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Minutes 01-21-88MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, THURSDAY, JANUARY 21, 1988 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner ~eonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:34 P. M. and announced that people in the audience wishing to speak could speak on any particular items. Continuation of January 21st Meeting discussion of proposed zoning text amendment implementing 1986 Comprehensive Plan Evaluation and Appraisal (E&A) Report and Report prepared by Tim Cannon, which includes modifications ~iscussed by the Mayor and City Commission at their January 6, 1988 Meeting Carmen Annunziato, Director of Planning, told the audience ~his was the second of two public hearings in which zoning proposals are being reviewed which change the list of permitted uses in Commercial categories and address the issues relating to group homes. In addition, there were a lot of minor recommended changes to the zoning regulations. At the last'meeting, they got about 2/3rds of the regulations, and the City Staff made notes and partly ~ · ~esponded to those comments with the materials and the boards with the black dots that were before the Commission. [ayor Cassandra informed Mr. Annunziato that the Commission eceived the materials ten minutes ago and did not have a ~hance to read it. Mr. Annunziato replied that the Planning ~epartment would lead the Commission through the report, and ~e suggested continuing going through the regulations from 'here they left off. People could speak during the presenta- ion or at the end of the presentation. The public hearing ~ould then be closed. It was the Staff's desire to be left with a consensus of the form of document the Commission would iike to see adopted. The City Staff will amend it,  nSistent with the Commission's decisions, and come back th a final draft that will incorporate the changes. -1- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Mr. Annunziato called attention to the six public hearings, yhich he said were tied directly to the change in the list of permitted uses in the C-2 Commercial zoning category. He explained and referred the Commission to the list of P&Z Board recommendations. ayor Cassandra had received only two comments but said he ould honor the raising of a hand if someone had something to say. Tim Cannon, Senior City Planner, said the memorandum the Commission received today summarized the Commission's comments from the last meeting with regard to the important items. Mayor Cassandra thought they should finish the report first and then go back to the memorandum. He was concerned that if they did not finish tonight, they would need to have another public hearing. The Commission concurred. Page 39 f. Minimum Distance Between Group Homes r. Cannon called attention to three maps that had been repared. The draft before the Commissioners required a minimum distance of 1,200 feet between group homes. This was the distance recommended by the State Department of ealth and Rehabilitative Services (HRS). However, the range of distance separations is anywhere between 1,200  nd 2,000 feet. In a few Ordinances, Mr. Cannon thought it as even 2,200 feet. Mayor Cassandra drew attention to the maps, and Mr. Cannon said the map on the left showed the maximum possible distri- bution of group homes with a 1,200 feet separation. The one n the center showed a 1,500 feet separation, and the map on the right showed a 1,800 feet separation. Mr. Cannon emphasized that the maps were just theoretical distributions. Commissioner Hester asked if all of the group homes are per- witted in residential areas because he had a question about the foster home they talked about last week. Mr. Cannon replied that it is important to distinguish between a group home and a foster home. A foster home is up to five children, including the parents' natural children. It would be a permitted, accessory use, and would not be subject to the distance requirements. It would be considered as a -2- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 family under the City's definition of family. There was discussion. Mr. Annunziato interjected that the maps did not reflect any association prohibitions which might exist. Mr. Cannon had counted the dots on the. maps to give the Commission some idea. With the 1,200 feet separation, there were 268 dots. With the 1,500 feet separation, there were 164 dots, and with the 1,800 feet separation, there were 118 dots. Mayor Cassandra informed the audience that, theoretically, this was what they could get and not what they would have. Mr. Cannon called HRS and asked them what the typical size of a group home that they license is. They said in the range of four or five was the most common size. Mr. Cannon had assumed seven residents and multiplied it through to get the number of residents. With a 1,200 feet separation, you would get about 1,900 residents. With the 1,500 feet separ- ation, you would get about 1,150, and with an 1,800 feet ~eparation, you would get 825 residents. With the present area of the City, that corresponded to approximately 1%, 1½%, and 2½% of the City's total population, if the existing City area were built out under its present zoning. Mayor Cassandra felt it all came down to a question that had to be resolved tonight, and that was the legal requirements. HRS made a statement, but he asked, "What is the law?" If the law says the City has to have group homes, that would be one consideration. From there, they would go to businesses, etc. If the City has the right to say the areas group homes will be in, that matrix could be thrown in the garbage pail. Mayor Cassandra thought they had to discuss group homes. Commissioner Zibelli asked if it is a State regulation that they must have group homes in the City. As the Comprehensive Plan currently stands, Mr. Cannon said there is a recommen- dation that the City adopt an Ordinance allowing group homes as a permitted use in a residential district. The City is bligated by State law to adopt such an Ordinance or to go ack and amend the Comprehensive Plan. Commissioner Zibelli ~sked whether it says where the group homes have to be. Mr. Cannon replied that the Comprehensive Plan says they should be allowed as a permitted use in residential zoning districts. Mayor Cassandra advised that the City's Comprehensive Plan is not law but is what the Commission decides. The ques- tion was the law. If the law said the City had to have it, -3- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 obviously, they have to comply. Mayor Cassandra referred to the public hearings and time spent on the Comprehensive Plan. He stated that it was a possibility that the attitude had changed so that the Comprehensive Plan should not reflect group homes. If the Comprehensive Plan reflects group homes, the second possibility was where they wanted to put the homes. Mayor Cassandra explained. Mayor Cassandra asked City Attorney Rea if the City must have group homes. City Attorney Rea answered that the Florida Statutes do not require the City to have group homes. They require that the City evaluate the need and, if the need exists, they should fill that need. Mayor Cassandra recalled City Manager Cheney had asked, "What do we want? What is our obligation to the community and the people that we call a part of our community?" It seemed to Mayor Cassandra that the question was whether the City has the need for group homes. He thought maybe that was what the report should show. Mayor Cassandra wondered how many group homes are presently in the City. He recollected Commissioner Mann had said the City should not become a "dump area" for this problem, and he asked whether other cities were involved. Mayor Cassandra asked how many group homes other cities have and how the County was react- ing. He felt that should be researched and that they might have to have a report from the City's qualified people. Mayor Cassandra said the City should not question whether the group homes are legal or not, but said they should find out what the City has. The question of legality would come later on. He asked where the group homes are located in the City and wondered how many Ocean Ridge, Delray Beach, Boca Raton, Lake Worth, and the County have. Mayor Cassandra felt they should postpone the group home question until they had that information. Commissioner Zibelli thought that was a reasonable request. City Manager Cheney thought the request made sense, but he stated it would take some time. He thought they should do research to see what the need is and estimated it would take a couple of months. City Manager Cheney stated they would find out what other communities have, but he suspected they would not be able to find out what other communities are going to do. As far as he could see, most of the communities are not even discussing this issue yet. In a couple of months, City Manager Cheney said the City Staff would come back to the Commission with the best they can do relative to -4- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 the needs and what there is. At that time, they will see what they know about the rest of the communities and the area. Vice Mayor Marchese stated that they were not faced with a legal deadline. Therefore, whether it would take two months, four months, or six months was unimportant. Commissioner Heater commented that it all depends on what the City adopts in its Comprehensive Plan. He wondered if it would suffice the State if they make any statements at all about foster homes or say the City will provide them if they are necessary or needed. There were further comments. Mayor Cassandra asked if they would have a problem if they postponed the group homes and acted on everything else. Mr. Cannon answered that the State law requires that the City adopt regulations within one year of adopting the E&A report. The City adopted the E&A report in December of 1986. If the City decides to postpone it, Mr. Cannon did not know how the State would enforce it. Theoretically, the City should have gotten through the regulations and adopted them by December of 1987. City Attorney Rea advised that they have that one year period dealing with implementing the E&A report. There are a number of options. If they are proceeding upon implemen- tation, City Attorney Rea thought maybe they were not in bad shape. Of course, they could deimplement everything they implemented before, as far as the E&A report. As the group home issue was somewhat complex as far as definitional characteristics, City Attorney Rea suggested they might want to consider group homes and the other group type of living facilities, including foster homes, private agencies, and therapeutic facilities. A lot of them are licensed, and they could find out where the licenses exist. City Manager Cheney stated that they will have to do this before they adopt the Comprehensive Plan, and they will have to make some statements. He thought they could go to some of the key agencies and ask, "What is your track record? How many people from Boynton Beach do you see? How many homes do you have?" City Manager Cheney told the Commission to wait and see what the City Staff can get in two months because there was information they ought to have. Commissioner Mann told them the City of West Palm Beach would be a helpful source of information. He met with the Mayor of West Palm Beach because this was the only City he -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 knew of that had faced this problem and took some action. The Mayor suggested they were going to do it by the distance approach. Commissioner Mann discussed it with City Manager Cheney and requested the maps. It was not clear to him how information from West Palm Beach would relate to this city, but he felt there would be some relationship. West Palm Beach has gotten into the legal question of attempting to take an attitude that said they would not take any group homes, but that did not go well. Commissioner Mann did not think that would be a valuable option to the City. Commissioner Mann asked how many are now in the City, and he wanted to know where they are. Mr. Cannon answered that it was in the housing element that Plantec drafted. Mayor Cassandra thought information about the surrounding area should be given also and whether there is a need. ommissioner Mann added that how Ocean Ridge, Village of olf, and Quail Ridge will handle this was important to him. Mr. Cannon clarified that the Commission wanted to postpone action on all of Section 11.4, which was everything after page 33 up to page 47. Mayor Cassandra recalled that at the last meeting, they discussed the City Manager's option and discretion to allow. The Commission thought that should be a policy decision and not the City Manager's decision. Leonard Kanonik, 1330 S. W. 28th Avenue, thanked the Commission for representing the people and also for having the Commission and not other people making the policy. Page 24 E. CBD CENTRAL BUSINESS DISTRICT Adult Entertainment Establishments Mr. Cannon agreed with Mayor Cassandra that they had discussed most of the Commercial district regulations. Mayor Cassandra thought the concern was about C-4 uses. Mr. Cannon reminded him that there was a question about where additional adult entertainment establishments could be placed. Mayor Cassandra informed the audience that he received a telephone call from the news media saying Morey's and Show- time have full nudity shows, and the media wondered what the -6- MINUTES - SPECIAL CITY COMMISSION MEETING BoYNTON BEACH, FLORIDA JANUARY 21, 1988 City was going to do about it. He explained that the City is concerned about what is allowed as adult entertainment and what is nudity. Mayor Cassandra said the City has a Problem because these establishments are here, and the City cannot get rid of them. Mayor Cassandra asked the Commission to turn to page 2 of the information they received today. There was a brief statement about the establishments and what they found as to Where else in the City these types of businesses could be located. Commissioner Zibelli asked if the establishments are 1,500 feet from a church. City Manager Cheney answered that the church was there before Showtime. He recollected that the 1,500 foot amendment was put in the Ordinance after Showtime. If adult entertainment establishments are restricted to the C-4 zoning district and required to be 1,500 feet apart and 1,500 feet from any church or school, Mr. Cannon told the Commission that would preclude any other adult entertainment establishments from coming in. Right now, they are allowed only as a Conditional Use in the C-4 zoning district. Mr. Cannon informed Mayor Cassandra that everything north of the canal is in the C-3 zoning district, which does not allow adult entertainment. Mayor Cassandra asked City Attorney Rea if the City could remove adult entertainment from its Code altogether. City Attorney Rea answered that the City could try it but, technically, they have to permit it. The question is how they would zone it to the point where it becomes impractical without getting into trouble. Mayor Cassandra wondered about adult entertainment in the form of books and porno movies. It seemed to him they were not addressed in the City's Code. Mr. Cannon advised that those types of uses fall under the definition of adult entertainment, and it is spelled out specifically. If they really wished, City Attorney Rea said they could try to prohibit it and address the issue when it hits, but if they prohibit it from the City and someone says they are go- ing to do topless and bottomless dancing, they will make the Constitutional argument that the City is restricting the right to free speech. The Supreme Court says it is free speech. The distance of 1,500 feet is not engraved in stone, and City Attorney Rea pointed out that they could make it a distance of 3,000 feet. -7- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Mayor Cassandra asked if they could make the Conditional Use very tight. City Manager Cheney emphasized that the City has resolved the problem. No more can come in. Mayor Cassandra wanted to resolve the problem of getting rid of the two that are here. There was discussion. City Manager Cheney said this Ordinance had never been tested because it was adopted after Showtime. Mayor Cassandra wondered if they could amortize the busi- nesses and give them so many years to get out. City Manager Cheney said the City would have to do an analysis of what the businesses are and how long they could amortize them, but he thought the businesses could challenge the City. There was more discussion. Mayor Cassandra felt the City was afraid because they might get sued. He stated that they would address the problem at another time. Mayor Cassandra told Mr. Cannon to make it 3,000 feet instead of 1,500 feet, or to get the numerical number he felt could legally be upheld in Court. Page 24, E, CBD CENTRAL BUSINESS DISTRICT Page 25, F, PLANNED COMMERCIAL ZONING DISTRICT Section 7, Planned industrial development district Mr. Cannon said there are several zoning districts where language was added stating that where a business is generat- ing hazardous waste as defined by the Code of Federal Regu- lations, those businesses have to go through the Environ- mental Review procedure. That was just added as standard language to each zoning district, starting with the CBD on page 24 and continuing with the Planned Commercial Develop- ment (PCD) and the Planned Industrial Developments (PIDs) on page 25. Mayor Cassandra said there is an acreage requirement on PCDs or any acreage. He thought that should be looked into and the PIDs should be looked into as far as requirements. He thought some PCDs were of personal concern because they deviated from the City's Code. One needed so many acres, and the City gave it to them. Marilyn Huckle, 656 Castilla Lane, interrupted to say it was turned down by the Board of Adjustment (BOA). Mayor Cassandra thought it should be looked at because property is surrounded by industry, PCDs, and right in the middle is R1AAA. He did not know whether it should go through the BOA. Mr. Cannon responded that it is possible that they could let the City Commission grant those types of variances. -8- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Board of Adjustment Mr. Cannon apprised the Commission that there is no longer any State Statute establishing the zoning BOA. That language was abolished in the 1985 growth management legislation. If the City Commission wants the power to grant variances for the minimum acreage for these planned zoning districts, they could have it. Mayor Cassandra noted they would be taking powers away from the BOA. The BOA is a quasi-judicial body that only has action from the Civil Court for regress. Mayor Cassandra questioned whether the BOA could sue the City Commission. City Attorney Rea answered affirmatively and added that the City Commission could sue the BOA as well. If the growth management law removed zoning powers from the BOA and the Commission could grant variances, Mayor Cassandra questioned what the City was doing with the BOA. Mr. Cannon was saying the BOA no longer is required by State law. The City Commission could designate itself or the P&Z Board as the BOA either generally or with respect to specific parts of the zoning regulations. Mr. Cannon informed Mayor Cassandra that this question has not been addressed in the regulations. Mayor Cassandra wondered if they should address that question. Mr. Annunziato inter- jected that it may be something they might want to bring up in the Code revisions. Page 26 A. M-1 INDUSTRIAL DISTRICT Mr. Cannon said an environmental review would also be required in the M-1 zoning district, where you have businesses that generate hazardous waste. Health Mayor Cassandra asked if the City should be concerned about health inspections and he alluded to the toxic or hazardous effect there could be to human beings. City Attorney Rea advised that the City could get into environmental matters, but if they begin to deal with the same type of duties the Department of Health does, they will have a preemption type problem. -9- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 5. Prohibited uses. b. Storage, distribution, wholesale, retail, and services, as follows: Mr. Cannon said this specifies where you have to have open storage screened. Mayor Cassandra asked what the definition of "screening" is. Mr. Cannon replied that there is a definition in the zoning regulations. It means you have to have some type of opaque material (fence or wall). Mayor Cassandra commented that the top did not have to be covered. Mr. Cannon emphasized that there is an eight foot maximum for a fence or wall. A hedge would not be acceptable. Page 27 C. COMPREHENSIVE PLAN AMENDMENTS; REZONINGS 3. Initiation of amendments Mr. Cannon told the Commission several exceptions were suggested as far as the materials that have to be submitted. He explained and said it might be very difficult to get some of the documents for the City Commission to initiate rezoning, and he did not think the City Commission should be precluded from initiating rezonings based on the submission requirements. Mayor Cassandra noticed there has always been a concern to move them out when there have been 46 stipula- tions and conditions when the P&Z Board looked at it. At this point, he asked if they do not come before the P&Z Board if it is not fully documented. Mr. Annunziato answered that it has been addressed proce- durally through the Technical Review Board (TRB) process. It isn't a law, but the TRB has taken the position that beyond a certain level, plans will not be forwarded to the P&Z Board. If there are strong objections from any Board member, if the plans are so incomplete so as to be incomprehensible, or if there have been 20 or 30 conditions, ~he TRB has, of its own volition, been excluding them. Mayor Cassandra asked how they could support the TRB by saying not by their likes or dislikes but that the Code says it has to be. Mr. Annunziato thought that should be something after the process they were doing now because it is a touchy situation. Mayor Cassandra explained to the audience that some developers make the TRB do their job for them. That was not what the City Staff was being paid for. Their job is to make sure what the developers have done complies with the City's Code. Mr. Annunziato reiterated that was something they needed to talk about. -10- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 11. Limitation on further consideration Mr. Cannon explained that this exempts the City Commission from the one year limitation on rezoning. That was the area where Mayor Cassandra thought they should not be exempt. He gave an example of an applicant getting a strong denial from the P&Z Board and then withdrawing the applica- tion. Mayor Cassandra thought the applicant should still be liable to that one year stipulation. Mr. Cannon advised that stipulation would still apply. This would remove that one year stipulation if the City Commission is the appli- cant. There was discussion. If a plan is withdrawn, Mr. Annunziato believed the current zoning regulatiOn says they cannot resubmit for one year. Vice Mayor Marchese recalled a recent case where an applicant submitted plans, and he resubmitted plans within the one year. Vice Mayor Marchese was under the impression that the applicant would have to wait a year before coming back. Mr. Annunziato advised that the zoning regulation also pro- vides that if you reduce the intensity of a project (traffic impact, square footage) you are, in effect, a new applica- tion. It is in many of the zoning regulations that you can- not submit the same application. They tried to address this several years ago when they put in this criteria. In response to Mayor Cassandra, Mr. Annunziato said the City would have to conclude whether what the applicant submitted was accurate. Philip Bacon, business owner on North Federal Highway, was informed by Mayor Cassandra that if a business wanted a piece of property rezoned and was turned down by the P&Z Board, he would still go before the Commission. If the Commission turns the application down, the business would have to wait one year before coming back. If you go before the P&Z Board and are denied and then withdraw the application, Mayor Cassandra said you still would have to wait one year. 14. Modifications to master plans of planned zoning districts and modifications to conditions of zoning for conventional zoning districts Mr. Cannon explained that the P&Z Board wished to have the heading for this paragraph clarified. It presently says "Modifications to conditions of zoning." The P&Z Board wanted to make sure it included PCDs, PIDs, etc. -11- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Page 28 G. REVIEW OF DECISIONS OF BOARD OF ADJUSTMENT Mr. Cannon said the City Staff is suggesting that a para- graph be added. They are proposing that a new standard be added for a variance to the lot frontage in order to build in residential zoning districts. If property is not avail- able from adjacent properties in order to make the lot conforming, the applicant would have to provide with the application an affidavit to the effect that he has attempted to acquire the property, and it was not possible to acquire additional property. Mayor Cassandra (a former member of the BOA) said the City has a law that if one owner owns three properties that do not conform to the new plot size, the owner must combine and replot the three properties to two pieces of property. The City has been exposed to people who sold one plot to a friend and another one to another friend and yet had control of all three plots. By Mr. Cannon's definition, the middle property could build because the other two properties do not want to sell to them. If the middle property is allowed to build, the City must honor the non-conformity of the other two properties because there would be no way the other pro- perties could ever get more property. Mayor Cassandra thought they were opening up a loophole. As they go further into the regulations, Mr. Cannon said the City Staff has fixed the ownership to a certain date, which would be the date of the adoption of the Ordinance. It references the ownership as recorded in the tax rolls, so Mr. Cannon said they could go back and look it up in the tax rolls. He told Mayor Cassandra the zoning regulations Prohibit you from creating non-conforming lots and agreed with Mayor Cassandra that he would never be able to sell it. Mr. Cannon confirmed that was correct and said the zoning regulations limit the extent to which you can divide your property and sell it. Commissioner Hester (also a former member of the BOA) pointed out that there are a lot of non-conforming lots that are 50 feet. If he would buy a piece of property knowing it ils not conforming, it would not be a hardship. Mayor Cassandra referred to the lawsuit by Gallo saying the City ils not letting him use his property. If the City loses, What they were doing now will not be legal. -12- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Page 29 Mr. Cannon said on this page, they go into requirements when a non-conforming lot is grandfathered and when it is not. Mayor Cassandra stated that he was just raising questions of concern. The City has a pending lawsuit which could throw everything they were doing now out the door, and he thought the City staff should be aware of that. Mayor Cassandra was concerned about the right of selling his property and not selling his property. If someone would want to buy his property and he owned the middle piece of three non-conform- ing lots, he wondered if he could sell it. If he sells it, Mayor Cassandra said he would be forcing the other two lots to have a hardship even though he would be the same owner. Now the City would be telling him he could not build a house when houses are on both sides. Mayor Cassandra recommended that they closely look at all of the pros and cons of that. C. NONCONFORMING LOTS If you have more than two lots, Mr. Cannon said the parcels would have to be combined to meet the minimum lot frontage and minimum lot area required by the zoning district. In the middle of page 29, it fixes the point when ownership is determined. Mayor Cassandra thought his argument held true for this also. Commissioner Mann said this paragraph describes a minimum lot as 5,000 square feet, and his argument was that it was way too small. He asked why they were going with that figure. In the R-1 to R-3 zoning districts, Mr. Cannon said the minimum lot area presently is 6,000 square feet, and the minimum frontage is 60 feet. Many areas of the City are platted with 50 and some with 25 foot lots. A 50 foot frontage is a very common frontage for a non-conforming lot. That was true in 1920, and Commissioner Mann questioned whether they were still going to continue allow 50 foot lots in 1988 and the year 2000. At some time, they will have to stop and say, "No more." As an example, Mayor Cassandra said some of the people who bought the plots have 50 foot lots, and there might be separate owners. That is the problem. There was discussion. Commissioner Mann asked if they wanted the City to continue with 5,000 square foot lots as a minimum. City Manager Cheney replied that the City has a lot of cases where they -13- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 have 50 foot lots sitting by themselves with a house on both sides. They either let someone build on the lots, or they can have a vacant lot forever. In most cases where they have 50 foot lots, all of the other houses that have already been built were built on 50 foot lots. Therefore, the kind of house to be built on the lot will be consistent with the neighborhood. City Manager Cheney explained that they are not putting a 50 foot lot in a neighborhood that has 100 foot lots. They are recognizing that there are 50 foot lots in the middle of a lot of those 50 foot lots. They either let someone build on them or if they are not buildable, then the City has someone taking it to Court and saying the City will not let them use their land. Where there are two 50 foot lots, the question is whether to make them combine them into one lot. If they are combined into one lot in a neighborhood where everything else is on 50 foot lots, City Manager Cheney said they will be pushing someone to build a house on a 100 foot lot, which is inconsistent with the neighborhood. Commissioner Mann commented that, therefore, it was the wish of this group to allow 50 foot lots to continue. City Manager Cheney was just trying to put before the Commission the question of, "What will you have if you don't and you tell a guy he can't use it?" Mr. Annunziato wanted to zero in on this and see if he could come up with something the Commission Would be interested in doing. He said the City has 50 foot lots that are non- conforming, where as a property owner or purchaser of the property, you are unable to acquire additional land because it will make the adjacent lots non-conforming. Mr. Annunziato said the City staff thinks someone should have the right to build on that land without the benefit of a variance because it is a benefit to the City to have the lot developed because the lots become a nuisance. The question becomes, "What happens to the guy that owns two lots together?" Mr. Annunziato referred the Commission to the paragraph below "c" and the one below that which reads, "Up to two (2) ." If the intent is just to allow single lots to be developed without the benefit of a variance, he expressed that maybe the answer is to limit it to single lots. If a person has two lots, he may exceed the minimum but still not reach what is necessary in the zoning category. Mayor Cassandra thought that was the better way. What they were saying now is that people will not have to pay a fee -14- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 to go before the BOA when this is passed. As a matter of right, Mr. Annunziato responded that people can say there is nothing else they can do on a lot. Mr. Cannon explained page 29 and paragraphs 6 and 7 on page 31. Page 31 B. Nonconforming lots in nonresidential districts Mayor Cassandra said the City has had a dollars and cents picture where an application does not go in front of Boards. It was his feeling that any commercial piece of property built anywhere in the City should go through the review boards. He explained. Mr. Annunziato advised that those regulations are currently in Chapter 19 of the Code of Ordinances, and these issues were not addressed in this set of regulations. He asked if that question could be addressed as a part of this public hearing and if amendments could be made to Chapter 19. City Attorney Rea answered that they could not be because it was not advertised as such. Mayor Cassandra did not want anything to slip through, and he commented that they have slipped through because the Code allows them to slip through. He thought there should not be a dollars and cents but that they should go through the TRB. Mayor Cassandra elaborated. City Manager Cheney stated that issue was on another list. There were certain things Mayor Cassandra felt had to be addressed quickly. The Board Members' qualifications have to be addressed. Commercial areas should go through the Boards so that landscaping, parking requirements, ingress and egress especially on sensitive streets, and the entrance to our City can be addressed. Mayor Cassandra told City Manager cheney he thought those things should be addressed as quickly as possible. As they begin to look at those regulations, Mr. Annunziato thought it might be helpful to the City Staff if they could be thinking about modifications like the Automatic Teller Machine (ATM) which do not affect the site. He wondered if they should be subjected to such rigorous review. Mayor Cassandra referred to the one the other night that was a replacement. Mr. Cannon further explained this paragraph. Mayor Cassandra was in favor of reducing the variance procedure by using common sense. -15- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Page 32 Mayor Cassandra said he does not like "CONDITIONAL USE", and he thought they had discussed not allowing it and putting it in another zone. He was not talking about churches, but he wanted them to tighten up on Conditional Uses. The best example Mr. Cannon could think of was Day Care Centers, as they are the most common Conditional Uses. Mayor Cassandra called attention to drive-through restaurants and adUlt entertainment. He thought there were conditional uses in every zone (C-l, C-2, C-3, and C-4). Mayor Cassandra questioned whether they should throw con- ditional uses that are in C-1 into C-2, uses in C-2 into C-3, etc. City Manager Cheney advised that there are some uses that no matter where they go, the City will want to add additional conditions to them. He explained and added that he thought if the City was not happy with the conditions, they needed to review the specific conditions to refuse. D. STANDARDS FOR EVALUATING CONDITIONAL USES Mayor Cassandra asked if this would come out of the review tonight. Mr. Cannon answered that the Commission could ask them to come up with some additional language. The Commission agreed to this. City Attorney Rea interjected that, for example, drive-ins are conditional uses, and they could add some additional conditions as far as distance from another drive-in. Mr. Annunziato asked if the City Staff was to look at the conditional use criteria as they currently exist with an eye to making them more restrictive. ~he Commission agreed with Mayor Cassandra that was what Mr. Annunziato was hearing. Pages 33 to 47 Commissioner Mann asked that the first page again indicate the advice of the P&Z Board, which took a very strong posi- tion on that matter. He wanted it in capital letters on the first page, and he thought the Commission had to be reminded of what the P&Z Board was advising them to do. Discussion re Public Hearing on Group Homes City Manager Cheney referred to the group homes and asked if they were going to take any more testimony because, if they were not sure they had all of the testimony, then they did not have a public hearing. If they continued the public -16- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 hearing for two months from now, then they would not be closing the public hearing on the other items. He asked if they wanted to close the public hearing tonight and have the public hearings on the second reading of all of the Ordinances, or continue the public hearing. If they con- tinued the public hearing, they would be continuing all of these things. If they closed the public hearing, they would close it on all of them. If they closed the public hearing on this portion, Mayor Cassandra said the reading of the Ordinance would open up the public hearing again, at which time the Commission could veto what they approved tonight. City Attorney Rea and City Manager Cheney agreed. If they closed the public hearing, City Manager Cheney said it would just give the City a chance to move into the Ordinance preparation. Mr. Annunziato recommended that they conduct the hearing and ask for public testimony now. Mayor Cassandra intended to do that after the Commission took a break. THE COMMISSION TOOK A BREAK AT 8:50 P. M. The meeting resumed at 9:00 P. M. PUBLIC HEARING Public Hearing on Group Homes Leonard W. Kanonik, 1330 S. W. 28th Avenue, did not wish to speak, as Mayor Cassandra had "said it all". Roger T. Barr, 1241S. W. 27th Avenue, President of four ~orporations, did not want to see group homes or foster .omes in any residential area of the City. He saw nothing wrong with them in commercial areas. They are a business the way HRS runs them. If they would tighten the definition ~o a married couple that takes in chilren in their own home, Mr. Barr would see nothing wrong with them. The way HRS defines it, to him, their foster homes were group homes. Mr. Barr did not think a government agency should buy a home, hire help, and run it in a residential area. It was Mr. Barr's feeling and the feeling of many workers in his establishment and most of the responsible adults he had poken to since the last meeting that these homes belong in ommercial zoning. A man in the audience concurred with Mr. Barr's comments. -17- MINUTES - SPECIAL CITY COMMISSION MEETING ' BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Steve Shultz, 1164 S. W. 27th, Golfview Harbour Mr. Shultz agreed with Mr. Barr that if you have a couple that wants to adopt or take in foster children in a family environment, he could see it would be conducive for the children. What is in Golfview Harbour is nothing more than a government institution that has been brought into a family community. They do not want that. Mr. Shultz reiterated that what they have is a government institution with a revolving door in front with people coming and going. He studied the boards in front of the Commission and to him, the dots looked like bullet holes, like someone shot up the City. Mr. Shultz predicted that would happen. Commissioner Hester moved, seconded by Vice Mayor Marchese to close the public hearing on group homes. Motion carried 5-0, and THE PUBLIC HEARING ON GROUP HOMES WAS CLOSED. REZONING REQUESTS Mayor Cassandra announced that a public hearing would be held on each of the following items: 1. Request for the rezoning of properties along the east side of North Federal Highway from C-4 General Commer- cial to C-2 Neighborhood Commercial submitted by Carmen S. Annunziato for the City of Boynton Beach. This request is submitted for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report (North Federal Highway) Mayor Cassandra read that the recommendation of the P&Z Board was that this be denied. Mr. Cannon confirmed that was correct and said he would tie the application with the proposed changes to the C-2 regulations. Mayor Cassandra said the Commission had six things to do tonight. One of the recommendations was to increase the permitted use in C-2. Mr. Cannon stated that this concept was included in the original community redevelopment plan when Urban Design Studio went through the Land Use and zoning in the entire community redevelopment area. They recommended that the lots along the east side of U. S. 1 be changed from C-4 to C-2. The reasons for that were: (1) Since there are single family homes immediately to the east and the lot depth is very shallow, changing the zoning -18- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 to C-2 would eliminate the nuisances that you might have if you put an auto body shop, used car lot, or wholesale use next to a single family residence. (2) It was thought that changing the zoning to allow only retail uses would improve the aesthetics along that commer- cial strip, which is particularly important because this is the northern entrance to the Central Business District (CBD). Mr. Cannon referred to the overlay and explained the zoning. Along U. S. 1, it is currently C-4. To the east is R1A up to N. E. 10th Avenue. Then it is R-3 north of N. E. 10th Avenue. The depth of the lots is about 100 feet until you get to the Rustic Retreat Retirement Home, and that is approximately 200 feet deep northward to the Boynton Canal. Currently, there is a mixture of different types of land uses (retail uses and heavy commercial uses). Mr. Cannon said a used car dealer, automobile repair establishment, restaurant, a flower shop, patio furniture shop, Rustic Retreat (which is an ACLF), and Apollo Pest Control are there. Close to the Boynton Canal is a car wash and a boat sales establishment. The E&A report that the Commission adopted in 1986 picked up the recommendation contained in the redevelopment plan and reiterated it with the condition that this only be instituted if the number of retail uses in the C-2 district is expanded. Mr. Cannon said that right now, there is a very limited number of retail uses that are allowed in the C-2 zoning district (probably a dozen or so). What'was being proposed in the zoning text amendments the Commission just considered was that virtually all retail uses be allowed in the C-2 zoning district. Mr. Cannon clarified that is what you would typically find in a strip shopping center. The last time they met, Mayor Cassandra thought they tried to clarify what constitutes a small retail shopping center. He thought they talked about sales tax as a reference, and he wondered if they had clarified that. Mr. Cannon referred to the handout, and Mayor Cassandra observed that it was on page 1. Mayor Cassandra read, "Consider revising definition. . ." "Sale of goods only to household consumers, Or office or professional equipment and supplies, for use in offices, or any other sale in the form of personal property," and said it deviated from what they had before. Mr. Cannon said he looked at the section of the Florida Statutes deal- ing with sales tax. It is a very lengthy and complicated -19- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 portion of the Statutes. Mr. Cannon thought it would be unwise to refer to retail sales tax, and he explained. Mayor Cassandra asked if Mr. Cannon was satisfied with the new definition (that the City does not get in there unwanted types of businesses). Mr. Cannon thought this was a suffi- cient definition and had what the City wanted to say. It would include non-profit organizations. Mayor Cassandra asked if a pet store could go into the C-2 district. Mr. Cannon answered that it is currently a permitted use, and it would continue as a permitted use. He confirmed Commissioner Zibelli's statement that no outside kennels would be allowed. Mr. Cannon mentioned that this was something contemplated in the original CRA plan. It was carried forward in the E&A report, and they thought it was reasonable if they expanded the number of retail uses allowed in that zoning district. Mayor Cassandra asked if anyone wished to speak in favor of the rezoning. Howard Burns, 11 Fenwick Place, owns property on N. E. 12th Avenue, east of Federal Highway. He asked if this they were going to zone this C-2. Mr. Burns questioned whether the P&Z Board recommended that it be changed to C-2 or whether they rejected it. Mayor Cassandra replied that the Planning Department, in doing what was followed through as far as the E&A report, recommended that the C-4 zoning be changed to C-2. That recommendation went to the P&Z Board, who denied the recommendation. Now the Commission was reviewing both thoughts and listening to the people. Mr. Burns was for changing it to C-2. Jim Marsh, indicated on the overlay the property he owns on N. E. 12th Avenue. Mayor Cassandra noticed that Mr. Marsh's property is behind the proposed zoning change. Mr. Marsh was also for the change to C-2 zoning. Bill Rose, Mariner Village, said that while the zoning did not affect him, the congestion, etc. does. From his property, he can see the car wash and Showtime, and he did not want any more of that. Mr. Rose hears the car wash all night long. John Schiavo, Mariners Way, lives across from Mr. Rose, and Concurred with him. -20- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Frances Rose, 611 N. E. 12th Avenue, was concerned about noise, maintaining the family environment, clean water, and not polluting the canals. Therefore, she was for it. Mayor Cassandra asked if anyone wished to speak against the rezoning. Philip Bacon, lives in Delray Beach, but he is the owner of the self service car wash on North Federal Highway. He indicated the location of his property on the overlay and stated that he opposed the zoning change because it would mean an economic hardship for him. He stated that every other business that will be created will become a non- conforming business in that zoning district. Presently, Mr. Bacon said they were talking about expanding the uses in C-2. However, going from the north, he said they were talking about seven or eight businesses (the boat sales place, car wash, Apollo, the auto repair, where there was a party boat place, and the Old Dutch Tavern) that are presently conforming businesses that will become non-conforming businesses. Mr. Bacon said that by February 1st, he will be closing his business from 10:00 P. M. until 7:00 A. M., but he said the larger question was that they were talking about eliminating 1/3 of the entire C-4 zoning that is in the City. C-4 is on the other side of the street, along Boynton Beach Boulevard, and some on the other side of the tracks. There is no C-4 zoning west of town or in the south part of town. There is no place to move to be conforming. Frankly, Mr. Bacon did not feel this was fair. He will lose the value of his property. If he would become a non- conforming business, he understood he could stay open because he will be grandfathered, but he was worried about the City's policies on non-conforming businesses. Mr. Bacon talked about his business and said he has been thinking for some time about an attractive mansard. He stated that the City's policies regarding non-conforming businesses is very restrictive. Generally, a non-conforming business is not welcome in a zoning area. If he comes in for a mansard to improve the appearance, he will get turned down. If he has necessary repairs or permits for fences, signs, or anything he will have to approach the City about and is non-conform- ing, Mr. Bacon felt it would be open season towards his business because he will be non-conforming. He bought the property because he needed C-4 zoning for a self-service car wash. -21- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Mr. Bacon said it is possible that we could have a hurricane. He said to suppose his business went down, as well as half of the other businesses in the City. If he is out of business for six months and is non-conforming, Mr. Bacon said he will not be able to get a license to build again. If they have a hurricane the size of what hit Louisiana 15 years ago, where it wiped everything out, he asked what will happen to his business, his livelihood, the mortgage on his house, his kids' education, and his living if he cannot rebuild his business. That was why Mr. Bacon did not want to be in non-conforming zoning. Mr. Bacon emphasized that he was opposed to this. The busi- nesses along there are needed in the area. If the City does not permit them any place to be in business, the citizens of Boynton Beach will be unable to avail themselves of their services. Mr. Bacon told of who uses his facilities every week, and he elaborated. John Mirisola, owner of Apollo Termite & Pest Control, 1304 North Federal Highway, has lived in Boynton Beach for 33 years and has had four business enterprises on U. S. 1 in commercial areas. U. S. 1 has always been commercial, and it has never been a residential situation here. Mr. Mirisola said his business is here to eliminate insects from commercial buildings, restaurants, hotels, and homes. Their office here is basically an administration office. 35 people work around there, mostly in the administrative line. The P&Z Board unanimously voted for this to be turned down. Mr. Mirisola said nothing is happening in that area except business. Mr. Annunziato said it is a nuisance to have vacant lots, and he agreed. Mr. Mirisola said they are trying to improve and beautify their lot but because of the Code and zoning uncertainties, it is very difficult to do. The land was bought as C-4 in 1977. Somewhere along the line, without Apollo knowing about it, the City called the exterminating business out from C-4. Mr. Mirisola wondered if the people who did it realize what the exterminating business is. They do not spray insecticides around their property. They conduct business there. It is an administra- tive building on U. S. 1. The business is conducted in the field. Mr. Mirisola stated that it will be a financial hardship on them to have this down zoned from C-4 to C-2. He hoped the Commission consider the P&Z Board's decision and that they -22- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 would consider that he bought the property under those conditions. Mayor Cassandra thought the record should show that the Apollo representative also spoke on January 6th, and he believed he was the only one that spoke at that time. If they become a non-conforming use, Mayor Cassandra asked if the C-4 businesses can upgrade their property and get a permit. Mr. Cannon answered that they can only do repairs and maintenance not to exceed 20% of the value of the building each year. If the car wash wants a mansard to make it less than a car wash and it exceeds 20%, Mayor Cassandra said they cannot do it. Mr. Cannon replied that was correct. City Manager Cheney confirmed Mr. Cannon's state- ment that the car wash could not put a mansard on it but could only do repairs and maintenance, and he added that the reason for non-conforming uses is because of the theory that they should not be in that zone and, eventually, you want them to disappear. Therefore, you make them non-conforming and do not allow improvements to extend their life because that is inconsistent with non-conforming. You can say they can maintain what they have, but you do not allow improve- ments that make their life longer. Assuming we get a Class 5 hurricane, and Mr. Bacon's busi- ness is wiped out, Mayor Cassandra asked if Mr. Bacon can rebuild what he had. City Manager Cheney replied that he could not. With reference to Apollo, right now Mayor Cassandra said Mr. Mirisola cannot park his truck there. Mr. Cannon confirmed that is correct, and he explained that extermina- ting is not a permitted use in the C-4 zoning district. Mr. Mirisola informed Mayor Cassandra that it was okay in 1977, and he had no idea when it went out because they were never notified. They did not have an opportunity to defend themselves. Mr. Mirisola adamantly said that whoever makes these decisions should come down and see what his business is all about. He reiterated that they are administrative and asked, "What do you think we do down there?" City Manager Cheney asked if they have material and supplies there. Mr. Mirisola replied that most of their material and supplies are not kept there. City Manager Cheney asked if the City has had complaints about leaks in the past from materials that were kept there. Mr. Mirisola answered, "Absolutely not," and he added, "That's not what this is -23- MINUTES --SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 about anyway." Mayor Cassandra told Mr. Mirisola that when changes to the Code are made, it is referenced in the Code book, so he could find out when the change occurred. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli was having a problem with this because the west side is C-4. She asked what made it so different on the east side, and she wondered whether it was because some residences are behind it. Commissioner Zibelli commented that it has been the same usage. Mr. Annunziato asked the Commission to recall that this was a recommenda- tion that came out of the redevelopment plan for the Centr.al Business District (CBD). Mr. Annunziato explained that at that time, it was Mr. Hank Skokowski's recommendation to the Redevelopment Agency and the City Commission that in order to improve the entrance to Boynton Beach, it made sense to change land uses. Also, because there was a desire to promote residences in close proximity to the CBD, it was to protect those residences and ~heir land values. As Mr. Skokowski looked at the situation on Federal Highway, Mr. Annunziato said he recommended that the Commission adopt the policy that the property change in land use from C-4 to C-2. That was the recommendation that would have been adopted when they adopted the CBD regulations except that there was an inconsistency between that regula- tion and the Comprehensive Plan so it was taken under advise- ment by the P&Z Board. When the P&Z Board did the E&A report, they changed the land use to a local retail commer- cial category. Mr. Annunziato repeated the two reasons for the change. Commissioner Zibelli pointed out that they were saying it would enhance the entrance to the City, but they still have C-4 on the other side with Showtime, the yellow building that sells furniture, etc. She did not totally agree with that portion of it. For the benefit of the car wash and Apollo, Mayor Cassandra stated that he has advocated the beautification of the entrances into the City. By the same token, he did not want to put anybody out of business. With due respect to the car wash, that was something Mayor Cassandra would not like to see coming into the City. He explained why you cannot beautify a car wash. The Apollo administrative building was different. -24- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Mayor Cassandra stated that the arguments of the car wash and Apollo were good but, in his opinion, they left out that if the zoning is left as C-4, they will also be allowing all of the other elements that the City does not want into the vacant land area. He noted that they said vacant land has not been developed for the last five or ten years, which is right, and he asked if they ever thought it was possible that it had not been developed because of what is there now. Mayor Cassandra was concerned for everybody in the City. Businesses were involved and, therefore, if that was the consensus, they would be making non-conforming businesses. It was a very strong consideration that the Commission had to make, and Mayor Cassandra explained that if the Commission decided to go from C-4 to C-2, the car wash and Apollo would be non-conforming and their properties would be phased out in the years to come. Commissioner Hester understood this was in the E&A report in 1986 that the east side changed. Mayor. Cassandra asked why they just changed one side. Mr. Cannon answered that the west side is separated by the railroad track. There was discussion. Regardless of how the Commission felt, Mayor Cassandra stated that he was not in favor of C-4. He stated that the new concept is that U. S. 1 will not be Commercial any more because of 1-95. 1-95 tends to take away the Commercial from U. S. 1 and move it west. There were pro- tests from the audience. A man in the audience disagreed, saying it will never be Residential on U. S. 1, and he gave his reasons. Commissioner Hester thought if one side was going to be C-4, the other side should be also. Mr. Annunziato said the coastal management element is demand- ing that they eValuate the economics, and he thought that would be the appropriate time to evaluate the uses of the land on the west side of U. S. 1. It was his recommendation that the Commission act on the applications before them because he did not think it would detract from any decisions they might make in the future for those properties on the west side. Mayor Cassandra did not know if he wanted to act on this right now without the information on the east side. He thought it was a strong argument, and he felt both sides should be C-2. They were talking about beautifying the entrance to the City, and Mayor Cassandra strongly felt both sides should be looked at, evaluated, and a recommendation made. The Commission should vote on both sides of the -25- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 street. Mayor Cassandra could not see leaving one side C-4 and the other side C-2. Mayor Cassandra informed someone in the audience that they had discussed what they would allow in C-4, and he asked if the proposal was to eliminate some of the uses in C-4. Mr. Annunziato thought that needed to be specifically addressed. He advised that they could do it in connection with the adoption of the Ordinance, or they could do it tonight. After discussion, Mayor Cassandra still thought voting on 1/2 of the street was the wrong way to go. He asked what that would do with the Comprehensive Plan and the E&A report. Mr. Annunziato stated that the City is beyond the one year issue because it was difficult to bring all of these items to the City Commission. At a minimum, the City Staff could not be in the position of addressing that issue in finality until December of this year, if it was taken out of the Comprehensive Plan and done as an individual action. If they do it as part of the Comprehensive Plan, it would not be until the winter of 1989 that they would be addressing it in finality. Mr. Annunziato said they could suggest policies, but it will not be in the Comprehensive Plan's approval procedure until the Fall or Winter of 1989. The City will be transmitting in February or March of 1989. City Manager Cheney interrupted Mr. Annunziato to point out that this Commission will have to make decisions by early 1988 to send this to the Department of Community Affairs (DCA). Mr. Annunziato told Mayor Cassandra the Commission eould address the issue but they could not address it completely or in finality until the Fall of 1989. Mayor Cassandra thought it should be addressed properly, and he asked the Commission to table this until they could come back with the coastal review or the City's own review about both sides. Mr. Annunziato advised that it would make more sense to strike it because they would be tabling it for 1~ years. Vice Mayor Marchese said businesses are going in on the east side that may not be desirable. He wondered if they should get that into the plan and then start working on the west side. He thought the length of time they would have to wait was too great. Mayor Cassandra stated that they had been waiting for 15 years now. He did not understand why they could not address it in 1988. The final Ordinance will be in 1989, but Mayor -26- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 Cassandra felt it could be addressed and finalized. Mr. Annunziato agreed that it could be addressed. They could look at it and make preliminary decisions, but they will not affect the use of land until the Comprehensive Plan is adopted. Then they will stil have to go through the Ordinance adoption procedure. Mayor CaSsandra determined they could not act on this tonight (review the pros and cons of both sides). If any development comes in to develop on that side, he felt they should be told they could become a non-conforming use. Mayor Cassandra thought they should look at the whole thing and that they should also address permitted uses in C-4. Vice Mayor Marchese wanted to see the whole thing C-2. Commissioner Hester reiterated that he did not believe in having half of the highway one way and half the other. Mayor Cassandra felt the consensus of the Commission was not to act on this. Even if the Comprehensive Plan was adopted in the Fall of 1989, Mr. Annunziato said they would still have to implement Ordinances and go back through the zoning procedures like they were in now, they would be in the Spring of 1990 before this could be addressed again unless they address it outside of the Conservation and Coastal Management Element and the City files an application in April of this year like they did others. He said the City Staff can generate the infor- mation, and that would put them at the end of 1988. Mayor Cassandra thought that was the way to go. They could then make a decision one way or the other. City Attorney Rea advised that they should either approve or deny this. City Manager Cheney questioned whether they would be leaving something in the record that could be picked up later on. He asked why they did not just take no action and delete it from the agenda. City Attorney Rea agreed to this. Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to DELETE this item from the agenda. Motion carried 5-0. Mayor Cassandra announced that there would be another public hearing addressing both sides of the street. 2. Request for the rezoning from R-3 Multi-Family Residential to C-2 Neighborhood Commercial for the easterly portions of 1120 North Federal Highway and the adjacent parcel to the -27- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 SOUth submitted by Carmen S. Annunziato for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal. (Rustic Retreat Retirement Home and Adjacent Parcel) 3. Request to rezone Lot 20, Lake Addition to Boynton Beach from R-lA Single Family Residential to C-2 Neighborhood Commercial submitted by Carmen S. Annunziato for the City of Boynton Beach. Lot 20 is located on NE 9th Avenue, 108 feet east of North Federal Highway. This request is submitted for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report. (Lake Addition to Boynton Beach) Mr. Cannon pointed out that these applications were the same thing as above. Mr. Annunziato added that there was no sense in acting on them. Commissioner Zibelli moved, seconded by Vice Mayor Marchese, to DELETE items 2 and 3 from the agenda. Motion carried 5-0. 4. Request for rezoning from C-3 Community Commercial to C-2 Neighborhood Commercial for properties along SE 23rd Avenue between South Federal Highway and the FEC Railroad right-of- way submitted by Carmen Annunziato for the City of Boynton Beach. This request is submitted for the purpose of imple- menting the Comprehensive Plan Evaluation and Appraisal Report. (SE 23rd Avenue) Mr. Cannon said this application came with a positive, unanimous recommendation from the P&Z Board. In doing the E&A report, the Planning Department looked at every parcel in the City as to the suitability of the zoning. In driving up this section of S. E. 23rd Avenue, it appeared that the character of this area was substantially different from most of the other areas in the City that are currently zoned C-3. Mr. Cannon explained that C-3 is intended primarily for heavy traffic thoroughfares like Woolbright Road and U. S. 1. He elaborated and said if you drive along this segment, you can see it is primarily residential (duplexes and single family houses). The lot depth is fairly shallow. S. E. 23rd Avenue is a two lane road, and it probably will stay a two lane road for quite some time. Mr. Cannon said there is also a neighborhood to the north that will not be very well buffered from these uses, and that neighborhood shows some signs of decline. There is a -28- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 mixture of different kinds of residential uses there (apartments, duplexes, and single family houses) and they are showing some signs of maintenance neglect. Mr. Cannon said they thought it best to down zone this to a C-2 zoning district with the provision as to the number of uses. Mostly small parcels are there, and they currently have houses or duplexes on them that are converted to some kind of Commercial use (office or small retail). There was discussion about what is on S. E. 23rd Avenue and how it is zoned. Mr. Annunziato referred to the zoning map and explained the zoning. As no one wished to speak in favor of or in opposition to the request, THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli asked if service stations without major repairs would be allowed there. Mr. Annunziato believed that was currently allowed, as long as it fronts on a four lane collector. Mr. Cannon confirmed that was correct, but added that you would not be able to put a service station at this location because Golf Road only has two lanes. To have a service station in C-2 zoning, you have to have a four lane collector or arterial. Vice Mayor Marchese moved to accept the request and said that it was consistent with the Comprehensive Plan E&A Report. Commissioner Hester seconded the motion, and the motion carried 5-0. Question Regarding Procedure Mayor Cassandra asked if he broke the procedure because they deleted items under public hearing with hearing the public. City Attorney Rea answered, "No, because you deleted them from the agenda." 5. Request to rezone Lot 23, Crestview Subdivision from R-3 Multi-Family Residential to C-2 Neighborhood Commercial submitted by Carmen Annunziato for the City of Boynton Beach. Lot 23 is located at 323 S. E. 23rd Avenue. This iequest is submitted for the purpose of implementing the omprehensive Plan Evaluation and Appraisal Report. Crestview) Mr. Cannon informed the Commission that this request came to them with a positive recommendation from the P&Z Board. The -29- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 application covered one lot at the intersection of 23rd Avenue and the FEC tracks. It is occupied by a doctor's office and does not appear that it will ever be used for an R-3 type use. Mr. Cannon added that there did not appear to be a~problem with allowing either an office to continue there or to allow a small retail use. Rezoning it would be eonsistent with the remainder of the frontage along 23rd Avenue. As no one wished to speak for or against the request, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve the request, seconded by Commissioner Zibelli, and that it was consistent with the Comprehensive Plan E&A report. Motion carried 5-0. 6. Request to rezone Lot 20, Crestview Subdivision from C-3 Community Commercial to R-3 Multi-Family Residential submitted by Carmen S. Annunziato for the City of Boynton Beach. Lot 20 is located at 2226 S. E. 3rd Street. This request is submitted for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report. (Crestview) Mr. Cannon said this request covers one lot, which is presently occupied by a duplex, as are the two lots to the north of it. This is merely an attempt to straighten the zoning district's boundary. When the zoning districts were originally adopted, this lot was included in the Commercial zoning category. Mr. Cannon pointed out that it would seem reasonable to prevent Commercial uses from intruding up that residential street. He said the owner could put a Commercial or a retail use there that would be open until late hours and intrude on the neighborhood. It would also set a Precedent for rezoning the apartment building across the street to a Commercial use, which would create a further intrusion on a residential street. Mayor Cassandra asked if anyone wished to speak in favor or against the request. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to approve the request and said the request was in compliance with implementing the Comprehensive Plan E&A Report. Commissioner Zibelli seconded the motion, and the motion carried 5-0. -30- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 21, 1988 ADJOURNMENT There being no further business to come before the Commission, the meeting adjourned at 10:00 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Commissioner ATTEST: I City Clerk Recording Secretary /f (Three Tapes) ~ s i oner -31-