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Minutes 04-12-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD PUBLIC HEARING ON PROPOSED COMPREHENSIVE PLAN HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, WEDNESDAY, APRIL 12, 1989 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Gary Lehnertz Marilyn Huckle Daniel Richter Carl zimmerman Murray Howard, Alternate Carmen Annunziato, Planning Director Tim Cannon, Senior city Planner Mike Rumpf, Assistant City Planner Chairman Walshak called the meeting to order at 7:35 P. M. Following the Pledge of Allegiance to the Flag, he introduced the Planning Director, Members of the Board, and the Planning Staff. Chairman Walshak recognized the presence in the audience of Commissioners Arline Welner and Lee wische. AGENDA APPROVAL Mr. Richter moved, seconded by Mr. Lehnertz, to accept the agenda as presented. Motion carried 7-0. MINUTES Mrs. Huckle called attention to the minutes the Board had received, which had not been approved. Chairman Walshak asked that they be put on the agenda for the next meeting. COMMUNICATIONS AND ANNOUNCEMENTS Mr. Annunziato made the following announcements: ao Public Hearings on Proposed Comprehensive Plan, before City Commission: April 25, 1989, May 3, 1989 and May 16, 1989 at 6:00 P. M. in the City Commission Chambers Intent to hold and Advertise Public Hearings on Proposed Comprehensive Plan before City Commission prior to adoption of plan Continuation of this Public Hearing through Saturday, April 15, 1989 at 9:00 A. M., Commission Chambers, Prime Bank Plaza Chairman Walshak doubted that they would finish this evening, and he wanted to finish before Tuesday, April 18, 1989. - 1 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 Therefore, he thought they should continue the public hear- ing through Saturday, April 15, 1989. He proposed that they start at 9:00 A. M. and work until they get finished. The Members agreed to this. Time Limit on Tonight's Meeting Vice Chairman Collins suggested that they go until 10:00 P. M. tonight. If there was only a small amount to finish, he recommended that the time be extended. This was accepted by the Members. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARING: Proposed Comprehensive Plan (continuation of hearing from March 22, 1989 meeting) Chairman Walshak announced that persons wishing to speak were welcome to participate in any item being discussed. He said the City would read the issue, the Board Members would discuss it, and it would be opened up to the public audience. After that, the Board Members would discuss it again. Knollwood Groves ~roperty Chairman Walshak read a letter, addressed to the Board, from Anna Cottrell, Project Manager, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 600, The Concourse, West Palm Beach~ FL, that was handed to him tonight. (Said letter is attached to the compilation of all comments received by the Planning Director by April 18, 1989, which is in a bound book in the Office of the City Clerk.) Chairman Walshak opened up the public hearing and asked if anyone wished to speak on any item covered in the Comprehensive Plan. Anna Cottrell, Project Manager, Urban Design Studio, (author of the letter just read by Chairman Walshak), said Urban Design Studio represents the contract purchasers for the Knollwood Groves property, which is located approximately in the southeast corner of the intersection of Hypoluxo and Lawrence Roads. She indicated the location on the overlay and said a portion of the property had already been MINUTES BOYNTON PLANNING & ZONING BOARD BEACh, FLORIDA APRIL 12, 1989 designated on the Comprehensive Plan as Low Density Residen- tial. The largest portion (85 acres) was still designated as Agricultural. As the letter stated, Ms. Cottrell proposed that the Members consider a request for a redesignation of the property to Low Density Residential as part of their effort to amend their Comprehensive Plan. The Low Density Residential is consistent with what is already happening in the area. Ms. Cottrelt anticipated that there would be a proposal for a rezoning to a Planned Unit Development (PUD) as soon as the company's planned amendment is effective. The PUD proposal will probably include a density somewhat lower than the 4.84 that the Low Density Comprehensive category will allow. There will probably be a mix of unit types~ the largest portion being the conventional detached unit, possibly some p~io h0mes or attached units. No master planning effort has been done yet, but Ms. Cottrell said there is some idea of what the ultimate development of the property probably will be. With respect to proposed language in the text of the Comprehensive Plan regarding the location of a future park site at the Knollwood properties, Ms. Cottrell understood that the City was proposing language that would request that a park be located within a certain area of the southwest portion of its property. It was their desire to see that language contain enough flexibility that they could make a design of the property and meet the recreational needs of the future residents there and the City's as well. Another location may prove to be more appropriate. In drafting the Recreation and Open Space Element, Mr. Cannon said they looked at the undeveioped properties that are in the City or could be annexed to the City. They then looked at the existing pattern of neighborhood parks and tried to come up with an optimum pattern for both existing and future neighborhood parks. M~. Cannon said they tried to come up with an arrangement where they would be n6 more than one mile apart from each other. If this property is developed and a neighborhood park is placed at the southwest corner, that park could serve other projects on Lawrence Road. It would be within walking distance of the single family project to the south of it; Whispering Pines, if it becomes developed; and the properties on the west side of Lawrence Road, if they are ever annexed into the City. Mr. Richter asked if he was saying there was no flexibility for the developer. If the language is adopted, Mr. Cannon MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 said it would compel them to dedicate acreage at the south- west corner of the property. Mr. Richter thought it would be better to give them more flexibility. Mr. Cannon reiterated the basis for the recommendation, and he showed where other parks in the vicinity would be. A park was dedicated at the western border of The Meadows. As a result, Mr. Cannon stated there was no neighborhood park that would serve the properties on the northern end of Lawrence Road. That was why they chose this particular location. There was discussion about different location~ and t~e walk- ing distances. Mr. Cannon emphasized that this was not the only place in the Recreation Element where the City chose a neighborhood park site, and he indicated other locations. If they adopt that into the Comprehensive Plan, Mr. Richter pointed out that it would more or less be set in stone. Mr. Cannon informed him that it could be changed every year. When areas are designated, Chairman Walshak asked if property owners are asked if they are willing to dedicate or sell the property. Mr. Annunziato answered that the subdivision regulations require that acreage be dedicated or that money be given to the City commensurate with the number of units to be constructed. The City has the choice of taking money, land, or a combination thereof. It can be very much involved and perhaps even dictate where the land should be, as it relates to other Comprehensive Plan policies. In this instance, the City has a level of service (LOS), which relates to walking distances to neighborhood parks. Mr. Annunziato explained to Mr. Richter that if the ~eveloper dedicates the land for parks, the value is retained in units. He felt this was probably not an onerous requirement. Mr. Annunziato explained, and then added that the LOS the City · s attempting to obtain is 1/2 mile, where possible. There was discussion. Mr. zimmerman thought it would be advantageous to the developer, before he starts planning which direction to go in and has an Engineer draw up a set of plans in an area that is not compatible with the City's idea of location. After further comments, Mr. Annunziato informed Chairman Walshak that the City retains the decision making authority for public recreation. He repeated prior statements. Mr. Lehnertz pointed out that it would be open to the public in general, as opposed to private recreation facilities, which would only be open to residents of that particular MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 area. If they develop private recreation on site, Mr. Annunziato advised that the developer could receive 1/2 credit against them. For example, if a developer provides private recreation, his obligation would be reduced by 50%, but he would not be exempt from the impact of land, dollars, or botk. Mr. Annunziato further explained and gave examples. Mr. Lehnertz asked if the City has a general principle that the land in this area should have two to three units per acre. In the 1986 Comprehensive Plan, Mr. Annunziato said there were concerns about utility capacity and the overall intensity of use in this area because of the larqe lots. The City has now overcome the utility issue, as r~flected in the Utility Element. The large lot issue is no Longer an issue and is not being promoted in this recommendation. Ms. Cottrell interrupted to say the Board would have the opportunity to review the proposal when it comes in for rezoning to PUD. She was not suggesting that the require- ment for the dedication of park land or recreational facilities or payment in lieu of that was onerous. She was asking that they have the opportunity, and that the City should have the opportunity as well, to look at the future needs when this development actually takes place. Property is set aside for a park in The Meadows, which is contiguous on the southeast boundary of the Knollwood property. Ms. Cottrell suggested that perhaps the City might feel there would be an Opportunity at a later date to aggregate certain property and realize more opportunities for the provision of recreation or park facilities. Ms. Cottrell did not think the location of the park was pertinent to what they were asking, which was simply a designation for the land use. She wanted more flexibility in the language about the location. Ms. Cottrell did not want to be in a position, when they come in for rezoning or replatting, where they will have to amend the Comprehensive Plan because it is a very long process and could cost the developer some time. Mr. Richter thought the language could be more flexible. Mrs. Huckle observed that the Land Use Element pertaining to this development spells out that the property should be developed as a PUD, and any buildings constructed on the parcels should be limited to a maximum height of two stories (25 feet) within 150 feet and three stories within 4D0 feet of any existing planned single family lot. She asked if MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 the height would impact on Ms. Cottrell's client's future plans as far as height. Ms. Cottrell thought it was consistent with what Ks already in the area. Mr. Cannon said the City chose a site on Lawrence Road because it appeared that in the future, there would be a need for a park to serve the projects along Lawrence Road. It is better to have parks in highly acceSsible locations. A park at this location could serve Lawrence Groves, Whisper- ing Pines if it is annexed, the property in question, and the properties on the west side of Lawrence Road if they are annexed. Because those properties are in the County, they have not had to dedicate park land. If they combined this park with the park in The Meadows, as Ms. Cottrell suggested, Mr. Cannon said it would leave a lot of projects he mentioned without a neighborhood park. Chairman Walshak thought they could probably set up arrange- ments with the property owners being annexed to furnish their own neighborhood parks. Chairman Walshak asked how Ms. Cottrell would like the language to read. Ms. Cottrell wanted to see the lamguage include a requirement that the developers of the property cooperate with the City in furthering the goals and policies of~.the Recreation or Public Park Element of the Comprehensive Plan. That ~ould ~nclude language that would require land ~edication rather than p~yment of fees, or the other type of e~uirements within the City's Subdivision Code. The only objeetioh the owners had was the location criteria imposed as part of the text for the Comprehensive Plan. Chairman Walshak inquired whether it would be possible to arrange language ~o that effect. Mr. Annunziato replied that t~e Planning Department made a recommendation. The Board could accept or not accept the recommendation. Since it was a big p~ece of property, Chairman Walshak was talking about Urban Design Studio sitting down with the Planning Department and coming up with some language that would be helpful to them but which would still be in the best interest of the City. After discussion, Chairman Walshak repeated his suggestion. After further co~ents, Mr. Annunz~ato agreed to discuss it and said he would give the Board an answer on Saturday, April 15th. - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 Stella Rossi, 625 Whispering Pines Road, had a statement from Fred Cichocki, Chairman, Coalition for Wilderness Islands, 129 N. W. 12th Avenue, Boca Raton, Florida 33432, which she read to the Members. Mrs. Rossi asked that the recommended policies be included in the official record of public comments on the Comprehensive Plan. (Said state- ment is reflected in a compilation of all comments received by the Planning Director by April 18, 1989, which are in a bound book in the Office of the City Clerk.) Solid Waste Sub-Element Mrs. Rossi observed that there is talk about landfills, and she said they should turn their thinking around. She was not sure whether it was mandated by the County or State, but she said the City should mandate to reduce, reuse, recycle, recover and, as a last resource, landfill. Mrs. Rossi wanted Boynton Beach to develop a yard debris program. Yard debris or vegetative matter should never enter the solid waste disposal stream. Yard debris could be turned into mulch either by the City or a private contractor and reused within the City or sold to regain some of the cost of chipping and making mulch. Mrs. Rossi wanted Boynton to encourage no open burning in urban areas or within the City in land clearing projects. The developer should be required to contract to chip and mulch. Page E-18 At the top of this page, Mrs. Rossi wanted "tree prunings, grass clippings, leaves, or yard debris" added to the list of things that can be recycled. Page IV-10 GOAL 5.0 Objective 5.2 Policy 5.2.1 Mrs. Rossi called attention to a list about solid waste collection systems and said land clearing should be added to the list, because she thought the City should provide for chipping and mulching of vegetative matter. It should not be sent to land fills. If that was not the place for her suggestion, Mrs. Rossi suggested that a place be found. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACh, FLORIDA APRIL 12, 1989 Policy 5.3.4 Mrs. Rossi wished to add here that the City contract with a company to chip and mulch tree trimming materials or what- ever for recycling within the City for purchase by citizens. Solid Waste & Recycling in West Linn, Oregon Mrs. Rossi passed out a pamphlet on this to the Members. (A copy of said pamphlet is in the Board's folder in the Office of the City Clerk.) Slowing Down Process for Reviewing, Approving, and Passing the City's Comprehensive Plan John Corbett, of the Greater Boynton Beach Chamber of Commerce and the Palm Beach County Housing Partnership, a non-profit corporation devoted to studying and implementing programs to deliver affordable housing, told the Members he has been involved with the Comprehensive Plan Business Council, which is a private group that has reviewed the County's Plan. Since last Fall, he has spent several hours studying Chapter 163, Rule 9.J.5, and reviewing the County's Comprehensive Plan. He has also participated in the County's Advisory Committees. This afternoon, he was with the Department of Community Affairs (DCA) in Tallahassee to address the County's Plan. Capital Improvements Element Mr. Corbett informed the Members that the DCA's primary areas of concern are coastal management, capital improvements, conservation, and housing. He was not saying they were not interested in the other elements of the Plan. Mr. Corbett felt the City would be well advised to slow the process down at this point. He explained that it was only last week that the Capital Improvements Element became available to the Board and to the public, and it was not until April 11, 1989 that a supplemental package for the Capital Improvements Element was available. No Element in the Plan is quite as important as the Capital Improvements Element because they would be talking dollars. Mr. Corbett did not even have an opportuni%y to look at the Capital Improvements Element, and he knew no one else in the Chamber had. - 8 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 Capital Improvements Element and Traffic Circulation Element Mr. Corbett stated that the Capital Improvements Element certainly warrants very close scrutiny. He understood that it will not call for any new taxes. Based on the other plans submitted to the State, to attain any level of service (LOS) without increased revenues did not seem to be the rule of thumb. Mr. Corbett said the reason for that is a backlog of deficiency in the City's various infrastructure needs (roads). He felt the City had to get a good handle on the traffic performance standards being drafted and the input that the Traffic Oversight Committee is putting in tO understand what the County will expect from the roads and municipal boundaries of Boynton Beach. Until the City has a good handle on that~ the City will not know what LOS it can afford to mandats in its Traffic Circulation Element without risking either increased taxes or a moratoriu~ on develop- ment, neither of which are politically palatable solutions. Co~m~unity Redevelopment Agency (CRA) Referring to the CRA, Mr. Corbett noted that a workshop meeting is planned for Monday, April 17, 1989. Under con- sideration Is the concept of putting the CRA back in the hands of an appointed Board. Right no~, the Land Use Element of the Comprehensive Plan w©uld not necessarily be consistent with any redevelopment plan submitted by the CRA. Chapter 163 clearly calls out that th'e CRA, in adopting its plan for the redevelopment area, must be consistent with the Comprehensive Plan for the local unit of government. Mr. Corbett stated that the City has the old CRA plan, the CRA plan that was rejected in December, and the Boynton Beach beautification program that has b~en approved but not adopted. When the Comprehensive ~lan is submitted, he ques- tioned whether the City will want to tie the hands of the CRA and force itself to go through a Comprehensive Plan amendment within the first year of the Plan in order to adopt a CRA plan. Deadline for Comprehensive Plan Mr. Annunziato informed Mr. Corbett that the deadline for submission of the Plan to the State is June 1, 1989. ~ Based on the County's experience, Mr. Corbett said that could be delayed up to 90 days with no adverse affect on the City and without any penalty. He thought the DCA would rather see a higher quality plan, that would provide for more internal consistency between the elements and provide for adequate public participation, be 60 to 90 days late than to have the City meet the deadline of June 1, - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 If they would take an extra 30 to 90 days to discuss the Plan, Mr. Corbett did not know that they would be doing any disservice to the residents of the City. Referring again to Chapter 163, he said the public is to participate to the maximum extent in the Comprehensive Plan process. Mr. Corbett noticed that the Board had a number of public hear- ings. However, there were no copies in this room of any Elements available to the public. He suggested the possi- bility of some Citizens Advisory Committees. Housing Element Four or five months ago, Mr. Corbett met with Johnnetta Broomfield, Director of Community Improvement, and told her that, in his opinion, the Housing Element did not meet the minimum criteria. He had serious concerns about the data in the Housing Element. Mr. Corbett said the City is using 1980 census data and bringing it up to current data. The City's projections for future population and its needs for housing, based on the current percentage of population, as it relates to the County as a whole, is not consistent with the County's projection for future needs of affordable housing and the future population of the County. Mr. Corbett told Ms. Broomfield that the City should look at its data package. Mr. Corbett had offered his time to Ms. Broomfield. In reading the minutes of the CRA meetings, he was amused to read that she has talked to leaders and specialists in Housing, but he is recognized on a County wide basis as some- one that is well versed, and he has not been asked to participate at all. Mr. Corbett mentioned that he has read a lot about affordable housing. Conservation The County appointed an Advisory Committee on conservation that had a lot of representatives from the environmental side. It does not cost the City anything to tap into those resources, and it allows the public to have the maximum participation that the Legislature intended. Comprehensive Plan Mr. Corbett felt the City could end up with a better plan if they took a slower approach. If the process were slowed down, he thought the Chamber and he would offer to partici- pate to the maximum extent possible. - 10 MINUTES BOYNT~N - PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 12, 1989 Mr. Richter agreed that the City should expertise, and he agreed with him about ments Element. Mr. Richter elaborated. use Mr. Corbett's the Capital Improve- Mr. Annunziato thought Mr. Corbett understated the level of effort and understanding that went into the Comprehensive Plan Elements. He emphasized that the City has addressed the issue of roads. The City does not build County or State roads, but the City thinks it will have to ask for levels of service not consistent with LOS "C". It will have to take advantage of the exception clause and referen- dum which was approved several months ago. Mr. Annu~ziato said that very concise policy options were recommended and reviewed by the City, and the City knows what it is doing. Concerning parks and backlog, Mr. Annunziato said the recommendations that were made on September 1, 1988 Were to propose a system of neighborhood parks which related to the City's ability to construct improvements and buy land in developed and undeveloped areas. The City acknowledged that it would have to have varying levels of service based on detailed neighborhood studies for some 20 odd neighborhoods in the City. Neighborhood parks related to the realistic ability to provide services in acreage facilities by neighborhoods. Mr. Annunziato advised that the redevelopment plan, which was adopted by the CRA, is reflected in the Comprehensive Plan's Future Land Use Element, and there is continuity and consistency between the two. From the day that every Element was published, Mr. Annunziato said five copies of the Elements were put in the City Library for general circulation. Two copies were put on reserve, and three or four copies were made available to the Chamber of Commerce. Mr. Annunziato referred to Mr. Corbett's comment that no one had the opportunity to look at those documents, and he felt his (Mr. Annunziato's) state- ments told the whole story. Mr. Annunziato stated that the Capital Improvements Element would be longer in developlng. The City Commission is not holding just one public hearing. It is holding three public hearings, and it has scheduled potentially three meetings prior to its transmission of the plan, in addition to the public hearings. Mr. Annunziato commented that he has been involved in public hearings for a long time, and no matter what you do, they do not draw a lot of interest. He did not - 11 MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 12, 1989 know whether it was true that the City was not getting enough public input. The City has passed out dozens of Elements and has sold dozens more. The City has advised local governments, etc. Mr. Annunziato wanted to paint a different picture than what he was hearing from Mr. Corbett. Chairman Walshak had a tendency to agree with Mr. Annunziato, although he thought Mr. Corbett might have a point as far as the CRA was concerned. If the City Commission gives the CRA back to appointed Board Members, he wondered if a new standard for the CRA would be adopted that may be inconsistent with the new Comprehensive Plan. Chairman Walshak did not know what more they could do for public input, and he referred to the number of hours the Board had already worked in public hearings. This was the third time the public hearing had been extended, and there will be a hearing on Saturday, A~ril 15th. Chairman Walshak did not know if the hearing would be finished on. Saturday, because he had reservations on several Elements that he had not talked about yet. Chairman Walshak suggested that it may be advantageous for the Chamber of Commerce to write the City Commission a letter asking that certain ~members of the Chamber who have exper- tise in various areas of the different Elements be allowed to attend the public hearings on a consulting basis. After explaining, he stated that the Board is mandated by the City Commissi0~ to get this to them in a timely fashion because they are the final decision makers. Vice Chairman Collins thought the more controversial issues you have, the more tendency you have to draw the public. After elaborating, he pointed out that Advisory Committees would definitely slow the process down. After discussion, Mr. Annunziato advised that there would be no penalty, but the law states that the Plan is to be trans- mitted by June 1st. Mr. Corbett said there were too many changes, and the County was not able to meet its deadline and go through the public process. Mr. Annunziato pointed out that the County lost 3/4 of its staff. Mr. Corbett did not mean to insinuate that Mr. Annunziato and the City Staff overlooked anything in traffic. His comment was that there is currently a Traffic Performance Standard Oversight Committee on the County level. Traffic is where the County really got into it, and the areas of exception are still under consideration. Until they could - 12 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 see the Traffic Performance Standard Ordinance and informa- tion the City knows it will have to live with~ Mr. Corbett was saying that the City did not know where the County Commission would end up on the Ordinance. Mr. Annunziato responded that it will be at least 90 days past June 1st before they would have the Ordinance. Chairman Walshak understood the Ordinance would not be submitted until September, which would be 90 days after the City is required to submit the Plan to the State. Once the O~dinance Ks enacted~ Chairman Walshak recommended that the ~lty submit as quickly as possible the exceptions on its ma]or arterials going into the downtown area because they are now above LOS "C". He recalled that part of the referendum said there would be ma]or exceptions for the downtown and coastal management areas. Mr. Annunziato served on a Sub-Committee of the Goals and Plans Committee of the Countywide Planning Council, and they talked about the nature of exceptions. He argued very strongly in that Committee that requesting exceptions and granting exceptions should be the avenue of last resort. In the Comprehensive Plan, if any City or even the County formulates an analysis that it has no choice, that would form the real basis for those exceptions. Mr. Annunziato further explained. Mr. Annunziato did not believe the County or the State would be willing to reach in their pockets to the extent necessary to say the City could not have LOS "D", particu- larly if the local elected officials are willing to accept it. That is the argument that is in the Comprehensiye Plan, and he could not help but believe that would be how the Traffic Performance Standards Ordinance would read. Regard- less of whatever else happens, Mr. Annunziato stated that no one is going to stop everything. Mr. Corbett agreed. Redevelopment Plan Mr. Corbett noted that Mr. Annunziato commented that there is a redevelopment plan that was adopted by the CRA. Mr. Annunziato was informed that the plan was not adopte~ by the CRA. The current land use map of the Comprehensive Plan reflects the plan done by Plantec, and Mr. Corbett advised that plan was rejected by the City Commission. He did not think it would be adopted by either the City Commission or the CRA because the City Commission was right to reject it an December. Chairman Walshak repeated that he will express reservations he has on several elements on Saturday. 13 MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA APRIL 12, 1989 Capital Improvements Element and LOS When analyzing the Capital Improvements Element and looking at the cost of implementing the plan and levels of service proposed, Mr. Corbett said in this Legislative Session, there is an amendment to Rule 9.J.5 that will provide for the City to say by a specific year, they would like to have a LOS, but in the interim, they will allow LOS "X" which is lower than that. It will give the City the chance to generate revenue to pay for that. Mr. Annunziato added that oppor- tunity has always existed and was promoted by DCA over the last year. TEE BOARD TOOK A RECESS AT 8:55 P. M. The meeting resumed at 9:03 P. M. Capitol Improvements Element Page 44, Congress Avenue Community Park Maurlce Rosenstock, 1 Villa Lane, reminded the Members that several weeks ago, a large contingent of people appeared before the City Commission to discuss the expansion of this park. The objections at that time were not against ~he park. They were against an active as opposed to a passive park. That was only pertaining to the band shell and the batting cages. The people were afraid there would be a lot of noise and disturbance and that it would attract large numbers of people from other areas of the County during late hours of the evening. They petitioned the City Commission at that time to have the park development changed to exclude those elements. Mr. Rosenstock read, "The project will include development of the remainder of approximately 20 acres. The site contemplated includes expansion of the racquet c~n~e~, the addition of picnicking and playground areas, a miniature golf courser band shelter in gar~den area, replacemen~ of Senior Center and shuffleboard courts and support facilities." His remarks tonight pertained to only the band shell. Mr. Rosenstock noticed the batting cages had been removed. ge felt the band shell would be a detriment to the area. Mr. Rosenstock recalled that the people Wilda Searcy had represented wanted to see the ba~d shell in downtown Boynton Beach. In answer to a question posed by Mr. Blanchette, Mr. Rosenstock did not think there would be any objectio~ to - 14 MINUTES BOYNT ON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 12, 1989 picnickers bringing a band because that would usually be during the daytime. At the Commission Meeting, Mr. Rosenstock remembered that a genuleman claimed he did not represent Manor Park. Mr. Rosenstock apprised the Members that Manor Park Corporation is divided into two areas. Mr. Wagner, District Director of the entire operation, had asked Mr. Rosenstock to make the remarks that he made. Mr. Rosenstock stressed that he was not misleading the Commission at that time. Chairman Walshak asked why the docks were left out. City Manager Cheney answered that there was a question about where the property line was. The dockage had assumed a property line in the water further away from the City's shore than what the property line is. W~en the property line is where it should be, there is no space. City Manager Cheney advised that the Commission did not take action at that meeting. City Manager Cheney hoped there could be some experimental music activities on a temporary stage to see what the impact would be. He did not think if it was on a Saturday or Sunday afternoon, it would be a noisy detriment to the neighbors. Maybe it could be limited to just afternoons. City Manager Cheney suggested that maybe the answer would be not to have a permanent band shell but to have a portable one. It seemed like a great place for people to go. If specific lighting was not provided, Mrs. Huckle stated that it could not be used at night. Mr. Rosenstock asked how they would handle the parking of 500 cars in the area, and he questioned whether it would create a traffic problem for the people of Chanticlair and Palmland Villas. City Manager Cheney answered, "Not if the traffic comes in off of Congress Avenue." Mr. Rosenstock stated that the citizens are mostly concerned about evening events that might take place. As an example, he told of a party at the main clubhouse at Hunters Run, over 3/4 of a mile away from his home. He could not sleep because the band was outside. Mr. Rosenstock thought the Board aad City Commission should consider the people immediately adjoining the park, Golfview Harbour, Hunters Run, and all of the surrounding area. He thought they needed a park but felt the City should think about the noise and light being detrimental to those people. 15 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 Chairman Walshak attended that meeting and stated that he would have no problem recommending the elimination of the band shell from that park. He reiterated that he would state concerns he has on Saturday. Chairman Walshak thought the Shooters property on U. S. 1 would be an excellent place for a band shell. City Manager Cheney pointed out that those neighbors will complain. Being waterfront property, Chairman Walshak thought it would lend itself to that sort of activity. On Saturday, he was going to suggest that they go for a recreation area there with a band shell. There could not be any more noise than what is already there on Saturdays and Sundays because of Shooters. Chairman Walshak further commented. Mr. Lehnertz agreed with Mr. Rosenstock and explained. Mr. Rosenstock stated that nobody could have an objectiom to a temporary stage. Mr. Lehnertz preferred not to see a permanent band shell. If the band shell was aimed toward the railroad track and 1-95, Mr. Blanchette said it would not make a lot of noise. There was discussion. If there was a permanent band shell on U. S. 1, Chairman Walshak said it would lend itself to the north end community. He thought the Board would probably decide some time on Saturday. Meeting on Saturday, April 15, 1989 As City Manager Cheney would be on a bus trip, Mrs. Huckle wondered if George Hunt, Assistant City Manager, would be at the meeting. She hoped the Board would be finished by Noon, when City ~anager Cheney would get back. Chairman Walshak doubted that they would be finishe~ by Noon, and he suggested that they reserve that Element until the last Element to be voted on at the Saturday meeting. Chairman Walshak said the Board was going through the Elements and taking selected questions from them. If they put something about the Shooters property in the plan, City Manager Cheney advised that it will have to be addressed. Housing Element Mr. Cannon called attention to the revised pages of the Housing Element that the Members should have received and said they reflected the revised population changes. Mr. Cannon stated that he would be at the meeting on Saturday, and he thought they should save this for that meeting. - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 Utilities Element Letter from Daniel K. Corbett, Attorney at Law, Scheer & Corbett, P. A., 1901 SoUth Congress ~venue Mr. Annunziato called attention to this letter and said there were addenda to the Utilities Element because of the change in PoPulation. Agenda items There was a letter from the Greenacres Condominium, where they requested to be described as Low Intensity Commercial. There were also the City of Boynton Beach's organizational chart and the Resolution which adopted the job description of the Community Improvement Director. Community Improvement Department (CID) Chairman Walshak recalled asking several questions about the Community Improvement Department and how it is funded. Mr. Annunz~ato did not have the funding information and referred him to the organizational chart. He said the CID Department falls in the same line as Planning, Building, and Management Services, directly under the City Manager. Chairman Walshak now understood that Johnnetta Broomfield is a department head. His concern was that if she is a department head and works for the City Manager, she should draw her check from the City. Chairman Walshak understood that half of the money paid to Ms. Broomfield comes out of the CRA. Mr. Annunziato replied that it may be funded out of a trust fund. Chairman Walshak stated that it is coming out of the CRA's budget. He felt that somehow that was not right. If Ms. Broomfield is a City employee, she should be paid the way the other City employees are paid. Chairman ~Walshak was certain Ms. Broomfield was drawing benefits from the City, if she is a department head. Mr. Annunziato said the Utilities Director and City Engineer are funded, based on grants. Chairman Walshak agreed but stated that the Utilities Director is funded out of the City service fees, which is different. The CRA is a separate entity, set up by law, and their budqet is a separate budget. If she is a CRA Director, Chairman Walshak did not mind paying Ms. Broomfield out of that budget, but it would be like taking any department head in the City and paying for - 17 - MINUTES . PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 them out of the CRA's bUdget, and the CRA cannot afford it. if Ms. BroOmfield does not Work full time for the CRA, chai~rman Walshak felt she should not be paid by the CRA. Mr. AnnUnziatO stated that was a policy matter. Since it was part of the Comprehensive Plan and the City Commissioners may vote to remove themselves from thelCRA, Chairman Walshak thought this should be brought to sOmebody's attentiOn. ~ Annexation Study: Expanding the City's Boundary West of Lawrence Road, North of N. W. 22nd Avenue Mr. Cannon had presented this study to the Members. There was discussion about Mr. Corbett's comments. Chairman Walshak thought people should wait and see what happens. UTILITIES ELEMENT Mr. Annunziato commented that the City has not kept records of its expenditures. The City Engineer, at the timelthe bond was sold~ recommended to the City a dollar amouht on a monthly basis for maintenance. Post, Buckley has be~n recommending on a monthly basis for a long period of itime that the City budget $10,000 and put it into a trust ifor maintenance. The trust now exceeds $2,000,000. The!City is not able to tell how much of that is being spent forimain- tenance. He thought this would require additional a~alysis by the City Manager and Utilities Director, and it will be something the City Commission will end up deciding. !A figure will be arrived at. Meeting, Saturday, April 15, 1989 Mr. Cannon said they would come back to this Element Ion Saturday. Chairman WalShak thought the Board should look at each Element on Saturday and vote on that particular Element then. COASTAL MANAGEMENT ELEMENT Pages 72-74, Boat Ramp~ and Marina Facilities Mr. Cannon said this specifically meant salt water facili- ties~ and it was something Mr. Rumpf would look into and see if he can have an answer by Saturday. If they go by ~State - 18 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 standards, Mr. Walter Keller advised that it will show a horrendous demand for more facilities. After giving an example, he stated that the problem he saw with golng with standards was that they would probably have to look at a larger service area than just the City. He did not think the City could realistically meet the standard criteria unless the'City wanted a lot more facilities The DCA may ~uestion that the City does not have standards~ but if the City puts standards in there, they may have to comply with them. Mr. Keller said it is better to be less specific. Otherwise, the City will need to have more facilities. After discussion, Mr. Keller explained that if they try to draw a service area relative to the location, it will include more area than the City of Boynton Beach. He was afraid to put a standard in the plan. Mr. Keller thought it was more of a local policy issue as to how many facilities the City wants in its plan more than what the actual nee~ is. The City knows there is a lot more demand for ~u~rina facili- ties and boat ramps. Mr. Keller did not think the City could meet all of the needs. Mr. Keller told Mr. Blanchette that they did a survey on a Saturday morning five or six months ago, and 50% of the people using the boat ramp were outside of the City. It is a regional facility. After discussion, Mr. Annunzia~o advised that ~oat Ramp Park was funded by the State and Federal Government. The beach was funded solely by the City. Mr. Blanchette asked if the City can collect monies for Boat Ramp Park. Mr. Annunziato did not think th~ City was precluded, from collectihg a service fee, but he ~hought it should be collected from everybody. Mrs. Huckle asked what they were talking about when they talked about "standards". Mr. An~unziato answered t~at the City has specific standards for boat ramps in the Recreation and Open Space Element. Because the City's standard includes both salt water and fresh water ramps, the question was whether there should be a separate standard exclusively for salt water. Mr. Cannon thought there was also some discussion about whether a marine facility was necessary. There was discussion. If they do not expand anywher9 for boat ramps, Mr. Blanchette questioned whether the state would still tell the City there should be more boat ramps. It seemed to Mr. Annunziato that as long as the levels Qf service are supported by data and analyses, they cannot require any more. - 19 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 It was the consensus of the Board to leave this the way it was. Pages 76-77, Special High Density (SHD) and Mixed Use (MX) District Mr. Cannon said there were only two locations where the City could reasonably benefit from the Special High Density (the property on North Federal Highway, immediately south of Hypoluxo Marina, if it is developed for Residential and property coRsisting of approximately ten acres to the south and east of Bernard's Restaurant and the Via Lago develop- ment.) Chairman Walshak noted Mr. Cannon was totally eliminating the concept of any specific project or development anywhere in the coastal management areat such as somebody buying up a huge parcel of land and submitting a development plan. He did not think it was a question of the City saying where right now but thought it was a question of whether they would be satisfied with 16 units per acre if they created a SHD category. Chairman Walshak thought the City Commission should decide where to put it. The Board was deciding if they wanted the SHD category, which would m~an 16 to 20 units per acre. Mr. Cannon advised that there was a legal problem involved with regard to the State Comprehensive Planning Law. You have to define the geographic extent of your land use cate- gories and what the intensity of use is. That was why Chairman Walshak requested that they go to the Mixed Use (MX) classification in the intracoastal management a~ea. In the MX category, they can afford a developer the opp6rtunity to say they have a unity of title. Chairman Walshak explained and added that in an MX district, anything is capable of being built in a Residential or Commercial district. It takes the onus of going through the variance proceedings and Land Use changes away. Chairman Walshak elaborated. Mr. Lehnertz objected, saying he saw nothing in the comment about an MX district. Chairman Walshak advised him that he was out of order. Mr. Annunziato informed Chairman Walshak that they would have to define the intensity of use. It would have to be an upper limit, and there would have to be some geographic relationship to the land. They would have to describe some relationship between the land use and the proposed intensities of land use and suggest what kind of - 20 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 uses would be allocated to that land use. Mr. Annunziato did not totally disagree with the concept and felt it might take more thought than two months. When they did the Coastal Management, Mr. Keller thought higher densities in the coastal area would make things more potential for development. To Mr. Keller, 16 units per acre was not high density. In Broward County, it is called medium density, which is generally reflective of townhouses. Mr. Keller advised that they could take a portion of the area and set up a reserve unit area. A pool of additional units could be set up that could be offered as bonuses to projects meeting certain criteria that would warrant higher densities. In Broward County, they have reserve units. W~en a project comes in, they borrow from the reserve unit pool. It does not require a Land Use Plan Amendment. Mr. Keller suggested something like that in the coastal area may stimulate development and give an upper cap to what ~he City was talking about. Mr. Keller said the City has to have some control because they have to relate the properties to the surrounding properties. Mr. Annunziato asked how DCA reacted to increasing densities an coastal management areas. Mr. Keller answered that they do not like any density in the coastal area. In fac~, they are to do anything they can to reduce densities in the coastal area, but Mr. Keller did not subscribe that was in the City's best interest. For the most part, he thought the City's densities were low in the coastal area. With the densities the City has, a lot of projects coming in are two or three stories. A garden apartment complex might be called a high density when it is not. To some degree, having these lower densities makes it more difficult: for somebody to come in, aggregate parcels, and have the economic sltimuluS to redevelop them. Mr. Lehnertz preferred not to use Broward County as an example of what should be done in Boynton Beach. There was discussion about Broward County and units per acre. Mr. Keller observed that the City is trying to stimulate redevelopment in the coastal area. One thing Mr. Keller thought would be possible for the coastal area would be to get more population into the area. It would be good for the downtown redevelopment activities, and there has to be some density to make these things economically feasible. Mr. Keller reiterated his comments relative to setting up a pool of additional units. - 21 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 Mr. Richter thought what Mr. Keller said should be taken into account, but he felt Chairman Watshak's idea would create a lot of ideas that could come before the Commission. Chairman Walshak pointed out that they would be creating a new category. The MX District would address itself in Residential and anything in Commercial. Chairman Walshak thought' the question was whether 16 units per acre were enough in the SHD category. Mr. Zimmerman referred to the density an other areas and stated that they had to keep them step w~se the same. He did not see how they could go for that because there would be too big a gap. Chairman Walshak thought Colonial Club and Seagate had 22 units per acr~, and he thought oterling Village was higher than that. Mr. Richter suggested they use 22 units per acre. Chairman Walshak brought out the fact that there are already existing residential units higher than 16 units per acre. Mr. zimmerman pointed out t~at they are non-cosforming in the present land use. Chairman Walshak responded that they are non-conforming becauss they were built before the districts were created. Colonial Club has 22 units per acre. Chairman Walshak thought it was a nice looking project, and he had no objections to it. Chairman Walshak suggested they go to 22 units per acre. Mr. Blanchette and Vice Chairman. Collins were thinking of 20 units per acre. Mr. Blanchette explained that th~ ratio between developing property today and the cost of la~d would put 16 units at such a high price, they would be almdst unaffordable for most people. With regard to coastal management property, Chairman Walshak agreed. The mgre units that are there, %he less Mr. Bl~nchette Said it will cost per u~it. Mr. Richter also agreed to 20 units per acre. Mr. Lehnertz preferred 16 or 18 units but said he codld live with 20 units per acre. Mr. Zimmerman preferred that it be under 20 units. 20 units was OK with Mrs. Huckle. Chairman Walshak confirmed that they were just talking about the coastal area. He had suggested 22 units because they could put Colonial Club in the SHD category, and it w~uld eliminate any problems those people have. Mr. Annunzlato advised that it is not just Colonial Club that has p~oblems. In an MX District, he asked Mr. Keller how the City ~ould deal with the LOS. Mr. Annunziato also questioned how that would reflect on the Comprehensive Plan. Mr. Keller answered that the traffic analysis in the Comprehensive Plan is based upon a very wide mile. It is not based on looking - 22 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 at the specific lane uses and generating traffic for those specific lane uses. If they wanted to look at what the impacts would be, going from 16 units to 20 units or some other number, they would have to look at how many acres they are talking about increasing. Mr. Keller asked how many acres they were talking about. Mr. Cannon estimated that it was about 40 acres outside of the CBD. If it is 40 acres and they add 4 more units, Mr. Keller said that will be 160 more units. For apartments, you use a trip rate of about 6. If you get up to more than three stories, you can start lowering the traffic because, generally, the traffic impact on a higher density parcel is usually a little bit lower than a lower density parcel. Mr. Keller advised that they were talking about less than 1,000 trips, so he did not think it would have much of an impact. Mr. Annunziato asked, "What if it were a Mixed Use, and you enhanced the Commercial opportunity?" He inquired what the impact of intensifying land uses on the U. S. 1 corridor would be. Mr. Annunziato knew that question could not be answered now, but he wondered if it was a question they should be answering. There was discussion. Mr. Keller replied that the MX impact would probably be greater than the density impact. Commercial attracts a lot more traffic than Residential. Residential is thought of as what produces the traffic, and Commercial is thought of as the attractor. You have to have a lot of Residential to match the number of trips attracted by Commercial. A MX project with Commercial would be a much higher traffic generator than Residential. To some degree, Mr. Keller said they should try to do some balancing to provide more density to serve the Commercial and cut down on some of the curb lanes. TRAFFIC ELEMENT Page 55~ Mr. Keller was not quite that concerned with U. S. 1. While they are showing LOS "D", he thought it depended on which number they wanted to look at. Mr. Keller was looking at Table 19 of the Traffic Element. The traffic volumes on U. S. 1 for the year 2010 vary from 19,400 in the northern part of the City to a maximum of 40,600 in the downtown part. Mr. Keller remarked that those levels of service were not bad. He felt the City would probably have more traffic, - 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH~ FLORIDA APRIL 12, 1989 especially with redevelopment in the downtown, than what the computer model is telling them. If they implement a MX District and set the LOS at "D", in terms of issuing development orders, Mr. Annunziato asked if they could keep issuing development orders until they hit the capacity of "D". F~r. Keller answered that there could be several different ways of doing it. The end result is that traffic still has a long way to go. What they had to do in Broward County to make traffic work was extremely complicated. Mr. Keller thought the end result of traffic in Boynton Beach would be that they will revise the capacity to address what the State says the capacities are. Right now, the City is using capacities in the Element that Palm Beach County uses in its Traffic Performance Standards Ordinance and Treasure Coast uses in its Development of Regional Impact (DRI) reviews. In Broward County, the State made them use new capacities, which were considerably lower. They almost affect everything by a LOS. Mr. Keller felt they ~ould end up doing that in Palm Beach County, and it will lower the LOS on a lot of the roadways. Mr. Keller thought the City would have to set up a standard concurrency management system that may have different levels of service that they will adopt. On some facilities, they might adopt a LOS that says they will not do anything to lessen the quality of a road. If it is not programmed for · mprovement, they will maintain what is there. It will not get any better, but it will not get worse. Mr. Keller said they will then have to monitor development to make sure it does not degrade that facility. Referring to the eastern side of the downtown, Mr. Keller advised that right now, the County Ks projecting that there will not be that much traffic on the eastern side. He thought it would grow more than the County thinks, but that is the more urban corridor area, and the City probably should have more congestion in those areas than in some of the outlying areas that are less dense. Chairman Walshak interjected that there is now impact in the downtown, and he questioned how much redevelopment would push the impact up. The Department of Transportation (DOT) has programmed six lanes for U. S. 1 in Boca Raton. After other comments about DOT and Boca Raton, Chairman Walshak said he would like to find out what the long range plan is that DOT has for U. S. 1. Mr. Keller replied it is stated in the Traffic Circulation Element that it will ultimately 24 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1989 be six lanes. In most parts, some of that will just be restriping to remove the parking. Coastal Area and Redevelopment In answer to Mr. Annunziato's question, Mr. Keller said the Residential impact on increasing the density on 40 acres from 16 to 20 would be insignificant. If they took the same 40 acres and made half of it Commercial, the impact would be extremely significant. When they studied the Coastal Management, Mr. Keller said they did a lot of survey work. They surveyed all of the businesses. It seemed to them that the area was prime to get more density and units to help support commercial activities in the downtown and redevelopment area. There appeared to be a good opportunity for ~hat, if it was done properly, because it would be of benefit to the City. MX District W~en you talk redevelopment, Mr. Keller said you have to have density to make these things economically feasible, because nobody will touch it. He explained. Chairman Walshak commented that the beauty of a MX District is that it stimulates ideas as far as a blend of Commercial and Residential. Most of the projects being proposed are a combina~loD of Commercial on the f~rst floor and apartment dwellings ~on top. Mr. Keller informed him that a lo~ of projects he has been associated with where they tried that usually did not work very well. It is a planning idea that sounds great, but when someone tries to do it, it generally is not that successful. Mr. Keller advised that the MX projects that are more successful are when Commercial and Office or Hotel ahd Commercial are mixed. Chairman Walshak argued that ~hat he suggested is happening in Boca Raton. There was discussion about p~ojects in Boca Raton and Palm Beach. ADJOURNMENT The meeting properly adjourned at 10:20 P. Patricia Ramseyer I [ Recording Secretary~ (Three Tapes) - 25 -