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Minutes 02-28-95MINUTES OF THE SPECIAL PLANNING AND DEVELOPMENT BOARD #EETING HELD IN CONNISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 28, 1995, AT 5:30 P, PRESENT Stanley DubS, Vice Chairman Dave Beasley Jim Golden Chris Reitz Maurice Rosenstock Bradley Weigle Pat Frazier, Alternate ABSENT Gary Lehnertz, Chairman {Excused} William Hukill, Director of Development Tambri Hoyden, Planning and Zoning Director 1. PLEDGE OF ALLEGIANCE Vice Chairman Dub~ called the meeting to order at 5:35 P. M. The Pledge of AllegianCe to the Flag was recited. 2, INTRODUCTION OF MAYOR, C~)MMISSIONERS. AND BOARD MEMBERS i~ Vice Chairman Dub~ introduced the Board members. Mr. Rosenstock and Mr. Weigle ~ were not yet present. Mrs. Frazier sat at the dais as a voting member. 3. AGENDA APPROVAL No changes were made to the agenda. 4, APPROVAL OF MINUTES On page 8, Vice Chairman Dub~ pointed out that the motion passed 7-0, not 6-0. Mottoq Mr. Reitz moved to accept the minutes of the February 14, 1995 meeting as amended, Mr. GOlden seconded the motion, which carried 5-0. 5, COMMUNICATIONS AND ANNOUNCEMENTS None. 6. OLD BUSINESS None. 7. NEW BUSINESS IF~ ~ A, Consistency Review - 1- HINUTES - SPECIAL PLANHING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 28, 1995 1. LBnd Development Regulations Mr. Rosenstock arrived during Mr. Hukill's review of the Land Development Regulations. Each member of the Board was provided with the latest draft of the Land Development Regulations. Mr. Hukill stated that several Chapters in the Code were revised to assemble all the portions of the Code of Ordinances, appendixes, and the Land Development Regulations into Part III of the Code. He created a glossary of definitions that is consistent from chapter to chapter, and integrarted it into the Land Development Regulations. He sent the first draft to about 50 different people, including the Commission, department heads, the mem- bers of this Board, developers, contractors, attorneys, people who deal with the City on a regular basis, and people who have never dealt with the City. He received their feedback. Appendix A-Zoning and Appendix B were incorporated into the Land Development R~gulat$oms because they are Land Development Regulations and because it was a mystery What they were appendixes to, The m~jor change in the draft is that the Planning and Development Board is not the Local Pl.an~ning ~gency anymore. At the February 16, 1995 City Commission Wdrkshop Meeting, the City A~torneY stated that the Planning and Development BOard i~ no longer a quasi-judi~i~l board~ and should not be the Local Planning Agency. TherefOre, t~e Co~m~ission named themselves as the Loca Planning Agency iq this document. Vice Chairman Dub~ pointed out that the Commission also decided that the Planning and Development Board will no longer hear parking lot variances. Mr. Hukill advised that he put the required improvements in a separate chapter. He did this to make it clear that those improvements are required of a sub- division, whether or not it is platted. He also set up a chapter dealing with surety. Chapter 1, General Provisions, includes such things as impact fees and land development fees. He pointed out that previously, there were repetitive state- ments in many of the c~apters. Mr, Rosenstock said he will not vote for this because the State of Florida ruled that people who do not hold elective office should review, discuss, and give advice to the City Commission with regard to planning and zoning. Mr. Hukill said he moved "Planning and Development Generally" into a more logi- cal order. He moved it from Chapter 19 to Chapter 1.5 because it contains things that are general to the whole Land Development Regulation. He antici- pates there will ultimately be a step that combines Chapters 1 and 1.5. Mr. Hukill said he attempted to arrange things in the chronological order in which they occur. Therefore, since "Zoning" is the next step in the process, -2- HINUTES - SPECIAL PLANNII~ AND DEVELOPHENT BOARD HEET)NG BOYHTON BEACH, FLORIDA FEBRUARY 28, 1995 it is Chapter 2 (formerly Appendix Al. No changes were made to "Zoning", other than moving it. Chapter 2.5, Planned Unit Development, which was formerly Appendix B, is the next step in the process because it occurs simultaneously with "Zoning". Mr. Hukill anticipated ultimately merging Chapters 2 and 2.5. The next step is Master Plan Review, which has been changed very little. The step after Master Plan Review is Chapter 4, Site Plan Review. It is the only chapter that is currently in Part Iii, Land Development Regulations. Chapter 5 {Platting), Chapter 6 (Required Improvements) and Chapter 7 {Surety) were all in Appendix C. He split Appendix C into several chapters because he wanted to make it clear that one thing was not dependent off the other. Mr. Rosenstock asked who sits on the Technical Review Committee. Mr. Hukill advised that the TRC consists of representatives from the departments involved in development, namely, Planning, Development, Police, Fire, Public Utilities, and Recreation and Parks. Mr. Hukill welcomed Mr, Rosenstock's suggestions to reorganize the Technical Review Comittee. Mr. RoseEstock will meet with him p-riot to the next Planning and Development Board meeting to discuss this matter. Mr. Hukill said he made the platting conform with the law. Since there is a lengthy Florida Statute on the platting process, he did not think it made sense to repeat it in a City ordinance. Therefore, he removed that duplicity, He stated that there were also some places where the Code of Ordinances repealed State law, which did not seem ri,ght to him. Mr. Hukill said he moved Chapter 7.5 from Part II to Part III, and that it con- tained very little change, Vice Chairman Dub~ referred to the decision at the February 18, 1995 City Commission Workshop Meeting to no longer accept a bond. He pointed out that a bond is not mentioned in the new draft. Therefore, a bond is still acceptable. Mr, Hukill advised that the City Attorney is reviewing this matter, He explained that when we delineated the surety, we took the preprinted form out of the Code. We are finding that everybody was providing some other form that did not match that one, and it was difficult to monitor. He found that it was very difficult to collect on a performance bond or later material payment bond and that the City would be more likely to collect on a cash security, an escrow account, or an irrevocable Letter of Credit. He did not have any objections to accepting bonds if the City could get at them without going through the Court. He suggested adding the following language: "other security as approved by the Commission". Mr, Hukill said the Commission voted to delete the cash escrow ano the bond. Since Vice Chairman Dub~ did not think they did, Mr. Hukill will check on this matter. Mr. Rosenstock felt bonds should be accepted. He stated that in many instances, the City did not move against bonds when the developers did not do what they -3- NINLITES - SPECIAL PLANNING AND DEVELOPI4ENT BOARD #EETING BOYNTON BEACH,, FLOR'fDA FEBRUARY 28, 1995 were supposed to do. Mr. Hukill referred to Boynton Lakes Plat § and felt there would have been less trouble if a cash bond or an Irrevocable Letter of Credit was posted. Mr. Rosenstock stated that if the City Conmission did not have the backbone to stand up and execute against a bond, they would not execute against a Letter of Credit or anything else. ~ce Chapman Dube stated that even if a builder or developer does not have the collateral to back up a bond, a bomd~ng company will issue a bond based on their ability to produce. If bonds are mot accepted, a builder or developer may not be able to do anything because the only thing he can get is a bond. Mr. Hukill will bring this issue back up to the City Commission. Mr. Hukill said he moved Chapter 8, EXCavation and Fill Regulations, from Part II into Part III. He explained the change made to this chapter at the Pebruary 16th Workshop Meeting. Currently, the City Commission must approve and issue excavation and fill permits where there is more than two feet of excava- tion and fill on a site, He said he pointed out to the City Com~nission that this occurs everywhere. The Commission agreed that it was not the intent to have them in the permit issuing business. They still have the option of issuing permits, such as where the water table is violated, but they will not issue per- mits based on two feet of cover fill. Mr. Hukill advised that at the Workshop Meeting, there was also discussion regarding the restoration surety. This provides that if a developer digs a hole and then goes bankrupt, the City will have a surety that will allow them to restore the site to its original condition and repair the roads that were torn up. Mr. Hukilt stated that Chapter 9 is a separate ordinance. He reserved Chapters 10 through 19 because when he moved Chapters 21 and 22, he wanted to keep the chapter numbers the same. The next step in the process relates to the building permit. Hence, Chapter 20, Building, HousTng and Construction Regulations, which was previously Chaper 5, is the next chapter. Mr. Rosenstock stated that Section 4, Clearing, Grading, Filling, on page 106, has been changed. He recalled that Section 4 dealt with mulching and seeding when a piece of property is cleared. Mr. Hukill advised that mulching and seeding were put in another section of the Code. Mr. Rosenstock felt that since Section 4 does not mention mulching and seeding, there is a conflict. Mr. Hukill disagreed, He said this section is silent on mulching and seeding because one of the goals was to state things only once. Mr. Rosenstock felt Section 4 was the appropriate place to put in mulching and seeding. Mr. Hukill stated that Chapter 20 {previously Chapter 5) contains several things that will probably be changed. For example, it contains an article on swimming 4 #INUTE$ - SPECIAL PLANNING AND DEVELOPNENT BOARD #EETING BOYNTON BEACH, FLORZDA FE~.IJA~Y 28, 1995 pools that does not really say anything. The swimming pool ordinance was adopted separately and does not appear in the Code. He felt it should be in the Code. Mr. Hukill advised that parking lots were buried in Chapter 5, to Chapter 23, which is a combination of what was in Chapter 5, 87-JJJ. so he moved them plus Ordinance Chapter 21, Signs, was moved from Part II to Part III. Chapter 22, Streets and Sidewalks, was moved from Part II to Part III. He stated that there is a possibility that Chapter 26 {Utilities, Water and Sewer) will be moved. Mr. Hukill confirmed for Vice Chairman Dub~ that much of the Code is still going to end up being changed once it is adopted. The only significant change made in the Code right now is Appendix C, Platting, which he split into several chap- ters, This ordinance is scheduled for second reading on March 21, I995. Ms. Hoyden advised that it will be on the agenda on March 7, 1995 as ~ public hearing. Mr. Golden referred to 1.20.1 and 1.20.2 on page 33 of the Comprehensive Plan Policies, which relate to subdivision and platting. The first of those policies *talks about subsequent plan adoption, modified land development rates, including subdivision rates, and requirements which implement policies contained elsewhere in the Future Land Use Element. It talks about design, potable water and sewer, drainage, stormwater, wellfields, and sites for schools. The second policy deals with establishing procedures and reviewing the performance of subdivision rates at least once every five years. He stated that according to this policy, there should be something in the ordinance that requires a review every five years. Mr. Hukill suggested putting that in Chapter i because Chapter 1 applies to all subsequent chapters. Mr. Golden would like to see much broader types of issues in the first policy. He felt someone should go through the Comprehensive Plan to make sure everything is covered in the ordinance. At this time, he did not find consistency because of the subdivision and platting policies. Mr. Rosenstock inquired about the urgency of calling this special meeting. Discussion ensued regarding whether this is a regular meeting or a special meeting. Ms. Heyden explained that two Planning and Development Board meetings are scheduled each month, one on the second Tuesday of the month and one on the fourth Tuesday of the month. Mr. Rosenstock stated that if special meetings are called, he needs to know about them a lot further in advance because he has a very busy schedule. Mr. Hukill pointed out that this was discussed at a previous Planning and Development Board meeting. The Board agreed to meet on the fourth Tuesday of the month so that an aPplicant who is in the platting process would not have to wait until the following month to appear before the Board. -5- HINUTE$ - SPEC)AL PLANNING AND DEVELOPNENT BOARD NEETING BOYNTON BEACH, FLORIDA FEBRUARY 28~ lg95 Nr. Rosenstock felt something should be put in the Code regarding how much notice should be given for a meeting. Mr. Hukill referred to Section 3.B on page 48 of the draft, which states that the Planning and Development Board shall meet at regular intervals to be deter- mined by the City Commission and at such other times as the Chairman may determine. At 6:34 P. M., Mr. Rosenstock had to leave; for he was already late for another meeting. Ms. Heyden asked how much notice the members require to attend a meeting. The members of the Board agreed that nine working days would be sufficient advance notice. Mr. Reitz' understanding was that there would be two meetings a month, on the second and fourth Tuesdays of the month, He did not object to this. Vice Chairman Dub~ was also under the impression that there would be two meetings a month in order to expedite matters. Netlon Mr. Golden moved to find the Land Development Regulations consistent with the Comprehensive Plan, wi~h the exception of the subdivision and platting portion of those regulations d~e to potential inconsistencies with Policy 1.20.1 and Policy 1.20.2. Mrs. Frazier seconded the motion, which carried 5-0. With respect to 1.20.2, Mr. Hukill advised that language will be added to the Code stating that a review is required every five years. With ,respect to 1.20.1, Mr. Golden thinks things need to be added. Vice Chairman Dub~ felt Mr. Hukill has done a great job putting this draft together. Mr. Golden agreed. At this point, Mr. Hukil] left the meeting. 2. Residential Appearance Cede Ms. Heyden advised that in 1990, the City hired a consultant to codify this policy in the Comprehensive Plan. However, the process was halted in the fall of 1990 because of a change in administration and the City Commission. This went before the Commission in October or November, 1994. This policy in the Comprehensive Plan would implement policy 6.8.1., which requires the City to implement a Community Appearance Code that relates to the care and maintenance of private property, yards and swales. At first reading last Tuesday, there was discussion regarding allowing trees to be planted in swales and allowing motor vehicles to be parked in rear and side yards. -6- #~NUTES - SPECIAL PLANNING AND DEVELOPMENT BOARD #EET~NG BOYNTON BEACH, FLORIDA FEBRUARY 28, 1995 Vice Chairman Dub~ pointed out that on page 3, the section regarding Streets and Sidewalks contains the words "public or private street". The section regarding Swales, R~ghts-of-way and Alleys contains the words "public or private street". However, the word "private" is omitted from the first paragraph on page 4 and is, therefore, inconsistent with the previous two paragraphs. Ms. Heyden did not think it would hurt to add the word 'Lprivate" to the first paragraph on page 4, She said it would make it more clear. On the other hand, she said it might be better to delete the word "private" because those are really governed by the property owners' essociations. She will review this language and bring it to the City Attorney's attention. At this time, Mr. Weigle arrived. In response to Mrs. Frazier, Ms. Heyden advised that at the City Commission's request, she added language that prohibited motor vehicles from being parked in front, rear or side yards. The City Commission is now considering allowing motor vehicles to park in the rear and side yards. Discussion ensued regarding occasionally parking vehicles in front yards when someone is having a party. Ms. Heyden stated that this was also discussed at the last City Commission meeting. Vice Chairman Dub~ did not think this could be enforced. The members of the Board felt motor vehicles should be allowed to be parked in the swales on occasion, However, they were opposed to allowing cars parked i.n swales on a regular basis. Ms. Heyden said she will convey the Board's comments to the City commission. Mr. Reitz referred to the issue of paint blistering on page 3. He wondered if it referred to any paint blistering. He felt this was too strict. Ms. Heyden advised that there was l=angu~ge in there that said "25 percent on the paint and I0 percent on the roof surface materials". However, a question was raised about how to measure 25 percent. Therefore, she was directed by the City Commission to delete the percentages, but the City Attorney still has some problems with the proposed woh~ing because it does not contain any threshold. Mr. Reitz referred to the Minimum Standards for Appearance and Maintenance of Public Property and PriUate Property. He wondered if this section should con- tain something about ~traes and grass in relation to neighboring private prop- -erty. He poi~nted out that siQnificant damage could be caused to neighboring property because of ~oo~s of Ficus ~trees or deteriorating seawalls. Vice Chairman Dub~ stated ~th~t thins would be a matter for the neighbors to decide and would not involve the Ci~ty. Mr. Reitz referred to III, Waterways, on page 4. He felt paragraphs 1, 2 and 3 are too strict. Vlice Chairman Dub~ stated that all the waterways are controlled by Florida Flood Cont)rol. Ms. Heyden pointed out that the City has some canals that it has to meintaqn. In response to Mr. Beasley, Ms. Heyden advised that at their last meeting, the City Commission decided to allow trees to be planted in swales. Mr. Beasley and Mr. Weigle felt this should be subject to approval by Utilities. -7- HIXUTE$ - SPECIAL PLANNING AND OEVELOP#ENT BOARD 14EETIXG BOYNTON BEACH, FLORIDA FEBRUARY 28, 1995 Mr. Weigle stated that the citizens are required to maintain the swale areas. However, it is difficult to maintain swales on corners when you have to place the solid objects five feet apart. He also stated that flat or rounded solid objects will not deter people from driving over your swale. Vice Chairman Dub~ suggested adding the following language: "... no less than five feet apart, except at intersections, five feet from intersections." Ne said they really need to be about one foot apart at intersections, around a curve. #otlo~ Mr. Reitz moved to find this ordinance consistent with the Comprehensive Plan. Mr. Golden seconded the motion, which carri~ed 5-1. Mr, Weigle cast the d}ssenting vote. 3. Cmrmunt~yDe$1gn Plan Ms. Heyden stated that in 1993, at the request of the City Commission, the Planning Department put together a new Community Design Plan which deletes all the Community Design Districts. It is geared toward the entire City and sets forth general language that would hopefully ensure compatibility with adjacent buildings. It would eliminate style requirements and the stringent format currently in existence. Ms, Heyden advised that as a result of the last City Commission meeting, the following changes will be made: Section 9 has to be reworded. She was trying to eliminate the words "harmonious, consistent and compatible" because they are hard to define and enforce. On page 5, with regard to A.1, the degree to which the outbuildings block the field of vision needs to be defined. With regard to C.1, the word "dense" needs to be defined. Language requiring gates needs to be added to C,3. On page 6, "H" will now read as follows: Sculptures, fountains, gardens, pools, trellises and benches shall be encouraged. Paragraph H.2 on page 6 needs to be clarified. Paragraph number 4 on page 7 will now read as follows: Large multiple tenant signs and small lettering on freestanding identification signs close to en- trances is prohibited. With regard to paragraph "I" on page 8, the Commission also wants buildings that are visible to be designed to be as attractive in appearance as the front of the building. -8- H]*NUTE$ - SPECS'AL PLANNING AND DEVELOPi~IENT BOARD HEETZNG BOYNTON BEACH, FLORZDA FEBRUARY 28, 1995 Paragraph "J" needs to be clarified. Mr. Golden pointed out that a gas station or garage would have overhead doors. Mr. Golden felt that getting away from the strict design districts is good if you want to create a certain image like the downtown area. However, he did not think it was the best way to 9o for the City as a whole. He stated that a lot of the general provisions are very vague and subjective. He felt perhaps the guidelines should be adoped by re~olution rather than ordinance. Other suggestions of his~inclu~ed adding a waiver or exception to "Substantial, Substantial Improvement" on page 2 with respect to damage caused by a major storm or catastrophe. He referred to the word "use" in Section 9.B on page 4 and pointed out that there are differen~ uses, such as retail, hotel commercial. Ms. Hoyden suggested deleting the~worU "use". ' With regard to A.t on page 5, he pointed out that outparcels natura)ly block views. Therefore, this is going to be hard to deal with. Ms. Hoyden stated that this is a mechanism to limit outparcels. Mr. Golden did not think this would achieve that. He stated that these are more like general guidelines than enforceable provisions. He thinks if the City tries to enforce this, it will have its: hand full from a legal standpoint. With regard to 1.1 on page 6, Mr. Golden pointed out that we are not currently requiring people to do this. If this is adopted, he wondered if it will be man- datory to present the sign package with the project when appearing before the Board. Ms. Heyden advi,sed that currently, if the sign package is not with the site plan application, the applicant has to come back. She stated that the sign package must be presented at the first site plan review or at a site plan modi- fication review. With regard to the terminology in this ordinance, Mr. Golden said that if he were a developer, he would have a lot of trouble understanding what the City is trying to achieve. For example, "D on page 7 and "H" on page 8 are totally open to interpretation. Mr. Reitz pointed out that you cannot really argue or enforce aesthetics. Wi th regard to overhead doors, Mr. Golden said there are certain situations where youare go~ngto have overheard doors, and this needs to be provided for. Mr. Golden Stated that paragraph "K" needs :to be defined relative to major thoroughTares andentrances to the City. Mr. Golden had further comments about the language being vague and open to interpretation. He Will speak to Ms. Heyden about this at a later date. Mr. Reitz disagreed with this ordinance in general. He expressed concern about the long term effects of not having a consistent design plan. -9- *Mr. Golden felt that strict design districts are good if you want to create a certain image like the doWntown area. MINUTES - SPECIAL PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 2~, 1995 #orlon Mr. Beasley moved to find this ordinance consistent with the Comprehensive Plan. Mr. Golden stated that policies 1.9.6, 7 and 8 of the Comprehensive Plan require adoption of design districts. Ms. Neyden advised that the CBD guidelines and the Community Redevelopment Plan are being revised. Mr. Golden suggested that language be added to exclude those sections of the City that are undergoing separate design review. Mr, Beasley withdrew his motion. Notion Mr. Golden moved to find the Community Design Plan inconsistent with the Comprehensive Plan, based on policies 1.9.6, 7 and 8, which require adoption of specific design guidelines for certain areas of the City. Mr. Weigle seconded the motion. Ms. Heyden and Vice Chairman Dub~ did not think this ordinance is inconsistent with the Comprehensive Plan. The motion carried 4-2. Vice Chairman Dub~ and Mr. Beasley cast the dissenting votes. Mr. Golden felt we are putting the cart before the horse and if we want to do this, we should clean up the Plan or put a provision in this ordinance exempting certain areas of the City. COMMENTS BY MEMBERS None, 9. AO~IOURNMENT There being no further business to come before the Board, the meeting was adjourned at 7:50 P. M. Eve Eubanks Recording Secretary {Three Tapes)