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Minutes 05-16-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD RE PROPOSED COMPREHENSIVE PLAN, HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 16, 1989 AT 5:00 P. M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Gary Lehnertz Daniel Richter Carl Zimmerman Murray Howard, Alternate (Voting) ABSENT Marilyn Huckle (Excused) Carmen Annunzia=o, Planning Director Tim Cannon, Senior City Planner Chairman Walshak called the meeting to order at 5:00 P. M. He referred to a memorandum from Mr. Annunziato dated May 11, 1989. He did not have any problems with Section I, but with regard to Section II, it seemed to him that Mayor Moore said Section II should be discussed by the Planning and Zoning (P&Z) Board to maintain some semblance of Order in the Comprehensive Plan review process. Chairman Walshak noted the memo said Section III consisted of comments which were made by the public, but which were not addressed in Section I, and he asked what that meant. Mr. Cannon explained that the City Commission, in order to shorten its review, requested that the Planning Department make up a separate list of comments limited only to any differences between the comments from the City Staff and the P&Z Board's recommendations. That was what Section I consisted of. Florida Statutes requires that the governing body consider and respond to any comments by the public. Therefore, in Section III the Planning Staff listed any com- ments by the public that were not picked up in Section I. Chairman Walshak asked if the comments were presented at public hearings before the City Commission or the P&Z Board. Mr. Cannon answered that they were from both. Chairman Walshak questioned whether the P&Z Board did not review all of the comments. Mr. Cannon replied that some of the com- ments from the public were made only at the City Commission hearing. The only things the P&Z Board did not address, which the Planning Staff found by searching back into the records, were some of the comments and memorandums from the - 1 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 16, 1989 City Staff, which was what Section II consisted of. Ail of the comments made by the public at the hearings before the P&Z Board, the P&Z Board responded to. There was repetition of prior comments by Chairman Walshak and Mr. Cannon. Chairman Walshak asked where the comments from Johnnetta Broomfield, Director of Community Improvement, were. Mr. Cannon thought all of the comments in Section II, under the Future Land Use Element and that all of the comments under the ~ousing Element were from Ms. Broomfield. FUTURE LAND USE ELEMENT Page 49, line 3 Levels of Service Mr. Cannon read the first comment referring to line 3 of this page and said the only place where there might be a real problem would be if they expanded the Commercial in the Central Business District (CBD) because it might affect the traffic generation substantially. Mr. Richter thought it was said that except during peak periods, the traffic level would be retained. Mr. Cannon replied that the Traffic Circulation Element stated that in the coastal area there would be a lower level of service (LOS) than the standard, which is LOS "C". Chairman Walshak thought the LOS here was referring to all services (sewer, water, and traffic). Be asked if the intent of the comment was that they were not to increase any densities and that they should first do a study. Mr. Cannon thought it was pointing out that the City may not be able to meet the established levels of service that are in the other Elements. If they cannot meet the levels of service, Chair- man Walshak remarked that they cannot build, so increasing the densities would mean nothing~ and it would be a moot point. If they exceed the LOS, they cannot get a certifi- cate of occupancy (C.O.) or a building permit, and this statement would apply to anyplace in the City. Mr. Cannon agreed. Chairman Walshak inquired why the P&Z Board did not see this before. He saw the date "5/1/89" on the sheet before him and said the P&Z Board had a public hearing after that. Mr. Cannon answered that the Planning Staff received Ms. Broomfield's memorandum concerning the Future Land Use Ele- ment after the last P&Z Board meeting. Chairman Walshak read," .(see previously transmitted memorandum, dated 5/1/89, from the Community Improvement Director)." The - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTQN BEACH, FLORIDA MAY 16, 1989 Board had its last public hearing on the Housing Element and the Capital Improvements Element on May 9th. Mr. Lehnertz saw no problem with it. Mr. Richter thought it was covered. Chairman Walshak felt it was covered in the plan already suggested by the Board, but he had a problem with this coming after the fact when, apparently, it was available prior to the fact. Mr. Annunziato referred to all of the pieces of paper his Department processed so they could get them to the Board in a reasonable length of time and said he could not recall the sequence of events. Mr. Cannon thought what happened was the Board limited its discussion on May 9th to the Capital Improvements Element. After expounding, Chairman Walshak referred to the Board working hard to get the Plan presented to the City Commission, and then they get things like this. He did not feel it should "throw water" on what the Board had already done. Page 49, line 3 - Mixed Use Zonin~ This was the second comment made by Ms. Broomfield with regard to line 3. Mr. Cannon explained that if they have performance standards, they would have to have setbacks, depending on the building heights. Chairman Walshak recalled that the Board had recommended that a performance standard be attached to the Mixed Use (MX) zoning. Page 51, 2nd paragraph The Members had no problems with this comment. Page 51, 5th paragraph, line 6 - Mangroves Chairman Walshak thought this had been addressed by the Board. He asked if the Board had discussed the Department of Transportation (DOT) needing a retention facility in the uplands section of the mangrove. Mr. Annunziato answered that they did. The Members agreed with Chairman Walshak that the Board had adequately addressed this. Page 54, line 1 - Shopping Center Across From City Hall Mr. Cannon thought this comment had been negated because the City Commission decided they would not include the land use recommendations for the CRA's expansion area except for Boynton Beach Boulevard, between Seacrest Boulevard and MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 16, 1989 1-95. Chairman Walshak stated that the Board argued and discussed this at considerable length. He thought the Board ruled against a shopping center on that piece of property, and that was the wa~ the Board wanted to see their recommen- dation go to the Cit~ Commission. The Members agreed. Mr. Cannon said the Planning Staff would reiterate that tonight. P~ 5~, line 18 - TroDigas Vice Chairman Collins asked if Tropigas has underground storage. Mr. Cannon was not Sure. Mr. Blanchette thought they just use LP gas. If Ms. Broomfield knew Something the Board did not know, Chairman Walshak felt she should have brought it to the ~oard's attention. Mr. Richter pointed ou~ that it is a non-conforming use, and he agreed with Ms. Broom£~eld,s commen~. Mr. Blanchette thought the soil was being tested in all cases where tanks of any type come in. There was discussion abou~ what banks require. Chairman Walshak asked if the comment mean~ Tropigas or the new owner is required to do soil tests. Mr. Cannon thought Ms. Broomfield was referring to the current owner. Mr. Annunziato said his Department received the memo from Ms. Broomfield after the Board concluded its comments on the Future Land Use Element and forwarded them to the City Commission. Chairman Walshak repeated prior statements about the date of the memo and the date of the Board's meeting. The Members had no prolem with the comment. Page 72, 1st ~aragraph Chairman Walshak said the Board had made SUggestions about the Community Redevelopment Plan. Page 72, 4th paragraph, line 3 - Three Lots Lying South of Martin Luther KingA_jr. Boulevard Mr. Cannon thought the City suggested that they may not owned the lots Ms. Broomfield be suitable fo~ Residential. Vice Chairman Collins asked why. Mr. Cannon replied that they do not have access to Martin Luther King, Jr. Boulevard or any other main street. He thought they were on an unpaved alley. The Members had no problem with that. ~~4tha_p~ra~, ~ine 3 - Urban Design Plan~ Chairman Walshak stated that the recommendation from the P&Z Board was that the City adopt the Urban Design plan as MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 16, 1989 quickly as possible. Mr. Cannon responded that had been picked up in another comment. HOUSING ELEMENT Mr. Cannon said most of the comments were made by the Planning Department. There were revisions to population and dwelling unit figures, which were necessary because the original population projections assumed annexation west of Lawrence Road, and the City wanted to fix the boundary at Lawrence Road as far as population projections. All of the numbers have to be changed. Chairman Walshak had no objections to any of the comments on page 3 of the list of comments furnished to the Members for their review, and the Members of the Board had no objections. Page 4 of the Comments Page V-1 The M~nbers agreed with this comment. Page V-5 - ACLFs Mr. Cannon informed the Members that the City Commission decided it will allow Adult Congregate Llving Facilities (ACLFs) in all Residential districts, subject to the 1800 foot separation. There was discussion about whether an ACLF is a group home. Mr. Cannon clarified that they were saying, providing the ACLFs are compatible with other dwell- ings in the neighborhood. Chairman Walshak recalled that the P&Z Board talked about group homes, and the majority of the Board voted to allow them in any section of town, but he felt ACLFs were a different breed altogether. Mr. Cannon stated that this discussion was specifically about housing for the elderly, which Chapter 95 required that the Board specifically address. He informed Chairman Walshak that ACLFs primarily provide housing for the elderly. Mr. Howard asked if he was referring to a retire- ment home. Mr. Cannon answered affirmatively but added that the ACLFs range in size from three persons to potentially hundreds. Mr. Lehnertz thought the key words were that they have to be compatible with other dwellings in the ne~ghbor- hood. Mr. Blanchette, Mr. Richter, Vice Chairman Collins ha~ no problem with it. Chairman Walshak had a terrible problem - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 16, 1989 with it, and he alluded to how he feels about group homes. Mr. Howard also had a problem with it, as he was not quite sure what it meant. Mr. Lehnertz agreed because he thought ACLFs should be allowed in all areas of the City. Mr. Zimmerman also agreed with the comment. Chairman Walshak determined the majority of the Board said OK. Page V-16, lines 7 and 12 - Change "Community Redevelop- ment Agency" and "CRA" to Community_Improvement Department After discussion, Chairman Walshak stated that if Mr. Annunziato did not have a problem with the comment, then did not have a problem with it. he Mr. Annunziato apprised the Board Members that the Housing Authority was approved by Resolution. The responsibilities were assigned to the Palm Beac~ County ~ousing Authority. There has not been an active agency in the City for three or four years. Chairman Walshak commented that according to this, they would be changing the Housing Authority and the authority to the Community Improvement Department. Mr. Annunziato thought "Authority" related to 5ousing Authority. Vice Chairman Collins felt the function would remain the same. It was just a matter of changing the wording somewhat. Chairman Walshak remembered that there were some benefits through a Housing Authority. If the comment was intended to just change "Housing Authority" to "Authority", Vice Chairman Collins said he would not have a problem with it. Mr. Annunziato advised that it was to change the Housing Authority and "Authority", which referred to Housing Authority to the Community Improvement Department. Vice Chairman Collins asked if the function would be the same. Mr. Annunziato answered affirmatively. If the ~ousing Authority came back as a viable agency some- time in the future, Mr. Annunziato thought all of these things would have to be reconsidered. However, he did not see it happening in the near future. TRAFFIC ELEMENT The last page reflected changes proposed by Walter Keller, Jr., P.E., AICP. In examining his own work, Mr. Cannon said the Traffic Consultant found these corrections were necessary. - 6 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 16, 1989 RECOMMENDATION OF BOARD TO CITY COMMISSION With the transmittal of this, Chairman Walshak thought they should say, with reference to Section II, that the P&Z Board addressed the concerns of the Community Improvement Director in the Plan they recommended to the City commission for approval. The Members thought that was a very good idea. Chairman Walshak saw that the P&Z Board recommended that most of the comments in Section III be approved. Vice Chairman Collins hoped that in the future, these things would get to the Board in a timely fashion so there would not be an overlap. Chairman Walshak thought Mayor Moore indicated that doing it without a consensus of opinion by the P&Z Board would violate the Ordinance and maybe the Florida Statutes. Motion Mr. Btanchette moved to forward Section II to the City Commission as revised by the Board at this meeting, seconded by Mr. Lehnertz. Motion carried 7-0. ADJOURNMENT Th~ meeting properly adjourned at 5:40 P. M. Patricia Ramseyer \ [ Recording Secretary ~J (One Tape)