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Minutes 04-15-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD CONTINUATION OF PUBLIC HEARING ON PROPOSED COMPREHENSIVE PLAN HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, SATURDAY, APRIL 15, 1989 AT 9:00 A. M. PRESENT Robert Nathan Collins, Jr., Harold Blanchette (Arrived at 9:40 A. Gary Lehnertz Marilyn Huckle Daniel Richter Carl Zimmerman Walshak, Chairman Vice Chairman M.) ABSENT Murray Howard, Alternate Carmen Annunziato, Planning Director (Arrived after 12:00 Noon. after tour) Tim Cannon, Senior City Planner Mike Rumpf, Assistant City Planner Chairman Walshak called the meeting to order at 9:12 A. M. Following the Pledge of Allegiance to the Flag, he introduced the Members of the Board. COMMUNICATIONS AND ANNOUNCEMENTS None. OLD BUSINESS None. NEW BUSINESS A. Discussion of Plan and Comments regarding Plan by Boa_rd Members Chairman Walshak announced that anyone in the audience wishing to speak could speak. After that, he wished to take each Element individually and give the Members ten minutes to review that particular Element. Following that, the City would read any comments where there was not a consensus. The comments would then be discussed by the Board. Anything the Board would like to see implemented would go into that Element. The Board would then vote on that Element and go to the next Element. Chairman Walshak thought they should be able to get through each Element in one hour. He opened the hearing to public audience. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 RECREATION AND OPEN SPACE ELEMENT Knollwood Groves Property Anna Cottrell, Project Manager, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 600, The Concourse, West Palm Beach, FL, asked that they pick up the discussion they had on Wednesday night, April 12, 1989, regarding language for the Knollwood Groves Property. Mr. Can~on informed Chairm~n Watshak that the language Ms. Cottrell referred to is an the Recreation and Open Space Element and the Future Land Use Element. It shows the location of a neighborhood park to be dedicated. Page 23 Mr. Cannon said this page shows the land and potential park sites. They were talking about site N48 in the northwest corner of the City. The map showed the geographic arrange- ment of the neighborhood parks in that area of the City. FUTURE LAND USE ELEMENT Page 83 6.b. Knollwood Orange Groves The language Ms. Cottrell referred to was on this page. She stated that there was no objection to the requirement that a park site be dedicated along with the development approval for the property. The objection they had was the actual location requirement. Ms. Cottrell did not feel it was appropriate to set that kind of requirement "in stone" in the Comprehensive Plan, as there may be circumstances existing on the site that might preclude the use of that location for a park site. It may be that once development plans are done, optimum locations for infrastructure, utilities or roads might preclude that particular location for the park. If they were speaking of a site that the City would seek dedication by way of purchase or condemnation, MS. Cottrell thought it might be different but, in this case, they were talking about property that would be coming in for develop- ment approval six months from now, as soon as the Compre- hensive Plan is effective. With the Planned Unit Develop- ment (PUD) review, she pointed out that they would have the opportunity to require the dedication at a site appropriate to serve the residents of this development and the citizens of Boynton Beach. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 If the City Staff and the Board felt that location was important and that that type of specificity was necessary, Ms. Cottrell stated that they would reluctantly go along with it. There are 112 acres, and no analysis has been done to determine what the optimum development plan should be. Mrs. Huckle recalled that in her letter to the Board~ Ms. Cottrell had requested that the entire parcel be zoned Low Density Residential. Ms. Cottrell confirmed that and added that the City Staff had indicated their willingness to recommend that to the Board. After asking other questions and hearing Ms. Cottrell repeat prior statements, Mr. Lehnertz asked what wou~d make the site inappropriate. Ms. Cottrell again referred to conditions that might be on the site. For example, she said soil conditions might prove to be expensive to develop for a park site, such as the existence of muck or environmental circumstances. It is not likely those circumstances will exist, but Ms. Cottrell thought the language in the Compre- hensive Plan would preclude the use of any other portion of the site for a park that would prove to be more appropriate, less expensive, and more desirable by the City. Ms. Cottrell continued by s~ying it may be something will happen where the property will not be developed in the fore- seeable future~ and other things may occur b~tween the approval of this language and the development of the property w~re the City may find another location would be mo~e appropriate. Other property along the street may cone in for annexation, and the City may realize a property dedica- tion before this property comes in. In their policy for planning, Mr. Richter felt the City could choose a location for a site like this. However, he did not think it should be set in stone in the comprehensive Plan without them looking at what would go there. After explaining, F~r. Richter stated that they should give the owner and the Architects flexibility to work with the City instead of putting it in the Comprehensive Plan. He elaborated and then said he was in agreement with Ms. Cottrell that it should be more flexible. Mr. Richter read from page 4 of stated that a neighborhood park site should be dedica~ "either at the southeast corner of the property (adja~ the existing park site in the ~eadows PUD), or at the west corner of the property, adjacent to Lawrence Roa~ - 3 - the agenda backup~ wh.ch ~ed :ent to south- [.'' He MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 felt that gave the owner one more alternative, but he still thought it should be more flexible. Mr. Lehnertz stated that he would not mind modifying this fr°m a requirement to a recommendation. There was discussion about walking distances, parks, Lawrence Road~ and the fact that there are no plans for the property. RECREATION AND OPENSPACE ELEMENT Page 23 Mr. Cannon referred the Members to the geographic location of the neighborhood parks in that area, as shown on this page, and~he commented that this would be the best location. There was discussion. Chairman Walshak read paragraph 3, Appendix B, Planned Unit Developments, from the Zoning Regulations, and stated that he felt it was well defined. Mrs. Huckle referred to a policy in the Recreation Element of haVin~ a certain distance between parks. Chairman Walshak ~aid there is a policy about 1/2 mile to 3/4 of a mile, A mile is too far for people to walk. Chairman Walshak did not think they were going to change the policy. When the land is implemented into a PUD, Chairman Walshak ........ advised that the Board could then implement any policies of the City. This was not the time to do it. There was further discussion about regulations and flexibility. Mrs. Huckle wondered if they would get into any problem with regard to the policy that sets all of the other parks in the City at least 1/2 mile walking distance. She questioned whether there would be an imbalance. Mr. Cannon answered that it would not violate any policy or level of service (LOS). Chairman Walshak interjected that the imbalance would come when this property becomes a PUD. At that point and time, the City could tell them where they want the park. He thought they were adding another requirement on top of requirements. Mrs. Huckle agreed. Chairman Walshak asked if this particular language had been put in for any other properties in the City. Mr. Cannon answered affirmatively and called attention to N49 on this page, which is Sand and Sea Mobile Home Park. If this is a public park, Mr. zimmerman pointed out that one of the most important items is access by the public to it. This being on Lawrence Road gives that access. Accessibility is a big item in a public park. Chairman Walshak agreed but questioned why the City was saying this - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 was where a park should go before they even looked at the design criteria on the property. He questioned whether the same thing was being done on all of the other pieces of property, and he wanted to see some kind of consistency. Chairman Walshak asked if they were telling other people, "This is where you have to put the park." Mr. Cannon replied, "No. Not all of them." Mr. Blanchette arrived at the meeting at 9:40 A. M. Chairman Walshak did not think there was consistency. There was further discussion, and prior statements were repeated. Vice Chairman Collins asked Ms. Cottrell if she was satisfied with the compromise that came out of the meeting with the City. Ms. Cottrell answered that it was better than what the City Staff recommended before, but she still wanted the location requirement to be struck altogether. The PUD Ordinance does not require a developer to make a public dedication for a public park. Ms. Cottrell stated that they did not object to that language and would gladly do that, but the location requirement was onerous, and it went beyond what requirements for other developers have been. Ms. Cottrell said the City would be realizing a benefit from language they had no objection to it, "that the park site be dedicated." That was beyond what the PUD requirements would be. FUTURE LAND USE ELEMENT 6.b. Knollwood Orange Groves Chairman Walshak read the last sentence in this paragraph, and Ms. Cottrell confirmed that she would like it to read, "Also, development approval for this property should include a requirement for dedication of a neighborhood park site." Mr. Cannon wanted the sentence to continue, as follows: " .at the southwestern or southeastern corner of the property°" Consensus of Board Mr. Blanchette felt the developer, and not the City, should design the property. Mr. Richter felt as Mr. Blanchette did, and he also thought the City would be opening itself up to litigation if they did not do it that way. Vice Chairman Collins agreed. He noted Ms. Cottrell said there might be MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 a situation which would cost the owner a lot of money. Chairman Walshak thought the wording of the sentence should stop after the words, "park site". The City has a Zoning Ordinance which addresses PUDs, and a policy is set which establishes parks. Once this becomes a PUD, the Board can recommend to the City Commission where they think the park should go. RECREATION AND OPEN SPACE ELEMENT Pag~ 23 If they tell one property owner and not another that he has to do this, Chairman Walshak wondered if the owner would not be harrassed. Mrs. Huckle had also questioned whether they were favoring one piece of property over another. Mr. Cannon again referred to the map on page 23 of this Element and said it defines where the City wants neighborhood parks to be dedicated, so they were not discriminating against any particular property. He called attention to N-48, N-49, N-47 and N-50 and then said it Would be better if they focused on just this site (N-48). Consensus of Board (Continued) Mrs. Huckle agreed there should be flexibility for this or any PUD that would come in. After elaborating, Mr. Lehnertz stated he would like to see language showing the developer where the City would like the park to go. He thought a recommendation as opposed to a requirement would be best. Mr. Zimmerman also wanted to see the preferred location represented. He was sure the City Staff spent a lot of time in making the consideration. Chairman Walshak thought the Board had five votes saylng the language should stop at "park site" PERIOD. Grove Partners, Ltd. Lee C. Summers, Attorney at Law, Siegel & Lipman, Crocker Plaza, Suite 801, 5355 Town Center Road, Boca Raton, FL 33486, said his client owns the site at the northwest corner of U. S. 1 and Old Dixie Highway. There is a proposal in the plan to change that zoning from C-3 to Special ~igh Density (SHD) Residential. Chairman Walshak asked for a consensus from the Board. The consensus was 7-0 that this property remain C-3. THE BOARD TOOK A BREAK AT 9:50 A. M. THE MEETING RESUMED AT 10:00 A. M. - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 COASTAL MANAGEMENT ELEMENT Pages 76-77, Table 24 Increasing SHD from 16 to 20 dwelling units per acre Chairman Walshak informed Mr. Cannon that this was the consensus of the Board at the last meeting. Mr. Cannon said there was still the issue of the extent the Board would allow for that SHD category and also the location and extent of any mixed use (MX) zoning district. Tying in with that would be the whole issue of height. ~age 77 - Land Use Map ~20 Chairman Walshak read under "Site Development Consider- ations", "Allow new car sales as conditional use ", and he asked if there was a consensus on all of these. Mr. Cannon replied, "No." Chairman Walshak wanted a consensus on anything left. As Chairman Walshak had thoughts on the SHD and MX Districts, Mr. Cannon suggested they leave those until last. FUTURE LAND USE ELEMENT Page 76, Area 3.k East Ocean Avenue between Seacrest Boulevard and~FEC Tracks - Greenacres Condominium Association Mr. Cannon reminded the Members that they had a letter from the President of the Greenacres Condominium Association requesting that their condominium be considered for Commer- cial land use. Ne informed Chairman Walshak that this is not in the Central Business District (CBD). Mr. Cannon said the City Staff recommended that a very limited Commercial Zoning District be allowed on Ocean Avenue. A Circle K convenience store is there. Boynton Greenery was there, and a few old houses and some small condominiums are there. This condominium does not front on Ocean Avenue, but they want to be included in the Commercial Zoning District. Mr. Cannon informed Mrs. Buckle that the condominium is in the R-3 zoning district. Mr. Cannon said the Greenacres Condominium Association is located across the street from the new ground level parking lot that was put in next to the Police Station. The City recommended that the Commercial zoning be limited to the MINUTES - PLANNING & ZONING BOARD BoYNTON BEACH, FLORIDA APRIL 15, 1989 properties fronting on Ocean Avenue and the multi-family parcels to the north, which includes the Greenaores Condo- minlum, be kept as multi-family. Mr. Collins asked what Greenacres Condominium Association's rationale was in making that recommendation. Since City Hall is being expanded, Mr. Cannon thought Greenacres Condo- minium Association felt it would be an encroachment on the neighborhood. Since Commercial is being allowed on Ocean Avenue, they feel it would be a further change on the character of the neighborhood. Greenacres Condominium Association feels like they will be boxed in. Consensus Mr. Blanchette thought the Condominium should stay R-3. Mr. Zimmerman thOught, by State law, it would take a 100% vote of the Condominium Association to disband the Associa- tion and let it go Commercial. He thought it should remain R-3. Mr. Lehnertz agreed. Mrs. Huckle wanted it to go Commercial. Chairman Walshak also wanted it to go Commercial, as the residents want. The residents live there and know what they want, and he felt the Board should concede to their wishes. Mr. Richter also wanted it to go Commercial. He pointed out that they are across from the City complex. Vice Chairman Collins wanted it to remain R-3. The consensus was that it should remain R-3. COASTAL MANAGEMENT ELEMENT Page 77, Land Use Map ~20 C-3 Property at South End of City Along U. S. 1 "Allow new car sales as conditional use on a minimum 2 acre site." The consensus of the Board was to agree with this. Pages 78-82, "Land Use Implementation" Building Heights Chairman Walshak informed Mr. Cannon that a motion was made by the Board and it is on the City Commission's agenda for Tuesday~ April 18, to recommend that a referendum be held which would allow building heights greater than four stories in the whole coastal management area. - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Page 104, Policy 8.10 Mangroves Just to the north of Harbour Hall Condominzums, along the Intracoastal, Mr. Cannon said there are small clumps of man- groves. Chairman Walshak did not think this was up to the City. The consensus was 4-3 in favor of keeping the man- groves. Mr. Blanchette, Mr. Richter, and vice Chairman Collins were in favor of destroying them. Page %05, Policy 9.1 Delete "Boat Ramps" at Intracoastal Park Site Waterway Since it is not known whether the park site will include boat ramps, the Board agreed 7-0 with this comment. Page 106, Policy 11.3 Mr. Cannon said this policy alludes to the fact that these non-conforming densities should be allowed to continue, but it should be stated very explicitly. Chairman Walshak thought it should be codified as quickly as possible to give people in Sterling Village, etc. relief. Chairman Walshak felt consistency between various Elements should be there. A Policy in the Coastal Management Area should also be reflected in the Land Use Element. The Board agreed with this Policy. Park near Hunters Run Band Shell By referendum, Chairman Walshak wanted to see the band shell built on the ten acre piece of land the City purchased. Mr. Blanchette felt that would be an ideal spot. Vice Chairman Collins thought there would be dissention from the people in that area, but he believed it would be a lot less in com- parison to what they had from the Hunters Run area. Mr. Zimmerman wondered what happened to the idea the first CRA had to have the band shell in the location of the new bridge. He recalled that the CRA was very strong about that, and it was in their development plan for the downtown area. - 9 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Chairman Walshak replied that it was dropped and was not presented again at any CRA meetings. Mr. Zimmerman asked if it would be possible to have %wo band shells. Chairman Walshak answered affirmatively, and he elaborated. Since monies to build the band shell were being addressed in the Funding Element, and since there had been so much objection to it at the Hunters Run site, Chairman Walshak had a feeling it would be ideally located on the ten acres. Since the money is there~ it would just be a matter of changing lines for the allocated money. When it was discussed by the CRA for the downtown area for the bridge, Mr. zimmerman recalled that %he noise problem was not much of a factor, because there is not too much Residential. Chairman Walshak advised that the consensus of the Board was to move the band shell from the park near Hunters Run to the ten acres the City purchased. This item will also have to be addressed in the Funding Element. MX District Chairman Walshak passed the gavel to Vice Chairman Collins and moved to create an MX District. He stated that the MX District should be defined as follows: Any use applicable in Residential or Commercial, and any combination thereof. Chairman Walshak stated that is already in the CBD. It has just not been defined as an MX District. Chairman Walshak had discussions with Mr. Annunziato and Mr. Keller, and they are of the opinion that the MX District is already in effect in the CBD. Chairman Walshak wanted this District established, and he said the designation would be MX (Mixed Use). With that would come no density requirements. Chairman Walshak explained to Mr. Lehnertz that the reason for that is that most of it is Commercial ground. Technically, anything you would build would be subject to height restrictions. The densities would depend on how high you were going to go. A lot of Residential probably will not be built, and Chairman wa!shak was only suggesting that the FLX District be in the CBD and extended northlto the Boynton Canal, which is only an eight block extension. Chairman Walshak asked Mr. Cannon to show the expanded CRA area on the map, and he called attention to the C-4 area. Chairman walshak said all he was doing was squaring it off, so the extended redevelopment area and the CBD area would have a common boundary (the C-16 Canal). - 10 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Mr. Cannon asked if Chairman Walshak was talking about just along U. S. 1 or between the Florida East Coast (FEC) and the whole area. Chairman Walshak answered that he was talking about between the FEC and the whole area, because it would only make sense in the Commercial areas. Mr. Cannon indicated a Residential area, and Chairman Walshak also wanted to include that.~ Mr. Cannon stated that it was R-3, north of the CBD, then there was a single family zoning district. Chair~n Walshak said the majority of people living in that area now would love to see an MX District come in. The areas are ~lirty and falling apart. The MX category would only enhance %he value of their property. Their properties are going downhill now. Chairman Walshak emphasized that there would be no density requirements on any building project in that area. He stressed that was important. It would be done on a performance standard basis, rather than the normal zoning. That would allow a developer in the CBD to present his plan to the Downtown Review Board (DRB), CRA, and City Commission for approval. He would not have to go through the variances he would normally have to go through if he was following conventional zoning, chairman Walshak stated that the deve~Qper would have to meet the South Florida Standard Building Code. He elaborated about the process. Chairman Walshak said the Board would still have the right to implement anything they want on a project coming through the system. He further commented. Mrs. Huckle asked how they would be addressing heights on this. Chairman Walshak aaswemed that they would not be. There was no way to address the height. The City now has a four story height limitation. ~rs. Huckle asked if he was recommending any maximum. Chair- man Walshak replied, "No." Chairman Walshak clarified that the open density was primarily because they do not know what the height restric- tions would be. If the City puts it on referendum for the CBD, then they can figure the densities. If the City Commission says six or eight stories, the densities will have to move. Chairman Walshak emphasized that the Board could not recommend heights. It has to go to referendum. Chairman Walshak explained that the Board would be recommend- ing to the City Commission that it go to referendum. It would be up to the City Commission to say they want six, eight, or ten stories. Chairman Walshak informed Mr. Cannon that the density would be in direct relation to the height of the buildings in the 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 CBD. The Department of Community Affairs (DCA) is not going to look for density in the CBD when the Board does not know what the height restrictions are. Mr. Cannon advised that DCA will want to know what the maximum intensity of use will be. The Comprehensive Plan will either have to fix the building height or the density, one or the other. There has to be some guidelines for the intensity of use. Jose' Aguila, former P&Z Board Member, asked how they will deal with a person who says what he wants to do, but he has no guldelines. He knows that he can propose anything and see what happens. The person will meet the various Boards and w~ll not be able to get a consensus among the Boards. Chairman Walshak interrupted to say the person would get a final opinion only from the ~City Commission. Mr. Aguila pointed out that the person would be solely at the mercy of the City Commission, and he felt that was dangerous. Mrs. Huckle agreed. Chairman Walshak did not think it was dangerous. He thought it would stimulate activity. Chairman Walshak emphasized that they would be putting this to a performance standard, such as the South Florida Standard Building Code, which has a "ton of restrictions." Mr. Aguila asked what that had to do with development. That has to do with how to build it, once it is established. Mr. Aguila told Chairman Walshak he was t:alking about a zoning matter not a building matter. Chairman Walshak said the aesthetics and minimum setbacks would have to be addressed on a project by project basis. The plan is being implemented in Vero Beach to bring back their CBD~ and it is working well. Walter Young, who imple- mented this in Vero Beach, is the same man who set the policy guidelines in Boca Raton. It is working and is acceptable to the DCA. If they do something like this, Mr. Lehnertz felt they should have a minimum lot size. Chairman Walshak did not think they should limit the property size. There was discussion about lot sizes and having no restrictions. Mr. Aguila thought it was a good idea, but he felt Chairman Walsbak should consider some basic minimums. He explained. When Chairman Walshak talked about who would look at this, Mr. Lehnertz noticed that the P&Z Board was noticably absent. He asked whether that was an oversight. Chairman Walshak answered that the P&Z Board would definitely look at it. The P&Z Board is the Downtown Review Board (DRB). The DRB - 12 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 was established under an Ordinance, which said the local P&Z Board can sit as the local DRB. Mr. Blanchette always believed professional designers should have some latitude of freedom to design a project witkout having their designs meet a Code. He expounded. There was discussion about the Code, processes, and resrictions. Chairman Walshak said they were talking about buildings that will be substantially large in nature. Mr. Lehnertz was not sure what Chairman Walshak meant by being judged on a performance standard. Chairman Walshak gave an example of a building being built which meets all of the applicable structural Codes. If the person who designed it can show his criteria and not necessarily Boynton Beach Zoning Ordinances for designing the building and another munici- pality has a good idea the person wants to put in his pack- age, ~he person will not need to get a variance. He can bring the application to the DRB. Chairman Walshak said a lot of things in the City's Zoning Ordinance may not be applicable in other municipal zoning Ordinances. This gives a developer an opportunity to say what he is suggesting, ge does not have to go through all of the variance procedures before presenting his package, but he mast maintain some standard of performance. Mr. Aguila asked how the developer would argue his point. Chairman Walshak answered that he would bring it to the City Commission under a performance standard. For example, if a five foot setback is required in a Commercial area, and a builder is only going to have a three foot setback, the Board could say they did not agree with that. Mr. Aguila asked what the builder's next step would be. Chairman Walshak replied that his next step would be the step he goes through normally (the DRB, CRA, and the City Commission). The builder would not hate to go through technical review on a variance. He would not have to get the variance first and then site plan approval. It would bring the development to the City Commission quickly. If the builder comes to the Board and there are 12 issues, 8 are agreeable, and 4 are not, Mr. Aguila asked if the builder would have to make any changes to those issues. He asked, "WOuld it become his option to change them?" Mr. Aguila questioned whether the builder could tell the City Commission that the City has no law that says he cannot do that, and if he cannot do that, he will sue. Chairman - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Walshak advised that the City faces that situation every time there is a meeting, when the P&Z Board denies approval. Mr. Aguila asked if Chairman Walshak was proposing that the City continue the same system. Chairman Walshak answered affirmatively and added that nothing is being eliminated. The conventional Zoning Ordinances would not be eliminated. On the bigger projects, Chairman Walshak was saying they could bring the packages through, and it would get the developer through quickly. It would be up to the Commission as to whether the project "would fly." Mr. Aguila felt that was where they would have to set some minimum site standards because somebody will ask how big they must get to skip the variance process. Mr. Cannon advised Chairman Walshak that all the Southern Standard Building Code addresses is building construction. He further advised that any development in the CBD would be subject to the CBD regulations. Mrs. Huckle inquired if there were any restrictions as far as a PUD, Planned Industrial Development (PID), or Planned Commercial Develop- ment (PCD) in the downtown development regulations. Chairman Watshak answered that they would be handled under the guidelines of the CRA. Chairman Walshak wanted to discuss minimums, and there was discussion. Mr. Blanchette did not think there should be any minimums. Vice Chairman Collins thought the idea was to stimulate interest in that area right away. What they were trying to d~ was streamline the process. He wanted to see some restrictions in terms of lot size. There was discussion about the size of a 1/2 acre and an acre. Chairman Walshak did not think anyone would develop 1/2 an acre. If they set a minimum of 2, 3 or 4 acres, they would be getting into the size they would like to see come in under this type of application. He stated that he would have no qualms with two acres. Mr. zimmerman thought the DCA would have to approve it. He said the DCA's main purpose is to control growth. Here, they would have no evidence that growth would be controlled in any way. Mrs. Huckle liked the concept for the downtown, but she did not like the expanded area. They were talking about eight blocks one way, but Mrs. Huckle pointed out that they were also talking about from the highway over to the Intracoastal, amd that would include a lot of residential property. Mr. - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Zimmerman brought out the fact that it would immediately change the usage if it were rezoned. He did not think they should even consider the area outside of the CBD. Mrs. ~uckle agreed. Chairman Walshak responded that it would be considered, because he was going to put it on the floor. Consensus on Minimum Property Size Chairman Walshak wanted a consensus on a minimum property size. Mr. zimmerman was not sure. Mr. Blanchette did not believe they should have a minimum. Mr. Lehnertz did not think four acres would be unreasonable, and he explained. Mrs. Huckle wanted to see a minimum, but she did not know what the size should be. In a City that has been developed, Mr. Blanchet~e thought four acres was a "huge chunk" of property. After furthsr comments, Chairman Walshak asked Mr. ~Blanchette if he would be satisfied with two acres. Mr. Blanchette answered affirmatively. Mr. Richter, Vice Chairman Collins, and Chairman Walshak also agreed to two acres. Density There were comments about height, and Chairman Walshak reminded the Members that a recommendation had been sent from the Board to the City Commission. He suggested 40 units per acre, because they would be going up. In Fort Lauderdale and West Palm Beach, there are 150 units per acre. There was discussion about height, the referendum, City Commission, DCA, and statements made by Mr. Keller. Consensus on Maximum Density Mr. Blanchette, Mr. Richter, Vice Chairman Collins, and Mr. Lehnertz agreed to 40 units per acre. It sounded reasonable to Mrs. Huckle. Without studying it and getting information from professionals, Mr. Zimmerman had no idea. Chairman Walshak commented that two professionals were present. The consensus was to go with 40 units per acre. Performance Standards Mr. Blanchette and Mr. Richter agreed on the performance standard principle. Mrs. Huckle and Mr. Zimmerman asked what they were. Mr. Cannon answered that typical standards would be meeting performance standards for road improvements, water service, sewage service, and public spaces. There was discussion. Mrs. Huckle remarked that the City already has - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACh, FLORIDA APRIL 15, 1989 that. In addition to that, Chairman Walshak said there are a lot of other things that the zoning calls, and he mentioned landscaping and parking requirements. Mr. Aguila stated that they did not want to do away with those. They just wanted to give flexibility. Chairman Walshak repeated prior statements. Mr. Cannon advised that they would have to adopt land development regulations within a year anyway, and they could thrash out the performance standards at that stage. In the Comprehensive Plan, Chairman Walshak recalled that they suggested using performance standards. Mrs. ~uckle referred %o the performance standards the Cit~ has and inquired why this would be different, and she mentloned some. Chairman Walshak replied that there are Zoning Ordinances on those. A performance standard would sa~ you should put in trees. A Zoning ordinance would tell you how many trees to put in. Mr. Cannon suggested that they may want to just endorse the concept at this point and codify those standards at a later date. There was discussion, and Mr. Aguila referred to property in Fort Lauderdale as an example. Chairman Walshak also explained. Mr. Cannon repeated his'suggestion. After further comments, the consensus of the Board was to go with a performance standard concept New Expanded Redevelopment Area Chairman Walshak suggested that this be pushed up to the C-16 Canal and maintain the CBD borders to the south. Mr. Cannon showed the areas on an overlay. Chairman Walshak stated that it~w0uld include the CBD and would expand it to the C-16 Canal. Mr. Lehnertz called attention to the residential property they would be taking in. Mr. Btanchet~e informed him that it is undesirable Residential. R~ferring to Happy Home ~eigh~, he said the lots are 20 or 25 feet ~ide. The~ w~e developed in the early '20s, and a lot of wood frame buildings that should be removed were b~ilt on the lots. This is a great time for development to go in there, but Mr. Blanchette did not think it would be do~e ind/vidually. Consensus on Extending the MX District to the C-16 Canal The consensus was 4-3 to extend the area. Mrs. Huckle and Mr. Lehnertz were against the extension. Unless this were 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 by action of the CRA to enlarge the redevelopment area, Mr. Zimmerman said he would not vote for it. Special High DEnsity (SHD) District Chairman Walshak said the two mangrove areas and a C-3 piece of property in the southern part of the City were eliminated. Mr. Cannon advised that some upland areas were developable on the parcel behind Gentleman Jim's. Mr. Lehnertz recalled that the Board bad agreed that the developable part of that could be SHD. Chairman Walshak explained that any R-i, R-2, and R-3 are applicable in the SHD District. Mr. Cannon informed him that it would not include hotels. Hotels would have to be specifically added. Right now, hotels are only allowed in the C-3 and the CBD zoning districts. Chairman Walshak definitely thought any R-l, R-2, and R-3s, or hotels should be in the SHD District. He reminded them that they were talking about the Intracoastal property. Mrs. Huckle pointed out that R-1 is single family homes, and R-2 is duplexes. Mr. Cannon apprised the Members that the density on the Land Use Plan is the maximum density. It does not say anything about the type of units, and it implies that you can have anything up to that density. Mr. Lehnertz did not understand how R-1 zoning and SHD could be consistent. After explaining, Chairman Walshak responded that you do not go down on categories. You go up on them. S~D would be allowed R-l, R-2, and R-3. Consensus After discussion, Mrs. Huckle stated that she would not go along with a single family designation being included in that. The consensus was to establish an SHD District (any R-l, R-2 and R-3). Chairman Walshak informed Mr. Cannon that hotels were also applicable. Mr. Cannon asked if the consensus was that there should be up to 20 dwelling units per acre° Chairman Walshak answered affirmatively. Mr. Aguila apprised the Members that hotels would allow a certain amount of Commercial use which R-l, R-2 and R-3 do not. He pointed out that now they would be allowing Commercial use as well. Chairman Walshak retorted that it would only be allowed in the hotel itself. 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Location of SHD District Chairman Walshak suggested the location be from Shooter's just a little south of Shooters north, and he added that the property is either vacant, R-3, or in the Commercial designation. Mr. Blanchette commented that only a little bit of it is Residential. Chairman Walshak stated that a little bit of Commercial is there. It would squeeze the Commercial south into the CBD, where it belongs. Chairman Walshak informed Mr. Cannon that he also brought the SBD District across the street to where there is a "big cement thing." Under this proposal, Chairman Walshak stated that all parks that are suggested would remain. Mr. Cannon indicated the area on the overlay and said the property on the west side of the tracks, where the Boynton Trailer Park is, and another area that runs between U. S. 1 and the Intracoastal, south of Bernard's were included. Chairman Walshak pointed out the location of the District, which would go all the way north to Bypoluxo. Be repeated prior statements. Mrs. Buckle referred to Las Palmas, Dimick Road, Watersedge, and R-1AA zoning being there. Mr. Lehnertz commented that it was a big area. Chairman Walshak.told him he should look at what is there now and said it would allow for development of the property. Mr. Lehnertz called attention to the R-1AA. Chairman Walshak responded that it would be separated from the SBD District by the C-i6 canal, and he said Ocean Inlet and Shore Drive would remain there as a buffer. Watersedge is surrounded by two parks. Mrs. Huckle stated that the upper regions of the CBD area, after it is expanded, have homes along the canal that are R-1AA. She did not think that was such a good idea. Mr. Zimmerman drew attention to about two acres of vacant land at the end of Las Palmas that is zoned R-1AA. He thought if someone built to the height limit of an SBD District, it would entirely spoil that neighborhood. Be agreed with Mrs. Buckle that Las Palmas has been fighting against a lot less density than that, and they have been successful. Mrs. Buckle felt the traffic on their street would be enormously impacted. Consensus Mr. Lehnertz thought it should be done on a parcel by parcel basis. Chairman Walshak interrupted him to say he was asking - 18 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 for a consensus, and four members had already agreed to the consensus. Mr. Lehnertz had not heard a consensus. Mr. Blanchette, Mr. Richter, Vice Chairman Collins and Chairman Walshak agreed to the area described on the map. Mrs. Buckle and Mr. Lehnertz did not agree. Mr. Zimmerman commented that there were some areas he did not believe should be included. Discussion Chairman Walshak asked if anyone wished to discuss anything else in the Coastal Management area. Mr. Lehnertz thought the last few actions of the Board would really mess things up for a lot of property owners and homeowners. When they start proposing changes, Vice Chairman Collins stated that it will affect other areas too. A lot of people will not like it, but time brings on changes. Things cannot stay the way they have been. Motion To Approve Coastal M~nagement Element Mr. Richter moved to accept the Coastal Management Element as presented and as amended by the Board. Mr. Blanchette seconded the motion, and the motion carried 4-3. Mrs. Buckle, Mr. Lehnertz, and Mr. Zimmerman voted against the motion. THE BOARD TOOK A BREAK AT 11:25 A. M. The Meeting resumed at 11:35 A. M. UTILITIES ELEMENT Letter dated April 14, 1989 from CH2M Hill, Hillsboro Executive Center North, 800 Fairway Drive, Suite 350 Deerfield Beach, FL 33441 Mr. Cannon called attention to this letter and said CH2M examined the recommendation for the 120% of the previous year's expenditures. They found that the City is already putting in $10,000 a month for the renewal and replacement of the water and sewer systems. As no money has been drawn out of that account, there is currently a balance of approxi- mately $2,000,000. Consensus Mr~ Cannon drew attention to the 2nd page of the letter, which was written by Rebecca Pickren, Economist. The - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 engineering firm of Post, Buckley, Schuh and Jernigan had recommended that the City set aside the $10,000 each month. The Members agreed with the recommendation. Page 3 of the Letter from CH2M Odor Control at Regional Waste Water Plant CH2M Hill recommended that the City not include any policies or recommendations relating to odor control at the Regional Waste Water Plant. Mr. Cannon explained that Ms. Pickren's reason was that the City would not have full control over the issue because it has only 50% control of the South Central Regional Waste Water Board. Mr. zimmerman thought the recommendation was very appropriate. Chairman Walshak wanted to see the odor control left in. He thought Hunters Run and neighboring communities had the right to hear the P&Z Board Members for their City say there should be odor control. Mr. Bl~nch~tte agreed. Chairman Walshak told Mr. Zimmerman that it did not make any difference to him whether the City did or did not have control. Boynton Beach would be expressing an opinion that they expect odor control to be a part of any e~pansion or any existing facilities. Mr. Zimmerman questioned whether the City could be sued if it did not comply with the plan. Mr. Cannon advised that it was not related to a level of service (LOS). Consensus Mr. Blanchette, Mr. Richter, Vice Chairman Collins, and Chairman Walshak thought the odor control should be left in. Mrs. Huckle read the verbiage recommended by Ms. Pickren, and Chairman Walshak voiced his objection, saying it was the same policy that was initiated when the Sewage Treatment Plant was built. He elaborated. Mr. Lehnertz agreed with Ms. Pickren's comments. Mr. Zimmerman thought they could leave the odor control in and then see what would happen. Chairman Walshak felt the consensus of the Board was to leave the odor Control in the Plan. Demolition of Wastewater Treatment Plant Mr. Blanchette noticed that the letter stated that demoli- tion of the old plant will begin in August and is to be completed by December, 1989. He doubted that it would happen but hoped it would. - 20 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACh, FLORIDA APRIL 15, 1989 The consensus of the Board was to go along with that policy. Page 5 of the CH2M Letter Sanitary Sewer Policy 1.4.2 Mr. Cannon said the City is already charging a capital facilities charge. This policy would state it explicitly. The Board had no problem with that. ~rainage Policy 2.1.4 Mr. Cannon told the Members this language was added because if they do not say, "owned by the City", it might imply that the City is going to maintain the Water Management District and Drainage District canals. The Board agreed with this policy. Potable WaterPolic_~ 3.1.3 Mr. Cannon explained that this was a clarification of how the capacity of the treatment facilities is measured. Ms. Pickren added that the LOS for the water treatment facility is estimated for the peak population, with the systems largest unit process out of service. She defined the unit process as a technical term for a functional set of equip- ment in the plant. Chairman Walshak asked, "Peak population for whsn?" Mr. Cannon answered that it would be the peak population of the current year. This Policy was agreed to by the Members. Level of Service Standards Mr. Cannon said the LOS Standards changed slightly as a result of the revised population projections. The LOS for sanitary service changed from 87 gallons per capita per day to 90. Potable water changed from 187 gallons per capita to 200 gallons per capita per day. The Board had no problems with that. Mr. Cannon informed the Members that the dwelling units had been added up in the water and sewer service areas, and the changes were insignificant. SOLID WASTE SUB-ELEMENT Page IV-10, Policy 5.2.1 Page IV-ii, Policy 5.3.10 Mrs. Stella Rossi had suggested that the City not send - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 vegetative debris to the land fill or incinerator. The City should either chip and mulch it or have a contractor chip and mulch it. Development projects should not be allowed to burn the vegetative waste. They should be required to either chip and mulch it on site or contract to have it chipped or mulch it. There was discussion. Mr. Rumpf said the Solid Waste Authority has already planned the mulching program. They do not plan on continually fill- ing the space they have in land fills with that. Both processing plants will have the ability to handle those wastes separately. Chairman Walshak thought Mrs. Rossi's suggestion that the City contract it out was an excellent suggestion. He felt it would bring money back to the City. There was discussion about mulch, contractors, and the City. Chairman Walshak thought they should see if a contract is available. If not, the City would have to go to the County and let them take care of it. The Members agreed with that. Discussion Chairman Walshak asked if there was any additional discussion on the Utilities Element. When the old waste water treatment plant is demolished, he wished the City would seriously consider using it as a staging area to help in the construc- tion of the expanded redevelopment area. Mr. zimmerman said a lot of that is being used now as a nursery. Chairman Walshak clarified that he thought it would be an excellent site for construction materials when the tanks are demolished. Mr. Zimmerman questioned whether it would be necessary to have this in the Plan. After further comments, Mr. Cannon suggested that the best place to put it would be in the Land Use Plan. Motion Vice Chairman Collins moved to accept the Utilities Element as amended, seconded by Mr. Blanchette. Motion carried 7-0. The Members did not wish to take a lunch break, and Mr. Lehnertz stated that he would have to leave at 1:00 P. M. TEE BOARD TOOK A BREAK AT 12:00 NOON. The meeting resumed at i2:10 P. M. Mr. Annunziato and City Manager Cheney entered the meeting. 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Since the population changed and the commercial and land use projections are based on the population, Mr. Cannon said they found that the demand for industrial land and acres did not change significantly. The demand for commercial land did change significantly. Mr. Cannon checked on the per capita income and estimated that it will increase in the next decade. He thought that all of the commercial land in the City would be utilized. Special High Density (SHD) This was addressed in the Coastal area, but Mr. Cannon said there was a comment by the public that it should be allowed in certain areas outside of the Coastal area. Consensus There was discussion. Mrs. Huckle noticed in the paper that the Congress Avenue corridor was being considered, but the Board had not gotten into that. The consenus of the Board was that it be maintained in the Coastal Management Area. Letter dated April 5, 1989 from Daniel K. Corbett, Attorney at Law, Scheer & Corbett, Suite 302, 1901 Sout_h Congress Avenue, Boynton Beach, FL 33426-6556 Municipal Activities Center In his letter, Attorney Corbett suggested possible locations for activities centers. Chairman Walshak felt if the City wanted to put activities centers on those corridors, they could do so throught the procedures set up now. He did not feel the Board should fuss with it at this point and time. The Members agreed, although they thought it was a nice concept for the future. Mr. Cannon added that it would have to go through the Land Use Amendment Procedure Trailer Park Amortization Period ~a~e 48 Mr. Annunziato informed the Members that the Planning Department still did not get an opinion back from the City Attorney on this. If the Board decided to adopt this as amended, Mrs. Huckle asked if they should leave the ten years there and wait for future recommendations. She recalled that all of the Members thought it should be less than ten years. - 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Chairman Walshak advised that the Board wished to recommend amortization over a two year period. If the City Attorney disagrees, it can be changed at the public hearings before the City Commission. Chairman Walshak confirmed that it was in the Coastal Management Area. Mrs. Huckle stated that they were specifically talking about the Seaview Trailer Park. Page 51, 5th pa~graph - Mangroves In the Land Use Element and the Coastal Management Element, Mr. Cannon said it was suggested that the City or the Depart- ment of TransPortation (DOT) may want to acquire part of the mangrove hammock and use the upland portions for storm water retention for runoff from U. S. 1 and Boynton Beach Boule- vard. He further explained, and there was discussion. Everyone agreed to this except Mr. Lehnertz. page 71, Area 2.h Municipal Corridor Districts This was another concept endorsed by Attorney Corbett in order to encourage redevelopment. Chairman Walshak said this had already been done in the Comprehensive Plan. The only thing left hanging was the north side of Woolbright Road from Seacrest Avenue to 1-95. There was discussion about buffers, 14th Avenue, and heights. Chairman Walshak stated that Code restrictions were all that had happened. Mr. Cannon advised that the draft redevelopment plan and Comprehensive Plan recommended that the land use between 1-95 and Seacrest be changed to Office/Commercial on Boynton Beach Boulevard. There was no specific mention of a height limitation. Chairman Walshak stated that had been done. The Board again discussed Woolbright Road. Mr. Lehnertz wanted a height restriction because it would impact nice houses to the north. If they would take it to a full block depth, put in sidewalks, and force landscaping along the north edge, he thought two stories would be fine. He would not want to see two stories with a single lot. Chairman Walshak recommended that the corridor on the north side of Woolbright Road from Seacrest to 1-95 be increased to be bounded on the north by 14th Avenue. A stipulation should be put in that any development to those particular properties would include sidewalks to be put in on the south - 24 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 side of 14th, a five or ten foot landscape barrier, and a six foot wall to allow no access from those properties into a residential neighborhood. Chairman Walshak wanted the normal height restrictions allowable in the Code under that zone category. Mr. Blanchette thought there should be a height restriction of one story high on that corridor. Mr. Richter, Vice Chairman Collins, and Chairman Wa!shak thought it should be two stories. Mrs. Buckle and Mr. Zimmerman wanted one story. Mr. Zimmerman did not like to see that much Commer- cial on Woolbright Road but did not think one story would be good if it was rezoned Commercial. The consensus was that the block should be one story. N. W. 22nd Avenue Mr. Lehnertz asked about 22nd Avenue North. Mr. Cannon advised that the Planning Department recommend that they wait until the Interchange is built. The City should then do a study of that intersection. Once the interchange goes in, Mr. Richter commented that it will be a powerful corridor. Page 75, 4th paragraph U. S. Post Office, Boynton Beach Boulevard and Seacrest Boulevard The Plan recommends that the City allow parcels to be aggre- gated to allow for a neighborhood shopping center at that northwest corner. Mr. Blanchette advised that the government does not own that building. The consensus of the Board was to keep the language as it was in the comment. Page 79, Area 4.f. C-1 Zoned Properties in High Point Subdivision Al_on~ Seacrest Boulevard and S. E. 23rd Avenue The Planning Department recommended that building heights in this area be limited to two stories without any under build- ing parking. A resident of that subdivision commented that building heights in the subdivision should be limited to one story. The consensus was to leave it at two stories. Mr. Lehnertz thought it should be one story. - 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Page 87 Area 7.d Out Parcel of Boynton Beach Mall Mr. Cannon asked if the Board was recommending that tbs natural area be kept in its current state or if their recommendation should be conditioned on the outcome of the substantial deviation, where DeBartolo was asking that the extent of that natural area be decreased to allow for addi- tional parking and that the remaining natural area be managed so it will not continue to decline. There was discussion. Mr. Lehnertz thought the area should be left in its natural state and be maintained by DeBartolo. It was a 4-3 consensus of the Board that the out parcel not be preserved in its natural condition. Mrs. Buckle, Mr. Lehnertz, and Mr. zimmerman were against this. Pa~ 90 Area 8.a Boynton Beach High School on Undeveloped Portion of Lake Boynton Estates - Tradewinds There was discussion. Although they did not think it would happen, the Board agreed with this recommendation. Page 93, Area 8.J The Board had no problem with this comment. Page 93, Planning Area 9 Annexation Mr. Cannon thought the Board should decide whether the City should annex west of Lawrence Road. He said the City could efficiently serve all of the area out to Military Trail, but a County pocket might be created where there are some older subdivided lots. Mr. Cannon said the Planning Staff examined the parcels that front on Lawrence Road and the parcels that front on Military Trail. If the City went to Military Trail, the overall cost of providing Police patrol and garbage pick up would be greater than if the City just annexed those parcels on Lawrence Road. If the parcels remain outside of the City, Mr. Zimmerman noted they would pay a 25% surcharge on utilities. If they become a part of the City, the City will lose that 25%. Mr. Blanchette called attention to the three or four trailer parks. - 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Mr. Cannon thought the Board should take a position on where the line should be drawn. Chairman Walshak asked what the Planning Department was say~ng. Mr. Annunziato answered that there is a good reason for annexing properties adjacent to Lawrence Road on the west side because a lot of the City's public services can be cost shared. Consensus The consensus of the Board was 4-3 to keep Lawrence Road as the boundary. Mr. Lehnertz, Mr. Richter and Chairman Walshak were against this. Page 102, Policy 10.2 - Mobile Home Parks Mr. Cannon asked if the Board wanted to include all mobile home parks in the coastal area. The Board Members answered affirmatively. P~e 113, Policy 17.1 - Commercial and Industrial Uses "Do not allow additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map." Mr. Cannon read the Policy and said the words, "Do not allow" were to be changed to "Discourage". If you get into a Court of law, Mr. Annunziato said you will lose if you have the word, "Discourage", instead of "Do not allow." He thought they had leeway, based on access and mitigation. The other way, there would be no standing whatsoever. Chairman Walshak wanted the whole policy taken out. Mr. Cannon read the Policy again. Consensus Chairman Walshak asked for a consensus. Mr. Blanchette, Mr. Rich%er and Vice Chairman Collins thought it should be "Discourage." Mrs. Huckle, Mr. Lehnertz, and Mr. Zimmerman thought the words, "Do not allow", should remain. Discussion Mr. Lehnertz argued that a 7-11 could go up wherever someone wants to put it. Chairman Walshak was saying if someone has a piece of property, even if it was next to his (Walshak's) house, he should have the right to come before his elected officials with a variance request to do that. - 27 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 This would completely eliminate that right. In the Zoning Code, there is a variance procedure. Someone could apply for a change to the Code. Chairman Walshak expounded and emphasized that they would be eliminating the right to change. Mr. Lehnertz argued that they should look at pro- tecting other people's properties as well as the persons who want to do whatever they want. Mrs. Buckle asked why it was put in here. Mr. Annunziato replied that it allows people to apply for a land use, but there is a criteria that they have to meet. They have to meet a criteria that the access be great and that the impact be minimal. The definition of meeting those criteria would still rest with the opinion of the five elected officials. If they do not have a policy like that, Mr. Annunziato did not know how they would review applications. There would be no basis for review. If they have a policy that says, "Discourage," it will not make it before the Courts. Mr. Annunziato emphasized that this is one of the key policies for evaluating c~anges ~n la~d use. Decision Chairman Walshak made the decision by voting for the word, "Discourage." Page 91, Areas 8.b and 8.c - ACLFs Mr. Cannon explained that the Planning Staff thought there should be clarification on the Future Land Use Map where they are allowing the density bonuses. The density bonuses would be limited to ACLFs for the elderly. The reasoning is already in the Land Use Element. Since the City has such a high proportion of elderly persons, 95% of the demand will be for ACLFs for the elderly. Mr. Cannon thought that would take care of some of the demand and remove some of the objec- tions surrounding property owners might have. The consensus was 7-0 to agree with this. Page 47, 1st paragraph Mr. Cannon said the comment made by a member of the public that the Community Redevelopment Plans have to be consistent with the Comnprehensive Plan is already a requirement of the Florida Statutes. - 28 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Motion Mr. Richter moved, seconded by Mr. Blanchette, to accept the Future Land Use Element as amended. Motion carried 4-3. Mrs. Huckle, Mr. Lehnertz, and Mr. Zimmerman voted against the moti6n. THE BOARD TOOK ~ BREAK AT 1:05 P. M. Mrs. Huckle and Mr. Lehnertz left the meeting. Mr. Lehnertz had to go to work. The meeting resumed at 1:15 P. M. RECREATION AND OPEN SPACE ELEMENT Mr. Cannon told the Members that most of the comments related to revised figures provided by the City Staff. The revised figures were necessary ~n order to bring the numbers in the Recreation Element into line with the revised population figures. All of the comments followed by "(CS)" were techni- cal comments by the Planning Department. Mr. Cannon thought the Board should focus on the comments made by the public, which were followed by "(P)" Knollwoed Groves Chairman Walshak said the Board made a specific motion this morning, and that should be incorporated, where applicable, in this text. Mr. Cannon had already noted that. Page 51, 3.b. Beach Access Chairman Walshak read that an additional 705 feet of public beach would be needed by 1995. He noted that the 705 feet was to be changed to 584 feet, and asked how the City would obtain this. Mr. Rumpf answered that an analysis was done to show what would be needed, if the common standard was adopted. Mr. Cannon thought it might be advisable to suggest a lower LOS. Mr. Annunziato thought that would be appropriate. That way they would not be saying they will obtain 584 feet more. The City would be saying they would like to, but it would not be practicable, so the LOS would De what it is. The Members thought that made sense. Page 28, Table 7 Pa~? 51~ 3. "Facility Development" Skate Boards Mr. Zimmerman wanted to disregard this comment. Vice Chairman Collins made the recommendation because of what happened in the Town of Lantana. People approached the Town of Lantana, and Lantana is now providing those types of facilities. There was discussion about liability. 29 - MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 15, 1989 Chairman Walshak did not think there would be any more liability with skate boards than with. swings. The consensus was 4-1 to leave this comment in. Mr. zimmerman was against the comment. Page 52, 3.c. Boat Ramps Chairman Walshak observed that the additional boat ramps needed by the year 2000 was be changing from 3 to 2, and he wondered whether this could be obtained. Mr. Annunziato answered that there are several properties along the E-4 Canal, Girl Scout Park, and the Florida Power and Light Company property south of 23rd where they can get the ramps. Page 57,_3rd para~raphr 9th line - Scrub Habitat Mr. Cannon read the paragraph and explained to Chairman Walshak that the issue was whether the Board wanted to keep it at 25% of any habitat on a park site, which is a standard for all other property in the City. The 25% is mentioned in the Conservation Element. There were further comments. Mr. Annunziato informed Chairman Walshak that 25% is a regional policy, and the City has to be consistent with that. If someone had a one acre site, and 10% of it is scrub habitat, Mr. Annunziato told Chairman Walshak it would be 25% of the 10% and not 25% of the site. There were comments about the number of locations of scrub habitat. The Members unanimously agreed to the change~ Page 57, 3rd paragraph, last paragraph Scrub - Credit for ~evelopers Mr. Cannon said the issue as to whether developers should receive any credit toward the Parks and recreation dedica- tion when they are requi~ed to preserve scrub on site has already come up at the City Staff level. If it is scrub, Mr. Annunziato advised that it is not accessible. Chairman Walshak thought they should give the developers credit. Mr. Annunziato ~sked, "What if 25% exceeds the recreational requirement~s?'~ The developer would still need active recreation. He thought maybe the answer was that the developer could allocate a percentage of that acreage. Mr. Annunziato pointed out that they could very quickly strip out the active recreation, which is also necessary. There was discussion. - 30- MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Mr. Annunziato suggested that they say, "not to exceed a credit of more than 50%", so the developer would get some credit, but he w~uld still be required to put some active recreation in. He agreed that they did not want to penalize anyone, but he brought out the fact that they also did not want to remove the active recreation. There was more discussion. Mr. Annunziato explained that a lot depends on what is happening in the scrub. After the issue was further discussed, the Board agreed 5-0 with Mr. Annunziato's suggestion. Page 60, Policy 5 The Board agreed to this. Page 61, Objective 8 Page 61, Objective 8-1 The Board had no objections to the recommendations made by Mrs. Stella Rossi. Motion Mr. Blanchette moved, seconded by Vice Chairman Collins, to pass the Recreation and Open Space Element, as amended, to the City Commission for their approval. Motion carried 5-0. After explaining why he had to leave, Mr. Annunziato left the meeting at 1:45 P. M. and left the phone numbers of City Manager Cheney and George Hunt, Assistant City Manager, in case the Board got to the Capital Improvements Element. THE BOARD TOOK A BREAK AT 1:45 P. M. The meeting resumed at 1:55 P. M. CONSERVATION ELEMENT Page 25 C-3 zoned parcel at SW corner of 1-95 and Woolbright Road (letter from Dr. Grace Iverson) Chairman Walshak had serious doubts about the south side of Woolbright Road. He looked at the property, and it was hard for him to believe that was important. The north side was the Tradewinds property. That was where all the garbage was. Chairman Walshak asked if Dr. Iverson was a Consultant hired by the City or if she was hired by a Consultant. Mr. Cannon - 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 answered that Dr. Iverson is a Sub-Consultant, hired by Walter Keller. He explained that Walter Keller is not a Biologist. Chairman Walshak thought that then, Walter Keller should not do the Conservation Element. If Dr. Iverson had the expertise, the City should have hired Dr. Iverson. Chairman Walshak had asked if anyone from Mr. Keller's office had walked the sites, and Mr. Keller had informed him he took them off of aerials. Mr. Zimmerman commented that Mr. Keller's firm understands the Growth Management Act, while Dr. Iverson might not know that. Mr. Cannon advised that Dr. Iverson specifically pro- vides technical expertise, and she probably is not familiar with the Comprehensive Plan. Chairman Walshak expounded on expertise, and there was discussion. Chairman Waishak stated that the Consultant submits the technical information to the City, who puts it into appropri- ate form. He was talking about spending the taxpayers money. If the City hires a Consultant, the Consultant should have expertise in that field. Chairman Walshak said there is about 1/2 or 1/4 of an acre of scrub on the south side of Woolbright Road. It is around two dead trees, and he asked if they wanted to leave that as an "A" rated site. After discussion, Chairman Walshak said it was the southwest corner of the Tradewinds site. The vote was 4-1 to delete it from the list of "A" rated sites. Mr. Zimmerman voted against this. Page 59, Objective 3 - Acreage Preservation of "A" Rated Sites Mr. Cannon told the Members the 75% was referring to the overall acreage of the area in sites that the City should be striving to preserve through purchase, bonds, or transfer of development rights. It goes beyond the development of a particular site. After discussion about percentages, Mr. Cannon said this Objective ties in very closely with Policy 3.2, which was that the City should create a more detailed program for the preservation of "A" rated sites. The amount of acreage you could preserve would not be known until you could formulate a detailed plan, examining all of the possible sources of funding. Chairman Walshak asked where the 75% would fit into the overall scheme of things, and he gave an example. Mr. - 32 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Cannon answered that the 75% referred to the overall acreage. Some sites, such as mangroves, could not be touched, regard- less, so that would increase the overall percentage above 25%. There also may be sites the City can acquire by pur- chase. Chairman Walshak asked if it had nothing to do with a particular site. Mr. Cannon answered affirmatively. Chairman Walshak asked why that had to be an Objective because there is a policy that each site must save at least 25%. Mr. Cannon replied it is because it ~s possible that the City or Palm Beach County would be acquiring entire sites. The 75% would incorporate those publicly owned sites, where maybe 100% of a particular site would be preserved. Chairman Walshak expounded, and Mr. Cannon explained that this was an objective the City should b~ striving for, as far as the overall acreage of native habitat threugh the 25% dedication and by public purchase. The major maagrove stands will be preserved. When the Countywide Planning Council gets involved, Mr. Cannon stated that it is possible that there may be a trans- fer of development rights scheme, where entire sites could be preserved by shifting the densities west of town. Chairman Walshak gave another example and asked if the cumulative totals of all the 25%s would not add up to the 75 acres, he asked if they would tell the individual property owners they have to take another 10% to meet the cumulative total of 75~ the City has as a policy. Mr. Cannon replied that was why it was suggested that the 75% be changed to the maximum amount of acreage feasible because it would not commit the City to a particular percentage. Consensus Chairman Walshak stated that he would have no objection to that, if it would say keep 75%, provided that the policy of 25% of individual sites will not change. Then they would be giving people an idea of what they have to do. Mr. Blanchette could go with that, but he could not go witk the way it now was. Mr. Zimmerman asked what steps the City would take if it fell below the 75% at any time. Everyone agreed that was a good question. After further discussion, the consensus was to keep the 75%, provided that the policy of 25% of individual sites will not change. Pgge 59, Policy 3.2 Mr. Cannon said it was felt that the City should come up with a detailed program for the preservation of these sites. As - 33 MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 15, 1989 a result of that, the City would have a better idea of the total acres that could be acquired by the public through purchase or agreements with the County or by a transfer of development rights between the City and County. Chairman Walshak felt it would be creating more paperwork and Consultants. He wondered where the money would come from. Mr. Zimmerman asked how much of this was required by law. Mr. Cannon answered that the Plan has to address the preservation of natural areas. Chairman Walshak did not think they needed to have a detailed program on Class "A" rated sites. City policy addresses that. Consensus Mr. Blanchette and Chairman Walshak wanted to delete this. Mr. Cannon said the Countywide Planning Council has a Citizen Task Force that is attempting to come up with a detailed plan. If they wanted to present it to the City at no cost, Chairman Walshak said he would be for it. The City has four or five plans it created and has not adopted. After further comments, it was the consensus of the Board to delete this. Page 61, Policy 6.5 - Xeriscape Mr. Cannon said the policy in the Plan now states that 50% of the vegetation has to be xerlscape vegetation. It was suggested that native vegetation be allowed toward the 50%. The Members agreed with this. Page 62, Objective 8 Page 22, PolicyS~l Chairman Walshak wondered if the Code addressed this. Mr. Cannon answered that there are very vague guidelines. Basically, they state that landscaping has to be maintained and irrigated. Dan Boyar, 'who had made the comments under Policy 8.1, had suggested that the City look at the City of Hollywood's Ordinance. There was discussion. Chairman Walshak asked if this would come back to the Board before it would be codified. Mr. Cannon answered that the Board would have a chance to review any new regulations. The Board agreed with this. Mr. Cannon advised that a Consultant would have to provide the monitoring evaluation procedures. There were comments. Chairman Walshak asked why the City always assumes there - 34 - MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 15, 1989 should be a~Consultant. He inquired whether the City had in-house people, who could do this, and he alluded to the City Forester/Horticulturist and the Code Enforcement people. Mr. Cannon answered that virtually all of their time is occupied with reviewing site plans and inspecting sites. There was further discussion. Chairman Walshak suggested that maybe additional City Staff is needed rather than the City going to Consultants all of the time. Mr. Cannon clarified that the Consultant would write the procedures. He would not do the monitoring and evaluation. Mr. Cannon agreed to clarify the language. Page 59, Objective 3 Page 59, Policy 3.2 These comments were made by the Coalition for Wilderness Islands. The Board did not want to adhere to Objective 3. Mr. Cannon explained Policy 3.2. After discussion, the con- sensus was that if they could add Policy 3.2 with having to protect ~!1 "A" rated sites, the Board would not object to Policy 3.2. There were further comments. Page 60, Polic~ 3.4 Mr. Cannon explained the Policy. Chairman Walshak asked where the model Ordinannces were and if they would cost the City more money. He asked how the Board felt. After discussion, it was the consensus of the Board that the comment should be, "State that the City shall participate in programs and adopt model ordinances developed by the Palm Beach County Planning Council, for the purpose of protecting recognized county wide natural resources." (The rest of the sentence was deleted.) ~a~e 60, Policy 3.5 Chairman Walshak read the comment and remarked that the City does not have an Ecologist. If someone had an "A" rated site, he asked if they would need to have an ecological study. Mr. Cannon confirmed that was correct. He informed the Board that the policy was drafted by the Coalition for Wilderness Islands. There was a unanimous decision to delete this policy. Page 60, Polic~ 3.6 Mr. Cannon clarified that this stated that you would have to have a development proposal approved by the City before you - 35 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 could start bulldozing. After discussion, he gave an example of how the City may not be able to deny someone a permit to clear land as long as he replaces any tree on the land with another tree. There was further discussion, and the Board agreed to the following verbiage: "The City of Boynton Beach shall prohibit land clearing practices that destroy native Florida ecosystems (in whole or in part) prior to approval of development of the site." The Members further commented about permits and destruction of natural habitats. PaTe 60, Poliqy 3.7 There was reference to the 20 acre park. Mr. Zimmerman noted that the City is already doing this. The Board agreed with this comment. The Members looked at the list of sites. Motion Mr. Richter moved, seconded by Mr. Blanchette, that the Board present the Conservation Element, as amended, to the City Commission. Motion carried 5-0. Mr. Blanchette left the meeting at 3:05 P. M. because he had an appointment. THE BOARD TOOK A RECESS AT 3:05 P. M. THE MEETING RESUMED AT 3:10 P. M. Chairman Walshak thought the Board could hold the Housing and the Funding Elements could be held off until the first Regular meeting of the Board in May, because the City Commission's public hearing will be after that. INTERGOVERNMENTAL ELEMENT - Schools Mr. Cannon said the computer model accounted for all of the development that was allowed under the Land Use Plan that was originally drafted. That assumed that the property across Congress Avenue from the Mall would be developed at 7.26 units per acre. Mr. Cannon reminded Chairman Walshak that any industrial project would have to go through Develop- ment of Regional Impact (DRI) approval. He elaborated. Mr. Cannon said a lot of the comments were technical in nature. A lot of them came from the Director of Community - 36 MINUTES - PLANNING & zONING BOARD BOYNTON BEACH, FLORIDA APRIL 15, 1989 Improvement, and they concern housing and community develop- ment. Outside of the City Staff and Workshop comments, the only comments that were received were from the Palm Beach County School Board. Mr. Cannon said there were policies concerning racial balance, the provision of public ~mprove- ments for the schools, and the selection of school sites. Mr. Richter commented that City Manager Cheney had made some good comments. Chairman Walshak wished to add, as a matter of policy, the paragraph from City Manager Cheney's memorandum of March 24, 1989, which said it would be appropriate to include in such a public education element some language which would specifically provide for an opportunity for Boynton Beach's City Government and its citizens to be formally involved in the early planning and decisions of school boundary changes and the rules of poten- tial neighborhood schools in the life of the City and neighbork0od preservation. The Members agreed to this. Page 4 There was discussion as to whether the City is now an entitlement city. Mr. Cannon said the City has to reach the population of 50,000. The Members did not have any problems with any of the other comments. Motion Mr. Richter moved to accept the Intergovernmental Coordina- tion Element, as amended, and that they present it to the City Commission for approval. Vice Chairman Collins seconded the motion, and the motion carried 4-0. Housing and Funding Elements Chairman Walshak asked that someone call George Hunt, Assistant City Manager, or Peter Cheney, City Manager, to present the Funding Element. Mr. Richter thought the Housing and Funding Elements were serious Elements, and he felt the other Board Members should have a chance to comment. The Board told Mr. Rumpf not to call City Manager Cheney or Mr. Hunt. TRAFFIC CIRCULATION ELEMENT Pages 58 and 59, Table 20 4th Avenue Someone in the public had suggested the construction of - 37 MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 15, 1989 N.W./N. E. 4th Avenue from Galaxy Elementary School to Railroad Avenue. The right-of-way for 4th Avenue exists, except for a stretch about 1/2 block long between N. E. 1st Street and N. E. 2nd Street, so Mr. Cannon said the project would be feasible. If the Board endorsed this, it would be added to Table 20. After discussion about Boynton Beach Boulevard and redevelop- ment, Mr. Cannon said the redevelopment plan recommended that N. E. 4th A~enue be constructed. Chairman Walshak determined that the P&Z Board had already recommended approval of that in the redevelopment plan. Motion Mr. Richter moved to present the Traffic Circulation Element, as amended, to the City Commission for approval. Vice Chairman Collins seconded the motion. Chairman Walshak recalled that the Board stressed the necessity for quick action when the Countywide LOS Ordinance is enacted. He felt it was of the utmost urgency that the City go in for the exceptions, especially the exceptions of the corridor for the downtown area. Mr. Richter amended his motion to include Chairman Walshak's comments. Vice Chairman Collins seconded the amended motion, and the motion carried 4-0. Meetin9 Continued After discussion about dates, Chairman Walshak announced that this meeting would be continued until the Board's regularly scheduled meeting (Tuesday, May 9, 1989 at 7:30 P.M.). ADJOURNMENT The meeting properly adjourned at 3:25 P. M. Patricia Ramseyer // Recording Secretary ~ (Six Tapes) - 38 -