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Minutes 04-05-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD MEETING -PROPOSED COMPREHENSIVE PLAN, HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA WEDNESDAY, APRIL 5, 1989 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Jose' Aguila Gary Lehnertz Marilyn Huckle Daniel Richter Nathan Collins, Alternate (Voting) Murray Howard, Alternate ABSENT Carl Zimmerman Carmen Annunziato, Planning Director Tim Cannon, Senior City Planner Mike Rumpf, Assistant City Planner Chairman Walshak called the meeting to order at 7:30 P. M. and there was The Pledge of Allegiance to the Flag. Chairman Walshak wished as follows: 1. Pledge of Allegiance to the Flag. 2. Agenda Approval. 3. Minutes. 4. Announcements and Communications. 5. Old Business. 6. New Business. Then there would be Adjournment. Mr. Richter moved, seconded by Mr. Lehnertz, to change the agenda as corrected. Motion carried 7-0.* Among those in the audience were Commissioners Bob Olenik, Jr., Arline Weiner, and Lee Wische; Peter L. Cheney, City Manager; Former Mayor Ralph Marchese; and Owen Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce° to change the structure of the agenda *No vote had been shown. See 5/9/89 ~nute s. CAPITAL IMPROVEMENTS PROGRAM AND CAPITAL IMPROVEMENTS ELEMENT City Manager Cheney said this was separated into two parts because the Capital Improvements Element relates to the other Elements the Board had in developing the Comprehensive Plan. In the Capital Improvements Program, all of those other capital improvement items either have been done, are in process or are proposed to be done in the coming year. City Manager Cheney said they could not just take the Element items required by Growth Management and not consider all of the others because they would not have a total package. - ! - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 City Manager Cheney said the book the Members had was a draft that was about 95% complete. It took a look at all of the levels of service (LOS) kinds of elements the Members had and discussed in the Comprehensive Plan up until tonight, and it took into consideration the LOS discussion the Board had with the City Commission. By Monday, April 10, summary pages, a final statement of estimated general fund revenue, and additional pages in the back of the book will be added. City Manager Cheney said both the Element and the Program were structured so that as far as the General Fund was concerned~ there were no proposed or required increases in taxes or millage, and none were proposed for a general obligation bond issue. There is a proposal for a Utility Bond issue, which will be paid for entirely out of utility capital improvement fees and impact fees and water and sewer normal revenue. City Manager Cheney drew attention to the third paragraph on page 2, which he thought was a very important paragraph because it capitalizes on what has been going on for four or five years before Growth Management Legislation was in effect. City Manager Cheney read the paragraph and then reminded everyone that the tax increase in the current year's General Fund budget was not 19%. It was 16.7%, but it was 10% of the ongoing annual operations. The additional was the 1/2 mill adopted by the City Commission to set aside for capital improvements. If that had not been done in this current year, a number of projects now in the Capital improvem~nts Program would not be there because the funding Mould not be available. Page 9 - Summary of Capital Improvements Element City Manager Cheney stated that those things in the areas of Parks and Open Space, Potable Water Element, and the Sanitary Sewer Element were there because of the Comprehensive Plan. They add up to $48,000,000. The first section of pages was further discussion on the Element, and there were individual project sheets for each project. Page 75 - Capital Improvements Program The section beginning on this page was the Program, and it included other projects that either were in progress or proposed to be constructed in the coming years. It is a five year program, and nothing was there that had not been discussed before. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Page 157 The last section began on this page. City Manager Cheney called attention to a number of graphs, called indicators, and he said they were indicators of a variety of analytical tools put there so the City could take a look at where it has been going for the past ten years. When the Members get the supplement, they will have a page for each indicator, which will give details of the actual figures that make up the graphs. Page 237 Appendixes that came out of the various documents the Members wanted to review, relating to Parks and Open Space, Water, Sewer and Drainaget began on this page. City Manager Cheney said the original documents would be delivered to the Members on Monday, April 10th, so they will be a part of the public hearing. The only thing not in the book was a final summary of revenue. City Manager Cheney commended George Hunt, Assistant City Manager; Sharon Randolph~ Administrative Assistant to the City Manager; other girls in his office; Tim Cannon, Senior City Planner; ~nd Mike Rumpf, Assistant City Planner, for putting the Element together. County School Submittal Chairman Walshak questioned whether the School Board was near its cap. Be saw where an impact fee from 1986 is coming on line next year. City Manager Cheney did not know but said an impact fee has been authorized for schools for some timer but it has not been implemented yet. County school funding is a State issue. The State largely controls the level of funding, taxes, and revenue for the school system. A newspaper article last week suggested that all but one of the County School Superintendents had agreed on a revised school funding formula. One might think, with that much agreement, the Legislature might pass it. City Manager Cheney elaborated about how complicated school funding is. He told Chairman Walshak the document the Members had, which was voted on, did not have to be a part of the Comprehensive Plan. It was just a document that had been given to the County and obviously rewritten by the School Board for cities. Chairman Walshak agreed with City Manager Cheney that it was one sided. If they have a - 3 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 document like that~ City Manager Cheney felt the City should have some input and have it balanced so everyone could agree to it. City Manager Cheney recalled that in February, the City Commission discussed having a joint meeting between the Commission and the School Board. That document might be a good vehicle to bring about discussion as to issues both are concerned with. MINUTES None. ANNOUNCEMENTS AND COMMUNICATIONS Continuation of March 22nd Public Hearing Wednesday, April 12, 1989 at 7:30 P. M. Commission Chambers, Prime Bank Plaza Mr. Annunziato reminded the Members of the continuation of this hearing and told the Members they would address the Capital Improvements Plan and Element in that public hearing. Between tonight and the time after the public hearing next week, Mr. Annunziato hoped the Board would be able to formulate its recommendation to the City Colmmission for the Comprehensive Plan. Regular Meeting of the P&Z Board, Tuesday, April 11, 1989 at 7:30 P. M., Commission Chambers, Prime Bank Plaza Chairman Walshak said a couple of things need to be discussed at the regular meeting of the Board on Tuesday, April llth. He thought they would be electing Officers and installing the new members who were put on the Board last evening by the City Commission. Two things Chairman Walshak thought should be agenda items for this meeting were: 1. Some way to streamline the applicants coming through, and the amount of time they spend in front of each Board. Chairman Walshak thought the Board had discussed it on two or three occasions over the last year, and he thought they should make a decision on what they should suggest to the City Commission. - 4 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Chairman Walshak thought the present $100,000 cap was too much, and he wanted to cut it to $50,000. If an appli- cant is under $50,000, he could go to the Technical Review Board (TRB) and get the application approved at that level rather than going through the whole process. Chairman Walshak thought the staff comments would be better accepted at that point and time, since most staff comments require expenditures of money. He h~ard last night that one applicant lost almost $60,000 in interest on a particular project. Chairman Walshak elaborated about the TRB. e Chairman Walshak wanted the Board to make a recommendation on the heiqht restriction in the coastal management area. He thought the Board should suggest to the City Commission that it go to referendum. He felt next year's election ~March, 1990) would be the most logical time for that, as it Would not cost the City any money. Public Hearing on April 12, 1989 At this meeting, Chairman Walshak wanted the Board to discuss the following: In the coastal management area, Chairman Walshak wanted the Board to create an MX (mixed use) District, as far as land planning is concerned. He explained that "mixed use" meant any of the commercial designations that are there now, any of the residential designations that are now there, or any combination of same. In doing that, Chairman Walshak thought it would afford developers and ~eople who want to accomplish things in the Central Business District (CBD) an opportunity to bring a package to the City Commission, saying what they propose to do. They would not have to go through the process of rezoning property on the outer peri- meter of that property. Chairman Walshak continued by saying they would have to establish a performance standard for this type of situation. An applicant would come in under the performance standard in lieu of the conventional method of a Zoning Ordinance. However, if someone wanted to rebuild, they could go to the conventional method. Vero Beach is having a lot of success with this. Chairman Walshak talked to Walter Young, Planner in Boca Raton. Mr. Young contacted the State, and the State saw no problems with this through the Compre- hensive Plan. Chairman Walshak thought it would make sense in the coastal management area. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 OLD BUSINESS None. NEW BUSINESS Review of Comments on proposed Comprehensive Plan, including comments from City Commission, Planning and Zoning Board, Public and City Staff Mr. Cannon referred to the memorandum dated April 3, 1989, from Mr. Annunziato to the Board, and he drew attention to revised Table II-2 on page 6B in the FUTURE LAND USE ELEMENT. He informed the Members that the year-round population at build out turned out to be about 78,000 rather than 94,000 and the peak season population at build out will be about 89,000 instead of 105,000, previously projected. Reserve Annexation Area Mr. Richter asked Mr. Cannon to point out the annexation area. Mr. Cannon said the City Commission adopted Lawrence Road as the western limit of annexation, even though the City is providing water service out to the E-3 Canal. Chairman Walshak thought the City Commission moved annexa- tion to the E-3 Canal. Mr. Annunziato informed him that last summer, the City Managers were meeting under the auspices of various County Commissioners to talk about what the future of urban Palm Beach County would look like. At that point, it appeared to the City Planning Staff that the City .should onc~e ~ain a~sert its position over its reserve annexation area, but there was a caveat. The position was if, and only if, as a part of a County solution to lncor- porat~ urban areas., the City would be interested in annexing out to the E-3 Canal. Mr. Annunziato said there has not been much progress on a County wide basis since last December, in terms of formulat- ing an overall County wide plan for incorporating urban areas which are currently unincorporated, but the City Commission amended its policy to consider those annexations to tee E-3 Canal as part of a County wide solution to incorporate urban areas. Currently, by Ordinance (being the adoption of the 1986 Plan), the western city limit is Lawrence Road. Mr. Annunziato explained to Mr. Richter that the City has a reserve annexation area, but the likelihood of annexing in - 6 - MINUTES - PL~NNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 that area, except north of the 22nd Avenue corridor, is very small, given the current State Statutes. If there was a County wide solution to incorporate these areas, it would likely require the County and the cities walking hand in hand to the Legislature and having the Legislature create a Special Annexation Act for Palm Beach County, which would allow the incorporation of these areas. Given the current state of the Statutes, Mr. Annunziato said it is very diffi- cult, if not impossible, to annex urban areas that are popu- lated. It requires a joint referendum for the area you are incorporating and the area in the City, and in each site, you must have 50% + one person to incorporate that area. The City has not seen much interest on the part of residents in the unincorporated area to incorporate into the City. The annexations the City has had over the years have been one property annexations, where there Ks a voluntary annexation. Mr. Cannon further explained the memo. Mr. Richter asked if they were saying Lawrence Road is it. He questioned whether this would eventually be changed and if it could be changed. Mr. Cannon answered that the City Commission can decide that it will annex properties west of Lawrence Road. Before the meeting on the 12th, the Members will receive an analysis that examines the property ownership patterns in that area, and he explained. The City is mandated to serve that area with water and sewer, so Mr. Richter thought the City should have the privilege to annex. Mr. Cannon advised that the City has the power to annex in that area. There is a clause in the water service agreement that they have to apply for annexa- tion when the property becomes contiguous. It has been the policy of the City Commission that the City should not annex west of Lawrence Road, and it is an adopted policy in the current Comprehensive Plan and the proposed Plan. RECREATION AND OPEN SPACE ELEMENT Page 21 Mr. Annunziato asked what the net result was for the first fiue years in the Comprehensive Plan in terms of capital improvement. Mr. Cannon referred him to page 21, where there was a summary of all the changes that will occur to the tables for 1995. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Page 28 - Boat Ramps According to the 1987 population, Mr. Rumpf said the City should have ten boat ramps now. There are no boat ramps that the City has utilized from the private area to subtract from the public need. The facilities within the City are eight, so that leaves the City still needing two boat ramps. Adjacent facilities that the City included, which are often utilized~ are two. Mr. Richter asked where the adjacent facilities are. Mr. Rumpf answered that they are probably in Lake Ida Park, which is a County Park. Chairman Walshak commented that there has been a push from the State to provide water related activities. He thought they were specifically addressing salt water rather than fresh -water. Lake Ida Park and Lake Eden are fresh water lakes. Mr. Annunziato informed him that these were levels of service recommended by the City Staff. He further commented. Mrs. Huckle asked where the public facilities are. Mr. Annunziato answered that two boat ramps are at Pioneer Park, which is in Laurel Hills on the Boynton Canal. Six are at Boat Ramp Park. There was discussion about boat ramps. Shuffleboard Courts Mr. Maurice Rosenstock, 1 Villa Lane, asked what basis the City uses to arrive at how many shuffleboard courts are needed in Boynton Beach. Mr. Annunziato answered that the Recreation and Parks Department compares National and State standards to the City's known levels of use. Softball Fields and Aerodromes for Bicycles There was discussion about these subjects. Ramps for Skate Boards Vice Chairman Collins wondered if anyone considered this. Mr. Annunziato answered, "No." Vice Chairman Collins thought it was something the City might want to consider. Chairman Walshak said he would make copies of a document to show the Members what is going on around the country, and they will discuss it. HOUSING ELEMENT Mr. Cannon told the M~mbers they would get the pages for this element prior to the next meeting. - 8 - MINUTES - PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD APRIL 5, 1989 FUTURE LAND USE ELEMENT Consultants Chairman Walshak noted that the City has Consultants doing various things, and he questioned how much money is allocated for them. He saw in the budget that the Planning Department had $60,000 allocated, and he questioned whether that included the Comprehensive Plan. Mr. Annunziato replied that it included very little of it. Chairman Walshak asked how much money had been set aside for Consultants, and he inquired how much money had been used. Mr. Annunziato asked for time to give Chairman Walshak rough figures. Commercial Land Mr. Cannon said there was a significant difference in the amount of commercial land that would be required. He passed out pages, which he said would ex~lain it in more detail. Mr. Cannon explained that there is a relationship between income levels, sales per square feet, and the demand for commercial land. He thought the projected income decreased about 9% in Palm Beach County during the last half of the 1980s. If that continues to occur during the 1990s and tapers off after the year 2000, there would not be a surplus of commercial land. Mr. Cannon said the City assumes that trend will continue, and there might be a surplus of commer- cial land. That is something that will have to be examined every five years. Population Pi~ures for City's Water and Sewer Services Mr. Cannon called attention to these revised figures and commented that, fortunately, the low projections that were dons were not based on population. They were based on dwelling units. Mr. Cannon explained what the Consultants based their projections on. Consultants Mr. Annunziato gave a rough figure of about $140,000 as the total cost of Consultants for over a 2½ year period from the State budget year 1987, 1988, through April of 1989. Out of that figure, approximately $70,000 came from State grants. That $70,000 covered the Housing Element in total and most of the Coastal Zone Management and Conservation Elements. About $45,000 of the $140,000 figure went to the Utilities Element~ which not only included the Utilities Element but a - 9 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 hydrologic analysis, in part, of the utility system, leaving about $20,000 funded under the General Fund. In this year's budget, Mr. Annunziato said there was a line item of $50,000, which was an addition to that. It was for the expanded area redevelopment plan. That contract ended up at about $42,000. Also, in this year's budget, Mr. Annunziato thought the City budgeted $5,000 for Consultants to assist the City in analyzing traffic impact analyses submitted by developments because the City does not have that expertise on staff. Mr. Annunziato gave the traffic impact analysis submitted by DeBartolo for the Boynton Mall as an example. Mr. Annunziato thought the Members might find it interesting to know what had happened with respect to traffic. He stated that all development aspects can potentially be a part of litigation. Mr. Annunziato stated that he cannot defend the City and call himself a traffic expert. He further explained. The City has been spending $4,000 or $5,000 a year only on major projects, such as the Mall or a DRI project° PROCEDURE Chairman Walshak did not think the Board would vote tonight. He thought the Members should have time to digest all of the information. If there were no comments, Chairman Walshak felt it would be assumed that everything is OK. Mr. Lehnertz noticed that the Board had already made recommenda- tions on a number of the comments, and he suggested that they ignore those comments. Chairman Walshak responded that he found one comment that the Board was supposed to have agreed on, but the cor~ment was not what the Board had agreed to. He recognized that it was a tremendous amount of work, and he wondered how the Planning Department was keeping up with it. Mr. Aguila suggested that they go down the line and stop if something caught anyone's eye. This was agree- able with Chairman Walshak. FUTURE LAND USE ELEMENT Page 15, 5th paragraph, Mangrove~ Mr. Aguila asked who would end up having the final say. Chairman Walshak thought the Department of Environmental Resources (DER) and the Army Corp of Engineers would. He did not think the City should address it. There was discussion. Chairman Walshak thought the Department of - 10 MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA APRIL 5, 1989 Transportation (DOT) will have to remove some mangroves, if the bridge goes through. City Manager Cheney agreed that DOT will have to remove some, and they will have to have litigation. Mrs. Huckle recalled that Mrs. Stella Rossi took exception to the word "significantly" because she feels all of the mangroves are significant. Mr. Cannon said that position was picked up an the Coastal Management Element. Page 47 Change of Street Names Mr. Lehnertz thought it would be a nice idea, but he was not sure how the Police and Fire Departments would respond to it. Mr. Annunziato felt it would be a horror story. Mrs. Huckle thought they should abandon this suggestion. (The suggestion had been made by the public.) Page 47 Special High Densit~ (SHD) Mr. Cannon rem~nded the Members that a number of people recommended that the extent of SHD be increased not only in the coastal areas but in other areas of the City. Chairman Walshak thought it should be confined to the coastal manage- ment area. He felt it would be discussed at some length under the agenda item he laid on the table this evening for the public hearing on April 12th. Page 47 - Activity Centers The majority of these comments came from Danisl K. Corbett, Scheer & Corbett, P. A., Attorneys at Law, Suite 302, 1901 South Congress Avenue, Boynton Beach, FL 33426-6556. (See "Addendum A" attached to these minutes.) Chairman Walshak commented that perhaps they should look at an area like this and go to an MX district, since they may be creating that land use category. He thought they would also talk about this on the 12th. Page 51, 5th paragraph - Mangroves Mr. Lehnertz recalled that what was brought up was that was not an appropriate use for a mangrove area. You are looking at a lot of runoff and possibly toxic type of substances. After discussion~ Mr. Annunziato explained that what this was all about was a 60 inch outfall that goes down the center of Boynton Beach Boulevard. It goes directly into the Intracoastal Waterway and drains a good part of Boynton - 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Beach Boulevard and U. S. 1. When the City did the data analysis, they found a very high pollutant motif coming from that. Mr. Walter Keller suggested, as a possibility to be explored by DOT, that they divert the storm water into the upland portions of the mangroves to filter the water, as opposed to directly flushing it into the Intracoastal Water- way. Mr. Annunziato stated that the City found that this decision has been compounded somewhat because in their conversations with the Department of Natural Resources (DNR), the City is working towards purchasing that property with DNR's assistance. DNR's position is that they would rather not see that happen. Until such time as the City hears conclus- ively from DNR, Mr. Annunzia~to thought they should delete that alternative. P_~age 59, Area 1.a - Boat Storage Building Mr. Cannon said this is the area south of the Hypoluxo Marina. It is the proposed site at the north end of the City for a future boat storage building. It was the opinion of the Board that this be allowed. Chairman Walshak thought it would depend on what the ~oard says about creating an MX district. There were further comments. Page 70, Area 2.f. Old Sewer Site Chairman Walshak talked to a retired demolition expert, and he said it would take approximately one week to clean tbs whole area out. Be explained how it could be done. Chairman Walshak thought the person he talked to would pro- bably do this, if he were as~ked. He referred to the comments made by Mayor Moore at the last Commission meeting and remarked that some talented, retired people are in the City. Page 78, Area 4.d. East of 1-95 ~ouses along Woolbright Road, After comments by Mr. Cannon, Chairman Walshak said he thought there would be more input on this at the public hearing. Page 79, Area 4.f Height in the vicinity of Bethesda Memorial Hospital Mr. Cannon said the comment has come up as to whether the City can limit heights below those allowed in the zoning - 12 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 regulations. If the City adopts separate height districts and codifies the height limitations, he thought it would abate any problems. There was discussion about buildings in the area and heights. Mr. Lehnertz did not think they should surround an established single story neighborhood (High Point) with two story office buildings, particularly when the residents of that area do not want two story office buildings. Mr. Richter referred to deed restrictions; Chairman Walshak alluded to other buildings in the area, and there was further discussion. Mr. Cannon said he would transmit this to the Members again at the meeting on April 12, 1989. Chairman Walshak thought it should be on that agenda, as he felt there should be a motion on this. THE BOARD TOOK A BREAK AT 9:00 P. M. THE MEETING RESUMED AT 9:15 P. M. Page 83, Area 6.b - Knollwood Oranqe Groves After giving an explanation, be addressed at the next P&Z April 12, 1989. Mr. Annunziato said this will Board meeting on Wednesday, Pa~ge 87, Area 7.d. Boynton Beach Mall Out Parcel Mr. Cannon said there were three comments that referred to the natural area of the Mall, and he elaborated. Mr. Annunziato said this issue will be addressed at the regular meeting of the Board. Page 90 - Tradewinds High School A comment had been made by Mr. Harvey Oyer that this would be a suitable location for a Boynton Beach High School. There was discussion. Mr. Annunziato advised that the School Board would have to make that determination, but he thought it met the most basic criteria. After explaining, he recalled that the School Board is building a high school west of Jog Road. Mr. Annunziato did not think it was impossible, but the City talked to the School Board in the past, and they have not shown a lot of interest in this particular site. Chairman Walshak did not think the School Board would want to give Boynton Beach a high school within the City limits. He and Mr. Annunziato agreed that it would be an excellent site for a high school. - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 One idea Chairman Walshak heard was to go to a professional ball club to see if they would consider buYing the property and donating it back to the City for a school. The school would have a practice ball field that the ball club could use during spring training. Chairman Walshak thought that was an interesting concept that probably someone could look into. There were further comments. Mr. Collins asked when the City had talked to the School Board. Mr. Annunziato replied that there were a couple of conversations in the last six months. Vice Chairman Collins thought M~r. Oyer's point was well taken, because most of the land being allocated schools now is west, and it is tearing up the racial balances in terms of bussing. Chairman Walshak recalled that City Manager Cheney had said that maybe the City could use the memo from the County as a vehicle to conduct conversations or negotiations with the School Board. Mr. Annunziato thought that was a good idea. There were other comments. Pages 90~91, Area 8.a Undeveloped Portion of Lake Boynton Estates - Scrub Habitat Mr. Lehnertz said he had brought this up. He recalled that the Board felt, because of the pending litigation, that the text of the draft Plan should not be changed. Chairman Walshak said the Board received an opinion from the City Attorney~ which they should take into consideration. ~ges 92-93, Area 8.h Parcel in Front of Hunters Run Mr. Cannon thought the Board should decide whether this should be Office or High Density unless they create a new land use category that would allow mixed uses. If they go to a mixed use category, Chairman Walshak pointed out that they would be saying anything in the Commercial or Residential land uses would be allowable. He did not think they would want to allow C-2, C-3 or C-4 here. Chairman Walshak thought it was the consensus of the Board that it either be C-1 or R-3. He asked Mr. Cannon to put this down for the April 12th meeting, so they could get a motion on it. Page 93, Boynton Commerce Center The owner of the Boynton Commerce Center had requested that Local Retail Commercial be allowed on the undeveloped portion - 14 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 of the center. There was discussion, but Mr. Cannon said the Board did not make a motion. Chairman Walshak thought it should be put down for the April 12th meeting, so there could be a specific motion. Page 102 - Amortization Period for Mobile Home Parks East of U. S. 1 Chairman Walshak recalled that they asked for an opinion from the Planning Department and/or the City Attorney as to whether the Board could do this. Mr. Annunziato replied that he would direct the issue to the City Attorney through the City Manager. Chairman Walshak wanted the amortization period to be two years. Mr. Annunziato said he would ask what the minimum amortization period could be. Page 103, Policy 11.1 Mangroves There was discussion about policies, exemptions, DER and the Corp of Engineers. Mr. Lehnertz thought the comment, "or for an overriding public purpose", on page 8 of the agenda "said it all." Chairman Walshak agreed. Mr. Cannon apprised the Members that there were two separate issues. The issue of deleting the exception concerned private development. The only one Mr. Cannon could think of is on N. E. 7th Avenue. Both of the exemptions the Members saw allow a person to apply to DER to remove the mangroves on that property. Otherwise, he would be forbidden by the Boynton Beach Comprehensive Plan from doing that. The second exemption referred to the government removing man- groves for some overriding public purpose. Mr. Aguila had a problem with the Board putting a policy that would forbid a private citizen from the right of apply- ing for removal of mangroves, and he gave an example. After discussion, Mr. Annunziato said the only instance this policy would apply to would be five lots on N. E. 7th Avenue, west of 7th Street. After elaborating, he stated that it may make sense, in this instance, to allow removal of the man- groves if it is approved by DER and the Corps of Engineers. Chairman Walshak did not care, as long as people had the right of review. Page 108, 3rd paragraph - Low Density Residential "Allow homeowners to use their homes for their own professional or business offices or for artist/craftsman - 15 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 studios.'~ After discussion, the Members decided this suggestion should be eliminated. Page 109 - Special High Density Residential Mr. Cannon said this item will be discussed in more detail next week, It referred to allowing mixed uses in the coaStal area. Page 113, Policy 16.3 EXceptions to 4 Story Height Limitation Mr. cannon advised that it was decided a referendum would be the onlY means tO have anything aboVe four stories. Chairman Walshak thought it should be put on the ballot. page 113, Policy 17.1 Mr. Cannon read the policy. There was discussion about the words "discourage" and "d° not allow". Chairman Walshak asked Mr. Cannon to put this down for the April 12th meeting. Page 113, Policy 17.2 Chairman Walshak stated that there is no R-iAAA in the City. He thought R-lAmB was mostly in Mission Hill and Chapel Hill. As long as two stories did not exceed 30 feet, Mr. Aguila thought it would be appropriate. He knew it was now 25 feet. Mr. Annunziato informed them that most of the development has been in PUDs, where the height limitation is 45 feet. He could not think of any instance where someone wanted to go to 30 feet. After discussion, Mrs. Huckle stated that it should be commensurate with the lot size. TRAFFIC CIRCULATION ELEMENT Mr. Cannon said most of these comments were technical comments, made by the City Staff. Pages 58 & 59, Table 20 - Ocean Avenue After discussion, it was the consensus to delete these suggestions. - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Comprehensive Plan When the Plan is approved and the County adopts an Ordinance in June or July, Chairman Walshak thought the City should go with its exceptions the following morning. Mr. Annunziato stated that it now looks like it will be August or September. HOUSING ELEMENT Mr. Cannon stated that only three comments in this Element were made by the public. The rest were by the City Staff. Page IV-25, and Page VII-6, Policy 5-3 - Increase minimum distance between group homes to 3,600 feet There was discussion about the distance and zoning districts. After further discussion, Mr. Cannon informed the Members that it was the conclusion that if they restricted group homes to the R-3 and Commercial zoning districts, they would no~ meet the intent of Chapter 163 or Rule 9-J (5). There are not enough sites in those zoning districts. State law says you have to have areas that are Residential or of a Residential character. Most R-3 areas are occupied by condominiums or apartment buildings. Mr. Cannon thought it was the intent of the State Legislature that where you have single family zoning districts, that you allow group homes to some extent in those areas. Chairman Walshak did not think the Courts had said that. If they limit it to the R-3 and Commercilal zoning districts, it was Mr. Cannon's opinion that they would not meet the require- ments in a Court of law. Chairman Walshak asked Mr. Cannon to put this on the agenda for a Motion at the April 12th meeting. Page V-3, 3 Density Concessions Mr. Lehnertz was not happy with increased density options for areas west of 1-95. Mr. Cannon explained the reason for the comment, and there was discussion. It was decided that the verbiage in parenthesis should be deleted, and the comment should read: "Consider increased density options in selected areas." Page V-15, (new paragraph 5 under considered") Page VII-7 (add new Policy 7-3) "options to be After elaborating, Mr. Annunziato stated that creating a Historic District Ordinance would mean the City would have - 17 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 to define what Boynton Beach coniders historic. There is not a historic district, but.there are a series of historic homes. The Women's Club is registered, but the school would be classified as public ownership. In the near future, the school will be owned by the City of Boynton Beach. After discussion, the Board Members agreed there were not enough historic buildings an the City. Page V-16, lines 7 and 12 Chairman Walshak noted that it said, "Change 'Community Redevelopment Agency' and 'CRA' to 'Community Improvement Department (CID).'" Mr. Cannon explained that the text was discussing the administration of housing programs. The actual administration is not done by the City Commission or the CRA. It is done by the CID. Chairman Walshak asked if it was under the auspices of the CRA. Mr. Annunziato answered, "Not necessarily." Mr. Cannon advised that there are areas where there are housing programs that are outside of any CRA designated areas. Mr. Annunziato added that Ms. Broomfield is the City's housing authority for the entire City. She is the City's housing expert and the housing person for the entire City, not just the redevelopment areas. Chairman Walshak agreed, but he pointed out that Ms. Broomfield works for the CRA, and the CRA is responsible for the CBD and the expanded area. Mr. Annunziato informed him that Ms. Broomfield works for the City Manager. Chairman Walshak asked what that would do to the CRA with the City Commission now sitting. He wondered if it would be called the CID. Chairman Walshak again referred to the comment° Mr. Annunziato told the Members to continue while he reviewed the comment. Page VI-12, 7. Code Enforcement, and Page VII-2, Policy 2-1 During discussion, some of the Members voiced their objec- tions to the wording of these comments. The consensus of the Board was to eliminate the comments. Mr. Annunziato pointed out that there were two elements to this recommendation. The other was to utilize a private contractor to clean up properties. If the City was willing to fund such a program up front, Mr. Annunziato felt there - 18 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 may be some merits to that. Chairman Walshak thought Mayor Moore had vocally expressed his opinions and desires on clean up, and he thought the Board should let it go at that. Mr. Annunziato read from the paragraph, "The Community Redevelopment Agency, under the City Manager's Office". ., and he commented that the Agency is not under the City Manager's Office. It is the Community Improvement Depart- ment, under the City Manager's Office. He read the rest of the paragraph: . . ."should act as the Coordinating Agency initially and should involve the Staff's expertise to administer the various housing programs contained in this Element.'~ Mr. Annunziato explained to Chairman Walshak that "The Community Redevelopme~nt ~gency, under the City Manager's Office was in error. It should be the Community Improvement Department, under the City Manager's Office. Chairman Walshak was still confused as to where Johnnetta Broomfield owes her allegiance, and he asked whether she works for City Manager Cheney or the CRA. Mr. Annunziato answered that she is a dePartment head in the City, and she works for the City Manager. Chairman Walshak inquired whether this was a newly established department. Mr. Annunziato replied that Ms. Broomfield has been here over a year. There were further comments. Chairman Walshak asked Mr~ Annunziato to find out what it was all about and let the Board know at the next public hearing. After more comments, Mr. Annunziato remarked that all Ms. Broomfield was doing was correcting an error in language. Chairman Walshak thought she worked and was hired by the CRA, and he inquired whether she is paid by the CRA or is on the City payroll. Mr. Annunziato answered that Ms. Broomfield is a department head, working for City Manager Cheney. Chairman Walshak argued that Ms. Broomfield is being paid out of the CRA budget and not out of City funds. After further discussion, Chairman Walshak asked for clarification on this. Appendix B, page 1, paragraph 3 - Housing Authority Mr. Cannon explained that this was a reference to the Boynton Beach Housing Authority. Chairman Walshak asked if they were trying to establish a new department. He looked very carefully at the budgets for the City departments. After expounding, Chairman Walshak said he was not aware of - 19 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 the fact that Johnnetta Broomfield is on the City payroll and working for City Manager Cheney. He again requested a clarification of that. Chairman Walshak also wanted clari- fication of the following comment: "Change 'Housing Authority' and 'authority' to 'Community Improvement Department'." DRAINAGE SUB-ELEMENT Page B-12 Drainage Problem at Industrial Avenue and Boynton Beach Boulevard Chairman Walshak stated that this absolutely should be left on the agenda for the April 12th meeting. If the Consultants are going to address drainage problems in the City, he emphasized that the Consultants should wait for a day when it rains to look. There was discussion about other drainage problems and this problem. POTABLE WATER SUB-ELEMENT Page IV-8, Policy 3.4.3 A memo from CH2M Hill regarding the justification of the 120% figure of the previous year's expenditures was to be furnished at this meeting. Mr. Cannon advised that the Utilities Consultant Ks still conferring with the Finance Department and the Utilities Director, and they will have information for the Board by April 12th. COASTAL MANAGEMENT ELEMENT Chairman Walshak thought this should be deferred until they see how the Mixed Use category goes. OLD BUSINESS Appointment of Members to the Board (Verbatim requested by Chairman Walshak) Walshak: It pleased me a great deal to see Nate Collins appointed as a Regular Member to this Board last night. Congratulations, Nate. Collins: Thank you very much. Walshak: You deserve it, and it's deserving. However, in doing that, it did create a little bit of a - 20- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Watshak: (cont.) Huckle: Walshak: Huckle: Walshak: Huckle: Walshak: Blanchette: Lehnertz: Walshak: Ramseyer: Walshak: problem. We had Lyn Huckle bumped off, Lyn Huckle put back on, and in the final analysis, what happened is that one of our Regular Members, through a chain of events, was booted off the Board, and that, of course, is Jose'. I would like to make it perfectly clear, and I hope we can get a consensus from this Board to recommend to the City Commission as a whole, since Nate will be moving up to a regular membership on the lltb, it will create a vacancy on the Planning and Zoning Board (an Alternate position), and I would suggest that we go to the City Commission via the minutes in recommending that they do what is right, and whomever's turn it is, in putting Mr. Ag~ila back on the Planning and Zoning Board. Mr. Chairman, may I just ask you to eliminate that Lyn Huckle got bumped off. I didn't get bumped off of anything. My term expired, and was reappointed! Yes. OK. Please, don't say I was bumped off! I wasn't! Well, I'm sorry. It was semantics. I just want you to correct it. Can we get.the consensus of the Board to make that consideration for Mr. Aguila. Gary? Of course. Yes. I'm definitely in favor of Jose' being on the Board. I second the motion. Pat, put that down. It was the unanimous consensus of this Board, to the City Commission, please. OK. Give all the consideration that they possibly can to reinstate Mr. Aguila on the Board. - 21 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 5, 1989 Aguila: I would like to say something real quick. 91, for anyone who's never heard my name pronounced, it is Au-gee-la. #2, I appreciate this Board. I know what happened, and I know why it happened. I don't like it, but that's OK. I talked to all the Commissioners and the Mayor today. They say that I have their support, and if it is their turn next (nobody seems to know whose turn it is), that they will appoint me on the 18th, so I look at this as a one week's vacation from the Board. Because of that, and I don't want to lose any continuity of information, I called Carmen today and asked him if he would please continue forwarding information to me, minutes, reports, everything, as if I were still a Member so it will give me time to read the literature and read the reports and stay on, because I very much want to be a part of this. ADJOURNMENT The meeting properly adjourned at 10:30 P. M. - 22 - SCHEER ~ COR~ETT, P.A. ADril 5, 1989 Plannir~ and Zoning Board City of Boynton Beach Prime,Bank Plaza 211 Sou~h Federal Highway Boynton Beach, FL 33425 Re: Future Land Use Plan Recommendations: 1) Municipal Activities Cen~er ("MAC"); 2) Municipal Corridor District ( CD ), and 3) Special High Density District ("SHDD") Dear Chairman and Board Members: On February 28, 1989, I attended a joint workshop of the Planning and Zoning Board and City Commission on the proposed comprehensive plan. On March 9 and 22, I attended public hearings before the Planning and Zoning Board with respect to the future land use plan. I have made comments as a business resident of Boynton Beach, Florida. for the Dast five years. This letter will set forth in writing my recommendations for the consideration of the Boynton Beach Planning and Zoning Board. Municipal Activities Center. The Municipal Activities Center concept is suggested to provide for appropriate development a% the intersection of east/west Municipal corridors and Interstate Highway 95 ("I-95"). The MAC is ADDENDUM A . .S(CCHEER & CORBIrTT, P.A. Planning and Zoning April 5, 1989 Page 2 Board proposed specifically for the following three intersections: a) 1-95 and Bo!rnton Beach Boulevard, b) I-9§ and Woolbright Road and c) 1-95 and NW 22n~ Avenue. The MAC concept would be implemented by appropriate zoning ordinances following the adoption of the future land use plan to provide for a d/strict wherein municipal and urban development could occur in sectors which have existing development which may be inappropriate in terms of future land use planning. The MAC concept would be designed to provide for high-density office or commercial, buffered however, from existing residential uses by more intense residential uses than presently permitted. The MAC concept could be implemented through the well known planning concept of an overlay, designated by a given radius from the intersections of Boynton Beach Boulevard, Wootbright Road and NW 22nd Avenue with Interstate 95. Alternatively, only the eastern quadrants could be proposed the northeastern quadrants of the intersections. If only the northeastern aforedescribed intersections are used, Boynton Beach Boulevard and Woolbright Road, this would provide a means for relocation of existing school sites in for the MAC concept or, more restrictively, only af0redescribed quadrants of the with respect to 040689.001-2 ''.~C~EER & CORBETT, P.A. Planning and Zoning Board April 5, 1989 Page 3 conjunction with the Housing Element Management Element of the Comprehensive Plan. and Coastal Municipal Corridor District. The MCD concept is designed to be utilized principally, along the corridor of Boynton ~each Boulevard and Woolbright Road, east of 1-95 to US Highway 1. Additionally, the concept may become appropriate for parts of NW 22nd Avenue, east of 1-95 to US Highway i. The MCD concept would be designed to provide for a transition between existing residential north and south of the corridors and the eventual widening for commercial or office development purposes of the uses parallel and along both sides of the existing east/west municipal arterials. As with the MAC concept, the MCD concept is a transitional overlay district to provide for development of parcels which have been aggregated in the appropriate size as determined during implementation of the Comprehensive Zoning regulations implementation period land use plan. Plan land development regulations. could be implemented in the following adoption of the future 3. Special High Density District. provide for implementation of 040689.00~-3 The SHDD concept would the housing pol-icies set · .S~teER ~ CORBeTT, P.A. Planning and Zoning Board April 5, 1989 Page 4 forth in Sections 1-5, 3-15 and 8-3 of the Housing Element of the Boynton Beach Comprehensive Plan. Additionally, the SHDD concept Could be utilized to implement policy recommendations of the Coastal Coastal Management Element Comprehensive Plan recommends Management Element. The of the Boynton Beach increased intensities of development within the boundaries of the land area defined in such element. Accordingly, it is recommended that a SHDD overlay district be established wherein a density of 16 density units per acre could be obtained after a minimum parcel size was aggregated for purposes of development. For example, a minimum site size of one block or X acres could be required as providing sufficient area within which a higher intensity residential use could be developed and, at the same time, buffered from existing lower intensity residential districts. The foregoing concepts are recommended for use by the City of Boynton Beach in planning the future development of the municipality. Existing uses east of 1-95 are of a lesser intensity than would ordinarily be appropriate for urban planning goals for this area. The MAC, MCD and SHDD concepts are designed to provide 040689.001-4 ..S~EER & CORBETT, P.a. Planning and Zoning Board April 5, 1989 Page 5 for development when existing parcels are aggregated or othe~ise of a sufficient size to permit more intensive development. These concepts could also be utilized ~ the City f~ designating appropriate areas if future referenda are to be held in conjunction with existing height restrictions. Daniel~. Corbett Atto~ey at Law /ams cc: Boynton Beach Chamber of Commerce (Attention: Mr. Owen Anderson, Executive Director) 040689.001-5