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Minutes 10-19-72MINU~ES OF THE SPECIAL CITY COUNCIL MEETING AND FdBLIC HEARING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, OCTOBER 19, 1972, AT 7:50 P. M. PRESENT: Rober~ B. Effron, Fmyor Mrs. Emily M. Jackson, Vice Mayor John L. Arahie, Councilman Hsmold L. Btanehette, Councilman David Roberts, Councilman Travis E. Xillgore, Ci%7 Manager Mrs. Tereesa 'Padgett, City Clerk Gene Moore, City Attorney there is memDers of Mayor Effron c~11ed the meeting to order at 7:57 P. M. This Public Hearing is on the Proposed Zoning Map and PrOposed Zoning Regulations. FOr a poi~. of fnfozmation, Mayor Effron stated that it waS felt by. this COUncil tha~. due to the f~ct that the orig/nal Public H-e~n=s on the Proposed zon/~g M~p and P~gulations were held last February i~ ' would be up-dating of this~ because o~ the lapse of t/me. We the Zoning Map and two on the research, and going back over the and ~ealizing the con, sion would like to poll know/ng that on N~vember Hearing on the up-dated Ccmprehen- _1962 we had a ComDrehensive. Master Plan, and he feels that the City ~oynton Beach has been remiss in tk~ the p~an has not been up-d~ Georgia border any more. mun~ty in ion the cannot c~me into Florida people who retire and young people ,. It behooves every e~- this ~rowth and in his opin- through density contacts. I be//eve p~oper base can be at- Also, in density Iris duced as mum of 45 j the newly proposed ordinance o~ which public hearings in the new p~o. posal, the would be excessively high. considerably re- be controlled at a max/- The Mayor =hat he has gone through the technical report on the ?lan done by the consultants, Candeub and ~ that is in the ~eport premature on this heaz~ing. hearing on the up-dated Compre- the if~ th/s is discussed and adopted and after the hearing on have to turn around and the la~d use map. I feelings as far as not to wait until we have the up- -l- MINUTES SPECIAL CITY COUNCIL MEETING A~ P~BLIC HEARING OCTOBER 19, 1972 dated c~mprehensive maste~ plan hear/ng~ knowing the~e wilt be changes to that. M~s. Jackson agreed with the Mayor. She stated that she attended the Land Use Advisory Board meeting for the Co~/%t~, and was shown slides a~d movies~ and it showed her that we have to take a second look on density: The Board is going to be ready to present plans to the County Commission on October 27, a second meeting November 9, and then a final meeting on: November 16. She feels they are going to be working along with us, and would I/Re to See this postponed. ~Mla.~t~r Effron stated with t~his rega~d~ the meeting o~ Octob. er 27th d~ ~e ~c~omat~ ~ea. of ,~ B~ County. ~is ~ ~he~ Te~on fo~ dewing ~is ~il ~tem ~e meet~g of ~ob~ ~7. Mr. Roberts went along with the reeommendation~ but feels that s/nee so ma~y people have taken the t/me to come here we might get some construc- tive eritio~sm from them~ and they should be given an oppo~tun/ty to be heaTd. M~. Blanchette stated that the proposed zoning map has been p~olonged for 5 oT 4 years: and h~s become obsolete to work with. h new zoning map and plan should be con. idered. Mr. Archie agreed in essence with what has been said. He is against this business of petting off and putting off. There are two avenues we can utilize: To utilize Candeub and Pleissig, who is going to present us with an over all Comp1~_hensive Mastem Plan~ at $7~ 500 to draw up a Zoning Map and Oral/nonce; 2. To-utilize the man we hi, ed in the fimst place: the Planner, to-take cate of these things. We can utilize oum own people to draw up a new zoning map and o~dinance to coincide basfe~%y with the ~eport by Candeub g Fleissig. Maybe he ca~ ~ti]~e Candeub & Flelssig in an adviso~y capacity. Let's take action this evening and either give the job to Mr. La,gent o~ give it to Candeub & Fleissig. Mayor EffTon Stated that at the t/me we hired Candeub & Pleissig, we received a $28,200 grant fT~ the State Improvement Fund for this up- dating of the Comuz~hensive Mastem Plan. Their technical report has been condensed into a book along with a brochure that shows maps. We oTdered 100 books and 500.broc.hu.~es. When Mm. Largent was hired in Nov- ember~ 1971, it was the fi~ t/me this City had a pls/%ner. It is a necessary step in ou~ local government today to have our own Planning Depa~.~,ent. Mayo~ ~££~on asked Mr. La,gent if he and his department could prepare a zon/ng map and zoning regulations that comply with this technical repose. -2- MINUTES SPECIAL CITY COUNCIL MEETING AND P~BLIC HEARING OCTOBER 19, 1972 Mm. La,gent stated that he has prepared 10 to 15 zon/ng o~dtnanees and about 7 master plans in the past, and'he could p~epame the zoning map and o~dinance, and he would solicit the help of the City CoUncil and all others as to their thi~ng. He est/mated that it would pith- ably take about 4 mo~ths to prepare such a map and ordinance. Mr. Arehie asked M~. Lazgent if he would like Candeub & Flaissi~ as an advisory. Mr. Largent stated that this is done many times. He would like them to cheek over any plan o~ ordinances we smmive at at least once, to see if they feel we get the concepts of the plan they have prepared, on a per diem basis. We owe it to ourselves to make one check with expe~ts to see. that we hav. e the latest in zord.ng. Mayor Effron suggested that he wo~ closely with the County Planning Depaz~cment. Mayor Effron stated that the hardest job the CoUncil b~s is rezoning. The biggest complaint is definition. He suggested that it be b~ought down to simple layman language. If this could be done he would appre- ciate it - keep it brief and understandable! Mr. Archie made a motion that this Public Heeming be cancelled, and instruct Mm. Lsmgent and his staff to p~oceed to p~epa~e a new zon/ng map and zon/ng ordinance to co-ordinate with the plan of Candeub and Pleissig, seconded by Mms. Jackson. Discussion followed. Mrs. Jackson pointed out that this would be a long term plan~ some- thing to work with for many years° Mr. Killgore asked about the moratorium on ~ezoning. If you don't ex- tend it you still have an indefinite moratorium. Motion caz~ied 5-0. Mayor Effronthen stated that theme are over 20 City Boards. One very busy boa~d is the Planning ~ Zoning Board. He asked the members of the Board p~esent to stand. Mr. Olds~ Mr. Weaver, Mr. Ayers and Mr. Kost- ncr stood up. This Board has worked fo~ yea~s on the proposed zoning map and regulationsthat we just shot down. He thanked the Board for the f/ne fob they have done. The work and effort of the Board was not wasted. Mrs. Jackson feels the moratorium should be kept on for awhile longe~. Mayor Bffron stated that if it was 1/~ted, the ~ezoning application would go through the p~oper procedure. The CoUncil will still have the final say. If it is l~ted~ any rezoning that would come in should be checked w/th the Master Plan of Candeub & Flsissigto see that it is not the exact opposite of the intended plan. MINUTES SPECIAL CITY COUNCIL ~ETING AND PUBLIC HEARING OCTOBER 19, 197~ Mr. Bl~nchette moved to ]i~t the moratorium with the recommendations Gene Moo~e, City Attoz~ney, pointed our that the oou~ts frown on it, if it is caz~ied on fo~ an extended pe~od of time without something eon- stzuctive being done. It would be k. ind of hard to explain and someone Could ha~e a Px~r~ ~t~ug case against the City. Mms. Castello brought out that the County has a moratorium on the u~in- _~..~po~ated ameas; s~meone that wants to annex ,will ask the City if the City does not have a moratorium. Albez~ Weh~ell stated that it leaves us with the old 1962 zoning map and ordinance. The~e a~e many tkin~s wrong with the plan, that is whM we a~e making a ~ch~.ge, not so much with the plan but the lack of restrietion~ in the- Ordi~amce itself. Our Pla~ Board was left without site plan approval. M~. Wehrell fumt~er stated there is lack of maximum density per acre in R-5 and C~m~ercial zones. Mrs. Jackson proposed an ame,ndment to the moti.on t9 lift the moratgrium whe~ ~e have a site plan o~iinance and beautifzcatmon ordmnance wrmt- ten. Nm. Blanchette accepted the amendment. Mayor Effron pointed out that we have site plan approval now, but we don't haveit ~n' o~linance' form. Each department bead reviews each and eve~ plan as far as the site and makes reco~menda~io~m. Mrs. Jackson stated that if it is not in ordinance fora, we cannot hold them to it, Mr. Largent was mn. tructed o~ a priority basis to immediately proceed on site plan approval ordinance and community appearance ordinance. Motion ca, tied 5-0. Robert Boy,er expressed his approval of the action taken tonight on the proposed zoning plan. Fo~Test Wallace recommended that the people that sent in petitioD~ be notified, so that they know what is actually happening. Mrs, F~y Sta~ed that she is concerned about ,what will happen in the meantime. We are not doing anything to add to beautifioation. She asked if the~e could be an emergency ord/nance to ~et beautification started o The Mayor expressed his belief that the proposed beautification ordin- ance was much too stringent and would not hold up in court. -4- MINhTE$ SPECIAL CI~f ~OU/~CIL MB~TtN~ ~AND FdBLI~ ~ARIN~ OCTOBER 19, 1972 Mayo~ Eff~n stated that ~. ;e~ ~s ~o g~ve it ~op ~ ~s, F~ spoke in ~e of the p~ o~ ~~ to ~ve a m~et~g ~th he~ ~ee b~o~ ~s~~ the B~~i~ ~e to the ~ A~o~ =o see ~ =h~ w~d ~e =o ~ ~y ~ges. ' Mr. Lar~ent stated he wo~ld t.r~M~ to have the Site ance ~e~dM fo~ the nex~ Comncii meeting-. ~.,CESS Eme~geney O~dinanee No. ?2-52 - Bond Referendum on the Ne~. Libraz~ M~. Moo~e z~dy Emergency O~dinance No. 72-~2 //3 its entirety. F~. ATch/e moved to adopt Oz~L~nance No. 72-52 on first and f/hal read/ng, seconded by Mr, RObez~cs. Motion eaz~ied 5-0, M~s. Jackson asked M~. Moo~e if he is checking into the f~mst meeting M~. Moore stated that it is his opinio~ that the meet/rig should be held on the first Monday /n January, The elected offfc/als should be p~esent so that they can agree on the appo/ntments. Only the Judge has to be appointed on that day. ~Ma~or E~.?n. U~ed .eyemyone to get out and vo~e on the ~*~sa~y re~eren- cum, as it ~s someth/ng we definitely need. M~eting adjourned at'. 9:20 P. M. city -5-