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Minutes 05-03-89 MINUTES OF THE SPECIAL CITY COMMISSION MEETING RE COMPREHENSIVE PLAN HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, WEDNESDAY, MAY 3, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor George Hunt, Ezell Hester, Jr., Commissioner Assistant City Manager Lee Wische, Commissioner Carmen Annunziato, ~rline Weiner, Commissioner City Planner Michael Rumpf, Assistant City Planner Sue Kruse, Deputy City Clerk Mayor Moore called the meeting to order at 6:00 P. M. and 4nnounced that this was the second advertised public hearing ~or the revision of the Comprehensive Plan for the City. pUBLIC HEARING: Proposed Comprehensive Plan i 23rd Avenue and Congress Avenue i Group Homes ~ick Cassandra, (Former Mayor) 2554 S. W. 10th Court, ~olfview Harbour, recalled that Mayor Moore made a statement %ast night relating to whether the City Staff through planning; the City Manager's Office; or the Elected fficials make the policies for the City. He stated that they were here five months ago with around 350 names con- ~erned about 23rd Avenue and Congress Avenue, which is the parcel of land on the N. W. and S. W. corners. Mr. assandra said the residents are concerned about group omes. ~t seemed that previous Commissions ha already decided on Some of these issues, but Mr. Cassandra pointed out that five months later, the residents are hearing the same issues Igain. A previous Commission had already decided that group homes would be in R-3 and Commercial areas, and Mr. Cassandra recalled that the Planning and Zoning Board's ~ecommendation had supported this. Mr. Cassandra expressed amazement that it was now back to single family residential Inits, and there seemed to be a concern as to who changed olicy directions. He did not think the Commission did it 9n its own. They may have listened to the City Staff and ~roceeded to analyze the City Staff's comments. Mr. Cassandra again had signatures from homeowners in Golf- v~ew Harbour, who were concerned about group homes. Although MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 petitions were already in the City files, he presented petitions he had secured through one day's efforts. Mr. Cassandra reminded the Commission that he had asked them not to vote until the residents of Golfview Harbour could be contacted. Mr. Cassandra informed the Commission that letters, followed by a questionnaire were sent to the residents of Golfview Harbour. The residents are unanimously against group homes and the development of those two parcels as far as A.C.L.F.s are concerned. Mr. Cassandra said there were 638 single family residential homes, and he did not touch the townhouses and quadraplexes. By law, Mr. Cassandra said the City is not required to have group homes. He urged the Commission to let the law take its path. If the law says the City is required, then all municipalities in Palm Beach County will be required to do their share, not just Boynton Beach. Mr. Cassandra commented that it is nice to be a City that cares, but the residents do not want it to be a City "that is dumped upon." Mr. Cassandra quoted from the Comprehensive Plan of Ocean Ridge: "We are not doing group homes because Boynton Beach has group homes." He emphasized that this has to stop. Mr. Cassandra apprised the Commission that many municipalities around Boynton Beach feel the same way (if Boynton Beach has group homes, they do not need them). He felt that was un- fair. Mr. Cassandra thought Boynton Beach should do its share, and everyone else should also do their share. ~r. Cassandra strongly recommended to the Commission for their consideration that group homes not be considered in the Comprehensive Plan; that they let the Fair Housing Retail Federal Law take its path; and let the Bill that State Representative Lois Frankel recently put through the State Legislature take its path. He advised that Boynton Beach can always add group homes into the Comprehensive Plan. Mr. Cassandra quoted nursing homes and convalescent homes as some of the areas that group homes entail and remarked, "No ~roblem." He continued by saying they provide drug and alcohol rehabilitation, which he felt would be a big problem. He further read that there are group homes for adult offenders, ex-offenders, and ones who have committed violent Crimes. Mr. Cassandra strongly stressed that he would not Want violent offenders living next door to his mother. He thought that would be a problem. After stating that group -2- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 homes also include the dangerous mentally ill, Mr. Cassandra stated that group homes encompass a lot. He pointed out ~hat the City cannot differentiate one from another until the law tells it what it can do. Mr. Cassandra stated that Golfview Harbour will be one of many communities in the City where group homes will flourish because affordable homes are there. Very seldom will the medical department spend $200,000 to put three or four people in Silverlake or Hunters Run, but a home worth 278,000 to $100,000 will be easy to buy and afford. Mr. Cassandra told the Commission that he could put close to ~8 group homes, 1800 feet apart, just in Golfview Harbour, Where the homes range from $80,000 up to $120,000. He thought an influx would occur in Golfview Harbour as well as in the north end. Although Mr. Cassandra could not speak for the north end, they had voiced their concern to him that ~his would happen to their area also. Mr. Cassandra emphasized that the 1800 square feet also must be addressed. If the Commission would decide to vote for group homes, he asked if the 1800 square feet would mean 900 feet east and 900 feet south, point to point, or if it was a ~adius. Mr. Cassandra reminded the Commission that group homes fall ~nder the definition of foster homes. The City says foster omes cannot have more than five children living in a home ~here the five consist of a mother and father of the other ~hildren. The City also has a law that says no more than ~wo unrelated people are allowed in a single family resi- dence. The Comprehensive Plan recommendation contradicts he City's Ordinance because it is talking about five nrelated people in a home. They are thinking of them as foster homes, but Mr. Cassandra did not feel rehabilitation was a foster home. Mr. Cassandra reiterated his recommendation that the ~ommission not approve group homes now. He advised that ~hey can do two changes to the Plan in a year, and they can always add it when the law comes out and says what all ~unicipali-ties should do. A.C.L.F.s (Adult Congregate Living Facilities) Mr. Cassandra did not think the City was mandated as to how many beds they must have in A.C.L.F.s. Mr. Annunziato -3- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 replied that he would respond for the record, based on the law of the Rule. Mr. Cassandra said Golfview Harbour thinks A.C.L.F. units are a necessary requirement for the City's senior citizens or anyone else who needs its use. ge referred to Manor Care, Boulevard Nursing Center, and a new one he believed is ~pening up on Hypoluxo Road. Mr. Cassandra said the feeling is that there should be so many A.C.L.F.s in Boynton Beach. ge thought there was a spot for A.C.L.F.s but not in a residential area. Since the time Mayor Moore was City Attorney, Mr. Cassandra said the strip on 23rd Avenue has been Residential from U. S. 1 to Military Trail, and the Planning Department has recommended many times that it stay Residential. The argu- ment is that it stay R-1AA with a Conditional Use of an ACLF in the front property. Mr. Cassandra urged the Commission not to do this, and said Golfview Harbour would like for it to stay Residential. Mr. Cassandra reiterated his recommendation pertaining to group homes and asked that the Commission leave the Residential strip Residential in the Golfview Harbour/ Leisureville corner of the City. There was some applause. Mayor Moore asked if the Commission wished to have the City Staff respond to these issues. Commissioner Hester did not believe he would be able to make a decision tonight. Commissioner Weiner was surprised that it came back. She recalled the second time a gentleman had been denied an A.C.L.F. on the parcel. Commissioner Weiner had a feeling ~hat the man was offering an A.C.L.F. on the parcel, so four Story office buildings would not occupy the whole parcel, and she was surprised that it came back without office buildings. She wondered if the man had brought it in or if it had been put into the Comprehensive Plan. Mr. Annunziato responded that the recommendation relating to the A.C.L.F. uses at the intersections related to the ~ontinuing problem of having to address a lower intensity of Use at the intersection, ge feared that the longer they keep the uses in a low intensity form, the more difficult it will be to defend that position, especially as the trips per day on Congress Avenue go up and the trips per day on Golf Road go up. It will become more critical for the parcel on the north side. Because of its size, it is more diffi- Cult to develop under the current zoning. The longer they -4- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 wait, Mr. Annunziato thought the more difficult it will be to substantiate a single family, low density decision. The recommendation was to allow for adult elderly A.C.L.F.s on the parcel on the north side and the west half of the parcel on the south side, which would be more or less adjacent to the properties. Mr. Annunziato said the idea was to offer some intensity of the use and not be caught in the position of having to continually defend single family detached land uses. Group Homes Mr. Annunziato said this is a very difficult issue, and he understood the concerns. The group home issues that went before the Commission a year ago were not implemented. The decision was to address it as a part of the 1989 Comprehen- Sive Plan, which Mr. Annunziato said the City did. They once again looked at Rule 9J-5 to receive guidance as to what should be included. They also now had the expertise of Reynolds, Smith and Hills and Plantec, the people who were the authors of the Housing Element. Mr. Annunziato apprised the Commission that there are no specific requirements that say you must have "X" number of group homes. At the request of the City Commission, the Planning Staff tried to come up with some calculations of What would be a share for Boynton Beach based on ratios, which were basically consistent with what currently exists in the City, and they compared that with what was going on in other jurisdictions. Mr. Annunziato confirmed that it is true that other jurisdictions are making statements that their land is too expensive for these kinds of facilities, and he did not know if that would meet the test. Mr. Cassandra was also correct about the changing laws. Mr. Annunziato was involved in a presentation about the Fair ~ousing Act Amendments of 1988. If it turns out as it was presented, all Cities will be unable to discriminate against the physically and mentally handicapped in terms of the number of people per unit. Mr. Annunziato stated that it may be an option for the City to do nothing and take its chances. He had not read Representative Frankel's Bill. Commissioner Weiner informed the Commission that there were two Bills. The proposed Bills would, among other things, pre-empt the local government's right to zone group homes, and they would override the City's home rule authority. -5- MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 Commissioner Weiner said that was how the League of Cities saw Representative Frankel's Bill. The League of Cities has urged everyone to reject the Bills on the home rule basis. Mr. Cannon read what Rule 9J-5 said from the administrative law under which the Comprehensive Plan was written. He stated that this was the guideline the City has to follow: "In the Housing Element, you have to provide adequate sites in residential areas or areas of residential character for group homes and foster care facilities which are licensed or funded by the Florida Department of Health and Rehabilitative Services. Mr. Cannon then read the definition of a group home because he thought that was also critical, particularly with respect to the issue of whether the City is going to allow drug rehabilitation centers or housing for ex-offenders: "A group home, as defined by Rule 9J-5, means a facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including Such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents." Mr. Cannon said the definition further reads: "Adult congregate living facilities comparable in size to group homes are included in this definition but shall not include rooming or boarding homes, clubs, fraternities, sororities, monastaries, or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters." Mr. Cannon said those were the guidelines the Planning Staff used in coming up with their definitions. They Obtained data from the National Health Institute, which is a grant from the Federal Government on the percentage of . homes for the elderly that the City can expect. On a national basis, they applied that percentage to Boynton Beach. Taking that percentage, which would be applied to ~he house, a group home with about 3 to 9 residents was What they interpreted to be the functional equivalent of a family. Mr. Cannon stated that the Planning Staff came up With a certain number of homes that you would expect would be needed for the elderly population of the City. From that *Should be humber, they came up with the 1800 ~quare~feet separation between the homes. In response to Mr. Cassandra's comments about the number of group homes that could be put in Golfview Harbour, Mr. Cannon reminded previous Commissioners, and everyone present lineal feet. See 5/16/89 minutes. -6- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 at prior meetings, that dot maps showing the distribution of the group homes had been presented. The Planning Staff found that they could put three and possibly four group homes in Golfview Harbour and Golfview Harbour Estates (where the condominiums are along Congress Avenue). Commissioner Hester asked if Mr. Cannon was applying the law that the City would have to comply with in the Comprehensive Plan. Mr. Cannon answered affirmatively. Commissioner Nester stated that nothing the Planning Department did was final. What the Planning Department recommended related to Rule 9J-5. Mr. Cannon confirmed that was the Planning Department's recommendation, and he advised that the Planning and Zoning (P&Z) Board has not reviewed the Housing Element. Mr. Cassandra told the Commission that he personally measured S. W. llth Street and S. W. 27th Avenue today. S. W. llth Street, which is the main drag off of 23rd is 4/10ths of a mile. There are 2,112 feet just on S. W. llth Street, which is more than three homes, if you set a radius of 900 feet from the corner. 27th Avenue is 6/10ths of a mile, which is around 3,100 feet, which again is more than three homes. Mr. Cassandra stated that more than three homes will fit in Golfview Harbour. Answering Commissioner Nester, Mr. Cassandra advised that 9J-5 does not say single family residential. The Commission did vote, and Commissioner Hester was a part of it. When %he Commission suggested R-3 would be a suitable place for group homes, Mr. Cassandra recalled that he was the only one Who voted against it because the City laws did not state %his. Boarding houses were being used as a justification. The vote was 4-1 in R-3, so the Commission did comply with Rule 9J-5. The change was single family residential. Mr. Cassandra concluded by saying Residential would be fine, if %hey would go to R-3. Mayor Moore asked what the City Staff had recommended on these two corners. Mr. Annunziato answered that the ~ecommendation was not to change the underlying land use but ~o allow for the elderly A.C.L.F.s up to 9.86 units per acre. On the south side, the underlying land use is low ~ensity. On the north side, it is moderate density (single family zoning). -7- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 Milnor Corporation and Golfview Harbour Richard Wabnitz, 1321 $. W. 25th Avenue, Golfview Harbour, B__qoynton Beach, FL 33426, stated that the public spoke, and the Commission agreed to it. He recalled that in the first part of January, the people rejected the rezoning. Mr. Wabnitz called attention to the sign above the Commissioners, which reads "Local Self Government." He was surprised that Suddenly the Milnor Corporation was coming up again, and he wondered why. When the Commission acted in January, Mr. Wabnitz thought that was the law. It seemed now like that meant nothing at all. A.C.L.F.s and Grou~ Homes Donna M. Batelson, 1096 S. W. 28th Avenue, Golfview Harbour, was in favor of A.C.L.F. units on the two corners referred to and was also in favor of group homes in single family areas of Boynton Beach. Ms. Batelson has been professionally involved with group homes and A.C.L.F.s and told of hearing the same arguments before the County Commission six years ago. She wondered if people were against such facilities because of a lack of understanding, a lack of association of such facilities, and a lack of the knowledge that goes along with housing people with needs. Ms. Batelson thought they had to look at people who are different than the average "normal" individual. In an area where there are thousands of elderly people, she wondered how people could say they did not want them on their corner. ~s. Batelson expounded about the elderly who have no place to go. She thought it was time that City Officials looked at a progressive step forward and not wait for a law to be passed. Ms. Batelson felt Boynton Beach should watch out for its own citizens. ~s. Batelson wondered what would happen if the people in Golfview Harbour were asked about two people in wheelchairs coming into their area before they knew the people. (She was in a wheelchair.) Ms. Batelson elaborated. Residential Corridor Of 23rd Avenue Running From Seacrest Boulevard To Military Trail Wilbur J. Lynch, President of Boynton Leisureville Communit~ Association, 1912 S. W. 16th Avenue, opposed any change in the City's Comprehensive Plan that would allow any type of business venture on the residential corridor of 23rd Avenue running from Seacrest Boulevard to Military Trail. He believed it might constitute spot zoning on the part of the -8- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 City and would also increase the traffic density in the area of Boynton Leisureville and Golfview Harbour. Mr. Lynch asked the Commission to deny any changes of zoning or comprehensive planning in this area. Traffic on 23rd Avenue and A.C.L.F.s ~Anthony La Ferreara, 2370 S. W. llth Street, Golfview Harbour, understood that Woolbright Road will eventually go to ~tary Trail, and he felt that would alleviate some of the trips on 23rd Avenue. He wanted to keep the trips down because he lives on 23rd Avenue. His children play along there, and he did not want to see a main avenue. Mr. La Ferreara did not want trips increased due to an AoC.L.F. or a heavier use on that corner. He wanted it to stay Residential. Mr. La Ferreara did not think they had to address that now but thought they should wait to see what will happen on Woolbright Road and then rezone that corner accordingly. Group Homes Ralph Marchese, (Former Mayor), 1901 S. W. Roma Way, was not opposed per se to group homes, but he emphasized that the law is not specific. When the law is put down in concrete, Mr. Marchese believed the citizens, through the City Commission, would do their share. He recalled that the Commission attended a meeting with the people at Ocean Ridge and, as the Planning Department pointed out, Ocean Ridge said to let Boynton Beach do it. Mr. Marchese stated that is not right. Mr. Marchese did not want the City to turn its back on people who need the City, but he also did not want the City Go be the experimental vehicle. He urged the Commission to Wait until the law demands group homes. A.C.L.F.s and 23rd Avenue Mr. Marchese reminded the Commission that the people have Spoken many times and are opposed to a change of the zoning on the properties on the corner and along 23rd Avenue and Congress Avenue. He requested the Commission not to change that. It is a residential area, R-1AA. Although Mr. Marchese appreciated what the Planning Department recom- mended, he thought the City should take its chances and not Upset the balances of the residential area on that particular strip. -9- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 Hei~h% Much has been said about height, and Mr. Marchese stressed that the 45 foot height limitation in Boynton Beach should be respected. The people voted for it, and that was one reason they were present tonight. In the Central Business District (CBD), Mr. Marchese felt a study should be made as to whether six or eight stories would be more applicable. After that input, it should be left to the citizens of Boynton Beach to vote at a referendum as to whether they want any changes in height. Mr. Marchese believed it would be an asset in the CBD but a deterrent for the remainder of the City. Area 8-H S. W. corner of property in front of Hunters Run 30 acres directly on Congress Avenue Maurice Rosenstock, 1 Villa Lane, Hunters Run, informed the Commission that originally, a number of years ago, that property was zoned c-l, but it was consequently changed to C-3. This matter in the Comprehensive Plan came before the Planning and Zoning (P&Z) Board. In the course of several meetings and presentations by the Planning Staff, the P&Z Board recommended that the land use on the entire 30 acre parcel be changed from Local Retail Commercial to either office Commercial or High Density Residential. Mr. Rosenstock believed the vote was unanimous. In June, 1987, the people of Hunters Run presented petitions to the Commission regarding the zoning of that parcel. Sue Kruse, Deputy city Clerk, had the petitions, but Mr. Rosenstock had petitions for representation. There were approximately 1,000 signatures. All of the people were ask- ing for C-1 zoning. Mr. Rosenstock thought the question ~hould be why all of those people so adamantly want the zoning changed from C-3 to C-1. in reviewing a Consultant's synopsis of the current budget %he City is operating under, Mr. Rosenstock noted that the ten highest taxes paid in Boynton Beach amount to $196,000,000, including $14,000,000 of Summit Associates, the developer of Hunters Run. In an analysis of the assess- ment rolls, which Mr. Rosenstock made at the County level, ~he current assessed value of all of the homeowners' property in Hunters Run amounts to more than that of the ten highest taxpayers in the City. -10- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3 , 1989 Mr. Rosenstock pointed this out to show the Commission that Hunters Run has some of the highest valued homes in the entire area. If a C-3 development is placed here, Mr. Rosenstock stated that it could be a bar, a tanning parlor, or any type of shopping center, which could be open 24 hours a day. The value of those assessments would deteriorate tremendously. In reevaluating those 30 acres, Mr. Rosenstock observed that the Planning Department originally said that they felt part of it should be C-1 and part of it should be C-3. He quoted the Planning Department when he said they did not want the northern section adjoining the proposed Congress Avenue Park (C-3) because they did not want a shopping center next to the park. They would rather have an office complex. If the City Planning Department does not want it next to a park, Mr. Rosenstock thought the Commission could imagine how the homeowners of Hunters Run would feel. Mr. Rosenstock continued by saying one of the other claims may be that the City would need an additional shopping area at build out (the year 2010). He explained how the formula is arrived at by the City and questioned it. If he owns a Shoe store or grocery store, Mr. Rosenstock asked who could Say how many customers he could handle within his area. He wondered if they were trying to limit the amount of profit he could make in his store by saying there should be so many more shoe stores or grocery stores. Mr. Rosenstock told the Commission that there is a shopping center 8/10tbs of a mile south of the 30 acres on the corner of Lake Ida Road. Another shopping center is on Boynton Beach Boulevard, 1¼ miles north. The residents of Hunters Run feel, and Mr. Rosenstock believed the residents of Golfview Harbour also feel, that another shopping center in that area is not needed. He quoted from Brevard vs. Widham, 223 So. 2d, 324, a case in the Fourth District Court of Appeal, which said it is essential for cities and counties to provide areas in which their residents may feel free to build homes and make the financial and other sacri- fices that go into the development of a home without the fear of being deprived of a large measure of their invest- ment or the enjoyment of their homes by commercial develop- ments. Mr. Rosenstock thought the argument for keeping the 24th Street corridor also held true. He stressed that the City cannot take areas that are primarily residential and change -11- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 the complete nature of the area into a shopping center or a strip mall. The traffic generated by a shopping center would increase the traffic on Congress Avenue. After repeat- ing prior statements, Mr. Rosenstock said C-l, professional/ office buildings are basically open from 9:00 to 5:00 and generate a smaller portion of traffic. He asked the Commission to zone that area C-1. There was some applause. Special High Density (SHD), CBD, and CRA Fran Clear¥, 850 Horizons East, 208, Sterling Village, said ~he residents of Sterling Village are concerned with the thinking that the Special High Density (SHD) and CBD would provide a tax base and contribute to the services of the City. They believe it is a fallacy and want more attention directed to it. Ms. Cleary said the City is only now reaching a point where the Police Department is able to function and do a job. The City is only now providing them the facilities they should have had before, but the same expectations are always put on them. Ms. Cleary alluded to the Community Redevelopment Agency (CRA), City Commission, and Chamber of Commerce meetings. She said the traffic patterns for the SHD and CBD will need more than light attention. It was utterly ignored by the CRA. Ms. Cleary thought more responsibility should be put on the owners of businesses along Federal Highway. If they bring SHDs in, the City will not have the facilities to take care of them. People who own businesses along Federal ~ighway will continue to benefit, but the residents of the City will not. Ms. Cieary elaborated about Winn-Dixie on North Federal Highway and said no one does anything about it. Many owners of businesses say there are no Ordinances at the present time regarding their signs and what they should do about improving their properties. It took a resident of Sterling Village 1½ years to have the red house across from Sterling Village removed. SHD, CBD, and Traffic Light Ms. Cleary asked the Commission to take a hard look at the SHD and CBD, and she hoped any discussion about the CBD would be open to the public. She also wanted the Commission to ask the Department of Transportation (DOT) for a traffic -12- MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 light where the caution light is on Federal Highway so the residents of Sterling Village can get across the street to doctors, restaurants, and the banks. A.C.L.F.s Twenty years ago, in another State, Ms. Cleary was involved in A.C.L.F.s, and she asked the Commission not to put a drug rehabilitation group within the City limits. If there is a mental health group, it should not be put next to another group. Ms. Cleary advised that they can be blended into any part of the City easily because the group sending those people there are responsible. It worked in the other State, and she thought it could work here. Response to Ms. Cleary from Commission Commissioner Weiner did not know why Sterling Village did not get a traffic light, and she expounded on the traffic. She asked that the Commission instruct City Manager Cheney to write a letter to DOT, asking them to do another survey. Mayor Moore said the City Staff would implement something to try and relieve that problem. Wood, right Road and Boynton Beach Exits Dr. Sal DeCanio, Jr., 919 Chapel Hill Boulevard, a resident of Boynton Beach since 1958, said since 1-95 was put in, these areas have not changed. He wanted to see some direction in %hese areas. Mention was made by Mr. Harvey Oyer, Jr. to designate the land use of Woolbright Road, east of 1-95 (the north section to S. W. 14th Avenue), as a commercial area with thought to expanding the land use up to 14th and not just 1/2 block. Dr. DeCanio stated that it is difficult ~o incorporate any desirable use with property only 120 feet deep. He agreed with Mr. Oyer's suggestion, as shown in previous P&Z Board minutes, concerning the use of that property. Dr. DeCanio did not want the situation to exist where the City has little strip centers, duplexes, etc. The City is seeing the effect of that on Seacrest Boulevard between Woolbright Avenue and Boynton Beach Boulevard. Boynton Beach Boulevard, from 1-95 to U. S. 1 As someone who took over an established business on Boynton Beach Boulevard and who owns real estate there, Dr. DeCanio -13- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 said he has spent a considerable amount of money in exterior and interior improvements, but he has seen no other changes on the Boulevard. Beyond the Boulevard, he has influences behind him that have caused damage to his property. He lost a few thousand dollars in landscaping over the last few years and had a broken sign from a rock that was thrown. Dr. DeCanio wished to comment on what the CRA will do when people exit 1-95 onto Boynton Beach Boulevard. He spoke for himself and potential business owners when he asked what advantages he had in locating on Boynton Beach Boulevard. Dr. DeCanio doubted if he would locate there now, especially if he established a business from scratch. He is a doctor of optometry. Patients have commented on the nice building he has and have asked him why he is not in Boca Raton. Dr. DeCanio is sick of hearing that and said the image that is projected in the City, as well as the way business is done in the City must be changed. Permit Process and CBD Dr. DeCanio elaborated on comments he hears from people he does business with about the permit process in the City. People consistently complain that it is more difficult to do business with Boynton Beach than with any other City, including Boca Raton. He was concerned about what effect that will have on potential developers and business people who would like to locate in the downtown area but are discouraged because of the process and the expense of it. Dr. DeCanio is committed to the CBD and intends to stay here ~ntil he dies. He stated that he is extremely concerned about the direction the City will take along Boynton Beach Boulevard and in the CBD area. B__oynton Beach Boulevar~ Dr. DeCanio referred to the appearance of Boynton Beach Boulevard from Seacrest Boulevard to the Federal Highway. The car wash next to him is also concerned about how his property looks. At this point, Dr. DeCanio felt that block spoke for itself. Large amounts of money has been spent by the City on what they are going to do with the downtown area, and the plans are collecting dust somewhere. Dr. DeCanio felt the City had to be serious about this. He did not know what the problem with the bridge was with respect to the plans, but Dr. DeCanio thought the City should create an image. -14- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3 , 1989 Seacrest Boulevard between Boynton Beach Boulevard and Woolbri~ht Road After the expansion of Seacrest Boulevard to four lanes, Dr. DeCanio believed most of those homes went from single family residential to multi family dwellings. By the year, the property is getting more decrepid. It is poorly taken care of and only getting worse. Dr. DeCanio proposed that those properties be rezoned one block deep from Seacrest, going east and west, as that is important for the maximum and best use of the property. He recommended they be rezoned C-1 or C-2, which would be even better. Dr. DeCanio made other comments about Seacrest Boulevard. Boynton Beach Boulevard To promote development in this area, Dr. DeCanio suggested Ghat they create a main street look similar to what Delray Beach has done. He proposed that they make a two lane road Out of Boynton Beach Boulevard from Seacrest Boulevard to Federalr~Highway. The new City Hall will make the appearance better. Parking will be a problem in this area, and Dr. DeCanio recommended that on street parking be created. There was some applause. Growth, Traffic, and A.C.L.F.s Jeff Tomberg, Attorney at Law, 626 S. E. 4th Street, grew up in the City. He expounded on growth, development, traffic, and facilities. The population is getting older, and Attorney Tomberg pointed out that there will not be A.C.L.F. facilities. For eleven years, he has been constantly fight- ing with the Commission to look ahead because people are living longer and everyone from up north wants to be in Florida. Attorney Tomberg asked what will happen in 20 or 30 years. He did not think the extension of Woolbright Road t° 441 would alleviate the traffic on 23rd. Attorney Tomberg said the City needs A.C.L.F. facilities, and he called attention to the fact that there are no empty beds in the present facilities. Most of these people can- not drive, and they do not generate that much traffic. C-3 on Congress Avenue at Hunters Run ~ttorney Tomberg referred to Mr. Rosenstock's comment that Q-3 would devalue that property, and said it was "garbage". He referred to The Sanctuary, where homes are worth -15- MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 $1,000,000 each, and said a complete shopping center is along their corridor on U. S. 1. Attorney Tomberg said the Commission has too many times bowed to the few people who say they vote, and he reminded them that the new people also vote. Woolbright Road 1-95 made this a major east/west corridor, and it will always continue to be one. Attorney Tomberg stated that it was time the Commission began to look forward. They have to accept the fact that 1-95 will generate a tremendous amount of traffic both east and west along that corridor. The City operates a business (the cemetery) on the south side of this property east of 1-95. West of 1-95, the City spent hundreds of thousands of dollars getting beat in Court because it did not want a Commercial area there, but the City got it anyway. All the City did was waste taxpayers money because of the voters who are retired and do not want any progress. Attorney Tomberg said the arguments do not change, but the City will continue to grow, expand, and have problems. He urged the Commission to do something bold. They may not get reelected, but Attorney Tomberg said they will be doing Something that will mean something to the City. He stated that the City has had a constant problem because of Commissioners worrying about getting reelected. Attorney Tomberg elaborated. Attorney Tomberg predicted that five years from now, the population of Boynton Beach will be up a minimum of another 25,000, and the Commission will have to deal with it. It is the same argument that has been made by people trying to get the City to develop for the last twenty years. Attorney Tomberg told the Commission they have to accept the fact that the City is growing. He called attention to the development in Boca Raton and West Palm Beach and said the Commission has to put the people some place and provide the ~eans and services. Commercial and professional offices are among those services. Attorney Tomberg expounded on why the traffic light is needed at Sterling Village and on why services are needed. After repeating prior statements, he predicted that 20 years from now, Boynton Beach will be west of 441 whether the residents like it or not. There was applause. -16- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 Citizen Input Into Comprehensive Plan Gretchen Roose, 7 Holly Villas, Delray Dunes, President of the League of Women Voters of South Palm Beach County, P. O. Box 1378, Boca Raton, Florida 33419, read a prepared statement. A copy is attached to the original copy of these minutes in the Office of the City Clerk as "Addendum A". Future Land Use Element Sec. VIII, Part 7, item d Out Parcel of Boynton Beach Mall Walter Williams, 6727 Osborne Drive, Lantana, FL 33462, read a prepared statement attached to the original copy of these minutes in the Office of the City Clerk as "Addendum B". Mr. Williams spoke against allowing the destruction of the preserve area for the construction of a parking lot. Mr. Annunziato informed Mayor Moore that this matter will be coming up in public hearing before the City Commission on Tuesday, May 16th. It was addressed in the Comprehensive Plan the Commission was discussing and was also addressed in the 1986 Plan. Time Allowed Speakers, Milnor Corporation, A.C.L.F.s, and Golf Road and Congress Avenue Mr. Wabnitz questioned why he was the only one allowed three minutes to speak. He referred to when Norman Michael and the Milnor Corporation were before the Commission, and he wondered if there was something else. Mr. Annunziato clarified that the Milnor Corporation was not a part of the Golf Road and Congress Avenue suggestion. Neither Milnor Corporation nor Norman Michael recommended that to the City Staff. The recommendation was generated from the City Staff. Norman Michael still owns the land, but the recommendation came independent from him and the Milnor Corporation. Mayor Moore explained to Mr. Wabnitz that the City Staff made the recommendation because they were concerned that if it stays solely residential, it may be subject to a successful attack in the Courts. Mr. Annunziato added that the recommendation was also because of the need for A.C.L.F.s. Mr. Wabnitz was not against Mr. Michael or the Milnor Corporation, but he was against the people being here again -17- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 because they were here at an official meeting three months ago. He asked if the previous meeting was good for nothing. Mayor Moore replied that this was a continuing, ongoing requirement of upgrading the City's Comprehensive Plan. It was regrettable that it came up three months after what Mr. Wabnitz went through before. Procedure Governing the Planning and Zoning Board Harold Blanchette, 905 Mission Hill Road, Member of the P&Z Board, informed the Commission that at the P&Z Board meeting on April 20th, Commissioner Weiner omitted what he had said in regard to the Comprehensive Plan and in regard to what they had said about voting. He said the Chairman of the Board would verify that he said the only thing he could comment about was that in the minutes it is already worded who voted ~or what. Anybody inclined can read the minutes of a previous meeting. Mr. Blanchette did not think they had to give reasons of why they vote. All the P&Z Board is doing is recommending to the City Commission their views on a proposed subject. He did not think it should go any further than that. The City Commission should read the minutes and make their own decisions on how they are going to vote. Commissioner Weiner responded that it is not anybody's fault, but the Commission does not always get the minutes on time. ·hat was why she had brought the matter up. Mr. Blanchette said there have been many meetings lately. Nathan Collins, Jr., Vice Chairman of the P&Z Board, 4129 N. W. 8th Avenue, stated that the P&Z Board was not try- ilng to deny anyone the right to make comments. However, he ~elt if a member of the P&Z Board votes on an issue and has a problem with the way the outcome of the issue is determined, ~he member should not direct the matter to the Commission after it is decided by a vote of the Board. As indicated in ~he minutes sent to him, Mr. Collins thought any dislikes, etc. should be discussed within the P&Z Board. If the Board cannot iron out its differences, the Members do not need to be Members of the Board. Mr. Collins did not feel that the Board was telling anybody tlhat they cannot make a presentation before the City Commission, but he felt issues should be brought out before tlhe P&Z Board prior to those discussions. He felt that particular issue could have been resolved by the P&Z Board. T!hat was how he presented his feeling in the minutes. -18- MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 Mr. Collins had a problem with a member of the P&Z Board making a presentation to the Commission on an issue that was approved by the P&Z Board and not consulting the P&Z Board before'the presentation was made. He stated that he is a "stickler" on procedures. That is the way Robert's Rules of Order are set up, and he felt they should be followed. Robert Walshak, Chairman of the P&Z Board, 3566 South Lake Drive, was kind of at a disadvantage last evening at the City Commission meeting when he heard Commissioner Weiner say that Members of the P&Z Board, through a vote, were trying to impede civil liberties, namely, freedom of speech under the First Amendment, by restricting its Board Members to a minority opinion. Commissioner Weiner also made the comment last evening that the P&Z Board conducted the meeting hurriedly. Commissioner Weiner interrupted to tell Chairman Walshak she said he called it hastily. It sounded to Chair- man Walshak as though they were doing it for purposes other than for purposes affecting the business of the City, which was complete nonsense. Mr. Walshak said Commissioner Weiner had the copy of the minutes yesterday, but the P&Z Board Members did not get those minutes until today. In going through the minutes, he noticed that Commissioner Weiner quoted several things that he said and a lot of other things that he had said. In doing so, Mr. Walshak thought she put it on record, and he wanted to put the complete text on the record. He quoted from pages i and 2 of the verbatim transcript of the Minutes of the Special Meeting of the P&Z Board held Thursday, April 20, 1989 at 3:30 P. M. Mr. Walshak called attention to the sen- tence beginning at line 17 on page 2 of the minutes and said it should read: "Those minority decisions are forwarded to the City Commission via our minutes" instead of via the agenda. Three other Members of the Board made comments, and Chairman Walshak said they are on the record. Today, he looked at Robert's Rules of Order. There is a simple solution for a Board Member who is on the minority end of a decision. He writes a minority opinion and forwards it with the majority opinion. Mr. Walshak informed Commissioner Weiner that is Robert's Rules of Order. The P&Z Board has adopted Robert's Rules of Order. There are also censure procedures in Robert's Rules of Order. Chairman Walshak emphasized that he will stick by what he said, and he will do it. Commissioner Hester has sat on the dais for four years and tries not to show any favoritism toward any person coming to -19- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 3, 1989 speak, nor does he say something about people wanting to speak. He just heard someone say, "He got his crew." Commissioner Hester advised that any citizen has the right to come before the Commission and talk. He did not like what he was hearing because he did not think anyone should say such things as, "He brought his crew," because he was sure the person was referring to the P&Z Board. Those Members were appointed by the Commission by a vote. Commissioner Hester hoped they could keep the image of the City as one that would be outstanding and not one to where they play politics. He hoped they would not get to that point. ADJOURNMENT There being no further business to come before the C0~ission, the meeting properly adj~u~t 7:30 P.M. Mayor Co~issioner ATTEST: ~e c~o r ~ i~n g~ c r ~t a~r~r ~ (Two Tapes -20- LEAGUE OF WOMEN VOTERS OF SOUTH PALM BEACH COUNTY P.O. BOX 1578 · BOCA RATON, FLORIDA 33429 (Statement made on May 3, 1989 at the meeting of the Boynton Beach Commission- as they meet to review the Comprehensive Plan) [I am Gretchen Roose, 7 Holly Villas, Delray Dunes, President of the League of Women Voters of South Palm Beach County} MR. MAYOR AND CITY COMMISSION MEMBERS: One of the prime concerns of the League of Women Voters of ~outh Palm Beach County has been the availability of citizen input into the Comprehensive Plans. We commend the Planning and Zoning Board, and the City Commission, for providing opportunities for this input and, for the publicity announcing the public hearings - particularly for the information contained in the City's newsletter. Members of our League's Boynton Beach Government Committee (who are all residents of this city) have been attending the hearings. They report that the Planning and Zoning Board and the City Commission have demonstrated a sincere interest in the comments made by citizenes, and the impression was given that consideration would be given to these comments. Therefore,we make the following suggestions: 1) prior to the amendment process of the plan, a study be made to determine the need for further notification to affected property owners of any changes proposed. 2) types of possible changes be reviewed and guidelines established as to the type of written notification, if any, required for each proposed change.( The type of notification could vary. e.g. if a group of residences in governed by a Board of Directors, notification to that board would be adequate.) 3) Any amendment that would change the land/c~tegory would require written notification to the affected property owners. We hope that you will give consideration to the establishment of these guidelines and, if adopted, make them available to the public. Thank you for your consideration in this matter. ADDENDUM A For inclusion into the-Public Record of the first public meeting of the city's Comprehensive Plan. Walter Williams 6727 Osborne Dr. Lantana, FL 33462 May 3, 1989 Re: Sec. VIII, Paxt 7, Item d. of the proposed City of Boynton Beach Comprehensive Plan / Future Land Use Element concerning the Outparcel of the Bose, on Beach Mall which was set aside for preservation when the mall was bm'It_ I recently read that Treasure Coast Regional Planning had unanimously rejected a plan for substantial deviation from the DRI. According to Sec. VIII, Part 7, Item d, line I1, "If the substantial deviation is not approved, the entire parcel should be placed in the Recreational land use category and REC zoning district." This sentence should be changed to read: "If the substantial deviation is not approved, the entire parcel shall be placed in the Conservation land use category and zoning district." I am dismayed to learn that the City of Boynton is still considering allowing the destruction of this preserve area for the construction of a parking lot. By allowing a developer to come back years later and break a promise to the people of Florida by developing land previously set aside for preservation, the city would be setting a dangerous precedent. No preserve areas would be safe. Promises are made to be kept. Many developers are driven by the lust for money, ethical considerations be damned. Government officials are elected to uphold the public trust and must be of the highest moral character. To allow unethical happenings would show poorly on your own ethical and moral values. De Bartolo has particularly low ethical standards concerning the environment. He cares not about Boynton Beach. He just wants more money. One of his attempted projects, a proposed mall on the Manassass Battlefield, a Civil War battlefield in Virginia, would have paved over general Lee's encampment, Page 1 of ADDENDUM B destroying part of'our country's historical heritage. Fortunately, Congress stopped that one. Another project would have resulted in the destruction of over twenty acres of pristine maple swamp in New England in order to build a mall. He got approval from the county and state. Fortunately, the U.S. Environmental Protection Agency had the jurisdiction and the guts to nix it. These are examples of how De Bartolo operates. He is going to fiaake money here no matter what happens. Do not give him our pine tree preserve so that he makes all the profit. I work at the Boynton Beach Mall and look forward to Sears opening a new store here~ I feel that other solutions to this parking problem are needed. Solutions might include one or more of the following: * Require that the entire parking lot be repainted with spaces the size of those in front of Service Merchandise. That surely would create many more spaces. * Grant a variance to allow the construction of Sears with fewer additional parking spaces. * Put parking spaces on top of Sears. There must be more that I have not mentioned. Let's do the right thing and preserve the woodland for the people of Boynton Beach. Find a way to get Sears built that does not involve the destruction of this bit of natural Florida. I and the people of Boynton Beach will thank you. Page 2 of ADDENDUM B