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Minutes 05-20-92MINUTES OF THE PLANNING AND DEVELOPMENT BOARD WORKSHOP HELD IN CONFERENCE ROOM "C", WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 20, 1992, AT 7:00 P. M. PRESENT Dean Fleming Bradley Miller Marilyn Huckle, Shirley Stevens Ken Johnson Vice Chairperson ABSENT Nathan Collins Gary Lehnertz P~ul Davis, Alternate Nathan Sussman, Alternate (Excused) Christopher Cutro, City Planner Tambri Heyden, Senior Planner Mike Haag, Site Development Administrator Kerry Ezrol, Assistanu City Attorney 1. CALL TO ORDER Mr. Cutro called the meeting to order at Recording Secretary called the roll. Mr. Attorney Ezrol, Mr. Haag, and Ms. Heyden, Commissioner Jose Aguila. 7:10 P. M. The Cutro introduced and welcomed 2. REVIEW OF PROCEDURES a. At Board meetings Mr. Cutro explained that each member will get an agenda, which will be broken up into separate items. Each item will be identi- fied as a rezoning, land use plan amendment, site plan, or master plan modification. Staff will give a report after which the mem- bers can ask questions of staff. The petitioner will then make a presentation after which the members may ask questions of the petitioner, The public hearing will be opened. People for the proposal will be allowed to speak followed by people against the proposal. The public hearing will then be closed. Questions can then be ~asked of either staff, the applicant, or others who may have spoken for or against the item. Time is then allotted for rebuttal by the applicant, followed by a period of time for questions and discussion among the Board members. A motion is then made by the Board. In response to Mr. Fleming, Mr. Cutro said there is not automati- cally a public hearing on every item on the agenda. The agenda will indicate which items are public hearin§s. Public hearings are normally listed firsu on the agenda. Rezonings, land use plan amendments, parking lot variances, planned unit develop- menLs, and abandonments are generally listed as public hearings. Site plans, modifications to master plans on planned develop- MINUTES - PLANNING AND DEVELOPMENT BOARD WORKSHOP BOYNTON BEACH, FLORIDA MAY 20, 1992 merits, preliminary plats, and text changes will not be listed as public hearings. The Chairman is going to have to make a deter- mination as to whether or not to allow public input on items. Mr, Cutro advised that the Courts are currently deciding cases as to what has to be presented and who has to make presentations. Therefore, changes may be made to this processt He mentioned the Jennings and Snyder cases. b. Re~arding petitions before the Board Attorney Ezrot distributed a packet of documents to each member of the Board, ~eg~rding voting conflicts, he advised that nobody can abstain from ~±ng except when an item that comes before the Board for Considerat~o~ inures to their~financial gain or to that of a relative or emp!oye~. If members do abstain, they have to state their conflict on the record. They have to file a written disclosure, s%a~in~ th~ nature of the conflict, with the Clerk within 15 days after {~ vote was taken. The Recording Secretary advised t~e ~emb~r~ that the City Clerk's Office has t~e proper form that~heeds~to'be filled out. not be Board. If Court there taken as activfty. staff, to have ex- going tobe yet decided avoided. to have a~ should be poke of the Jenn~ngs case which says members can- aPplicantithat will be coming before the that a member ~s being lobbied, the ii.has to be remanded and reconsidered and improper influence on the vote that was ex-parte communication or lobbying hher members can be lobbied by said the~conservative approach would be not relative to matters that are on, even with City staff. The Courts have not but to,be on the safe side, it should be tha{ would.include seeking exp!ana- has already been But tO be specifically lobbied ~e a vote at the Board meeting Attorney Ezrol explained the Sunshine Law. He explained that the Clerk will P~ovi~e notice to the public that they have the right to attend t~S~imeetings and participate in the public process. He advised~tke'~mbers that they cannot discuss between them- selves outsidie ~ that public forum any item of public business. Ms. Stevens ~sked if this applies to nonagenda items or items where a p~i~ioh has not been filed yet. Attorney Ezrol advised that if there 'is a rumor that an item may come before the Board for consideration, discussion with other members of the Board needs to be a~otded. MINUTES - PLANNING AND DEVELOPMENT BOARD WORKSHOP BOYNTON BEACH, FLORIDA MAY 20, 1992 In response to Ms. Huckle's question, Attorney Ezrol did not think there was a prohibition against members of the Board discussing official business of the Planning and Development Board with members of the City Commmission~ but said there should not be communications because the Planning and Development Board is a board that makes recommendations to the City Commission and; therefore, those communications should be avoided. Ms. Stevens inquired about expressing her personal opinion at the public audience of the City commission meetings after an item had been voted on at the Plannin9 and Development Board. Attorney Ezrol said she could do this. MS. Stevens Chairs the Boynton Citizens Coalition and is instructed as Chair to present their o~iaions to the City CommisSion. Attorney Ezrot said the Sunshine Law doesnot apply to a meeting between individuals who a~e members of differeq~ ~boar~s unless o~e o~ more of the indi- vidu~ has been delegated ~ke authority to act on behalf of the specific boar~, pro+id~d t~a~ ao delegation 6f ds¢isionmaking authorSty nas ~e~n ~ad~ an~'~ me~be~ i!s not actin9 as a liaison for the entire COuncil. A~9~ey Ezr01~said~ most, if not all of the ~i~CUssions~a~e~ to~f~c~al b~siness ne~d to be discussed inp~%C as a gr~rdp s~nce~o~i~ar~ ~a~ti~g as ,a board and making reCommendations to the Cityl~r~nisSion. ~t~o~sy Ezrol spoke of the Snyder case ~herein the Courts e~!~ed that once the app!ic~n~ complies with the procedural ~equir~men~s Of the City Zoni~ ordinance and that the use sought is consistent w~th the CitY,s ~mP~ehensive zoning plan, then the City must act in a certain'manner ~nd se~ forth a limited excep- tion. In response to Ms. Stevens, Mr. Cutro said a hardship is a unique characteristic to a piece of property that makes it impossible for that property to meet the criteria set forth in the ordi- nance, Based on Attorney Ezro~'s experience, a financial con- sideration or a self created hardship is not considered a hardship. Ms. Huckle said the authority for the Planning and Development Board to table items has been eliminated a couple of years ago. She felt the Plannin9 and Development Board should have the power no table an item if it finds that staff recommendations are insufficient or lackin9. Commissioner Aguila said he would bring this up at a Commission meeting. Mr. Cutro advised that one of the changes ~n the procedures includes staff striving to get this Board ~11 the information so they will be able to make a deci- sion. Ms. Stevens suggested building a safeguard into the abil- ity to table items where~n a petitioner could appeal to the City Commission if he felt tabtin9 the matter was not appropriate. MINUTES - PLANNING AND DEVELOPMENT BOARD WORKSHOP BOYNTON BEACH, FLORIDA MAY 20, 1992 Mr. Cutro advised that this Board will be reviewing land use plan amendments, rezonings, conditional uses, site plans, ma~or modi- fications to site plans, parking lot variances, planned develop- ments which include PUDs, PCDs and PIDs, modifications to those planned developments (masser plan modifications), preliminary plats, abandonments, and text changes for compliance with the Comprehensive Plan. He briefly explained each as follows: A land use plan amendment is an amendment to the Comprehensive Plan. RezOnings are a change of zone on the nap% There are 14 zones in the City, 4 of them commercial, ~ residential, and the rest are split up into public uss (agriculture, industrial, and parks and recreation zones)? CoadTtiQnal uses are uses that are ~ltowable in the zoning district but~ave conditions attached to them that mus~ be reviewed at public hearing by the Planning and ~elopmen% Boa~d and the City CQmmission. Cenditionat uses are rren~iylb~sed on site~ pl~. ~t a lafer date they will be separated andsite plans ,will n~t.aiways be r~quired to go with Conditional uses. Parking Lot~arian~es are v~riances to the ~ark~ng le~ cede. Generally theY dea~ with design (how many feet a driveway has to be located from a corner, turning radiuses ~i%hin ~ ~a~king lot, lo~a%ions of islands, striping, and number of curb cu~s), not with numbers. The overall number is tech- that Zon~ngBo~rd of exactly ii~e a whole r, it is a ~very ~hat can be It as does rezoned plan PIDS, and PCDs. winds up a~ as opposed ~o winding up at ~ be ta~ing s~eps to ~ near f~u~e, A ~t~rmina~ h~s,to be made ~t he ck.an~e ~S mm~o~. Ab~0nm~ts ms when a -way is m~in~:.g~ingib~ck to the p~lvate owners [e of ~ p o~er~y ot:a pu~i~ easemeht iS being that may e~ist on a ~pleee of pr0p~ty. Mr. Cutro, advised the Board that some things are done administra- tively) which is mostly limite~ ~o sit~ pl-ans. Staff makes determ~na!i~ns based on a serZes of criteria that a~e set up in the si~e plan review ordinance Which allows staff to deal with minor Sitle plan changes ad~in~str:atively. The criteria is that zt cannot .~ncrease the floor area of the site by more than 5%. - 4 MINUTES - PLANNING AND DEVELOPMENT BOARD WORKSHOP BOYNTON BEACH, FLORIDA MAY 20, t992 It cannot degrade the parking below the standard that ms required for the square footage. It cannot degrade any item for con- currency, such as sewer, water, traffic, and drainage. Staff reviews those as either part of the building permit process or independently if they come in before the building plans have been filed. Some of the other determinations that staff was making were for minor changes to colors that the Community Appearance Board was reviewing, in addition to changes of landscaping materials. Staff will be reporting to the Board on those changes. 3. BACKUP PACKAGES Mr. ~aag explained that staff receives a se~ of plans from the applicant a~d has ten days to review them. Staff's comments are given back to the applicant to correc~ the plans. The applicant correct~ and resubmits twelve sets of the plans which staff has five days to review. Sometimes the plans are not fully corrected accordlisg to staff's comments. The applicant has a chance to postp0n¢ or continue instead of going to the Planning and Devet6p~ent Board. Staff has an obligation to bring the appli- cant to the Planning and Development Board, even with the unre- solved comments. Staff can recommend denial of the project. The ~lanning' a~d!Development Board thgn makes a recommendation to the City Corhmission. The backup pack&ge will contain a staff report. AG {he end!of the staff report wil~ be staff's recommendation Attached to the report will be staff comments after the second review Of the plans. Discussion ensued regarding conditions and comments. Mr. Cutro advised that some of the comments have to be met at another ssage of review which the Board members will be made aware of. The PUD ordinance allows for those to go forward because there ms also a plat review and a site plan review that follows and some of those comments can be met at that time. Mr. Haag added that some of the comments can be satisfied at the permit process. Mr. Cutro advised that he is trying to arrange for the agenda packages to be delivered by the Police Department and that the members should receive them by Thursday afternoon, If the agenda packages are not received by Friday at noon time, the members should contact him. Mr. Hang mentioned that one of the Assistant City Attorneys said the Board members were not allowed to visit the site on a zonzng change. Attorney Ezrol said there are code board cases rendered by the Attorney General that say code board members cannot visit sites. Attomney General opinions are not law; however, they are persuasive. He did not believe there was any case law or Attorney General opinions regarding planning and zoning and will research this. MINUTES - PLANNING AND DEVELOPMENT BOARD WORKSHOP BOYNTON BEACH, FLORIDA MAY 20, 1992 Mr. Cutro asked Attorney Ezrol if slides of the site can be introduced in presentations. Attorney Erzol did not see a problem with this, since staff will have a person there who will testify or present the slides who has personal knowledge that those slides are accurate. Mr, Cutro suggested having the appli- cant provide slides instead of 3x5s. Mr. Fleming thought slides might excessively lengthen the meeting, depending on the amount of slides. 4. OTHER a. Planning Commissioner's Journal Mr. Cutro said this magazine is a fairly useful tool that gives a lot of good general information and supplies ideas. If members are interested, they should give Mr. Cutro a check for $6.00 at the nexu meeting. b. American Planning Association Mr. Cutro said he w~ll hand out membership information on the American Planning Association at the nexu meeting, which includes membership in the Florida Chapter of APA. He said the Florida Chapter produces a newsletter that can keep the members current on Florida Planning Laws an~ on different things that are hap- pening and is not spscifica~ly a planner's magazine. The mem- bership fee is approximately $45. Minutes of last me,ting of the Downtown Review Board and Community Appearance Board Ms. Huckle pointed out that the last minutes of the Community Appearance Board and the Downtown Review Board have not been approved. Mrl Cutro will bring this to the attention of the City Clerk. d. Color schemes Mr. Cutro advised that applicants are required to submit colored elevations, colored chips, and other details. The Community Appearance Board form may have to be adjusted into a Planning and Development Board form. Normally staff reviews the color com- binations and if they are acceptable under the Code, staff lets those go. Commissioner Aguils did not think this was appropri- ate. He thought the Board should have the opportunity 5o review them all. Mr. Cutro said that would lengthen the meetings. e. Latitude of the Board Mr. Miller asked what latitude the Board has in redesigning if they do not like something. Mr. Cutro said if something meets MINUTES - PLANNING AND DEVELOPMENT BOARD WORKSHOP BOYNTON BEACH, FLORIDA MAY 20, 1992 the Code, the Board can suggest it be changed. If it can be interpreted along the lines of protecting public health, safety, and wetfafe, the Board probably has the ability to ask that it be changed. Attorney Ezrol said the motivation that a member has as an individual in voting is his own privilege. An attorney would not be permit%ed to inquire into a member's motivation for making a particular decision. He suggested if a member has some per- sonal motivation for voting in a particular way that is incon- sistent with the Code, that it not be said on the record. The problem that needs to be avoided is to have a decision of this Board being done arbitrarily and capriciously:. However~ if s~mething complies wit~ the Code and%his Board recommends to the City Commission denial of~the application, it is up to the City Com~ssi0n to step in at that p0~nt ia time. If the City Commission. aCtS censis%eRtty wi%h the Board's recommendation and this applicant has a lawyer, the City is gDing to get sued and ~hen it will be~up ~o fhe Court~ Mr. Cured pointed out it is up t.o the City Cgmmiss~on t° take Steps to re~0~e a use from the z~in~ district if they a~ree~th~ the P~anning and Development B0ard that it should n~t be the~e. d. Approval subject to c~nditions made by Board members Ms. Stevens aske~ if members are allowed to approve a pro3ect subject ~0 certain Conditions. Mr. Cutro said ~this could be done if appropriate and if not, staff or the City Attorney will bring it to the Board's attention. e. Content of motions In response to Mr. Miller Mr. Cutro said if staff's recommen- dation is go~n§ to be adopted, the motion can reference the staff report, the recommendation that is in the staff report, the con- ditions, and the project name. He said in the next five to six months numbers will be assigned to the petitions to identify individual petitions. f. Absentee policy Board members are allowed three absenses in one year. Workshops and special meetings do not count. 5. ADJOURNMENT There at 8:49 P. M. Eve Eubanks Recording Secretary (Two Tapes) being no further business, the meeting - 7 - properly adjourned