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Minutes 08-06-87MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, THURSDAY, AUGUST 6, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Leonard Mann, COmmissioner Dee Zibelli, Commissioner ABSENT Ezell Hester, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney (Excused) I. OPENINGS A. Call to Order Mayor Cassandra called the meeting to order at 7:30 P.M. B. Agenda Approval: 1. Additions, Deletions, Corrections Mayor ~Cassandra inquired if there were any addi- tions, deletions, or corrections to the Agenda. 2. Adoption There being no additions, deletions, or corrections to the Agenda, Mayor Cassandra stated the Agenda was approved as submitted. II. Review of Planning Director's Memo to the Planning and Zoning Board Regarding Rezonings Pursuant to 1986 Comprehensive Plan Evaluation and Appraisal Report Carmen Annunziato, Planning Director, advised that this meeting's Agenda consists of six requests for rezonings pre- pared by the City staff which implement actions taken by the City Commission in the adoption of the Comprehensive Plan Evaluation and Appraisal (E & A) Report in December, 1986. This is the first in the series, and there will be two more series of rezonings one which will be presented to the Planning and Zoning Board on September 2, 1987. An introduction will be provided to the Planning and Zoning Board as-'a synopsis of what activities had been accomplished at this evening's meeting. These six requests fall out of - 1 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH August 6, 1987 the adoption of the Evaluation and Appraisal Report. Five of the requests were direct recommendations by the staff, and one request was a recommendation by the Planning and Zoning Board sitting as a local planning agency to the City Commission. In all instances through the adoption of the Evaluation and Appraisal Report, this is the implementing activity in connection with the previously set policy. Mr. Annunziato advised that the Agenda package included copies of the Future Land Use Plan which shows the future land use. In addition, language is included from the Evaluation and Appraisal Report which suggests the action to be taken. Mr. Annunziato recommended that separate public hearings be conducted and recommendations be made to the City Commission on the rezoning applications. If the Planning and Zoning Board recommends approval of these rezoning applications, these recommendation should include findings that each application is consistent with the adopted Comprehensive Plan. Mr. Annunziato announced that Mr. Cannon would make a pre- sentation on each of the rezoning requests. ae Consider request submitted by Carmen S. Annunziato, to rezone from R-3, Multi-Family Dwelling and C-2, Neighborhood Commercial to REC Recreation, for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report. This property is located on North Seacrest Boulevard, west side, between Boynton parkway and NW 19th Avenue. (North District Park Site - American Legion) Mr. Cannon advised that this particular design recommen- dation was discussed under Area 11 of the Evaluation and Appraisal Report, which is included on Page 122 of the Agenda Package. He stated that Application A consists of primarily twenty acres which is owned by the City of Boynton Beach. There is also a small parcel owned by the American Legion in the extreme southwest corner of this par- ticular application. In regard to the use of this parcel, it has been built up as a clubhouse and that would continue to be a permitted use under the REC zoning designation. - 2 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 cob serve the entire no~ When this property is developed, it will be combined with the Rolling Green Park which occupies the REC district at the northwest corner of the subject parcel. Together these two parcels will prise the north district park which will thend of Boynton Beach. Mr. Cannon stated tk specifically recomm~ fronts on Seacrest ~ the rear be rezoned Mr. Cannon added tha City's Comprehensive and recreational fac districts. He noted western part of the EvalUation and Appra of the sand pine scr dition. Mr. Cannon advised t mously recommended t approved based upon doing, the rezoning Comprehensive Plan. Mayor Cassandra inqu request. There was CLOSED. Mayor Cassandra aske raised from the City In response to Commi completion of the Am advised the center a which should be appr at the Evaluation and Appraisal Report nds that the C-2 zoned property which oulevard and the R-3 zoned property to to recreational. t this request is consistent with the Plan of situating all the City's parks lities in the recreational-zoning there is a few sand pine scrub on the ite. However, a policy exists in the sal Report which requires at least 25% ab be preserved in its natural con- ~at the Planning and Zoning Board unani- %at the rezoning application to REC be 5he results of their findings that in so ~ould be consistent with the [red if anyone wished t° comment on this ~o response. THE PUBLIC HEARING WAS if there were any questions to be Commissioners. ~sioner Zibelli's inquiry concerning the ~rican Legion Center, Mayor Cassandra )plied for an additional financing loan )ved in the near future. Commissioner Zibelli inquired as to the amount of acres in the sand pine area and believed the multi-purpose facility should require only about ten acres. She recommended saving a little more than five acres of the sand pine acreage. Peter Cheney advised there has never been a statement as to how much or as to what area would be used for activities. At least 25% of the sand pine area must be saved in order to be consistent with the Comprehensive Plan. A determination - 3 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 must be made as to what type of recreational facility and activity is needed for the northend and how much land is to be saved for environmental reasons. Commissioner Zibelli made a motion to approve the unanimous recommendation of the Planning and Zoning Board to rezone from R-3, Multi-Family Dwelling and C-2, Neighborhood Commercial to REC Recreation, for the purpose of imple- menting the Comprehensive Plan Evaluation and Appraisal Report. The motion was seconded by Vice Mayor M~rchese. A roll call vote was taken on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Mann Commissioner Zibelli The motion carried 4-0. Aye Aye Aye Aye Consider request submitted by Carmen S. Annunziato, to rezone from R-3, Multiple-Family Dwelling to C-2 Neighborhood Commercial for the purpose of imple- menting the Evaluation and Appraisal Report. This property is located 100 NW 19th Avenue. (Sunrise Academy Site) Mr. Cannon stated that this request is an after thought of the first application. If you rezone the City-owned pro- perty to REC, you wind up with a small sliver of R-3 zoned property. This request is an attempt to place the entire parcel under one zoning district. Obviously, it is awkward to have such a small parcel split by two zoning districts because there are different uses and different setbacks. The owners of the building have indicated that they would renovate the property and reopen it as a daycare center or a school so the uses and setbacks may become important if they add on additional buildings. This would not affect the use of the property as a daycare center or as a school since daycare centers and schools are classified under conditional uses, and in both the R-3 and C-2 building districts. When their occupational licenses lapse, Mr. Cannon believed they would probably have to go back to conditional use approval in order to reopen it as a daycare center. Mayor Cassandra asked if anyone wished to speak in favor of or in opposition to the proposed request. - 4 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Mr. Cheney advised he had recent conversations with repre- sentatives of the owner of this subject property as of this afternoon, and they are willing to sell the property to the City. Mr. Annunziato advised the area which is being rezoned is about 4,000 square feet; the entire parcel is about 17,000 square feet. Mr. Annunziato pointed out the location of the subject parcel on the display board. THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli realizes that the City needs daycare centers and that this subject property was a daycare center for sometime, but it was not very well maintained or operated. She suggested that strict regulations be followed if another daycare center is recommended on this property. Vice Mayor Marchese moved to approve the unanimous recommen- dation of the Planning and Zoning Board to rezone from R-3, Mutliple-Family Dwelling to C-2 Neighborhood Commercial for the purpose of implementing the Evaluation and Appraisal Report. The motion was seconded by Commissioner Zibelli. A roll call was taken on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Mann Commissioner Zibelli Aye The motion carried 4-0. Ce Consider request submitted by Carmen S. Annunziato, to rezone from R-1AA, Single-Family residential to R-3 Mutliple-Family Dwelling for the purpose of implementing the Evaluation and Appraisal Report. This property is located at the 2500-2600 block of North Federal Highway. (Lake City Trailer Park and Adjacent Parcel). Mr. Cannon explained the area shaded on the overlay occupies approximately 5.3 acres at the northern boundary of the City between U. S. I and the Intracoastal Waterway. The City limits run along the northern boundary of this application, bordering the Town of Hypoluxo on the north. The Hypoluxo Marina occupies two narrow east-west parcels immediately to the north of Application B. Mr. Cannon advised there are two parcels which are subjects of this application - the northern parcel is occupied by the Lake City Trailer - 5 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Park, and the southern parcel is currently vacant. Both of the parcels run from the Intracoastal Waterway to U. S. I, and the front of the parcels with a depth of 200 feet is zoned C-3 which would continue. This was not originally recommended in the original draft of the Evaluation and Appraisal Report which was forwarded to the Planning and Zoning Board. However, during the course of the Public Hearings on the Evaluation and Appraisal Report, the owner of the trailer park brought up the fact that under the R-1AA zoning, the subject property would probably not be developed for single-family housing because there is 40 foot storage shed erected along the nort~hern boundary of the property. After some deliberation by the Planning and Zoning Board at their recent meeting, it was decided that the R-1AA zoning was not appropriate. However, they were not willing to go as far as to recommend that it be rezoned commercial, but decided to meet the owner of the property halfway and recom- mend that it be rezoned to R-3 and that the density be changed to moderate-density residential to high-density residential which would allow 10.8 units per acre. Discussion arose at the recent Planning and Zoning Board as to whether the two parcels would be an appropriate site for a marina. As part of the 1988 Comprehensive Plan, Mr. Cannon advised that the City must prepare an analysis of water-dependent uses. Therefore, the City must look at how much water will be allotted to marinas, how many bays, how much storage facilities are available, and whether they are adequate to meet the current and future needs of the City. With regard to the marina located on this parcel as well as other vacant parcels up and down the Intracoastal Waterway, Mr. Cannon advised the 1988 Comprehensive Plan will require a new depth analysis indicating what each and every vacant parcel along the Intracoastal Waterway should be used for in light of the State's demand for the so-called "water uses." Mr. Cannon recommended that the property be rezoned from R-1AA to R-3, based on the need to implement the Evaluation and Appraisal Report. Mayor Cassandra asked if anyone wished to speak in favor of or in opposition to the proposed request. As there was no response, THE PUBLIC HEARING WAS CLOSED. In response to Commissioner Zibelli's inquiry, Mr. Cannon advised there was concern projected by the residents as to the use of Dimmick Road for access to the site regardless of - 6 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 what ~would be developed. At the recent Planning and Zoning Board Public Hearing, one owner indicated that he preferred to have the commercial zoning district but he would go along with the R-3 zoning. Mayor Cassandra stressed his concern with the normal policy of buffering down or downzoning from an R-1AA to R-1 etc. In this instance, it is jumping from an R-1AA to an R-3. He was not certain if the people who desire R-3 realize what can go into R-3, and once it is decided this is an R-3 zone, there is no means of stopping what goes in there. He expressed his apprehension to R-1AA that in the near future there could be a downzoning of R-1AA because it is not com- patible with what will be built in the area. He did not know if the R-3 zone next to R-1AA is a normal policy and in consideration to other property owners, Mayor Cassandra suggested buffering the R-1AA zone. Mr. Annunziato explained if the density is high, there are ways to accommodate that situation. There can be a lower residential density while still maintaining an R-3 zoning category and ensuring consistency with the Comprehensive Plan. Mayor Cassandra pointed out the fact that once the decision is made by the City Commission to approve R-3 zoning, the City is locking in all the R-3 uses stipulated by the City Code Regulations. Mr. Annunziato affirmed that at the Planning and Zoning Board meeting, these issues were discussed at great length. There is potential in an R-3 area to enforce height restric- tions lower than 45 feet. Additionally, he pointed out that in an R-3 zoning area, a pier for boat dockage is permitted but not a public or private marina. Commissioner Zibelli moved to approve the request submitted by Carmen S. Annunziato to rezone from R-1AA, Single-Family residential to R-3 Multiple-Family Dwelling for the purpose of implementing the Evaluation and Appraisal Report. The motion was seconded by Vice Mayor Marchese. The roll call vote was taken on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Motion carried 4-0. - 7 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 De Consider request submitted by Carmen S. Annunziato, to rezone from C-4, General Commercial to C-3 Community Commercial for the purpose of imple- menting the Evaluation and Appraisal Report. This property is located at 2280 North Federal~Highway. (Shooters on the Water Restaurant and Lounge). Mr. Cannon described Applications C-i, C-2, and C-3 zoning on the overlay display. He explained Application C-1 is the property occupied by Shooters Restaurant and Lounge. He advised the C-4 zoning on this property apparently is a holdover from the time the property was occupied by the Gulfstream Marina. Under the current C-3 zoning regula- tions, a marina, commercial docks, restaurants and nightclubs are permitted which allows more of a housekeeping-type application. Mr. Cannon further explained the main difference between C-4 and C-3 zoning is that in addition to the C-3 uses which are primarily restaurant, retail and office uses, the C-4 zoning allows wholesale uses and repair services. It is highly unlikely that any of the uses that are allowed exclu- sively in the C-4 zoning district would ever be placed on this property. A safeguard would be desirable to downzone from C-4 to C-3. This zoning would not in anyway affect the uses of the property as a restaurant, nightclub, boat dockage, marina, or hotel. Mr. Cannon confirmed that P. L. G. Enterprises owns the northern lots which is leased to Shooters Restaurant. He stated Shooters Restaurant owns the southernly located two lots and noted that Lots %8 and %9 are both undeveloped. Mr. Cannon reitereated the Planning and Zoning Board's recommendation that the application be approved and that it is consistent with the Evaluation and Appraisal Report. Mayor Cassandra asked if anyone wished to speak in opposi- tion of this application. Patricia Rathburn Attorney with Law Offices of Atkins, Jennings, and Cohen in Hollywood, FL - 8 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 MS. Rathburn advised she represented Shooters of Boynton Beach, Inc. which is the owner of Lots 7, 8 and 9. Her client also has a long term lease on Lot 6. Ms. Rathburn stated her client purchased Lot 7 in 1985, after confirming the uses permitted under the C-4 zone designation. Her client was diligent in their efforts to determine the zoning designation in order to ensure it was suitable for their present use and any future use they would contemplate. Additionally, the commercial zoning on the property was necessary to support the purchase price of the property. In May, 1986, her client was notified of the pro- posed land-use amendment changing the use of the property from C-4 to C-3. At this time, her client understood the only way the zoning could be changed from C-4 to C-3 was if the City considered a change on the entire parcel, which included Lots 6, 7, 8, and 9 to C-3 zoning. Ms. Rathburn stated that Shooters of Boynton Beach is opposed to the amendment to the Comprehensive Plan of down- zoning from C-4 to C-3. She advised that this action would have a negative financial impact on her client who did his best to ensure that the zoning on the property permitted the uses they paid fOr prior to spending a substantial amount of money on purchasing the property. Ms. Rathburn respectfully requested the City Commission to deny the application to rezone the property and to direct their staff to restore the C-4 land use designation on the subject property. Mayor Cassandra asked if anyone wished to speak in favor of the proposed request. Barbara Traver 632 N. E. 20th Lane Boynton Beach, FL Ms. Traver read the following letter submitted by the Homeowners of Watersedge: "We the undersigned ask for your support in approving the rezoning of: 2280 N. Federal Hwy; from C-4 to C-3 and 2100 N. Federal Hwy. from C-3 to R-3. - 9 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 On July 28, 1987, the Zoning and Planning Board of Boynton Beach, along with the homeowners of Watersedge agreed that these changes would only enhance the quality of living in our city. We don't need or want another Mini Mall, Tire Store, Auto Parts place, or Topless Bar in our community. It's time to start cleaning up our city and encouraging the beautification that all of you are working so hard for. We appreciate the hard work that was put into our parks, they are now a wonderful place for all of us to enjoy. The plans for the downtown marina shopping area will be a terrific plus for making Boynton Beach a financially successful and beautiful place to live. Ail we ask for is a continuation of preserving the growing beauty of our city that you have started. We sincerely thank you for your consideration of this ~ssue, and hope you vote in favor of these zoning changes." Mayor Cassandra made note to the record that this letter and petition submitted by the Homeowners of Watersedge is for the Application under discussion and for the next applica- tion to be discussed. There being no further response, THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra pointed out for the record Tim Cannon's official statement that the zoning from C-4 to C-3 would not hurt the owner as far as present use is concerned. Mr. Cannon confirmed that this change in the zoning would not prohibit the expansion of the restuarant or the establishment of a marina, and would also permit a hotel to be erected on the subject property under C-3. The major differences are the C-4 zoning district allows wholesale uses and repair garages. - 10 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Jean Sherman 730 N.E. 20th Lane Watersedge Boynton Beach, FL MS. Sherman noticed the other day driving by Shooter's Restaurant that there is a large tent on the water next door to it. Mr. Cheney explained that was a one-day charity event. However, Mayor Cassandra advised this item would be further investigated by the City Manager. Vice Mayor Marchese made a motion to approve the rezoning from C-4, General Commercial, to C-3 Community Commercial, for the purpose of implementing the Evaluation and Appraisal Report. The motion was seconded by Commissioner Zibelli. A roll call vote was taken on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye The motion carried 4-0. Ee Consider request submitted by Carmen S. Annunziato to rezone from C-3, Community Commercial, to R-3, Multiple-Family Dwelling, for the purpose of implementing the Evaluation and Appraisal Report. This property is located in the 2100 block of North Federal Highway. (Watersedge and Adjacent Parcel) Mr. Cannon advised that in the original draft of the Evaluation and Appraisal Report which the Planning Department submitted to the Planning and Zoning Board, the Planning Department recommended that part of the Watersedge Development which was zoned C-3 be rezoned to R-3. In the course of the public hearing, it was suggested by the resi- dents of the Watersedge Development that the vacant pro- perty, which occupies the frontage on the two lots to the north of Watersedge, be rezoned from C-3 to R-3. Shooters of Boynton Beach Inc. owns both of those lots which extend from U. S. I to the Intracoastal Waterway. The front 1/3 of the parcel is presently zoned C-3 and the easterly 2/3 of the parcel is zoned R-3. - 11 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Mr. Cannon stated the Planning and Zoning Board transmitted this recommendation to the City Council. As Ms. Rathburn indicated at the Planning and Zoning Board hearings, Mr. Monroe who is the President of Shooters of Boynton Beach, Inc., stated he would consent to the rezoning of the C-1 Application from C-4 to C-3 only if that property and the two lots to the south, Lots 8 and 9, were rezoned in their entirety from R-3 to C-3. Mr. Cannon believed the confusion stems from the appearance at the City Council hearing on the Evaluation and Appraisal Report by Mr. Morton Goldstein who spoke on behalf of Mr. Miranda who is apparently connected with the Shooters organization. Mr. Goldstein stated at the City CoUncil meeting on July 2, 1986, that he and Mr. Miranda would consent to the C-1 Application, and they would also consent to the rezoning of the frontage on Lots 8 and 9 from C-3 to R-3 Residential. It was the ~mpression at the City Council hearing that the residents of Watersedge, the Planning and Zoning Board, and Shooters were all an agreement, and based on that con- currence, the City Council adopted the future land-use plan showing all of Watersedge Development and Lots 8 and 9 as high-density residential. This naturally implied that pro- perty should be rezoned from commercial to multiple family designation. Mr. Cannon stated that at the public hearing conducted last week, the Planning.and Zoning Board reiterated that this was their position, and they made a unanimous recommendation that the City Commission rezone all of this property on the Watersedge Development and Lots 8 and 9 from the current C-3 zoning designation to R-3 multiple family designation. In response to Commissioner Zibelli's inquiry, Mr. Cannon explained in view of the fact that there are multiple family developments that are built in many locations along U. S. I, it is not unusual to rezone R-3 along a federal highway. Commissioner Zibelli stressed her concern that if multi- family dwellings are erected next to Shooters, the residents will complain about the noise. In response to Mayor Cassandra's inquiry, Mr. Annunziato clarified that in a R-3 zoning district varying ranges of residential development are permitted. He pointed out the predominance of U. S. I has greatly diminished over the last ten to fifteen years with the inception of 1-95. The land use depicted with the strip of C-3 zoning reflects a period - 12 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 of history in Florida when U. S. I was the only north-south lane in town. With traffic moving away from U. S. I, the importance of U. S. I diminishes and the importance of the commercial zoning diminishes. What has been developed in Boynton Beach is a series of commercial uses which cannot seem to stand on their own. Mr. Annunziato was not certain if the C-3 zoning along this portion of U. S. I is a disser- vice to the property owners as much as a disservice to the City. This is an issue that Mr. Annunziato would like to investigate further in connection with the next Comprehensive Plan effort. Mr. Annunziato commented there have been several problems with small shopping centers along U. S. I as they border the single-family and other residential areas. Businesses fail, upkeep diminishes, and it becomes a problem with code enforcement. He believed an economic analysis was required to determine the necessity or the viability of the C-3 zoning districts along U. S. I. Mayor Cassandra referenced the issue of waterfront property and the future State requirement of marina-type usage, and questioned if this area would come under attack by the State for possible marina usage. Mr. Annunziato commented that the Planning Department could assist in the site development process to the extent that the non-residential portion uses of a R-3 development would be adjacent to the Shooters business property and the resi- dential uses to the southerly portion. He reiterated that these are site-planning issues, and that most of the problems can be diminished through proper site planning. Patricia Rathburn Attorney with Atkinson, Jennings, and Cohen Law Offices 1946 Carter Street Hollywood, FL Ms. Rathburn stated she represented Shooters of Boynton Beach, Inc. As indicated on a previous presentation on Lot 6 and 7, Ms. Rathburn's client purchased these lots in December, 1985, and prior to purchasing investigated the land use to determine their uses. Approximately five months after closing on the property, her client received notice of a proposed land use amendment on Lots 6 and 7 from C-4 to C-3. Lots 8 and 9 were not included in the amendment propo- sal. Mr. Rathburn's client appeared at the public hearing in June, 1986 and protested approval of this amendment on Lots 6 and 7. Lots 8 and 9 were discussed only in passing, - 13 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 and Mr. Monroe left the meeting with the impression that the Board would consider his overall proposal of C-3, and that no action was proposed at that time on Lots 8 and 9. At the June 30, 1986 meeting concerning the land-use amend- ment, Ms. Rathburn's client suggested as a compromise all of the lots be changed to C-3. At this meeting, several com- ments from the people in the audience suggested that the Board should consider Lots 8 and 9 included in the applica- tion, and the land use amendment be changed to residential. As reflected in the meeting minutes and as alluded by Mr. Annunziato and Mr. Cannon at the Planning and Zoning Board of June 30th, Ms. Rathburn stated that the Planning Director indicated that the Planning Department did not recommend that Lots 8 and 9 become residential but recommended that C-4 become local retail. As late as the second Planning and Zoning Board, Ms. Rathburn advised it was not included in the amendment package. Her client left that meeting with the understanding that no action was suggested to change Lot 8 and 9 to residential, and he felt secure in the represen- tations of the staff that they did not propose changing Lots 8 and 9 to residential. Subsequent to that meeting, the City Commission at a public .hearing recommended that the land use of Lots 8 and 9 be amended to residential. Her client was not represented at that meeting since he was under the impression from the Planning and Zoning Board meeting that no Changes in the land use were suggested for Lots 8 and 9. Therefore, he was unpleasantly surprised to receive the notice that application for rezoning on Lots 8 and 9. Ms. Rathburn stated she had appeared at the Planning and Zoning Board meeting on July 28, 1987 on behalf of the cor- poration, and at that time, she advised the Board of her client's position. The corporation purchased Lots 8 and 9 as part of a package, and the purchase price for the three lots was based on the then existing zoning - C-3 on the front, C-4 in the back of the northern lot, and R-3 for Lots 8 and 9. Ms. Rathburn advised the Planning and Zoning Board that the purchase price was based on commercial frontage on Federal Highway. A residential usage with a density of 10.8 units would never demand the price of commercial frontage on Federal Highway. She advised that residential development is only viable when the land costs are in line, and noted that commercial property is usually priced higher than resi- dential. - 14 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Ms. Rathburn further stated that the minutes of the land use hearings reflected that the Planning Department did not recommend the change to R-3, and there has been no indica- tion that the character of this neighborhood has dramati- cally changed from the time her client purchased the property or from the time the Planning Department initiated the amendments. It appears that the inclusion of this pro- perty in the land use amendment for the adjacent Watersedge property is a result of a reaction from a small group of residents who appeared at the meeting rather than a result of a planning recommendation. The land-use amendment and rezoning of this property appears to be a reaction of the residents who at the time they purchased this property, the entire strip of property along Federal Highway was zoned commercial. Ms. Rathburn noted that east of Federal Highway and north of Boynton Beach, there is not a piece of frontage on Federal Highway that is not commercially zoned. She advised if the rezoning application is approved, there will be one small area of residential in an area which is entirely C-3. Ms. Rathburn stated there was no justifica- tion presented for selecting this two lot area out of all the C-3 frontage on Federal Highway and rezoning it to resi- dential. Ms. Rathburn concluded that if the City has determined that rezoning this parcel residential would be a viable and acceptable use on Federal Highway, she believed the proper course of action to follow would be to review the entire area as a whole and approach it from a planning standpoint of looking at the entire frontage on Federal Highway instead of on a case by case basis. Ms. Rathburn stipulated that any action to rezone this pro- perty would result in a denial of her client's due-process rights and causing her client to suffer a severe economic hardship for no public purpose. Ms. Rathburn requested that the City Commission deny the ~ezoning application for Lots 8 and 9, and direct the staff to restore the C-3 land use to this property. Mayor Cassandra asked if anyone wished to speak in favor of the rezoning request. - 15 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Robert McDermott 702 N. E. 20th Lane Watersedge Boynton Beach, F1 Mr. McDermott stated he was in favor of having the subject parcel rezoned from C-3 to R-3, Multi-Family. He noted that in front of Shooters Restaurant there is a fountain and obviously they are not going to put a commercial establish- ment in that location. Therefore, this would leave a very small strip of land on which to put a commercial establish- ment in front of Lots 8 and 9, and it would be a very limited commercial area. As was pointed out by the Committee, with the amount of traffic on Federal Highway, it is doubtful that such a small commercial establishment would be successful. Mr. McDermott pointed out that north of Las Palmas is the Inlet Harbor Plaza which is residential. He stated there are other residential areas in this area. Mr. McDermott supported changing the zoning of Lots 8, 9 and 10 from C-3 Commercial to R-3 Residential. Lisa Landis 620 N. E. 20th Lane Boynton Beach, FL MS. LandiS stated she is a single woman who is always con- cerned about the safety of herself and her neighbors. She believed that rezoning the subject parcels greatly reduces the safety risks of the residents of Watersedge. Ms. Landis recommended that C-2 be rezoned R-3 Residential. Ms. Landis extended her appreciation to the Planning and Zoning Board for their concerns and hard work in preparing the Comprehensive Plan. Rebuttal Patricia Rathburn Ms. Rathburn pointed out that her client cannot afford to place residential on his property. There is no way with a density figure of 10.8 units per acre that this property can support the purchase price. In reference to the crime fac- tor, there are instances of rape in residential units. She did not believe that a particular zoning designation has anything to do with whether the area would be more crime- ridden. - 16 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 Ms. Rathburn advised this property was purchased as commer- cial and the owners would prefer it to remain commercial. Don Ferrer 600 N. E. 20th Lane Watersedge Boynton Beach, FL Mr. Ferrer stated he was a new resident of the community. He suggested determining the purchase value of the property, and commented that he had difficulty understanding the owner's financial impact. In regard to square footage value of commercial property versus square footage value of residential property, Mr. Annunziato advised that the square footage value of commercial property is probably about $5.50 a square foot while the per unit value would be about $20,000 at the sub- ject location. However, Mr. Annunziato pointed out that the value of land has nothing to do with this discussion and should not be a consideration either by the courts or by a legislative body sitting in a zoning action. There being no further discussion to be presented in favor or in opposition to the proposed request, THE PUBLIC HEARING WAS CLOSED. In response to Commissioner Zibelli's concern to site de- velopment of the subject parcel if zoned residential, Mr. Annunziato stated it depends on how land is site planned. He admitted there is no question that the property directly adjacent to the Shooter's Restaurant property would be less desirable. However, a developer would probably erect units further south closer to the Watersedge Development and plan recreational amenities or parking lots to the north. Mayor Cassandra voiced his concern for the protection of the City and agreed that U. S. I must be reviewed as soon as possible. In response to Mayor Cassandra's inquiry, Mr. Annunziato responded that spot zoning is not being created in this area. He made note of the many multi-family residences located along U. S. I. and stated that the continuation of R-3 along U. S. I is a continuation of the boundary line and not a spot zoning. - 17 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL AUgust 6, 1987 Mr. Annunziato stated the eastern 2/3 of Watersedge is currently R-3 and the western 1/3 is C-3. He stated that a commercial establishment cannot be built in front of the Watersedge Development. Vice Mayor Marchese moved to approve the rezoning from C-3, Community Commercial, to R-3, Multiple-Family Dwelling, for the purpose of implementing the Evaluation and Appraisal Report. The motion was seconded by Commissioner Mann. A roll call vote was taken on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Mann Commissioner Zibelli Aye Aye Aye The motion carried 4-0. Consider request submitted by Carmen S. Annunziato, to rezone from C-3 Community Commercial to REC Recreation for the purpose of implementing the Evaluation and Appraisal Report. This property is located at 2010 North Federal Highway. (Boat Club Park Site) Mr. Cannon advised that this application is delineated by C-3 as depicted on the overlay and is a housekeeping appli- cation wherein an attempt is being made to keep all of the City's park land in the REC zoning category. Presently, the frontage on Boat Ramp Park is zoned C-3 and is being rezoned to REC Recreation. Mr. Cannon pointed out that Maury's Lounge would continue in C-3 as a non-conforming use, and in essence, will remain as a spot zoning. Mayor Cassandra pointed out that he would like the adult entertainment thoroughly investigated through the Codes. Mr. Annunziato noted that this problem was addressed about three years ago. He noted that not only is it a conditional use but there are several limiting conditions. Based on the law at the time, he determined that the City cannot prohibit adult usage but they can regulate it. As a result, the City has regulated adult establishments to the point that the probability of having additional adult uses is very low. Mayor Cassandra directed a statement to Raymond Rea,City Attorney, concerning adult establishments and the - 18 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL August 6, 1987 "grandfather clause". He requested that an investigation be made into the feasibility of changing the conditional use. Mayor Cassandra asked if anyone wished to speak in favor of or in opposition to the proposed request. As there was no response, THE PUBLIC HEARING WAS CLOSED. Commissioner Zibelli moved to approve the request to rezone from C-3, Community Commercial, to REC Recreation for the purpose of implementing the Evaluation and Appraisal Report. The motion was seconded by Commissioner Mann. A roll call was taken on the motion: Mayor Cassandra Vice Mayor Marchese Commissioner Mann Commissioner Zibelli Aye Aye The motion carried 4-0. Mr. Annunziato introduced Michael Rump, a new member of the Planning Department, and a graduate of the University of Michigan with a Masters Degree in Regional Planning. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 9:05 P.M. ATTEST: ~1~ City Clerk Recording Secretary (Two Tapes ) CITY OF BOYNTON BEACH, FLORIDA Comm± s s ionor o~issionor - 19 -