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Minutes 01-25-11 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JANUARY 25,2011, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Matthew Barnes, Vice Chair Leah Foertsch Sharon Grcevic Candace Killian Warren Timm Ed Breese, Principal Planner Jamila Alexander, Assistant City Attorney Chair Saberson called the meeting to order at 6:30 P.M. 1. Pledge of Allegiance Mr. Timm led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Ms. Killian moved to approve the agenda. Mr. Timm seconded the motion that unanimously passed. 4. Approval of Minutes from December 28, 2010 meeting Motion Ms. Grcevic moved to approve the minutes as presented. Ms. Killian seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Planning and Zoning Director Ed Breese, Principal Planner, reported on the outcome of the items reviewed by the City Commission subsequent to the Board's review: 1 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 ~ The easement abandonment at the Peninsula project was approved. ~ The Dry Cleaner at Boynton Village and Town Center was tabled due to the applicant not being present for the hearing. Chair Saberson inquired about the Slomin Family Center. Mr. Breese reported that item was approved. 6. Old Business None 7. New Business: Attorney Alexander administered the oath to all who would be testifying. A.1.Allev Abandonment Between Ocean Ave. and SW 1st Ave. CABAN 11- 002} - Approve abandonment of 18.2-foot wide alley (ABAN 11-002) located between Ocean Avenue and SW 151 Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. Kathleen Zeitler, Planner, located the site. The alley is an 18.2 foot-wide strip of land located to the rear of 22 residential lots on the south side of lots fronting on W. Ocean Avenue and north of lots fronting on SW 1 st Avenue. She presented the request as contained in the staff report. The plat, which is old, reflects the area to be abandoned is to the rear of lots and blocks 11 and 12 of the plat of Boynton Heights. A 50-foot segment was abandoned in 1999. If abandoned, the alley would be equally divided between property owners and added to each adjacent property owner's lot. The request is a city- initiated abandonment, led by City Engineer, David Kelley. Staff analyzed the abandonment and supports it because they cannot identify any public purpose for the alley right-of-way. Continued City ownership results in continued responsibility and liability for the property. No objections were received from the utility companies provided a utility easement is dedicated. Ingress and egress easements, equal in width to the existing alley, is proposed from SW 2nd Street to an existing residence located to the rear of 222 W. Ocean Avenue Staff recommended approval from the Engineering Department with one condition: that being the alley abandonment is contingent upon retaining the full width for a utility easement for all land area abandonment and as an ingress/egress easement only from SW 2nd Street to an existing residence to the rear of 222 W. Ocean Avenue. David Kelley, City Engineer, explained the Department of Public Works is in the process of eliminating all existing alleys in the town. There are 47 more to go. All of the alleys were created between 1920 to 1940 in the original Heart of Boynton. central area, to be used for 2 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 commercial deliveries and servicing. Most were never improved or built. The subject property has three franchises in it plus City water, which is the reason for turning them over as utility easements. The Department of Public Works cannot service, maintain, support or build them. They are being eliminated so the franchises that service the area can gain access. This is the first request. The alley ways contain mostly grass, weeds, and items that were abandoned. Most alleys are inaccessible because the City cannot maintain them. If converted to utility easements, the franchises can maintain and service their respective utilities. The land will convert to the adjacent property owners. Some individuals requested abandonments in the past in other applications. Doing so, would allow the property owner to build. Since the land is also coming off the public tax roles, it will be added to private tax roles. Vice Chair Barnes inquired about fences. Mr. Kelley responded some property owners assumed they owned the alley and installed fences back to the alleyway midline. Others had fences that stopped at their property line. Chair Saberson opened the floor to public comments Jerry Beatrice, 225 SW 1 st Avenue, inquired about the ingress and egress. He was concerned about a cottage that was being rented on the lot owned by his neighbor to the side of him. There was also a house situated on the lot along with the cottage. The renter would come from 2nd Avenue to the alley and go to the back of the property to access the cottage. He asked if the main access to the cottage was on the nine feet of the property that would be his and his concern was about the liability and maintenance and if they were responsible to maintain it for someone else to use. The alley shellrock ended and then was unimproved. Vice Chair Barnes explained the easement will be recorded showing he has the right to use the alley. Mr. Beatrice did not see why they should maintain something for another persons use and from an insurance perspective, he inquired if they were liable. It was explained Mr. Beatrice could deed his 9 feet to the adjacent property owner and not assume any liability. Attorney Alexander explained, generally, if there is some type of issue that arises with the property, as the property owner, he would be liable for the property. Technically, a property owner cannot be sued by a neighbor for not maintaining the property just because it is overgrown. That would not be a cause of action by a neighbor. It would vary based on the specific facts of the case. She commented she has never seen where a neighbor could sue for not cutting the grass although it could be a violation and as the property owner, he would be responsible to address it. If Mr. Beatrice did not want to be responsible, he may want to deed the property over to the other property owner. He inquired if he could stop its use as an egress/ingress easement. Attorney Alexander explained if the alley was the only way to access the property, once the easement is recorded, there would be no way to stop the neighbor from using the property. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 Vice Chair Barnes commented if there are existing fences and walls on the property was in direct conflict with the ingress/egress portion of the alleyway. It was noted the issue only pertained to a portion of the alley. Cindy Vandeventer, 115 S. Seacrest, was sworn in and she stated she owns property across from the Library. She testified she owns the alley and it was deeded to her property. The alley goes through her property and is fenced in. She did not know if she was exempt. Mr. Kelley responded if she had a deed that someone sold them the alley, then it was between her and the former owner. Ms. Vandeventer commented she owns the two lots. Her property abuts the alleyway and it continues through the property. There was a fence on the backside. Mr. Kelley explained nothing will change for her. The City is going to release and abandon the dedication of the alley as an alley, which typically results in half the property going to the property owners abutting the north and south side of it. The abandonment of this alley is subject to the easement for the benefit of the utility companies who use it as a utility crossing. The three utility companies are FPL, Comcast and Water Department. Vice Chair Barnes explained the action only abandons the alley and records it in the public records. It does not deed the property to her. Chair Saberson closed the Public Hearing. Chair Saberson commented on Mr. Beatrice's issue and suggested he take it up at the City Commission level and see if it could be more satisfactorily resolved and lor talk to the neighbor. Motion Vice Chair Barnes moved to approve the alleyway abandonment item number 7.A.1 on tonight's agenda subject to all staff conditions and comments. Mr. Timm seconded the motion. The motion passed unanimously. B.1 Ocean Avenue ZoninCl Overlav (CDRV 11-001) - Approve the creation of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean Avenue, between the FEC Railroad and Seacrest Boulevard, modifying the Land Development Regulations by establishing revised development standards and uses consistent with, and implementing the vision contained within the Downtown Master Plan. Applicant: City initiated. Mr. Breese reviewed staff was working with the CRA to develop appropriate uses and regulations for the downtown master plan and support the CRA initiatives The concept is to create a public art and cultural corridor between the Marina. waterway activities on the 4 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 east end of Ocean Avenue, and civic and cultural activities on the west end. The plan includes an adaptive reuse of existing buildings and the relocation of historic structures on vacant parcels on Ocean Avenue to create mixed uses on the street. The goal is to create a sense of place with small shops and restaurants, arts related business, and residential uses that would all add a pedestrian scale and contribute to its pedestrian-friendly nature. Staff reviewed the existing zoning of the property and concluded the zoning in place is not conducive to the type of development in the downtown master plan. The long-range vision is a mixed-use low 1 designation which does not accommodate smaller lots that front on Ocean Avenue. They are geared to the assembly of lots in order to create larger projects. The CRA owns some residential structures on the Avenue and has advertised to businesses to occupy the spaces. The regulations, as proposed, would assist in making the adaptive reuse of the structures possible. Currently, they could only be used for residential purposes. Staff created an overlay area, starting on the FEC railway on the east side of Ocean Avenue at the center, SE 1 st on the south side. On the west side was Seacrest Boulevard, and on the north side, for the most part, was NE1stAvenue and Boynton Beach Boulevard. Staff was careful to ensure existing structures would not become non-conforming in the overlay zone. The regulations are sensitive to the existing historic structures that may be moved into the overlay zone in the future. Staff recommended the amendments to the LDR to create the Ocean Avenue overlay zone and further the goals of the downtown master plan be approved. The backup information had much detail about potential uses and other aspects. Mr. Timm inquired if the Old High School was included in the tract. Mr. Breese responded it was and the regulations would apply to that building. Vice Chair Barnes inquired about the side interior setback contained in the Development Standards section. He thought many successful low-scale downtowns have buildings that do not have any side setbacks and the buildings touch one another. He inquired if it would be appropriate for this district. Mr. Breese responded staff was looking at an interim step before mixed-use low 1 is appropriate for the area. Staff was dealing mostly with 50-foot lots and mostly a built environment. There are a few vacant lots but they were intended to be for inclusion of the more historic structures to be moved in. Mr. Breese agreed buildings physically touching one another in a downtown makes a lot of sense, but the built environment that currently exists does not accommodate it right now. Vice Chair Barnes also inquired about the density and if they needed to put a cap on it. The area was already in the Transportation Concurrency Exception Area. The density would limit itself. Mr. Breese explained staff was trying to keep in touch with what already exists. The dwelling units per acre should be 11. Staff was not rendering any structures or 5 Meeting Minutes Planning and Development Board Boynton Beach, FL January 25, 2011 uses as non-conforming in the downtown area. Chair Saberson inquired if the City Attorney's office approved they way staff is addressing non-conforming uses. Attorney Alexander expressed she felt someone in the office reviewed it and it will be reviewed again by the City Commission. Chair Saberson felt, on page three, it was a blanket statement that no one would be non-confirming. Mr. Breese explained staff typically does not do it, but it is such a small area and limited zone, staff felt it was appropriate to change it in the requested fashion. Mr. Timm again inquired if the Old High School could be restored or if the regulations would prevent the restoration. Mr. Breese responded it would not prevent it at all. Chair Saberson opened the floor to the public. No one coming forward, the Public Hearing was closed. Motion Vice Chair Barnes moved to approve the Ocean Avenue Zoning Overlay. Ms. Grcevic seconded the motion that passed unanimously. 8. Other None. 9. Comments by members None. 10. Adjournment Motion Mr. Timm moved to adjourn. Vice Chair Barnes seconded the motion that unanimously passed. The meeting adjourned at 7:07 p.m. C.a.0.hU.')L( a hll1.l- Catherine Cherry d Recording Secretary 020511 6