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Minutes 07-05-84SPECIAL MEETING OF THE CITY COUNCIL ON PUBLIC HEARING OF THE COMe. UNITY REDEVELOPF~NT AGENCY'S PLAN, HELD IN CHAMBERS, BOYNTON BEACH, FLORIDA, ON THURSDAY, JULY 5, 1984 AT 7:30 P. M. PRESENT: Mayor Carl Zimmerman Vice Mayor Robert Ferrell Councilman Nick Cassandra Councilman James R. Warnke Peter L. Cheney, City Manager Betty S. Boroni, City Clerk William P. Doney, Assistant City Attorney Mayor Zimmerman called the meeting to order at 7:30 P. M. On May 11, 1984, the Community Redevelopment Agency turned over to the City Council a plan for the downtown redevelopment. Since then, the Community Redevelopment Agency (CRA) has held a Workshop and the Chamber of Commerce, in conjunction with the CRA, held a seminar. Mayor Zimmerman further recalled that the Planninq and Zoning Board also held a public hearing on the plan. Mayor Zimmerman said changes have been made on the plan as recommendations were made by the Council and the CRA. Tonight they were to have a public hearing on the pros and cons of the plan. If and when they adopt the plan, Mayor Zimmerman said a Central Business District Zoning Ordinance will have to be drawn up by the CRA based on the plan, if any, that will be adopted. City Manager Cheney explained that the plan includes the changes from the original proposal of Urban Design's Consultants. Urban Design Studio prepared a bound book with their suggestions on the Community Redevelopment Plan. Subse- quent to that, the Planning and Zoning Board reviewed that document. What was before the Council tonight was that docu- ment amended by actions of the CRA. J. Michael Haygood, Attorney for the Community Redevelopment Aqency, recalled that most of the changes were made specifi- cally to the development regulatiOn procedures. He referred to page G-30 and said he thought there was some concern about a review process. Attorney Haygood said the plan proposes to use a review body much on the lines that the City presently has in the Community Appearance Board for site plan approval. There were some suggestions in the plan as to the establish- ment of a Review Board to be composed of certain members from MINUTES - SPECIAL CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA JULY 5, 19~4 existing Boards, such as the Planning and Zoning Board, the Community Appearance Board, a~d either representatives or appointees from the actual CRA itself. Attorney Haygood said the RevJew Board would sit to review site plans and to make sure t~ey are consistent with what the Agency is going to develop as landscaping, etc. He thought those that are currently exerc Board and to a limited extent Zoning Board. This Board's du town area of the redevelopment far as development guidelines, most of the powers could be ised by the Community Appearance exercised by the Planning and ties would only be in the down- area itself. If Attorney Haygood was not mi to the language in the plan relating to the height limits in excess of the City's current limitation of four stories. That was amended by the CRA to be no more than four stories. ~taken, there was another change Attorney Haygood believed thos9 were the major chanqes th were made to the lan M ' . _ at =~ ..... P .~. ~ayor $1mmerman explained that the u%u not nee~ a lengthy ~scussiOn on this, but he thought i~ m~qht be good to bring it up-to-date for the public who have not been following this. - Attorney Haygood added that th makeup of the Board.that would not really been defined yet. addressed in the Central Busine Attorney Haygood thought the ge have a cross section of individ discussion concerning the sit as an Advisory Board has e thought that would be ss District (CBD) Ordinance. neral philosophy would be to uals from different Boards that currently sit in on a review prDcess and have them sit again on a Special Review Board for the downtown area. He thought they should also follow the CitF's current process of only taking appeals to the City Council of projects that are over $100,000. Attorney Haygood thought reviews by the Planning and Zoning Board are limited to those projects over $100,000. Attorney Haygood pointed out that rather than tying up a small renovation in the downtown area of less than $100,000 by having it go through the process, the Review Board would sit solely to review it, unless there is an appeal. - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 Mr. Stormet C. Norem, President, Greater Boynton Beach Chamber of Commerce read the following statement: "My name is Stormet C. Norem. I reside at 4562 Glen- eagles Drive, Boynton Beach. I am here this evening speaking as President of the Greater Boynton Beach Chamber of Commerce with the approval and authority of its Board of Directors. The Boyn~on Beach Chamber of Commerce is in full support of the general concepts and ideas expressed in the Boynton Beach Community Redevelopment Plan. The Board of Directors know that the visual exhibits are but one suggestion of how the ideas and concepts could be carried out and, therefore, cannot be con- sidered as fixed or frozen plans. What the redevelopment area will finally look like will be determined by the imagination of private sector architects, designers, and developers operating within the general concepts expressed in the plan and in the Central Business District ordinance still to be drawn. The building of the new Intracoastal bridge on Boynton Beach Boulevard and the closing of the East Ocean Avenue bridge coupled with the extensive City Government Complex as a protruding western arm to the Central Business District will create a new traffic pattern that needs to be carefully planned. Ocean Avenue should play an. important role in this pattern. The BeaUtification Committee of the Chamber has great interest in and supports the idea of the pedestrian and streetscape program idea. However, experience has shown that programs designed to eliminate visual pollution and enhance the beauty of the area through landscaping only work when a system of upkeep is built into the plan. The system must provide not only suggestions of types of plantings but designa- tion of responsibility and method of funding. Unless the funding and responsibility is set forth, the success of the program will be lost. Many years of thought, effort, studies, and~dls- cussion have finally been brought together through the Community Redevelopment Agency with the help of the City Council, City Boards, Commissions, and Departments, the Chamber of Commerce, and many indivi- dual property owners and individuals. The process of study, proposal, public hearing, review, and recommendation by the CRA has been going on for over. two and a half years. The Chamber of Commerce believes this has provided more than adequate time for all who wish to have input into the plan." - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 "Therefore, the Greater Boynton Beach Chamber of Commerce respectfully requests this City-Council to expedite the approval of the Community Redevelopment Plan and to provide all effort necessary to the completion of the necessary ordinances-to implement the plan." Mayor Zimmerman thanked the Chamber of Commerce for their efforts and for the seminar they had. He asked if anyone else wished to speak in favor of the plan. Samuel F. Scheiner, Vice Chairman of the Community Redevelopment Agency, 528 S. E. 27th Terrace, has been a resident of Boynton Beach for about five years. When he first came into the downtown area, Mr. Scheiner was disturbed that there was so much concrete and nothing green around the downtown area. As he looked around, he realized the downtown area has been deteriorating for a number of years. Mr. Scheiner said anything they can do to stimulate the rebuilding of the downtown area will be a positive step to the whole community. Mr. Scheiner said because of satellite shopping areas, people are being driven out of the city. He thought the plan the CRA presented was a step in the right direction. Mr. Scheiner thought it would take a number of years to complete the plan. If they do not act now, every year they delay will make the problem that much more difficult. Mr. Scheiner said people will actually develop certain areas for their own economic reasons without the overall picture of improving the overall downtown area. In order to make a viable downtown area, Mr. Scheiner reiterated that they have to get people walking the streets. The streets have to be alive. There are a number of fine areas in the down- town a~rea that can be developed, and Mr. Scheiner said at least they can bring the people that live in the downtown area to the downtown area to do their shopping. One reason Mr. Scheiner opposed a number of projects that were submitted to the Council recently was because they stressed parking around their build- ings and in front of their buildings without having any regard for people who would like to walk. Mr. Scheiner hoped the City Council would accept the plan so that the Community Redevelopment Agency could get started as it would be the best thing for the developers who come in and for the City to help create a downtown area. Hank Thompson, Chairman of the Community Redevelopment Agency, lives in Ocean Ridge and was one of the people from Ocean Ridge that signed the petition to get the bridge at the proper location. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 Chairman Thompson expressed that he thought what was proposed was something exciting and, if carried on, would do a tremendous amount of good for the downtown area. He added that they have investors and speculators ready and willing to do the six or seven major projects that the CRA has in mind. They may not be perfectly matched in plan, 'but Chairman Thompson thought if the plan was left intact and they were allowed to progress, they would be about 90% successful in what they aimed for. Chairman Thompson 'referred to the Executive Director from Bradenton that spoke here several months ago. Bradenton now has 15 projects going, and Chairman Thompson said the CRA hopes to match that. The Agency's work will go on after the Council approves the plan, and the Council may change the plan. Whatever the Council does, the Agency will accept and carry on. Chairman Thompson did not feel the downtown area had a "fair shake'~ but now they are doing what they should be doing. He reminded the Council that they appointed the Agency and decided they wanted to take this action. Chairman Thompson stated he was speaking in favor of the plan. Mayor 'Zimmerman asked if anyone else wished to speak in favor of the plan. Mrs. Virginia W. Foot, 2400 S. W. lst-Street, has had a business in downtown Boynton Beach for the past three years known as "The Art of Framing". She stated she is proud to be in downtown Boynton Beach and would not choose to move to land in the shopping centers out west. Mrs. Foot was delighted with the plan and delighted that downtown Boynton Beach is going to be helped. She said she just signed a new lease because she sees great things in store for downtown Boynton Beach. Mrs. Foot was grateful as a retailer for what the Agency is doing. Mayor Zimmerman asked Mrs. Foot if she thought the public had heard enough about the plan and that it had been out before the public long enough for everybody to know what is going on. Mrs. Foot thought so. She attended meetings before and felt comfortable with what she knew about it. Mrs. Foot is on East Ocean but did not want the bridge to be redone there. She was delighted with the location of the bridge. Mayor Zimmerman asked if anyone had questions or objections to the plan. Simon Ryder, Chairman of the Planning and Zoning Board, pointed out that along the way, it was the duty of the Planning and Zoning Board to hold a hearing with regard to the plan, not to consider its adoption or make any indication of approval. Mr. Ryder said the Planning and Zoning Board was to determine whether - 5 - MINUTES - SPECIAL CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JULY 5, 1984 the plan was consistent with the Comprehensive Land Use Plan. At that time, the Board found, with a few rare exceptions, that it was and gave its approval with that regard. When the Comprehensive Plan was adopted about six or seven years ago, Chairman Ryder said at that time reference was made to the fact that the downtown area was in need of rehabilitation. Hopefully, at this time, Mr. Ryder said something will be done to move in that direction. As no one else wished to speak on any part of the plan, Mayor Zimmerman announced that THE PUBLIC HEARING WAS CLOSED at 7:55 P.M. He asked if the City Council had questions. In the past, Councilman Warnke had several reservations and many questions about the CRA. With the new financing plan and the plan in front of the Council, Councilman Warnke thought it was time to get this moving. If they do not do it now, Councilman Warnke warned they would see downtown Boynton go "further down the drain". He wished to go on record as being in full support of what the CRA is doing at the present time. Councilman Cassandra had questions which he thought Urban Design Studio should consider and which should be addressed when they prepare the CBD Ordinance. Councilman Cassandra noted the map shows vacant land and duplex as the same code and thought it would help to know which is vacant land and which is duplex. He expressed that was minor. Councilman Cassandra referred to the recommendation that all the utility service for the downtown area be underground. He asked if it will be paid by TIF funds or by the City. When they do the CBD, Councilman Cassandra said they are recommending in the re~oning that all areas in .the downtown area be in a special CBD zone. He asked what happens to the present zones the City has and wondered if they will be grand- fathered in. Councilman Cassandra thought the CBD had to address the people who are there who want to "pretty up" their places and asked how that would fall under the new CBD zoning. Attorney Haygood .answered that as far as grandfathering, naturally, those businesses existing prior to the enactment of the Ordinance will be grandfathered in. They would probably have to tie in close with the grandfather clause now as far as the specifics, but Attorney Haygood thought anyone owning property at that point and time would still have valid zoning. Attorney Haygood thought the zoning concept would be for mixed use of both residential and commercial use. Councilman Cassandra thought the downtown business people would llke to know that they are not going to be affected by the zoning. City Manager Cheney added that it is like any rezoning. - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 Any time the City does rezoning, there are non-conforming uses that remain. Councilman Cassandra referred to the water cove area with the Department of Environmental Requlations' (DER's) approval and asked if there will be a limit on monies spent in that effort. He thought this should be considered because monies are tight. Councilman Cassandra asked what the Agency's thinking will be when they meet again as to the approach. Councilman Cassandra noted that they also ask that the City staff conduct periodic on-site inspections and said this will come out of ad valorem taxes for City staff. He asked if this would be the City staff's time or should they charge the CRA. Councilman Cassandra clarified, ,Who pays for the City staff helping the CRA?" Councilman Cassandra called attention to the moratorium and asked if the CRA wants an immediate release of the moratorium when the Council approves the plan or if they want to wait until the CBD is approved. He thought that should be addressed so they will know if they have to extend the moratorium. Chairman Thompson replied that this would have to wait until passage of the CBD Ordinance. Otherwise, they will not have any control. Councilman Cassandra referred to page E-I, "Environment/Identity," paragraph "3)" and said that must have been an oversight and, in his opinion, it must be taken out. The paragraph says .',to allow a 7 to 10 story visual landmark". City Manager Cheney said it was taken out by action of the Community Redevelopment Agency. Councilman Cassandra said six women were soliciting in front of the Pink Poodle on U. S. 1. That is in the downtown redevelopment area. City Manager Cheney answered that this is a non-conforming use and will be protected like all businesses in the downtown. However, the outdoor soliciting is not protected. Councilman Cassandra continued that he would like to get the Chamber of Commerce further involved trying to get financing, like they did for the turnpike entrance. He thought they could help out in C.R.A. funding. Councilman Cassandra had questions about having a DRB Board which would have comparable powers to the Community Appearance Board and other City Boards. It seemed to him that we have to be consistent in all of Boynton Beach if we are to have any Code. Councilman Cassandra did not know if he would be in favor of a DRB Board. He said the City now has a Community Appearance Board and a Landscape Code which says what the City's landscaping should be. Councilman Cassandra thought Mr. Scheiner had strongly spoke on landscaping for downtown, but he did not think we could have two separate types of rules. - 7 - MINUTEs _ SPECIAL CITy COUNCIL BOYNTON BEACH, FLORIDA JULy 5, 1984 Attorney Hayqood · by the Cit .... e~Plalned t a ~ . ~-~uun ' h t f~ ~rdlnance ~ ~hat would ~_~evzew Board City,s ~n~nce that+J~pance will i~=Jave control the~ ~,,~aL lan~-- ~'~ CBD Order__ .~uuress lan~-- ~ver the i°nsein-gules "~ P"iLOSohh .... j"= ~Oard m .... -,, uther ~"~ behind the ~ ¥~ De one th tions that may Ofar as landsc=n~._ ~er from the City~e will be Was COncerned ab . urdina-- ~e suggeSte~ ~=_?ut the C/t,, ~_~'~,. etc Councilman CasseXisting noard s~_ ~? =nat ma,,be ~- 3 having ~ . ~,uu~ b~ ~- = one Ch~_ ~us wi+~ andre zevlew. . = une of the Mem~f~a~n~of, the cj~~ar~_~le powers. ~ nne dow~._ ~Y ApPeara c --~uwn ~eVelopmen~ e Councilman Cassandra Stressed t between the Cit ~Ointed o~+ ~,- ? Boards ~ =,_ hat COmmu~; ~iffer~ chat the ~,,=i"~ the downt ..... "~nlon Was ~"~ rrom t~ 7¥~u~Lmnes for t~n ~oard. Chai~*=cessary o ..... "= guidelines fo~ ~_ne downtown ~rman Thom s of ~,- '"~ ~arnke ~-. _ ' ~oL ct the ~ ~ent is ~.ne Comm,,~ ~upe~ that ~^ ~uy. ~uY aPPearance ~_~gU!delines n · ~z-u Would be en~_!n_the Ordina~_ · ~nce~ by the guidelines estab .. f_~SSandra inf ~Shed for th~ ~ . ~pPearanc~ ~i°-T=u everv~ ~ uOWntown ~_ and ~= ~ noar~ h~ .... ~= unat ~ .... ?~a. Co,~, u/es. no See ,~,A~ the La~_ Y Like ~ .... ""~u research [h;~s~ape Code, ~- ~"~ zOning. ,. · ~ nave ~,~,nne landsca~;~rrerentlv t~J [ne ZOnin~ o~ ~ ~P~ained ~ ? ~ may n~^=-_ *~n in oth~ ~ - uae dow~~ Mr. S~_.~ ~now You ~- _~e to see ~,- ~ ultferen~ ~rOnts of =~ ~u aL1 of t~ ~ when You e~ ~°~Plng dev~ . PropertY-- tees ma .... the do ..... P z'~y°r Zimme~ .... = ,,~ve the Same ]~_~ame an~ th~ PLan is to ~'~ asked Mr. Sck-' ~UScaping. - ~ one Review., ~?ulner if the -- "hoard Consider ~ral ~de.a of the ~ architectural an~ landscape id . the Cit eas or to do that% P~s~ntly has. ~av~ ~eparate Bo~, ~ If ' ' ' ~now how to act Noe is Clear,, t~eB~f~¢ ShOuld VZce Ma~- ' ' ~ ting be for theM~ Ferrell rea~ ~= . _ on the rezo~ounpil to ad~~rmght, th~ ._.. BP ore a ~=~ Separa~ ~ dopt tA~ ~ - ~ ,~' ~ WOUld f~_ ~e CBD n~__ ' ~e asked · **~nce, and -j,,~ng. .Th~ ~i.~°w the ~2_ ?~urney H~ ..... if they ,uoption ~C~uned. Vi .... ~=~on Would ~ -r-=~ as far =~ ~[~a~tOrne H ~y:~ or ordzn ~ ~ ~rrell. cla .~y=u 9pd then Sn=~--~ - Y aygood .... ance w~ . rifled ~ r~ue~y, zeP~led th=~ . ~ not rez~ MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 Vice Mayor Ferrell understood that the D.R.B. would be one board combining some of the functions of different boards. It seemed to him it would require a different board because it would be hard to have the other ones with two sets of rules. Vice Mayor Ferrell asked if the D.R.B. would submit recommendations to the City Council. Councilman Cassandra stated that if the plan is approved, the D.R.B. has to be spelled out. Attorney Haygood advised that they contemplate that it will be addressed in the CBD Ordinance. Councilman Cassandra suggested that they state in the book what the D.R.B. will consist of. Chairman Thompson advised that the Council could make that change. Attorney Haygood added that the Agendy did not discuss this to the full extent. Councilman Cassandra noted that the CRA's meeting would be coming up July 12, and he wondered if they would be discussing the questions raised tonight. He said the Council has a Sewer Board Meeting at the same time that the CRA is holding its meeting so he did not know if any of the Council Members would be there. If there are any other questions, Councilman Cassandra said he will address them to the City Manager so they would get back to the Agency. Councilman Cassandra referred to. the goals and objectives and said he may ask which one is the first one. He was under the impression that the cove was the first project. City Manager Cheney said a lot of what happens will depend on the interests in common. Cnuncilman Cassandra commented that to this date, they have not really been offered the guidelines the CRA has in mind. Mayor Zimmerman summarized that the questions tonight were put to the CRA so if they want to make a recommendation or have any, the Council will be ready 'to hear it. It is up to the Council to make the final decision as to what changes will be made from here on until the plan is finally adopted. Mayor Zimmerman said it would be good if the Council could attend the CRA meeting but, as Councilman Cassandra said, they will not be able to attend the next CRA meeting. Mr. Scheiner wanted~ to see something done immediately. Once the plan is adopted, there are possibilities in the downtown area besides the cove Where the CRA can start showing people what can happen in the downtown area. He was thinking~specifi- cally of the short street from Ocean Avenue to Federal Highway to the railroad, and said they could get started with that the day after the plan is adopted. Mayor Zimmerman felt that the Council realized the CRA was working on a time schedule and is trying to promote the plan quite rapidly. Until the Council passes a plan, the CRA cannot finalize a downtown business district ordinance in its entirety because the ordinance is based upon the plan. - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 Councilman Cassandra asked Assistant Citly Attorney Doney what the next step would be after tonight to expedite this approval. Attorney Doney replied he would get answers to his questions. This is the only ~ublic hearing requiredi The Ordinance would come next If an O ' · . i' _ _ - ~ rdlnance l~ written f~r July 17, Councilman ~assanara said that would be. ~irst reading, and the first meet- ing in August would be the sed°nd reading. City Manager Cheney assumed they would have an Ordinance available ~°r fir'st reading. Councilman Cassandra was wonde~in~ if they could ~et a Workshop in before the Council meeting %o ~.ct on the Ordinance. Attorney Haygood did not see anything t~ prevent the Council~ from considering the changes in the plan. When they get the recommendations from the CRA the night of the meeting that they are iconsidering the Ordinance for first {eading,' if the Counci1 agrees with them, then Attorne~ Haygood ~aid they could ~o ahead and have the first reading. If not., they can just pull ~he Ordinance. ~ Mayor Zimmerman said the minutes would reflect what cha~es ~hey make in the early part of the meeting. The Ordinance w~uld incorporate that. Councilman Cassandra ~ecalled that on the 17th, they have all of the City awards to give. City Manager Cheney added that there are also about There was more discussion about City ~anager Cheney did not thi he did not think the changes th would be so serious that they w Ordinance. He was not sure tha City Manager Cheney explained t would seriously affect Urban De Ordinance. He suggested they f a Workshop, they should try to August 7. City Manager Cheney the Ordinance the 7th of August August 21st. That would give ti changes. ten development plans. a Workshop or. Special ~eeting. nk they would need one because at would be made in the plan ould delay the development of the ~ the Council could not OK this. hat he did not think the changes sign's process of completing the Drget the 17th and if they want ~ave one b~tween July 17 and 2old the Council to plan to read and the second reading would be ~e Council time to make the Mayor Zimmerman determined they would not need an Ordihance for the adoption of the plan until. August. Councilman Warnke told of runnihg into a ~ormer M~ayor who came up with an idea. They said if the city coluld get rid of Morgan Trucking Company and restore the old rail!road building so it would be a museum for the City, it would b!e fantastic. Council- man Warnke thought it was a goo~ idea. Mayor Zimmerman thought it had been looked into many times. Chairman Thompson asked about the questions that were raj Mayor Zimmerman said they will ~e in ~ ~ ..... ~ sed. uneney said a letter would be sent to. Chairman Thomp. so~. Ch~ir- man Thompson said he would like. to have itiprior to.the meetin~ of July 12. Mayor Zimmerman said Councilman Wright should be - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1984 notified and all of the Councilmen should remember if they have any questions, to get them in. ADJOURNMENT The meeting properly adjourned at 8:30 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice' Mayor Councilman f~man ATTEST: ~~/~~P'~ic~' ty C1 erk Transcribed by Patric~Ramseyer, Recording Secretary ~/ Recorded by Sue Kruse~ Deputy City Clerk (One Tape) Councilman - 11 -