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Minutes 02-04-03MINUTES OF THE CTTY COMMISSION WORKSHOP HELD IN CONFERENCE ROOM C, WEST WTNG OF CXTY HALL, BOYNTON BEACH, FLORZDAf ON TUESDAYf FEBRUARY 4~ 2003 AT 5:00 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Mike Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Mayor Broening called the meeting to order at 5:00 p.m. :~. Xntroductions Lusia Galav, Principal Planner, introduced the consultants, .]ody Rivers and Russell Moore of the RMPK Group. 2. Project Overview Ms. Galav announced that they would be conducting workshops this month with the City Commission, the Planning & Development Board, and the Community Redevelopment Agency. They sent out a mailing to the neighborhood groups that are on Dan DeCarlo's neighborhood list announcing a workshop with the residents for next Wednesday. There will also be a workshop with contractors on Thursday. The purpose of these workshops is to obtain feedback from everyone to give to the consultants. Staff met with the consultants last month to address the issues that they had with the code. The consultants will be reviewing the Land Development Regulations in the Code of Ordinances and focusing on Chapter 2-Zoning, Chapters I and 1.5 dealing with administration and procedural portions of the code, and other ancillary chapters that deal with Planned Unit Development, site plan review, design review criteria, and the landscape code (only if required by other changes that are made in the other portions of the code). Engineering standards in the code are being done separately by the Engineering Department. The consultants will be looking very carefully at our processes and the code format. The format of all of the Land Development Regulations will be changed to make it more user friendly. Meeting Minutes City Commission Workshop Boynton Beach, Florida February 4, 2003 Commissioner McCray asked whether mailings were sent to homeowner association presidents only or to the residents only. Ms. Galav replied that they were sent to the homeowner association presidents and anyone else that was on Mr. DeCarlo's list. Ms. Galav gave a copy of the letter to Commissioner McCray. m Purpose of the Meeting - To determine the issues and concerns related to the existing zoning code as related to redevelopment, the development approval process and the organization of the code 3ody Rivers explained that there were many other municipalities in South Florida facing the same challenges as Boynton Beach because these communities are growing and the need for redevelopment is becoming more evident. Boynton Beach has some great opportunities for redevelopment but the existing Zoning Code can become a roadblock in some instances. They were hired to review the code and make it more redevelopment oriented and user friendly. Ms. Rivers distributed a copy of their schedule to everyone. There are four phases to the project: 1) 2) 3) 4) Inventory phase Analysis phase Code framework phase Writing the draft of the new Zoning Code She explained that they are in the inventory phase where they are reviewing a tremendous amount of data (e.g., the Comprehensive Plan, the 20/20 Redevelopment Master Plan, the Heart of Boynton Plan, zoning maps, codes from other municipalities, etc.). Ms. Rivers said that they met with staff and received their comments. After all of the workshops are held and all information is received, they will enter into the analysis phase where they will ascertain what Boynton Beach needs in its codes to make development and redevelopment work smoothly. That phase will happen in March and April. In May, they will go to the code framework phase, how the code is actually put together. Currently, processes for getting plans approved are scattered throughout the code. They will put all processes together in one chapter. They will also review the index section to make it complete and accurate. Ms. Rivers said that they would be asking for the Commission's input again during this phase. 2 Meeting Minutes City Commission Workshop Bovnton Beach, Florida February 4, 200~ During the summer, they will prepare the draft of the Zoning Code and bring it to staff for their input and approval. It will then go to the Commission for approval and, hopefully, the code will be codified during the winter. Ms. Rivers said there are three main issues that they want to focus on: 1) 2) 3) Framework of the code - the structural make up Substantive issues - how to develop the code to help redevelopment meet its goals Commercial and residential PUDs - to make sure they fit what Boynton Beach will need for future development Commissioner McCray inquired what other cities they have assisted. Ms. Rivers was with West Palm Beach many years ago when they did the Northwood Master Plan and the Downtown Redevelopment Plan. Russell Moore said they worked with IVlargate and are currently working with Coconut Creek. They also worked with Stuart four years ago and with Lake Worth. Mr. Russell said that they have a collection of different codes from around the country. When the Department of Community Affairs did the Comprehensive Planning ACt in 1988, they hired attorneys to put together the Model Development Code. They will look at the framework of that code to get the organizational structure. 4. Xdentification of Xssues and Concerns a. What are the issues and concerns with the current code? bm Are there limitations and constraints that create hurdles to the development approval process? Cm What are the issues and concerns regarding the Code structure/format? d. Xs the code effective in realizing the City's goals? e. Any other issues or suggestions? Mayor Broening said that Code Compliance items only come to the Commission by exception but all Planning & Development items come to the City Commission. He did not know if that is good or not. Mike Rumpf said that in the past, staff discussed 3 Meeting Minutes City Commission Workshop Boynton Beachr Florida February 4~ 200-~ whether they and the Planning & Development Board could be given more responsibility in reviewing site plans. Mayor Broening felt that the Comprehensive Plan contained contradictions (e.g., to preserve the ways things are now and yet fight against westward sprawl). Commissioner Weiland's concern was what type of product was the City getting when industrial properties are rezoned to residential. Mr. Moore explained that when the codes were developed years ago, they were developed for raw land in a typical suburban pattern that was popular around the country. Now, a lot of the area is built out and lifestyles and development patterns have changed. The codes and zones do not fit the current development patterns. Now it is time to come up with zones and development processes so that it is a predictable system and everyone understands it. If the code was changed, there could be more staff decisions. Vice Mayor Ferguson felt there was too much time spent on public hearings. In response to a comment that developers did not think Boynton Beach was user- friendly, City Attorney Cherof clarified that the criticism from developers is not with the content of the regulations, but with the process. City Manager Bressner felt that the following questions could be addressed during the review of the code: l) 2) 3) If it is a policy of the Commission to support mixed-use developments, is there some language that could be added to the code that would facilitate mixed-use developments, especially in the eastern portion of the City? Does the Landscape Code need to be enhanced and better integrated with land use decisions? Mr. Russell stated that different landscape requirements are needed to fit urban zones. Is there a need to develop land use regulations that support adaptive re-use of properties or structures when it makes sense to do so? Mr. Rumpf said that the challenge that he has faced is with older properties, for example properties along Ocean Avenue, where there are existing restrictions that prevent them from being used. Mr. Russell felt that adaptive use should be encouraged. The problem you have is that they tend to be spot properties. It works very well within districts but should not go piece by piece or by spotting. Another thing to look at is the economic impact. When Stuart zoned a lot of their good 4 Meeting Minutes City Commission Workshop Bovnton Beach, Florida February 4, 2003 4) 5) downtown/in town properties to office, many residents left the area and that had an effect on the local restaurants that then left the downtown area. Regarding administrative review and processing of variances - does it make sense to expand those areas so that staff would have the authority to administratively grant variances? This would be with the understanding that the Commission would be notified and notice would be given to the adjoining property owners. However, this would be an abbreviated process. Ms. Galav commented that in other cities the Planning & Development Board has the final approval in some areas, for example site plans, and the Commission has a certain amount of time to "call it up" if they are not happy with the decision. There may be some zoning classifications in the City that the Commission wants to preserve. Can a zoning classification have some type of protective status so that if someone wants to change the zoning, it would require special proof or special documentation over and above the normal standards to convert it? Commissioner Weiland questioned whether the Commission, alter it had approved a rezoning, could legally turn down the project at the time of site plan if they did not like the site plan. Mayor Broening believed that they could place conditions at time of site plan that were within the existing code and the Building Code. Mr. IVloore commented that in the City of Sarasota, rezoning is conditioned upon a site plan. City Manager Bressner's final question was: Can we do anything that would preserve the rights of existing nonconforming properties? 5. Summary City Attorney Cherof observed that in spite of the shortcomings that everyone agrees are in our code, Boynton Beach has the lowest incident of land development litigation in Palm Beach County. There was a question from a member of the audience regarding when this workshop was posted. City Clerk Prainito answered that the notices were posted on the bulletin boards out front immediately after this meeting was scheduled. Meeting Minutes City Commission Workshop Boynton Beach~ Florida February 4, 2003 There being no further business, the meeting properly adjourned at 6:05 p.m. Deputy City Clerk Commissioner (two tapes) 6