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Minutes 06-13-95 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 13, 1995, AT 7:00 P.M. PRESENT Stanley DubS. Chairman Jim Golden Vice Chairman Dave Beasley Robert Eisner Maurice Rosenstock Lee Wiscne Wil lam Burton, Alternate Pat Frazier, Alternate ABSF~T Chris Reitz Tambri Hevden. F~lanning & Zoning Director Michael Rumpf, Senior Planner PLEDGEOFALLEGIANCE Chairman Dub~ called the meeting to order at 7:05 p.m., and led the Pledge of Allegiance to the Flag. I NTRODUCTIO N_OFMAYOR, COMMISSIONERS AND .B~OARD. MEMBERS Chairman Dub~ introduced the members of the board. AGEN DAAPPROYAL Vice Chairman Golden moved to approve the agenda. Mr. Beasley seconded the motion which carried unanimously. APPROVAL OF. MIN UTES Mr. Wische moved to approve the minutes of the May 9, 1995 meeting. Vice Chairman Golden seconded the motion which carried unanimously. COMMUNICATIONS AND~ANNOUNCEMEN~S: A. Report from the Planning and Zoning Department 1. Final Disposition of Last Month's Agenda Items Listed below is a report of City Commission action on the following items: Nautica (aka Boynton Nurseries) - Site P]an Approval - Approved subject to staff comments. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 Outpatient Properties - Major Site Plan Modification - This item is still on the table at the City Commission level and should come off the table on July 5. There are issues with unity of title and the buffer wall. Christian Come Alive Deliverance and Conference Center - Major Site Plan Modification - Approved subject to all staff comments. Seventh Day Adventist Church - Major Site ?lan Modification including a shared 9arking study to amend the previously-approved site plan modification - At the end of the meeting, discussion focused around Ordinance 90-19 which amends the parking lot regulations to provide for an exemption to additions to residential recreation areas. On May 22, 1995, City Manager Parker issuedz memorandum to the members of this board stating that the Leisurevil[e addition would be exempt from the parking lot regulations n terms of upgrading the existing parking lot. ~ addition, il was also exempt from the zoning re(]uirement to provide additional parking for the addition. City Manager Parker wil address this further at the next workshop meeting. Ms. Heyde~ distributed parking passes for the July 4th Centennial Celebration. OL.D~ U SII~ ESS A. PUBLIC HEARING LA.NDUSE ELEMENT~MENDMEblTIREZONIb!G (continued from April 11, 1995, and May 9, 1995 meetings) Project Name: Agent: Owner: Location: Description: Lake Worth Christian School J. Richard Harris, Esquire Condor Investments, Inc. East side of High Ridge Road, approximately one-half mile south of High Ridge Road Request to amend the Future Land Use map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional and rezone from Planned Unit Develol~ment (PUD) to R-1AA, Single Family Residential Michael Rumpf made the presentation. In February, 1995, a master plan modification was approved for the Cedar Ridge Estates PUD located immediately south of the Lake Worth Christian School. Part of the master plan modification request included deletion of the subject property from the PUD. Approval of the master plan modification was subject to rezoning of the subject property from the PUD to an appropriate zoning district for assembling the property with the school property to the north for expansion of the school's facilities. This request will rezone and reclassify the subject property consistent with the remainder of the school property. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 The Society included a copy of this conceptual master plan with the subject application for courtesy review by staff to identify and address any problems early in the school's expansion process and to better analyze with this rezoning any potential impacts upon the adjacent planned residential development. The (]lan was atso usecl to evaluate traffic impacts associated with the request. Comments 8 and 9 on Page 6 of Memorandum 95-268 dated June 9, 1995, have t:qe most relevance at this point in ti me. tem #8 documents the necessity to abandon the dedicated right-of-way and snow unity of title. These documents must be submitted prior to adoption of the rezoning ordinance. Item #9 requires that agreements be established between the develooer of Cedar Ridge Estates and the Lake Worth Christian School to ensure proper management of the shared drainage area and maintenance access. These agreements must be submitted prior to adoetion of the rezoning ordinance. The Planning and Zoning Department recommends that the applications submitted by J. Richard Harris and the Lake Worth Christian School Society, Inc., be approved based on the following: The proposed amendment and zoning would be consistent with Comprehensive ?lan objectives and policies: The proposed amendment would not be contrary to the established land use pattern. nor would it create an isolated district unrelated to adjacent and nearby districts, an(] nor would it constitute a grant of special privilege to an individual proper~ owner: The requested land use and zoning would De compatible with capacities of utility systems, roadways, and other ~ublic facilities The proposed and use and zoning would be compatible with the current and future use of adjacent and nearby properties and would not affect the property values of adjacent or nearby properties: The proposed land use and zoning are of a scale which is reasonably related to the needs of the neighborhood and the City as a whole: The proposea land use an(] zomng are consistent with the classification and zoning currently in place on the existing school site: and The proposed land use and zoning satisfy the February, 1995 conditions of the Cedar Ridge Estates master (]lan modification approval. Staff recommends approval of these requests conditioned upon compliance with any comments received from Palm Beach County regarding the traffic study, acceptance of the abandonment application and receipt of all agreements referenced ~ the staff comments, prior to formal aaoption of the rezoning ordinance and incorporation of the staff comments listed in the school's future site plan sub ~nittal. 3 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 l~i_ck HarJ~, agent for the applicant and President of Lake Worth Christian School, said he will make application for the abandonment of the right-of-way as soon as is necessary. He is in possession of the agreement of the developer of Cedar Ridge with respect to ingress and egress, They have conceptually worked out agreements with respect to maintenance of the drainage. ~le will be participating with their homeowners' association. He does not anticipate any problems complying with every request which has been made. They accept all conditions. THERE WAS xlO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Chairman Dub~ pointed out that there will be four properties which will be affected oy the ballpark. Mr. Harris stated that the school has no plans to ]ignt the field at any time in the future. The existing fields have never been I gnte(~. All baseball, softball and soccer games are played in the afternoon. Mr. Harris has discussed this situation with Mr. Basil of the Cedar Ridge development, and he advises that the people who have committed to purchase those parcels are aware of the field and have no problem with it. Mr. Harris believes the developer is using this as a marketing too[. Mr. Rumpf agreed with Mr. Harris' comments regarding the developer using this as a marketing tool since several of the adjacent lots have already been sold. In response to Mr. Rosenstock's question, Mr. Rumpf advised that property owners within 400' of this ~rojec~ have been notified of this request. There were no negative responses. Mation Mr. Rosenstock moved that this applicant. Lake Worth Christian School located at the east side of High Ridge Road, approximately one-half mile south of High Ridge Road, request to amend the Future Land Use map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional and rezoning from Planned Unit Development (PUD) To R-1AA, Single Family Residential, be granted subject to staff comments. Mr. Wische seconded the motion which carried unanimously. A. PUBLIC HEARING Project Name: Petitioner: Description: Policy 7.9.6, Table #24 Text Amendment City of Boynton Beach Request to amend TaMe #24 of the Coastal Management Support Document to show correct maximum density as 20 dwelling units per acre rather than 16 dwelling units per acre for the Special High Density Residential land use category. 4 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 Mr. Rumpf made the presentation. The Special High Density classification was established by the Plan to motivate redevelopment of approximately 10 acres within the coastal area. To mitigate any ~mpacts of this higher density upon mangroves within the area as well as the adjacent residential proper~y, development or design considerations were provided in Table #24 of the Coastal Management Suppor~ Document and adopted into the Comprehensive Plan by Policy 7.9.6. Table #24, which cites specific future land use and design considerations, was finalized in workshops and public hearings prior to completion of the Comprehensive Plan in 1989. The maximum density was discussed repeatedly during the last few day's of those meetings. For a short time, 16 dwellings per acre were proposed, but the maximum was set at 20 units per acre as indicated on the Future Land Use map and as adopted in the definition of this classification in Policy 116.1 of the Comprehensive Plan. Mr. Rumpf displayea the key which is found on the 1Future Land Use map, and Policy 116.1 of the Comprehensive Plan defining the High Density c~assification. Mr. Rumpf explained that this plan was being coordinated with multiple parties, and as the last change was approved, the change was made on the Future Land Use plan. but not on the Coastal Management Element. Staff recommends that this inadvertent error be corrected through the text amendment process as Table #24 currently indicates the incorrect maximum density for the new High Density classification which represents ar interna~ inconsistency within the Plan and since the correction of Table #24 would be consistent with all objectives and policies of the Comprehensive Plan. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Vice Chairman Golden moved regarding Policy 7.9.6, Table #24 text amendment, with a recommendation to amend Table #24 of the Coastal Management Support Document to show correct maximum density as 20 dwelling units per acre rather than 16 dwelling units per acre for the Special High Density Residential land use category. Mr. Wische seconded the motion which carried unanimously. J.~S~SE~ N T A~ENT/RF. ZON ING~~ 2o Project Name: Agent: Owner: Location: Description: 2404 S. Federal Highway Joseph G. Salamone Boynton Jim, inc. East side of South Federal Highway, at SE 23 Avenue (Gentleman Jim's Restaurant) Request to amend the Future Land Use Map of the Comprehensive Plan from Local Retail Commercial to Special High Density Residential, rezone from C-3, Community Commercial to R-3, Multi-family Residential, and amend text of the Coastal Management MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 Support Document~ Table #24 by changing Ene acreage of the Special High Density area from 9.9 acres to 11.35 acres. Mr. Rumpf made the presentation. To prepare this property to be assembled with the adjacent property to the easL and developed with condominiums, the applicant s requesting that the ~roperty be reclassified to Spec]al High Density and rezoned to R-3, Multi-family Residential. In connection with the expansion of the S ~ecia] High Density (SH) area. Table #24 of the Coastal Management Support Documents is to be amended to show the acreage for the SH area increased by the 1.45 acres. Table ~24 describes the area de, ineated for SH and special development regulations intended to both preserve the site's environmentally-sensitive features and to mitigate any potential impacts generated Dy development at this higher density. The applicant requests these cnanges to accommodate an overall residential development tr~rough replacement of the less demanded/valued commercial use. and application of the special maximum density provision of 20 dwel ling units per acre to offset the site soecific development restrictions as required of develooment within the SH district pursuant to Tab]e #24, Coastal Management Support Document. With respect to the text amendment, this is only necessary to properly maintain ti~e Comprehensive Plan, and specifically, the description of Map Area #16 which delineates an area immediately to the north and east of the subject property. Adjacent land uses include John Cases' Streb's Restaurant to the north, undeveloped land to the east ana northeast, Hampshire Gardens to the south and southeast, S. Federal Highway to the west. and the Mobil Service Station farmer west. An analysis of the request indicates that traffic would be reduced by the proposed amendment. The demand for sanitary sewer would increase slightly. Capacity exists to serve me expected increase in potable water demands of the potential project. A Special High Density classification was created and recommended by the Comprehensive Plan to encourage redevelopment and development of the remaining 9.9 acres of undeveloped coastal area in this vicinity. The conversion of this commercial property represents the reduction of land in a land use classification which is projected To have a significant surplus. The existence of mangroves on and near the properb/to the east wi]] warrant management techniques and are addressed or enhanced with more significant setbacks indicated in Table #24, The proposed classification is similar to abutting properties except for John Case's Streb's Restaurant. The SH classification would allow for 15 dwellings more than would be allowed by the Management density of 10:8 units per acre. The higher densities greatly vary along the City's coastal area and range bet~veen 18.8 dwellings per acre to 45 dwellings per acre. At Hampshire Gardens, the density is 22 dwellings per acre. With regard to economic feasibility, the subject property is not undevelopab[e as currently zoned and 6 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 classified: however, there is a greater demand for residential use than for commercial use of this property. Staff recognizes the possibility that the plan assumed t~e planned development of the entire area designated for the new h gher density classification. This assumption would be consistent with the general Comprehensive Plan policies that encourage land assemblage as it prevents isolated uses and preserves natural and man-made resources. Ample capacity exists to serve the maximum potential service needs of this project. The maximum density is less than that of adjacent properties and midway between the densities of larger coastal area developments in the City. Extension of the special Hign Density area would allow for the addition of 29 dwelling units beyonc that recommended by the Plan based on the current 9.9 acres designated for the special High Density areas - an increase of only 13 dwelling units above what it would be if the sut)ject property were developed for multifamily housing in accordinace with the C-3 Community Commercial District or with the High Density classification. Staff recommends that a residential use utilize appropriate residential zoning districts and that this parcel be unified under one classification of zoning district. The Planning and Zoning Department recommends that the application submitted by Joseph G. Salamone be approved based on the following: The proposed amendments and zoning would be consistent with Comprehensive Plan objectives and policies: The proposed amendments would not be contrary to the established land use pattern, nor would they create an isolated district unrelated to adjacent and nearby districts, and nor would it constitute a grant of special privilege to an individual property owner; The requested land use and zoning would be compatible with capacities of utility systems, roadways, and other public facilities; The proposed land use and zoning would be compatible with the current and future use of adjacent and nearby properties and, would not affect the property values of adjacent or nearby properties; The proposed land use and zoning are of a scale which is reasonably related to the needs of the neighborhood and the City as a whole; and The expansion of the adjacent Special High Density classification onto the subject property is consistent with encouraging development of property under one unified classification and zoning district. Vice Chairman Golden questioned the fate of the restaurant if this request is approved. Mr. Rumpf said MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 the restaurant will be razed and the property will be utilized for the multifamily project. The developer is ready To move forward with this development. Jl~)~4~z~[aoz~0~S_~, is the managing partner of Bravo Boynton. They are proposing to build a total of 50 units on this property. The zoning change requested will allow for six additional units. The project will consist of two-stoW units. Chairman Dub~ announced the public hearing. Er~no. ~ion fHan:lp~de~, was concernea with how this project will affect Hampshire Gardens. He asked for further clarification of the project. Mr. Salamone explained that them will be 50 condominium units which will be 1.460 square feet per unit. There are two entrances to the project: one on the south side and one on the north side. There will be eight boat slips - four will be 30' slips, two 40' slips and two 50' slips. Mr. Rosenstock asked whether or not Hampshire Gardens had any objections to this project. Mr. Adano responded that there were no objections from the 2420 Corporation. He stated that they would welcome this project. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THiS PROJECT. Vice Chairman Golden moved to recommend approval of the land use element amendment and zoning and text amendment submitted by Joseph Salamone for Boynton Jim, thC., request to amend the Future Land Use Map of the Comprehensive Plan from Local Retail Commercial to Special High Density Residential, rezone from C-3, Community Commerical to R-3, Multi-Family Residential, and amend text of the Coastal Management Support Document, Table #24 by changing the acreage of the Special High Density area from 9.9 acres to 11.35 acres. Mr. Beasley seconded the motion which carried 6-1. (Mr. Rosenstock cast the dissenting vote.) B. SUBDIVISIONS MASTF~R_P LAN MODIHCAT]O~ 1. Project: Location: Description: Citrus Park (Citrus Glen II PUD) East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Request to modify the previously-approved master plan to reduce existing screen enclosure (screen root~ setbacks, 8 feet to 6 feet rear setback and 15 feet to 10 feet side setback and establish the following pool setbacks: front 22', rear 8', side (interior) 12', side (zero lot line) 2', side (corner) 18', from 8 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 residence 5' and from residence (with shear wail) 3'. Ms. Heyden made the presentation. The typical lot size in this project is 55' x 100', and it is bordered by Citrus Glen PUD on the north~ Citrus Cove Elementary School to the south, residential land to the east in F~alm Beach County, Lawrence Road to the west, and farther west, Nautica. Ms. Heyden referred to Planning and Zoning Department Memorandum No. 95-247 dated May 31, 1995, to explain the request. The approved building setbacks are not affected by this request. With regard to the request to reduce the side yard setback from 15' to 10', staff is recommending that the non-zero line side setback of 15' be maintained for structure and screen enclosure setbacks. She directed the members to Fire Department Memorandum No. 95-268 wherein ~ney maintai~ 15' is necessary based on recent field observations. With regard to the request to recluce the rear setback from 8' to 6', staff has some provisos with the approval of this reduction. Where the rear property line abuts anoti~er unit and where the rear property ine abuts an aojacent project, the rear setback shall continue to be 8'. With regard to the establishment of the above-ground pool setbacks, staff finds them acceptable with one exception. The interior side setback shall be 15' rather than 12', and the corner side setback shall be 20~ rather than 18'. The City Commission made a determination of no substantial change and forwarded it to this board with a recommendation for approval of this request Subject to staff comments. Ms. Heyden also added that there was a recommendation at the City Commission meeting that the proposed name, "Boynton ~states", be changed due to the fact that there are already a number of projects in the City with similar names. Mr. Rosenstock questioned why the developer wants to make the changes to the setbacks. Ms. Heyden assumes it is either to put in a larger structure, a larger pool or a larger pool enclosure. Chairman Dub~ advised that this question was asked at the City Commission meeting, but the representative was unable to provide an answer. Vice Chairman Golden moved to approve the master plan modification for Citrus Park to modify the previously-approved master plan to reduce existing screen enclosure (screen roof) setbacks, 8 feet to 6 feet rear setback and 15 feet to 10 feet side setback and establish the following pool setbacks: front 22 feet, rear 8 feet, side (interior) 12 feet, side (zero lot line) 2 feet, side (corner) 18 feet, from residence 5 feet and from residence (with shear wall) 3 feet, subject to all staff comments. Mr. Wische seconded the motion which carried unanimously. 9 MINUTES PLANNING AND DEVELOPMENT BOARD BoYNTON BEACH, FLORIDA JUNE 13, 1995 C. SITE PLANS Project Name: Agent: Location: Description: Sausalito Groves H. P. Tompkins, Jr. HPT Consultants, Inc. West side of Lawrence Road, approximately 400' north of Gateway Boulevard Request for site plan approval to construct entry wall signage, guardhouse, private recreation (clubhouse, tennis court, shuffleboard court, swimming pool and picnic area) common area lake plantings, buffer landscaping and entry feature landscaping. Ms. Heyden made the presentation. This is a PUD consisting of 164 duplex units. This property was annexed earlier this year. It had a master plan approval in Palm Beach County prior to annexation. The City accepted the master plan at the time of annexation. Site plan approva~ includes project signage. There are two entrances into the project; one on Lawrence Road and one off Gateway Boulevard. Entry wall signage is requested at both entrances. They are also requesting private recreation facility approval. The streets are private and the entrances to the parking areas are off private streets. They i~ave met the requirement to provide 30 parking spaces. Elevations were displayed for review by the members. The clubhouse and guardhouse are a Spanish Mediterranean style with an "S" tile roof and earth-toned stuccoed walls. Color samples were available showing the earth tones and the accent color of "WindsurfBlue". The signs proposed will be of the same co]ors and will be illuminated from the ground with fixtures. The letters will have a "teal" finish. Staff recommends approval of this request subject to all staff comments. Pa~ess Tompkins, 2295 Corporate Boulevard, Boca Raton, agreed with all staff comments except one made by John Wildner regarding additional recreational amenities in the picnic area. Mr. Wildner suggested a volleyball court or a tot lot. The applicant does not feel these facilities would be appropriate for this community which is targeted for residents 55 years of age and older. He requested relief from this comment. Mr, Wische requested staff's input regarding Mr. Tompkins' request for relief. Ms. Heyden reported that a revised memorandum was received from the Recreation and Parks Department which was based on conversations with Mr. Tompkins. Mr. Tompkins stated that he told Mr. Wildner that he would discuss the request with the owners. The owners believed they had an approved site plan when they were annexed into the City. During the annexation process, they showed the City Commission the amenities proposed. They were surprised 10 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA .IUNE 13, 1995 staff has requested additional amenities. They do not feel a vo eyball court or tot lot would benefit the residents they are marketing. Mr. Tompkins stated that he does not know what other amenities he could include in the picnic area that have not already been included. Ms. Heyden confirmed with Mr. Tom pkins that they support the inclusion of the picnic area, but not the inclusion of a volleyball court or a tot lot. Ms. Heyden explained that she l-as never noted a time when the Recreation and Parks Department has asked that a picnic area include a volleyball court or a tot lot. She believes this is a miscommunication. The point of contention is usually the number of pis and tables. Mr. Tompkins said that was not discussed. Ms. Heyden offered to work out a solution with the Recreation and Parks Department before taking this application to the City Commission. In response to a question from Chairman DubS. Mr. Tompkins advised that the name of the project will be changed to "Sausalito Place". Chairman Dub~ pointed out that his community of Silverlake Estates contains 169 single-family homes which am not targeted for the 55 year old resident. The community put in a volleyball court, and after three months of no use at all, the volleyball court was removed. Mr. Rosenstock advised that as of tbis meeting, ne will ask all developers whether or not they are aware of any outstanding liens or fines due to the City or Palm Beach County. Mr. Tompkins reported that he is unaware o~any outstanding liens. This property was just recently purchased and a title search was performed. They could not have taken title if tnere had been any outstanding liens. Mr. Beasley moveo to recommend approval for site plan approval to construct entry wall signage, guardhouse, private recreation ,clubhouse, tennis court, shuff[eboara court, swimming pool and picnic area~ common area lake plantings, buffer landscaping ana entry feature landscaping including all staff comments with the exclusion of the Parks comments with reference to the volleyball courts or tot lot. Mr. Wische seconded the motion. Vice Chairman Golden confirmed with Mr. Beasley that his motion was for "excl ~sion of the Parks comments", rather than resolution of the Parks comments. Vice Chairman Golden stated that he has a problem with t~e word "exclusion" rati~er titan "resolution" because ne has not heard staff's perspective. He is not comfortable with the word "exclusion". The motion carried 6-1 tVice Chairman Golden cast the dissenting vote because of the wording.) 1! MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 OTHER Zoning Code Change to Add Mini-warehouses as a Conditional Use to the C4 Zoning District List of Permitted Uses Ms. Heyden explained that with the adoption of the Land Development Regulations, the City Commission has been established as ~ne Ioca~ planning agency with responsibility for making determinations of consistency with the Comprehensive Plan where there is a change to the Land Development Regulations. Staff initiated the zoning code change to add mini-warehouses to the C-4 zoning district. It appeared before the City Commission at that last meeting. Staff is currently preparing the annexation of enclaves and one of those enclaves contains an existing warehouse facility. When selecting an appropriate land use and zoning category, staff tries to limit annexing nonconforming uses. The C~4 zoning district does ~ot currently permit warehouses. The only zoning district in the City permitting warehouses is the M-1 zoning district. There is an additional enclave which was annexed a few years ago with an existing mini-warehouse. The property owner owns a parcel just west of this facility. He plans to construct a second phase of that project. Because there have been a number of problems encountered with mini-warehouses, a number of conditions would have to be attached to such an approval if it is allowed in the C-4 zoning district. One of the problems includes businesses being established i~ those warehouses. Other problems include outside storage ana .ack of a building separation between buildings. Lighting and noise also become problems when there is intent to establis[' these uses in residential areas. Staff has compiled a list of amendments they feel address these concerns. When this went before the City Commission they expressed concern with Ca, zoning districts which might be located on major thoroughfares. It was their direction to al ow this as a use subject to conditional use approval in the C-4 zoning district. Mr. Rosenstock explained that he uses a mini-warehouse storage facility, and the problems mentioned by Ms. Heyden were understated. In many of the bays, people are conducting businesses SUCh as aaint shops, cabinet making, appliance repair, etc. People store lawn mowers at these facilities, and their trucks containing debris are stored outside over the weekends. He feels the City of Boynton Beach has less and less square footage for high-value commercial development. He feels this type of facility will bring a Iow assessed valuation to the City and be a detriment to the area. That property could be used for a higher, more successful usage To benefit the residents of the City. Mr. Rosenstock said he will speak to the Commissioners when this appears before them. He is violently against approving this request. 12 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 Mr. Rosenstock moved to recommend to the City Commission that the present Comprehensive Plan zoned for C-4 not include mini-warehouses in those areas. Vice Chairman Golden seconded the motion. The motion was clarified to read that the recommendation is not to allow mini-warehouses in the zoning district even as a conditional use. Vice Chairma~ Go]den agreed with the remarks made by Mr. Rosenstock. He feels this is an attempt to accommodate two property owners. Beyond t~ese two properties, he ¢ ~estioned the purpose this change would serve in the future. It seemed to him that the overall benefit to the City is not being considered. This is not being done comprehensively. He also agreed that mini-warehouses tend to harbor a lot of problem situations and should not be expanding to commercial zoning. They should be kept in industrial zomng. Discussion ensuea regarding whether or not the property owner in question would willingly annex into the City if the use will become nonconforming. Ms. Heyden stated that if he is served by City utilities, we probably have an annexation agreement with him. In response to a question from Chairman Dub&, Ms. Heyden said that under the current law for enclaves, the City can annex them without their permission. However, there are attempts being made to repeal that law. The City is trying to close up the enclaves. Vice Chairman Golden feels it is better to annex ~nese properties, grandfather them in, and let them continue to operate until they are upgraded in some way rather than expanding a use that is already problematic. Mr. Rosenstock said that the City must have some idea of what will happen in the future. We must constantly be vigilant to see that whenever a piece of property is annexed or a law is passed, that it is for the future good of the City. If this is brought in just for the sake of adding to the tax base, and we allow a piece of property to deteriorate in a major shopping area, slums will be created. He encouraged this board to recommend unanimously to the City Commission that they follow that type of direction. Mr. Eisner expressed his opinion that the potential liability offsets any tax advantage to the City. The motion carried unanimously. Zoning Code Change to add Wholesale of Tropical Fish to the M-1 Zoning District List of Permitted Uses This request came to the City from an applicant who has a wholesale tropical fish mail-order business out of her home. She is looking to locate in the City and requested input on where the zoning would accommodate her. Ms. Heyden explained that there is no one zoning district which handles this kind ]3 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 of use. Staff reviewed this and determined that the best location would be the M-1 zoning district. [n looking at the zoning code and performance standards, many of them do not apply to this use. The only two which are closely related are odors and noise and waste. There is no problem with live fish because the odor is associated with processing. There is a very limited number that expire and they are properly disposea of througn the sanitary sewer which is acceptable to Utilities. No noise is generated from this use. Ms. Heyden stated that this is consistent with the Comprehensive Plan an~ will dose a hole in the zoning code. it is staff's recommendation that a zoning code change be processed It is scheduled for second reading at the next City Commission meeting. There was a consensus of the board that there is r ~ oroblem with this zoning code change. Zoning Code Change to Delete the Distance Requirement for Not-For-Profit Used Merchandise Stores in the C-2, C-3 and C-4 Zoning Districts Ms. Heyden adviseo that this was initiated By the City Commission and was before them on first reading at the last City Commission meeting. An applicant appeared before the City Commission when he was denied an Occupational License for a thrift store in the C-4 zoning district. The denial was based on lack of compliance with the distance requirement. At that point, the City Commission realized that the user was a charitable organization and serves the needy, and felt it would be desirable to change the zoning code ~o delete the distance requirement for not-for-profit merchandise stores located in C-2, C-3 and C-4 zoning districts. In reviewing the Comprehensive Plan, there are two policies identified that are remotely related to this issue. One of those issues deals with the Comm unity Redevelopment Plan and the guidelines for uses permitted under [and use categories. The policy relative to land use categories is vague. The current Community Redevelopment Plan contains some language with respect to the Boynton Beach corridor wnereoy the current C-3 zoning is too permissive for t[~ e area. In discussions with Ann Ford, she indicated that this is not one of the uses she was looking at including in the new plan. Ms. Heyden feels that this request is consistent with the Comprehensive Plan. She explained that another possibility includes deleting the distance requirements for only the C-4 zoning district. Vice Chairman Golden agreed that the distance requirement is good for the C-2 and C-3 zoning districts. The C-4 zoning district is a lower commercial zone. He would like to see the distance requirement retained in C-2 and C-3. Chairman Dub~ reported that he attempted to reach Ann Ford today in reference to this request, but 14 MINUTES PLAN NING AN D DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 she is out of the country. The Community Redevelopment Advisory Board did not discuss this request at their meeting last night. He realized that the elimination of the distance req direment could result in Ocean Avenue becoming one used clothing store after the omer. MS. Heyden stated that some of the Commissioners may wish to designate an area in the City for antique shops. Chairman Dub~ pointed out that there is a difference bet'ween antique shops and used clothing stores. He supports a zoning change in C-4, but not in C-2 or C-3. There was a consensus of the Board to change the distance requirement in C-4, but not C-2 and C-3. ~TS B~MB~d~S Chairman Dub~ advised that after a City Commission meeting, Ann Ford expressed a desire to have a joint meeting between the Planning and Development Board and the Community Redevelopment Advisory BOard to seek input from the Planning and Development Board on certain issues. Ms. Heyden explained that requests for site plan approval, conditional use, and land development orders in the Central Business District do not ~ome to the Planning and Development Board. They go to the Community Redevelopment Advisory Board for a recommendation to the Community Redevelopment Agency. With regard to revitalization, Ms. Heyden said she has spoken with Ann Ford about combining the two boards to review contracts relative to the Community Redevelopment Plan. Mr. Rosenstock said that he does not want to waste his time. Before attending any meeting, he would like to know specifically what will be discussed so that the members of the board can prepare in advance. He feels this should be an informal workshop meeting. Chairman Dub~ explained that Ms. Ford was very complimentary of the Planning and Development Board, and was seeking opinions and guidance from this board to assist the Community Redevelopment Advisory Board. There being no further business to come before the board, the meeting properly adjourned at 8:40 p.m. · Recording Secretary (Three Tapes)