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Minutes 05-11-89 MINUTES OF THE SPECIAL CITY COMMISSION MEETING ON COMPREHENSIVE PLAN HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, THURSDAY, MAY 11, 1989 AT 6:00 P.M. PRESENT G~ne Moore, Mayor Robert Olenik, Jr., Vice Mayor E!zell Hester, Jr., Commissioner L!ee Wische, Commissioner ~rline Weiner, Commissioner Peter Cheney, city Manager Carmen Annunziato, Director of Planning Tim Cannon, Senior Planner ~ayor Moore called the meeting to order at 6:00 P.M. ~GENDA APPROVAL ~ice Mayor Olenik moved for the approval of the Agenda, s!econded by Commissioner Hester. The motion passed ~nanimously. The presence at the meeting of Walter Keller, Jr., ~onsultant for the Comprehensive Plan, Jordan Lowe, and a ~ew Planning Aide, cindy Petit was noted. Mr. Annunziato stated that they had attempted to respond to ~he direction of the Commission and had gone through and re- Qriented the materials and the comments. On Tuesday, May 9, 1989, the Planning and Zoning Board did act to make ~ecommendations, subject to the amendments that they made to ~he Housing Element and the Capital Improvements Element. ~hose comments have been incorporated. However there were ~everal things in their review that they did not go over. ~hose things were incorporated in one of the sections that ~he Commission was to review. Mr. Annunziato reviewed the contents of his May 11, 1989 ~mo to the Commission relative to review of the Comprehen- sive Plan. Mr. Walter Keller had been contracted to take a look at the ~roposed policies and relate them to the experience he had in Broward County with several plans to determine Whether or not we can short cut some of the objections which might be coming from the Dept. of Community Affairs after ~he plan is transmitted. He needs some direction from the ~ommission so that he can proceed. Mr. Keller noted that after this plan is sent to the State ~or review the State will put together objections. In one City that he worked with, they received 68 pages of objec- %ions back. Probably two-thirds of the objections we will -1- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 g~et from the State on the plan will be in the area of objec- tives and policies where they are not specific enough. If ~he Commissions were not specific in the policy and does not Cie to an implementation type activity that can be measured later, then they will provide an objection. The City's goals, objectives and policies are extensive and from the initial review, he felt the City staff and the different consultants had done an excellent job in having everything in there that met the requirements. There will be changes ~ade. Many of these are in "generic" format. An example Would be that we might say that the future considerations ~ould minimize erosion susceptibility of a development site. We need to say that the land development regulations will be modified to reflect that by a certain date. We're required ~y law to have all the land development regulations revised 9ne year after the plan has been submitted for review. ~y adding that type of verbiage to those policies we will liminate getting objections from the State. ~ommissioner Weiner remarked that it had been suggested that, ~or instance, on the issue of group homes we put nothing in Our Comprehensive Plan. We might wait until some legislation comes through and let it go through like that. ~hen objections are forwarded back to the City, she wondered What the timetable was for answering the objections. he State will answer us in three different ways, explained r. Keller. He cautioned the Commission that the State ~akes a very detailed look and they answer in a very narrow Way. The State staff has been directed to always assume that what the City has done is wrong and if there is the least bit of feeling that it's not totally complete, they will object to something, and list everything in the objec- tion and you may have only left one small item out. They Will object to the maximum extent possible. When they give ~ou an objection they will then give you a recommendation on ~ow to correct it. Generally it's not very specific. It may say, "Revise". The last way they respond is they give you advisory comments. You can consider them or not. You ~ave to consider each objection that they make, decide what ~ou want to do on modifications to your plan and then you modify your plan and adopt it. If you do not address a par- ~icular objection to the satisfaction of the Dept. of Community Affairs they may find your plan not in compliance With the law. Mr. Keller explained what they did relative to group homes in Broward County. There are three different types of group homes. There are the low density homes, up to eight indivi- duals. There is another one from 8 - 16 people and then -2- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 there's the big commercial ones that are larger than that. They limited the group homes to multi-family areas. They provided that they could not go in the single family areas. Those plans received compliance. These were in very eastern, very developed, fairly affluent cities, namely Town of Hillsboro Beach and Town of Lauderdale By-the-Sea. In some of the larger cities they also were somewhat restric- t~ive on where they would allow them. Mr. Keller stated that they are in compliance and termination with those plans now. Mr. Cheney asked, if we aren't in compliance down the road, clould they tell us that you don't give any more building permits or development orders? Mr. Annunziato responded tihat the penalties that you could receive, if your ~omprehensive Plan is not in compliance, would be that it ~ould be questionable whether your land development regula- tions are valid. Also there are financial penalties. Mr. Keller said that you also could stop giving building permits or development orders. ~r. Keller stated that the law requires them to review each ~ity individually. He elaborated. A list of the proposed hanges will be coming out near the end of the process. The ity's goals, objectives and policies are 76 pages long. These pages will be consistent with the Commission's deci- Sions. ielative to Section III on Comments by the Public, discussion ook place relative to the fact that you have to be able to how the public that you have listened to what they have to say. You don't necessarily have to do what they said. Mr. Cannon remarked that the Commission is going to have to espond in general or specifically to the comments by the ublic. There are two categories of comments on the listing ~hat was provided the Commission. First, there are comments ~hat the Planning and Zoning Board had a chance to review ~nd make recommendations and then secondly, there are com- ments that were made to the Commission which the Board has dot taken any action on. The commission agreed that they could approve or not approve ~pecific comments by a consensus of the Commission. This ~ould be considering and responding to the item. ~r. Cannon said the Planning and Zoning Board had gone over the comments and if there were no objections by anyone, it ~as assumed that they were concurring with the item. The Commissioners thought that was a reasonable way to proceed. -3- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 SECTION III - COMMENTS BY PUBLIC G~NERAL COMMENTS Relative to defining the word "should" as meaning "shall", Mr. Cannon remarked that Rule 9J-5 defines should as shall r~gardless. Iln connection with the next comment~ namely, "Consider tiransmitting the Plan to the Florida Dept. of Community ~ffairs after the June 1, 1989 deadline, if necessary, in ~rder to allow additional time for review of the Plan by the public," Mr. Cannon stated that there had been a suggestion ~hat we submit the plan after June 1, but he thought we ~ould be making the deadline of June 1. "iShorten and simplify the process for obtaining building ~ermits and other land development approvals." Mr. Cannon ~emarked that this comment is really not relevant to the ~lan. There is no section of 9J-5 that concerns the length qr type of development approval process. ~UTURE LAND USE ELEMENT domments Submitted at Public Heari__n~s before city Commission Mr. Cannon proceeded to read and explain the comments from ~ages 33 - 40, and Appendix B. The Commission had no objection. ge further addressed comments from page 49, line 3, "Obtain additional public input prior to intensifying the land use ~n the CBD and the proposed Special High Density Residential ~and use category." Mr. Cannon remarked that the City had ~lready received a lot of public comment on this. All of ~hese parcels would have to go through the rezoning proce- dure, regardless. So everybody that owns property that Would be affected by rezoning applications, within 400 ft., ~ould be getting notification regardless. Mayor Moore asked if you implemented as part of this overlay, the recommen- dation of Planning and Zoning or is there a differential ~etween what the original plan presented and what they came Out with. Has it been dovetailed? Is there one plan coming ~orward now that has implemented their recommendations? ~r. Cannon responded that when they go back to Section I, he ~ould show them on the map what was originally proposed and ~hen what the Planning and Zoning Board was proposing to do as far as expanding that Special High Density area. -4- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mr. Cannon further read and explained comments on page 50 - 51, and Page 62 - 63 - Area 1.1. There was no objec- tion from the Commission. Relative to comments on page 77, Area 4.a, "Create a C-1 or C-2 zoning district, 1 block deep, along both sides of Seacrest Boulevard between Boynton Beach Boulevard and Woolbright Road", Vice Mayor Olenik remarked that he felt that this property should remain at best R-2. Mr. Cannon e~plained that it was R-2 for approximately 1 block deep in firom Seacrest. Then further in, it is zoned R-lA. The Vice Mayor said he would be against changing it to C-1 or C-2 on Seacresto Mayor Moore said for all intents and purposes, this Property is all developed now anyway. You'd possibly be dhanging it to doctor's offices or something like what was done south of Woolbright. He thought it would ultimately come to that. Mr. Cannon read and explained comments on page 78, Area 4.d. This is the frontage on the north side of Woolbright Rd. across from the cemetery. The Planning and Zoning Board's ~ecommendation was to make the property C-1 and limit it to ~ne story and increase the commercial lot depth to 1 block, staff thought it should be halfway through the block, C-l, one story, assemblage of lots so there would be ~inimal curb cuts. The Commission agreed with staff on ~his. ~elative to comments on page 87, Area 4.d, Mr. Cannon ~xplained that this would come up at the public hearing on May 16, 1989, relative to the natural area at the Boynton Beach Mall. The City Manager remarked that a letter had been received from DeBartolo Corp. requesting that this ~ssue be continued until the second meeting in June, due to the transit option. Mr. Annunziato remarked that he would hot include this comment at this time because it would pre- determine the outcome of the hearing. Discussion took place ~elative to the public hearing itself, public notice and the proposed bus service. Commissioner Wische noted that he Would be hospitalized during the month of June. Commissioner Weiner asked if there would be a possibility of ~ontinuing the meeting into July, when there would be a full Commission. Vice Mayor Olenik stated that because it was a rezoning it would require a super-majority. Mr. Annunziato Clarified that to change the plan they would need a super- majority. This in fact would be a plan amendment. They Would need four positive votes. Mayor Moore remarked that ~e would rather take care of it sooner and have a decision Bade one way or the other. The other Commissioners agreed. They have a right to put it off, but Commissioner Wische -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 will not be in attendance at the meetings in June. Further discussion took place. The Commission will make a decision on Tuesday. If there is something unresolved beyond Tuesday, they will be given a certain length of time by the Commission to resolve it, but they will conduct the hearing because it is already advertised and ready to go. Mr. Cannon next addressed comments on page 91, Areas 8.b. ~nd 8.c. This concerns the density bonus for ACLFs for the ~lderly, that the Planning Dept. proposed for the two par- ~els on the northeast and the southeast corners of Gulf Road and Congress. The Planning and Zoning Board recommended ~hat the text stay the same and that the density bonus be ~ermitted at those two corners. That is the entire parcel Which is 4 acres at the northeast and then the western one- ~91f of the parcel on the southeast corner, which is about 4~ acres. ~ayor Moore stated that the City has been "wrestling" with these two corners for as long as he can remember. They've ~ever been developed. The argument that it's going to increase traffic didn't ride with him because he felt if it did become an ACLF you would have less traffic than you ~ould have if there were homes there. He would like to give it a try on the zoning basis and see if something happens. Er. Cannon remarked that the plan states that this would have to go through the Conditional Use procedure also and public hearing. Vice Mayor Olenik stated that the density bonus was Something we've never tried before and he thought we should give it a try. If it's a specific type of project, can we ~ive them some type of relief to build this incentive and give them more beds for their acreage. Mr. Cheney noted that there is a historic, strong group of Citizens who have lived there a long time and are against ~his. These are residents from Golfview Harbour and Leisureville. ~ommissioner Hester said he was for it also. Commissioner Weiner stated she would have to vote against this one. The other four Commissioners were for it. Mr. cannon moved on and read and explained comments on pages 92 - 93, Area 8.h. This comment states, "Change the land ~se on the entire 30-acre commercial parcel lying to the east of Hunters' Run from Local Retail Commercial to Office -6- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Commercial." The Planning and Zoning Board recommended that this parcel be changed to either high density residential or office commercial or possibly a mixed use project. Mr. Cannon said the Commission needed to decide which of those land use categories they would want to put that prop- erty in. Staff recommended that the northern 9 acres be placed in C-1 and that the remaining 20 acres stay C-3. Commissioner Wische thought the entire parcel should be C-1. Mr. Cannon stated that the parcel is C-3 now. The developer that owns the parcel has not made any input publicly on this. Mr. Annunziato explained the history of the parcel. Commissioner Weiner said she would like to have it C-1 also. Nice Mayor Olenik said he didn't have any problem with that. The Mayor and Commissioner Hester were both agreeable. Mr. Cannon next addressed comments on page 98, Policy 4.13, and page 113, Policy 16.3, relative to maximum building heights and the special high density land use category. He ~aid it would probably be better to defer discussion of these items until the Commission had reviewed the Planning and Zoning Board's comments. The Planning and Zoning Board had very specific recommendations concerning building heights and special high density. Relative to comments on page 117, 2nd paragraph, dealing With additional notice to property owners when the land use is proposed to be changed, Mr. Cannon remarked that City staff has been adhering strictly to the requirement for the Statutes. This would include a map ad showing the affected area. In the case of a Comprehensive Plan for the entire City, since every property is affected they have a map showing the ~ntire City shaded in. The question has come up whether we Should amend our Ordinance to require that when you go through this Comprehensive Planning procedure, where you are proposing to change the land use category, that the property owners be notified. Mayor Moore felt that the notice right now is inadequate. The map is difficult to read. He thought that where there is any change in zoning from one plan to another, anyone that is within 400 ft. should be notified. The Commissioners concurred. Mr. Cannon asked in the case of doing a Comprehensive Plan, would they want everybody within that 400 ft. notified, or ~ust the property owners? Mayor Moore answered "property -7- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 owners". Further discussion took place relative to notifi- cation of property owners. Notifying property owners by certified mail would be very costly especially for a Comprehensive Plan. Mr. Annunziato stated that notifying property owners as land uses change is feasible. Otherwise it is not feasible. He referred to the group home item. If fior example, the Commission decided that group homes were ~oing to be in all R-3 and commercial zones, this would affect a lot of people. He wondered if the Commission ~as just talking about amendments to the Future Land Use Element. Mayor Moore said one idea would be to print for 3 con- ~ecutive months on their water bill in red print the notice. Mayor Moore noted that we are currently complying with the law, but there are still people complaining that they didn't ~eceive notice. Mr. Annunziato stated that they could write the policy to ~mend the land development regulations to require when the ~ity is changing future land uses, to notify the property Qwner, even if it's part of the Comprehensive Plan. The Commission agreed with this suggestion. ~omments Submitted at Public Hearings before Planning and ~oning Board Mr. Cannon read and explained the comments relative to page 15, 5th paragraph, page 47, 1st paragraph and page 47 (under new section on redevelopment generally). The Commission concurred with his comments. Mr. Cannon moved on to page 47, "Allow the Special High ~ensity land use category to be applied to other areas of %he city..." He remarked that the Planning and Zoning Board ~ad recommended that the Special High Density be limited to ~he coastal area. Staff recommendations originally for the ~pecial High Density were that it be applied only to a few ~elatively small areas along S. Federal Hwy. Mr. Annunziato Stated that there were several sites which were recommended for 16 units to the acre as opposed to 10 units to the acre, ~hich was current zoning. That was the genesis of the ~pecial High Density category. Mr. Annunziato elaborated and stated that this is a new residential land use category. There are a couple of sites that this would affect. The ~rove will stay the way it is now. The Commission referred to a map and reviewed sites that would be affected. -8- MINUTES - SPECIAL CITY COM34ISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mr. Cannon stated that the issue here is whether that Special High Density would be allowed outside the coastal a~rea. Vice Mayor Olenik remarked that he didn't think there was any need for anything higher than 10.8 outside the coastal area, west of Federal Highway. The other Commissioners agreed. Relative to page 51, 5th paragraph, the Commission agreed With the recommendations of staff. Mr. Cannon explained the comments on page 71, Area 2.h., ~ages 74 - 76, Area 3.i., Page 78, Area 4.d. and Page 102, olicy 9.9: "Create Municipal Corridor Districts, in order Co encourage redevelopment, along segments of Boynton Beach ~lvd., Woolbright Road and 22nd Avenue, N., between 1-95 and ~.S. 1." Mr. Cheney c~mmented that up until now, on the interchange the situation has been that east of Seacrest, ~2nd would probably become a 3-lane road, so that the middle lane could be a turning lane. The intent would be to keep ~t a residential corridor. This is a significant change and Mr. Cheney felt it would be disasterous for that neigh- borhood. Vice Mayor Olenik remarked that he didn't want to create Municipal Corridor Districts at this time. He stated that hey had already discussed that they wanted to change oolbright Rd. to C-1. Boynton Beach Blvd. is being handled bY the Boynton Beach Blvd. design plan. He's not sure he Would want to address anything on 22nd Ave. yet until they know what is going on there. Mayor Moore felt that there would be a significant traffic impact along 22nd Ave., which is going to be a big problem. Further discussion took place. ~r. Cannon read and explained comments on page 75, 4th Paragraph, relative to the U.S. Post Office. The Commission ~greed with his comments. Relative to page 76, Area 3.k. Fir. Cannon remarked that this Was a request by the owners of these condominium units. Since the plan is recommending that this stretch of Ocean Ave. be changed to low-intensity commercial, the owners of the condominiums also wanted to be included in that commer- cial. The Planning and Zoning Board felt that since the intent of the co~mercial along Ocean Ave was to have a pedestrian oriented, low-intensity type commercial use, that you would not want to expand it northward or southward. You -9- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 would want to keep it to those lots that front right on Ocean Ave. Some of the land owners were inclined to sell their property. Vice Mayor Olenik thought that if the City was trying to bring some downtown residential into the area, this might be a good spot for residential redevelopment. Mayor Moore remarked that he had talked with some of these people and they generally feel that it's not the proper place to live with all the properties around them changing ~o commercial. They haven't had any input publicly other than one letter that had been written. Further discussion kook place. The consensus of the Commission was that it agreed with staff and the Planning and Zoning Board. Mr. Cannon read and explained comments on page 78, Area 4.d. ~his is the strip of lots north of the Little League Park on Woolbright Rd. Mr. Cannon stated that the comment had been made that the building height there should be two stories ~nstead of one story. The Planning Dept. and the Planning ~nd Zoning Board both recommended one story. The property ~ehind this is zoned R-1AA. Mayor Moore noted that there would have to be a buffer wall in between commercial and ~esidential. Mr. Cannon said it's really a question of how much you want to retain the residential character of the ~rea to the north. The Commission concurred that it should be left one story Discussion took place relative to page 79, Area 4.f. After ~onsiderable explanation by Mr. Cannon and Mr. Annunziato, ~he consensus of the Commission was to go along with the two Story height recommendation in this area. The next two comments from page 87, Area 7.d. dealt with the Boynton Beach Mall out parcel. The Commission deferred this ~o the outcome of the hearing. ~elative to the comments on page 101, Policy 8.3, the ~ommission agreed with the Planning and Zoning Board's ecommendation that the language be included. ~age 108, 3rd paragraph under Low Density Residential was addressed next. Mr. Cannon explained the comments to the Commission. The Commission agreed with staff and the Planning and Zoning Board that there be no changes in this ~egard. Er. Cannon read and explained comments on page 113, Policy 17.2. The Commission agreed with the Planning and Zoning Board's recommendation. -10- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 HOUSING ELEMENT Comments Submitted at Public Hearings before Planning and Zoning Board Page IV-25, and page VII-6, Policy 5-3, concerns the mini- mum distance between group homes. One of the members of the public had recommended that the distance be doubled to 3,600 fit. The Planning and Zoning Board had recommended that 1,800 ft. be established as the minimum distance. Vice Mayor Olenik reported on the status of the bill in Tallahassee. The Planning and Zoning Board had recommended Chat the group homes be allowed anywhere in the City, sub- jiect to the 1,800 ft. distance requirement. At the present time group homes are a conditional use in an R-3 zoning district without any distance requirement. They are a per- mitted use in the C-3 zoning district. They are also allowed in PUDs if admitted in the Master Plan. Hunters' Run is a PUD so they would be allowed under current Ordinance only if the Master Plan for the planning and de- 9elopment said this is going to be a nursing home. Mr. Annunziato remarked that the Fair Housing amendments according to the attorneys that gave a presentation at the A.P.A. Conference, had been interpreted by the Justice Dept. ko mean that all restrictions are now considered to be discriminatory, even distance restrictions and condominium and homeowners' association documents which prohibit these kinds of things. Commissioner Weiner recommended that the Commission go along With the Planning and Zoning Board's recommendation that they be allowed anywhere in the City. Vice Mayor Olenik agreed. He felt if the State legislation does pass, we Would have a better "foot in the door" if the State wants to Put a group home here, because we've got responsible planning for such types of things. If we didn't, they would be more apt to overrule us and put it anywhere. Mr. Annunziato stated that this would have to be implemented by changes to the Zoning Code. You would have to consider square feet per person, number of beds, etc. Group housing Would be non-treatment related. People in alchohol or drug abuse treatment are not put in that definition. It would include the retarded, handicapped, and the elderly. The consensus of the Commission was to stick with the 1,800 ft. This will be implemented by an Ordinance. If Federal law came down on this, it would have to be changed. -11- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mr. Cannon remarked that a lot of people are afraid of the group homes for ex-offenders. Those are not included because Rule 9J-5 states that you have to address the need f~r group homes licensed by HRS and those are licensed by the Dept. of Corrections and not by HRS. So you would not heve to include group homes for ex-offenders. Vice Mayor O~enik suggested that that be made clear in the ordinance itself. Commissioner Wische agreed. Mr. Cannon said it could be put in the Ordinance. The Commissioners were a~reeable. Mr. Cannon next addressed comments on Page V-15 and Page VII-7, relative to adopting a historic preservation ordi- nance, which would include mandatory review and approval of ~hanges to these dwellings. The Commission agreed with the ~ecommendation of the Planning and Zoning Board to make this a voluntary process. Relative to page vi-12,7. Code Enforcement, and Page VII-2, ~olicy 2-1, the Commission agreed with the Planning and Zoning Board and felt this should not be changed. ~RAFFIC CIRCULATION ELEMENT Comments Submitted at Public Hearings before City Commission Mr. Cannon made brief reference to a letter sent in ~equesting that the bridge over the Intracoastal Waterway be relocated from Ocean Avenue to Boynton Beach Boulevard. Remaining comments in this section were made by the Chamber Of commerce, staff found some of the comments to be unreasonable. Mr. cannon referred to increasing the study area for the ~raffic Circulation Element and remarked that this would ~equire that you redo the entire Traffic Element. The Commission agreed with staff on this item. Other comments by the Chamber of Commerce were reviewed from page 8 of the backup provided the Commission. Relative to the comment on Knuth Road being included in the analysis, ~alter Keller agreed that Knuth Road should be included in the plan. Mayor Moore asked if Knuth Road was in the plan now? Mr. Keller said it's in there in some places. It's Shown on the map but it's not really addressed in the tables and he thought it would help to include it. The Commission agreed. -12- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mayor Moore asked Mr. Cannon if there was anything in the r~ad comments that staff or Mr. Keller felt should be added or changed from the traffic study that has been recommended, other than the point on Knuth Road? Vice Mayor Olenik imme- diately asked whether the 4-1aning of Old Boynton Road was in the plan? Mr. Keller responded that the traffic lines don't seem to indicate that that needs to be done. Mr. Keller stated that a lot of these comments are things that clould potentially cost the City a lot of money. Some of tlhese widenings aren't picked up by the County, so if you Put it in then you might be responsible for it if it's different from the County plan. Mayor Moore stated that he. had read the entire Traffic ~lement section over and it looked okay to him, unless they Wanted to incorporate any of the listed changes. The ~ommlss~on did agree with the comment on Knuth Road. Mr. Keller referred to the comment on page 73, Policy 4.5, ~elative to plantings within and along road rights-of-way emphasizing the use of native vegetation. He said this is a ~ood policy. Mr. Cannon said he felt it would be a good idea to make a Specific statement about the road widenings that the Chamber ks recommending. Going back to page 8 of the backup, they addressed page 35, paragraph 2, and the two comments on Dage 36 - Table 14. The Commission said to delete these qomments. Mayor Moore noted that on all these items ~egarding the traffic study, unless the city's consultant ~ecommends any of these specifically be included, that they have been noted but his recommendations stand as submitted. Relative to comments on page 22, Figure 8, Vice Mayor Olenik asked about the bicycle path. Mr. Annunziato stated that we do this. Mr. Keller said on some of these things we don't know what the full cost of something like this would be. ~r. Annunziato stated it doesn't say we would have to do it right away either. He said this is already in the current plan. We in fact do this. Every arterial and collector %hat is being built in the City has a bike path. Mr. Keller referred to the comment on page 73, Policy 4.7 ~elative to the City designing and instituting a maintenance program for city streets so that every street is upgraded to Current standards every 10 years. He stated that he was not Sure what the cost of this would be to the City. Mr. Cheney Snjected that it depends on what you mean by maintenance program. That could be a very broad based thing. The City -13- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 does a maintenance program on a regular basis now. Mr. Keller remarked from the way it was worded in the com- ment, that it sounded like resurfacing. Mr. Keller said that if you put something in there that says it's to be done every ten years then you have to do it. Mr. Cheney remarked that this is an annual operating budget kind of thing that you do if you've got the money. The Commission agreed. Mayor Moore said he thought the Commission had the com- ments reviewed and "cleaned up" through the middle of page 10 of the backup. He felt they could just leave it the way the traffic pattern was submitted with the one point that Mr. Keller recommended about Knuth Road. There was agreement. Mr. Annunziato said there was one important thing that needed to be addressed relative to the comments on page 59, ~able 20. He referred to the position being recommended by Staff for both Boynton Beach Blvd. and Woolbright Road. He said both of these roads are shown in the County's thorough- ~are plan as being 6-lane divided highways. We have adopted an amended thoroughfare plan which shows the segments east ~f 1-95 basically being what they are today, 4-lane divided. The reason for this is that there would be tremendous disruption to the community and he didn't think there would ever be money available to make those kinds of improvements. He doubted that the State would ever come back east of 1-95 and build Boynton Beach Blvd. to six lanes. That would take a tremendous amount of property. On Woolbright Rd. you have ~he problem with the cemetery. He wanted to point out that even though it says Woolbright Rd., west of 1-95, 6 lanes is ~upportable because of the right-of-ways and should be done. East of 1-95 he wanted everyone to clearly understand what is being recommended by staff, which is 6 and 4. So this Comment is not going to be implemented. The Commission con- curred with his remarks. Mr. Keller referred again to the comment on page 73, policy 4.5, relative to native vegetation plantings in and along road right-of-ways. The Commission wanted this added along with the point on Knuth Rd. ~r. Cannon asked the Commission if it wished to delete the remainder of the comments concerning transportation? The Commission responded affirmatively. -14- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Comments Submitted at Public Hearings before Planning and Zoning ~Board COASTAL MANAGEMENT ELEMENT Mr. Cannon referred to the comment on page 69 4th paragraph, relative to utilizing vernacular architecture and ~ative vegetation in the redevelopment of the CBD. The Vice Mayor and Mayor weren't sure they would want this tied into the Comprehensive Plan. The consensus was against this item. ~omments Submitted at Public Hearings before Planning and Boning Board Relative to the comment on page 77, Mr. Cannon remarked that ~he Commission had already addressed this item in the Land Use Plan. ~ONSERVATION ELEMENT Mr. Cannon addressed comments on page 28, 2nd to last ~aragraph and page 53, 3rd paragraph. He remarked that ~hese are more or less statements of fact about these natural areas. The Planning and Zoning Board recommended ~hat this change be approved. Discussion took place rela- tive to the fact that scrub jays feed and nest in various ~ites. Mayor Moore asked Mr. Keller if he thought this was ~overed already. Mr. Keller thought it was. The consensus Of the Commission was to leave this the way it is. ~oving on to comments on page 59, Objective 3: "State that ~he City shall protect all "A" rated sites", Mr. Annunziato ~tated that in the Conservation Element all undeveloped §ites remaining in the city were graded A, B or C. The A ~ites exhibited a series of endangered or threatened species 0r ecosystems. Mayor Moore asked if the A sites were ~lready set forth in the current plan or Ordinances? Or was Something else being put in there that they didn't know Rbout? Mr. Keller stated that the original recommendation ~as that we provide for continued existence of at least 75% of the sites. This recommendation was changed to be all of ~hem. When this was originally developed they did not know ~hat percent they should try to accomplish so they used 75% as a starting point for the policy bodies to select. The Planning and Zoning Board said why go for 75%? Let's go for ~00%. Mr. Annunziato thought a consensus was needed as to ~hat we want to do and then we should come up with a way to fund it or have development regulations for further protec- tion. He thought if we look at it through a percentage, it would be unattainable. Mr. Annunziato said there are areas to protect, no money to do it with and we've got the 25% set aside and the subdivision regulations, which may or may not -15- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 be suitable when you have areas, say for example, where you have scrub jays nesting. The intent was that some of these areas are worthy of true conservation, but the number that the City can afford to conserve and methods for obtaining that number are unknown. He thought this needed to be studied further. Mr. Keller added that the State wants some way to measure what you do. If you put a percent in you can then determine Whether you did that or not. He didn't know if the Planning and Zoning Board's recommendation to protect all of the sites was realistic. Mr. Cannon stated that the Planning and Zoning Board recom- mended taking any reference to a percentage out and simply Stating as an objective that the City shall preserve the maximum number of sites possible. That still gives you an Objective that's measurable but you don't have a percentage to measure it by. Mr. Cannon and Mr. Keller elaborated. Mr. Keller thought we should set objectives that are ~ttainable for the City. If we don't put a percentage in there or some way of measuring it, they are going to figure that maximum can really mean anything. Mr. Keller stated ~hat he would want to put more emphasis on the better sites. He thought it needed to be more implementable. Mr. Annunziato spoke at length about the City gaining Ownership of the best A-rated sites. Commissioner Weiner ~tated that the City would never be able to afford the best Sites. Mr. Annunziato responded that maybe the study could ~ay that we contact nature conservationists and work with them. Vice Mayor Olenik asked what our Capital Improvements Plan had to say about A-site acquisition. Mr. Annunziato said it made no reference at all to purchasing sites. The Vice ~ayor couldn't see how we could have this as a policy and not ~ave the money and the Capital Improvement Element to back it up. Er. Keller said that via a study done on all these A-rated Sites, that one year after you've adopted the plan, an implementation program would be developed on how these ~ites would be protected, preserved, acquired or taken off ~he list. The Commission thought this sounded good and it ~ouldn't make a percentile reference. Commissioner Wische ~aid this could be incorporated with the Planning and Zoning Board's recommendation. Mayor Moore asked if the Tradewinds matter had been put into an A category or was this the genesis of the suit? -16- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mr. Annunziato thought that was the genesis of the suit. Mayor Moore noted that the City is back in Court in connection with Tradewinds. The other side is saying that the City raised the percentage on the environmental tests after the Court Order. Mr. Cheney remarked that the City didn't require in the original development, the preservation Of that area. He stated that all we are doing is following the scope of the Growth Management Plan. Mr. Annunziato qommented that the Stipulation was signed prior to the adop- tion of the 1986 plan. We had no basis for policy for the 25% set aside. Mayor Moore noted that the other side is saying that they were "grandfathered in" and now through the adoption of this plan, that something is being put on after the Stipulation. Mr. Cannon explained the comments on page 59, Policy 3.2 and page 60, Policy 3.5. The Commission agreed with the planning and Zoning Board's recommendation not to put these items in. RECREATION AND OPEN SPACE ELEMENT domments Submitted at Public Hearings before Planninq and ~onin~ Board Mr. Cannon referred to the comment on page 47, b.l: "State ~hat access to facilities which would generate a significant amount of traffic at Congress Avenue Community Park should have access which is separate from Charter Drive, in order %0 prevent conflicts with access to Hunter's Run, Chanteclair Villas and Palmland Villas." He said this is ~robably not necessarily connected with the Comprehensive lan. There is nothing in 9J-5 that addresses access where driveways in parks should be. The Commission agreed that this change should not be included. Mr. Cannon next addressed the remaining comments in this Section, on page 56, 2nd paragraph, page 57, 3rd paragraph, ~age 61, Objective 8 and page 61, Policy 8-1. The Commission agreed with staff and the Planning and Zoning Board that these be included. SECTION I: PLANNING AND ZONING BOARD RECOMMENDATIONS WHICH ARE DIFFERENT FROM RECOMMENDATIONS FROM CITY STAFF FUTURE LAND USE ELEMENT ~r. Cannon explained the comments on page 47 (under new sec- tion on redevelopment generally); also, page 71 - Area 2.h., page 73 - Area 3.e. and page 78 - Area 4.d., relative to activity centers at three different sites. These activity -17- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 centers could include commercial, residential, institutional or governmental uses or mixed uses. He proceeded to explain the Planning and Zoning Board's recommendation. Mayor Moore asked what the input of staff was on the Planning and Zoning Board's recommendation? Mr. Cannon answered that they con- curred that it would be suitable to mention these as study areas in the future, but that the City should not actually clhange the land use. The Commission agreed with Mr. Cannon. Comments on page 47 - 50, Coastal Area, and Page 106 - Policy li5.7 (new policy); also, Coastal Management Element, pages 7i8 - 82 - "Land Use Implementation", and pages 76 77 - ·able 24 were next considered. It was explained that the Lands encompassed by the CBD zoning category are roughly f!rom S. 2nd to N. 6th, between the F.E.C. and the ~ntracoastal Waterway. Mr. Cannon explained the Board's ~ision for this area. He stated that a lot of the commer- dial buildings are in a bad state of repair. There are ~arginal commercial uses. East of there you have a single- amily neighborhood with a large percentage of vacant lots. Some of the homes in that area are in disrepair. It might ~ake sense to expand the CBD northward or create a new Zoning district similar to the CBD and allow a developer to dome in and if he requires the minimum two acres, allow him ~o put either a special high density residential development ~n or commercial use or some type of mixed use project in ~here. ~ommissioner Wische asked how staff felt about this. r. Annunziato stated that it really boiled down to the uestion of how much demand is there going to be for these ~inds of uses? Should that demand be spread out over a larger area or smaller area? The recommendation, he felt, Was probably a pretty good one, but there may be a price to ~ay. One of the things that would probably be given up is ~he vistas to the Intracoastal Waterway. Those sites on Lake Worth would probably be the areas that would go first. ~e thought this would be an impetus to redevelopment. He felt there would be some residential development but pro- bably not at 40 because that's probably pretty high. He ~hought it would be more than what is currently there. It ~ould probably cluster in close proximity to the Waterway. ~ommlssloner W~sche asked Mr. Annunziato what staff thought ~he units per acre should be? Mr. Annunziato stated that he ~idn't feel the units per acre were as important as how much !and you require as a basis for development. Commissioner Wische stated, "So actually what we're agreeing to is Whether we want to expand it." Mr. Annunziato agreed and added, "...and intensify it." Mr. Annunziato said the ~ecommendation, as he understood it, would be to allow com- mercial, residential or hotel or mixed, in combination. MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 ~ice Mayor 01enik agreed that we need to spark interest in tlhis area but he was concerned about diluting the CBD. We're trying to work with a finite area in the downtown and CBD and based on some previous comments he was concerned with expanding the plan for that. He thought perhaps they seeded to look at some of the intensities up there to try to spark some growth. Mr. Annunziato noted that this is also coupled with some decisions on height, because if you want to intensify you're probably not going to do it in 45 ft. The recommendation over that area was 8 to 10 stories. Mayor Moore stated that as a practical matter he didn't think you could get 80 units on 2 acres, or 80 units on 4 acres. You're going to have to go up and that's another issue. Mr. Annunziato remarked that these intensifications are good but in order for them to work, they're going to have to be ~oupled with some change in philosophy on height. The ~ommission is also going to have to evaluate what it means in terms of commercial development and office space. How ~uch demand is there? Do you want to focus that demand or go you want to allow it to spread out? The market may do it for you. ~ice Mayor Olenik asked if this would change that entire ~rea to a mixed use? Mr. Annunziato responded affirm- atively. The Vice Mayor said people complain about high- ~ises "shadowing their homes". In the CBD that is not a ~eality because we don't have much in the way of residential ~here. But when you start talking about the potential of ~utting a high rise building in and around R-lA and R-iAA properties, he thought you would be frightening the public. ~e thought that the intent to include this in the CBD is to ~nclude it in a future referendum that may raise the height limits in the CBD. He felt we might be cutting off our nose ~o spite our face. He agreed with the Mayor that perhaps we Should take it one step at a time. ~r. Annunziato remarked that if you intensify the area along %he lake and allow hotels or condominium apartments, sooner Or later that will develop. There is only so much ~aterfront and it will always be in demand. Mayor Moore stated that if they did not do this now in this Comprehensive Plan and they would get the height that ~ould go along in those areas, they would have to go back and amend the Comprehensive Plan to make it happen. Mr. Annunziato stated that there are some utility and traf- fic considerations as well. -19- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Commissioner Weiner remarked, "What we recommend in the Comprehensive Plan, height limitations are something that go on the referendum, for the people to vote on. What you are suggesting is that we have to think about intensifying the density. We can't say height, because it's not for us to say." Mr. Annunziato said that was correct, but these intensities and recommendations only make sense if you can implement them. You're not going to get the impact of these recommendations in 45 ft. Further discussion took place as to density and parking. Mr. Annunziato stated that there is another way you could do this. You might want to tackle the height issue first. You could go back and amend the land use. You can amend your plan twice a year. Bob Walshak, Chairman of the Planning and Zoning Board, addressed Mr. Annunziato from the audience and said he should explain these decisions the way they are coming out of the Planning and Zoning Board. The Board had recommended creating an MX District, not expanding the CBD. Attached to that are certain stipulations. You're in an area north of the CBD that's south of the C-16 Canal, which gets flooded occasionally. A lot of the homes are in need of repair. Mr. Walshak stated that we couple that with anyone that wanted to use this particular MX District for commercial and residential, or a combination of both, would have to buy up two acres. The R-1AA properties there are no more than quarter-acre lots. It would be advantageous to those people and they would get a lot more money for their homes if some- body could come in and buy up two acres. The two acres were coupled with the MX District Vice Mayor Olenik remarked that they had run into the same problem in the north Boynton area with housing. Are people Willing to sell their homes? Those people like to live Close to the Intracoastal. Discussion took place relative ~o the lots involved. ~r. Annunziato commented that it was his understanding that the words "Mixed District" are actually incorrect. He ~nderstood that the two would be Mixed Use, and CBD was being used interchangably. The two acres is listed as well as Mixed Use, residential, commercial or hotel. They did reference the height and they did reference the area. Right now the height is 45 ft. Vice Mayor Olenik asked, "How are we poised if we were to recommend this now, where it hasn't been brought up, except at discussion point in Planning and Zoning? It wasn't a part of the original documents that we saw. Are we still giving enough public notice to these people that may be -20- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 affected? Are we at the eleventh hour asking to change something? We have given them notice of the Comprehensive Plan. I suspect we're probably in compliance with the regulations." Mr. Annunziato remarked that they wouldn't be in violation of the law. The plan that they adopt in November is the Comprehensive Plan. Everything after that point is in process. Mayor Moore said he would like to take the first step, which wouldn't really mean anything unless the people at a referendum would pass the height issue. That way the City would be prepared to go forward and if it doesn't pass then it's not really going to mean anything. The Commissioners agreed. Mr. Annunziato reiterated for the sake of clarity, that following the recommendation of the Board, they would create a Mixed Use Land Use District. They will have to assign intensities to it and implement it by creating a Zoning District with the specifications of two acres, etc. Mayor Moore said just the way it was recommended but it's not under the Downtown Development Authority. Mr. Annunziato said it would be within the 45 ft. right now. Vice Mayor Olenik remarked that if there are two acres of land that are adjacent to each other that can be assembled today, next to some R-1 single-family homes, they can put in a condominium up to 45 ft. It could have up to 80 units though, if that were possible. Discussion took place as to ~hether that would be possible or not. The Vice Mayor agreed that they need to do something in this area, but he asked if doing it at the expense of the R-lA homeowners in that area the right thing, especially at the eleventh hour without really any possible prior knowledge of this. Mr. Dan Richter from the Planning and Zoning Board commented that he thought they should consider in the R-1 category, What the minimum square footage per lot is, and the size of the homes. R-1 sounds nice, but it's R-lA and R-1AA. It expands the size of the house as your category increases. The zoning laws that are still on the books take effect as far as units and size per square footage. Vice Mayor Olenik asked if there would be a minimum size unit in a condominium in the MX District? Mr. Annunziato answered that would have to be determined. You don't have development regulations yet. Before June 1, 1990 we would -21- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 have to have had approved a Mixed Use zoning category and in that you would have to list permitted uses, lot sizes, setbacks and unit sizes. You might want to have expanding setbacks as you go up. By then you might know something about height. Commissioner Weiner remarked that this is a whole new category. Would it be possible to get sub-standard size units? Mr. Annunziato answered, "Not unless the Commission approved them." Mayor Moore said Mr. Annunziato was talking about a philosophical district with certain basic para- meters. Mr. Annunziato has to come back to the Commission with specific limitations. At that point in time they would determine square footage requirements and whatever else. They have to create a whole new zoning district. Those are the outside parameters. There was agreement among the Commissioners. Mr. Cannon moved on to the next two comments on page 49 - 1st paragraph and page 109 - "Special High Density Residential"; also, Coastal Management Element, pages 76-77, Table 24 and page 49, 1st paragraph; also, Coastal Management Element, pages 76 and 77, Table 24. Mr. Cannon referred to several areas that the Board had delineated along N. Federal Highway. The areas are the residential Lreas north of Shooters, the R-3 property along the west side of the F.E.C. tracks and wedged between northeast 4th St. and the F.E.C. tracks. There is another residential area extending from the Boynton Canal up to the city's Boat Club Park. The Board is recommending that those three areas be designated as Special High Density Residential and that %hat be defined as a maximum of 20 dwellings per acre. There is also a recommendation that went along with that %hat the maximum height in the coastal area for these areas be increased to 5 stories. The Commission reminded Er. Cannon that they weren't addressing any height issues at %his point. Commissioner Weiner asked what the Planning Dept. recommended. Mr. Cannon responded that the Planning Dept. really didn't have a position at this point. They had ~ecommended that it stay the same. They looked at the par- cels on more of a microscopic level, specific vacant parcels and what they might be used for. Vice Mayor Olenik was concerned with single-family home areas such as Las Palmas and Lakeside. We're going to go in and change it from R-1AA to 20 units per acre? He won- ~ered if they would be doing too much. He realized that there are some undeveloped parcels in there but he was leary about changing the zoning on already developed single-family residential neighborhoods. -22- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mr. Cannon remarked that he thought the Board saw the main potential for redevelopment in the single-family area that's at the northern City limits. There is an R-1AA zoning district there and an R-3 zoning district. A map was referred to and discussion took place. Vice Mayor Olenik referred to the Coastal Management Area and the area adja- cent to the dry storage facility. Mr. Annunziato injected that the Coastal Management Element said that it recognizes the problems that Mr. Smith has. The Coastal Management Element says that if you combine the two vacant parcels, it can at that point be construed to be commercial and come in as a Planned Commercial Development for a marina. South of that, you can combine the lots along the north side of Potter or Dimick and build attached two-story townhouses. South of there it remains single family. It phases in intensity from north to south. That is one alternative. Mayor Moore asked about west of the F.E.C., the area that is basically undeveloped south of Dr. Russo's. Mr. Annunziato responded that they looked at the Coastal Management Element and the water-dependent, water-related nature of the Element. That is one of the things that the State said we had to pay attention to. There is no end to the amount of acreage you can devote to it as boat storage. It was recom- mended that some of the vacant parcels east of 4th come in as a PCD. A PCD could have ground storage for boats. The PCD would require that a Master Plan be submitted, at Which time the Commission and the Planning and Zoning Board Would have to evaluate the nature of the plan and it's rela- %ionship to the surrounding areas. Mr. Annunziato remarked that the way we submitted it ini- tially addresses better the water-related, water-dependent needs. He didn't know if that was inconsistent with what the Board was recommending. Commissioner Wische asked Mr. Annunziato, "The last plan you recommended or suggested or gave us, with the townhouses, was that your stand more or less?" Mr. Annunziato responded, "That was the recommen- dation of the Coastal Management Element." The Commission decided to go along with this. Mr. Cannon remarked that the whole issue of height is not so much an issue related to the Comprehensive Plan for residen- tial uses, since you have the density there that fixes the intensity. The State is going to be interested in the city -23- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 fixing the intensity of use. As long as you have a density in the residential areas, you don't need to address the height. Where the height is going to affect the intensity of use is in the commercial areas. Right now, because of that, we have a maximum of 4 stories specified as a height in the commercial land use category. So if the Commission wants to increase the height, they should address it in the Comprehensive Plan. Mr. cannon suggested that the Commission direct it's atten- tion to the bottom of page 6 of the backup where three ~ecommendations from the Planning and Zoning Board are Listed. The Commission reminded Mr. Cannon again, that they weren't going to accept any recommendations related to height. It's a referendum issue. They wanted to defer it Until they determine whether they're going to put it on a ~eferendum and when. Discussion resumed relative to page 3 of the backup ~aterial, relating to comments on page 64, Area 1.n. This ~efers to the mangrove hammock behind McDonald's. The Board ~elt that since this is mangrove there's no point in putting it in the Special High Density category. The Commission agreed. Mr. Cannon explained the comments on page 70, Area 2.f., ~elating to the old sewer plant site being used as a staging area for housing rehabilitation programs. It would be used as a possible site for storage of materials and equipment. Mr. Annunziato remarked that this is probably not a Comp. plan issue. It has more to do with how you want to use your property. The question was raised as to whether we wanted to restrict ourselves in the Comp. Plan on how this was to be used. Mr. Cheney remarked that it should be for public Use. Further discussion took place relative to public use and the Commission agreed to delete this comment. Discussion moved on to comments on pages 72-76, Planning Area 3. This refers to what the Board's recommendations ~ave been on the Community Redevelopment Plan. ~r. Annunziato remarked that several months ago the Board's ecommendation had been transmitted to the Commission. It Was amended in several areas. One amendment concerned ex- panding Poinsetta Elementary School northward and things ~ike that. The list itself was lengthy. Vice Mayor Olenik Was not convinced that the city would want to tie in to it's Comp. Plan, the specifics of a Community Redevelopment Plan. Mr. Annunziato responded that as a beginning point in the Comprehensive Plan for redevelopment, what they did was take -24- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1!, 1989 the recommendations in the redevelopment plan and superim- pose it over the Comp. Plan as a basis for discussion. If that is not what the Commission wants, then staff needs to be aware of it. The Vice Mayor noted that this Commission never adopted the expanded Redevelopment Plan. Mr. Annunziato realized that but remarked that they had to have something to start with; that was the evolving public policy. Mr. Cheney asked what the Planning and Zoning Board had done ~elative to this area? Mr. Annunziato responded that they forwarded a lengthy recommendation. He was unable to sum- marize the recommendation as it was 6 or 7 pages long. Mayor Moore wanted to know if they could include that it was anticipated that we would end up with a Community Redevelopment Plan, the way it says there, subject to final ~PProval of the Commission? Mr. Annunziato said the problem With that was that the Redevelopment Plan has land use Changes. You would actually be amending your Land Use Plan, ~he map. Commissioner Wische asked what the bottom line was. What was being asked of the Commission right now? Mr. Annunziato responded that the recommendation was that they adopt the planning and Zoning Board's lengthy recommendation. Ar. Cheney asked if the Planning and Zoning Board's recom- mendation was consistent with the proposed Redevelopment Plan or was it significantly different? Mr. Annunziato &nswered that it was substantially the same as the proposed Redevelopment Plan with the following exceptions. The first one concerns the canal right-of-way between Seacrest and the F.E.C. on the south side. They referred to a map. Mr. Annunziato read, "Improvements to this site shall be made after considering the need for this canal right-of-way for spoil purposes." He explained that when ~hey dig a ditch out, they put the earth there. The next amendment is that the public and private govern- mental institutional land use should be extended northward and southward to Poinsetta Elementary from one-half block north 6f 10th Ave. N.W., north to the Boynton Canal, from Seacrest to 1st. This would mean putting it in a zoning classifica- tion where it couldn't be used for anything but governmental purposes. Mayor Moore said this was inverse condemnation. Mr. Annunziato added, "That's if the School Board agrees to purchase these properties." He referred to the map letter "M" and explained the boundaries. It is the same as the Boynton Beach Blvd. Urban Design Plan. Mr. Annunziato -25- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 referred to map letter "N" which is the one-half block south of where the Post office is and noted that the Board wants to change it from low density residential to office and pro- fessional commercial. The original plan recommended retail. Mr. Cheney asked what did the Planning and Zoning Board do across from City Hall on the north side of Boynton Beach Blvd. up to 4th Ave.? Mr. Annunziato responded that the Board accepted the recommendation that it be local retail. Vice Mayor Olenik noted that the recommendation of the con- sultant was that a shopping center go across from City Hall. Mr. Annunziato stated that there is a restriction in there as the parcels are combined. There is a definitive area, between Boynton Beach Blvd., Seacrest and 4th Ave. You Couldn't have this developed piece meal. The problem with ~his recommendation is that it's probably not implementable at this point. If someone gained ownership of the rest of it, they could probably develop around it. There are a lot ~f fast-food restaurants that are in out-parcel shopping centers. North of 4th Ave. high density residential is ~ecommended, or apartments. Mr. Cheney remarked that in ~hat whole area there is a lot of small, single-family, low- priced housing that has been there a long time. Under this plan this would disappear, assuming it can be acquired. Vice Mayor Olenik mentioned that the parcel across from City Hall still bothered him. This will be C-3 as opposed to ~-1. Mayor Moore asked if it was big enough to put a Shopping center, realistically? The Vice Mayor stated that he didn't want to approve the CRA plan through the "back door." Mayor Moore asked if Mr. Annunziato had any input on What the ultimate use of the Baptist Church would be? Mr. Annunziato answered that they had a recommendation in the 1986 plan that if they combine it with the properties to %he rear, they could redevelop the whole thing as an office building. They could either raze the building and start over or use the building for offices and then park behind ~t. The problem would be the parking. Mr. Annunziato com- mented that he thought it might be short selling Boynton Beach Blvd. to put a shopping center across from City Hall. Relative to the shopping center recommendation, north of City Hall, Mr. Jordan Lowe advised the Commission that they had interviewed several developers that had expressed ~nterest in that parcel. They would design a shopping center to standards that would complement the other plans for the Boynton Beach Blvd. beautification and the new City Hall design. He stated that it is a general feeling that there is enough market demand there to go the extra length -26- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 and come up with a design plan that would satisfy the City as opposed to just putting in an ocean of asphalt and a Winn- Dixie. Mr. Annunziato said there was another aspect to this. They had recently been meeting with the owners of the Winn-Dixie Shopping Center, which is about 6 acres. They are pretty positive that they are going to go through and remodel it. The big problem with that shopping center and what makes this other site attractive is that Winn-Dixie wants to betain a presence. The problem with their current location is that the store isn't big enough. These people want to retain the shopping center and retain Winn-Dixie. Their initial plans suggest that they are going to do something on ~heir site to retain Winn-Dixie. Mr. Lowe commented that if ~hey upgraded the Federal Hwy. shopping center and kept Winn- Dixie there, their analysis of retail demand had indicated ~hat that area eventually would support two centers. Mr. Cheney was concerned about this site and remarked that if it were comparable to the Oakwood Square Shopping Center ~p on PGA Blvd., it would be very attractive. It has high quality design and landscaping. There are a lot of other ~etail shopping centers that do not reach that level. ~ince Vice Mayor Olenik was concerned about not rushing into this, Mayor Moore asked if the Commission could defer this? Mr. Annunziato said the do nothing alternative leaves you With what you have. The safest alternative, if you're ~nterested in the opportunity for change in the future would probably be to put it in an office and professional land use ~ategory, C-l, hoping that somebody would come along and 'Itake a shot" at putting offices north of City Hall. If you did that, however, Mr. Annunziato would recommend that they ~educe the geographic limits that were shown in the plan because 8 acres of office is a lot of office. Discussion took place relative to the boundaries, density and the Separation between the commercial and the high density. Commissioner Weiner remarked that they had all wanted a very ~pscale professional office center there but she wondered how much commercial development they would get there. With Quantum Park going in, are we really going to get all %his? We don't know the answer. Er. Annunziato said there was a problem with making it Office and that was that the uses that are there become non- Conforming. That could be very uncomfortable for the City for a period of time. -27- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Mayor Moore asked if the Commission wished to defer this. Commissioner Weiner said she didn't want it to have any impact, but she asked what would it do to our redevelopment plan? Would you just put it on hold again and still not have a plan? Mr. Annunziato answered that the redevelopment plan works to a large part, according to how much money the City wants to spend. Mr. Cheney noted that after you adopt the Comp. Plan you have to go back and adopt the redevelop- ment plan. Commissioner Weiner stated that one reason we got into this idea of the shopping center was because we were trying to get some T.I.F. money and freeze the tax base there. That shopping center would come in and would be the basis of a nice change so that we could begin to redevelop that blighted area. We want to build some new housing in there, upgrade the area and stop the spread of blight, but it's a question of money. Mr. Cheney stated that the quan- tity of money you're going to get out of that and T.I.F. in the next five years is minor and it's zero if the shopping center on that location is not feasible. Mr. Cheney stated that they need to decide which they prefer at that corner, and then go with that. With either one it's questionable as to when it's going to develop and whether the market is there or not. Mayor Moore's observation was that if you leave it as a Shopping center, then somebody could always drop back and put a professional office building there. Further discussion took place. For the sake of clarification, Mr. Annunziato stated that ~he Commission had decided to leave the recommendation as local retail and provide the opportunity for a shopping denter and it would require assemblage. This would go to 4th. The next key issue would be do you want to go from 4th to ~th with the R-37 Further discussion took place. Vice Mayor Olenik remarked that they would have R-3 up to 4th. From 4th to 6th you've got R-2 and then you go back to R-3 on 6tho Is this inconsistent? He was real uncomfort- 9ble about making recommendations in the Comprehensive Plan now that are ultimatly going to decide our CRA Plan. The iast time they talked about the CRA Plan they said they were ~oing to meet with members of the community because they were unhappy. Here, all of a sudden we're going to decide this thing and there's nobody in the audience. He wasn't Sure he wanted to face that. There are people like Reverend Davis and others who said they want to talk before the -28- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Commission decides on a CRA Plan. He felt like they were qoing through the "back door" and might make some people Potentially very unhappy and scared. Commissioner Hester remarked that he didn't think they would be unhappy if they saw something good coming into the area. He thought if a shopping center came in, it would make a lot of people happy. The people would get more money for their Property because there would be commercial potential. He was just concerned that the people have somewhere to go. ~ice Mayor Olenik remarked that these people may not necessarily want to leave the area. He further stated that if the Commission accepts the recommendations of the Planning and Zoning Board relative to the CRA plan, they are ~pproving the original CRA plan plus any changes they are making to it. He was not prepared to do this. Mr. Cheney noted that you could do nothing to that area and ]~eave it as it is. You could change that in one of the bi- annual rezoning processes in the future, after you've done more study and after you've met with the neighborhood. Mr. Cheney felt that the Boynton Beach Blvd. changes ~hould be made at this point. The Commission agreed to delete the redevelopment plan ~ecommendations except for Boynton Beach Blvd., west of ~eacrest. Mr. Annunziato noted that it was necessary to return to the ~opic of the Mixed Use District. The intensities of de- Velopment that are being recommended at this point would be greater than what would be allowed in the CBD. Mr. Cheney ~emarked that would mean amending the CBD. Mr. Annunziato qommented that they had used the terms Mixed Use and Central Business District to mean the same thing. The idea behind it was that that intensity was desired, including in the BD. So they had translated that into saying the CBD was xtended northward. If you split out the area north of the ?BD and give it that intensity, it's going to be more ~ntense than the CBD. Mayor Moore remarked that what they ~aid was that they wanted the CBD to be considered the same ~ntens~ty. He asked Mr. Annunziato if that would cause a 9roblem? Mr. Annunziato answered negatively, but stated it ~ould mean that the whole area would be a Mixed Use Qistrict. It won't be CBD, or it's all going to be CBD and mot Mixed Use. Discussion took place. ~ice Mayor Olenik asked what is the intensity of use in the ~BD right now? Mr. Cannon responded that they allow Mixed -29- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 Use, with up to 10.8 units per acre. It might make sense north of the CBD, to also allow 40 units per acre within the CBD. Mr. Cheney remarked that you would normally think that the CBD would be a higher intensity area, otherwise it's not going to redevelop before the others do. Vice Mayor Olenik stated that if we develop the CBD as com- mercial uses, we would not deal with units per acre. That's only in residential. Mr. Cannon responded that you need to specify the intensity of development. Further discussion took place. Vice Mayor Olenik asked in our C-1 zoning Classification, do we have units per acre? Mr. Cannon stated that we have a maximum lot coverage and we have a maximum height. With those two parameters you fix the intensity of use. You have to do that in the Comprehensive Plan. Mr. Cannon noted that it might make sense to have the same residential density in both the CBD and the area north of it. There was agreement. Since this meeting was approaching it's conclusion, Commissioner Wische stated there was one final item that he wished to discuss, relative to the piece of property on Congress Ave. at 22nd. Originally it was supposed to be for recreational. Then Post Landing and Mahogany Bay came in and they put in their own recreational facilities. This is still recreational. He understood American Homes wished to Change it to C-3. He saw no further use for recreation there, since everything else is C-3 in that area. Mayor Moore asked if there had been a split recommendation on this? ~lr. Annunziato remarked that the applicant withdrew his position. There was no recommendation to change it at this time from the Board. What the applicant was going to do was come back in October and file an application. Commissioner Wische said that was not his understanding. He thought they wanted it put into the Comp. Plan. Mr. Annunziato explained what the boundaries were when Rite-Co annexed the property into the City. The entire prop- erty was one P.U.D., an approximate 1260 units. Rite-Co Started to build. The grandmother died and they needed to sell the property for estate taxes. What they thought they were selling to Ocean Properties was that corner. They found out just before closing that in fact they were selling a different piece. The original P.U.D. had recreational at the corner. This recreational amenity was to serve the entire P.U.D. Because these properties sold off independ- ently, they developed their own recreation consistent with the subdivision regulation. There were two purchasers. Mr. Annunziato wasn't sure of the exact name, but he -30- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 believed that one of the purchasers was J & R Co. The other purchaser was Walsh. They closed out the day that Walsh bought his property from Rite-Co. A third party came in and bought the residential property to the rear. Walsh went through a rezoning request. The property up front was rezoned commercial and the density underneath that property, of approximately 211 units, was removed from the P.U.D, leaving something like approximately 530 units remaining for the entire property. In the interim, the people sold the corner piece to American Development, in violation of the Master Plan and probably in violation of the subdivision regulations. Then last summer Ocean Properties with Gerulaitis came in and said they wanted to build a tennis center with rental homes but they needed 450 units. We still had the Master Plan in place because when this prop- ~rty was rezoned there was a new P.U.D. created for the remainder of the property including Post Landing and Mahogany Bay. The only way to deal with the problem with ~he Gerulaitis tennis center was to look at the phasing plan and then allocate the remaining density from the P.U.D. over the entire area, because this area would no longer serve the recreational purposes of the entire P.U.D. The property that these people owned was allocated to something like 380 units but they needed 450. American Development gave it's units away. They acknowledged that those units were no longer theirs and they went through a Master Plan amendment process. This property owner acknowledged in writing that Only about 70 units remained on the property. Now Alan Ciklin comes in representing the property owner and says they would like it to be shown as commercial on the plan. Mr. Annunziato stated they would be double using the land. They used it for density and units and the request was for intensity and commercial. Mr. Annunziato stated that what makes it tougher is that even to rezone the corner piece, you still have to create a new P.U.D., including all the residential property because you can't just take out a piece from the P.U.D. You have to create a new P.U.D. based on a new Master Plan. The City cannot do that. The property owner can. Mr. Annunziato's recommendation at the Board meeting was that they should come back with two rezoning applications in October, one of which would amend the Land Use Element of the Comprehensive Plan to show the corner piece as commercial. At that point they would have to address all of the impact issues, including traffic which may be difficult. Mr. Annunziato stated that if we show the property as commercial, we would be put in a position to show cause why it should not be zoned commercial. We would be making a policy statement. -31- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 11, 1989 He didn't think we could implement that policy because we couldn't go back and create a new P.U.D. in the Master Plan with residential properties. The Planning and Zoning Board made no recommendations as the application was withdrawn. Mr. Annunziato said that there was no recommendation other than what was shown on the plan now, P.U.D. Mr. Dan Richter from the Planning and Zoning Board offered some brief comments relative to the Board's review of this application. Prior to the conclusion of the meeting Mr. Annunziato ~emarked that on the CBD issue, he thought it was the intent Of the Board, after his conversation with Mr. Richter, to include these intensities that were in the Mixed Use, south. The Commission agreed that was what was decided. The Commission decided to meet again to further discuss the Comprehensive Plan on Monday, May 15, 1989 at 6:00 P.M. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjou at 9:15 P.M. CITY ATTEST: Mayor Commissione~ Commissioner Recording Secretary (Four Tapes) Commissioner -32-