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Minutes 10-29-87MINUTES OF THE PLANNING AND ZONING BOARD WORKSHOP MEETING HELD IN SECOND FLOOR CONFERENCE ROOM, PINELAND PLAZA, BOYNTON BEACH, FLORIDA, OCTOBER 29, 1987 AT 3:00 P. M. PRESENT Robert Wandelt, Vice Chairman Marilyn~ Huckle Mar~in Jackier SimQn Ryder Robgrt Walshak Gar[ Lehnertz, Alternate ABSENT Carmen Annunziato, Director of Planning Tim Cannon, Senior Planner Wal Har Bob Vic Co~ Mr o and var The the Saf vek a ¢ et¢ Fi¢ a~ Mr ca: pe~ ab( wok dis to ( A( ter "Marty" Trauger, 01d Blanchette Rousseau, Alternate Chairman e Mayor Marchese and Owen Anderson from the Chamber of merce were present in the audience. Cannon called the workshop meeting to order at 3:05 P. M. handed out excerpts from the Florida Statutes for the ious terms regarding group homes, foster care, etc. re were a couple of legal sized sheets which contained classification system used by the Department of Highway ety and Motor Vehicles. When they refer to types of icles, Mr. Cannon said they would refer to the rules for lear definition of what an automobile, commercial truck, · is. The numbers to the side of the portions of the rida Statutes that were boxed in were the numbers that responded to the first three pages where the definitions Mr. Cannon explained. .ult Day Care Centers Ryder asked to what extent the City covers adult day e centers specifically. He knew the City had it as a missive use and thought the City would be hearing a lot ut adult day care centers. Mr. Cannon replied that he ld get to that. They would be allowed in certain tricts under certain conditions. There was discussion as whether Praxis is an adult congregate living facility LF) or an adult day care center. MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 Cha~ges to Text of Zoning Regulations to be Adopted Pursuant to ~986 ComprehensiVe Plan EValuation and ApPraisal (E&A) RepOrt Page 17 g' Cur Und par to~ to Re~ Cit pe~ has al~ Mr o (4) pag est met a ¢ po~ cas and Out son Pa] CO~ no~ Th~ lo< di~ Mr, to imf WO% me ! an~ the Cannon reminded the Board that they skipped over page ~esterday because of revisions to the zoning application airements. rent Zoning Code age 1937 er paragraph (2), Fir. Cannon said they would add a mgraph (3) to this page. The language for that is at the of page 17 of the "Changes to Text of Zoning Regulations be Adopted Pursuant to 1986 Comprehensive Plan E&A crt." (A copy of said report is in the Office of the y Clerk.) Mr. Cannon said these are exemptions for pro- ties which are proposed to be annexed. Either a project been approved by Palm Beach County, or the property is eady developed. Cannon said the specific application requirements 4.h. 4.h.(5) etc. (referred to on page 17) would start on 1938.2 of the current Zoning Code. 4.h.(4) is an imate of employees. 4.h.(5) is a traffic impact state- t. 4.h.(6) is a comparison of water demand. 4.h.(7) is omparison of sewage flows, and 4.h.(8) is a comparison of ulation projections. Mr. Cannon said there are some es where the City would want this type of information, he thought the Planning Director would be able to sort when it is relevant and when it is not. There may be e cases when property has been developed for years in m Beach County and, because of the annexation agreement ch is attached to all of the City's water service tracts, the property would now have to annex. There would be any reason at that point to make them do a complete ~ct statement if the property was completely developed. impacts are there, regardless of where the property is :ed. Mr. Cannon emphasized that this would be at the cretion of the Planning Director. Cannon said the City Commission will be given the power impose or require that any development orders or conditions osed by Palm Beach County continue. The City Commission ld also be given the power to impose additional require- ts. Mr. Cannon said there may be some cases where ~ndi- ual lots would be annexed into the City, and an impact lysis certainly would not be warranted in a case like - 2 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 Mr. Annunziato interjected that the potential of this happen- ing in the future is really great. He suspected that, in the future, they would see an amendment to the annexation regllations from the State similar, perhaps, to Delray's Special Act. They may see populated and unpopulated enclaves be ~ubject to referendum or, if the Health Department ever got serious about requiring tie ons for a utility system whe~ possible, the City's utility policy would require annex- atiDn. This has not been much of a problem in the past, but Mr. Annunziato said it is quite likely the City will be fa( ~d with these kinds of situations in the future. Ch~ Mr. men The ord sai res the Zon 193 Mr. The owe Pla the foJ~ inJ Pla th~ nar Lges to Text of Zoning Regulations ~ge 17 3, C~ 3 Cannon advised that the first "3. Initiation of amend- ts" was redundant and the Members could cross that out. re was discussion by Mrs. Huckle and Mr. Cannon as to the er in which paragraphs 3 and 4 should appear. Mr. Cannon d paragraph 3 clarifies what the City's powers are with pect to zoning and land use amendments. It would exempt City from requirements in 4.b, 4.c. (Page 1938 of the lng Code), 4.d (Page 1938.1), 4.h.(2) and 4.h.(3) (Page .2). Cannon informed the Members that the City has the power rezone and change the Land Use Plan at its will, as long the City follows the required advertising procedures. refolre, the requirement for consent from the property ers under 4.c is not necessary. Mr. Cannon said the nnin~ Department thought it would be desirable to clarify t. Then the City will not require the consent of perty owners in order to rezone property. The exemption the requirement of a warranty deed and a survey follows m that thinking. The City does not have to gather the ranty deeds or survey property if the City takes the tiative to rezone it. Ryder noticed that it said either by the City or by the nning and zOning (P&Z) Board. Mr. Annunziato advised t this opportUnity currently exists in the Code of ordi- ces. Mr. Cannon continued that 4.h.(2) and 4.h.(3) are statements of uses and proposed timing phasing. With regard to the - 3 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 rest of the requirements under h on pages 1938.2 and 1938.3 of ~he Zoning Code, he.felt the City should be required ~o at Seast evaluate the impact of any City initiated rezonlngs sin~e he thought there had to be some bas~s for rezoning property and there had to be evaluation with regard to the sta%dards in the Comprehensive Plan. Mr. Cannon explained. Page 1938.2, Zoning Code Mr. Ryder read the first paragraph under "h" and asked if the City does that now. Mr. Annunziato answered affirma- tively and added that it is part of the material that is subnitted with the rezoning applications. There were comnents by the Members. Mr. Annunziato apprised the Members that the way the City's system is organized, except whe the City is implementing the E&A report and Compre- hensive Plan, the City processes the rezonings and does not go ~hrough all of this work. For lik example, Mr. Annunziato said the City has an application ~ a big shopping center, where the person wants to rezone pro)erty. Because decisions in Boynton Beach are now finite, the City begins to understand with a certainty what the future land uses are. The land uses in the Comprehensive Plan have been balanced against the ability to ser~e. It is most easily understood in terms of roadway capacity. When there is a zoning application which intensi- fie~ land use, say from a residential classification to commercial, Mr. Annunziato said you intensify trips per day. The~only way to determine whether or not there is capacity in the roadwa~ system at build out (because the land use element has been balanced against the ability to serve), would be to take the degree of change and play it against tbs ca~ den con cfi Ths Bou exF wh~ a s th~ wi] infrastructure system that serves it. If there is no ~city to serve that increase, those are your grounds for al, and Mr. Annunziato said they almost cannot begin to ider an application. That was the reason for the eria. Mr. Annunziato further explained. re was discussion about the traffic on Boynton Beach levard due to only one lane being open. Mr. Ryder ressed that it was an indication of what can happen. Huckle recalled that the Board has run into a problem they have a traffic study and the applicant brings in tudy, and the studies do not jibe. Mr. Annunziato told Members they will see something in a month or so that be very interesting. A lot of applications will be - 4 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACB, FLORIDA OCTOBER 29, 1987 reslbmitted. gen tio sci By varying the assumptions of how trips are ~rated, Mr. Annunziato said they have reduced the genera- ~ of new trips by 58%, so there is art as well as ~nce, which is why the City has to have experts. Mr. Cannon said paragraph "h" states the basis by which the applicant has to estimate the impact. It has to be the max'mum intensity allowed by the zoning unless the applicant makes a concrete proposal for a number of dwelling units per squire footage. Cha~ges to Text of Zoninq Regulations ~e 18 Mr Cannon said the first paragraph would exempt the City fr¢ the requirement that would be placed upon an applicant as far as resubmission. The Planning Department was trying to be consistent with the intent of the Florida Statute in that the City's power to rezone and amend the Land Use Plan cannot be impaired once the City follows the advertising document requirements. Mr Cannon agreed with Mrs. Huckle that the first sentence in the first paragraph should read, "Within one (1) year after the date of final action by the City Commission or withdrawal. " Mrs. Huckle further read, .no appli- cation for like or similar zoning .," and she asked if the terms "like or similar zoning" would be hard to deter- mire and if they were vague. She questioned whether there shculd be something more specific. Mr. Cannon referred her to page 1938.3, where it was specified what would be acceptable within that time period for resubmission. Gererally, he said it is a 25% reduction in some category of i~ act. Pa e 1938.2, 4, h Mr. Lehnertz referred to the clause about using the maximum intensity and the less specific limitations of approach by the applicant. Since he has been on the Board, he has seen wh~re someone has asked for rezoning and has proposed some- thing that has been at a lower density or less intense use. If the Board approves rezoning from residential to C-1 or C-Z, even though they propose one particular type of develop- mert, Mr. Lehnertz said nothing is in there to say if the wh¢le projec~ falls through, they could not have the maximum intensity use for that. He did not see anything to preclude - 5 - MINJTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOY'TON BEACH, FLORIDA OCTOBER 29, 1987 tha Leh som the app one of Mr. the Att mit dwe Cit the It the men lat con abI whe Pa( Whe Can cou co~ the pro Can wou pro was from happening. Looking at a worse case situation, Mr. 3ertz couid see where an applicant could come in and get ~thing rezoned by saying they were going to cut down on intensity of use. The property would be rezoned; the licant would sell the property to someone else, and some- else could put in four stories and the maximum intensity ~se on the rez~ned property. Cannon responded that was a subject of debate between Planning Department and the City Attorney. The City Drney's position has been that even if an applicant sub- ~ specific materials which limit the height or number of llings, once he has that zoning, unless it is a planned ing district where it is specifically allowed, future ~ Co.n~.issions would not be bound by any representations applicant made. It wOuld, in effect, be ~ontract zoning. seems to the Planning Department that it actually says in 1985 Growth Management Legislation Act that local govern- ks are encouraged to use innovative land development regu- ions. He thought that could be construed to include tract zoning if it is based upon some rational, reason- m performance policies which are explicitly stated some- =e~ 1936, 1st paragraph at the top ~ they revised this section about a year or so ago, Mr. non stated that materials submitted by the applicant id be imposed as limiting applications. If an applicant ms in with a request for rezoning and proposes to keep · mpact down considerably from the maximum usage of that perty under the rezonlng, Mr. Lehnertz asked if Mr. non was saying that those conditions and stipulations id remain in effect for the development of that piece of perty~ assuming that land was rezoned, no matter if it that applicant or whomever developed it. Mr. Annunziato added that the Statutes are clear and the wor~s were all ambiguous. They could issue land development ordmrs with conditions, and one of the things that defines it ~s a land development order is the rezoning. Mr. Ann~nziato emphasized that it clear as a bell. What has ha ~ened is that right now one District Court sees it one wa and another District Court sees it another way. Until th plays itself out, Mr. Annunziato thought City Attorney Rea was being conservative, but Mr. Annunziato did not think the words could be any clearer. - 6 MINU~ES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYN~ON BEACH, FLORIDA OCTOBER 29, 1987 Mr. Cannon stressed that it was important that where the cOnditiOns are imposed, they can.be tied someho~ into the COm~rehensive plan. He thought if they Could tie limiting conditiOnS into meeting some kind of level of service or other standard or policy in the Comprehensive Plan (even a general poliCy like preventing land.use c°nflicts) and as lon~ as there Was some kind of finding by the Board and th~ Cit~ commisSiOn that the limiting conditions Were Connecte wit~ the comprehensive plan, that they would be on Safe grOUnd. Mr, Lehnertz questioned whether that was something they coU[.d expect future City Commissions to uphold once!one ~icUlar commission has aPProVed a rezonlng with those par' typl Pa<, gral tha rez, rev a f the sub the res tha inc rev Vic den he the frc prc of cbs WO< Boa Wo5 her ~s of stipUlations. 19381,11 (b) ~esponse to Mr. Lehnertz' question in the preceding para- )h, Mr. Cannon said paragraph (b) on this page states ~ if the Commission imposes %imitations at the time of )ning, any change to those lzmitations would have to be cewed by the City Commlssion, and they would have to make Lnding that it complies with all current regulations and Comprehensive Plan policies and that the changes are not tantial. The City Commission could make a finding that change is desirable or warranted. That satisfied the 3rvations Mr. Lehnertz had about that. Mr. Cannon added ~ the paragraph goes on to say that if there is an cease in impact of more than 10%, it would have to be [ewed again. Dr. Jackier felt that was reasonable. ~ Mayor Marchese said to suppose he has a pzece of real- rial property that he wants rezoned to C-2, and he says is going to put such and such on the property. He gets rezoning. Vice Mayor Marchese asked what would stop him not abiding by what he promised and to go the full it of what C-2 has. He inquired how the City could tie up if he would come in saying, "If I rezone a piece of perty~ he will do such and such within a specific period time." Mr. Cannon replied that the paragraph says any nge he would want to make to what was originally repre- ted or to what the previous property owner represented ld have to be reviewed by the Planning Department, P&Z rd, and the City Commission. The Board and ~he Commission ld have to make a finding that whatever needs changing plies wi%h all current regulations in the current Compre- sive Plan policies. Mr. Cannon told Vice Mayor Marchese - 7 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 if ~he change he was proposing would increase the impacts by mor~ than 10% in any case, it would have to be readvertised as ~'new zoning application. Vic~ .M~yor Marchese wanted to see if he could repeat that. He ~aid to suppose a guy ~anted to develop a piece of property om Woolbright Road and said he was going to put in approxi- mately 15 medical or profess~o al offices. The residents wer~ in favor of the rezoning, and it was approved by the P&Z~Board and the City Commission. Vice Mayor Marchese asked if it was correct to say that the man was approved on a c~n~itional basis, and he had to stay with that. Mr. Canlon answered affirmatively. Pag~ 1938.10, paragraph 14 ! Mrsi Huckle called attention to this and was informed by Mr. Can~on that it i~cludes! both planned zoning districts and conventional zoning districts. Paragraph "a" refers to planned zoning districts and "b" refers to conventional zoning districts. Mrs. ~uckle thought paragraph 14 on page 193~.10 sounded like it was referring only to planned zoning dis Mr s ask If of are onl If ~uc tha pla no op~ the was zon sai Cha Mr ~ricts. Mr. Annunziato asked that she read paragraph "b". · Huckle argued tha~ the title starts on page 14, and she ~d if ~hat was not conflicting or needed interpretation. ~ou look in the general rules of construction in the Code Drdinances, Mr. Cannon said the titles of the sections no~ according to C~de. They are there for clarification person ~s not in a planned zoning district, Mrs. kle did not think the person would think to look further paragraph 14, and the way she read it, it referred to nned zonin~ districts. She questioned whether there was ~ifference in tying things up to conventional zoning as osed to planned zoning. Mr. Annunziato answered that re is a difference. That why Mrs. Huckle was sa~ing this bothering her. If these were limitations to planned ing d~stricts, she thought it was unclear. Mr. Cannon he could clarify the title. Mrs. Huckle explained. Ies to Text of Zoning Regulations age 18 Sec. 10. Board of Adjustment (BOA) B. POWERS AND DUTIES: Ryder asked if the recommendation to add a new paragraph - 8 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 g el furt foul Zen2 fee] Wal! sal( Vic~ Att, thr, goo~ the. sho' tha to sam Mr. som ans Vic Com of cle pol gra gra Ann pro Aft Var whe of tha SOH iss Mr s lot ma: ~ page.1940 of the Zoning Code was an attempt to impose .her l~mitations. From his experience over the years, he ~d that to a great extent the BOA negates Planning and ng decisions or P&Z requirements. It has been Mr. Ryder's .ing that applicants get by by going to the BOA. Mr. ~hak agreed wholeheartedly, and added that was why he [ at yesterday's meeting that the Commission should take lek at the Ordinance for those variances. He felt the Commission should have the last say. Mayor Marchese had talked to City Attorney Rea. City rney Rea said they will never get out, if they go )ugh every one of the variances. They are doing a fairly job now but, in the event they start "goofing up" like have on the parking situation, then the ordinance ld be changed. The City Attorney highly recommended Whe Vice Mayor Marchese spoke : it be left like this. n ~. Annunziato about it, the words came out about the Ryder asked if Vice Mayor Marchese had been attending ~ of the BOA meetings recently. Vice Mayor Marchese ~ered that he had been. Mr. Ryder remarked that was why ~ Mayor Marchese felt that way. As he mentioned to the nission, Mr. Annunziato said there is an established body Law which deals with Boards of Adjustment. It is very ~r what the grounds are for granting variances. The icies of the Code are that variances should only be ated under exceptional circumstances. If people are ~ting variances for unexceptional circumstances, Mr. ~nziato thought it was a people problem and not a Code Diem. ~r discussion, Mr. Annunziato said the Parking Let iance is much like the exception to the Landscaping Code, re they do not even hold a public hearing. It is sort site plan issue and an administerial act. In light of fact, Mr. Walshak said they went through all of the of changing the Ordinance so it has to be unanimous on ething administerial, whereas, they had a more important ue here. He felt, as Mr. Ryder did, that this was way important than the Ordinances the P&Z did on parking. · Huckle recalled that the Board had talked the parking issue. Mr. Walshak had said he thought it was super ority, and Mrs. Huckle recollected that she thought it unanimous. Mrs. Huckle thought the super majority was - 9 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 not a bad idea because it tied in with the BOA and their supper majority, but the BOA does not come back to the Com- mis~;loners if they do not get a super majority. Mrs The~ Dep~ hea GZ Mr. cur mat ent gro rel pag leg hom Gro B Huckle pointed out that the BOA is a very legal thing. ~e was discussion. Mr. Annunziato said the Planning L~tment would put together some language for the public ~lng. There was further discussion. ge 23 ~OUP HOMES Cannon informed the Members that there is nothing in the ~e~t zoning regulations that corresponds to any of this ~rial, and the Planning Department was proposing an Lrely new section (Section 11.4) that would deal with ~p homes, day care services, treatment facilities, and ted uses. He told Mrs. Huckle this would be inserted on . 1978 of the Zoning Code. The 1985 Growth Management slation requires that they address group and foster ~s. Since the E&A Report suggested that they write a ~p Home Ordinance, that was what the City was doing. GENERAL REGULATIONS Mr. Cannon said these apply to all uses under Section 11.4. B, l, says the City, in approving these types of uses, can lmpgse the conditions and requirements that are like any typ~ of development order. B, 2, states that the informa- tion.the applicant submits ca~ be construed by the City to be ~miting conditions on the types of uses they are propos- ing~ B, 3 establishes the Technical Review Board (TRB) mem- berBhip for the review of these uses. A subcommittee of the TR~ would approve group homes with less than 12 residents. However, the whole TRB would have to approve larger group ho~es and also any uses that currently require a site plan or conditional use approval. ]age 24, paraqraph 4 Th~ consideration that can be used by the TRB, City Commis- slo~, or any other City Board is spelled out. Fir. Cannon sai~ this was a paragraph the Members should think about to see~if other considerations should be added. Mr.~Ryder asked how this would compare with the adult care cen~er on Woolbright and 1-95 (Praxis) and Brother Joe - 10 - MIN~ BOY! ITES - PLANNING & ZONING BOARD WORKSHOP MEETING ITON BEACH, FLORIDA OCTOBER 29, 1987 Rani thai the boa~ lab~ res] was arg' for Dr. and lim abo det Flo Thi Can unl ade fro Mr. iss Cit on lic rio jus rio Mrs get tho car The tbs Mr. cou He ex~ fin The dis it po] .eri's building (The Lord's Place). Mr. Cannon replied ~ they interpreted that the zoning district in which Praxis center is located (R-3) allows for rooming and 'ding houses. It went in that zoning district under that ~1 as a conditional use. That project was evaluated with )ect to a conditional use procedure. The Lord's Place construed to be just an apartment building, since it lab!y is not for transient uses. People can stay there about six months. There was discussion. said, "Presence of adequate staff," Jackier noticed it he questioned whether the City was going to impose ~tations of that kind. He wondered how they would go it doing this. Mr. Cannon advised that HRS has very ~iled guidelines for all of the uses, not only in the ~ida Statutes but in the Florida Administrative Code. 3. aliows the City to consider, independently of HRS. Mr. ~on did not think the City would get involved in this ~ss one of the homes or other uses was not staffed ~uately. He suggested that the Board could ask that up %t, and it could be imposed as one of the conditions. Walshak asked if an ERS certificate would not have to be led prior to an occupational license being given by the 3. Mr. Cannon directed his attention to paragraph B, 2 page 23, which said regardless of whether HRS or the City ~nses them first, the City needs to request the informa- supplied to HRS. Mr. Walsh~k wondered why the City did not make it that before they can have an occupa- al license, they have to have an HRS certification. Cannon said the City could require that. · Huckle's understanding was that the P&Z Board did not a "crack" at any of these. Mr. Cannon replied that they ught it would be best for smaller group homes and day s services to be reviewed solely by the City staff. staff would treat them as special residential uses rather as an institutional or commercial use. Annunziato thought the decision to locate group homes ld be a very political thing, as Boca Raton has found out. thought the bottom line was, "Is that always fair?" He lained. Mr. Annunziato was not talking about the ancial beneficiary but the people receiving the care. se were obviously things being put on the Board for cusslon. Mr. Annunziato elaborated and then asked if made sense to set a threshold below which it was not a itical decision but basically an administrative decision - 11 MINqTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 to ! to ~ Mr. Mr. the] poll obj, sho~ Mrs on~ if tha ful ate a d In hap tha can get bom sou tha bac der pre mea wit all war The thc den Mr. est inf wif thc pec thi ~eet some criteria. He asked if they wanted the permit ssue or be subject to a Board/Commission review. Walshak inquired whether there would be advertisement. knnunziato answered that there would not be on some of (not for the low threshold users). Mrs. Huckle ~ed out that the neighbors would not get a chance to ~ct or to be heard. Dr. Jackier thought the P&Z Board [ld get a crack at it, even though it was spelled out. . Huckle questioned why it was any different than if some- had a valuable piece of property and wanted to get it )ned. She explained. Annunziato asked if the Board could reach a point where, .t is a political decision, they become so restrictive they will not locate two homes and they have not really ~illed the community obligation to accept its proportion- share of these kinds of facilities. He added that it is Lfficult decision. case like that, Mr. Cannon stated that inevitably what )ens is that the group homes get pushed into neighborhoods have the least political resistance. Generally, that be the lower income neighborhoods. As a result, you inequity in a City, and you might have all of the group ~s located on the north end of the City and none on the 5h end of the City. Mr. Cannon elaborated. Huckle has been here 29 years, and it seemed to her single family residential is taking a bigger and bigger of the hand between the condominiums, commercial lopments, etc. She emphatically stated she was out to serve single family residential as far as possible. If mt someone would take care all of these priorities Rout any public input, she wondered what would happen to of the single family residential. Mrs. Huckle adamantly ned that she was not going to sit by and not speak up. City started out as a residential community, and she ught there was nothing greater than single family resi- tial areas, but they are shrinking and being inundated. Cannon advised that the underlying philosophy had been ablished by the Florida Legislature. People that are irmed should have the same housing opportunity as a man, s, and 2.3 children should have. Mrs. Huckle still ught good government should include participation by the ple who pay the bills. Mr. Annunziato explained that s regulation suggests that below certain thresholds, - 12 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 the] Huc] onl~ for' com~ tha' wha' the imp, Mr as Mr exp the P Mr. the app Pa(. Thi tic gen ho~ cou on is the wh~ ths Mr o Di~ is ind sei ho~ · e would be a basic issuance by the City Manager. Mrs. :le argued that could be by someone who has been here two years. She hoped City Manager Cheney would be here a long time but pointed out that City Managers are as and go as anything. To her, this was leaving too much was too vital. Mr. Cannon thought they could decide kind of review they would want, as they went through individual uses. Mrs. Huckle stressed that it was an )rtant factor. P.~ragraDh 6 Cannon explained why this paragraph was very important ~ar as clarifying a lot of interpretation problems. ~raqraph 8 Cannon said this paragraph was very important, and he [ained that professional help uses such as licensed rapists have to be located in Commercial zoning districts. ~ragraph 9 Cannon thought this Community Relations rised of where these paragraph was necessary in order for Board and the City Commission to be uses are located. 25 Lragraph 10 paragraph was aimed at preventing any over concentra- in any one neighborhood. Mr. Cannon said there is a ral requirement for a 1200 foot spacing between group es and residential zoning districts. He said the City ld limit the location of additional group homes, based sOme known ratio. Mr. Annunziato interjected that this )articularly clear when you look at the Planning Rule in Comprehensive Plan as it applies to the Housing Element, ~e you have to make provisions for groups of individuals t ha~e special housing needs. Annunziato had talked to several different Planning ectors around the State about this, and it appears there a desire to take care of that percentage of those ividuats that you would normally find in the area you are ving!, but the ratios are not easy to come by. He asked many physically disabled people per 1,000 you would - 13 - MINqTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 exp~ that not men' dis~ it For Cou: loc~ poi: fai He i a vI Mrs 120 rel the Hom "re thi Mr. thi tiv up. it Mr. del sho int Wal it ur( Mrl th( sta req co~ the Cit An~ in ma~ ~ct to have. If the number was 10 for Boynton Beach, it .d be 10 x 44, or 440 citizens Mr. Annunziato stated · there is a strong desire among Planning Directors to exceed some ratio and to not become the County seat for :ally retarded individuals, for example, or physically Lbled persons, or to serve that particular population as ~lates to a City's total population. ~xample, Mr. Annunziato said West Palm Beach is the lty seat for County offices. There may be a desire to lte a lot of these group homes there. Mr. Annunziato }ted out that a lot of these things deal with equity and ;ness, and he asked, "How do you deal with those problems?" ~dded that they will have to deal with those problems in ~ry positive, forceful way. · Huckle re~erred to Mr. Cannon's statement about the ) foot spacing and asked if it would be valuable to :erate that. Mr. Cannon advised that the 1200 feet is at bottom of page 28, "f. Minimum Distance Between Group ~s." He agreed with Mrs. Huckle that he could say, ]ardless of the required distance of separation,~ or some- ~g to that effect. Walshak asked if it was true there was no case law that was verbatim from. Mr. Annunziato answered affirma- ~ly. Mr. Walshak commented that they could stiffen that He began reading paragraph 10 and recommended that ~nd in the third line, after "or within the entire City." Walshak felt the rest of the paragraph should be ~ted. Mr. Cannon thought any type of action like that ~ld have some rational basis. Otherwise, they could run problems, As far as an Ordinance was concerned, Mr. shak commented that unless it is tested in a Court room, is the law of the land. He repeated his suggestion and ed that they stiffen it up. Cannon thought it was necessary to have this because of language in the 1985 Growth Management Legislation tes that you have to accommodate the number of people that uire these residences, based on what is expected in your munity. If the City Commission arbitrarily decides that y are going to limit them, he thought it would put the y Commission in conflict with the State law. Mr. unziato pointed out that it would .put the City Commission jeopardy as well, because they would have no basis for ing a rational decision. There was discussion. - 14 MINITES - PLANNING & ZONING BOARD WORKSHOP MEETING BOY,TON BEACH, FLORIDA OCTOBER 29, Pagi 26 1987 P~.ragraphs 1, 2, and 3 The~ Mr. as ~ Zon~ Dew D Mr. lat ~e paragraphs covered institutional type facilities, and Cannon thought there was very little controversy as far ~hese types. They were basically limited to Commercial .ng and Public Usage zoning districts and Planned Unit ~lopments (PUDs) and Planned Commercial Districts (PCDs). GROUP HOMES Cannon said this was the beginning of the general regu- .OhS that would apply to all group homes. Paragraph a Thi~ paragraph:had a definition of what a group home is, and it Was limited to the group homes that ~ere listed in the Section. Mr. Cannon said the City Commission would have the fle(ibility, at its discretion, to approve group homes that wer not specifically spelled out elsewhere in the Section. Pa~ 27 The regulations at the top of this page spell out the maximum number of residents that can occupy a group home in any particular zoning districts. Mr. Cannon said the numbers cam~ from the recommendations.that were made by the Department of Health and Rehabilitative oervices (HRS). It is basically ei¢ at residents in a single family house, 12 residents in a du lex, 20 residents in R-3 zoning districts, and group homes wi n more than 20 residents would require*additional use approval~ and it would require a master plan approval in a PUE. araqraph (3) Mr ~ Cannon said this spells out the relationship between these regulations and the private covenants so that they do not supersede private covenants. The City may require evidence that private covenants would not be violated. How- ev~ , the City is not obligated to enforce those private co~ ~nant restrictions. Minimum Floor Area Per Person Mr Cannon and Mr. Annunziato had discussed this and finally arl ived at 100 square feet of sleeping area per person. The *Should be conditional. See 12/8/87 Minutes. - 15 - MISK BOY~ Hou~ but for dis, Thi all, nei, s m' a s e Mr. Pag P If hay wou rat P Mr. be to cer of as iTES - PLANNING & ZONING BOARD WORKSHOP FLEETING ITON BEACH, FLORIDA OCTOBER 29, 1987 ~ing Code states 70 square feet for a normal residence, Mr. Cannon and Mr. Annunziato thought it should be higher group homes. The Board Members agreed. There was ussion. Advertising signs paragraph prohibits advertising signs except those wed by the Sign Code. On most group homes in residential ;hborhoods, unless there are 13 or more residents or in lltiple family district, Mr. Cannon said they cannot have .gn. Minimum Lot Area 2annon read the paragraph. 28 ~ragraphs (7) fou have more than 40 residents, Mr. Cannon said you ~ to go by the density in the Comprehensive Plan. That Id be more of the larger, institutional type of use her than a small group home. Mr. Cannon explained. ~ragraph (8) ver of Cannon said this paragraph would allow group homes to ~stablished in Commercial zoning districts without having neet the minimum lot area in a zoning district. In cain cases where you have existing homes where some type 9rofessional supervision or nursing care is required, such ~n existing home in a C-3 zoning district, it can be con- ted to that type of use without having 15,000 square feet lot area. aragraph f Mr. the rec hoe Zon fairly common distance Cannon drew attention to this paragraph, which contains separatin requirements, and said they picked up the ommendation HRS came up with (1,200 feet between group es and residential neighborhoods). In looking at other ing Codes and group home regulations, he said it is a separation. 16 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 Page 23, paragraph 3 Mrs Huckle called attention to this paragraph, which says if ~he fac%lity would house 13 or more residents, "such plans would require review by the full TRB." It did not say any- thi]Lg about the P&Z Board, City Commission, or public hear- ing:~. Mr. Cannon referred her to paragraph (c) on page 27, whi~h says group homes with 21 or more residents will require app. tha' Cit' tha bef: rep 23, par app Mrs hea be sta and Com bet did to bom of thr horn In sai hay ths rec get (c Aft Ca~ goi not fei pos iitional use approval in an R-3 district and master plan :oval in the PUD zoning districts. Mrs. Huckle argued it still would have nothing to do with the P&Z Board, ~ Commission, or public hearings. Mr. Cannon responded : a conditional use requires TRB approval, hearings )re the PaZ Board and the City Commission. Mrs. Huckle Lied that it did not, according to parapraph 3 on page and she read the paragraph. Mr. Cannon explained that ~graph 3 on page 23 was limited strictly to the TRB in ~ovlng its uses. . Huckle asked where P&Z, the City Commission, and public ~ings were spelled out. Mr. Cannon answered that would required under paragraph (c) on page 27. Mrs. Huckle ~ed that it was very specific on page 23 about the TRB felt it should be more clear that the P&Z Board and City n~ssion get into the act. There was more disagreement ~een Mrs. Huckle and Mr. Cannon. Mr. Cannon explained it not attempt to say whether conditional use approval has Fo to the Board because probably a dozen or so group ~s are described on pages 29, 30, and 31. For each type [roup home, specific procedures are spelled out. The ~sholds a~re different, depending on what type of group it ~s. rder to do what Mrs. Huckle was suggesting, Mr. Cannon he would have to rewrite the Ordinance twice. He would to write everything on the following ten pages into one paragraph. In their conversation, Mrs. Huckle lled Mr. Cannon and Mr. Annunziato both saying that the Board would not be hearing these things, that it would political, etc. Mr. Cannon agreed that was true for the ller group homes and he again referred her to paragraph page 27. ~r more argument, Mr. Walshak said he agreed with Mr. lon that it did not need any more clarification. Mrs. kle thought Mr. Cannon had told them that P&Z was not ng to get into this. Mr. Cannon agreed that they would for smaller group homes, and he explained. M_rs. Huckle t that was wrong too. Mr. Walshak felt the P&Z Board's ition was clarified in paragraph (c), page 27. Mrs. - 17 MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 HUC] thai If ~ the vag~ Vic~ of · Mr. he ' Ann' det. add. [le did not agree. Vice Chairman Wandelt pointed out they cannot put 13 or more people in R-1. t did not bother the other Members, Mrs. Huckle guessed paragraphs were okay, but she still thought it was ~ Mayor Marchese questioned whether Boynton Beach was one ~he first communities to adopt this kind of Ordinance. Cannon answered that Lake Worth adopted an Ordinance, and ~hought West Palm Beach had. Mr. Cannon agreed with Mr. lnziato that Boynton Beach's goes into much greater ~il. He added that he thought that was desirable and ~d that you have to know what you are talking about. to Mr. Cannon's statements of Mrs. Huckle again referred kee)ing this non-political as much as possible and inquired why that was not just as appropriate for homes with more thaD 12 people. She thought it would be even more important for~a bigger project, as ~eople who live in R-3 projects are mor~ vocal than most little ~amily neighborhoods. Mr.~Annunziato remarked that Mrs. Hucnle's point was well- taken. If someone creates a facility which houses more than wha~ those thresholds progide for, he said it would probably be /nder site plan approval at a minimum, or if a structure is ~reated in excess of $100,000 in value. The more people you lit cha sai Whe cha nei mor Pa(. Mr. nu~ in nuE rec Hue sou have, the more it will change the character of the faci- y. If the physical character of a building does not ~ge (a house that looks like a house), Mr. Annunziato it would seem that the impact would not be very great. they start creating institutions, the physical acter changes, and it can ohange the character of the ~hborhood. Mrs. Huckle commented that it would be a lot emotional too. There were further comments. 28 Cannon asked the Members what they thought about the hers on page 28 (8 in a single family, 12 in R-2, and 20 R-3). Dr. Jackier asked how Mr. Cannon arrived at those bers. Mr. Cannon replied that they were based on the ommendations by HRS. They sounded reasonable to Mrs. kle. She asked Mr. Anderson for his opinion. The numbers nded good to Mr. Anderson. - 18 - MINqTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 Pag~ Mrs sec1 loo] larl Can] res~ s adul liv~ Mr, dis' The Pa9, P Mr. one P Thi Can plu giv bei br° spa Mrs hoe to tra pec Mrs and tic par re[ Mrs gr¢ cl~ 27, paragraph (d) Huckle read, "except as set forth elsewhere in this .ion," and she asked if there were limitations they should ~ at. For some specific types of group homes, particu- .y where some people may have some type of problem, Mr. ~on said there are limitations on numbers that are more ~rictive. It is a very fine tuned Ordinance. Mr. Cannon ~ed that he would say 98% Of typical group homes would be .t congregate facilities, where there are infirmed people .ng there that do not need custodial care. 28, paragraph f Cannon asked if anyone had any thoughts about the ~ance separation of 1,200 feet from residential properties. :e was no response. 29 ~ragraDh g Cannon pointed out that group homes will be limited to building. ~ragraph h paragraph set out the parking requirements, which Mr. ~on said was one space per employee on the maximum shifts one space for every five occupants. Some relief was ~n to the parking lot regulations. If a building is ~g converted to a group home, it does not have to be ~ght up to the Parking Lot Code as long as the number of ~es are there and the spaces are paved. ~ Huckle asked if this would apply to any and all group _s. If they took an apartment building and converted it a grou? home, Mr. Cannon said that probably the amount of ffic tneYWould have woUld actually go down because the ple in the home would not drive much or have any cars. · Huckle referred to One space for every five Occupants questioned whether they would have guest spots in addi- n or if that would be it. Mr. Cannon thought the one ce for five occupants was supposed to take care of the king 8emand created by the occupants and guestS. He eatedlprior statementS. · Huckle noticed there was a lot of variation in the up houses that were listed. Mr. Cannon suggested a lee that Would allow discretion by the TRB or Commission, - 19 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACB, FLORIDA OCTOBER 29, 1987 if t peo] the~ att~ se ii and app~ EXC, she dis as be Poi Mr. inf He hom enf tha pro The str Pa~. Mrs par par Vic Wh if sai Uss he of here was reasonable evidence that the departmental ew would be greater. Mrs. Huckle also thought if there ~ 12 people and only one parking space for every five ~le, and if there were not many Administrators, etc., ~e would not be many parking spaces· Dr. Jackier called intion to Manor Care, where people do not drive them- eS, Mrs. Buckle felt there shOUld be leeWay On that, she clarified that the TRB should have a common sense ioach. ~ra~raph i ~pt for runaway youth shelters and domestic violence Lters, Mr. Cannon said group homes in residential ~ricts are supposed to be occupied by permanent residents )pposed to transients. Mrs. Buckle asked how this could ~nforced to eliminate transients. She alluded to Bigh ~t and said this is one thing residents do not like. Cannon thought here, they would have to rely on the )rmation supplied to BRS as part of their requirements. ~h0ught the City could find out what the nature of the ~ wOuld be. Vice Mayor Marchese asked if this could be .rCed through Code Enforcement. Mr. Annunziiato answered ~ it cOuld be enforced if they could find out there is a ~lem. There was discussion about enforcement. Members talked about'numerous cars being parked on ~ets in Golfview Barbour. ~ 30 · Buckle observed that there was a paragraph "k" but no agraph "j". Mr. cannon asked the Members to change agraph "k" to "j" Mayor Marchese left the meeting. ragraph j re you have professional care or treatment of.any kind or you have a person with a history of violence, Mr. Cannon d they would only be allowed in Commercial or Public ge zoning districts. In the 7th line of this paragraph, said the wording should be changed to "at the discretion the City Manager." - 20 - MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 ParaqraDh 2, b Mr. Cannon said the Agel the of : are H%lC_ tiol meal C~n~ to Mr dom for Res of if dis Pac. The ser typ sit The dis req it the wou dis dis Mr. tyu que ths ths und not Mr. wh~ mos Co~ title should be "Residential Child Care Lcies", not Facilities, as that is how it is defined in Florida Statute. He explained that these are the types !acilities such as where HRS takes care of children that waiting for adoption and homes for unwed mothers. Mrs. ~le read, "Such uses shall not be subject to the separa- i requirements for group homes," and she asked if that it there could be several such homes in a community. Mr. Ion answered affirmatively but said they would be limited live children (the same as the foster home regulations). lragraphs c and d, Page 30, and Paraqraph e, Page 31 Cannon said the requirements for runaway youth shelters, ~stic violence shelters, and detention or attention homes delinquent children are the same. They are allowed in [dential, Commercial, and PU districts, at the discretion ~he City Manager. They require Conditional Use approval :he number of residents exceed 12 in an R-3 zoning 5rict or 20 in a Commerical zoning district. 31, paragraphs f and g. people referred to in these paragraphs may have more ious disturbances, but Mr. Cannon reiterated that these ~s of uses, where professional treatment is required on 2, would not be allowed in Residential zoning districts. ~ ~ould have to be allowed in Commercial zoning trlcts. If you have 13 or more residents, it would uire Conditional Us~ approval. If under 13 residents, would be up to the discretion of the City Manager. Both ex-offender and drug and alcohol rehabilitation centers ld be allowed strictly in Commercial and PU zoning tricts. They would not be allowed at all in residential tricts. Annunziato asked the Members how they felt about those es of facilities being in Boynton Beach. Dr. Jackier stioned how it could be prevented. Mr. Annunziato asked question because it will come up, and he wondered how policy makers felt about it. Ryder asked how the City stands commercially with eveloped areas. Mr. Annunziato answered that there ~s that much undeveloped Commercial property in the City. Ryder remarked that it might be hard to find a place re they can have some of t~ese things. Mr. Cannon felt of them would be in houses that are already in mercial districts. - 21 MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 Mrs1Huckle inquired whether the ~ity was mandated to have the~e specific types. Mr. Annunzlato replied that the policy of ~he State is that you have to address the special housing needs for all persons Mrs. Huckle did not see how the City cou d stay away from ~t. The Members agreed. Mrs. Huckle added that the City produces its share of alcoholics, etc. Pag~ 32, paragraDhs h and i Wit~ regard to developmentally disabled and mentally ill persons, Mr. Cannon said professional treatment on the pr~lses requires they can only be in Commercial zoning dis:ricts. If there are more than 20 in an R-3 district, the fam and Huc be but re¢ st~ Mr ab and the mea In dep Mrs Con hay s~r mar nor "p~ Mr. rat ill bet bre th~ int ~ would need Conditional Use approval. In a single [ly, Mr. Cannon sa:id it would be the usual eight persons, in the R-2, it would be the maximum of 12 persons. Mrs. {le questioned whether he was saying mentally ill could [na residential area. Mr. Cannon answered affirmatively clarified that they would be people that would not lire professional supervision, which would mean they are ~le persons. He added that they could be schizophrenics. Cannon apprised the Members that "developmentally dis- ~d" means mentally retarded and epileptic. This term "mentally ill" are defined in the Florida Statutes, and Members had copies of the Statutes. "Mentally ill" 5s a person has some kind of definable mental illness. ~ost cases he thought it would be schizophrenia or manic ression or a mood or thought disorder. · Huckle did not see a reference to R-3. Mr. Cannon nted out that it said "Residential, Public Useage, C-i." idering that these Sections were looking at people that greater problems or that could be of danger to the ounding neighborhood, Mr. Lehnertz thought maybe the imum number in R-1 and R-2 should be restricted from the mal run-of-the-mill types of homes that do not have blem type" residents. Cannon stated that he could guarantee that in certain e instances people who are mentally retarded or mentally will not be noticeable in a neighborhood. Their avlor is eratic and goes in cycles. Once in awhile, they ak down. The way HRS works, if they have a breakdown, are supposed to go to a crisis center until they calm and are under control. Then they will put them back o a residential neighborhood. - 22 MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 Mr. be ~ and mor~ Can'. in ] tha' tho- jus pic gra onl phi Pag' '~on tee Lehnertz felt putting a cap on it in R-3 districts would !ine, and he felt they should also establish caps for R-1 R-2 districts. Mr. Cannon asked if he washed it to be restrictive. Mr. Lehnertz answered affirmatively. Mr. Ion said they could make it five for single family, eight (-2, and bring it down to twelve in R-3. Anything above should have Conditional Use approval. Mr. Lehnertz ight that sounded reasonable. Walshak asked if the figures were something Mr. Cannon picked out of the air Mr. Cannon answered that he [e~ them out of the air~ but he will rewrite the para- )hs and readdress that. Mr. Cannon told Mr. Walshak the guidelines he had on the 8, 12 and 20 were what HRS ~e.sted. HRS likes for Group Home Ordinances to be as ~d as possible, and he did not go along with that tosophy. Mr. Cannon explaihed. 32, E. Treatment Clinics and Counselling Centers Cannon said these were more or less limited to Commercial lng districts, and he thought, in all cases, they would sire approval by the City Manager. Pa, 33 F. Foster Homes be Pr chi scb sid a Mr di~ Cannon said this almost totally reflected the language the Zoning Code. You can have a foster home with up to ~ children. If there are six or more children, it would ~onsidered as a group home. There was discussion. D__ay Care Services Paragraph 1 ently, Florida law defines day care homes as up to five ldren during ~school hours and up to ten children after ool~hours. BY state law, Mr. Cannon said they are con- ered to be a legal accessory use to any dwelling unit in esidential zone. There were comments. Paragraph 2 Cannon said this was an addition he made. Presently, care centers are not allowed in any single family zoning trict. The only circumstance where it would be allowed - 23 MINUTES - PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 would be if it was an accessory use. An elementary school wit] 200 or more students would be a Conditional Use. Thi. PU. Pag. P Pro a C P Mr. whi adu acc tio Mrs lic if Par Mr. and or wou in Sin hoR in tic re~ Pa~ Si son Paragraph 3 would allow day care services as a permitted use in any 34 ~ragraDh 4 ~essional treatment on the premises )mmercial zoning district. would have to be in ~raqraphs 5, 6 and 7 Cannon said these paragraphs dealt with adult day care, ~h is becoming increasingly important. Paragraph 5 said kt day care with not more than two adults could ~be an ~ssory use. If more than that, it would require Condi- ~al Use approval. Buckle asked if adult day care centers had to be ~nsed. Mr. Cannon answered that they have to be licensed ~here are three or more non-related adults. ~graph H Cannon said this was sort of a miscellaneous category, he thought it would include Brother Joe's institution any other type of emergency shelter. In any case, it ld be a Conditional Use in only the districts specified the paragraph. ce rooming and boarding homes are very much like group es, Mr. Cannon thought it would be better if they were this Section rather than defined elsewhere. The regula- ns for rooming and boarding homes are tied in with the ulations for group homes. e 35 ection 16 ce the Zoning Regulations seem to be getting more compli- ed, Mr. Cannon thought at some time there may need to be e delegation by different departments for administration. - 24 - MINUTES -,PLANNING & ZONING BOARD WORKSHOP MEETING BOYNTON BEACH, FLORIDA OCTOBER 29, 1987 The paragraph hav~ that flexibility. Pages 36 and 37 on this page would allow the City Manager to Mr. Cannon said there was not much substance Pag 36 requires an environmental review for in ?UDs. NEX Dr. mon 7:3 tio fer Mon hay ADJ MEETINGS in these pages. certain uses Jackier asked when the next meeting of the Board would Mr. Annunziato answered that the next meeting would Dn November 10, 1987 at 7:30 P. M., which is the normal ~hly meeting. On Monday, November 23, 1987, at 3 P. M., there will be a public hearing on these regula- ns. Mr. Annunziato said the City will have a press con- ~nce before then to generate some public interest. On day, November 30, 1987 at 7:30 P. M., he Said they will the rezonings to C-2. URNMENT The the Pat:~icia Ramseyer RecOrding Secretary~ (Two Tapes) re being no further business to come before the Board, meeting properly adjourned at 4:55 P. M. 25 -