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Minutes 11-23-87MIINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 AT 7:30 P. M. PRESENT Wal~er "Marry" Trauger, Chairman Robert~ Wandelt, Vice Chairman Mar~lyn Huckle Mar~in Jackier SimOn Ryder Robert Walshak Gar~ Lehnertz, Alternate (Voting) Carmen Annunziato, Planning Director Tim Cannon, Senior Planner Harold Blanchette (Excused) Chairman Trauger called the meeting to order and Ral Exe' Cha Pos Pla the lat Cul mee Tra the Cod Pla imp App Age th ANZ at 7:30 P. M. recognized the presence in the audience of Vice Mayor )h Marchese; Commissioner Dee Zibelli; Owen Anderson, :utive Vice President of the Greater Boynton Beach ~ber of Commerce;' Pamela Hasterouk, Reporter, Palm Beach :; Tambri Heyden and Michael Rumpf, Assistant City ~ners. He introduced the Planning Staff, Members of Board, and the Recording Secretary. Chairman Trauger ~r recognized the presence in the audience of Robert )~pper, former County Commissioner, who had entered the :lng. ~gendas were not prepared for the audience, Chairman · g~r requested Mr. Cannon read what the amendments to text of Appendix A Zoning of the City of Boynton Beach ~.of Ordinances for consistency with the Comprehensive ~, including amendments which are for the purpose of kementlng the 1986 Comprehensive Plan Evaluation and aisal (E&A) Report would include. (A copy of said ~da is attached to the original copy of these minutes in office of the City Clerk as "Addendum A".) )UNCEMENTS blic Hearing - November 30, 1987 at 7:30 P. M. Mr. Cannon announced that there will be a public hearing on Monday, November 30, 1987 at 7:30 P. M. in the Commission chambers at Pineland Plaza. The subjects of the public hea~ing will be six rezonings, three of which are located alobg North U. S. 1 between the Central Business District (cBD) and the Boynton Canal, on the east side. The second set of three rezonings will be located along S. E. 23rd - 1 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 Street between the Florida East Coast (FEC) Railway track and U. S. i. Mr. Cannon explained to Mr. Ryder that these rezonlngs were recgmmended in the Comprehensive Plan's E&A Report. There were further comments. PUB~ Mr. int the sai~ any tha Boa a d The' Sta ~IC HEARING Cannon complied with Chairman Trauger's request and read ) the record the descriptions of the items contained on agenda. After the Board opens up the microphone, he ! anyone in the audience could speak in favor or against of the zoning text amendments. He informed the audience : all of the amendments had been reviewed by the P&Z :d in a series of three workshop meetings. The Board had :aft, which was the product of those workshop meetings. T w~nt through, paragraph by paragraph, and the Planning !f incorporated the Board's comments into the text. Mr. Cannon said the Board's comments were delineated. There wer ~ also paragraphs and phrases that wer? boxed in. The Building Department requested a meeting with the Planning Dep~rtment shortly after the Board held its workshop meetings, and the Building Department wanted to make some suggestions as :o where they thought the language needed to be clarified. The~ did not recommend that the substance of the Ordinance be 2hanged so much. The Building Department is the depart- men: that will administer all of the regulations and the Pla%ning Department thought it would be proper for them to mak~ c~anges in the verbiage so it would be easier for them to ~dmlnister the regulations. Mr o pro eve pre fel Cannon asked for direction as to how the Board wished to Deed. Mr. Ryder thought the Board should go through cy one of the changes. Mrs. Huckle thought the people ~ent should know what the Board was talking about. She the only way they could find out was to have the Board review it all. Definitions of Terms Pag~ 1 Sta Can del Car ~ting with page 1, "Appendix A, Zoning, Section 1," Mr. aon said there were "Definitions of terms", such as initions for "Adult Congregate Living Facility, Adult Day Center, Adult Day Care Home, Adult Foster Home," etc. MINHTES - PINNING & ZONING BOARD SPECIAL MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 23, 1987 The Building Department pointed out to the Planning Depart- men~ that antiques are not restored, so the term "restored" should be changed to "quality antiques." Pag~ 2 The Building Department thought "Commercial Zoning District" and "Conventional Zoning District" should be defined for clal'ification. Pag~ 3 "~ 4ERGENCY SHELTER" Mrs. Huckle was not too pleased with the title, Emerge y Sh~ .ter", as she did not consider that an emergency defini- tic 1. She read the definition and wondered if he got the te is out of the State Code. Mr. Cannon informed her that it lid not reference any State Statute. Mrs. Huckle thought it ~hould be more like a "Temporary Shelter." Mr. Cannon sail,his thinking for the definition came largely from The Lort s Place, which allows people to stay there for up to six months. He suggested that they could cut down the time. After discussion, Mrs. Huckle said it was not the definition tha~ bothered her. She did not think they were defining an eme.gency. After further comments, the Board agreed to use the title, "Temporary Shelter". It use Can mer th Mr s top fro Pa( ZXTERI OR DISPLAY" ~eemed to ~V~rs. Huckle that they were specifying permitted instead of just defining a term. After discussion, Mr. %on suggested that the wording be changed to, "Display of =handise as an accessory or preliminary use outside of walls of the building . . ." 4 · Huckle drew attention to the words in the box at the of the page and said the word "be" should be eliminated the second line. 3 "EXTERIOR DISPLAY" At the bottom of the page, the words, "The outdoor display or keeping of live plants shall be permitted, however, . ." MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 bot] peri is. dis, Mr. put ~ liv "EX! Lered Mrs. Huckle as she felt they were defining Litted uses instead.of defining what an exterior display She felt it should just be a definition. There was ~ussion. Annunziato thought the way to answer the question was to the exception in the Zoning Code where the keeping of ~ plants is permitted as a further definition of !ERIOR DISPLAY", and limit the definition of "EXTERIOR DISi~LAY" to the first sentence. To Mrs. Huckle it seemed red~lndant to have all of that in the definition when it sho~lld be in the Code. Mr. Annunziato said if they are go- lng to regulate the storage and display of live plants, they cou%d do it in the section of the Code regulating the storage of %ive plants. This was agreeable to the Board Members. Mrs% Huckle pointed o~ that this should not be the regula- tions but th~ definitions of the terms used within the regu- latlons. Pac~ Mr. thi two not the bec def boo ela rio tho tio Aft so rio Can the The Ord ti° Cha at 4 ~XTERIOR STORAGE" 'Cannon assumed Mrs. Huckle would want to do the same lg with this definition, and he suggested that the last sentences be put in the regulations. Mrs. Huckle ~onded that the whole thing about exterior storage did 'look like it belonged here. Mr. Cannon explained that Building Department felt they needed a definition ~use the term is used frequently. Mrs. Huckle agreed the [nition was needed, but it seemed to her that half of a { was being written to e~plain a fairly simple term. She Dorated. Mrs. Huckle poznted out that there were prohibi- ts and all kinds of things but the definition. She aght it should be in the Code rather than in the defini- ~r explaining, Dr. Jackier suggested a general statement ~hey would not have to bother with expanding the defini- ~s. If you use a term repeatedly in the Ordinance, Mr. non said they can either define it at the beginning in definitions or define it every time you have an Ordinance. purpose of the definition section is to prevent the inance from getting too lengthy. He repeated his sugges- irman Trauger asked why the definition could not end the first four lines. Mr. Walshak agreed with that. B MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 23, 1987 Mrs~ Huckle felt they should keep the definitions brief and did~not object to Chairman Trauger's suggestion. Mr. Cannon said he would limit the definition to the first four lines. "~AMILY" Mrs~ Huckle did n~t consider one person a family and thought it ~hould start with two or more persona. Vice Chairman WandeLt disagreed and said an individual can be a family. There were comments, and it was decided to leave the defini- tio~ as it was. Page 6 "~TAIL" MrsSHuckle read the definition and asked if retail sales could not be to political, cultural, non-profit, voluntee , and~religious groups' She thought the definition was much too~narroW. Mr. Lehnertz asked if she would not consider all,of those businesses. After discussion, Mr. Cannon pointed out that the groups she mentioned generally have offices where they do business, and he explained. Mrs. Huc~le did not think it should be so narrow that they would hay pro Dep del aho be Dr. Mr. tha com The def Pa(. Mr s wor cou cha ~ a problem. Mr. Cannon did not think it would be a )lem, and he reminded the Members that the Building ~rtment and Planning Department would know what the [nition means. Mr. Walshak thought the general public ~id know too. He agreed with Mrs. Huckle that it should ~ore specific. Jackier suggested they leave out the word "household". Cannon thought maybe they could say the sale of goods requires the payment of retail sales tax. Mrs. Huckle nentedithat Mr. Cannon got the idea. re wasldiscussion regarding the housing element and initio~s for group homes 7 JTILIT¥ TRAILER" · Huckle read the definition and drew attention to the ds, "h6usehold users". She questioned whether this ld be changed to "householders." Mr. Cannon agreed to sge it to "householders." MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 "USED MERCHANDISE" Cha OWN] Mr. as .rman Trauger asked if "USED" could be changed to "PRE- JD . Mr. Cannon said the term, "USED MERCHANDISE", is dozens of times, and he thought it was more appropriate. Annunziato asked the Members to use their microphones, ~hey could not be heard in the back of the room. Pa9 8 Sec:ion 3. Mr. Cannon informed Mr. Ryder that all of these regulations are in Appendix A, and he asked if he meant reference to the existing regulations. Mr. Cannon replied that they were add.ng a new paragraph on page 1897. In some cases, the par ~graph is not there now. This says where it would be added if adopted. 11. Regulations and map Mr o sta app For in r eq fed PERFORMANCE STANDARDS" Hazardous materials and hazardous waste Cannon said this language was largely taken from the %dard language that the Regional Planning Council uses in loving industrial Developments of Regional Impact (DRIs). the benefit of the Building Department, it was clarified :he first box that the generators of hazardous waste lire a permit or periodic reporting to a state or ~ral agency. c. Depressed truck wells Mr. Lehnertz read the first sentence and said the way he rea~ that, it will still allow hazardous waste to go through som~ things and into the ground water in the aquifer. It seemed to him that the Board should require something to sto~ hazardous waste from going into the ground water system. Mr. Cannon advised that the language was out of the DRI, and he assumed they knew how it should be worded. Mr. Walshak explained that they were talking about a grease rac~/~il rack for a truck, which is a concrete structure that is built as part of the floor. It is a depressed truck well, and there is no way for it to get out of the confines MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 of ~ the out is ~ get' Vic. dep: for! lev is thi inc fur and thi Pac_ Mr. exp Par P Mr. tal wou was tho tra tha pro per Mr. agr dir Pa9 Beg cbs are are Sec .he concrete. Mr. Lehnertz expressed that had been his ~ern. Mr. Walshak clarified that it is recessed under truck so a man can stand up while he is draining the oil of a heavy vehicle. Mr. Lehnertz inquired whether that ~hat an open bottom sedimentation pump is. Mr. Walshak ~ered affirmatively. Mr. Lehnertz was concerned about ~ing that into the ground water. Chairman Wandelt had a different definition of a .=ssed truck well. He stated that it was a loading plat- where a truck backs down, and the body of the truck is with the loading plat.form. Mr. Walshak agreed that it ~ depressed truck ~. Mr. Wandelt pointed out that ~]'ust happens to ~i5~ oil and grease.. The other will Jude whatever they are loading or unloading. After :her comments, Mr. Walshak said they normally change oil grease in a truck well. He never saw them do any other lg. 10 Cannon drew attention to paragraph "(6)", which he [~ained and said this was a paragraph the Board required. ·graph "(7)" was added by the Building Department. ~ragraph (6) Walshak recalled that at the workshop meeting, they were ting about having DER or EPA certificates before the City id issue an occupational license for any hazardous res, and he asked if this was addressed. Mr. Cannon aght paragraph (6) addressed that. The Florida Adminis- rive Code does not refer to a permit, but it requires they make reports. It is only the hazardous waste ~eSsing facilities that actually are required to have sits under the Florida Administrative Code. Cannon thought paragraph (6) covered it. Dr. Jackier ced. Hearing no further objections, Chairman Trauger ~cted Mr. Cannon to proceed. inning with this page, Mr. Cannon said not much had been nged except a reference as to where group or foster homes allowed. A specific Section is being added where those being discussed in detail, and it simply references that tion to Section 11.4. MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 Nea~ the bottom Of page 11, the Building Department wanted cla~ification~ with what was being allowed with respect to the ownership of duplexes. Mr. Cannon explained and added tha~ under the Building Code, there would have to be a fire wali between those units if they are separated by ownership. Pa~ Mr. Pag Mr. sec. veh mot ~s 12 through 15 Cannon reviewed these pages with the Members. 16 Cannon drew attention to the delineated lines in the )nd floor, which limited the repair and service of Lcles in the C-2 and C-3 zoning districts to automobiles, )rcycles and pick-up trucks. He asked if that was what the Board had wanted. Mr. Walshak expressed that it would be ~bjectionable to him in C-3, and he noted the delineated lines had "pick-up trucks with a rated capacity of not more thai one (1) ton." After informing the Members that there are two ton pick-up trucks and single axle five ton dump tru~ks, he questioned why they were putting that classifica- tio% when it was never in before. Mr. Walshak recollected tha~ he was the one that brought it up at the workshop mee:lng. In C-2, it was defined as automotive, and in C-3, it ~as defined as service stations. Mr. Cannon advised that the definition should be consistent between the two zoning dis:ricts. If ~hey want it consistent, Mr. Walshak asked, "Why have C-2 and C-37" You are stepping up in classification to a more int snse use from C-2 to C-3, and he thought they were limit- ing a lot of service stations in this area who now work on hea~y duty trucks changing oil and things of that nature. Mr./Walshak did not think they should put a classification there, and he explained. There was discussion, and Mr. Wal rep thi Com tru di~ At ab( mea he maj ~hak continued that this is without major repairs, major ~irs meaning auto frame engine work and that type of ~g. Mr. Lehnertz interjected that C-2 (Neighborhood nercial) does not mean repair of large trucks, dump =ks, semi-tractor trailers. There was further ~ussion. the workshop meeting, Mr. Walshak recalled they talked ut C-2 (automotive service stations), which specifically ~t cars and small pick-up trucks. In C-3, he remembered said C-3 should remain service stations without the Dr repairs, which is auto frame and heavy duty work. - 8 MINqTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 It appeared to Mr. Annunziato that there were several issues. One was whether the intensity should be different for~the two zoning classifications. In the C-2, there are man~ older, smaller gas stations which the City has allowed as ~ses if they continue an arterial or collector right-of- way~ The first question is whether there should be a more res~.rictive standard with respect to the type of vehicle bell serviced. The Planning Department found that C-2 zon classifications are usually in close proximity to res.dential zones. He asked the Board if it needs to be mor restrictive than the C-3 Community Commercial. Mr. Walshak thought so and reiterated prior statements. Mr. Ann' iato questioned whether it was the consensus of the Board that they have a more restrictive definition in C-2. Mr.~Lehnertz felt that they should. The other Members agreed. In ~-3, Mr. Annunziato said there would be a less restrictive standard. It was suggested that it should be service sta- tions. Mr. Annunzia~o wondered if gasoline stations are equSpped to handle large trucks inside. Mr. Wals~ak answered t~a~ the ones that have depressed wells are. Quite a few of the~ work on five ton dump trucks, and he elaborated. Mr. Wal cha Aft int con aff man If Ann Cit Mr. wor Mr. one lan Mr. wor QUE Cbs wha the ~hak thought a lot of people ~ould be hurt if that was ~ged ~ ~r discussion, Mr. Annunziato asked if it was the Board's ~nt that the service that could occur should occur in the Sines of the enclosed building. The Members answered [rmatively. Mr. Annunziato thought that would eliminate of the performance problems. Mr. Walshak agreed 100%. :hey cannot meet that performance standard, Mr. anziato said they can go to the industrial areas of the where there are good areas to service diesels, etc. Walshak maintained that was exclusive of major repair and was just minor repairs. Annunziato informed Mrs. Huckle that the "not more than ton" restriction was for C-2. They will adjust the 3uage for C-3 to provide for what was discussed tonight. Wa~lshak thought they had been specific about that at the {shop meeting. STIONS ABOUT PUBLIC HEARING irm~n Trauger wondered how anyone in the audience knew they were talking about. Some people complained that could not hear the Members. - 9 - MINUTES PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACB, FLORIDA NOVEMBER 23, 1987 Don Biesendorfer, 829 Ocean Drive, asked why the audience was witnessing a conversation among the Members, and he questioned whether the Board expected input from the people as 6o what they were discussing. Chairman Trauger answered aff.rmatively and added that the meeting was a public hear- lng At the end of this discussion, he said the Board could cal for input from the audience. Otherwise, the Board wou d not get through a part of the review. Mr. the Be doi Mayl not pub Mr. Boa des end Mr Mr ~ add was Buc was unl cou the Biesendorfer thought the purpose of the workshops was so Members could iron these things out among themselves. ~aid the people did not understand what the Members were lg because they did not have a copy of the amendments. )e copies were made available, but Mr. Biesendorfer was informed Of such. To his knowledge, nothing was ever Lished to that effect. Cannon thought they should go through the changes the :d made to make sure they were the changes the Board [red. Chairman Trauger suggested they could stop at the of each ma]or category and take the public hearing part. Annunziato thought that was a good idea. · Buckle pointed out that what the Board was changing or lng to were only parts of the Zoning Code. She felt it hard to impart to the~public what was going on. Mrs. cle further explained to the audience and added that there no good way for them to know what the Board was doing ~ss they had a copy of the existing Zoning Code and Id see what the Board was trying to put into it or how were trying to change it. Mr. Ryder wondered what would happen when they have the public hearing before the Commission. Mr. Cannon replied tha prior to the City Commission meeting, the people can sto by the Planning Department and get copies of what the Boa was looking at tonight. In preparation for this public hearing, Mrs. Hucki~e thought there should have been notification that that was the procedure. Dr. Jackier asked if Mr. Biesendorfer did not have specific cOnnerns at the moment. Mr. Biesendorfer replied, "Certainly," and added that he did not believe the people wer~ there to witness the Members questioning of the verbi- age}they were going to incorporate into the new Appendix A. MrS~ BUckle argued that the Members Went through workshops and~had all kinds of recommendations for the Planning Director to incorporate. NOw the Planning Director has come - 10 - MINUTES PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 up ~ the r ep~ seI~ not aft Bie The To att peo 18 Mr s est ans is use the Pac_ Mrs thi the enc had eom WOU ~ith a final draft, and they do not want to send it to City Commission if it is not right. Mr. Biesendorfer Dated that the Members should have settled it among them- ,es before bringing the public into it, because they were doing anything. Mrs. Huckle advised that they would, Dr the Members finished, if they could be patient. Mr. endorfer reminded her that it had been an hour. Members decided to continue the way they had been going. peed things up, Mr. Cannon said he would just call ~ntion to the changes the Board wanted to make. Some ,le left the meeting. Mr. Cannon explained pages 17 and 19 Huckle asked if they were allowing automobile wash blishments without conditional uses in C-4. Mr. Cannon ered affirmatively and agreed with Mrs. Huckle that there ;ery little C-4. He thought they should be conditional ~ in C-3 because sometimes a nuisance is associated with The review continued. 27 .~EVIEW OF DECISIONS OF BOARD OF ADJUSTMENT · Huckle asked if they were going to vote on some of these lgs, as she was opposed to this. Mr. Annunziato thought should stop and address it because there was a differ- of opinion among the Members of the Board. Mrs. Huckle a problem with an appeal being taken back to the City nission if the BOA does not have a unanimous vote. If City Commission would adopt this, it seemed to her there ld be a problem. Mrs Huckle understood Mr. Walshak brought this up. Although she s~w his point, which was that elected officials should be ~he ones that give the final okay to people, Mrs. Huckle poisted out that sometimes they are discriminated against or feel tlhat they are, She still felt there was a problem becausie the Commission appoints the BOA. Mr. Walshak reminded Mrs. Huckte that the Commission appoints all of the BoardS, but that does not give any of those Boards the final say so as far as the citizens are concerned. He felt a citizen should have the right to appeal to his elected officials as the final step prior to going into a civil court. - 11 - MINUTES PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 Mrs~ Buckle stated that the Commission sets up the laws of the City. There was disagreement between Mr. Walshak and her, and Mrs. Huckle argued that people ask for variances because of a hardship. If Mr. Walshak was reading it properly, the BOA is for hardship variances only. Mr. Ann'lnziato advised that the rules for the issuance of var cir. .ances are very restrictive. Only under extraordinary umstances are variances supposed to be granted. In i is reading of the laws that apply to variances, Mr. Ann~nziato did not recall any situation where there was an internal appeal to a BOA decision. In the many cases he rea,! throughout the nation, you appeal from the BOA to the first Court of decision in whatever State you happen to be loc~ted in. Here it is called the Circuit Court. To appeal to ~n elected body would be an unusual process for a varLance procedure. That did not mean the Board could not do it, but Mr. Annunziato commented that it would be un~ Dual. Mr o Cit con whi Com Boa Boa tal adm tha var are not zon Mr o pro Wal go If hay Mr. wot the thi Mr. una Walshak asked if it was not three months ago that the ~ Commission! determined, as far as the P&Z Board was l~erned, that any variances on parking lot regulations, ~ used to stop with the P&Z Board, would go before the ~lssion if there was not a unanimous vote by the P&Z ~d. He asked why it would be any different on any other rd. Mr. Annunziato reminded Mr. Walshak that this was (ed about in the workshop. Site plan issues are more [nisterial in nature, and there is a whole body of law : is related to the Zoning Code and the ways to process ~ances to the Zoning Codes. The parking lot regulations unique to Boynton Beach. The zoning regulations are unique to Boynton Beach, and the process for appealing lng regulations is not unique to Boynton Beach. Annunziato did not know that this would prevent this =ess ~rom being provided for in Boynton Beach. Mr. ~hak brought out the fact that the only way this would h0 the Commission would be if the vote is not unanimous. vote is not unanimous, some Members of that Board must a question as to the hardship. Lehnertz thought they could be opening a whole can of ns. He has gone to BOA meetings where it was obvious ~e was not a hardship, and the people wanted to get some- ~g through. Mr. Lehnertz explained. In those instances, Walshak asked if the decisions were most generally aimous. Mr. Lehnertz did not believe so, but he did not - 12 - MIN~ITES - PLANNIN~ & ZONING BOARD SPECIAL MEETING BO~[TON BEACH, FLORIDA NOVEMBER 23, 1987 him of ~ Cit' Mr. hom. Ci r. the the BOA Mr . pub sro agr Mr ~ aga a v Cha inc Dr. lat reg as Tra a w Ann was det iss is son to dec for bri for ~mber whether they were unanimous or not. It seemed to with any kind of Board, that it would be real simple to ,lnce one person that you have a hardship wh'en the rest ~he Board feels it is not. Mr. Lehnertz did not feel the Commission was the next place to take it. Walshak asked if Mr. Lehnertz thought that particular ~owner should have bear the expenses of taking it into luit Court. Chairman Trauger answered that he did. If hardship is a legitimate one, Mrs. Huckle did not think homeowner would have any problem getting through the She.thought they should take a vote on whether they ~ed to include the recommendation. Lehnertz asked if this would be a reasonable place for [ic comment. Chairman Trauger asked if the public under- )d what the Members were talking about. Mr. Annunziato ~ed with Mrs. Huckle that it was a very narrow issue. Huckle preferred to take a vote, as it would come up Ln through the minutes to the Commzssion. )te was taken on whether to include the last paragraph ~age 27 in the regulations. Mrs. Huckle, Mr. Lehnertz. [rman Trauger, and Vice Chairman Wandelt voted against [uding the paragraph in the regulations, and Mr. Walshak, Jackier, and Mr. Ryder voted to include it in the regu- ions. The vote was 4-3 against including it in the alations. Mr. Cannon asked if this should be interpreted motion to delete this language from page 27. Chairman ~ger answered affirmatively. ~man in the audience asked what the vote was about. Mr. lnziato apologized to the audience because the meeting so confusing and added that a very difficult and quite ~iled series of regulations was being proposed. In this ae, the discussion involved the question as to if there ~ less than unanimous vote of the BOA, whether that per- will be offered an opportunity to appeal that decision the City Commission. In a 4-3 vote, the P&Z Board ided to delete that language, which would have provided an appeal to the City Commzssion. The Commission can ~g it up if they want to, but the P&Z Board will not go ~ard with a recommendation. P Mr. lan goc ~ 30 ~r agr apb 7 Cannon asked if the Board had any problems with the ~uage he substituted. Mr. Lehnertz thought it sounded ~. Mrs. Huckle agreed. 13 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 P.~ragraph 8 The gr al the are hum con whi qui tia P Pac_ Mr . the the wan tha mee fee Pag Mrs the fha in hah of He pub all dif lis lat ( ab abb Mrs not Boa Building Department wanted clarification of this para- ~, and Mr. Cannon explained. Chairman Trauger asked if ~e are very many lots left in the business section that non-conforming. Mr. Cannon felt there were quite a )er of lots in the C-3 zoning district that are non- 5orming. There is a fairly stringent minimum lot area, ~h is 50,000 square feet, and he said there probably are :e a few 9,000 and 10,000 square foot lots with residen- structures on them. , 34 ~agr apb 10 Cannon said this was where the City Commission can limit establishment of further group homes, where it appears City is meeting its share fair. The P&Z Board had :ed it clarified that the Commission would be able to do :,. regardless of whether additional group homes would :.the required distance separation, which was 1200 linear -= 32 · Huckle was still opposed to the Section on page 32 where ce is no public input or public hearings. It recommends t the TRB pass and the City Manager pass on use changes the residential zone. Mr. Cannon thought the table.he ~ed out tonight clarified what procedures each category ~roup homes has to go through to reach a zoning district. ~rew attention to the table and offered copies to the lic. The table explained what type of group homes are Dwed in each zoning district. Mr. Cannon had listed the ferent categories on the left side. At the top, he had ted some zoning districts. There were the proposed regu- ions (abbreviated "prop.") and the current regulations Oreviated "cur.") Mr. Cannon explained the other reviations on the table. · Huckle was concerned because buildings that would house more than 12 residents would not come before the P&Z rd or the City Commission for approval. There would be - 14 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 no public input as to what happens in a person's neighbor- hood. To be specific, Mr. Cannon said it would be up to eight in a single family neighborhood, up to twelve in an R-2~zoning district, and up to twenty in an R-3 zoning district. Mrs hay nei si~ did boo hay app goo the was . Huckle was agaznst anything where the public did not ~ a chance to speak its piece when something in their ~hborhood was being changed. She did not care if it was eight, or ten people. Administratively, Mrs. Huckle not think her neighborhood or anybody else's neighbor- t should be changed without the public being notified and ng a chance to speak in public audience, complain, al, put their input in, ideas, suggestions, why it is or bad for the ~e{ghb~rhood, or whatever. She thought public should ha~e ~hei~ day at the microphone. There applause from the audience, Mrs. ~uckle commented that the City Manager, TRB, Fire Dep~rtment and people like that are fine. Their expertise is ~elcome, necessary, and required, but she was opposed to the~ making the final decision in anybody's neighborhood for any kind o~ ~hange like that. Chairman Trauger and Vice Chairman Wandelt agreed. Mr s sa1 the can pub den reg was Mr. zon use Wou bef Com hay · Huckle asked that a vote be taken. Chairman Trauger ~ the vote would be on whether the Board was in favor of regulation as it is, where the City Manager and the TRB approve this. If so, the vote would be "Aye." If the lic should have input and the City Manager should be ied that part, and if it should be brought through the alar procedures, then the vote should be "Nay." There a unanimous vote of Nay. Cannon asked if the Board was saying that ~n residential ing districts, they want group homes to be a conditional He explained that would be the only way the public ~d be notified. If they wanted the public to be informed Drehand that it will be considered by the Board and the nzssion, Mr. Cannon clarified that they would have to a conditional use. Mrs/ Huckle asked why it was any different than any other rez~ning or exception to the Zoning Code. Mr. Annunziato replied that the point Mr. Cannon was trying to make was 'the onlF vehicle available to the Board that demands a public hea~ing be conducted is a conditional use, which would require the submission of detailed plans and mitigation - 15 - MINUTES - PI~AIqNING & ZONING BOARD SPECIAL MEETING BOSTON BEACH, FLORIDA NOVEMBER 23, 1987 pla~s, if there was a need to mitigate, and the placement on the~record of information that the. Board could then evaluate in Connection with its recommendations to the City Commission. That would be one way to handle it. Mr . the wit use que Wan Mr. and tha Com bee Can gro Cit dis peo As cit cap Mr. of Mrs pub thi was sub If go the the get Mr. rec Ser rec Mr s for hum a d Annunziato told the Members there is not a vehicle in zoning regulations that transmits to property owners %in 400 feet specific notice, other than changes in land changes in zoning and conditional uses. Mrs. Huckle ~ied if this was not a change in land use. Vice Chairman ~elt explained that it does not change the zoning. Walshak asked how the City stood with the State on this, he questioned whether the State dictates to the City it has to hav~ a quota. In connection with the upcoming ~rehensive Plan, Mr. Annunziato answered that mu~h has said and not said about what "fair share" means. Mr. ~on advised that the City has to address the demand for ap homes and for persons with special housing needs. The has looked for multipliers, such as how many mentally ·bled persons would come out of a community of 45,000 ~!e, and they are not finding that information readily. community, Mr. Annunziato said they know there are [zens who are mentally disadvantaged and physically handi- ~ed. They may be delinquents. Annunziato said the City will subject itself to challenge its Comprehensive Plan if it does not address these needs. Huckle was not against addressing it but was for the .lc having a say. Given that, Mr. Annunziato did not ~k there was a problem. If it was suggested that there a degree of unfairness, he thought the City would be jecting itself to unfairness. ~hey go over 13, Mrs. Huckle commented that they would D~ck to public hearings, reviews, etc. She wondered why ~icould not do it under 13. Mrs. Huckle questioned why ~ segregated off the first 13 people in a group home to different treatment as far as the public was cOncerned. Annunziato answered that the Planning Department ~mmended what the Department of Health and Rehabilitative ~ices (mRS) suggested. That was as good a basis of 9mmendation as they could come up with. · Huckle asked if they were going to use "Conditional Use" over 13 people. Mr. Cannon answered that the basic Ders are a maximum of 8 in single family districts, 12 in uplex district, and 20 in a multi-family district as a - 16 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BoYNToN BEACH, FLORIDA NOVEMBER 23, 1987 per: lam tha gro Mr s tre the Onc it he nei no Mr o HRS res the wou ~itted use. That follows the ERS guidelines. In a single Lly district, you could not have a group home with more ~ 8 persons. In an R-2 district, you could not have a ~p home with more than 12 persons. There was discussion. · Huckle again wondered why the smaller group was being ~ted differently and the public could not have a say, but ~ could have a say in a group home with over 20 people. ~ you get more than 20 persons, Mr. Cannon explained that ~as more of an institutional character. In some cases, :bought they would actually change the character of a ~hborhood. A man in the.audience felt that would be true ~atter what size group they were bringing in. Annunziato thought the HRS standards were standards for · He did not know that the City could not have more [rictive standards and felt the issue was fairness. If City acts fairly, Mr. Annunziato did not think they ld be subject to criticism. Mr. Walshak agreed with Mrs. Huckle that the citizens should hay input, and he asked if the Conditional Use designation would be the vehicle to do it. Mr. Annunziato advised it was a good vehicle, and it triggers the generation of plans which can be addressed specifically. Dr . wit cal tie had A w men net fai be bed tbs if Jackier asked what sort of regulations other cities have n regard to this. Mr. Annunziato did not know specifi- ly and knew it was a matter of discussion in many communi- s in the County. He did not know of any standard that been established. There were further comments. ~man in the audience wanted to know the bedroom require- ts. Mr. Annunziato answered that it is 100 square feet, bedroom, not including closets, etc. He felt that was rly restrictive. Chairman Trauger remarked that it would 10xl0. The woman asked if a person would have a single room or if they would be sharing. Mr. Annunziato replied t they could share, but they would need 200 square feet two people were in the room, and that would be unusual. A m~n in the audience asked if that would be in all group hom~s or just in residential zones. Mr. Annunziato answered that it was in residential zones. Mr. Lehnertz commented that it also included 100 square feet per operator. In Dther words, if two people were operating the home, 200 squ~re feet would be needed for them. The woman questioned - 17 - MINUTES PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 whether the eight persons' requirement would include two people to run the home. If it did not, she remarked that there would then be ten people living in one house. There was discussion. Chairman Trauger thought it said a total of eight persons. The woman stated that eight would be bad enolgh. Mr. Walshak asked what BRS's standard for the square foo'~age of a bedroom is and then informed the audience that the 100 Cha all Mr. be der lik lot P&Z Board changed the requirement for Boynton Beach to square feet. _rman Trauger asked if the Members were in favor of making of the homes Conditional Uses. After further comments, Annunziato reiterated his reasons as to why this would ~he best vehicle. He added that they could clearly ~rmine the impact based on the obvious kinds of things cars, square feet, whether there is enough room on the the effect on the neighborhood, etc. Mrs Buckle drew attention to the question from the audience as ~o whether the eight number of people would include the operators of the home, and she asked what the answer was. Mr. Annunziato asked how BRS interprets that. Mr. Cannon advised that the numbers apply to the residents, not to the operators. If the proprietor lived there, Mrs. Buckle asked if ~e would be considered a resident. Mr. Annunziato acknowledged that would be the obvious interpretation, but he ~anted it to be clear. Mr. Cannon called attention to the top of page 36. There was discussion. Mr o tha sin Be spa you Mr · thi had be jus Biesendorfer, in the audience, informed Mr. Walshak HRS's requirement is 80 square feet for a person in a ile room or 60 square feet in a double or larger room. !larified that it is not petitioned 6x10. That is bed !e. If you put a 3x6 bed in there, Mr. Biesendorfer s~id have a lot of room. Annunziato emphasized that there was no question that was a density criteria, and it was something the Board wanted to discuss. Mr. Cannon suggested that it might possible to relax that to the BRS requirement and to t have the 100 square feet for residential. A w~man in the audience asked if there is a square footage requirement if there would also be a health hazard for plumbing~ etc. She wondered if they would presumably need "X" number of bathrooms per house. Mr. Biesendorfer interjected that it is outlined by HRS. The woman thought it should also come under the Board's Conditional Use. Mrs. - 18 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOSTON BEACH, FLORIDA NOVEMBER 23, 1987 Huc~le brought out the fact that to get a license, a home wou%d have to have certain bathroom facilities. Mr. Bie~endorfer informed everyone that the minimum requirement is a closet for every slx people and a bath for every eight peo)le. Vic rec Con do two peo Ren peo ~ou ~nn est a w the tha not ear pai Mr. why tha fac gen ren fa( lic one any Mayor Marchese alluded to the Ordinance the Commission ~ntly passed, hopefully to control rentals, so the City [ know how many people are in a home. He asked if the ~itional Use (CU) would reenforce what they are trying to in the rental area. Mr. Annunziato did not think the were related because here, they were dealing with ~le who are disadvantaged in some way as far as housing. ~al housing has more to do with the market than with ~le ~o have special housing needs. Vice Mayor Marchese 'looking at it in bhe reVers~ manner and saying this [d give people the protectiO~ they deserve. Mr. anzi~to emphasized that this is not rental housing but ~bli~hedl residences for people. ~man in the audience wondered if anyone was paying for ~e people to stay in a home. Mr. Annunziato answered more th~n likely the Sbate will be paying, but it is rental housing. The woman asked if she would not be ~ing an income if she is the operator of the house and is by the State to have eight people living in the house. Annunziato answered affirmatively. The woman questioned it was not rental housing. Mr. Annunziato explained there is a differ~ence. ~he people residing in these ilitlies, if the reg~latlions ar'e voted on favorably, erally do not have the same kinds of options he has to housing at one of the new rental facilities. The ~n~rlepeated her question. Mr. Annunziato clarified that is a public related facility, and the other zs a market ility. Mrs. Huckle interjected that these would be ensed facilities, where there are regulations. If some- re~ts a house that they own, they are not licensed by Dne. They just rent th~ house. Wla ~e people are living in a single family home community wi h their children, the woman said suddenly they will have a tare run commercial facility going on next door. They wi 1 have facilities that she did not believe belong in a sin31e family home community. Mr. Annunziato thought that was the crux of the matter. Mr. Annunziato asked if Boynton Beach can turn its back on those people who have special housing needs that maybe are 19 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 citizens why they acr alm to Mr. otb now cou Mr s a n tio Mr s Mr. the 100 hay the It lar fac of Boynton Beach. He elaborated. The woman asked could not require that the lot size be half an or 1/3 of a lot, which would keep the facilities out of ,st zero lot lines. Mr. Cannon apprised her that it has ,e the minimum lot area required in a zoning district. Annunziato added that there is no special size criteria hr than that which is required in the zoning regulations for the districts. It did not mean that the Board Ld not include a larger lot size in its recommendation. · Huckle said up to eight persons would be considered as )rmal family, excepting that the operators are in addi- to that. She thought it would include the operators. Huckle remarked that would make a rather crowded house. Annunziato knew of very few single family homes where would generate eight people. With the criteria of square feet for a room, he said someone would have to a massive house to reach the eight criteria because wo~ld be talking about 800 square feet for bedrooms. oul~ be a five or s~x bedroom home and would be very ]e. It would probably require a specially built [lity. EveL though Boynton Beach would approve a group home in a sin fle family neighborhood, Mr. Biesendorfer advised that HRS will not. They will not approve one in an R-1 or R-2 nei hborhood. Leo the 27t hay abo he Com him Ief Mr . Gol bou fee Gol who ard W. Kanonik, 1330 S. W. 28th Avenue, stated that re is one that was licensed by the State at 1165 S. W. Place,in his neighborhood, in Golfview Harbour. They been trying to get the City Attorney to tell them it, and nobody says anything. Mr. Kanonik stated that ]gve a letter dated September 2, 1987 to the City ulssion, and no one but Commissioner Zibelli has given an answer. (It was noted that Commissioner Zibelli had this meeting.) Kanonik continued by saying there are two more homes in fview Harbour that are run by the State. Local Policemen Iht the houses, and there are about 1,100 to 1,200 square inside the houses. They are the smallest houses in fview Harb°ur, and they are being bought by these people know what they are doing. Mrs. Huckle asked what the houses are being used for. Mr. Kan)niklreplied that they are being used as halfway houses for Rids that are in trOuble. Mr. Walshak thought the - 20 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOY'TON BEACH, FLORIDA NOVEMBER 23, 1987 limits the Board was putting on group homes would probably pro~ibi~ any of that type of dealings going on in ~r. kangnik s n~ighborhood. Mr. Kanonik stressed that they have bee~ trying to prohibit it for three months, and nothing has bee~ done. Chairman Trauger stated that the Board was trying to write regulations that would "nail it down." Mr.~Kanonik told Mr. Walshak he realized wha~ the Board was doing, but he wanted to know why the Commission never gave his/~eighborhood an answer. After more comments, Chairman Tra'lger told Mr. Kanonik the Board ha~ heard his complaint. ~oard was trying to write regulations so that would not The hapl had the Mr. mad tha wer the Pac_ Mr. tha bom bed 200 fee wou two if ho. po'~ it. )eh again without the neighborhood's input. Now that it already haPpened, it would be the enforcement part of Code. Walshak informed Mr. Kanonik that the Board has really a stringent square footage package on this Ordinance the Board will pass, and he explained. Prior statements repeated. There was some applause. Mr. Kanonik told Members how large his home is. 36, paragraph c Annunziato wished to look at the CU issue, and he asked the Board relate a standard three bedroom, two bath ~ to the CU on the assumption proprietors will use one :Dom. He doubted that all three bedrooms would exceed square feet. The master bedroom might be 200 square plus or minus, and the two bedrooms which would follow id be less than 200 square feet. If they have one child, bedrooms would allow one person. Mr. Annunziato asked :he Board really wanted to subject a one person group ~ to CU. Chairman Trauger replied, "Unless it is the · t of view that we want to know about it and can deny A m on ask nei Cod thi His two him tha Har ~n in the audience knew no proprietor was actually living hhe projects Mr. Kanonik referred to. Chairman Trauger ~d who supervises the homes. The man answered that the hborhood does not know. Mr. Kanonik interrupted to say .s Enforcement and the Commission were to follow up on when he wrote his letter, and no one has followed up. neighbor across the street went to see the City Attorney or three times, and the City Attorney would never "give the time of day." Mr. Kanonik told Chairman Trauger t Chapel Hill does not have problems like Golfview Dour has. - 21 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOY, TON BRACH, FLORIDA NOVEMBER 23, 1987 Mr. Annunziato asked, "What if the proprietors' master bedroom is not 200 square feet?" He questioned whether that meant they could not occupy their master bedroom. Mr. Anngnziato thought they had to clearly understand what they wer9 saying. Mrs. Huckle did not think they were regulating the~bedroom of the occupants. Mr. Annunziato thought that should be very clear because they were saying, "including the operators and their families." He felt that language mi¢ it suggest that they were regulating the proprietors as well. Mr. Cannon stated that this was intentionally drafted to include the operators, but the operators could be excluded if :he Board wanted that. Mr. Walshak personally wanted it to include the operators. There were further comments. Mr. and sub cou one Ann "fa one the unr fal thr Annunziato again called attention to his scenario above asked if that should require a public hearing and ~iss~on of plans. Mr. Walshak did not know how they ld do it any other way. Mrs. Huckle questioned whether resident should be considered as a group. Mr. anziato felt that would fall under the definition of nily" and that it may not be an issue. If they exceed non-related, it would be a different matter. Right now, F could have the above situation occur because one ~lated person could live with you, and it would still 1 under the d~finition of "family". If they reach the ~shold of two, it would be a group home. Mrs Huckle thought they should be looked at because, in man~ cases, they are commercializing residential zones. It is ~ot a single family use any more. The Board tried in their early workshops to exclude them from residential zones, and the State mandated that they had to do it. There was discussion. Mr./Annunziato wanted to clarify that it becomes a group hom~ after the second unrelated resident. For the purposes of ~00 square feet for the bedroom area, it would specifi- include the proprietors, so if someone wants one of cal the Mr. not shc bei usi it hay ly se residential facilities, they will need a larger house. Annunziato admitted that may be restrictive, and he did know where it would lead the City, but the clarifications uld be in there so the public will understand what is ~g proposed. irman Trauger asked what would prevent somebody from buy- a house in a single family residential neighborhood and ng it as The Lord's Place. Mr. Annunziato answered that ~ould exceed the definition of "family". You can only one family per unit. 22 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 Mrs lea the the pu~ gro all num · Huckle determined that Mr. Annunziato was recommending ~ing paragraph "c" as it stands. She commented that if ~ exclude the operator, the operator might be lying on living room couch and giving up a bedroom for rental ~oses. Mr. Annunziato asked if the Board agreed that a · p would start at the second unrelated resident and that group homes will be Conditional Uses, regardless of ~ers and locations. This was agreeable with the Members. Mr. Annunziato asked the Members if they wanted a lesser standard for group homes in commercial districts in terms of yet bedroom area. Mrs. Huckle asked if Mr. Annunziato recoiled the size of the rooms in the new adult care facility. Mr. Annunziato did not know that they would meet this criteria. If they lessen it in the commercial areas, Mr. Wal~hak thought it would look as. though the City wants group hom~s in the commercial area, and he felt that would be fla3rantly violating the law. He asked why they did not just maiataln a standard throughout the whole City. Mr. Ann~nziato replied that is what ~urrently exists. hom thi tic whe ret fel bat co~ thi the Th~ on re! har thc the whe and ~n ~n the audience asked Mr. Walshak if they thought group ss belong in R-1 and R-2 zonings. Mr. Walshak did not ak SOo The man advised that they have to have an occupa- ~al license or they cannot operate. However, in instances ~e a citizen of Boynton Beach is handicapped or mentally mrded~ he felt they had the right to own, rent, or live those areas. In other words, the man said Mr. Walshak t non-related people should be able to liye in a single ily home in an R-i zone. Th~ man knew th~ Board had been t~ing this for three years over the problems in some tions~ and nothing has been d~ne abo~t it. Mr. Walshak merited that his feelings, personally, did not mean any- sg. The Board was trying to establish a criteria for City of Boynton Beach. man asked if the Board thought it would place a hardship the person that wants to rent if they are not allowed to in an R-1 area. The man did not see where it was a dship as long as those faciliuies were available. He uqht there were places where those facilities belong, and do not belong in R-1 and R-2 zones. Dr. Jackier asked re they belong. The man replied that they belong in R-3 Commercial zones. Mr. Walshak personally agreed with the man, but said the law requires it. The man thought the Board was the law, and that the~Board was setting the law. That was what the people - 23 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 wer peo bom fri Wal put nei lik Wal hay him eom in( sir now wou fut the of Mr~ ty! res thi not tha of dis to may bec ex~ tag Mr. Plea tia Ann wou is Mr. is bot He pol to asking the Board to do, and they do not want unrelated ~le put in the same family dwelling, whether it be a group or a rental. The man also thought if someone rents a ~nd a bedroom for the winter, it should be illegal. Mr. ~hak thought the Board had been mandated by the State to this in all zoning areas of the City. Kanonik recalled that the audience was just told that a ~hborhood like Golfview Harbour would not have something ~ that. He expounded. Mr. Lehnertz thought what Mr. 3hak had tried to say was that the neighborhood did not to worry about eight unrelated people living next to in a small house, and he ~xplained. After several ,ents, Mr. Annunziato thought the question that was hang- was whether or not you have to have group homes in 31e family neighborhoods. There is no law on the books that says you absolutely have to, but he thought what ld happen was a pnoblem that would be decided in the are. When you deinstitutionalize people, you want to put in a setting tha~ is the most conducive to the quality life. Huckle recalled asking if they could just allow that e of policy in the R-3 and the duplex section to cover idential, and Mr. Annunziato had told her he did not ak the Board could do that. Mr. Annunziato still did think they could, but he did not think there was a law t said that. However, he felt there could be some kind a challenge. For example, if children are highly . ~dvant~ged in terms of housing because of some disability, prevent them from living in a single family environment result in a situation where their disabilities may 0me enhanced. Mr. Annunziato admitted he was not an crt in this, but he knew the trend was to place disadvan- ed citizens in conditions conducive to personal growth. Walshak asked if the State would attack the Comprehensive if the Board did not address this situation in residen- 1 districts. If there is a State adopted policy, Mr. unziato replied that it is very likely that the City ld be subject to a consistency challenge. Until something adjudicated, he could not tell the Board what the law is. Annunziato said he could tell the Board that the State going to review the City's Comprehensive Plan against the Region's plan and the State's Comprehensive Plan. said the City has to address all applicable State icies for consistency with the City's Comprehensive Plan include the paragraph where they find consistency. 24 - MINUTES- PLANNING & ZONING BOARD SPECIAL MEETING Boy'ToN BEACH, FLORIDA NOVEMBER 23, 1987 Mr Walshak repeated his question, and Mr. Annunziato ans~ered that he thought the State was going to challenge all Comprehensive Plans that do not adequately address the housing issue. That is the talk around the State right now. A m~n in the audience advised that the Board will have to define what a bedroom is because the beds can be moved into the living room, which is a bigger room. He felt it was a mat:er of interpretation. The man thought it would be easLer to challenge the State.than 40 irate citizens. A wom~n asked why they could not say they do not want it in sin]lc family homes PERIOD. Many people agreed. If the St~e probably does challenge the City, then the City will fie %t. Mr. Annunziato emphasized that is the public's ar~ ~ment, and that was why the regulations were being put be~)re the public. The~e was an argument between Mr. Kanonik and Vice Mayor Mar~hese. Mr. Annunziato continued by saying these are issles the public has to debate. In addition to the Compre- hensive Plan issues with the State, there is a fairness iss Le. The argument broke out again, and Mr. Kanonik shouted tha. he came to speak for the people. Mr. Cannon advised fha there were only two other changes that the Board had recDmmended. If 3roup homes are allowed for unrelated persons, Mrs. Huckle wonlered if they would end up with unmarried people ~n a comnune type of thing. Mr. Annunziato said these regulations wer siding with the HRS regulations. Mrs. Huckle asked how those regulations would exclude that type of congregate living. Mr. Annunziato replied that they would have to get a license from HRS as well, and HRS would not license that as group home. Mr. Walshak asked if HRS has to notify the City. Mr. Cannon answered, "No." Mrs. Huckle asked how HRS could deny a bunch of teenagers out of work, who wanted to share a house. Mr. Annunziato answered that they would not meet the qualifications of a grcup home under the definition. Mr. Cannon agreed. Mrs. Huckle asked if a group of unemployed people would not be considered as being disadvantaged. Mr. Annunziato stated tha~ the definitions are referenced to Florida Statutes. Mr.~Cannon read the definition of "group home", which appears at the bottom of page 35, and said the different categories of group homes begins on page 39 with "Adult Congregate Living Facilities". Mr. Cannon said each of tho~e terms is defined in the definition as being a 25 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 fac suc If the Dec see the Cit app Com gro wou rio hen Mr. not poi E&A has Mr. th~ If col not the Mr. the spe lat but per per rez CU a r Huc a d loc Pa~. The Jac [lity which is licensed by a State agency and defined as under State law. :hey eliminate group homes in residential areas and send Comprehensive Plan to Tallahassee by the 31st of ~mber, Mr. Walshak asked what would be the worst case lario that could happen. Mr. Annunziato answered that regulations will not go to the State for review. The f haT an obligation to implement the policies which ~ar in the E&A report, which is adopted as the current )rehensive Plan. In that, they addressed several of the ap home issues with the understanding that Ordinances ld be adopted to more clearly define types, kinds, loca- ls a~d restrictions. When the City submits its Compre- · ive Plan in March of 1989, they will clearly address it. Ann~nziato confirmed Mr. Walshak's statement that it will be scrutinized by the State until March of 1989, but ~bed out that the City has an obligation to implement the report within one ye~Lr of its adoption, which the City been working towards over the last year. Walshak asked what would prevent the Board from saying will allow group homes, but only in Commercial areas. Boca Raton can eliminate group homes, he asked why they ld not. Mr. Annunziato informed him that Boca Raton did eliminate group homes. To the best of his knowledge, re was a public hearing, and the requests were denied. Annunziato thought it would be challenged. He asked Members to clearly understand that the instances are ~ial exceptions or conditional uses. It is not a legls- ire decision that is being made by the City Commission more of a fact finding decision. If the published formance standards are met, then Mr. Annunziato said a ni~ has to be issued. That is the difference between Dn~ngs and CUs. A rezoning is a legislative act. A is m~re administerial in nature and amounts to evaluating equest against adopted performance standards Mrs. kle added that the Boca issue was a specific denial, not enial of all residential areas. It was related to one ~tion~ e 38 Members recalled this change. Mr. Cannon asSured Dr. kier that this paragraph was left in. - 26 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 Pag~ 41 Mr. Cannon explained the changes on page 41. PUBLIC HEARING Cha any Pea the tit Tra did eme abo Lrman Trauger asked if the audience wished to comment on of the regulations. ~1 Wische, 1302 S. W. 18th Street, interpreted ~rgency" shelters to mean a destitute family coming into City and having no immediate shelter and thought the Le should remain as "emergency" shelters instead of ~porary", as recommended by Mrs. Huckle. Chairman ager referred to emergency fire trucks and ambulances and not think they were talking about the same type of ~gency. He did not believe what Mrs. Wische was talking at was an emergency. Mrs. Wische alluded to The Lord's Pla2e and people sleeping outside and stressed that is an emergency. Mr. Cannon agreed that it is called an emergency family shelter. Chairman Trauger said the Board had voted on ~t, and Mrs. Huckle told Mrs. Wische to b~ing it up be~0re the City Commission. Don per R-1 an~ not the cos Biesendorfer~ 829 Ocean Drive, thought they were ~ting the issue by going into the 100 square foot per ;on requirement for congregate living facilities or group is. ~e believed they had to eliminate group homes ~n the and R-2 zoning areas and allow them ~n commercial zoning R-3. Mr. Biesendorfer also felt that a facility which ~onstructed for the sole purpose of bein~ a congregate lng facility should go by the perimeters of the HRS and the 100 square foot requirement. He o~n.s an ACLF and ts to expand his facili~ty. Mr. Biesendor~er stressed it would definitely ~ffect his construction plans and ts, and it wou~d not r~ally help the ten~nts. Mr. Biesendorfer said the common areas are s~tipulated very carefully and stringently by HRS. In the H~S guidelines, it states that each facility is responsible for complying wit City and County Ordinances, which are to include busi- nes license requirements. Mr. Biesendorfer mentioned the ho~ Mr. Kanonik referred to, which does not~ have an occupa- tic al license or display an HRS license, a~d said the home must also comply with the City's zoning, building, and safety Codes. HRS Will arrange for ah inspection of fire safety and sanitation requirements. Mr. B~sendorfer did not think those things were being looked i~o. If they were, they were not being conducted. The Ciity could elimi- nate those facilities because ~hey could no~ pass the Fire - 27 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 The to Mr. fac abo his Fed and whi whi Mr . pur pro hay tho Bie fee must have smoke alarms with a central station that has De shut off in a general area of the facility. Biesendorfer said elderly people belong in certain [lities, and there is no elasticity to it when you talk · t disadvantaged persons. He informed Mrs. Huckle that ACLF is the Rustic Retreat Retirement Home at 1120 North ~ral Highway. It is a 22 bed facility on 1/2 an acre, Mr. Biesendorfer wants to expand it to 48 or 50 beds, =h was why he was here tonight. He is in C-4 zoning, nh is to be changed to C-2. Biesendorfer thought everyone was present for the same oose, to see the City reach a point where everyone can be ~d of what they are doing. Some cities around Boynton set quidelines that are much more stringent, and he aght they needed to follow those guidelines. Mr. sendorEer urged the Board not to slip back. He had a ling of that happening. Mr. Biesendorfer told Mrs. Huckle he complies with the HRS requirements, which is 80 square feet per person for just bedroom facilities. In addition to that are closets, bath- ro( and common areas. All of that is stipulated in the ~uirements and is spelled out quite clearly. They are very difficult, stringent guidelines. Mrs. Huckle asked if that was a converted building. Mr. Biesendorfer red %hat it was and said it was the Sunrise Motel they bought it. St( Schultz, 1164 27th Avenue, Golfview Harbour, lives beh the house Mr. Kanonik was speaking of, so he knows what is like to live next door because it literally is in his back yard. He did not think anyone on the Board would like to live where he lives now. If Mr. Schultz had known this meeting was being held, he would have recorded what has bee~ going on there for the past week. There is blasting music wit~ parties going on. It is the most poorly main- tailed house in the development. Mr.~Schultz moved into Boynton Beach because it represented a p~aceful quiet community. Now that these people have moved int~ the house next door to him, he can see the value of his property going down. Sunday, he started looking to see where he ~ould move to. Now that he hears there may be more of the~e homes moving in, it upsets him all the more, and Mr. Schultz wants to sell his house now and get the value out of it. 28 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 Mr. Lehnertz asked how many people are living in the house. Mr. Schultz replied that there has to be at least six. Vice Chairman Wandelt informed the Members that a minister had owned the house, but he sold it, and it was converted to this. Mr. Schultz did not know when the house was last painted and said the yard is covered with weeds. Their back ya~s border one another, and the weeds from that yard blow ~ve~ into Mr. Schultz' yard. He elaborated and said he built up a tremendous expense trying to maintain his yard and/finally gave up on it. Mrs~ Huck%e expressed that this obviously was not a licensed bom9 b~t lUSt ~ bunch of people living together. Mr. Sch~ltz said there is a constant turn of ~eople coming into the~bouse. Mr. Kanonik interjected that the house is regu- latgd by the State. A man that was to be here this evening was~cri~pled by arthritis, but he said it is a State run ~e, and there is nothing the City can do about it. Mr. hou Kan emp Dnik said he informed the City Commission about this and ~asized that nothing was done. Chairman Trauger asked if anyone had been to the City Manager about this. Mr. Schultz did not know all of the ste~s but was voicing his opinion now because he was tired of it. He did not want to sell his home and wanted to stay in Boynton Beach. Chairman Trauger told Mr. Schultz to write out what he knew about the home and said to take it to the City Manager's office with a date on the letter. Mr. Schaltz informed Mr. Ryder that he has been in his home for 18 ~onths. Mrs. Huckte expressed that this ~s the kind of thing the Board does not want to happen. Th~ Mr~ bec Cod can mea the lic If som Man be Mr . the to~ ~e was discussion about whether the City can do anything. Lehnertz felt Mr. Schultz should go to Codes Enforcement ~use they are the ones who are supposed to enforce the es of the City. Just because someone in a house says they sot be touched because they have State approval does not anything. What Mr. Kanonik was trying to say was that person zn the house is supposed to display the State ense and is supposed to have a City occupational license. the person does not have it, the City is supposed to do ething about it. Mrs. Huckle advised ~hat the City ~ger would alert Code Enforcement if he thought it should looked into. Walshak questioned whether the Board could recommend that City Manager send Code Enforcement people to the place orrowo Chairman Trauger replied that one of the persons - 29 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOY'TON BEACH, FLORIDA NOVEMBER 23, 1987 before them had to complain. If the Board recommended this, it would be merely hearsay. The Board informed Mr. Schultz of ~he location of City Manager Cheney's office. Leonard Kanonik, 1330 S. W. 28th Avenue, Boynton Beach, Florida 33426, gave the Board a rough copy of the letter he wrote on September 2, 1987 to all of the Commissioners and Cit the ori Cle ~ Manager Cheney. Chairman Trauger read the letter into record. (A copy of said letter is attached to the Final copy of these minutes in the office of the City Mr. Kanonik stated that because of Chairman Trauger, Golfview ~arbour now has two Code Enforcement Officers. He sa3 the City, City Manager Cheney and City Attorney Rea kne about the letter, but nothing was done about it. Chairman Trauger stated that the letter would be placed into the record. Mr. Kanonik commented that nobody will listen to him, and he was grateful for what Chairman Trauger did for Golfview Harbour because they could not get anything don by Codes Enforcement or the City Commission. Mr. Cha prc Ave a t By wil is Cha mak the Mr. but pec whe ren tbs a ] Vi~ the Cas Kanonik stated that Mr. Annunziato, Mr. Ryder, and irman Trauger knew that three years ago, they had a lem with a lot of people living at llth Street and 27th ue. The same thing is happening now, only now it is ansient house. For three years, nothing has been done. the way they were talking tonight, Mr. Kanonik said they be doing the same thing all over again because nothing enforced. irman Trauger assured Mr. Kanonik that somebody will a complaint to the City Manager. He told Mr. Kanonik he could make one too, and there will be a reply within to six days. Schultz agreed that these people must have a place to go, they do not belong in a residential community. The ple are transients, so they should be put in a place re people normally come and go, which is Commercial and tal apartment areas. Mr. Schultz explained and added t whatever problems there may be, these people are having ard time relating to the community. He repeated prior tements. e Mayor Marchese commented that Mr. Kanonik's letter was same letter he read to the City Commission, and Mayor sandra had directed City Manager Cheney to give the facts - 30 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYI~ITON BEACH, FLORIDA NOVEMBER 23, 1987 to sta ton kn, Vi ver aris blo gua Che Wal mon Vic pla :he Commission. After elaborating, Vice Mayor Marchese ted that he would find out the progress of the letter Drrow and let Chairman Trauger and Vice Chairman Wandelt Mayor Marchese remarked that City Manager Cheney is a thorough person and they probably did not have an ~er now ~ecause City Manager Cheney ran into some road- =ks. Chairman Trauger agreed. Vice Mayor Marchese ranteed everyone that he would be talking to City Manager 5ey about this in the morning. He agreed with Mr. ~hak that Mr. Kanonik s letter was presented two or three tbs ago. There were further comments. Chairman Wandelt asked why they could not exclude these .es from Residential. There was discussion. THE BOARD TOOK A BREAK AT 10:05 P. M. The meeting resumed at 10:15 P. M. Page 1 Mr./ Annunziato directed the Board's attention to this page an~apprised the Members that this was more or less an excerpt from the E&A Report, which was adopted as the Comprehensive Plan for the City. It is policy which was adc )ted by the Board and the City Commission. Mr. Annunziato ref ~rred to the regulation the Members were reviewing and ap~:ised the Members that they would have to make a finding of consistency with the Comprehensive Plan and would have to make a finding of their action with the policies that were stated here. Chairman Trauger asked if a motion was needed saying that the comments the Board concurred with tonight were consistent with the Comprehensive Plan~ Because the Board is the Local Planning Agency, Mr. Annunzlato replied that the Members should be making their findings consistent with the Compre- hensive Plan. Chairman Trauger asked if the Members wished to make any comments. Mrs. Huckle read the third paragraph and felt if they were thinking about wanting to make a recommendation to include R-3 and Commercial zones, she felt they would want to ~mend that paragraph. It was her preference to see if they could work it through R-3 and Commercial, which is where group housing is. Morally, she thought they had an obliga- tion to at least include R-3. If a challenge were made and - 31 MINIVfES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 it alw Mr: trl res in If nei 12. peo a 1 fel soc corn sto nei tho Res was ~ould come back, Mr. Walshak pointed out that they could lys throw it in later on. Lehnertz preferred to go the other way. Although he ~s to push for a pro-residential neighborhood and pro- [dential city, he felt within the guidelines they worked :hat those types of restrictions were fairly reasonable. ~. Lehnertz was not married, he calculated that he Id have three people in his house besides himself. His ]hbor has two parents and five kids (t~e oldest being ) Mr. Lehnertz said to compare that with three elderly le who would not go a lot of places and would not create lrge disturbance. He gave other examples. Mr. Lehnertz : the people needed to adjust to society and live in let~, as opposed to being put in mass group homes or ner.ciai areas where they are surrounded by warehouses, 'es, etc. He also dim not want to see any residential ihborhoods go doWnhill because of this. Mr. Lehnertz ~ght they had made this restrictive enough for ide~tial with the 100 square feet and that what they had acceptable. Originally, Mr. Walshak was operating under the same premise as ~r. Lehnertz, but at that point and time he thought they wer9 being mandated by the State. Through discussions this evening, he found out they were not. Mr. Walshak urged the Board to set its own standards. He preferred to see the group homes in the Commercial areas and, if necessary, into R-3 only in Residential districts. Mr. Walshak thought they could lower the standard to the standard set by HRS (80 square feet). He expounded. Chairman Trauger agreed and commented about Residential areas. Motion Mr. Walshak moved to restrict group homes to R-3 Residential and Commercial areas with the stipulation that group homes meet the square footage as outlined in the HRS guidelines. Dr.i Jackier seconded the motion. MrsI. Huckle asked Mr. Annunziato why the Planning Department bad,wanted the 100 square feet. Mr. Annunziato answered tha~ it was a way to ensure that, in single family areas, they would have a home that was large enough to accommodate the people. Mrs. Huckle asked if he did not think they would want to get it as restrictive as they could in R-3 toc. Mr. Annunziato replied that it was up to the Board. There was discussion about 80 feet. 32 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 The question arose as to how they could restrict someone from using the 100 or 80 sqare feet as a bedroom. Mr. Anngnziato answered that the presumption that the Board was still interested in requiring a public hearing, and that the' at WOU cha is re¢ sta Use was Mrs squ dis hay dis of a v Mot Com to to res Mr. the grc Wan Mot Mr. otl~ tha (us Ad' ru! Vic ti( would still be Conditional Uses. The Board would look iite plans, which would suggest to them where people [d be sleeping. Mrs. Huckle expressed that they had not lged that. Mr. Annunziato reminded the Members that it ~ Conditional Use in R-3 but not in C-3 in today's ~lations. He understood the Board was advising the City ~f that they would like group homes to be Conditional in all Commercial zones as well. The Members felt that reasonable. · Huckle asked what Mr. Annunziato thought about the ~re footage. Mr. Annunziato guessed that in the R-3 :rict with rental or new housing, they probably would not ~ 200 square feet of net bedroom area. There was =ussion. Mr. Walshak felt they would be penalizing some :he homes that were built to HRS specifications. Dte was taken on the motion, and the motion carried 6-1. Lehnertz voted against the motion. ~on Drder for there to be a finding of consistency with the orehensive Plan, Mr. Annunziato thought this motion had ~e accompanied by another recommendation to the Commission ~mend the Comprehensive Plan to change the policy which previously adopted, which allowed for group homes in all idential districts. Walshak moved to amend the Comprehensive Plan to change policy which was previously adopted, which allowed for up homes in all residential districts. Vice Chairman ~elt seconded the motion, and the motion carried 7-0. ion Annunziato pointed out that regulations were proposed er than group homes. He asked if he was to interpret the initial motion included all of the other regulations provisions, non-conforming lot provisions, Board of stment provisions, etc.) except for the ones that were ed out. e Chairman Wandelt moved to find all of the other regula- ns, except for the ones that were ruled out, consistent 33 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 23, 1987 with the Comprehensive Plan. Mr. Lehnertz seconded the motion, and the motion carried 7-0. ADJOURNMENT The the Pat 7e being no further business to come before the Board, meeting adjourned at 10:15 P. M. Three Tapes) 34 - AGENDA PLANNING AND ZONING BOARD SPECIAL MEETING DATE: TIME: PLACE: 2. 3. 4. 5. 6. Monday, November 23, 1987 7:30 p.m. Pineland Plaza 211 South Federal Highway Commission Chambers A~know!edgement of Members and Visitors R~ading and Approval of Minutes Announcements ~mmunications id Business w Business PUBLIC HEARING Review of amendments to the text of Appendix A Zoning of the City of Boynton Beach Code of Ordinances for consistency with the Comprehensive Plan, including amendments which are for the purpose of implementing the 1986 Comprehensive Plan Evaluation and Appraisal Report. These amendments include, but are not limited to the following: Changes to permitted, conditional, and prohibited uses in all commercial zoning districts, and uses requiring environmental review approval in these districts. Regulations which allow group housing in residential districts, commercial districts, and public usage districts. Re~iations which allow day care services in residential, commercial, and public usage zoning distr~cts. Reg~ations which allow ~z~ic~!n residential, co~narcial, and public usage zoning districts. Requirements for environmental review approval for uses which use hazardous waste, in all zoning districts. Performance standards for uses which use hazardous materials or generate hazardous waste, in all zoning districts. Rules for development of nonconforming lots in all zoning districts. Standards for-review of site plans and conditional uses in all zoning districts. Requirements for submission of applications for re- zoning and variances to the zoning regulations, in all zoning districts. B. Adjourr=~snt of Meeting.