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Minutes 05-15-89 MINUTES OF THE SPECIAL CITY COMMISSION MEETING ON COMPREHENSIVE PLAN HELD IN LIBRARY CONFERENCE ROOM, BOYNTON BEACH, FLORIDA, MONDAY, MAY 15, 1989 PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Lee Wische, Commissioner Arline Weiner, Commissioner Peter Cheney, City Manager Carmen Annunziato, Director of Planning Tim Cannon, Senior Planner Mayor Moore called the meeting to order at 6:00 P.M. City Manager Cheney remarked that the Planning and Zoning Board had called a special meeting for May 16, 1989 at §:00 P.M. to clarify some reports that the Commission had ieceived relative to Planning and Zoning Board actions on the Comprehensive Plan. The regular City Commission meeting Will follow at 6:00 P.M. At tonight's meeting the Commission was continuing its review of the Comprehensive Plan. Vice Mayor Olenik had two comments that he wished to make. The first deals with the Mixed Use Zoning and the other deals with the ACLFs on 23rd Ave. He felt he wanted to make ~hese comments after reviewing Minutes of a meeting that he was unable to attend. ~elative to the Mixed Use District, north of the CBD up to the Canal, he was concerned that a lot of people living ~here currently may be negatively impacted by this. He ~rove around this area and looked at it very closely. He ~ad prepared a rather crude inventory of what exists there. In the area from N.E. 6th Ave. east of Federal Hwy., up to the Canal, he counted roughly 114 single-family homes, about 31 lots of vacant land and about 19 multi-family buildings. He is concerned because the rough density for these single- family homes is currently about 3.5 to 4 units per acre. We ~re looking at the potential of making this area 40 units per acre. He was leary of doing this and not getting any input from the people who live there. A lot of these homes ~re older and he was unsure of their value. A lot of those people have lived there a long time and probably wouldn't Sell for any amount of money because you probably couldn't ~uy land that close to the Intracoastal on a finger canal anywhere in South Florida for the price that they would prob- ably get if they sold it. He felt the Commission should be cautious about making a change like this. He was aware that people received notification of the Comprehensive Plan 1 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 hearings but this is a big change and he is uncomfortable With it and wonders if the people in that area fully compre- hend what is being considered. Commissioner Weiner stated that she had not been aware of ~he numbers until this time. She also felt uncomfortable in ~iew of the facts. The Commission had already made a deci- sion on this item. Mayor Moore remarked that the people had been notified of what was going on. The Planning and Zoning Board had put in over 200 hours of study and hearings on this. The Commission has spent quite a bit of time on it. He elaborated on the area under consideration and stated Ghat if you had this where there was a reasonable density, he wasn't sure if 40 was it or not, but that's what was decided on, and a reasonable height, which may or may not come later, he felt that those residents would gladly sell ~heir homes and move because they would make a lot of money on it. He felt that the City has to try something to get ~his moving and this was a target area in his opinion. He Would stand by what they did. The final vote will take Place on May 16. Mayor Moore remarked that there was one thing that he would like for the Commission to consider briefly and directly. On the point about the A, B, C and D classifications of en- Vironmentally endangered land, he wanted to know if the Commission had come to that review yet. Mr. Cannon said the ~ommission still had not come to that. With regard to the ~rea of the Tradewinds situation, it was his personal feeling that this item should be put aside and not addressed On a formal basis at this time, because of the fact that it Was in litigation. The hearing on this will be the day ~fter the Commission's meeting. A common-sense approach would be before that happens, to take the position that the Comm£ssion wishes to hold this particular item "on ice" ~ecause of the litigation, until such time as we win, lose or negotiate a settlement. If we just say that we're going to change the situation from what it was at the time the dity signed the Stipulation which was approved by Court Qrder, he felt it was a mistake. The City can maintain it's ~osition, come back six months later or consider that as Part of settlement. Regardless of what happens, they still have to come back with a site plan. He thought that's where it would normally be addressed. But to sit here and take an ~ction which precipitates the continuation of another lawsuit would be costly. An alternate is available and the dity would not be changing it's position. ~ommissioner Hester agreed and stated that until something ~appens, he didn't think they should interfere with that 2 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 parcel at this time. Commissioner Wische agreed. Commissioner Hester did not want to compound the problem. Mayor Moore stated that he spoke with Mr. Rea and the dis- ~osition is taken that this is going to be put aside and held an abeyance until somebody tells the City what to do. He wanted to isolate this and not "clutter up" the plan because there is a possibility that if we leave it the way it is and Conflict with the Judge or the other side, they could put a Stay Order on the whole Comprehensive Plan. This is a ~emote possibility but it could happen. If we isolate the matter, Mr. Rea is confident that the trial could be can- Celled. Mayor Moore elaborated. Vice Mayor Olenik asked if there had been grading classifi- Cations of the land prior to this Comprehensive Plan. ~r. Annunziato responded that they showed those areas which are subject to conservation. It's not only a matter for ~his Comprehensive Plan. The 1986 Plan adopted the Regional Planning Council's 25% criteria. So this was already in place. Mr. Annunziato felt we were being sued because they are acting on this Comprehensive Plan. He thought perhaps ~he City should structure a policy stating that the policy for this property would be amended subject to litigation. ~urther discussion took place relative to creating a "hole" %n the plan because of the fact that the City is in litiga- tion and the matter is being held in abeyance. Based on 6his action, the Mayor didn't think the other side would have any alternative but to drop the suit because the City has not hurt them. ~ommissioner Weiner asked if a whole new plan would be etter than a policy stating it? Mr. Cheney said anything ~e could do now to lessen the complications would be wise. 'he point relative to the 25% has been "on the books" since .986. Further discussion took place relative to the possi- bilities. The Commissioners agreed that they wished to hold .his in abeyance and not change anything from the last plan n this regard because of the litigation. All rights of the ~arties are in the jurisdiction of the Court at the present ime. Mr. Annunziato remarked that the way to handle this ~atter in the plan would be to isolate that property and say .ny actions on this property are being held in abeyance, .ubject to the direction of the Court. This language was greeable to the Commission. The Commission resumed its review of the individual com- ments on the Comprehensive Plan. They picked up at: 3 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 SECTION I: PLANNING AND ZONING BOARD RECOMMENDATIONS WHICH ARE DIFFERENT FROM RECOMMENDATIONS FROM CITY STAFF FUTURE LAND USE ELEMENT Beginning on page 3 of the backup material provided to the Commission, Mr. Cannon addressed the comments on page 78, Area 4.d. Relative to the houses and lots on the north side of Woolbright Rd., at the last meeting the Commission resolved that it wanted to limit the height to one story and to increase the depth of that commercial area to one half block. Mr. Cannon read the comments on Page 86, Area 7.c. This is the plat property at the northeast corner of Old Boynton Rd. and Congress Ave. The text of the plan originally mentioned the possibility that there may be commercial development on the property but it is also a potential site for a major manufacturing plant. Mayor Moore stated that in his opinion there was no way this property should be residential deve- lopment. He elaborated and there was discussion about traf- fic impact. The Mayor thought we should be prepared for industrial. Mr. Annunziato remarked that there are some elements in the ~ommunity, east of the canal that could be negatively affected if it were made manufacturing or industrial now. The recommendation would be that someone would have to seek as a part of the development of regional impact the zoning and plan amendment so that if they came in as a planned industrial development, the City Commission would impact on ~he design decision with respect to how you're going to buffer it and how you're going to treat the properties on ~he east side of the canal. If it was zoned M-1 for the most part, it then becomes a subdivision issue and you ~eally lose some of the ability to mitigate negative impacts from a plan point of view. Further discussion took place ~elative to the DRI process and Planned Industrial Development zoning categories. Tihe concensus of the Commission was to leave this comment as ~ecommended. Tihe Commission moved on to Page 90, Area 8.a. in their backup material. The Commission agreed that they didn't Wish to make any statements relative to the Tradewinds pro- Perty. They wished to delete this. Relative to Page 91, Areas 8.b. and 8oc., Mr. Cannon remarked that at the corner of Gulf Rd. and Congress, the Commission had already decided they wanted to keep the den- s~ity bonus. MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15 , 1989 Vice Mayor Olenik remarked that he was not at the meeting the previous week when this was discussed. Comments were made from both sides, ge asked what the concensus of the audience had been. Mayor Moore recalled that "it was one person against a thousand." The people were heavily in favor of leaving it as it is now. There was concern that ~hanging this to the ACLF category would impact traffic. Several Commissioners agreed that it would actually be less %raffic. After some discussion, Vice Mayor Olenik asked if it could ~till be developed as single family even if they put the ~ensity bonuses in? Mr. Annunziato answered affirmatively. The concensus was to keep the density bonus. Relative to Page 92 - 93, Area 8.h., the Commission had pre- Viously decided that the 30-acre parcel in front of Hunter's Run should be office/commercial. The Commission moved on to Page 93, Area 8.j. Mr. Cannon 9xplained the comments and recommendations of the Planning and Zoning Board which went against the recommendations of ~taff. Mr. Robert Walshak, Chairman of the Planning and Zoning Board, commented that the P.I.D. itself is very restrictive. This entire piece of property now falls within the realm of ~he cones of influence of the wellfield. Any industrial use Would probably run into problems with the County because of ~he Wellfield Protection Act. Mr. Walshak elaborated. Mr. Annunziato remarked that the cones of influence are going to ~ffect all land users regardless of whether it's industrial Qr commercial. After some discussion transpired, the Commission agreed with ~he recommendations of the Planning and Zoning Board. 6iscussion took place regarding the comments on page 93, ~lanning Area 9; also, Intergovernmental Coordination Element, page 34 -- Policy 11-5. This discussion dealt with ~he desirability of annexing parcels on the west side of awrence Road, north of N.W. 22nd Avenue. The Planning and oning Board had recommended that this change be approved and recommended that Lawrence Road remain as the western limit of annexation. Discussion took place as to whether or ~ot this would affect the reserve annexation area. Mr. Cheney asked Mayor Moore what he preferred to do now, go beyond Lawrence Road? Mayor Moore preferred not to restrict it. Mr. Cheney agreed. 5 MINUTES SPECIAL CITY COM~IISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 Further discussion took place. Vice Mayor Olenik remarked that he thought we should eliminate the language and let the special act speak for itself, that our reserve annexation area is to the E-3 Canal, or whatever it is. It may take decades to get there. The Commission agreed. Relative to page 98, Policy 4.9; also, Intergovernmental Coordination Element, page 34 -- Policy 11-3, the Commission agreed to incorporate the first comment stating that the City shall oppose land uses which conflict with the City of Boynton Beach or Palm Beach County Comprehensive Plans. The Commission did not want to incorporate the second remark rela- tive to refusing water service for land uses which would conflict with those Comprehensive Plans. Mr. Cannon read and explained comments on page 102, Policy 10.2. This concerned the amortization period for mobile home parks east of U.S. 1. The Commission and Mr. Keller discussed whether the amortization period should be 2 years, 5 years or 10 years. Discussion also took place relative to mobile home parks being nonconforming uses in the City and what happens when the City annexes in a nonconforming use from the reserve annexation area. After extended discussion the Commission agreed on a five year amortization period for mobile home parks east of U.S. #1, in the coastal management area. Discussion took place relative to page 103, Policy 11.1. This refers to a small stand of mangrove trees immediately north of the CBD at 7th Avenue and whether the City will have a policy protecting those type of mangroves. The Commission agreed to delete this comment. Mr. Cannon read and explained the comment on page 103, policy 11.4 relative to adding "mitigation" and "protection ~nd preservation" in this policy. The Commission agreed With the recommendation of the Planning and Zoning Board. ~he Commission next discussed comments on page 109, Policy 16.1, regarding "Special High Density Residential." The ~lanning and Zoning Board had recommended that hotels and motels, including customary accessory uses, be allowed in ~he Special High Density Residential land use category. Mr. Walshak explained the Planning and Zoning Board's recom- mendation to the Commission. He stated that all three of ~he areas that the Planning Dept. had recommended for spe- cial high density had been ruled out. The Planning and ~oning Board then recommended that the area north of Yachtmens' Plaza be placed in the special high density cate- gory at 20 units per acre. 6 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 Mayor Moore commented that the Commission had resolved the area between the CBD and the Boynton Canal, even though there are still some reservations about it. So now we are talking north. Mr. Walshak stated that they had recommended in addition, in the SH category, that we allow not only the 20 units per acre but also hotels, motels and accessory uses. He felt this made sense up in the north end of town. Mr. Cannon remarked that there's really only one special high density area left and that is the parcel behind Gentleman Jims Restaurant. Mayor Moore remarked that we had the density to stand at 10.78, but now we want to allow hotels and motels. EXtended discussion took place relative to hotels and motels being put in as nonconforming uses. Mr. Keller remarked that when he worked on the Comprehensive Plan for Hillsboro Beach they were put in as nonconforming uses and they were allowed to rebuild. That was approved. Mayor Moore said that should be in the plan because there is concern about the type of situation where one unit is damaged perhaps by fire, and then they can't repair it. Mayor Moore stated that the Commission had resolved this, to leave it the way it is. The Commission didn't want to set ~p a special district. They wanted it to remain the way it Ks, zoning and density-wise. Discussion took place relative to the DRI process. Relative to comments on page 113, Policy 16.3, Mr. Cannon ~emarked that he understood the Commission wished these deleted since the building height issue is subject to a referendum. The Commission agreed. Addressed next were comments on page 113, Policy 17.1 rela- tive to substituting the word "discourage" for "do not allow" when used in this section in connection with additional commer- Cial and industrial uses beyond those which are currently shown on the Future Land Use Map. The Commission decided to Substitute the word "discourage." TRAFFIC CIRCULATION ELEMENT Discussion moved on to pages 58 and 59, Table 20. The Commission discussed at length the recommendation that N.W./N.E. 4th Avenue be constructed from Galaxy Elementary School to Railroad Avenue. Mr. Annunziato remarked that this was part of the expanded Redevelopment Plan which called for improving an east/west road, north of where you · ~ave intensified commercial. He stated that this was also 7 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 part of the Boynton Beach Blvd. Design Plan. This would probably be paid for either by developers or with City money. The Commission decided to delete this remark. Mr. Cannon explained the comments on page 71, Objective 1, relative to the City requesting the necessary exceptions to the Palm Beach Countywide Traffic Performance Standards Ordinancev as soon as it becomes possible to request such exceptions. Mr. Annunziato reported that right now Boynton Beach Blvd. and Woolbright Rd. east of 1-95 are both classified as "D." Currently they are in violation. This Ordinance was voted in Countywide. We will be looking for exceptions. Walter Keller referred to and explained a list of revisions Go the City Traffic Element. These revisions affect page 7, Figure 4, page 22, Figure 8, page 58, Table 20 and page 60, Figure 17. Relative to the revision on 22nd Avenue, Vice Mayor Olenik asked, "Didn't we discuss last week that even though the County doesn't show that as changing from a two lane, weren't we talking that we probably would need at least a three lane, at least with a center lane?" Mr. Keller stated that this is not two lane divided, this is two lanes, which ~s what it is now. Vice Mayor Olenik stated that when 1-95 comes in, at best, it has to add at least a turn lane to ~mprove the traffic flow. The Commission agreed that we WOuld have to have three lanes on this otherwise there will ~e a bottleneck. Mr. Keller said he would make this change. HOUSING ELEMENT Mr. cannon explained the comments relative to page V-3, 3. ~ensity Concessions. The Commission agreed with the recom- mendation of the Planning and Zoning Board. elative to Appendix B, page 2, Mr. Cannon explained that he Community Improvement Director had recommended the ~ddition of the language, "A major repair program" and "A ~edevelopment incentive program" to the list of programs Which should be pursued. The Planning and Zoning Board had recommended that this change not be approved. The ~ommission agreed with the language recommended by the ommunity Improvement Director. ~ANITARY SEWER SUB-ELEMENT ~he Commission discussed the comment on page A-30, 3rd paragraph, relative to taking into consideration odor ~ontrol measures as a part of the expansion of the sewage ~reatment plant. Mr. Cheney remarked that if we leave this in and it doesn't get done, would this affect our 8 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 Comprehensive Plan? The Mayor noted that he felt the City Manager made a good point, that somebody might say we had to pay the entire cost which is about 15 million dollars. The Commission agreed that the statement was acceptable but they wanted it to be subject to the consent of the actual authority that has control of it (SCRWTD Board). Relative to page A-30, the Commission agreed to mention the demolition of the old sewage treatment plant. Mr. Cheney ~emarked that there would still be a radio tower and a couple of communications items remaining at the site. Discussion took place relative to the comment on page IV-4, Policy 1.4.3, to "Re-examine and justify the 120% figure of the previous year's expenditures for the reserve fund for system repairs, and state that this fund is for routine system repairs." Becky Pickren summarized her findings on this topic for the Commission. She recommended a change in language to, "A reserve fund for routine system renewal and replacement will be maintained at a level equal to 120% of the previous year's expenditures for these purposes or at the level required by bond covenants, whichever is greater." Further discussion took place relative to the utilities System and utility funding. Ms. Pickren noted that the Engineer had said to put aside $10,000 per month which is $120,000 annually. She ela- borated. The Commission agreed with the Engineer's wording. SOLID WASTE SUB-ELEMENT Discussion took place relative to the comment on page IV-10-- Policy 5.2.1., and page IV-il-Policy 5.3.10, which deals with the City prohibiting on-site burning of vegeta- tive debris and the City requiring vegetative debris from land development to be chipped and mulched. Vice Mayor Qlenik remarked that some vegetative debris such as Christmas trees and Melaleuca trees do not mulch well. instead of saying "to be chipped and mulched," the Commission agreed to say, "to be disposed of in the most ~easonable and feasible manner in accordance with the quality of the Solid Waste Authority." DRAINAGE SUB-ELEMENT Mr. Cannon read and explained the comment on page B-12, relative to addressing the drainage problem at Industrial Avenue and Boynton Beach Blvd. The Commission agreed with this change. 9 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 POTABLE WATER SUB-ELEMENT Mr. Cannon explained the comment on page IV-8, Policy 3.4.3., relative to re-examining and justifying the 120% figure of the previous year's expenditures for the reserve fund for system repairs and state that this fund is for routine system repairs. The Commission was agreeable. COASTAL MANAGEMENT ELEMENT Mr. Cannon explained the comment on page 103, Policy 4.3, which requires hook-up to the sanitary sewer system, or eventual hook-up when sewer service becomes available, as a condition of water service agreements. The Commission was agreeable with this. The Commission considered the comment on page 104, Policy 8.10, which allows for destruction of mangroves which occur in small clumps, on sites which were previously platted and bulkheaded. Mr. Cannon explained that this was a comment made by a member of the public. The Commission agreed that this item was out of their jurisdiction. The Commission addressed the comment on page 105, Policy 9.1, which deletes the words "boat ramps" since it is not known whether the Intracoastal Waterway park site will include boat ramps. The Commission agreed that this change was acceptable. Discussion moved on to the comment on page 106, Policy 11.3. ~his deals with revising Policy 11.3 to state that con- dominiums, cooperatives and single-family attached housing which exist at the time of the adoption of the Comprehensive Plan shall be construed to be in conformance with the den- Sities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair and reconstruction of same. Mr. Cannon remarked that this deals with the grandfathering of the existing densities in the coastal area. He stated that something similar to this policy is already in the Land Use Element and this would simply pick up in the Coastal Management Element. During the course of the discussion Mayor Moore expressed concern at the areas that might be "caught up" in this, such as Leisureville. He asked if there was a possibility that in Leisureville, there might be a fracturing of the authorized density? Mr. Annunziato responded that he didn't think so. The Mayor wanted to cover every possible con- tingency where someone could get "caught up in the web." Further discussion took place and the Mayor wanted someone to look into that to see if there's any other area in town affected as they want to protect everyone. Mr. Cannon 10 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 elaborated on situations involving single family detached homes built on minimum size, nonconforming lots. Mayor Moore was concerned with residents being able to rebuild their home after a calamity. Mr. Cheney remarked that they could replace it. Mayor Moore said the person would pro- bably get the insurance money, but would they be allowed to rebuild the home? He stated that he wanted to be sure. The Commission moved on to the next comment. CONSERVATION ELEMENT The next comment addressed was on page 25, which deals with the deletion of the C-3 zoned parcel at the southwest corner Of 1-95 and Woolbright Rd. from the list of "A" rated sites, Since this site has been largely cleared or disturbed. Mr. Keller explained that this is one of the areas where scrub jays feed. Mr. Annunziato referred the Commissioners to Attachment Z which had been included in their backup material. Grace Iverson had inspected these areas. Mr. Annunziato commented that the worst case scenario would be that 25% of this site would have to be set aside if it were developed. The environmentalist had agreed with this. The Planning and Zoning Board recommended that this be removed. Grace Iverson had indicated that it's the '~totality" of the echosystem that allows these birds to live. Mr. Keller remarked that you have to have so many acres to Support the scrub jays. This is a major feeding area for Them. Mr. Walshak offered some comments relative to the size and Condition of what he called a "barren" site. Extensive discussion took place. Mr. Keller stated that on face value ~his site doesn't look like it should be saved because it appears barren. The problem is when you consider the biolo- gical implications of the endangered species, which are the sicrub jays, the site is needed to help them feed and it does ~ave an important part in the lives of these birds. A cer- tiain amount of space is required in order to maintain the sipecies. As more and more of these areas start disap- pearing, then the species will disappear. Brief references ~ere made to the Tradewinds parcel, discussion of which the Commission had decided to defer at this time. yor Moore had some problems with this item and elaborated. Co~nents were made relative to the County's environmental cilassification of the site. 11 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 Vice Mayor Olenik said that because we don't have any state- ment on any of the "A" rated sites, he would like to look at how we want to handle this site in relation to all the other "A" rated sites in the City. He was not willing at this time to throw it out, so to speak. Commissioner Weiner stated that she didn't want to delete it either. Mayor Moore and Commissioners Wische and Hester sided with the Planning and Zoning Board. The Commission had split feelings on this. The vote was 3-2 that the parcel be deleted from the list of "A" rated sites. Further discussion took place. Mr. Cannon read and explained the comment on page 59, Policies 2.8 and 2.11, which would specify that property owners can hook up to sanitary sewer at a later date, when it becomes available. Mayor Moore commented at one point that this used to be a specific policy and State law. He thought they had to hook up to sanitary if they're on the water. He said to make them all uniform. We would want them to get on the sewer if it's available. The Commission agreed to the same wording we had the last time. Mayor Moore remarked that the same way with the water, backwards. If they had sewer first, then they've got to hook up to the water. The Commission agreed that they had already discussed the next item on page 59, Objective 3, relative to changing "at least 75%" to "the maximum amount of acreage feasible." The Commission agreed with the Planning and Zoning Board. Mr. Cannon explained the comment on page 60, Policy 3.4, which would state that the City shall participate in programs and adopt model ordinances developed by the Palm Beach Countywide Planning Council for the purpose of pro- ~ecting recognized county-wide natural resources in the form of "A" rated quality native Florida ecosystems as delineated in the Inventory of Native Ecosystems - Ecosystems in Palm Beach Count~, (Iverson and Austin, 1988). Discussion took place among the Commissioners on whether to use the word ~participate" or "cooperate." The Commission agreed on the word "participate." Mr. Cannon explained the comment on page 60, Policy 3.6, relative to stating that the City shall prohibit land Clearing practices that destroy native Florida ecosystems (!in whole or in part), prior to approval by the City of Plans for the development of a particular site. The Commission agreed with the recommendation of the Planning and Zoning Board. 12 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 The Commission agreed with the change on page 60, Policy 3.7, which states that the policies concerning the preser- vation of native habitat and endangered or threatened spe- cies shall also apply to any property which is owned or acquired by the City. Mr. Cannon next explained the comment on page 62, Policy 8.1, which would adopt specific regulations concerning the maintenance of landscaping, including provisions regarding watering, weed-whacking, mulching, hat-racking and planting trees in front of signs. Also, it would state that the City should continue its street tree planting program. Discussion took place relative to enforcement of such an Ordinance and hat-racking in particular. This is not in the plan now. The suggestion came from the public. Mr. Cannon made remarks relating to licensing of maintenance people. Vice Mayor Olenik didn't think we would want this in the wording of a Comprehensive Plan. The Commission agreed that an Ordinance is the best way to address this. RECREATION AND OPEN SPACE ELEMENT Discussion took place relative to page 47--b.1. and page 48--b.5; also, Capital Improvements Element, page 44. This deals with deletion of the bandshell and batting cages which are proposed for Congress Ave. Community Park. It also states that the property to be acquired by the City on the Intracoastal Waterway ("Shooters property") should be used as the site for a bandshell. Commissioner Weiner stated she would like references to this deleted from the Comprehensive Plan. Commissioner Olenik ~ook exception to the Planning and Zoning Board not wanting to put boat ramps specifically in the wording for the intracoastal Park but they are willing to put the bandshell in specifically at the Park. He didn't want to be site spe- cific thereby tying one's own hands, when we haven't decided Where things should go. He thought in this Element if there is a documented need for a bandshell, we should say that we will have a bandshell somewhere in the City in the next ten Years. After some discussion Mayor Moore noted that if it says bandshell and batting cages anywhere, we might say that ~here will be a need for that and investigate the location at a future date, but not specify a certain site. The Commissioners agreed. Mr. Cannon explained the comment on page 57, the third paragraph, which would reword the last sentence in this paragraph to read, "Scrub habitat which is preserved under ~he 25% requirement shall not be permitted to substitute for ~equired park dedication unless the park use is passive." Mr. Annunziato elaborated further on this topic and stated 13 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 that the recommendation of the Planning and Zoning Board was that the City allow half credit to a developer against his required amenities, in terms of acreage. The Commission was agreeable. INTERGOVERNMENTAL COORDINATION ELEMENT The comment on page 24, 4th paragraph and page 36, Policy 20-1 was addressed next, relative to stating that the City ~hould expand its recycling efforts beyond the present program. The Commission agreed with the change. Mr. Cannon explained the comment on pages 25-26, 2nd paragraph and page 32, Policy 7-2, relative to clarifying policy concerning the use of the sewage treatment and dispo- Sal system and state that Ocean Ridge will need to inform ~he City prior to 1995 whether it will tie into the sewage System. Mr. cannon explained that Ocean Ridge had stated in their plan that by 1995 they were going to decide whether they were going to tie into the sewage treatment system. What has been proposed is that the City request Ocean Ridge to move that date up. Mr. Annunziato remarked that they can't go anywhere else but the problem is if they decide to build ~he system in 1995, there could be costs associated with the Gity that we would have to plan for. Commissioner Weiner thought that if they tie in with the Gity, we ought to make it conditional on whether or not they ~ant to have group homes, affordable homes and all the ~hings that they want to pass off to Boynton Beach. Mayor Moore thought that was a good point. The Mayor noted that Crown Colony is still an independent ~nit. He couldn't understand how they get away with qbtaining building permits and yet be dumping septic tanks qn the hard coral rock. It was inconceivable to him that ~he Board of Health allows that. ~fter considerable discussion the Commission agreed that the date should be moved up to 1992. Mr. cannon explained the comment on page 25-26, G. 1. Issue: Coordination with the Palm Beach County School Board and page 36, Policy 22-5. This comment would state that the ~oynton Beach City government and citizens should be for- mally involved in the early planning and discussion of ~chool boundary changes and the roles of potential "ineighborhood schools" in the life of the City and in the preservation of neighborhoods. The Commission was agreeable with this change. Several Commissioners stated that they Would like this put in the strongest possible terms. 14 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACh, PLORIDA MAY 15, 1989 Mr. Cannon next addressed the comment on page 25-26, G. 1. Issue: Coordination with the Palm Beach County School Board and page 36, Policy 22-1. This change would include the Objective and the Policies proposed by the Palm Beach County School Board concerning racial balance. The Commission agreed with the Planning and Zoning Board. The comment on page 25-26, G. 1. Issue: Coordination with the Palm Beach County School Board and page 36, Objective 22, would include the Objective and the Policies proposed by the Palm Beach County School Board concerning intergovernmental coordination. The Commission agreed with the Planning and Zoning Board. The comment on page 25-26, G. 1. Issue: Coordination with the Palm Beach County School Board and page 36, Policy 22-2, would include the Objective and the Policy proposed by the Palm Beach County School Board concerning school sites. The Conm%ission agreed with the Planning and Zoning Board. The comment on page 25-26, G.I. Issue: Coordination with the Palm Beach County School Board and Page 36, Policy 22-4 deals with considering using the implementation of the Objectives and Policies proposed by the Palm Beach County School Board as a means for negotiating with the School Board concerning the construction of a Boynton Beach High School. The Commission agreed with the Planning and Zoning Board. Mr. Cannon explained the comment on page 32, Policy 7-3, which would remove the suggestion that the Treasure Coast Regional Planning Council be used to resolve intergovernmen- Gal coordination problems, since the Palm Beach Countywide Planning Council has been established for this purpose. The Commission agreed with this change. SECTION II: COFa~ENTS BY CITY STAFF W/{ICH HAVE NOT BEEN REVIEWED BY THE PLANNING AND ZONING BOARD Vice Mayor Olenik asked if the Commission needed to offi- cially comment on each of these changes? Mr. Cannon stated that most of the remaining four pages of material is more technical than policy related in nature. He said it might be possible for the Commission to read through these remaining changes and decide if there are any that they disagree with. Mayor Moore stated that copies should be given to the Planning and Zoning Board if they hadn't been already, because of State law. Mr. Cannon said he would provide them with a copy. 15 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1989 Mr. Cannon referred to a memorandum from John Guidry that had been distributed to the Commissioners at a recent meeting. The memorandum dealt with revisions to the Capital Improvements and Utilities Elements that should be incor- porated. Mr. Annunziato explained that a draft of the policies would be prepared. At the May 16, 1989 meeting of the Commission a public hearing will be held. The Commission can then Vote to transmit the plan. It will be incumbent on staff to incorporate all of the changes that the Commission has made to the plan which will be transmitted. The document would be ready for transmittal to DCA by June 1, 1989. If no one appears at the public hearing, we simply transmit the docu- ment. If people appear at the public hearing, you listen to what they have to say and then decide whether or not you wish to instruct staff to make further changes. The plan will return in 90 days with some set of objections from the DCA. We then have 120 days to address the objections and adopt the plan. The next year is spent developing the regu- lations. ADJOURNMENT There being no further business to come befo the Commission, the meeting properly adjourned 8:40 P.M. CITY Mayor ATTEST: City ~ Recording Secretary (Three Tapes) Vice Co~lmi s s ioner Commissioner 16