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Minutes 11-07-94 MINUTES OF THE CITY CONMISSION WORKSHOP HELD IN COMMISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON NONDAY, NOVEMBER 7, 1994, AT 6:00 P.M. PRESENT Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager Sue Kruse, City Clerk CALL TO ORDER Vice Mayor Matson called the workshop meeting to order at 6:15 p.m. ~EVIEW OF' PROPOSED RESIDENTIAL APPEARANCE CODE Tambri Heyden, Planning and Zoning Director, advised that these three remaining Ordinances are the last of the six Ordinances prepared by Mr. Rubin as part of the implementation of the Comprehensive Plan. In Commissioner Aguila's opinion, because of the way this Code is written, it adversely affects the "little guy". He feels the place to deal with swale pro- tection is in the Stormwater Utility Ordinance. He feels this Ordinance should be deleted. In Vice Mayor Matson's opinion, this Ordinance protects property owners who are not part of a homeowners' association. It helps protect and enhance their property values. She recommends deleting the word "morals" from Page 2 of 7, Paragraph A. She does not feel the City should attempt to regulate morals. Mayor Pro Tem Bradley feels the City must be tough when dealing with the issues of litter and cars in front yards. He suggested, however, that there be some latitude in the law. Vice Mayor Matson said the City cannot be tough on some, and let others off easy. She referred to the areas east and west off Seacrest Boulevard, where you will find one nice house in the middle of a group of eyesores. She is concerned because that owner has practically no property value due to his neigh- bors' neglect of their property, The City must decide whether or not it wants to continue with haphazard code enforcement. While she understands that people who cannot afford to put food on the table will not be concerned with sodding their lawns, there is no excuse for property owners not picking up. Mayor Pro Tem Bradley agreed and feels the City must be strict and make sure enforcement is carried out in this regard. Commissioner Katz said there are similar problems throughout the City. He feels it is necessary to find a middle ground. Although you cannot force people to landscape their 'property if it means the difference between a lawn and food, they'should be forced to pick up and/or move cars. Page 2 of 7 - Item A, Purpose Remove the word "morals" from this paragraph. - 1 - MINUTES - CITY COI~I$SION WORKSHOP HEETIHG BOYNTON BEACH, FLORIDA NOVEMBER 7, 1994 Page 2 of 7 - Paragraph 2._~ Add the words, "ma.Jot and minor" before the word appliances, or define the word "appl lances". Page 2 of 7 - Paragraph 2e Commissioner Aguila inquired as to the reason why the lawn height was changed from six inches to ten inches, Scott Blasie, Code Enforcement Administrator, said his Division is opposed to an inch limit altogether since the Code Enforcement Board ultimately deals with these cases. The Code Enforcement process works well. They review pictures and make a determination. The City has never lost a case on overgrown weeds or grass. Following discussion regarding whether or not to change this paragraph to make is less specific, a decision was made to leave it as written. Page,3 of 7 - Paragraph 3 Vice Mayor Matson said this makes no sense to her the way it is written. Ms. Heyden said.she did not reword this because she wanted the Commissioners to see what was removed. Staff and Code Enforcement feel Paragraphs a and b should be deleted. If the Commission feels the same, the remainder can be reworded. Vice Mayor Matson and Commissioner Aguila feel roofing and painting need to be addressed. Mr. Blasie said it is difficult to deal with the 25% or more re- quirement. Vice Mayor Matson does not feel it is necessary to have the parame- ters of a percentage of a roof. If the roof looks bad and is missing tiles or shingles, it needs repair or replacement. The same should apply with regard to painting. In her opinion, the percentage figure is ridiculous. Commissioner Aguila feels Items a and b must be left in this Code so that people will know the requirements. There was a consensus of the Commission to leave in Paragraphs a, b and c, but the percentages should be deleted. Page 3 of 7 - Paragraph C-I,1 Commissioner Aguila said the way this is written, the owners or occupants of real property cannot have trees, branches or anything protruding into the right- of-way or sidewalk at a height of less than 10'. Further, the roots of trees may not break the street or sidewalk. However, this paragraph continues on to say that we will allow this if the Utilities and Development Departments allow it. Commissioner Aguila realizes that is not the intent of this~paragraph. What this paragraph is allowing is planting in the swale if Utilities and Development have no problem with it. In Commissioner Aguila's opinion, the City should not allow planting in the swales because the City is able to put utilities in these areas since they are in the right-of-way. The purpose of the swale is to provide drainage. -2- HINUTES - CITY CONNISSION WORKSHOP HEETING BOYNTON BEACH, FLORIDA NOVENBER 7, 1994 Commissioner Katz advised that residents of South Lake Drive have planted a row of beautiful Royal Palms in the east swale. There is no reason why the City should incorporate anything into an Ordinance which would force those people to remove the trees. In other areas, people have paved over the swale. He does not feel planting a tree in the swale will affect drainage. Commissioner Aguila pointed out that the trees in the swale do not affect the drainage, they affect the utilities underground. Trees in the swale are only a problem when they destroy the utilities underground, and the City must pay for the repairs. Vice Mayor Matson recommended including something in the Ordinance whereby if the utilities are disturbed by the plantings, then the resident is responsible for the cost of the City's expenses for repairs. Vice Mayor Matson explained that Boynton Lakes Boulevard is a dedicated City street in the middle of a community with private streets. There is a six foot swale on each side of the Boulevard. The homeowners have brought forth a pro- posal several times to plant Royal Palms on each side of this Boulevard. The previous City Manager gave approval. The reason for this request to plant trees is because there is no curbing and cars drive over them, costing the homeowners hundreds of dollars a month to repair the irrigation system. Commissioner Aguila has no objection to planting trees if there are no utilities under those swales. However, if there are utilities underground, then not even one shrub should be planted in that area. Mayor Pro Tem Bradley is certain that the swale is affected by any kind of planting since it affects the elevation and slope of that area which could affect the ability of that swale to percolate water. Ms. Heyden asked for clarification on medians within rights-of-way. Commis- sioner Aguila again stated that he would not object as long as there are no utilities underground. Commissioner Katz pointed out that the Quail Run project was recently given approval in just such an instance. However, City Manager Parker pointed out that the City allowed only trees with a very shallow root system. Commissioner Katz recommended possibly allowing trees to be planted after a review by the Urban Forester. He explained that in the older areas of the City, the streets will not be widened; therefore, he cannot see a reason why planting something without deep roots should not be allowed. Vice Mayor Matson recommended removing the word "occupant" from the entire Ordinance since the occupants may not necessarily be legally responsible for the property. Commissioner Aguila agreed with this recommendation. In response to Ms. Heyden's question regarding whether or not there was a con- sensus of the Commission with regard to allowing landscaping within swales and rights-of-way, Mayor Pro Tem Bradley responded negatively. Commissioner Aguila feels it should not be allowed. -3- HINUTE$ - CITY C01,114I$$ION WORKSHOP HEETING BOYNTON BEACH, FLORIDA NOVEHBER 7, 1994 P~ge 4 of 7 - P~ragr~ph ~ Commissioner Aguila questioned why this entire paragraph was struck through. He thought that it might have been dealt with in the Stormwater Utility Ordinance. Ms. Heyden did not know. City Manager Parker stated that there was no intention to make parking in swales a violation, but there was concern about parking in front yards. She requested direction from the Commission. Commissioner Aguila feels allowing parking in the swales is a mistake because it will destroy the grass, leaving a mudhole. Commissioner Katz pointed out that many residents of the City have more cars than the number of parking spaces. He questioned where these people will park. Commissioner Aguila said the purpose of the swale is to drain water. That can- not happen if the swale is destroyed. Ms. Heyden said line #2 of Item #2 on Page 4 was added so that the City is not outright prohibiting parking in swales, but if done repetitively so as to destroy the function of the swale, then Code Enforcement can cite it. Vice Mayor Matson has a greater concern with people who have paved over the swales or put in shellrock. Commissioner Aguila said the Stormwater Utility Ordinance should address these problems. It is important to deal with what can and cannot be done, along with the enforcement issue because as soon as one property has an ineffective swale, the first bottleneck is created and the water will not percolate. He does not feel anything should be included in the Ordinance which will allow people to continue to park on the swales. Vice Mayor Matson and Mayor Pro Tem Bradley agreed. Mayor Pro Tem Bradley feels the residents of the City need to be educated to the importance of the function of a swale. He wondered whether or not there was a way to allow parking, but not in a repetitive manner which will affect the slope of the swale. City Manager Parker asked for direction with regard to parking in the front yards. There is no provision in the Code currently. There was a consensus of the Commission for a prohibition of parking in swales and parking in front yards. Page 5 of 7 - Paragraph Commissioner Aguila said he understands the intent of this paragraph; however, it can be interpreted to mean that as soon as something is put out on the road which is not on this list, that person is in violation. City Sanitation may not pick up that item for three or four days, and the resident would be in violation of the law until the item is picked up. He recommended that this be dealt with. -4- NINUTES - CITY CONNISSION WORKSHOP NEETING BOYNTON BEACH, FLORIDA NOVENBER 7, 1994 City Manager Parker referred to Item III-3. She said the City has a program whereby it maintains certain waterways which are privately'owned. She asked Ms. Heyden to check with Mr. Frederick for specific details. She said this is cur- rently in conflict because the City is maintaining private property on occasion. Pages 5 & 6 of 7 ~ Item II-A Commissioner Aguila questioned whether or not the period of ten days is suf- ficient for residents to handle a situation in order to cure a violation. He recommended allowing thirty days. City Manager Parker suggested deleting this section entirely since staff works with the residents. This should be covered under our current Code Enforcement section in the Ordinance. City Manager Parker further stated that the fees associated with offenses are covered by the Code Enforcement Ordinance and she recommended this be deleted. ' Ms. Heyden confirmed with City Manager Parker that the Commission desires the deletion of Sections 5-113.2, 5-113.3, 5-113.4 and 5-113.5. She was instructed to leave in Item B on Page 6. REVIEW OF PROPOSED DENSITY BONUS ORDINANCE Ms. Heyden distributed a handout applicable to this Ordinance and the next one to be reviewed. She explained that the parcels designated as "A", "B" and "C" have quality ecosystems, and preservation of 25%. The areas marked "D" are already developed. Page 2 of 8 - Affordable Hou$tng Commissioner Aguila inquired as to whether or not the percentage is a variable number. City Manager Parker explained that this figure is based on the income of the occupants and a mean number defined for the area. She referred to the definitions of "Household, low income" and "Household, moderate income',. City Manager Parker advised that the occupants are asked about their incomes. Page g o__f _8 - Item ~-1 Ms. Heyden advised that the stricken language will be put back into this Ordinance. Page 3 of 8 - Item b Commissioner Aguila requested that the language be changed to read as follows, "The development or redevelopment is in conformity with the Boynton Beach Comprehensive Plan and ~ther Land Development Regulations". Page 3 of 8 - Item c Commissioner Aguila requested that the next to last sentence be changed to read as follows, "The Developer shall submit, to the ~, annual reports and addi- tional documentation and reports as required by the City to verify "on-going" compliance with this ordinance." Ms. Heyden advised that the last sentence of this paragraph will be removed. -5- HINUTE$ - CITY COHHIS$ION WORKSHOP HEETING BOYNTON BEACH, FLORIDA NOVEHBER 7, 1994 Page 3 of 8 - Item Commissioner Aguila feels this is too hard-nosed. He would prefer that it read, "parcels of at least one acre are desirable". In the future, something smaller than one acre might be worth saving and we may want to offer credit for it. This paragraph, as written, will not allow flexibility to try to save something worth saving. Commissioner Katz pointed out that the smallest parcel on the list is 2.9 acres. However, Commissioner Aguila said that as we continue annexing west, we may have something worth saving. Ms. Heyden will discuss this with Kevin Hatlahan. City Manager Parker explained that the City does not want to give credit or bonuses for small parcels which will not be environmentally significant or which will not support a habitat of a species. Commissioner Aguila stated that if this will "open up a can of worms", then perhaps it should be left as is. Commissioner Katz said he had asked for a listing of the sizes of the environ- mentally-sensitive parcels, plus the size of the parcel of land which that en- vironmentally-sensitive parcel sat on. That information was not provided. City Manager Parker said some of the parcels listed have cross-owners. Staff measured the environmentally-sensitive area; not necessarily the environmentally sensitive area under one owner. Commissioner Katz requested that this information be provided. Page 3 of 8 - Item Delete the words, "Planning and Development Department" and replace them with "City". ' REVIEW OF PROPOSED NATURAL RESOURCES CONSERVATION AND PRESERVATION REGULATIONS Page 6 of 24 - Item 2 Commissioner Aguila questioned how the determination was made requiring 50'. Ms. Heyden advised that the City hired someone with a specialization in this area to write this for us. Commissioner Aguila feels 50' is too exorbitant since the Shoreline Protection Zone does not need more than 20' to 30'. He recommends changing this requirement to 30'. A decision was made to check this since the Shoreline Protection Zone may be a state-wide Statute definition. If this is an arbitrary figure, it will be reduced to 30'. Page 6 of 24 - Item C Commissioner Aguila recommended changing the last sentence of this paragraph to read as follows, "The Department shall evaluate the request and provide a detailed response as to its determination in a timely fashion to the developer." -6- #ZNUTE$ - CXTY CONNZ$$ZON WORKSHOP NEET~NG BOYNTON BEACH, FLOR;DA NOVENBER 7, Z994 Ms. Heyden confirmed that Commissioner Aguila is looking for a determination with justification within a reasonable amount of time. Page ~of2_4: Item~2-c Commissioner Aguila referred to this stricken paragraph, and requested that it be reviewed since he feels cleared walking trails with no structural components would have an adverse effect on Wetland and Natural Upland Protection Zones. Page 6 of 24 - Item B~2-d Commissioner Aguila recommended expanding this requirement from 4' to 5' because the ADA is requiring a minimum walkway width. The requirement for 5' will allow compliance with all of the current regulations. He further pointed out that this limits our ability to do what is being done at Mangrove Park. He is not certain we should tie ourselves to this requirement. City Manager Parker questioned what will happen if there is activity which is not listed on one of the lists. If it is assumed that there is a significant adverse impact on the environmentally-sensitive zones, what will happen? Ms. Heyden responded that such activity would not be permitted. City Manager Parker said that would result in the elimination of our Mangrove Park. Ms. Heyden will review this again. Page 6 of 24 - Item B-2-e Commissioner Aguila recommended deleting hunting and creation and maintenance of temporary blinds, since hunting is not permitted within the City limits. Page z_o o__~.~ 24 - Item A Commissioner Aguila questioned how the figure of 300' was determined. Ms. Heyden could not respond, but offered to investigate to find out the importance of this number. She will also compare it with the City's environmental numbers. She pointed out that back in 1989 or 1990, we did not have an Ordinance, but the County did. We quickly put an Ordinance together so that we would have the ability to regulate environmentally-sensitive lands ourselves. What is current- ly being reviewed will replace that Ordinance. Ms. Heyden feels much of this might have been patterned after the County's Ordinance. Page 11 of 24 - Item 1, Commissioner Aguila recommends changing this paragraph to read either, "...City's Landscape Code and/or Treasure Coast Regional Planning Council policies", or the more stringent of the two. Vice Mayor Matson and Commissioner Katz recommend that it be the more stringent of the two. Ms. Heyden will modify this paragraph. -7- HINUTE$ - CITY CONHIS$ION WORKSHOP HEETING BOYHTON BEACH, FLORIDA NOVENBER 7, 1994 Page 11 o_~f 24 -,!,tern m_~, Commissioner Aguila inquired as to the length of time of the bond. City Manager Parker advised that it is bonded until the development project is completed. Ms. Heyden said that since there is no warranty required, the bond would be released as soon as the construction was completed. City Manager Parker said this adds the landscaping to the list of infrastructure which we currently bond at the beginning of development. Currently, landscaping is not part of that bonded list. When the surety bond comes up for release, it would be similar to the roads being constructed and inspected, and the water lines constructed and inspected. Commissioner Aguila pointed out that some of the landscape materials may not take. If the bond is released at the time of CO, or substantial completion, and the landscape material is dead within thirty days, there is no recourse. City Manager Parker advised that the City would not be releasing this parcel by par- cel. We usually do this on 50% completion 80% completion and then 100% completion. ' , There was a consensus not to add a warranty period. Page 11 of 24 - Item D-2 Commissioner Katz questioned how the figure of 75% was determined. He wondered whether that figure should be lowered to allow for more pervious area. Commissioner Aguila advised that zoning covers this. Certain zoning areas allow a certain amount of impervious area. Commissioner Katz asked if this number could be backed down to 60% or 65%. Commissioner Aguila does not believe this is a number which can be arbitrarily changed. He feels the 75% figure appears to be right. City Manager Parker advised that this section is only applicable adjacent to Shoreline Protection Zones. She is concerned about this with regard to the marina. That marina would be adjacent to the Shoreline Protection Zone. The majority of that property will be covered in a pervious surface because the drainage will be underground or off-site and the landscaping will not necessarily be green strips. It is going to be planter boxes or urbanized land- scaping. This will zone out the marina project. Ms. Heyden advised that the maximum lot coverage in the CBD is 75%. Commissioner Aguila feels that this is the reason why Treasure Coast has been working on the overlay zoning for us. Commissioner Katz recommends increasing the minimun percentage in Item D-3 to 50%. Again, Commissioner Aguila was not sure this is a figure which can be arbitrarily changed. Ms. Heyden said the 25% figure is consistent with the Regional Comprehensive Plan. Commissioner Aguila feels this entire section needs more review. -8- HINUTE$ - CITY COHHISSION WORKSHOP NEETING BOYNTOH BEACH, FLORIDA NOVENBER 7, 1994 Vice Mayor Matson said she is not comfortable about making decisions on things that will affect the Shoreline Protection Zones without more information. City Manager Parker offered to review this section again. The next meeting is supposed to deal with Treasure Coast. Commissioner Aguila recommended putting this off a little longer. Commissioner Aguila tabled this for further discussion at the next meeting or in the future. In response to Ms. Heyden's question, Commissioner Aguila said he does not mind waiting on this until Treasure Coast is ready. The next workshop meeting will be held on December §th, at 6:30 p.m. City Manager Parker requested a workshop meeting to discuss the report from Clipper Cove. There was a consensus of the Commission to set the workshop meeting for Monday, November 14th, at 6:30 p.m. ADOOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 7:40 p.m. THE CITY OF BOYNTON BEACH Mayor ATTEST: Vice Mayor i _ _ comm~issioTem ne~ /XRgXcordi ng Secretary ~-~Two Tapes) -9- Commissioner