to Hypoluxo Road, and he alluded to Hypoluxo allowing a four story boat facility on the corporate limit line. There is very little Mr. Smith can do with his property. It is currently zoned R-3, but the frontage is zoned C-4. If that parcel and the parcel south of it can be combined, that property owner could come back as a Planned Commercial Development (PCD) for a boat storage facility. Mr. Cannon advised that it could possibly go up to four stories on the northern half, the idea being that the master plan for zoning would have to dictate how the property will be developed, what kind of buffers would be installed, etc. Dimick Road The lots on the north side of Dimick Road would be zoned ~or town story townhouses, and there would be one story ~ingle family homes to the south of them. End of Las Palmas, North of Shooters The lots on the south side of the road are attached town- houses. They keep making fewer lots. Mayor Moore did not think anyone would move on that property with the Shooters noise problem unless there is a four story office building. ~r. Annunziato responded that the recommendation is for two story apartments on the south side. There was discussion. Mr. Annunziato advised that the homeowners west of them have access rights and easements around and along the docks. -16- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Commissioner Weiner asked how Shooters was allowed to get there. Mr. Annunziato answered that there had formerly been a boat storage building and restaurant there. Dave Klapp's Property Mr. Annunziato said this property is R-1AA and probably will remain so. Mayor Moore did not think that was feasible. Mr. Annunziato replied that the problem is roadway capacity. With six lanes on Congress Avenue, there will not be enough roadway capacity to change the land use. Mayor Moore thought at some point and time, it should be another major shopping center site. Mr. Annunziato emphasized that it will not be commercial unless there are changes. The City would have to go to LOS "E". It is six lanes for LOS "D". The County LOS that Palm Beach County residents adopted in November was "C". If this property was developed as a PUD, there would be 726 units, which would equate to 7,000 trips per day. Mr. Annunziato asked how industrial plants compare to single family homes. Mr. Keller answered that the peak hours are worse. Mayor Moore referred to the money to be paid for the impact on the roads. Mr. Annunziato said it may be $40,000,000, and he said in the late 70s a decision was made by the County Commission to have six lane highways. There is now an opportunity for only six lanes. There are four and the medians now. There are rights-of-way set aside for six lanes. City Manager Cheney advised that he was told there would never be more than six lanes. Mr. Klapp could have a use like Motorola or residences that would equate to 7,000 ~rips a day. Mr. Annunziato added that Mr. Klapp could also put apartments along Congress Avenue. If it was a Development of Regional Impact Mr. Cannon said they would have to set the changes of the shifts. Mr. Annunziato agreed With Mayor Moore that it is the most important piece of land in Boynton Beach. He was told by Former Mayor James Warnke ~hat there was a dump there years ago. There were further Comments. Winchester Propert~ Mr. Annunziato informed Mayor Moore that it was the mecommendation to the City Commission that this property be developed as intensively as possible. This property is -17- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 still zoned Agricultural in the County. The key to develop- ment of the property will be a plan for development. Mr. Annunziato thought the worst thing that could happen would be a piecemeal development of the property, as that results in substandard development, traffic congestion, drainage that works or does not work, curb cuts in the wrong places, utilities in the wrong places, etc. He gave an example. Mayor Moore asked why they could not take this in as C-2 or C-3. Mr. Annunziato did not think the City could do that. Mayor Moore thought the City lost Winchester because the City told him to lay out the whole site plan in connection with bringing him in. Mr. Annunziato felt that to zone him C-3 would probably have been illegal because it would have been a land development order that carried the capacity for a DRI. If developed, 50 acres of C-3 zoned property would exceed the thresholds of Chapter 380. Mayor Moore inquired whether there was any way the City could take the Winchester property in on a zoning classifi- cation Mr. Winchester would agree to without making him give the City a site plan. Mr. Annunziato adVised that a plan Would be to Mr. Winchester's benefit and not his detriment. He thought it was important for Mr. Winchester to have a plan because of what happened to the Klapp property. Over the years, traffic has been underestimated. The longer Bill Winchester waits to get a development order, the more his ability to develop that property intensively is diminish- lng. If you have a Chapter 380 order, you have a vested right. Mayor Moore said Mr. Winchester does not have that and does not want to do that. Mayor Moore stated that Mr. Annunziato was trying to foresee what the property owner wants to do with his property. Mayor Moore was interested in getting him in the City and getting the taxes. Mr. Annunziato replied that he is work- ing with the property owner to help him understand what the problems are. Mr. Winchester submitted an annexation appli- Cation. Mayor Moore recalled that Mr. Winchester wanted the property zoned C-2 or C-3, and Mr. Annunziato wanted him to lay out the whole development plan. Mr. Winchester said he did not know what he wanted to do with the property. He wanted to sell it to someone that would come back to the city with a full development plan. Mr. Annunziato told Mayor Moore that it was still recommended that the Winchester property be developed in as high a Commercial intensity as possible. -18- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 City Manager Cheney thought the Commission had discussed key issues, and he stated that they now had to decide what they wanted to do about them. Mayor Moore pointed out that the Winchester property is still outside of the City, and the City does not have full authority. Mr. Annunziato encouraged Mr. Winchester to sub- mit an application last October because the Comprehensive Plan will be the second plan amendment in 1989, which would have meant Mr. Winchester would have waited until June of 1990 to secure a development order from the City of Boynton Beach. If he is a Chapter 380, he will go before the Treasure Coast Regional Planning Council, but he must make the applications to the local government. Mayor Moore argued that Mr. Winchester will sell the property to someone else, and someone else will have to come back to the City, Treasure Coast, etc. He emphasized that he wants to get the property into the city. Mr. Annunziato did not think the City could have issued that C-3 development order. Mayor Moore asked what zoning they were asking for. Mr. Annunziato answered that Agricultural zoning was on the application. Mayor Moore thought it broke down because the City was trying to make Mr. Winchester come in with a site plan rather than taking the land in. As soon as the property was annexed, Mr. Annunziato said the City would have been the local government of record. Any applications for Chapter 380 actions would have been made to the City. Mayor Moore asked why the City did not want to do that. Mr. Annunziato explained that there was another aspect. There is a Section in Chapter 163 for development agreements. The City tried to get the Attorneys together to create a 163 development agreement, where the City would say to make a commitment. Mr. Annunziato did not know if it would have been a legal commitment, but it would have been a moral commitment. Mayor Moore asked if it would be easier for Winchester to get Commercial zoning under the County than with the City. Mr. Annunziato did not think so. Mr. Winchester needed to be in the City, because the City wanted to be in the position of issuing a development order. For him to be in the City, he had to get annexed. For the City to annex him, he would have to go through the plan amendment process. The City could not let him go through the plan amendment process with a Commercial category because it would have triggered a Chapter 380 action, and the City could not have issued the land development order. -19- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Mr. Annunziato recalled that the City asked him to submit an annexation application, come in, and then file the Chapter 380 actions when he was ready. At that point, his utilities would have been in line, and he would have had everything going for him. Mr. Annunziato further explained that a Chapter 380 development order says a site will carry so many square feet of retail and so many feet of office. Mayor Moore asked if the City was ready to take the Winchester plan in under the Comprehensive Plan. City Manager Cheney asked if a DRI is limited to two times a year rezoning. Mr. Annunziato answered that a DRI can happen any time, but if he is not in the City, the City cannot issue a development order. Meetings Mr. Annunziato mentioned the Planning and Zoning Board meet- isg scheduled for Tuesday, May 9, 1989 at 7:30 P. M. and Said the mall will be brought up then and next Tuesday night, at the City Commission meeting on May 16th, 1989. On the i6th of May, the Commission will have its transmittal hear- ing on the Comprehensive Plan. Mayor Moore noted that the Commission would have another meeting on Thursday, May llth at 6:00 P. M. City Manager Cheney said they could have another meeting on Monday, May 15th, if they wanted it. Mr. Annunziato clarified that Qn the night of the 16th, the Commission will not be approving the plan. It is the plan they are going to for- Ward for the State's review. The Commission can still make ~hanges as a part of the adoption of the plan, and the State Will comment. A~ far as Commissioner Weiner could tell, they would only have Thursday, maybe Monday, and Tuesday nights to go ~hrough this. As they go through the issues that Mr. Annunziato pointed out, she wondered how long it would take. City Manager Cheney thought the Comalission should start ~aking the decisions on Thursday night or tonight. Mayor Moore inquired whether it was pinned down as to what the ~ity Staff said, the P&Z Board, and the public. The Commission wants something it can make decisions on. Mr. Annunziato suggested that the Members read the spiral ~otebook, which was broken up by Elements, and he explained Ghat it was an item by item compilation. The P&Z Board went through and voted on each one. There was discussion. -20- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Commissioner Weiner wondered whether there was a way the Planning Staff could tell the Commission where the P&Z Board unanimously agreed with the Planning Staff's recom- mendation. There was further discussion about what the P&Z Board did and what was recommended. Mayor Moore assumed the Commission would accept the City Staff's recommendations, but if there was a difference, they wanted to look at it. Commissioner Wische felt there was no doubt that the Commission was pressed for time. If the Commission does not agree with what the P&Z Board and the City Staff said, Commissioner Hester said the Commission can say what they think. Mr. Cannon said the original set of documents the Commission received contained staff recommendations. There were also comments throughout the list that had "(CS)", which meant it was a comment made by the City Staff. Mayor Moore wanted any differences highlighted. There was discussion about differences of opinion and whether there were very many. Mr. Annunziato felt the main issues were Woolbright Road, SHD, and the expanded mixed use land use category. Mayor Moore asked that a memorandum showing all of the differences be given to the Commissioners. If there was anything brand new that the Commission was upset with, City Manager Cheney suggested that they still have the right to do that. Mayor Moore stated that they would have to do that on their own. He thought it would make it a lot easier if they could resolve the issues that ~here was a difference on. Nonconforming Condominiums In the memorandum, Commissioner Weiner requested that the Planning Staff put the areas where the SHD is recommended because of problems people living there have in replacing anything. City Manager Cheney said they could identify the developments, such as Colonial Club and Sterling Village. Mayor Moore stressed that it would be cleared up. He ~anted those people protected. City Manager Cheney advised that the Plan does that. Comments b~ Public Mr. Cannon thought the Commission should read through all of · ~he comments because of a requirement in the Florida Statutes that they respond to the comments. He said the source of the comments have been identified, and those from the public -21- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 have a "(P)" behind them. Mayor Moore asked that they be isolated in a memorandum. Mr. Cannon promised to have that for the Commission by Thursday night. Discussion re Meeting on Monday, May 15, 1989 Mayor Moore did not think they would need a meeting on Monday night. He stated that they would decide on Thursday, May llth. A Development of Regional Impact Assessment Report - Boynton Beach Mall Substantial Deviation Treasure Coast Reqion__a~Plann~n~ Council (RPC) Commissioner Weiner called attention to this report and asked what it was. Because they were dealing with a sub- stantial deviation to a DRI and the Regional Planning Council (RPC) and County Commission were involved, together with residents of the unincorporated County, residents of the City, and a developer in the State of Florida who has $3,500,000,000 worth of real estate, Mr. Annunziato said a copy of the Planning Staff's recommendations was forwarded to the Mayor and City Commission at the same time it was forwarded to the P&Z Board. Tonight City Manager Cheney received this report and recommendations from RPC. Mayor Moore read in the minutes of the RPC that they recommended leaving the preserve area at 5.8 acres irregardless. Mr. Annunziato explained that was a condition of approval. Mr. Annunziato explained Chapter 380 and said there are certain developments which, by definition, impact more than one County. That makes them DRIs. For different kinds of developments ranging from airports to frontons, residential developments and boat slips, there are thresholds. The thresholds are numeric. When you are a DRI, you go through this process. When you amend a DRI, there is another set of thresholds which are in the Statute now. Mr. Annunziato said there are three substantial deviations (parking, square footage, and removal of open space) to an approved DRIo Mayor Moore asked whether Mr. Annunziato agreed to that. Mr. Annunziato replied that the City agreed to that. It was a statutory finding, and DeBartolo agreed to it. City Manager Cheney explained that the original DRI approved '~X" number of square feet and showed six department stores. -22- I ~ f'l r"T .......... MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 AS they leased and sold to the department stores, each department store became bigger than they originally antici- pated. Mayor Moore asked if they exceeded the original plan or agreement. City Manager Cheney answered that they have about 6,000 square feet left in Sears. The other department stores are too big. Mr. Annunziato continued that the process involves submission of an application for development approval to the local government, State Department of Community Affairs (DCA), and the RPC. The local government cannot set its public hearing until the RPC has a determination of sufficiency or until the applicant says it is not going to provide any additional information. The RPC went through three determinations of non-sufficiency. Each time they made a determination, it was a 45 day period. In February, the City was informed by the RPC that the application was insufficient after the third determination, but the applicant was not going to submit additional informa- tion. That allowed the City to set its public hearing no sooner than 60 days from the date of the notice from RPC. Two months and two weeks ago, Mr. Annunziato said the Planning Staff came before the City Commission and said May 16th would be the date for the public hearing and this review. Once they have sufficiency, the RPC has statutorily a number of days before it has to have its item on RPC's public meeting date. Within 50 days, this report has to go before the local government. On the 16th, the Commission will be looking at recommendations prepared by the City Staff which are not the same as the RPC's recommendations. Tomorrow night, the P&Z Board decides whether to approve or not approve it. Following that, the Commission will have to decide. If the Commission approves it, Mr. Annunziato advised they will have to issue a development order. By Ordinance, they will have to make findings of fact and inclusions of law. That will not become a final order until 30 days after its adoption, at which time it will go back to the RPC, and they can challenge the approval of the development order. If the RPC challenges it, it will have to go to Court. On the park area preservation, City Manager Cheney said the RPC requested that more area be preserved than their exist- ing standards call for. He thought that would make it diffi- cult for them to take the City to Court. Mr. Annunziato -23- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 pointed out that the Planning Department's report should clarify those issues, and he advised that the transit alternative appears to be viable. Mayor Moore determined that apparently, Sears was the one that was requiring so many parking spaces within so much proximity. Mr. Annunziato thought the City could do things in a development order in terms of timing. Mayor Moore thought they were talking about 650 parking spaces. If Sears says they need so many parking spaces or they will not come in, that takes it away from DeBartolo, the City, and everyone. City Manager Cheney stated that department stores are very demanding. Mr. Annunziato informed the Commission that the national standard and DeBartolo's standard is one space for 200 square feet of gross leasable area. When the City developed the development order for the mall as it is, City Manager Cheney recalled that a number of things went in there. For example~ the exception to Macy's height limit is in the development order. City Manager Cheney advised that there are a number of things the City can put in the development order because of the DRI. There was discussion about parking spaces, the transit alternative, and Sears. If they had the bus service, Commissioner Wische questioned whether it would work. Mr. Annunziato wished to take the issues one at a time. With regard to the environmental issues, he stated that the policy in the 1986 Comprehensive Plan is the same policy that is in the 1987 regional policy plan (you must set aside 25% of your native ecosystems). To Start with, it was 12 acres. 25% of 12 acres is 3 acres. The applicant has met, and the RCP's Staff has acknowledged that the applicant met their policy. Mayor Moore noted from the minutes that there were some hard feelings from people who voted on it. Mr. Annunziato replied that three people led the charge (Carol Roberts, Karen Marcus and Doak Campbell). The County Commission voted 5-0 to not allow DeBartolo to expand in the area north and west of the canal. Mr. Annunziato told the Commisssion the environmental issue is resolvable, based on the City supporting its policy and saying to the RPC that they should do the same, but there are two issues there. One is ecolological, and the other is buffer. The City can solve the ecological issue by mandating a management plan. The buffer issue can be solved by the City having DeBartolo put in a buffer. -24- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 AS far as Mr. Annunziato was concerned, transit was really the only issue. That was the $7,000,000 issue. Mr. Annunziato advised that it would depend on how the regu- lations are interpreted. The City's regulations require the City to support the County's traffic performance standard of LOS "D" in the peak season and peak hours. That means only three links were brought into significant impact: Congress Avenue from the mall south of Boynton Beach Boulevard, Old Boynton Road from Orange Grove west of Military Trail, and from Military Trail north of Old Boynton Road. All of those have a temporary aspect. Military Trail was supposed to be under construction. It is not, but it will be within a few months. Mr. Annunziato informed the Commission that Oriole Homes has the responsibility to build Congress Avenue from 22nd Avenue south with a date of June 1, 1990. It is under design now. City Manager Cheney interjected that it will take 18 months before Sears will open. Mr. Annunziato added that Old Boynton Road is in the County's 1991-1992 five year plan. He thought DeBartolo could probably pay for it now and get reimbursed. Mayor Moore asked if there was a possibility of taking satellite parking areas, ripping up pavement, and putting pine trees somewhere else. Mr. Annunziato did not think that was an issue. He thought the RPC would be hard pressed to do more than its policy. City Manager Cheney apprised the Commission that a commit- ment development is in the air for a three year transit experiment (money for three years) by DeBartolo. After expounding, he said he thought people would use the transit. There was discussion. Mr. Annunziato cautioned that the recommendations in the RPC's report were more restrictive. There were procedural things and other kinds of differences. City Manager Cheney said the Commission would get copies of the report. Mr. Annunziato asked that the Commission thoroughly read it, and he stated that the P&Z Board had not seen it. Special city Commission Meeting, Thursday, May 11, 1989 at 6:00 P.M. Prime Bank Plaza Mayor Moore again reminded the Members of this meeting and ~oped they would be ready to act on the Comprehensive Plan on Tuesday, May 16th. -25- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 8, 1989 Mr. Annunziato said the Planning Staff would have another addendum for the Commission on Thursday night, as well as the Capital Improvements Element. ADJOURNMENT The meeting properly adjourned at 8:~P. M. / Commis s Loner Commissioner Commissioner ATTEST: City Recording Secretary/-/ (Three Tapes) -26-