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Minutes 11-27-84MINUTES OF THE SPECIAL PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 27, 1984 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Norman Greg.ory Ezell Hester Caesar Mauti John Pagliarulo Robert Wandelt, A~ternate Carmen S. Annunziato, Director of Planning Tim Cannon, Senior City Planner ABSENT Ronald Linkous (Excused) William Schultz, Alternate (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, and the Recording Secretary. He acknowledged the presence in the audience of Mayor Carl Zimmerman; Councilman James R. Warnke; Councilman Nick Cassandra; Peter L. Cheney, City Manager; Hank Thompson, Chairman of the Community Redevelopment Agency (CRA); and Mr. Dale Hatch, Member of the CRA. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS Determination of consistency of proposed family definition ordinance with Comprehensive Plan At the last meeting, when the Board set a date to consider the CBD Ordinance, Chairman Ryder said they were also considering another Ordinance which related to defining a family unit. That matter was subsequently tabled because several members of the Board felt they needed more time to consider the matter. The matter has generated a good deal of local interest and concern. Therefore, it was placed on the agenda for further consideration. Chairman Ryder referred to the report and analysis from the Planning Department, which listed several Comprehensive Plan policies which were felt relevant to the proposed Ordinance. The analysis was followed up with a recommenda- - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 tion of approval of the Ordinance which would allow up to two unrelated persons to occupy a dWelling unit other than those related by blood, marriage, or adoption. Mr. Annunziato said the Members were handed two documents at the last meeting which provided, among other things, that no more than two unrelated persons could live in any dwelling unit in the city provided all members had access to cooking facilities and it was organized as a housekeeping unit. As chairman Ryder mentioned, they also handed out a report in which they recommended a finding of consistency with the Comprehensive Plan housing element policies. vice Chairman wihter asked if Mr. Annunziato was talking about the way it was written up the last time. At Mr. Mauti's request, Mr. Annunziato read the definition. Mr. Pagliarulo asked what the real backbone of the Ordinance was other than the definition of "Family". Mr. Annunziato explained that the definition which currently exists in the zoning Code was found to be unenforceable by the City Attorney. This was found in a Supreme Court case. He added that the definition which currently exists is more restric- tive than what was before the Board. Mr. Annunziato informed vice Chairman Winter that Attorney Vance looked this over, and he and city Attorney Vance concurred that this is an enforceable Ordinance. Mr. Hester called attention to the fact that three unrelated "buddies" who want to rent an apartment would not be per- mitted to. Mr. Pagliarulo knew of several instances where college kids are renting a place and working to support themselves while they are here in college. He said they would have to vacate and seek other areas to live in. Mr. Annunziato agreed that would be the outcome if the Ordinance was enforced at that location. Mr. Pagliarulo did some research and looked it up in Webster's Dictionary. He found Webster's definition to be quite differentl Today, Mr. Pagliarulo said it is not true that you have married people in all instances. He sells houses to people who are not married. Mr. Pagliarulo wondered if anyone looked into the energy aspect of it. Mr. Annunziato advised that the position taken by the Planning Department concerned no specific neighborhood. It is a zoning Code amendment that would be enforceable over the entire City, and Mr. Pagliarulo was raising money problems. There was more discussion. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Mr. Mauti called attention to the fact that we say "single family dwelling" in our Code and said that means one family, like it is written. Mr. Annunziato advised it is not limited to single family units but is related to a dwelling unit of any kind. Each individual housekeeping unit is a dwelling unit. chairman Ryder did not think the Board should be in the area of morality. He thought the impact on neighbors should be considered. Mr. Mauti was the head of a Building Department elsewhere and told of cases that were upheld there. Mr. Annunziato asked if his position was that this ordinance is too lenient. Mr. Mauti believed the ordinance could tend to be unconsti- tutional. Mr. Annunziato informed him that it is constitu- tional. Chairman Ryder commented that usually, they do not know whether an Ordinance is constitutional until it is tested. There was more discussion. City Manager Cheney said the Board was involved with defin- ing a family (not what Webster says a family is but what the most recent Supreme Court decision says a family is from a point of view of the zoning ordinance, which is what Mr. Annunziato read as long as they are related by blood, marriage, or adoption with no more than two people not so related). Whether they like the definition or not was not the issue, city Manager Cheney said the issue was what the Supreme Court said a family is. It said a single family unit can be occupied by that definition of a single family. City Manager Cheney explained that the issue came up in the City because a question was raised in a neighborhood in the City relative to a house that may or may not be occupied by more than a family. The city Attorney said our current definition of family was not consistent with the Supreme Court's decision, city Attorney Vance rewrote this language with parallels to the most recent Supreme Court decision, and it is legally enforceable and consistent with the Supreme Court's decision, city Manager Cheney gave examples of instances which were not consistent with the definition. Questions have been raised, and he said the city cannot investigate unless the definition is legal. City Manager Cheney informed Mr. Mauti this definition was a Supreme Court decision which was tested in a case in a college town where college students were living together. He reiterated that it is legally enforceable. If the amendment is adopted by the City Council, city Manager Cheney said the City has the problem of proving those situations which are brought to its attention. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Mr. Gregory asked what types of enforcement the City is planning. City Manager Cheney was not planning any until (1) the City Council suggests that they should, or (2) an incidental situation comes to their attention. He explained the procedure if a situation is brought to the City's attention. Mr. Wandelt moved that the Board recommend to the Council that they adopt the Ordinance, seconded by Vice Chairman Winter. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. The motion carried 4-3 with Messrs. Gregory, Pagliarulo, and Mauti voting against the motion. NEW BUSINESS Workshop to review the proposed Central Business District (CBD) zoninq regulations and design guidelines Chairman Ryder said the Members were to consider an Ordinance which would establish a special central business district within the core of the downtown redevelopment area. That area has been defined by the plan which has been adopted by the Community Redevelopment Agency (CRA). The purpose of the Ordinance is to implement the redevelopment of the down- town area in a manner which would ensure orderly development of various proposed activities regarding architecture, design and landscaping by providing necessary controls. Chairman Ryder continued that the Ordinance contemplates changes in the present review procedures where projects in the redevelopment area are concerned. Councilman Warnke submitted suggestions regarding the procedural changes as indicated in the input furnished the Members. Two weeks ago, a packet of material was handed out to the Members and forwarded to the City Council by the CRA. The documents form land development regulations of proposals to amend the Municipal zoning Code and several chapters of the Code of Ordinances dealing with signs, landscaping, etc. Mr. Annunziato suggested that the Members concentrate on two sets of documents of the entire package: (1) The pro- posed amendments to the zoning Code by the creation of regu- lations for the Central Business District; and (2) Look at procedures which are more in the realm of policy. He thought they needed to secure additional comments from various staff members and review agencies on the Sign Code, Landscaping Code, etc. For example, Mr. Annunziato said the Board might like to forward the Landscaping regulations to the Community - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Appearance Board for their review and comment. Mr. Annunziato said their primary thrust tonight was to talk about the Central Business District regulations and the pro- cedure for approval of plans. Central Business District Ordinance Mr. Cannon analyzed the proposed CBD regulations with respect to administration and proposed suggestions as to what should and should not be allowed in the CBD and said they deal with the clarity of the Ordinance more than the substance of the Ordinance. He read his Memorandum dated November 19, 1984. APPENDIX A. ZONING. SECTION 6. E. CBD - CENTRAL BUSINESS DISTRICT 1. PERMITTED USES ENTERTAINMENT AND RECREATION Mr. Cannon said occupancy of craft for living quarters presently exists as a use at the Marina, and he thought, the use would be grandfathered as long as the Marina exists and until it is redeveloped. However, Mr. Cannon thought any extension of that type of use should be prohibited. Mr. Annunziato jotted down the kinds of marina uses which might be contemplated in the CBD and associated with the marina, as follows: sale of fuels; sale of new and used boats; repair of boats; overhaul of boat motors and craft, including scraping of hulls; in-house storage; living in boats; drift and charter boat fishing; and cruise boats with lunch and entertainment. He said some may not consider the overhaul of engines and scraping of hulls to be a desirable use and thought it should be qualified as to what parts of the marina uses will be permitted. Mr. Annunziato thought they needed to think about Marinas, as they were dealing with a downtown urban environment and would have a waterfront amenity. OFFICES AND FINANCIAL INSTITUTIONS Mr. Cannon pointed out that there have been problems in another City with other uses such as temporary employment centers, referred to on page 3 of his memorandum. He clarified that the problem was mainly with a use for the benefit of transients or people just working from day to day and moving on. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 RETAIL Mr. Cannon looked at the standard industrial classifications by the United States Department of Commerce, which lists every type of store, and looked to see the types of uses in Lake Worth and Delray Beach and whether they are allowed under our Ordinance. SERVICES In his administration of Zoning Ordinances, Mr. Cannon said the question has come up as to whether repair shops are allowed as an accessory use to the sale of goods. Generally, they are not considered as a separate use. Mr. Cannon thought the repair of goods that are sold for retail should be allowed as an accessory use for a store but did not think repair shops should be allowed in the CBD. SUPERMARKET AND FOOD Mr. Cannon called attention to two drive-through convenience markets (one on South Federal Highway south of the CBD, and the other at Woolbright and Seacrest) and did not think those types of uses should be allowed in the downtown. TRANSPORTAT ION In the future, there will be the potential for railroad passenger service on the FEC railroad. Mr. Cannon thought the CBD would probably be the likely location for a passenger station if that should occur, and said it should be addressed. Mr. Cannon referred to the first paragraph on page 5 of his Memorandum, which was the most difficult issue he addressed. Presently, there is a small railroad siding between Ocean Avenue and Boynton Beach Boulevard on the east side of the FEC tracks. Mr. Cannon said this is an attempt to try to remove that use, but he imagined the Florida East Coast Railroad would fight any attempts by the City to do that. The language Mr. Cannon suggested was based on a draft of a City of Miami Ordinance which required that these types of uses that involve very little improvement to the property be removed. In the Miami Ordinance, they allow these types of uses to exist for two years. Mr. Cannon specified one year but said it could be flexible. Mr. Cannon and Mr. Annunziato discussed the legality of the language as it applies to the railroad and as to whether the FEC Railroad has any specific privileges under either State or Federal law which may not apply to another business. Mr. Cannon - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 said the City Attorney would probably have to do some re- search as to whether this would be an enforceable addition to the CBD regulations. II. CONDITIONAL USES The procedures that Urban Design Studio submitted sets up a Downtown Review Board in place of the Planning and Zoning Board for reviewing conditional uses. However, Mr. Cannon said there is one place in the Ordinance where the Ordinance contradicts itself and specifies that the Conditional Use procedure shall be as in Section 11.2. Under Section 11.2, the Planning and zoning Board is established as the sole recommending body with respect to conditional uses. Mr. Cannon said the language in the Ordinance should be changed to state that in the CBD zoning District, the Downtown Review Board shall take the place of the Planning and zoning Board. III. BUILDING AND SITE REGULATIONS Mr. Cannon called attention to awnings which project over public sidewalks on Ocean Avenue and said there is some ques- tion as to whether the awnings are legally there. He thought that should be clarified. Presently, our zoning Ordinance allows eaves to encroach on setbacks only in the residential districts, which has created a problem for some commercial uses because their out- side wall cannot be built up to the setback line because they have an eave of two or three feet. Since most of the lots in the CBD are fairly small, Mr. Cannon said it would probably be desirable to allow some type of relaxation of the setbacks for eaves and other architectural features. Height Maximum Mr. Cannon said the proposed Ordinance allows mechanical equipment up to 50 feet, which is in conflict with the height referendum, and he thought the proposed Ordinance would have to be changed. Combination of Uses Mr. Cannon said there was much discussion about the combina- tion of residential uses and commercial uses, and possibly a commercial or retail office on the first floor and multiple family above those retail uses. However, there are no speci- fications in the draft of the Ordinance as to how many dwelling units per acre would be allowed if they were built above a retail store. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Mr. Annunziato referred everyone to page 1 under "I. PER- MITTED USES" and read, "Uses may be combined in the same building." He thought this was what Mr. Cannon was alluding to. As currently drafted, Mr. Annunziato thought the inter- pretation would be that one has the benefit of all of that density, regardless of the square footage devoted to commer- cial uses, as long as parking can be met on site. In other words, if you can meet the height, setbacks, and put parking on the site, then you can put up 10.8 dwelling units on the lot or as part of a building with everything else remaining equal. Mr. Annunziato thought this was somewhat different than the way the Codes are being enforced now. Mr. Cannon felt it probably would not be fair to make an interpretation in one zoning district that differs from the interpretation in another zoning district. If they were going to have a different interpretation for the CBD, Mr. Cannon thought they should probably have it in the Ordinance. Mr. Annunziato agreed it should be clear that it is the intentD Chairman Ryder commented that being more specific is certainly advisable. He noted on page 1 of Mr. Cannon's Memorandum that, "Uses not specifically permitted are pro- hibited," and thought they could anticipate having problems where some applications are omitted. Mr. Annunziato thought Mr. Cannon's point was well taken as he put himself in the position of having to read this and identify whether or not a use would be permitted. In fact, Mr. Annunziato said this is the situation faced almost on a daily basis in Boynton Beach with the responsibility being the Building official's, who is the enforcer of the Zoning Code. He said some of the questions that will be asked should be addressed in the Ordinance, and it would make the Building Official's job easier. In his experience, Mr. Mauti's biggest problem was enforce- ment because of the combination of uses. Mr. Gregory thought they should look at West Palm Beach's concept, which was similar to what was proposed here. He said they were trying to get a total environment and use out of the build- ing. At night, it would be a building and intensified use by having the building occupied with dwellings and shops open until 8:00 or 9:00 P. M. rather than just an abandoned downtown like most cities are. Mr. Annunziato said he would ask Edgar "Bud" Howell, Build- ing Official, what the Southern Building Code requires for joint occupancy buildings or residential and commercial occupancy. Mr. Mauti gave more examples of problems. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH' FLORIDA NOVEMBER 27, 1984 II. CONDITIONAL USES (Page 5 of Mr. Cannon's Memorandum) Downtown Review Board It seemed to Mr. Gregory that they were giving the authority for enforcing the zoning regulations to the Downtown Review Board and were taking it away from the existing Planning and Zoning Board. He questioned why the staff felt the Downtown Review Board could do a more effective job than the Planning and Zoning Board and asked what the philosophy was behind it. Mr. Annunziato called attention to one of the other documents the Members had at their last meeting when they talked about the creation of procedures for the downtown center. One thing that was discussed was to establish a development approval process which requires the Downtown Re- view Board's review and the Community Redevelopment Agency's approval for all downtown center projects. If that was the philosophy of these regulations and the pro- cedural regulations they would look at next, Mr. Annunziato said it would make sense that the Downtown Review Board, which is proposed to be composed in part of Members from the Planning and Zoning Board, Community Appearance Board, and several at large Members, would take the place of the Planning and Zoning Board in terms of making recommendations to the approval body. Mr. Mauti asked if the Downtown Review Board would have the use of the Technical Review Board and Mr. Annunziato's expertise. The way the development regulations are set up at this point, Mr. Annunziato said plans would still be submitted to the Planner. The Planner will bring them to the Technical Review Board (TRB). The TRB will make a recommendation to the Development Review Board. From there, it will go to the Community Redevelopment Agency for approval. In case of a conditional use, it would have to go to the Council. Chairman Ryder thought they should go through the whole matter of the review procedure. Mr. Annunziato emphasized that it was not felt that the Planning and Zoning Board could not do the job, but they were saying they do not want to create another bureaucracy and it should be consistent. Chairman Ryder acknowledged the presence in the audience of Councilman Samuel Lamar Wright; Dianne Lawes, Executive Director of the Community Redevelopment Agency; Donald Zyto, President, and Owen Anderson, Executive Vice President, of the Chamber of Commerce. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Mr. Annunziato suggested they complete the review and then get back to what Mr. Gregory brought up. IV. OFF-STREET PARKING AND LOADING SPACE B. Parking Space Calculations. Mr. Annunziato called attention to the fact that you still use the Zoning Code to determine the number of spaces and reduce it by 35%, which intensifies land use. D. Special Parking and Loading Space Requirements Mr. Annunziato said this, more or less, mimics the language in the parking lot regulations where you submit quantitative evidence. If your needs are not as great as the individual needs shown in the Zoning Code, you can receive what amounts to a shared parking location. Mr. Annunziato stated those are important items because they differ significantly from the way the City does business now, especially with the 35% requirement. Mr. Gregory asked if he saw a legal problem. Mr. Annunziato answered negatively because he thought they could have a separate set of policies to try and redevelop an area. I. PERMITTED USES ENTERTAINMENT AND RECREATION Marinas Mr. Wandelt asked why they would want to restrict living in a marina. Mr. Annunziato replied that there are lots of problems. The primary concern now is the health problem. Mr. Wandelt suggested they require sewage hook ups. Mr. Annunziato referred to it being a public cove, and he did not think it was intended to occupy those views with resi- dences. That would leave only two finger canals where you might have residences. Mr. Annunziato advised there is not enough marina to have an area to live in. Mr. Wandelt referred to people who bring boats down and live on them during the season. In order to allow it, he felt they should have restrictions as to sewage. Mr. Annunziato guessed the use of the public property would have rules established by the Council. Mr. Gregory gave North Palm Beach as an example of a City that has tremendous activity on the water. Mr. Annunziato did not think it could be a major attraction because the City does not have the water 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 frontage and the ability to stretch out a dock for several hundred feet. Mr. Wandelt referred to the plans for the downtown area and said they wanted to dredge out an area and have a marina where the Winn-Dixie Shopping Center is. He thought it would be an ideal situation with sewage facilities being provided by the city and possibly a Dock Master. Mr. Annunziato thought it had to be further defined as to what kinds of marina uses should be permitted. There was more discussion. Sale of Boats Mr. Mauti thought they would have a problem and it should be under a more restrictive area. Mr. Wandelt considered a marina as a dock for fuel, minor services, bait and tackle shops, and boat slips, but no sales of boats. Mr. Mauti added, "and no dry dock." The Members agreed they were suggesting the sale of boats be prohibited. Repair of Boats After discussion, Mr. Wandelt wanted to eliminate boat repairs. Chairman Ryder agreed. Mr. Annunziato guessed that also meant they should eliminate the overhaul of boat motors and craft. The Members agreed. In and Out Storage of Boats Mr. Annunziato thought this would be sensitive as there were two kinds of conditions (in a building and not in a building). There was discussion. The Members decided they were talking of strictly downtown. Mr. Wandelt commented it should be something of beauty and not an eye sore. The Members agreed in and out storage of boats should be pro- hibited. Living in Boats It was agreed this should be permitted providing they have the necessary sanitary hook ups. Fishing Mr. Annunziato felt drift and charter fishing were recrea- tional amenities and very important, as are cruise functions. The Members agreed. 11 - MINUTES -PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Bait, Tackle, and Fuel The Memberls agreed these should be permitted. CBD Zoning Regulations Mr. Annunziato asked if there were any more comments about the CBD Zoning regulations and questioned whether the Board felt comfortable with them. Chairman Ryder thought the changes Mr. Cannon came up with should be incorporated into the Ordinance because they would minimize problems that may come up in the future as to permissive uses. Mr. Annunziato said they would report back to the Community Redevelopment Agency. It was decided the Members should discuss the Downtown Review Board. ARTICLE IV. DOWNTOWN REVIEW BOARD Mr. Annunziato read from Article IV and explained that there would be three Regular Members appointed by the CRA, a Member of the Planning and Zoning Board, a Member of the Community Appearance Board, and the three Alternates would be one Member of the Planning and zoning Board, one Member of the community Appearance Board, and one Member appointed by the Agency itself. 19.54. Directly Accountable to Council; Review and Recommendations Mr. Gregory asked if the Planning and Zoning Board could act in a dual capacity as the Downtown Review Board as well as the Planning and zoning Board. Mr. Annunziato replied that it could but he thought the areas of expertise would have to be adjusted, and it could not be filled the way this Ordinance proposes it to be filled. There would also be the question of whether it would be consistent with the concept of estab- lishing the Development Review Board as an advisory body. Mr. Annunziato guessed the intent was to have a specialized Board, but it would not have the Community Appearance Board aspect associated with it. In that regard, it would be non- conforming. Mr. Wandelt asked if this Board would by-pass the Planning and Zoning Board as far as the downtown. Mr. Annunziato MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 answered, "Yes." He added that they are also in the process of preparing a rezoning application to be submitted by the city Council for review. The rezoning application will re- zone the core area of the downtown involving the redevelop- ment plan to the Central Business District (CBD). Mr. Annunziato continued that the group of documents before the Members was related to that zoning district. The Down- town Review Board would be acting in lieu of the Planning and Zoning and Community Appearance Boards in the Central Business District. For site plan approval, the Community Redevelopment Agency would be acting in lieu of the city Council in the CBD. Mr. Annunziato explained that it is a parallel process, but it is composed of some of the same actors who are involved in the current process save for the approval of plans. Mr. Gregory asked how much power they wanted to take out of the hands of the elected officials. Mr. Annunziato said that was a policy decision and had to be decided by the Council in association with the Downtown Review Board. The staff will react and conform to the ordinances that are finally adopted. Mr. Hester pointed out that one Regular Member and one Alternate Member of the Planning and Zoning Board would be on the Downtown Review Board. Mr. Annunziato advised that the intent was to have the same kind of review without duplicating the process. THE BOARD TOOK A BREAK AT 9:02 P. M. The meeting resumed at 9:12 P. M. ARTICLE V. CENTRAL BUSINESS DISTRICT PROJECT REVIEW AND APPROVAL Sec. 19.63. Board Established; Membership? In the 5th line, instead of "Director of General Services", Mr. Annunziato said it should be "Public Works Director." He asked~the Members to note the inclusion of the Executive Director of the Community Redevelopment Agency on the Technical Review Board for items to be reviewed in the Central Business District area. Sec. 19-67. Review by Downtown Review Board Mr. Annunziato said this is the same function the Planning and Zoning Board performs to the Council. It is contempla- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 ted that the Downtown Review Board will prepare similar documents as those prepared by the Planning and Zoning Board to submit to the City Council. The documentS prepared by the Downtown Review Board will be submitted to the Community Redevelopment Agency. Sec. 19-69. Approval of a Conditional Use by City Council Mr. Annunziato said the Council will have to conduct a public hearing as opposed to a public meeting. Discussion by Board Members Changes in CBD ordinance Mr. Gregory asked who would have the authority to review the changes in the ordinance which creates the Central Business District and questioned whether it would be the Planning and Zoning Board. Mr. Annunziato replied that it would have to be the Planning and Zoning Board because the Planning and zoning Board is the Local Planning Agency. Chapter 163 specifically requires that land development regulations be reviewed by the Local Planning Agency and recommendataions are to be made to the local government. Any modifications to the CBD regulations or any other land development modifi- cations have to come back to this body. Mr. Annunziato confirmed Mr. Gregory's statement that modifications could be initiated by the Planning and Zoning Board as well. Sketches by Councilman James R. Warnke and Mayor Carl zimmerman In his sketch, Councilman Warnke showed the present procedure, the procedure proposed by the Community Redevelopment Agency, and what he proposed. What Councilman Warnke proposed finally was to maintain the Planning and Zoning Board and the Community Appearance Board, together with the new Down- town Review Board. Since drawing the sketch, Councilman Warnke had other thoughts. He said the Planning and Zoning Board and the Community Appearance Board would be taken care of by the Downtown Review Board of the CRA. Since reviewing that more in depth, councilman Warnke could see where there could be a duplication of bureaucracy and it would prolong everything. Councilman Warnke said the present City Council and present CRA are working together beautifully but none of them may be the same two or three years from now. He felt they would 14 - MINUTES - PLANNING-AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 be remiss if they did not have all of the plans go through the City Council for final approval as they do now because it would be usurping the power of elected officials in the future. Councilman Warnke felt the City needed that check and balance of having it go through the City Council for final approval. Hank Thompson, Chairman of the Community Redevelopment Agency, said in looking at the entire picture of the original purpose of appointing the Agency and the job they had to do, they were delegated certain authority under Florida Statute 163. He did not believe there was any attempt whatsoever in the proposed outline to usurp powers of the Council because the Council has the right at any time to supersede anything the CRA does in passing on any permit. In other words, if a permit gets to the CRA after it has a public hearing by the Downtown Review Board and there has been a good base of information to the Downtown Review Board from the Technical Review Board, it will come to the Community Redevelopment Agency, where they will have a public hearing as Well, so Mr. Thompson said it will be well covered. All of the time the Council has the chance to oversee everything done by the CRA and can open up the case if they do not think the CRA has done a proper job. Mr. Thompson wanted to see the proposal they had, and he informed Mayor zimmerman that the CRA cannot serve on the Downtown Review Board because Florida Statute 163 prohibits that. Mr. Thompson liked to think that when the Council appoints new members to the CRA, possibly the agency will remain in- tact for awhile. As Councilman Warnke said, the CRA will change and the Council will change, but Mr. Thompson said the Council has the authority to dismiss the CRA any time they want to. Mr. Mauti asked Mr. Thompson if he did not think the Council had an obligation to the residents as their elected offi- cials. It looked to him like they were by-passing the Council completely as far as the approvals were concerned. Mr. Thompson affirmed Mr. Mauti's statement that the only way the Council could get back to the Agency would be to review whatever the CRA approves. Mr. Thompson asked that the Members keep in mind that the City Council appointed the Planning and Zoning Board, the Community Appearance Board, and the Community Redevelopment Agency. In this instance, Members of these Boards will be part of the Downtown Review Board. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Mr. Thompson thought it would be a load for the Council to carry if they had to pass on everything that went through the CBD District. He thought the Agency stood between the Council and the public in a strong buffer section. The city Council would be involved only if there is a conditional use. If a permit was requested, met with favorable response, and came before the Downtown Review Board and met all of the requirements of the Central Business District ordinance and came for public hearing before the Community Redevelopment Agency with another hearing before a group of men who are very familiar with this, Mr. Thompson asked why anyone who meets the requisites should be turned down. Mr. Mauti asked what recourse the people would have if what they are advocat- ing is denied by the CRA. Now, they have a recourse by going before their elected officials. When a ,'ticklish" situation has come before this Board, Mr. Mauti said it was very rare that they ever voted 7-0. It is sent to the City Council, and they have to be responsible to the residents of the City. Mr. Annunziato interjected that it is the Agency's intention to review not only major site plans but anything requiring a permit. For example, the Planning and Zoning Board does not get involved if a guy wants to put a sign up. The way the documents are drafted, Mr. Annunziato said they are talking about review at the most minute detail. Mr. Gregory thought the city Council should, not by right of public hearing but by rubber stamping, put their seal of approval on the final conclusion of the CRA. He did not feel it would interfere with the CRA's process at all. Chairman Ryder asked if he was talking about the Council giving its approval like they do on the Consent Agenda. Mr. Gregory said that was correct. Mr. Thompson said the Council would then be involved with everything, city Manager Cheney did not think they would want the city Council to review every plan but said maybe the Council could give their con- sent to the site plans. Mr. Gregory asked Mr. Thompson if he could live with that particular recommendation. Mr. Thompson replied that it was different than what the Agency paid professionals to give to them. Approval Procedure Chairman Ryder referred everyone to the first sheet sketched by Councilman Warnke, which began with the City Planning MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Department. He said there has to come a time when you divorce the CRA Staff from the City's Staff. After going through the Technical Review Board, chairman Ryder said it should go to the CRA staff. Following through the sketch, instead of the Planning and zoning Board, they would have the Down- town Review Board. The Community Appearance Board should be deleted and replaced by the Community Redevelopment Agency. Then would come the Council's approval. Mr. Annunziato thought the above suggestion made~ sense but said it would be up to city Manager Cheney as to how it would be administered. He said it would put the preparation of meeting dates and agendas into the hands of the Executive Director for processing to the CRA. With regard to the form the Council approval should take, chairman Ryder said they talked about a consent approval rather than a public hearing. Chairman Ryder thought the CRA Staff was very important. For clarification purposes, Mr. Annunziato said the line between CRA and the City Council is connected for projects of a certain size. Chairman Ryder was sure Council would have something to say and thought they should leave it in that area rather than say how it should be done by the Council. Mr. Thompson thought it would be wise to make a suggestion so the Council could have this before them with regard to a threshold of what they may not wish to handle. He referred to the one of $100,000 which is existing now. There was discussion. For any cOmmercial construction project of value less than $100,000 which was not previously approved as a site plan, or which is a free standing building with fewer than $100,000 in value, Mr. Annunziato said the current review procedure is to have the Technical Review Board review it for compliance with the Code and the Community Appearance Board to approve it. That occurs now. What is being suggested is that if a threshold is set, the Cor~munity Redevelopment Agency would end up approving those similar kinds of projects of under $100,000 with automatic approval by the city Council for projects which exceed that amount. That made sense to the Members. Mr. Gregory asked if they were saying there would be no recourse after the CRA on anything below $100,000. Mr. Annunziato replied that they could always appeal to the Council. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 If the suggestion is followed, City Manager Cheney advised they should make a point to invite the CRA Staff to always meet with the Technical Review Board when they discuss down- town matters or anything surrounding the downtown. The suggestion was that the CRA Staff is a separate staff. City Manager Cheney agreed with that particular processing but thought there was some value in being sure the CRA Staff (which is now basically Diane Lawes), participates with the rest of the technical people of the City so that she gets the benefit of their discussion and they get the benefit of her insight into the downtown. At this point, City Manager Cheney hoped Ms. Lawes could be a voting member of the TRB, but if that was not the final decision, he said she should be included in the review process because he thought it was valuable for her to under- stand that a lot of things happen .in the makeup of any project in the area. In many ways, he thought Ms. Lawes should be considered as an integral part of the City's day to day operation, recognizing that she is directly respon- sible for the Community Redevelopment Agency. Mr. Gregory asked if Mr. Cheney was saying they should use this as an intermediary process until the CRA Staff develops itself. City Manager Cheney hoped that staff would never find the need to develop itself to the same level of techni- cal ability as the rest of the City Staff. He did not think the City Staff should be duplicated. City Manager Cheney just wanted to include Ms. Lawes in the technical review process. If the Board goes precisely with what Chairman Ryder recommended, he wanted it to go first to the Technical Review Board, and then to Dianne Lawes, Executive Director of the CRA, for all of the paperwork. Mr. Annunziato said the proposed regulations include an Executive Director and Technical Review Board. City Manager Cheney said the proposed regulations do, but Chairman Ryder had not indi- cated that. Mr. Annunziato advised there was no need for the Board to take any action because other parts of the documents will have to be reviewed. City Manager Cheney suggested that it may be well for the City Council to consider having a Work- shop to review what the Board had said and to add their in- put. He said the result of what the Members said tonight and the result of the City Council's Workshop could be brought back to the Planning and .zoning Board for their final comments. He thought it might smooth out the process. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 27, 1984 Mr. Thompson was thinking about the moratorium and asked about a time schedule on that. City Manager Cheney said the time schedule was a part of the memorandum Mr. Annunziato prepared. It relates to the fact of first reading, adver- tising and notification of things that are required. This Workshop of the City Council will not in any way slow it down but will take advantage of some of the waiting time in between. City Manager Cheney added that it may prevent the extension of a second Workshop or public hearing as they get into the first or second reading of the ordinance in January. Set date for public hearing for rezoning of City Center to CBD It was apparent to those preparing the documents for the rezoning application that they will be in a position to have the Planning and zoning Board conduct a public hearing on the rezoning application sometime after February 3, 1985. Mr. Annunziato said this requires them to mail notices no later than January 4, 1985. There is a one month adver- tising period, so some time after the 4th, the Board can conduct a formal public hearing on the rezoning. Mr. Annunziato said it was important for the Board to consider a formal date to conduct the hearing and whether they want to conduct it at a regular meeting or in a special meeting, chairman Ryder commented that the regular meetings run so long and the prospect was that they would continue to be long. Mr. Annunziato did not foresee much change. chairman Ryder suggested they have a special meeting or they would be there well after 11:00 P. M. Mr. Annunziato advised the regular meeting of the Board would be on February 12. After discussion, it was decided Thursday, February 14, 1984 would be the date of the Special Planning and zoning Board Meeting. Next Regular Meeting Chairman Ryder announced that the next regular meeting of the Board will be December 11, 1984 at 7:30 P. M. ADJOURNMENT There being no further business to come before the Agency, Mr. Wandelt moved, seconded by Mr. Mauti, to adjourn. The 9:55 P. M. meeting properly adjourned at Patricia Y [/ Recording Secretary ~ (Three Tapes)