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Minutes 03-22-89
MINUTES OF THE SPECIAL MEETING OF THE PLANNING AND ZONING BOARD - SPECIAL HEARING ON PROPOSED COMPREHENSIVE PLAN, HELD AT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, WEDNESDAY, MARCH 22, 1989 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Jose' Aguila Gary Lehner%z Marilyn Huckle Daniel Richter Carl Zimmerman Nathan Collins, Jr., Alternate 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 7:30 P. M. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS After the Pledge of Allegiance to the Flag, Chairman Walshak introduced the Members of the Board, the Planning Director, and Planning Staff. He congratulated Mayor Ralph Marchese, who will be in the runoff election, and also congratulated Arline Wein~r, winner of the District I Commissioner race, and Lee Wische, who won the District III Commissioner race. Chairman Wi~sche also acknowledged the presence in the dudience of Henrietta Solomon, Board of Adjustment; Owen erson, ~ecutive.Vice President, Greater Boynton Beach amber Of ~ommerce, Johnnetta Broomfield, Director of community.IMprovement; Harvey Oyer, Former Mayor; Pearl Wische, Me~ber of the Community Appearance Board, and Walter H~ ~eller Jr., Walter H. Keller Jr. Inc., Engineers & Planners, ~o=al Springs, Florida, who has been helping in the preparation of the Comprehensive Plan. He then introduced ~the Recording Secretary. ANNOUNCEMENTS Area 13, Conservation Element - North and South of Woolbright Road, West of 1-95 Mr. Annunz~ato handed out three documents, and he said two of the documents would come up for discussion as the Board proceeded. One document was prepared by Grace B. Iverson, PhD, Biologist, 9555 Palmetto Park Road, Boca Raton, and it related to Area 13 in the Conservation Element, which is north and S~uth of Woolbright Road, west of 1-95. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Solid Waste Sub-Element The second item that Mr. Annunziato said would come up for discussion was the Solid Waste Sub-Element. Comprehensive Plan Issues Involving Municipalities The last item was a memorandum from Audrey Wolf, Comprehen- sive Plan Coordinator, to Sam Shannon, Assistant County Administrator, which Mr. Annunziato said related to the Comprehensive Plan issues involving municipalities. The memo talked about some of the policies in the County's Comprehensive Plan that relate to municipalities. Mr. Annunziato advised that it was nothing the Board had to act on but was just information to the Board. Mr. Annunziato made the following announcements: 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 Funding Element of Comprehenszve Plan Chairman Walshak asked if Mr. Annunziato and his staff were still working on the Funding Element of the Plan. Mr. Annunziato answered affirmatively. Chairman Walshak thought this was probably one of the most critical parts of the Comprehensive Plan itself. Mr. Annunziato advised that the Board has a Special Meeting scheduled on April 5th. He questioned whether there would be enough time to advertise. Mr. Cannon thought they should continue this hearing until April 5th. Mr. Annunziato reminded the Members that the Board has a Special Meeting scheduled for April 12. After discussion about dates for a meeting, Mr. Annunziato suggested that this public hearing be continued until April 12th, as that would allow ample time to recezve the Element, transmit it, review it, and to continue this hearing. At the end of the public hearing, Chairman Walshak said the Board will adjourn the public hearing and go into a special session for the recommendations for forwarding. There were further comments, and Mr. Annunziato advised the Board Members to keep the April 5th date because they would begin - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 to vote on all of the comments on the Plan and formulate their recommendations. There was ~urther discussion. COMMUNICATIONS None. OLD BUSINESS None. PUBLIC HEARING: Proposed Comprehensive Plan Chairman Walshak announced that persons wishing to speak should fill out a form and give it to Mr. Annunziato. Boynton Commerce Center - Request to go to C-3 Avery Robbins, who resides at S. W. 15th Avenue, Boca Raton, and whose business address is Palm Beach Lakes Boulevard, West Palm Beach, wished to speak about undeveloped land currently zoned Planned Industrial Development (PID). Mr. Robbins requested that the unbuilt upon land at the property known as Boynton Commerce Center be placed under C-3 land use. In asking that, he wanted the Members to consider the following: Mr. Robbins said they are located at the southwest quadrant of Woolbright and 1-95, with the exception of the railroad and the Department of Transportation property between them and 1-95. To their observation, Mr. Robbins stated that there is an over abundance of industrial land within Boynton Beach, particularly just south of Quantum. Their property consists today of a finished product in the sense of warehouse like space and industrial usage of 215,000 square feet. Approximately two years ago, on behalf of their clients, Mr. Robbins' company purchased that property. They worked hard and spent a lot of money and are still only slightly above 50% leased. Mr. Robbins stressed that the supply and demand ratio is hurting them, and they consider their market to be from Boynton Beach down to Deerfield. The chances for those 34 plus or minus acres to be built upon in the near future are almost nil as long as they remain Industrial. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 In looking into the overall Land Use Plan, it was Mr. Robbins' understanding that the City is losing some C-3 property. He knew of only one within the master plan, and that would be the Hunters Run acreage, but he did not know what the status of it was. Mr. Robbins thought it was going to go Residential. If his information was correct, it would involve the piece where Dixie Highway comes into Federal Highway, and that would be the elimination of C-3 as well. Mr. Robbins wanted to get the rest of their land under development, as it would be a benefit to them and a benefit to the City from a tax standpoint. They see it as a one or two user concept. Mr. Robbins believed the change would make the land more readily developable. Mr. Richter agreed that what Mr. Robbins said about the abundance of industrial land that is available was true. Industrial parks are suffering because of lack of tenants. Mr. Richter has personal experience in this area. He felt what Mr. Robbins said made a lot of sense. If Mr. Robbins could get a tenant like Costco~ or Scotty's, he thought the propert~ would be much better utilized. No immediate neighbors would be affected because of the developments in the area. From an economical standpoint, Mr. Robbins said two things were involved. One is that when there is a lot of products on the market, there is almost no chance for them to go in and do anything speculative. In the other sense of it, he thought in their locale a request like this was quite sensible from the standpoint that to their east is the rail- road, the ~amp, and 1-95. TO thei~ north is an existing C-3, to their south is between R-3 already built buildings and S. W. 23rd. To the west is the canal, so Mr. Robbins did not think they were asking for something that would be an encroachment. There was discussion. After elaborating about the property, Chairman Walshak stated that he could never understand why an industrial complex was built in the center of a well field, and he asked ill some of the wells had been there for a while. Mr. Annunzia~to answered, "Six years. Exactly the same time the PID was granted." There was discussion about the number of acres th!at are there, and Mr. Robbins reiterated that they have 34 iunbuilt upon acres. There was further discussion about a hotel for another property and the well fields. - 4 - MINUTES - PLANNING & ZONING BOARD BOYIgTON BEACH, FLORIDA MARCH 22, 1989 After elaborating, Chairman Walshak noted that Mr. Robbins' acreage was in Zone 2. If the City ever wants to realize a tax base on that property, he thought it would make sense to move it to a commercially designated area. Chairman Walshak wanted to see a restriction put on it as to a one user. Mr. Annunziato advised that there are many uses available to Mr. Robbins. For example, you can put hotels and motels in PIDs. tn adddition, you can put certain Commercial uses in a PID. All it requires is approval by the Planning and Zoning (P&Z) Board. Mr. Annunziato thought putting the property in a Commercial category would be a big mistake. At that point, it would lose the ability to be involved in the specific approval process of the use. For example, he felt Costco, Scotty's or Home DepQt were probably develop- able on the site now, subject to the approval of the P&Z Board. If it were zoned C-3, Mr. Annunziato repeated that the Board would lose the ability to be part of the use outcome. This is ~ planned development, and Mr. Annunzia~o advised that you cannot change the land use under a planned development without changing the implications of the approved master plan. To put it all totally in a Commercial zoning category would end up saying something the level of service (LOS) on the roads in the area. The City reported that LOS east of 1-95 in this area on Woolbright Road will be at "D", and the City will be in the position of requesting a variance from the Board of County Commissioners. The approaches to 1-95 are at LOS "E", so Mr. Annunziato urged the Members to carefully consider the ramifications of this decision. If it were a Planned Commercial Development (PCD), Mr. Annunziato told Mrs. Huckle that they would still have the problem of going back and creating two new planned districts. A PCD does not specifically restrict the uses. It still allows community commercial uses, plus a few others, but greater control with respect to numbers of square feet, etc. Chairman Walshak asked what the LOS on Woolbright Road, adjacent to this property, is right now. West of the approaches, Mr. Annunziato said the LOS would be good. Chairman Walshak did not think they would have any problem with the traffic as it is LOS "B". Mr. Annunziato reminded him that the traffic spreads out, and he explained. Referring to Mr. Robbins' statement about the Hunters Run property~ Chairman Walshak informed him that the P&Z Board - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 is recommending either a Residential or a C-1 category to the City Commission. In response to Mr. Annunziato's one comment, Mr. Robbins said they used the word "Costco" because it was typical of the kind of use he was talking about. If Costco told him they have nice land there, Mr. Robbins would have to say he could not talk to them like a.C-3 landowner could because he would be subjecting them and their plans to the whim of what might happen here (in the Chambers). He alluded to the lack of flexibility on the surface of it all. Mr. Annunziato responded that the PID carried with it some assumptions as to the developability of the entire parcel. There were improvements to public systems, based on sizes of utilities, etc., based on a certain level. That was the basis for the approval of the master plan. Mr. Annunziato advised that for any change, say with Costco or something like that, the impact of that, relative to what was originally approved in terms of roadway improvements and the like, has to be determined to see if there is a difference in the impact which was the basis for the original approval. He was not suggesting it was impossible to do so. Chairman Walshak reminded Mr. Annunziato that he (Annunziato) had suggested over the last 2½ months some Comprehensive Land Use changes up and down Federal Highway (U. S. 1) and throughout the City. He questioned whether the LOS on all of those properties were totally investigated. Mr. Annunziato replied that it was part of the Plan. Mr. Richter asked if the well restrictions were in place at the time this was approved as a PID. Mr. Annunziato answered that the Wellfield Protection Law was not in place at that time. There were certain things you could not do, and that was the law at the time. There was discussion. Mr. Richter thought perhaps there should be some con- sideration for relief in lieu of what has happened to Mr. Robbins' property. Mr. Zimmerman did not recall them ever changing a PID in the City to this extent. He wondered what other legal ramifica- tions there might be in reducing a present PID to a smaller size. Mr. Annunziato replied that they would have to go through two zonings. One would be to create a new PID for the existing property, and the second would be to create a new zoning category consistent with the new land use on the property that is changing. The ramifications of those two - 6 - MINUTES - PLANNING & ZONING BOARD BOYNT©N BEACH, FLORIDA MARCH 22, 1989 actions would have to be evaluated, and material as to traffic and utilities, etc. that would lead the Board to those conclusions would have to be submitted. Chairman Walshak felt Quantum Park had probably hurt all of the PIDs throughout the City. He asked Mr. Robbins how much of the building's space was leased. Mr. Robbins thought about 57% was leased. He explained that his company acquires or enters into development schemes through real estate, in behalf of their clients. Their clients are pretty good sized, in some cases, retirement systems. This experience happens to be a very unfortunate one for them because of the expectations of absorption. There has been net absorption Of only about 10% in the property since they acquired it in May Of 1987. It has not lived up to what they hoped it would be. Mr. Robbins said his company approaches properties intelli- gently, and a lot of things have transpired to make it a tough program. He alluded to IBM moving out of a lot of space and said there are very competitive rates because of supply and demand. When there is that kind of situation, the chance of somebody coming in and being a build to suit i~ndustrial prospect diminishes because he can go down the s~r~et and~ego~iate a healthy deal without getting into the cumbersomeness of being a builder for his own purposes. Mr. Robbins thought a way out would be to get a market that would be more appropriate. He expounded about Quantum and pointed out that it will be a long time before that is filled up. There was discussion about the property~ Mr. Robbins thought they had been a good commercial citizen in the City, and he stated that the property looks better than it ever did before. It was not a pleasant experience for the City before. Mrs. Huckle noted that the parcel north of this parcel has not developed at all as C-3, and she asked Mr. Robbins how he viewed that. Mr. Robbins thought the chances of that property being developed before the end of this year were pretty good. Mrs. Huckle asked why it had not happened before. Mr. Robbins answered that it was because of supply and demand, and he added that was not intended to be a silly answer. Mrs. Huckle pointed out that Quantum was not even an entity until a couple of years ago. Mr. Robbins thought there were probably some prospects in the area, so that development of that land would happen. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Based on the premise that the Brady property(the parcel to the north) has the frontage that this property does not have, it was hard for Mrs. Huckle to understand how Mr. Robbins could benefit any more than what he had so far, since the parcel north of Mr. Robbins' property had not developed, and it has a frontage on Woolbright and closer accessability to 1-95. Mr. Robbins reiterated that he thought the propensity to build C-3 was many times that of building additional Industrial. After other comments, Mrs. Huckle tcld Mr. Aguila that if C-3 did not fly, it was hard to believe that PCD would fly much faster. The City has an advantage through the PID, but when they have C-3 zoning, it is wide open. There was discussion about the parcel north of this parcel. Mr. Zimmerman asked what uses Mr. Robbins would be consider- ing for C-3 that he could not put into the PID that he now has. Mr. Robbins answered, "Retail". He explained that it was not like he could say to someone like Costco that they could take care of them. It could become adaptable, but it was not suited. Mr. Robbins agreed with Mr. Zimmerman that it was possible. He told Mr. Zimmerman that it was a strong professional feeling that the C-3 uses were more adaptable to their property. It was Mr. Aguila's understanding that Mr. Robbins felt he would be more successful at selling or leasing the land if he did not have to go through the process. Mr. Robbins answered~ "Sure, because there would not be the gray ares of additional approval." If Costco were interested, Mrs. Huckle pointed out that they could build on Mr. Brady's property with no problem. Mr. Richter commented that a lot of speculation is going on out there now, and some of it has to be true. He felt Mr. Robbins was trying to separate what he thought was pure speculation from what could be serious. Chairman Walshak did not think Mr. Robbins would get any activity in an industrial category, but he may get activity in a Commercial designation. Mrs. Huckle explained that PCD is similar to PID, only it is a Planned Commercial Development with lesser acreage. She asked what Mr. Robbins' reaction would be to PCD. Mr. Annunziato called attention to one more element that would have to be evaluated. Again, there was discussion about the property and the acreage. Regardless of the acreage, Mr. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Annunziato suggested that the Development of Regional Impact (DRI) Rules may very well make this a DRI, if a commercial zoning were sought for that property, because they would look at the numbers of square feet of Industrial, and they would add it to the potential development of the Commercial. Chairman Walshak asked why. Mr. Annunziato answered because of the thresholds of the State Legislation, and he explained. He added that would be another thing that would have to be evaluated, and he stated that there were a lot of ramifica- tions to this decision. Chairman-Wa. lshak thouqht the Board should t~ke some time. Mrs. Huckie recognized that Mr. Robbins had a real problem in marketability. After dis- cussion a~out this property and the Brady property and the marketabi~lity of both, she determined there would be a lot more possibilities for this property with C-3 zoning. She thought Mr. Robbins gave the Board a great deal to think about, a~d she felt the City should consider all of these ramifications very seriously. Chairman Walshak said the Boa~rd was going to take Mr. Robbins' problem under consideration. Recreation and Open Space Element Page 24, B. Resident OUlnlon Poll through page 31 Stella Rossi, 625 Whispering. Pines Road, alluded to a survey by Miss Johnson of Florida Atlantic University (FAU) and the City in August of 1987 that was in the Boynton Beach paper. She informed the Members that nature areas did not appear to be addressed by the Growth Management Opinion poll, but the City's survey showed preservation of nature areas. The survey areas were shown on page 31, but nothing of that sort was listed. Mr. Annunziato did not know the answer to Mrs. Rossi's~question, but he did know the opportunity was there in the Conservation Element. He asked if Mrs. Rossi was suggesting there should be some policies in the Recreation and Ope~ Space Element. Mrs.. Rossi replied that it was just a thought. Page 56, G. Provide opportunities for nature study Mrs. Rossi drew attention to the 5th line in the first paragraph under "G" and wanted the word "habitat" added. It should read ."beneficial filtering process, habitat, and the natural storm protection. ~' Mrs. Huckle thought that made sense. - 9 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Page 57 Beginning in the 9th line of the last paragraph, Mrs. Rossi asked that it be changed as follows: "Because the scrub habitat cannot be relocated . "because it is impossible to relocate scrub habitat. She wanted the word "totally" deleted from the last line. March 9, 1989 Workshop Meeting of the P&Z Board (Page 5 of the Minutes) Tradewinds Scrub Site When the Tradewinds scrub site was shown, Mrs. Rossi recalled there were questions as to the destruction on the parcel that was picked. She wanted the Members to understand that scrub jays require open spaces, void of vegetation, to use as a fooding area. Their insects and acorns are in the open spaces.. The fact that off road vehicles have destroyed this parcel partially or have impacted the area does not necessarily mean that it is not good for scrub jays. Chairman Walshak informed Mrs. Rossi that about 30 or 35 acres of the Tradewinds property is being conserved. Walter Keller, P.E. called attention to a letter dated March 17, 1989, addressed to him from Grace B. Iverson, PhD, Biologist, (referred to on page 1 of these minutes under "ANNOUNCEMENTS, Area 13"), and said Dr. Iverson checked these areas as Site 13 came up as a question for a couple of reasons. One was the status on the south side of Woolbright Road where brush had been scrape~ and altered several times. Also, some of the trash Chairman Walshak had brought up on the north side and how different vehicles had gotten in was discussed. (A copy of said letter is attached to the origi- nal copy of these minutes in the office of the City Clerk as "Addendum A"). Mr. Keller summed up the memo by saying it said the site north of Woolbright Road has Scrub Oak species in that area, and they are a potential food source and nesting site for the scrub jays, so that site should be retained "as is" on the map. Chairman Walshak clarified that it was the south- west corner of the Tradewinds property. Mr. Keller emphasized that it was correct as shown. Dr. Iverson also recommended that the piece of property on the south side of Woolbright Road with the disturbed field also be retained because this particular general area has the largest group of scrub jays south of northern Palm Beach County. That - 10 - MINUTES PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD MARCH 22, 1989 field does provide a source of food for the scrub jays during a portion of the year, and he elaborated. Mr. Keller stood corrected on what he told the Board the last time, that it should be removed. From this point, his recommendation was that it still be retained on the conservation overlay "as is". The Board had asked Mr. Annunziato to get an opinion from the City Attorney concerning the applicability of the current Comprehensive Plan policies and the proposed Compre- hensive Plan programs of litigation. Mr. Annunziato did not get a response yet, and he told the Board he will mail it out as soon as it is received. After hearing from all of the Members, Chairman Walshak said the consensus of the Board was to go along with everything Mrs. Rossi had recommended. Land Located In N. W. Corner Of U. S. 1 And Old Dixie Highway - Approximately 16 Acres (Grove Partners, Ltd.) Lee Summers, Attorney at Law, Boca Raton, representing Grove Partners, Limited, said Grove Partners purchased 16.9 acres of land at the above location. The tracts of land were then and are now zoned C-3 and were purchased for the purpose of constructing a commercial shopping center. At the time of the purchase Winn-Dixie had signed a lease to occupy a 45,000 square foot grocery store on the site, and the site plan had been approved by the City Commission for the construction of a shopping center of approximately 162,000 square feet. Grove Partners, Limited paid $4,950,000 for the land zoned C-3, the Winn-Dixie lease, and the approved site plan. They were willing to pay this amount of money in reliance of the property's C-3 zoning, which would allow construction of the proposed shopping center. After closing on the property, Grove Partners, Limited spent substantial amounts of money in seeking two modifications to the approved site plan. The modifications involved redesign- ing the site as a shopping center and the architectural details of the shopping center. In addition, on further reliance on the C-3 zoning of the property and its expected use as a commercial shopping center site, Grove Partners, Limited expended in excess of $120,000 to have the site cleared and spent in excess of $52,000 to have approximately 35% of the drainage system for the shopping center installed in the ground. They also expended substantial amounts of - 11 MINUTES - PLANNING & ZONING BOARD BOYlqTON BEACH, FLORIDA M3~RCH 22, 1989 inactive for almost a year and a half, but he suspected that would change very quickly. The applicant has a year to build. At that point, Mr. Annunziato thought the applicant would be closer to making his arguments more viable. Then the City could not change the zoning out from under him. Mr. Annunziato did not know that the applicant was at that stage right now. There was discussion about shopping centers. As a point of i~formation, Attorney Summers informed the Members that Winn- Dixie told him their Gulfstream Mall store will be closed when this is built. It draws 11,750 people a week, so the draw is there. Mr. A~3uila commented that this site is appropriate for that draw. Attorney Summers told the Members the last site plan approval was in November of 1986. Mr. A_nnunziato recalled they stopped building in December of 1987. There was discussion about the land and sand blowing. It was mentioned that the same owners own the property. Mrs. Huckle recalled that the applicant had brought one of the most impressive presentations she had seen since being on thais Board. Attorney Summers responded that they are going to stick to that plan. Chairman Walshak agreed with Attorney Summers, but he said the City is suggesting that they go to a Special High Density (SHD) category in three areas on U. S. 1. If memory served him correct, this would be the third area that SH has been "shot down" in. He commented that the City needs the SH in the Coastal Management area on the water side. Chairman Walshak stated that the Board would not act on this tonight but would at the Special Meeting, when they sum up everything they discussed at the last two public hearings. He said the Board should take a look at the Coastal Management area from north to south and find some areas where they can put the SH category. Change in Zoning in Comprehensive Plan from C-3 for Grove Partners, Limited Property and Colonial Club, Section 1 - Non-Conforming Use to SHD Eileen Clark, 11 Colonial Club Drive, lives in Colonial Club, directly across Federal Highway from the parcel Attorney Summers was speaking of. The residents of Colonial Club are unhappy with the possibility of downgrading that zoning, as the Coastal Management Plan now reads. They support Attorney Summers' efforts to have a shopping center - 15 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 proposed action. They invested too much money to walk away from it. Attorney Summers remarked that it was a shame that internal problems were the cause of the project being delayed° His client would have been better served if the construction had continued. Chairman Walshak asked if the applicant had a target date. Attorney Summers answered that something is going to come to fruition. His client, and particularly the key investor in the group, realize something has to happen, and they have to go ahead. Attorney Summers stated that he has been in contract negotiations for the last three weeks with a group that looks very good. He did 'not want to make a promise to the Boa'rd. Attorney Summers added that he is pushing as hard as he can. He told Chairman Walshak he talks to Winn- Dixle probably more often than they like to hear from him. They are also talking to other developers and tenants about the property, and they ara talking to banks about construc- tion loans, so they are not sitting still, although that may be the perception. Mr. Aguila asked why the down zoning was being recommended. Mr. Annunziato answered that one reason had to do with plac- ing the impact of that commercial development potentially north in the Central Business District (CBD). He explained that there is only a certain amount of market to be redeveloped commercially. The second reason is the desire to redevelop U. S. I on vacant tracts residentially. That fs one of the things that appears in the Coastal Management Element. A third aspect tha~ was reviewed as part of the Coastal Management Element was the overall demand for Commercial Land Uses along the U. S. i corridor. Mr. Annunziato thought Winn.-Dixie would love to have a presence at this location, and probably one of the drug stores that the Board would recognize. Mr. Annunziato reminded the Members that these stores generally bring with them 100,000 or more square feet of fairly small bay retail outlets. Because of the shape of the market served by this location, you can only go north and south, and there are only people living north. Mr. Annunziato wondered about the economic vitality of the small users of the bays, who will occupy the shopping center. He thought this should be considered. Mr. Annunziato's "gut feeling" was that they would not be successful, and it will add to the vacancy rate. Mr. Lehnertz thought the C-3 zoning was quite appropriate. Mr. Annunziato pointed out that the current use has been 14 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 It was Attorney Summers' belief that such action on the part of the Board and the City would result in the property owned by Grove Partners having a market value, immediately after the down zoning, of approximately $3,000,000. Because Grove Partners has purchased the property, relying on C-3 zoning, and has spent considerable time and money in developing the property, the loss to Grove Partners would be $5,000,000 immediately. Attorney Summers, therefore, requested that the P&Z Board modify the plan in order to retain the C-3 zoning presently in effect on this tract of land. Mr. Richter felt Attorney Summers was absolutely right. He did not think the Board should arbitrarily down zone a piece of property without contacting the property owners. Chair- wan Walshak responded that the Board does not arbitrarily down zone anything, and he called attention to the fact that Attorney Summers was present tonight. Chairman Walshak said that the reason for the publi~c hearings was to address these questions. If they stand to lose $5,000,000 because of a zoning change, Mr. Richter thought the Board certainly should take it into consideration and leave it zoned C-3, based on Grov~ Partners' reliance on the marketability of their property. Mr. Annunziato stated that the applicant has reliance on the zoning so long as he uses it. He had talked to Attorney Summers about coming before the Board and presenting his position. Mr. Annunziato had also disclosed to Attorney Summers what was being proposed. He apprised the Members that the aPPlicant currently has no vested plan and, if the Board and Commission feels strongly that they should continue on the path they are continuing on, the issue of money would not be compelling. It may be compelling to individuals, but he did not think it would stop the City from doing what it thinks is important. Mr. Annunziato pointed out that the Plan, if adopted, will not be adopted until late 1989. If, in the interim, Attorney Summers' client secures a development builder and a new site plan, he thought Mr. Summers would be ~es~ing his rights. Mr. Annunziato advised Mr. Summers in that regard. Attorney Summers confirmed that he and Mr. Annunziato had discussions. He stated that he may not agree with Mr. Annunziato's view as to whether they have a vested site plan, but he was not here to debate that. Attorney Summers said they will take steps to do what is necessary to protect their rights in the property. His purpose in coming tonight was to tell the Board that they are very concerned with the 13 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 money for construction supervision, policing, advertising, publicity, legal fees, property taxes, and carrying costs on reliance of the C-3 zoning and the continued ability to utilize the site for a commercial shopping center. When internal partnership problems dictated that the immediate development of the property be delayed, Grove Partners, Limited began a marketing effort for the property, to either sell it to the developer for immediate development, or to form a jeint venture with another developer to complete development of the property. At the same time, they have continued their efforts to attract quality tenants to the site. During this period of time., Grove Partners, Limited has continued to pay carrying charges on the property. The total amount expended by Grove Partners, Limited on this piece of property is approximately $8,000,000. Attorney Summers said there is a strong belief by Grove Partners, Limited that a commercial shopping center is the best use of this property, compatible with the C-3 zoning presently shown on the C°mpreh~n~ive Land Use Plan. The characteristics of the site and its location mandate a commercial us~ of the property. At the present time, the site ls the only commercially zoned' area in this area. Winn-Dixie very much wants to ha~e a stor'e on this site. Their market studies have shown that a store located on this site will do very well. Grove Partners, Limited is aware that no new commercial development of any size has occurred in this area in the last ten years. The construction of a shopping center of the style and architecture planned by Grove Partners will serve as a magnet for future development and redevelopment of the area. Throwing up another apartment complex on the site wo~ld not help stabilize the area, and it would not encourage the redevelopment of Federal Highway. Attorney Summers pointed out that the loss of tax revenue to the City was another element that should not be over- looked, which is what the City would suffer as a result of the down zoning being proposed on this parcel. It was his understanding that the Plan presently before the Board for discussion recommended that the 16.9 acre parcel be down zoned to a high density multi-family classification, which would be a new classification in the Boynton Beach Zoning Code. The down zoning was being proposed without any input from Grove Partners, Limited, or its representatives. - 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 there, which would be of use to the resident. After elabor- ating, Ms. Clark urged that the property of Groves Partners, Limited not be down zoned. Ms. Clark appeared before the City Commission more than a year ago to speak about the fact that Colonial Club, Section 1, due to a zoning change in 1974, was placed in a non-conforming use category, which meant if 70% of the build- ing · s destroyed by a natural disaster, it cannot be rebuilt as is. When residents attempted to sell apartments, certain financial institutions would not grant them a mortgage on this basis. When Ms. Clark appeared before the City Commission, she had been told that it would be taken care of in the Coastal Management Plan, and she questioned whether it had been. She was impressed with t~e Plan but could not tell by reading the Plan, t~at this had happened. Chairman Walshak informed Ms. CLark that her question dealing with Groves Partners, Limited would be discussed at the next Special Meeting of the Board. With regard to the second question, Chairman Walshak informed Ms. Clark that a paragraph in the Coastal Management Element specifically ~uts~olonial Club into a conforming use. Because of the mortgage problems, the Boar~ had talked at great length about Colonial Club. At one of the earlier meetings, the Board had suggested that it be codified in the Zoning Ordinance. Mrs. Huckle thought it was interesting that Colonial Club was supporting a shopping center, when most people were supporting a residential use. Ms. Clark preferred resi- dential, but she did not know how likely that would be. One of the real concerns she had was that Federal money is available for low income housing, and she certainly did not want to see that area become low income housing. THE BOARD TOOK A RECESS AT 8:55 P. M. The meeting resumed at 9:10 P. M. Conservation Element - Quantum Park Chairman Walshak asked what the procedure is for transplant- ing shrubs, trees, and landscaping in the City. He wondered if the City follows prescribed AIA standards on transplant- ing in new developments. Chairman Walshak inquired whether the City has guidelines and Inspectors to see that they are followed. When plans are presented to the City, Mr. Annunziato said they come with a planting plan which not only identifies what is being planted at certain locations, 16 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 being planted at certain locations, but the physical elements of how the tree is planted. Mr. Annunziato explained. Chairman Walshak asked if the infrastructure and sprinkler systems have to be in. Mr. Annunziato answered that they do not necessarily have to be in at the time of planting. Everything that is required by the City is required at the time of C.O. (certificate of occupancy). Chairman Walshak determined that the City has no remedy to solve a problem where somebody is bringing in trees and letting shrubs and trees die. Mr. Annunziato knew of no City that had control of it. Chairman Walshak wanted to see it in Boynton Beach. Chairman Walshak referred to Quantum Park and the price of Canary Date Palm trees. A Canary Date Palm tree he wanted was $3,500. Chairman Walshak elaborated about Canary Date Palm trees in Quantum Park dying and being blown out of the ground. He did not see one tree with a stake, and the Royal Palms are dead. Sea Grapes were blown out of the ground for lack of water. As far as Chairman Walshak was concerned, that was a crime against nature. He felt the trees should be given a 50/50 chance to survive. Chairman Walshak thought it was about time the City gets a procedure. Landscaping Publix, South of Woolbright Road Dan Boyar, 712 S. W. Third Avenue, noticed a couple of problems with regard to landscaping around the City. The first incident occurred at the new Publix, south of Woolbright Road. Practically a whole hedge of beautiful Wax Myrtle was lost because it was not watered. There are problems there too where the grass is growing up to the bases of the Pigeon Plum trees. The lawn crews weed whack the bases of the trees and damage them. This could kill the urees. Gateway Plaza The above has also occurred at Gateway Plaza, and Mr. Boyar did not know why the City allows people to plant species of plants thatlwill grow into trees in front of places where people want to view. They wind up hat wracking the trees, which can deform and kill the trees. If someone wants a view of a sign, Oak trees should not be planted right in front of a building. Mr. Boyar explained. 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Quantum Park Mr. Boyar could not believe what happened at Quantum. Hundreds of native trees there want water. There was discussion, and Chairman Walshak expounded on why the City needs a procedure. Mr. Boyar repeated his above statements and suggested that the planting of trees where they do not belong should be addressed. He informed the Members that the City of Hollywood has a very progressive tree trimming Ordinance. Trees must be allowed to grow up and form a canopy. You can- not top (hat wrack) the trees. Pearl Wische, 1302 S. W, 18th Street, stated that at the last Community Appearance Board meeting she asked for a workshop meeting on this particular issue, so the City is going to start working on it. Chairman Walshak referred to the Conservation Element in the new Comprehensive Plan, and he thought that issue should be addressed in the Compre- hensive Plan. They could then codify it in the Zoning Ordinance. Mr. Boyar apprised Chairman Walshak that Kevin Hallahan, City Forester, has a copy of Hollywood's Ordinance. Chairman Walshak said the Board could act on it by sending something forth to the City Commission. He again expounded about Quantum. Code Enforcement Vice Chairman Blanchette reminded everyone that the City has Code Enforcement. There was further discussion. Chairman Walshak again elaborated about irrigation and referred to Building Inspectors watching construction go in. Vice Chairman Blanchette apprised the Members that the City's Landscape Code not only calls for the planting of certain materials, but it also calls for the maintenance of that material. It is part of the City's Code, and the Building Department is supposed to supervise that. The Code Enforce- ment Division takes it beyond that point. Once the Building Department issues a C.O., the Code Enforcement takes it. Vice Chairman Blanchette further commented about enforcement. Chairman Walshak repeated prior statements and asked the Members to come back to the next meeting with suggestions. Quantum Park Maurice Rosenstock, 1 Villa Lane, suggested that someone from the P&Z Department or the City Manager's Office write a letter to the owners and developers of Quantum and tell them what they have seen and that they want it taken care of. - 18 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Chairman Walshak wanted to prevent the situation from occurring again, and he reiterated his previous comments. Mrs. Rossi knew the City's requirements were to plant so many native plants, but she pointed out that they may not be the right trees for the~r-i~i~t habitat. It is scrub habi- tat there. Scrub habitat is like a desert, and unless they plant proper trees, they may as well forget it. Chairman Walshak advised that this was on both sides of the street and down the medians. Mrs. Wische wondered if there could be a ruling that irri- gation must be in place before planting. Chairman Walshak replied that he was going to suggest that. There were further comments. Housing Element Group Homes Page IV-25, Summary of Need for Group Homes in City of Boynton Beach Minimum Distance Between Group Homes Henrietta Solomon, 230 N. E. 26th Avenue, read from the last paragraph on this page that "a minimum separation of 1,800 feet is recommended, since this would accommodate the future demand for group homes to be addressed in the City's Compre- hensive Plan." She did not feel that 1,800 feet apart for the group homes was sufficient, as she thought they should be much further apart. The Florida Department of Health and Rehabilitative Servics (HRS) recommended a minimum distance between group homes of 1,299 feet, with a range of between 1,200 and over 2,000 feet. Mrs. Solomon thought 1,800 would give clustered housing, and she added that 1,800 feet is about three blocks. Mrs. Solomon said the object of the group homes was to have these people get into the mainstream of the area. She thought the number of feet should be doubled in order to make it effective and beneficial for both the home and the neighborhood. Mrs. Solomon read in another part of the Element that the incidents of violent behavior among resi- dents in these group homes is generally lower than the over- all incidents in the population. However, when violent or disruptive behavior occurs, the person is removed to a more intensive treatment facility, so she pointed out that there is the possibility of violent behavior in some of the homes. - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Mrs. Solomon read the last sentence on that page, "Group homes which meet this separation requirement, and which are compatible in size and capacity with other dwellings in the zoning district, should be allowe~ in all residential zoning districts." She urged that this wording be changed to say, Group homes which meet . . .other dwellings in the zoning district, will be allowed in all residential zoning districts." Mrs. Solomon did not think they should say it "should be". Mr. Aguila replied that the Board could not g~rantee that it would be. By smying "~hould be", Mrs. Solomon remarked that it will probably all wind up in one district, and she wanted it in everybody's district. Chairman Walshak referred to the extensive meetings the Board had on this, and he said the 1,800 feet came about because the Board wanted to suggest to the City Commission that the homes be put in R-3 and the Commercial designated areas in the City. He did not know whether the City Commission had acted on it. The Board said 1,800 feet because they were primarily talkinq about the Commercial areas. Mr. Annunziato interjected that the Commission never acted in finality. Now that it was in Residential areas, Mrs. Solomon did not think 1,800 feet was sufficient space. Chairman Walshak asked if she wanted to see it in all Residential areas. Mrs. Solomon had no objection to group homes, but she wanted a minimum of 3,600 feet. She repeated prior statements. Chairman Walsbak did not know how this would affect Leisure- ville, which is an adult homeowners association, as he did not know if that ruled children out of the Leisureville area. Mrs. Solomon pointed out that there are also adult mentally ill people. Chairman Walshak alluded to his neighborhood and other for~s of group homes. If there are deed restrictions that say they cannot have these kinds of uses, Mr. Annunziato did not think the group homes would be permitted. He asked about Adult Day Care. Chairman Walshak thought the point they were making was that if it is put i.n one area of Residential, it should be put in all areas of Residential equally. He believed that was the premise they operated under initially when they said to put the group home~s in R-3 and Commercial areas and keep them 1,800 feet apart. There was discussion about condominiums. Because of the Condominium As~sociations Charters, Chairman Walshak said anyone under the age of 60 would not be allowed in the 20 - '?'T' ...... MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 community, but other residential areas in the City would have to take them, so it was not fair. Chairman Walshak told Mrs. Solomon that the Board would probably make a decision on April 12th and send it forth to the City Commission for ~neir public hearing on April 26th. Mrs. Solomon repeated her concern about the 1,800 feet. Mr. Lehnertz drew attention to the last sentence on page IV-25, and read: "Group homes which meet this separation requirement, and which are compatible in size and capacity with other dwellings ." He thought that was the entire key to this. Mr. Lehnertz explained. Future Land Use Element Harvey Oyer, 227 S. W. 15th Avenue, stated that he owns property on Ocean Avenue, on N. E. 3rd Street, and on N. E. 1st Avenue. His mother owns property on North Seacrest. Page 78, 4.d. North side of Woolbright Road between Interstate 95 and S. W. 1st Street Mr. Oyer was pleased that the Board was considering some change on what is now R-1AA zoning. He told why he is familiar with the Woodcrest Manor area, In 25 years, Mr. Oyer did not think a home has been built on S. W. 15th Avenue. Obviously, the land use is not proper. Most people who bought there have moved away and have rented their properties. Mr. Oyer thought the change to Professional or C-1 was good, but he did not think it would be workable in the manner in which it was projected. Mr. Oyer reminded the Members that the two main avenues that people coming into Boynton Beach see are Boynton Beach Boulevard and Woolbright Road, if you use 1-95 as the central artery of the community; and the approach from 1-95 towards the ocean is the impression the City makes on the newcomers into Boynton Beach. Many people who own businesses on Boynton Beach Boulevard have done an excellent job on their buildings, but it is obvious that they are converted single family residences. They were not desirable for residential purposes and were put into Commercial use of a one lot depth. The City is not able to give any greater use. The City has had criticism and tried to have moratoriums on putting a Kentucky Fried Chicken opposite a $10,000,000 municipal complex. Mr. Oyer felt it was the only thing the 21 - MIATUTES - PLANNING & ZONING BOARD BOTfNTON BEACH, FLORIDA MARCH 22, 1989 City could do unless they gave depth. He suggested that on the zoning here, they change the land use pattern from 15th to 14th, and through their job site requirements, they prohibit any exits or entrances onto 14th, add a six foot concrete wall and make a residential setback of 25 feet. Mr. Oyer said the City should make the property owners put in a sidewalk and landscaping and should allow whatever height is allowed throughout the City. He thought it would benefit the people to the north by acting as a barrier to break up the gas fumes and noise. Mr. OYer commented on the difficulty keeping a house clean when there is dust and oil fumes. Be stated that real estate brokers do not set the price. The market establishes it. Mr. Oyer told of a house in back of him on 14th selling for $64,800. With the minimum zoning of 1,500 square feet, when he called the Building Department and asked how they evaluate current construction, it was in excess of $48 a square foot. Therefore, they are selling homes at less than the cost to replace them and throwing the land and landscaping in. Mr. Oyer stated that the land use pattern has not protected the homeowner. Some homeowners can think if they are changed to a different use that they are being forced out. Mr. Oyer advised that the market establishes the value as a home. When the land use pattern is changed, it allows a higher range of values, and the homeowner has the ability to take advantage of it at a later date. Even though this would allow Mr. Oyer to make a different use of the property, he thought the people to the rear should be able to have it, and he thought the City would be able to put together more parcels to a greater use. When driving down Seaerest between Woolbright Road and the hospital, Mr. Oyer said they will see a building under construction by Roy Simon. It is a beautiful building, but he has not been limited to one story. If the Board would say they have a height limitation that applies throughout the City, it would allow people to accumulate property and put something in that would be desirable; it would improve the approaches to the City, and raise the amenities of the people to the nortk. There would be less traffic. Chairman Walshak totally agreed with Mr. Oyer. At the meet- ing of March 9th, the Board discussed this Element and the paragraph Mr. Oyer was referring to. A consensus of the 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Board was taken at that time, and the Board is recommending that it be C-1. Chairman Walshak had fought to build the C-1 out to the normal height limits of the City, but it was the consensus of the Board that they wanted it to be one story. He had also suggested that they should also extend the C-1 back to 14th Street. Chairman Walshak elaborated. Mrs. Huckle pointed out that if they change the zoning from R-1AA to C-l, they will be encroaching on an R-1AA neighbor- hood. Chairman Walshak responded that they would be increasing the value of that property. Mr. Oyer alluded to when he took courses in urban land utilizat~ion and city planning at the University of Florida. He referred to what happened 40 years ago, and said in our community today are duplexes that are slum uses of property. Many si~es do not reflect credit on the community because they ar~ zoned ~'Duplex", which means you can take an exist- lng housle, divide it up, and overcrowd it. Mr. Oyer referred to the years he has lived in the City and he mentioned North Seacrest Boulevard and said he can see it changing constantly. He alluded to the City paying thousands of dollars for reports saying the City has a blighted neighborhood, when you can read it in the newspaper. Mr. Oyer did not have to read the report or newspaper to know there is a blighted neighborhood, because he can see it every day. The City's land use patterns create a portion of this. When you come off these Avenues and see the downgrading of the property by the Residential use of them, Mr. Oyer told the Board that they were creating a cancer that spreads to it. His insurance clients tell him they are selling and moving because they see a downward trend of property values, and they do not want to invest money. They are not opposed to the people they see moving in, but they say their invest- ments are shot. Mr. Oyer thought there needed to be serious consideration by the Board on changing some of the land use patterns, particularly along Seacrest and Woolbright. Chairman Walshak asked if Mr. Oyer agreed with going from the Residential designation on Woolbright, between Seacrest and 1-95, and taking it back to 14th Street. He asked if the homes on the south side would appreciate or depreciate. Mr. Oyer thought they would apprec±a%e. Some Members wondered about the property on the north side of 14th Street. In some ways, Mr. Oyer thought they would be better off. If these areas are turned into Professional with no exits - 23 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 onto 14th Street, with a setback like is required for resi- dential homes, put up a wall and a sidewalk, they may save lives by getting kids off the streets. There was discussion. If they were to take what they have for Boynton Beach Boulevard between Seacrest and 1-95 and apply those same guidelines to the north side of Woolbright Road, Mr. Lehnertz asked if Mr. Annunziato would have any thoughts. Mr. Annunziato answered that there is a substantial difference. One is a State highway which will intersect every north/south highway in Palm Beach County as a right-of- way of regional importance. Secondly, there better be some substantial public policy to be forwarded when they make a decision like that. Mr. Annunziato said that related to redevelQpment along the Boynton Beach Beach Boulevard corridor. He thought they had to think in terms of what will happen in the area. They will end up pushing the problem northward. Mr. Annunziato thought i.~ would impact on the values of the Property on t~e north ~ide o~ 14th Street., as they will probably become less desirable. Chairman Wat~hak disa~red, as he thought they would become more desirable. Mr. Aguila thought some of the things Mr. Oyer was saying made sense. Mr. Annunziato assured Chairman Walshak that Mr. Oyer's comments will be brought up. North Seacrest Boulevard Mr. Oyer stated that his mother's home is in an older, mixed neighborhood, primarily surrounded by rental property. He thought what was needed on North Seacrest Boulevard was not Duplex zoning and not Commercial. Mr. Oyer thought the Board needed to consider a different type of land use keyed to the owner/occupants. He referred to years ago, when you could have a variance keyed to the ownership. Mr. Oyer could see where a professional man, an Attorney, CPA, Archi- tect, Insurance Agent, or Real Estate Broker might want to buy a home on Seacrest Boulevard and have an incidental office use. Mr. Oyer informed the Members that his mother lost 35 feet of depth of her lot because of traffic and a sidewalk being put eleven feet from her house. What was paid by the County would in no way measure the amenity lost. Mr. Oyer felt the City needed to counteract that with some benefits to live on those streets. Some fine old homes are in the City, and the Board may need to consider a Prehistoric Preservation Ordinance to where they cannot arbitrarily tear down a building without some kind of hearing if a building is over 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 a certain age. There are ways the City could give compensa- tory b~nefits to the property owners to where it would raise the values and usage and make it an attractive community. Some neighboring communities have hit bottom, and are start- ing up. Mr. Oyer said it is a prestige item to restore some of these older homes. He thought it offered a real challenge to the Board to do some constructive items that would upgrade Seac~est Boulevard in particular, because it is a local north/south road, and it gives people an impression of what the City is like. Boynton Beach Boulevard Mr. Oyer suggested that the Board consider taking N. E. 4th Avenue and N. W. 4th Avenue and trying to connect it from the railroad to Galaxy School and make all of that below it a Commercial or large apartments. Chairman Walshak informed him that was what the Board had done. In carrying it out, Mr. Oyer stated that it would require condemning some property to extend the street through some subdivisions that run opposite to where the existing ones are. Mr. Oyer asked if the present planning and zoning allow the City to go north of 2nd Avenue more than one lot or if it stops at the alley. Chairman Walshak answered that it stops at the alley. If they are looking at the usage of property, Mr. Oyer pointed out that the present post office is antiquated and is a detriment to the town in its accessibility. He thought if the City would take the area from 4th to 2nd east of Seacrest and add it to the CBD, that maybe the Community Redevelopment Agency (CRA) should consider trying to condemn it far enough and lease a building to the post office and get it across the street from City Hall witk adequate parking. The City has a lot of retirees, and Mr. Oyer called atten- tion to the fact that there is no Social Security office in the City. Here is e major artery with bus stops, where people can get to and from places. Mr. Oyer thought the Board had an opportunity to project some uses. Where the post office is, Chairman Walshak thought the City Planning Department suggested C-3, and the Board suggested C-1. Mr. Oyer was suggesting that the Board make an active effort to acquire the whole block north o~ City Hall and put it into a complex, where there could be a post office, a Social - 25 - MINUTES - PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD MARCH 22, 1989 Security office, and possibly an HRS office. Chairman Walshak thought a lot of those related amenities would be springing up around City Hall, and that was why the Board suggested keeping the property C-1 for office work. Property Between The City Complex And The FEC Railroad Mr. Oyer also owns property between the City complex and the FEC railroad. The roads were platted there 60 to 80 years ago, and the streets are substandard. People wonder why the City cannot develop them. Mr. Oyer suggested that probably that area needs to be put into the CBD also, on the west side o~ the FEC. Chairman Walshak thought the CRA should address that particular issue. Mr. Annunziato apprised everyone that it is in the expanded area. He explained that the redevelopment plan has not been adopted, but the redevelopment area has been expanded. There were further comments. Bridge And Ocean Avenue Mr. Oyer had mixed reactions about the bridge, if it is re- located, because his business is on Ocean Avenue. If the bridge is relocated, he thought they should put in the plans for that street that up at the Intracoastal, it should be designated as a park area so that the public can use it if and when the bridge is ever torn down on Ocean Avenue. Mr. Annunziato did not think there were any plans for Ocean Avenue, east of U. S. 1. If the highway would be relocated, he thought that portion of Ocean Avenue would become a local street under the auspices of the City. The plans Mr. AnnunZiato had seen for the removal of the bridge at Ocean Avenue showed that both sides of the Intracoastal would be bulkheaded, and a cul-de-sac would be placed at the end on both sides. It would become pedestrian oriented. At that point, Mr. Annunziato thought a lot could be done to enhance the pedestrian nature of that road, and he elaborated. Tradewinds Two of the big critical issues, whether it is in Boynton Beach or national, are crime and drugs. Sometimes a homeless person is sleeping on the park bench next to Mr. Oyer's office. He could see somewhat of a deterioration, and he thought part of the blight on the community is the lack of identity of the heritage in the community. It is carrying over into the younger people. Mr. Oyer recalled when there was a high school on Ocean Avenue. 26 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Although it is touchy and controversial, Mr. Oyer wondered if the Board would consider designating part of the Trade- winds area as a school site. Overpass Over Ocean Avenue About ten or 15 years ago, Mr. Oyer recollected that the State was holding a hearing as to an overpass on Ocean Avenue. He alluded to a former friend who had been on the City Commission and who is now deceased. Leisureville was just getting started, and a few people who showed up were afraid ~people would drive on their streets and create problems. Mr. O~r pointed out that the people in Leisure- ville are surrounded by the railroad and 1-95 on the east, with high speed fbur, five, and six lanes boxing them in. If there was an overpass over Ocean Avenue coming into town to where the people living there could get to the municipal complex, the library, and the ocean without having to get on the other major thoroughfares, people would not be driving over Leisureville's private residential areas. It would be bringing people into the downtown and to the beach. Mr. Oye~ suggested that they could also have Lolly the Trolley. Schools Mr. Oyer thought there should be a school located in the center of the City. Articles in the newspaper read that the Chairman of the Palm Beach County School Board has been advocating bringing the schools back to the 1-95 corridor. By following developments in building schools, the School Board has bussed the blacks in each community. What Boynton Beach has is children going to three different high schools. Mr. Oyer called attention to the newspaper articles which said a Boynton black killed two Police Officers in Miami. A Boynton black killed a Police Officer in Tampa. Mr. Oyer stated that you do not see any constructive thing of the young men and women in the black community who have gone to college and made successes of themselves. You also do not see where they have been academic All-Americans in football and first draft choices. The lowest income people are suffering under the present division in the school system. Mr. Oyer talked about his children and said they would not be affected by this, and he elaborated about the community and getting a school. 27 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Page 53, Flora and Fauna Plan Dan Boyar, 712 S. W. 3rd Avenue, drew attention to the third paragraph, and he read the second and third sentences. He said the value of these natural areas is much more than what is stated in the paragraph. Mr. Boyar thought the paragraph should acknowledge that the native ecosystems offer much more. He wanted to add something about the areas being living, natural historic sites, representative of the real and original South Florida. Such areas convey a sense of history and place unique to the City. Chairman Walshak suggested that Mr. Boyar write something out and give it to the Board at the next meeting. In the same paragraph, he wanted it stated that the ecosystems are living museums in the sense that they offer educational and scientific resources to the City. Mr. Boyar felt the para- graph was just glossing over these areas, and he said they ars far more important than what was indicated in the para- graph. Chairman Walshak repeated his suggestion. Page 28 Mr. Boyar referred to the next to last paragraph, which addresses the scrub Jays in the City. He stated that the paragraph should include that several scrub jay populations exist in the Boynton Beach scrub sites. This has been indicated in the last paragraph for the gopher tortoises. What is in here is misleading. There is not just one popu- lation in the City. There was discussion about the popula- tion of scrub jays in Boynton Beach and in the County. This was stated in the letter from Dr. Iverson. Mr. Boyar suggested that perhaps the sites could be listed so it would be clear as to where the scrub jays are found. He knows they are on the Seacrest scrub, the Rolling Green scrub, where the ballfields will be built, and on the site south of the water tower. They are also on the Winchester site. Mr. Boyar added that they are also likely to be on the southern portion of the Tradewinds site. Mr. Annunziato said the remaining sites of vegetation in the City are listed on a map, and they are described, but it is not specifically described on each site as to which endangered species are present on the site. It was his understanding that it was the desire among some environmentalists to not list what is on the sites because people will poach. 28 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Mr. Boyar had a copy of the Element, and Mr. Annunzlato referred him to pages 23 and 24. Mr. Annunziato and Mr. Keller explained how the endangered species had been shown on the map and classified. Mr. Boyar read from the paragraph, "This unusually tame and interesting species exists in the county as perhaps three very small populations, one in Boynton Beach." Mr. Aguila asked if they could just follow that up by saying there are several scrub sites in Bo~nton Beach. The last paragraph says several sites in Boynton Beach have gopher tortoises. If they could say that about the gopher tortoises, Mr. Boyar thought they should also say it about the scrub jays. Special High Density District and Municipal Activity Centers Dan Corbett, Attorney at Law, 1901 South Congress Avenue, 'Suite 302, mentioned, at the last public hearing, comments in connection with municipal activity centers as a concept and also, in conjunction with the SHD District, it was his suggestion that the present Future Land Use Element may be too conservative in its approach to implementing a concept that seems to be looking for a way to make itself work. Another way to characterize it is that it is a careful, thoughtful plan because it only proposes modifications where it will not cause a problem with existing adjoining uses. That was fair and as it should be, but Attorney Corbett said it does not perform the function he thought the Board wanted to perform in terms of providing for future land uses on a five year horizo~rather than the horizon of the immediate present. Future Land Use Element Page 49 Attorney Corbett saw prior comments which related to this concept, and he said the City has the area within which they want to see the concept work. He read from the first para- graph, "The Coastal Management Element recommends that a Special High Density land use category be created, with a maximum density of 16 dwellings per acre. The application of this land use category would be limited to the Coastal Area, however." Attorney Corbett emphasized that the City has its area fine tuned to work with existing uses, but tonight, it was pointed out that it has been highly criticized in all three sites where it is proposed. 29 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Attorney Corbett proposed that they create an overlay concept analogous to the municipal activity center within the area that they already determined it is an appropriate use. It would just be an increased intensity of use. After they do the Comprehensive Plan work, they should set up this free floating overlay concept, but they should require in the zoning that there be a certain minimum parcel s~ze under uniform development, if not ownership. The City has an existing one story residential area east of U. S. 1 in the Coastal Management Area. The Board says it will permit an SHD district anywhere in the area that they determined in their study to be that area, if they get one block or two blocks (five or ten acres). Attorney Corbett felt they should have a little flexibility and have a site big enough to provide within itself a buffering element for the adjoining uses. If the concept is going to work, it would provide for market forces to acquire the sites. A~torney Corbett explained. He also suggested that they did not have to have it all finalized to make the concept work. That could happen when they do the Zoning Ordinance. They do not have to be too specific at this point. Woolbright Road A~t0rney Corbett continue~ by s~ying the same concept works w~th the other problems tne Board has. They were addressed tonight with respect to the Woo~bright Road corridor. As a public body, Attorney Corbett said the Board is always going to have disgruntlement. The way to minimize that is to provide a vehicle where the change occurs through private forces to find willing sellers and know, with a reasonable certainty, that they have an insured ability to develop a site. Speaking to the Woolbright corridor east of 1-95, Attorney Corbett thought they should think of a concept that would permit a mixed use of residential and commercial. This would be implemented into the Zoning Ordinance after the concept is put into the plan. Instead of doing as the Board was doing now, (talking about a six foot fence one block in), - 30 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 this concept would not work for five years. If it does work, it will work to the disadvantage of Boynton Beach because it will provide long suffering complaints. Attorney Corbett stated that the Board's concern was how they could move the necessary number of blocks off Woolbright into a residential neighborhood. When they discuss this minimum parcel size for the SI~D District, he said they can also discuss a minimum parce~l size for the mixed use Commercia~/Res/dential District. If this site is acquired and comes about within an area where they think this concept is appropriate, Attorney Corbett said they could then buffe~' CommerCial ~ses ~ putting appropriate High Density Residentlai mhd s~ep ~ow~ into the single family, one stor~ Residential. Boynton Beach has a tr~icky problem because it is a small town that is becoming one of the largest cities in the County, and it has to deal with the problem of existing people and single ~amily residences t~at are in areas that are no longer appropriate for that. As a legislative body, Attorney Corbett advised that the Board cannot rezone them and have them be happy voters, so he suggested the concept of a mixed use center with a parcel size that the Board should~determine, to be the necessary size. This could be an overlay concept that the Board could use on the Woolbright corridor, just as they could also use it on the Boyn~on Beach corridor and on the east side of 1-95 at N. W. 22nd Avenue. To deal with the consistency problems, Attorney Corbett said the Board has to use the language they are using in constru- ing this to be consistent with another adjoining district. He thought that could be easily managed. Mr. Richter liked Attorney Corbett's overlay idea and, especially, the portion east of U. S. 1. Chairman Walshak stated he would like to see more of SHD in the Intracoastal Management area. Solid Waste Element Michael Rump~, Assistant City Planner, was to give a presentation on this Element. Mr. Annunziato told the Members it was item E in the Utility Element. It was decided this could be presented at the next meeting. - 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 22, 1989 Motion Mrs, Huckle moved to continue the public hearing until Wednesday, April 12, 1989 at 7:30 P. M. Mr. Zimmerman seconded the motion, and the mOtion carried 7-0. ADJOURNMENT The meeting properly adjourned at 10:37 P. Patricia Ramseyer t[ Recording Secretary ~ (Three Tapes) - 32