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Minutes 03-09-89 MINUTES OF PLANNING AND ZONING BOARD WORKSHOP MEETING HELD AT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, THURSDAY, MARCH 9, 1989, AT 9:00 P.M. CONTINUATION OF DISCUSSION ON PROPOSED COMPREHENSIVE PLAN PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Jose' Ag uila Gary Lehnertz Marilyn Huckle Daniel Richter Carl Zimmerman Murray Howard, Alternate ABSENT Nathan Collins, Jr., Alternate Carmen Annunziato, Planning Director Tim Cannon, Senior City Planner Chairman Walshak called the meeting back to order at 9:03 P. M. Chairman Walshak referred to the memorandum dated March 8, 1989 from Mr. Annunziato and asked if this was additional information for the Board. Mr. Annunziato stated this was the Ordinance for redevelopment. He clarified that the Ordinance contains the recommendations of the Redevelopment Plan. The Plan attempts to force people to aggregate pro- perties. In return some benefits will be given but ~he owners must agree to certain things as well. Mr. Annunziato stated that the intent of the larger lots is to get better development. This would accommodate buffers better. The suggestion is that at least one acre be available prior to development. The comments made at the workshop which began on March 6th had been incorporated on a new handout provided by Mr. Cannon. Mr. Cannon also noted that the consultants were present to answer any questions the Board might have. SANITARY SEWER SUB-ELEMENT Page IV-4, Policy 1.4.3 The Consultant stated that the City does not have a ~olicy for reserve funds for system repairs at the present time. This comment stated that the reserve fund will be 120 per- cent of the previous year's expenditures. This figure was taken from American Water Works Association and is the level recommended by them for this process. The figure can be higher or lower, depending on the wishes of the City. There MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING ON COMPREHENSIVE PLAN BOYNTON BEACH, FLORIDA MARCH 9, 1989 was further discussion regarding the figure and whether or not the Director of Utilities was in agreement, and the Consultant did not feel he had strong feelings about this figure. It was noted that Mr. Swan, Utilities Department, keeps records, but it was not known in what form the records are kept. Chairman Walshak felt that if information was available for the past five years, the Board would have more of a basis for a percentage. Mr. Annunziato stated that he would see what information is available. Chairman Walshak noted this is for routine repairs. Page A-30, 3rd Paragraph Mr. Cannon noted that odor control is not addressed in the Utilities Element at the present time. The Board members felt this was a big item and should be included. Mr. Zimmerman felt something should be included in the Comprehensive Plan. The consultant noted this was not included in the text as information was not available at the time. The consultant felt that when the Master Plan has been completed, this should be spelled out as to what the two cities (Boynton Beach and Delray Beach) plan to do. Chairman Walshak stated that this comment addresses future expansion on the Plan itself. He wanted to see all future planning address the odor control issue. It was felt that the City should not be too specific as the City will have to live by its Comprehensive Plan. It was also noted that the cost to provide odor control will be very expensive. Chairman Walshak stated that this paragraph addresses any future expansion on the plan itself. He wished to see on any future expansion of any type, that Boynton Beach suggest up front that any plans address odor control. Mr. Zimmerman was concerned about a possible conflict between Delr~y Beach and Boynton Beach. Mr. Annunziato explained that Camp, Dressler and McKee, con- sultant to the South Central Regional Wastewater Treatment and Disposal Board (SCRWTD), is in the process of evaluating the expansion and odor control. They will prepare the Master Plan for this Board. This is due in about four weeks. Mr. Annunziato noted this plan will then track the actions of the SCRWTD. That is what will end up in the Comprehensive Plan according to Mr. Annunziato. TherD was further discussion, and Mr. Annunziato stated that he felt the SCRWTD Board would do the right thing. Mr. Howar~ wished to see a statement stating that before expansion, that the odor be under control. Chairman Walshak noted that -2- MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING ON COMPREHENSIVE PLAN BOYNTON BEACH, FLORIDA MARCH 9, 1989 Mr. Howard was taking it a step further. Chairman walshak was concerned with only the expansion and that it beidone properly. Mr. Annunziato stated that it made no sense to put in any policies that do not track the activitiesiof the SCRWTD Board. If the SCRWTD Board does not agree tolit, it will not be done. Mr. Howard wanted to make that suggestion. Mr. Annunziato suggested this be tracked over the regiew of the COmprehensive Plan. It will become more specifilc within the next month. The Board agreed with this suggesti?n. Page A-30 Mr. Cannon noted this is for the demolition of the old sewage treatment plant. This was reviewed in the La~d Use Element, and the Board took the position that this s%ould'be demolished as soon as possible. SOLID WASTE SUB-ELEMENT This sub-element is being prepared and will be available prior to the March 22nd meeting. DRAINAGE SUB-ELEMENT Page B-12 This comment is in regard to the problem at Industrial Avenue and Boynton Beach Boulevard which was brought iup at a previous meeting. This issue will be addressed. There was discussion about people paving or placing gravel in the swale areas. POTABLE WATER SUB-ELEMENT Page IV-8, Policy 3.4.3 Mr. Annunziato stated they will collect some data before finalizing this percentage. Page IV-7, Policy 3.2.6 This comment clarified the text to define the area under consideration. NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT No comments were made on this sub-element. -3- MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING ON COMPREHENSIVE BOYNTON BEACH, FLORIDA PLAN MARCH 9, 1989 COASTAL MANAGEMENT ELEMENT Walter Keller, Consultant for the firm who prepared this element, was present. Mr. Keller noted that the site at the southwest corner of Woolbright, west of 1-95 had been missed on their original survey of native habitats. Part of this area has been cleared, but this should be looked into. Mr. Annunziato stated that parcel had been cleared four or five years ago (close cut). It was then allowed to grow back, and grew back as a scrub oak area. When the Conservation Element was being drafted it was probably covered with scrub oak over most of the site. Recently it has been close cut again. Mr. Keller noted it is not a prime site. Chairman Walshak was concerned about the Tradewinds property and if it was advisable to do anything at all with that pro- perty prior to the litigation being settled. Mr. Anmunzlato stated that the City Attorney says that the Comprehensive Plan includes that property. Mr. Annunziato did not think the land uses should be discussed as they are part of the litigation, but he did not see any reason not to enforce the environmental regulations. It was noted that the litiga- tion could run for several more years. Mr. Annunziato would get something in writing from the City Attorney addressing the legality of this issue. Mr. Keller statsd this was the only site which had received feedback from the publid. Mr. Annunziato noted that the Mission Hill area has been addressed previously and the people are totally aware of the status of the environmental issues. The plan is to cluster the homes and leave about a third of the parcel. Mr. Zimmerman noted that he felt clustering the density could also be a problem, but it could not be expected that the developer would give up the use of his land. Mr. An~unziato felt this was a fair way to address these issues. Chairman Walshak was concerned about notification of property owners in these issues. Mr. Annunziato noted there was new~paper notification and the Monthly Newsletter carried information.~ Mr. Cannon noted there will be 8 separate advertisements of 1/4 page size for these hearings. Chairman Walshak was con- cerned about the people who live out of State. Mr. Annunziato stated that when a person owns property in an area, they should be informed by purchasing a newspaper from that area. Board members expressed their concerns ~bout the notification given the people for Comprehensive ~lan changes being proposed. Mr. Cannon noted it would be dif- ficult to notify all the people personally who might Be affected by the proposed changes. -4- MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING ON COMPREHENSIVE PLAN BOYNTON BEACH, FLORIDA MARCH 9, 1989 Chairman Walshak wondered how many properties were proposed to be changed. Mrs. Huckle did not see how anyone could tell from the advertisement which properties were affected. Mr. Annunziato noted that the plan was for the people to see the advertisement and call for further information. Mr. Cannon noted that many problems could be created by trying ko notify everyone. The City could even be discriminating by notifying people. Chairman Walshak requested that Mr. Cannon make a note that at the April Special Meeting that Chairman Walshak wished to bring up the Group Home issue. Mr. Rosenstock commented that the Cit~ may have the right to rezone the Tradewinds property under the Comprehensive Plan, but as a matter of practicality, he felt the Board should consider the strategy of the lawsuit. Mr. Annunziato stated there was no recommendation to change the zoning of this property. Chairman Walshak was concerned about the 43 acres which were recommended to be put into a conservation area. Mr. Annunziato stated that the City cannot ignore that a conservation area exists at the corner. Chairman Walshak was concerned about the 8 to 10 acre parcel in the southwest corner which is marked as a Class "A" site. He had looked at this site and saw nothing but garbage there. Mr. Aguila felt he was referring to the wrong area. Chairman Walshak clarified he was talking about the area next to Wool~right Road. Mr. Keller agreed to look at this site. Page 63, 2nd Paragraph This was a technical comment from the Building Official, and was discussed at the previous meeting. Mr. Annunziato noted that the original information was incorrect. Page 76-77 Mr. Annunziato stated that the Board had requested that current zoning be shown in the table, which will be dDne. Page 76 This makes the language the same as in the Land Use E~ement. -5- MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING ON COMPREHENSIVE PLAN BOYNTON BEACH, FLORIDA MARCH 9, 1989 Page 97, 2nd Paragraph This comment was added by Risk Management, and states that the Civic Center is to be demolished in 1989 and no ~eplace- ment shelter has been designated to date. Page 99, last paragraph This comment was also added by Risk Management. Page 101, Policy 2.1 The wording was changed to indicate that the City should "encourage" the State to retrofit existing drainage ~utfalls from U.S. 1 and Boynton Beach Boulevard. ' Page 102, Policy 2.5 i Mr. Keller stated the consulting firm felt that hookup should be required whether long or short term. Mr. Annunziato stated there were two elements to theipolicy. One involves flushing of the water and the other in ~ requiring the sewer hookup. The Board was in agreement and Mr. Annunziato agreed to make the wording clear on this matter. ~ Page 102, Policy 3.4 Mr. Cannon stated the Board and Commission wanted th~ language stronger as to what the South Lakeworth Inlet district will do in regard to minimize beach erosion.! Mr. Aguila had a note which stated they would place ~he sand in the right place, and Mr. Cannon agreed to include ithis note. Mr. Annunziato felt this involved pumping. I Page 103, Policy 4.3 i Mr. Cannon stated the intent is that in some cases sainitary sewer hoOkup might not be possible at the time of hookup to the water system, but provision should be made in the! Agreement that when sewer hookup is available, the pe!rson approved for water will hookup to sewer. There was ~ discussion about the areas this was addresssing. Mr.i Keller stated it was originally written for the County pockets along U.S. 1. Mr. Annunziato stated that County is wQrking on a new program where they will offset a substantiall por- -6- MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING ON COMPREHENSIVE PLAN BOYNTON BEACH, FLORIDA MARCH 9, 1989 tion of the utility installation costs if the pocket will agree to annex. He used the Tradewinds subdivision down on U.S. 1 and the Intracoastal as an example. There was further discussion about the costs to those people to hookup. Mr. Annunziato would check into the situation to see where they stand. Page 104, Policy 8.2 Mr. Cannon stated this exempts the City from enforcing speed limits for boats. Delete "and enforce." Page 104, Policy 8.3 This adds that the mangrove area in question is located within the CBD. Page 105, Policy 9.1 Deletes "and boat ramps." Mr. Aguila noted they had discussed deleting more of ithis section, but Mr. Keller felt they should leave the f~rst part in as it includes the objective. The Board agreed. ADJOURNMENT ~ It was ascertained that Mr. Keller would be present at the next public hearing so the meeting properly adjourned at 10:05 P~M. until after the meeting to be held on Mar~h 22nd. Peggy Cressman Recording Secretary (One Tape) -7- MINUTES OF PLANNING AND ZONING BOARD SPECIAL MEETING HELDAT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, THURSDAY, MARCH 9, 1989, AT 7:30 P.M. PUBLIC HEARING ON PROPOSED COMPREHENSIVE PLAN PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman JOse' Aguila Gary Lehnertz Marilyn Huckle Daniel Richter ~arrived at 7:55 P.M.) Carl Zimmerman Murray HOward, Alternate (Siittlng with the Board) ABSENT Nathan Collins, Jr., Alternate Carmen Annunziato; Planning DirectOr Tim Cannon, Senior City Planner Chairman Walshak called the meeting to order at 7:35~P. M. and led the Pledge of Allegiance to the Flag. He thgn introduced members of the Planning Staff, Board Members and Johnnetta Broomfield, Director of Community Improvement. ANNOUNCEMENTS I A. Public hearing on Proposed Comprehensive Plan,.b~fore Planning and Zoning Board: March 22, 1989 at 7.3d P.M. in City Commission Chambers. B. public Hearings.on Proposed Comprehensive Plan, ~efore City Commission. ~ril 25, 1989, May 3, 1989, and May 16, 1989 at 6.00 P.M. in City CommissiOn Cha~ ers. Intent to Hold and Advertise Public Hearing on Pr Comprehensive Plan before City Commission, prior adoPtion of plan. Mr. COMMUNICATIONS Annunziato read the above announcements. None. OLD BUSINESS None. -1- Dposed ho MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 NEW BUSINESS A. Public Hearing: Proposed Comprehensive Plan People in the audience were instructed to fill out a form which was located on the counter if they wished to speak on any item concerning the Proposed Comprehensive Plan. Mr. Annunziato stated that a record will be kept of all com- ments made by'citizens as well as Board members and City Staff. He noted that all cities in Florida are currently working on their Comprehensive Plans or will be doing so in the very near future as a result of Growth Management Legislation. Boynton Beach has been working on their Plan for the past two years, starting with the Housing Element. There are ~lne elements to the Proposed Comprehensive Plan, and the Plan is due in June, 1989. Mr. Annunziato stated that as a g~neral requirement, public hearings were required so that the public could participate. Four workshop meetings were held prior to this public hearing. No deci- sions have been made and public input is encouraged. More public hearings will be held than required by State Statutes. Daniel Corbett, 1901 S. Congress Avenue, Suite 302, stated that he wished to speak as a business resident of Boynton Beach. He has offices in the Woolbright Corporate C~nter, and has been in Boynton Beach for approximately 5 years. He had reviewed several of the Element~ (Housing, Coastal Management and the Land Use Plan) and wished to give some of his personal views. Mr. Corbett wished to offer ~ome comments and see if they were of interest to anyone. Mr. Corbett has worked with the Chamber of Commerce in the Downtown Development Committee, and for the past 4 or 5 years with the Community Redevelopment Agency (CRA) to foster redevelopment in the downtown area. He volunteered assistance at no cost to parcel owners in the downtow~ district who might be interested in aggregating parcels and perhaps creating more efficient economic uses to take advan- tage of the zoning that was adopted in conjunction wi~h the CRA. No one had taken advantage of his offer for fre~ legal services. Mr. Corbett continues to have an interest ~n the ongoing development in the City. He made four interrelating comments: He felt the City should give full consideration to a concept which would be similar to the conservation overlay, but would be for a different purpose. It would be to encourage -2- MINUTES PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 development rather than retain areas in a conservation situation. It was not designed to conflict. He felt an overlay concept he referred to as a Municipal Activity Center should be developed. He felt there were three loca- tions where this could be used. so Intersection of Boynton Beach Boulevard and 1-95. Th~ existing school use in the northeast quadrant poses significant problems according to Mr. Corbett as this is the major arterial for people coming out of the City into the City. Considerable problems already exist at rush hour with peoDle trying to exit 1-95 a~d get onto Boynton Bea Boulevard. He expressed concerns for public health, safety and welfare when one gets off the interstate and finds that he is ~mmediately in a school district The fences seem to be adequate protec- tion, bu~ the traffic back-up onto 1-95 causes addi- tional concern for him. He felt it was a go~d idea for the Plan to try to protect some of the l?cal flora and fauna which exist to the north of the school, but h~ suggested that a limited concept of the Activity Oent~ could help with the housing goals. He was sugge.s~ing an overlay district of a Municipal Activity Center which is not designed for commercial, al~though Ut would encourage commercial. It is not designed particularly for housing, although it wo~ld encc~urage housing and permit mixed uses of housing~and c~mercial where compatible. A higher density level COuld be allowed. The purpose would be to provide a basis for the school d~strict to get hi~her Value fo~ ~he land and school ~roperty when selling it and r~locating the school. The selling and relocating: of the school ~ould p~ovide an additional tax base to the City and permit a use which is higher in value and perhaps a better The intent is to provide a benefit to a publi and to use it to benefit the goals of the Cit conjunction with its housing policy (Sections 3-15, and 8-3). He felt they might be consid objectives of coordinating with the School Bo a magnet school concept. His thought was tha School Board could use the funds coming from a higher intensity zoning site to expand one existing elementary schools more centrally lo and assist in development of housing by provi this magnet school. He proposed a chain reac type situation whereby the City would benefit value. body, ~ in 1-5, mred ard for the elling Df the 2ated, ~ing ion -3- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 He suggested that the Municipal Activity Center might also work with the school north of Woolbright Road and adjacent 1-95 in the northeast quadrant of 1-95 and Woolbright Road where the school is located. The radius could be extended into the southeast quadrant. Mr. Corbett did not want to pose any problems with pending litigation on the west side so he would not address it at this location, but it could work in that area as well. Northwest 22nd Avenue on the east side at the 1-95 intersection is another area this should work. This could assist with locating money to make the inter- section improvements as well. Mr. Corbett suggested this Municipal Activity Center would serve as a radius and be at the center of the intersection of the arterial and the Interstate Highway. There would be an encouragement to change existing uses, but it need not be a change of existing uses in type (i.e., from residential to commercial). It could be from lower density residential to higher density residential. The concept would be in a center city to have single family homes of values which do not provide a large tax base. The idea would be to try to encourage development and make it happen naturally in cer- tain places. He suggested the concept be adopted and then the uses be guided by the City to bring other benefits. Mr. Corbett felt that if better schools were provided, the houses and neighborhoods would be upgraded. Mr. Corbett then addressed the Coastal Management Ele and noted that the City and Consultants had done a go in recommending increased densities east of U.S. 1 fo dential purposes. His only criticism was that the Ci should consider a more liberal use of the density con in an overlay district which could provide for a mor, ual transition from single family homes, but he felt the City should go to the high density residential co in order to get a good tax base and an appropriate us the land east of U.S. 1. ~ent ~d job ~ resi- ~_y -~epts grad- :hat %cept of Mr. Annunziato did not wish to make comments and he felt he and the Board probably needed time to consider all th~ ideas presented by Mr. Corbett. Mrs. Huckle stated that Mr. Corbett had done a commendable job with his in-depth study. She felt he should be commended for his efforts and Chairman Walshak agreed. Chairman Walshak noted that he had recom- mended more areas be considered for the Special High Density USe. -4- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 Stella Rossi, 625 Whispering Pines Road, commented on the following areas: Page 15 - 3rd Paragraph, 5th line down Mrs. Rossi recommended that "shall" be substituted for "should." She also questioned the following: "except where necessary to accomplish an overriding public purpose or where mangroves are only intermittently connected to the estuary and do not significantly contribute to the aquatic food chain." She wanted to know who would make that judgment. Page 16 - 1st Paragraph, last sentence Mrs. Rossi suggested this read as follows: "The City shall prohibit further bulkheading along the shores of lake Worth in order to prevent destruction of shoreline wildlife habitat.~' Page 51, 2nd Paragraph from bottom, 6th line dowm Mrs. Rossi did not think that uplands could be legally used as a retention area because of non-point source pollution. She stated that a preservation area oannot be adversely affected by direct drainage from road runoff. Page 87, 7.d. This section deals with the outparcel at the Boynton Beach Mall. Mrs. Rossi suggested that if a substantial deviation comes about that the word "conservation" be substituted for "recreational ." Page 101, Policy 8.3, 1st line Mrs. Rossi suggested this read as follows: "The City shall provide public parks including active and passive." Page 103, Policy 11.1 Mrs. Rossi objected to the wording and noted that all mangrove stands do have a function, and if destruction is allowed, there should be a mitigation policy. She questioned whether a mitigation policy was included in the Comprehensive Plan. Mr. Annunziato did not think this but he noted this already exists agencies. was addressed in the Plan, in the environmental -5- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 There was discussion about who has jurisdiction over the manqroves. Mr. Annunziato stated that the Corps of Engineers, Department of Environmental Regulations, County Resource Management Department and the City of Boynton Beach. The only time the Corps of Engineers might not have any authority is when the site is not attached to naviga- ble waters. Mr. Lehnsrtz was in agreement with Mrs. He felt that any mangrove is significant tected if at all possible. Rossi's statements. and should be pro- Mrs. Rossi commented that fishing has become very poor in the area due to the destruction of the mangroves which pro- vide for the food chain. Mr. A-nnunziato referred to an area along Northeast 7th where four or five lots separate the mangroves by a flow pipe. He felt that the area was questionable as being part of a food chain, since it was connected by a pipe. The area of the bridge is another area he would question. Don Proctor, 134 S.E. 26th Avenue, stated that he has lived in Boynton Beach since 1984. He lives in the High Point Subdivision east of Bethesda Hospital. This is a residen- tial neighborhood, and the owners have deed restrictions which restrict them as residential. He noted that the lots on the east side of Seacrest and Golf road have been zoned for commercial development. He did not feel this was bad as all the businesses have taken on a residential character, as the homes have been remodeled for businesses. Under the commerical zoning, two story buildings would be allowed. Proctor opposed this. He referred to the Addison project which had been proposed as a three story building. T~o story buildings were going up on the next block from Proctor and he felt they were out of character with he neighborhood. He noted that the 7-11 Store and the nursery school had been limited to one story buildinqs and questioned why others were being considered ~or two stories. Mr. Proctor noted that 50 residents had signed a petition and sent it to the City Commission opposing the two skory buildings. There are only about 100 residents, so half of them had signed the petition. Mr. Proctor was not opposed to commercial, but wanted the buildings to be kept at one story in keeping with the residential character of the neighborhood. Mr. Mr. Proctor clarified that he was only addressing the east side of Seacrest, and that he had no interest in the deve- lopment of the west side. -6- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 Discussion followed regarding whether or not underground parking was allowed. The Future Land Use Element has many site specific properties. It is difficult to get some par- cets developed so some incentive must be given. Mr. Annunziato did not see anything wrong with a two story medi- cal building as they are usually aesthically pleasing and well landscaped. There was discussion that due to the shallow lots, two stories would be needed if owners were to develop their property. A building could be one story and have underground parking and still remain under the 25 . Mr. Aguila did not want to see three story buildings against residential property. He had no problem with two stories~ Mrs. Huckle noted that some homes are taller than 30' with their special roof structures, etc. Mr. Proctor noted that the doctor on outgrown his parking area and people lots across the street. 26th Avenue has are using the vacant Mr. Zimmerman was concerned about why the deed restrictions had not been enforced. Mr. Proctor stated that most people are not aware of them, and do not have the knowledge to insist they be enforced. He further stated that the Addison project might have gone through if he had not stepped in to stop it. Mr. Proctor then stated that he is a lawyer. He did not like to leave issues such as this to the courts, as he would prefer that the City settle them. There was further discussion about the Addison project, and Mr. Proctor noted that this had been approved by the City, but they had stopped the construction. Chairman Walshak noted that the problems with deed restric- tions are that once the residential nature has changed, the restrictions are not enforceable. Mr. Annunziato noted that the City is not in the business of deed restrictions. was nothing they could do about that, as they only en the zoning. Mr. Cannon stated there were probably 24 involved in the deed restrictions. Mr. Annunziato no they are allowed to have one story and a level of par There force people ted ~ing. Rebecca Martin, 3527 Kitely Avenue, came forward to ~ddress the pine preserve area adjacent to the Boynton Beach ~4all. Mrs. Martin referred to Page 87, $7.d. and made the following comments: The DeBartolo Company agreed to the 1974 DRI :con- ditions to preserve the pine area located on !the property. -7- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 The DeBartolo Company wants to put up a parking lot in the preserve area and effectively destroy!the pine ecosystem. The original interpretation of the DRI and its intent no longer seem to matter and dollars and cents are involved. It would be cheaper to build a parking lot than to build the parking garage as approved. 4. DeBartolo's plans call for a parking garage and she felt they should be made to abide by the DRI idocu- ment. She questioned why they could be allowed to destroy a preserve area. 5. Why did Boynton Beach annex the property? She questioned why the City did not insist that ~he pro- perty stay in its natural state. ~ 6. The pine preserve was annexed as a preserve ~rea and she asked the City to maintain it as such. 7. She did not want the zoning to be changed or ~ltered in any way. Chairman Walshak noted there was much discussion at the last workshop. He requested that Mr. Annunziato reiteratel his comments from that meeting. ~ Mr. Annunziato announced that the public hearing for :he Chapter 380 action has been set for May 16th. The current plan is not to provide for removal of much of the pin area. The City is waiting to hear from the Regional Plannin. Council in this regard, but the pine area's ecologica value is limited and deminishing in that opportunity may be available through Chapter 380 action to force a manag.~ment plan on the property owner to enhance the value of th,~ site and perpetuity. The issue is going to be to separate the ecological issues from the buffer issues as Mr. Annun~iato could see it. There are two issues and no decisions have been made. The impacts will be addressed and the Cit~ will haVe a better feel for the issues. Robert Brown, 902 South Seacrest Boulevard, stated that he is a native of Delray Beach and Boynton Beach. He isla sur- veyor and covers the area from Miami to Stuart. He h~s seen various counties being developed as well as different types of building construction. He offered the follo%~ing suggestions to spur developer confidence in the area: MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYI~TON BEACH, FLORIDA MARCH 9, 1989 Everyone has the opportunity to build a two story home. These are restricted to 25' at the present time. Many of the homes are one story in the City. Some homes which were built at the turn of the cen- tury up to 1940 were taller than 25'. In certain areas where development is desired, raising the height to approximately 30' would allow 12' ceilings for larger homes. Thi~ would allow' two 12' rooms with a ceiling pitch. o He felt that community participation was a b~g fac- tor in bringing the morale and the consensus of the community towards improving the community. He had noticed the rich history in Boynton Beach. Many of the streets have been renumbered or renamed in the last few years. He suggested that some of the names be changed back to the old names in some of the neighborhoods if the people would like to get back into the historical history of the area. He had noted that, especially to the northern areas, there are many violations regarding litter an~ trash. Large vacant parcels have been mowed ~y the City if they were not mowed. The owner could then be billed. Mr. Brown felt this was very effective. In other areas where there is a lot of litter, fines could be enforced and made cumulative which forces the Codes Enforcement people to place a lien and begin foreclosure proceedings. He was concerned as he did not see this as the intent of peaceful coexistence with the neighbors. He felt that In some instances when trash is there, the City should clear the property or hire a contractor to clean the trash or litter and bill the owner. This would clean up the area. He referred to the nurseries in the City and he felt that some of them might make trees or plants available for planting along the sides of the roads. He was pleased with the medians, but noted that some of the side streets could use some plants as well. Mr. Annunziato noted that the City has an ongoing tree planting program by nezghborhood. For the last two or three years the City has placed between 200-300 trees a year. This is done by contacting the homeowners telling them when the City will be in the area and trees are made available from the City's nursery when the residents desire. -9- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 Mr. Brown stated that he owns property which con- tains mangroves. He feels they are overrated as they are a weed and will grow far from the water. He felt that virgin pristine estuararies are impor- tant and do contribute to the food chain. He felt that some areas are in historically platted lots and subdivisions dating back to the 20's which have been bulkheaded and permitted by the Corps of Engineers since that time, and the mangroves which just happen to get started there are not functional. He felt that most of the DER reports and the new thinking is that the mangrove's function and contribution to the environment have been somewhat o~errated. He offered to share some literature with the Board if they were interested. He felt there should De a happy median. Mr. Howard asked what the law stated regarding litter Mr. Annunziato stated that Code Enforcement action is last thing which takes place. Before the City gets i in that process, every effort is made to get complian Probably only two percent of the cases ever go for Co Enforcement action. The law states that a person can litter. Property owners are given ample opportunity comply depending upon the violation. Mr. Annunziato that the people are given 30 days to come into compl~ Mr. Howard noted it is 15 days in Broward County. ing. the ~volved ~e hot ~elt Mr. Zimmerman stated that usually the person who pays is not the person who litters. He wished there was a way to set up a system to have the person who litters to pay. It was noted this would be very difficult to do. Mr. Maurice Rosenstock asked if the Land Use could be addressed on the 22nd as well, and Chairman Walshak suated that it could. The question was asked how the people will know what recom- mendations the Board would make based on public input~ Mr. Annunziato suaued there will be a meeting where the P&Z Board will have to act on each of the comments in for- mulating its recommendations in addition to the Board s own comments. Mr. Cannon stated that date is April 5, 1989 for the Special Meeting for the Board to discuss the comments from the workshop and comments by the public. This will not be a public hearing. The pubic can attend the meeting. Mr. Lehnertz referrred to the idea presented by Mr. Brown of raising the height limit from 25' to 30' and asked if Mr. -10- MINUTES - PLANNING & ZONING BOARD COMPREHENSIVE PLAN PUBLIC HEARING BOYNTON BEACH, FLORIDA MARCH 9, 1989 Annunziato had any input. Mr. Annunziato stated this was an architectual issue. To regulate building height is to regu- late the type architecture. It was felt this type h~ight limitation could be limited to large lots and be used effec- tively. Mr. Annunziato was asked how soon after the public hearings the zQning Would take effect~ Mr. Annunziato stated! apprOxim~teiy this time next,year. , ADJOURNMENT There being no further input from the public, THE PUBLIC HEARING was closed at 8:55 P.M. and a recess taken p~ior to resuming the Planning and Zoning Board Workshop meeting con- tinued from March 6th. Peggy CreSSman ReCording Secretary (Two tapes) -11-