Minutes 09-23-08
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD ON TUESDAY, SEPTEMBER 23, 2008, AT 6:30 P.M.
IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Matthew Barnes
Sharon Grcevic
Candace Killian
Jeff Lis
Steve Myott
Amber Barritt, Alternate
William Poznak, Alternate
Jamila Alexander, Assistant City Attorney
ABSENT:
Shirley Jaskiewicz, Chair
Roger Saberson, Vice Chair
Attorney Alexander called the meeting to order at 6:30 p.m. She advised it would be
necessary for the Board to elect a Chair Pro Tem, as neither the Chair nor Vice Chair
were present.
Motion
Mr. Myott moved to elect Mr. Barnes as Chair Pro Tem. Ms. Grcevic seconded the
motion that passed unanimously.
1. Pledge of Allegiance.
The members recited the Pledge of Allegiance to the Flag, led by Mr. Myott.
2. Introduction of the Board.
Chair Pro Tem Barnes introduced the members of the Board and requested the
alternates join the members at the dais.
3. Agenda Approval.
Motion
Mr. Poznak move to approve the agenda as presented. Ms. Barritt seconded the motion
that passed unanimously.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida September 23, 2008
4. Approval of Minutes.
Motion
Mr. Poznak moved to approve the minutes as presented. Ms. Barritt seconded the
motion that passed unanimously.
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the August 26, 2008 Planning and Development
Board meeting agenda items.
Ed Breese, Principle Planner, reviewed the disposition of items previously heard by the
Board and reported the following items were approved at the September 18, 2008 City
Commission meeting:
?Aspen Glen site plan time extension
?Goldsmith Dental Lab conditional use
?The Board’s recommendation relating to the LDR Rewrite on Flood Prevention
6. Old Business
None
7. New Business
A. Land Development Regulation - Rewrite
Group 6
Code Review
1. PROJECT: Land Development Regulation – Rewrite
Group 6
AGENT: City-initiated
DESCRIPTION: A portion of Group 6 deliverable, pursuant to
the LDR Rewrite Work Schedule, which
includes Article IV., newly drafted Property
Maintenance Requirements, to be codified
within existing Chapter 10, Part II of the Code
of Ordinances.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida September 23, 2008
This proposed section will ultimately
replace a portion of Chapter 20 (Building,
Housing & Construction General), of Part III
of the Land Development Regulations.
Eric Johnson, Planner, noted staff would be presenting only the Property Maintenance
Requirements portion of Group 6. Sign Standards and Building, Construction and
Historic Preservation would be brought before the Board in an upcoming deliverable.
Much of Chapter 20 of the Land Development Regulations dealing with Property
Maintenance Requirements would be eliminated, as they had been superseded by
recent updates to the Florida Building Code. The revisions were intended to place
greater emphasis on non-residential and vacant properties, and increase the acceptable
quality standards of all existing lighting, ventilation, plumbing, mechanical and electrical
improvements. Staff reviewed the components of the proposed Property Maintenance
Requirements, and believed they should be included in Part II of the City Code of
Ordinances rather than Part III of the Land Development Regulations.
The Property Maintenance Requirements were based on the 2006 International
Property Maintenance Code (IPMC), published by the International Code Council (ICC).
Other cities in the area utilizing at least a portion of the Code included Boca Raton and
Wellington. Lake Worth anticipated adopting similar Code amendments in the near
future.
The staff report contained a summary of the revisions to Chapter 20. The remaining
portions of Chapter 20, Workforce Housing, Historic Preservation and State Housing
Initiative Program (SHIP) would be reviewed as part of a future deliverable and
incorporated within separate articles in the proposed Land Development Regulations.
Staff recommended conceptual approval of the Property Maintenance Requirements
portion of Group 6.
Chair Pro Tem Barnes invited public comment. No one came forward
Inquiries made by Board members are set forth below, together with responses.
?Was the issue of demolition addressed elsewhere in the Code?
Scott Blasie, Code Compliance Administrator, replied the issue was addressed in the
Florida Building Code, and the City was actively demolishing properties in accordance
therewith. Any appeal to a demolition would be brought before the Building Board of
Appeals.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida September 23, 2008
?Were developers required to fence in or beautify approved projects which
remained dormant after the land had been cleared? If so, was a process
codified?
Mr. Blasie advised the process had not been codified. Mr. Breese noted developers
often fenced in sites to guard against liability. Additionally, when the land was cleared
and the potential for blowing sand existed, the City required a sand fence be installed.
Developers appearing before the City Commission requesting site plan time extensions
were usually required to beautify the site.
?Did Mr. Blasie believe there were situations unique to Boynton Beach in terms of
appearance, Code Enforcement or absentee ownership?
Mr. Blasie did not believe so. In terms of foreclosures, the City had a process in place
to board up houses, mow lawns, discard trash and demolish buildings. In order to
continue the process and abate nuisances, $40,000 had been provided in next year’s
budget.
?With regard to inconsistencies on approved projects, was there a way to require
uniformity? Could landowners be held responsible for the appearance of their
property, especially those on a Federal corridor within the community?
Mr. Blasie replied there were no uniform Code requirements. The Code required
properties be mowed. Improvements had been made in response to initiatives
implemented by Vice Mayor Rodriguez to enhance Federal Highway. Several Code
Officers had been assigned to geographic zones which included Federal Highway, and
one Code Officer was assigned specifically to Federal Highway.
?Can anything be done with older properties along Federal Highway, in particular
the “Denny’s” site?
Mr. Blasie noted Code Compliance had been attempting to have mechanical equipment
removed from the roof and was currently working with the owner to maintain the
property. It was noted the Homing Inn recently underwent a site renovation in order to
comply with the Federal Highway initiatives. In addition to the International Code
Council’s Property Maintenance Code, the City maintained a Community Appearance
Code in Part II of the City Code of Ordinances. Owners of residential rental properties
in the City were required to obtain business tax receipts, and the properties were
subject to inspection by Code Compliance.
?It was suggested an inspection be required for any property bought, sold or
rented in the City, and an inspection fee be imposed. This would ensure a safe
environment while providing additional revenue to the City. Title companies in
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
September 23, 2008
municipalities following this practice were aware they could not close on a
property without a Certificate of Occupancy issued by a city.
Warren Timm, 130 NE 26th Avenue, believed the City should require Certificates of
Occupancy upon any change in ownership.
Mr. Blasie would explore the suggestions offered and would contact other municipalities
as well.
Motion
Mr. Poznak moved to approve. Mr. Myott seconded the motion that passed
unanimously.
8. Other
None
9. Comments by members
None
10. Adjournment
There being no further business to discuss, the meeting properly adjourned at 7:05p.m.
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Stephanie D. Kahn
Recording Secretary
092408
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