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Minutes 01-06-88 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, WEDNESDAY, JANUARY 6, 1988 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor alph Marchese, Vice Mayor zell Hester, Commissioner ~eonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Cassandra called the meeting to order at 7:33 P. M. AGENDA Commissioner Zibelli requested the C-4 zoning be specifi- Cally addressed. Mayor Cassandra stated that was already on the agenda in Appendix D, and it would be covered in this meeting. ommissioner Mann moved to accept the agenda as corrected. otion was seconded by Commissioner Zibelli and carried 5-0. ANNOUNCEMENT Mr. Annunziato announced that the City Commission would meet in Special Session on January 21, 1988 at 7:30 P. M. at Pineland Plaza to conduct the second public hearing on the Proposed Admendments to Appendix A, Zoning. Mr. Annunziato then went over the agenda packet. He ~eferred to his memorandum dated January 6, 1988 which ttemptedto list those kinds of homes specifically group ~dopted as policy measures in December of 1986 and how an attempt is being made to implement this in the form of zoning regulations. The agenda packet is composed of two major pal:ts: I. Infol whic~ zonil was ~ Planl the the City Commission with recommendation from the P&Z Board. This is the technical document· Support docu- ments contain information related to Appendix B. This document relates primarily to the Group Home issue. ~mation regarding the zoning text amendments % consists of Appendices A through I with specific ~g code amendments listed in Appendix B. Appendix B ~enerated through workshop programs with the ling and Zoning Board, through public hearings with ?&Z Board, after preparation by Staff, then went to The agenda memoranda and materials related to the six rezoning applications were the last in the series of -1- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 rezonings which implemented land use changes adopted in the Evalauation and Appraisal (E&A) Report. They accompany this package because they were directly related to changes in the list of permitted uses in the commercial zoning categories. Several years ago the Communi~ty Redevelopment Agency and their planners recom- mended the properties on the east side of Federal Highway from the CBD north to the Boynton Canal be rezoned and the land use be changed from General Commercial to Retail Commercial and rezoned from C-4 to C-2. Additional criteria was adopted as part of that recommendation. The Planning Department was obligated to evaluate the permitted uses in the C-2 zoning cate- gory to make it more expansive. The nature of the zoning regulations requires that in looking at C-2 you must look at C-l, C-2, C-3 and C-4 due to the pyramiding nature. The six rezoning applications relate primarily to the C-2 zoning issues. Those will be subject to a public hearing on January 21st, as will the rezoning amendments. The list of permitted uses must be looked at prior to considering the rezoninq applications. The memorandum dated January 6th attempts to spell out those things which the City was obligated to as part of the E&A yepOrt. An attempt was made by Tim Cannon to see which pes of group homes were alluded to and the kinds of regu- lations that were referenced in the E&A Report. He then repared a list and noted which were suggested to be in com- lercial zoning categories and which were suggested to be in ~esidential categories. The third group was broken out for ~reas where there appeared to be some discretion. !here were 11 segments discussed at this meeting as listed ~nder the Public Hearing portion of the Agenda. Iayor Cassandra had a problem with the Public Hearing portion ~ince the people in the audience did not have the agenda Jacket. Mr. Annunziato had four extra copies which he pro- ,ided for the audience to share during the meeting. Mr. ~nunziato pointed out that many copies of the proposed 'egulations had been made available in the Planning ;epartment office, and dozens of these copies had been licked up by interested people. Mayor Cassandra requested hat Mr. Annunziato explain the procedure for the !ommissioner who has not been through this process pre- 'iously. Mr. Annunziato stated that the E&A Report as well s the Comprehensive Plan can be changed, but only by going brough an amendment change. lity Manager Cheney pointed out that the material was there ~ecause it was an attempt to implement what was done in the -2- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 E&A Report. He felt that the way to proceed was to take Appendix B and go through it page by page. i~. Annunziato stated that Appendix B in the agenda packet as the document as it exists. It had been recommended by e P&Z Board and a recommendation was included that the ~ity Commission amend the Comprehensive Plan to delete the )pportunity for group homes in single family residential :oned categories of land use. He explained that the words ~dded were underlined and those to be deleted had been lined ~hrough. Mayor Cassandra suggested that in the interest of ~ime that comments from the audience be held until called !or. Definitions ~r. Cannon came forward and proceeded with page 1, section ~. He explained that pages 1 through 7 are definitions hich are being added or changed. Most of them apply to the group home section. Mayor CaSsandra stated that he had a question regarding the definition of "children" but that question was answered the previous evening as "anyone under f8 years old." Mr. Cannon clarified that the word "child" lso had the same meaning as "children." Mayor Cassandra felt~ this word should be included in the definition section ~ity Attorney Rea stated that normally if a definition is ~ot provided for in the code it will take its common meaning. A problem could arise if legislature defined it and the City might not agree with that definition. City Attorney Rea felt it might be wise to define the word. City Manager Cheney pointed out that all the definiti this list are new additions if not underlined. If ons in underlined, it is in the code now and is amended. Mr. annon submitted a draft of the definitions to the P&Z ard. In order to show the P&Z Board changes, language was ded (shown by underlining) and struck out words were taken 9ut. City Manager Cheney pointed out that additional defi- nitions could also be added. Mayor Cassandra could not ~ead the portion that was struck out. Mr. Cannon felt that a definition of "child" or "children" dould be added and he would have that available for the meeting to be held on the 21st Mayor Cassandra pointed out ~hls protects the City and also clarifies the meanings of the words. ommissioner Hester questioned the homes in the north end here people are taking care of school age children. He -3- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 felt this was through the Department of Human Resources and wanted to know how they would be classified. City Manager Cheney stated there was one such home on 19th. Commissioner Zibelli wanted to know if that would have to be eliminated. City Manager Cheney stated that the City is aware this exists and it has never been a problem. Commissioner Zibelli explained that these were children who should not be in the home environment but were not bad enough to be in a juvenile center. Hr. Cannon felt that a determination would have to be made ~s to how this home is licensed by the HRS. A provision hich will be discussed later on is that all the uses listed will require an occupational license by the City. ~ice Mayor Marchese asked if the definitions were in accord- ance and in harmony with the definitions used by courts. Hr. Cannon was not sure, but he tried to make the defini- tions reference Florida Statutes and the Florida Administrative Code, where possible. Those would be the definitions the State would refer to. Dn page 3 the word, "emergency" was changed to "temporary" upon recommendation from the P&Z Board. The definition of ~xterior display was changed. On page 5, Mr. Cannon ~larified the word "Family" by stating that the present zoning code states that you cannot have more than 2 unre- lated people in a dwelling unit. When the minutes from the previous City Commission meetings were examined, Mr. Cannon determined that there was some ambiguity as to what the 2ommission had intended as opposed to how the language turned out. He felt that the Commissioners thought they ~ere allowing one boarder to stay in any particular dwelling anit in addition to those related by blood. The definition Now reads that two unrelated people could be living :ogether, but would not allow a family and one unrelated person in addition to that family. 2ommissioner Zibelli felt that group homes are usually vented homes and she felt that the new rental law would ~llow the City to know when a group home is being proposed. 4ayor Cassandra did not feel that all these homes were :ented. He referred to a doctor who had bought four homes tn Boynton. The home in Golfview Harbor is not a rented %ome either. City Manager Cheney did not know if they were rented or owned. He asked if the definition of family listed on page 4 was to be the current definition. Mr. annon stated this was different. At the present time two nrelated people can live in a household. He felt that the present definition would not allow a family of four or five -4- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 related people and then have one unrelated person in addi- tion to that. Mayor Cassandra thought that was what had peen done. Mr. Cannon read the present definition: "One or more persons occupying a single housekeeping unit and using common cooking facilities provided that unless all members ~re related by blood, marriage or adoption, no such family shall contain over two persons. Mayor Cassandra felt that some words were missing from this definition. Mr. Cannon stated that the definition he had provided should clarify the issue. ~ayor Cassandra stated that a family of cousins and uncles can have one unrelated person living with them. Mr. Cannon felt this was true under the definition they were proposing. ~ayor Cassandra needed clarification of "family" as it rela- tes to foster homes and foster children. ~ity Manager Cheney felt that if the common meaning of ~hildren was used, they might use: "a child under the age Qf 10" for a foster home. Mayor Cassandra felt that in rder to develop, any foster child needed the feeling of armth, love, and family, they must live in the home for our or five years. City Manager Cheney stated that in ~eneral foster children were not left in a home long enough for them to become attached. The idea is for the child to ~e adopted. City Attorney Rea stated there was a problem rying to regulate the family foster home by adding addi- tional restrictions as to age. Mayor Cassandra asked if the child were in the home less than one year if that was still ~onsidered a foster home. City Manager Cheney stated that had been the understanding. 4ayor Cassandra felt that Group Homes must be clarified. He ~sked what the State required of the City as far as the group ~ome issue is concerned. Mr. Cannon answered by turning to ~ule 9(J)(5) which spells out the City's minimum require- ~ents for the Comprehensive Plan. 4ayor Cassandra asked what the Florida Statutes stated on ~hat subject. City Attorney Rea said that as far as amily Day Care Homes are concerned, they are a valid resi- ential use according to definition. City Manager Cheney elt the City must know what the Florida Statute says and hen a discussion is needed regarding what the City's responsibilities are to society in addressing these special kinds of cases. He felt that the State was going to push ~11 they can on the cities. The City needs to decide what · ts responsibilities are toward unfortunate people, mentally and physically handicapped, and people involved in the cri- minal justice issues. He felt a decision should be made as -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JANUARY 6, 1988 to what the City's moral, human, community, quality of life obligation, etc. are. Probably no one neighborhood would ~ant that responsibility, but it must be located somewhere. Mayor Cassandra suggested that perhaps this could be allowed o that a density would not be created. There would be one ~n a neighborhoo~ and no more, for example. Mayor Cassandra ~greed t~at this issue must be discussed. He felt that when a home is allowed in a neighborhood, the people in that home could be helped, but the entire neighborhood might be affected. He suggested that the police code actions on homes should be tightened up regardless of who lives in the home. Property should be kept up and not let to go ~ownhill. ~r. Annunziato pointed out that one of the documents ~ttached to the agenda packet was prepared by HRS/DCA which says there is an obligation by everyone to be a good neigh- bor. This is a community obligation. Mayor Cassandra asked how the term Family Day Care was defined by the State. City kttorney Rea stated that from the State Statutes the minimum requirement is that a Family Day Care Home is by definition ~ permitted use in any residential category. When talking ~bout regulation of Group Homes, Foster Homes, Adult ~ongregate Living Facilities, there is a problem in that they cannot be unilaterally restricted nor can one type facility be unjustifiably treated different from another. Phere is constitutional protection involved when referring o a Family Foster Home in a residential area. The law con- iders this a family unit essentially. The home in 3olfview Harbor does not fall under that protection. In ~rying to regulate group homes for the mentally retarded, ~hey must be treated equally with other similar types of 3roup facilities. If trying to restrict them to certain reas, a rational basis and justification must be given for oing so. City Attorney Rea cited some cases as examples. ayor Cassandra stated this would be different if a story everyone was required to get a permit. ~ayor Cassandra asked if the City decided not to allow any ~roup homes except for the minimum allowable, how could this De done. Mr. Cannon stated that presently the code allows ]roup Homes as a conditional use only in the R-3 zoning ~istrict and as a permitted use in the C-3 zoning district. 2ity Manager Cheney asked if all group homes were in a eneral category. Mr. Cannon stated that was the way the ~uilding Official had interpreted the zoning regulations. ~ity Manager Cheney stated that group homes got in R-1 zoned ~reas due to the definition of family. Commissioner Mann pointed out this would be a permitted use and would be allowed only if the City elects to permit it. -6- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 He was concerned that all cities take their fair share. He was willing that Boynton Beach do its fair share, but he did not want to discover that other cities would not share the load. City Manager Cheney noted that the Village of Golf could conclude after analyzing their population and the nature of their community, that they are meeting the housing needs of their population. They can get by not carrying ~heir fair share. Other cities could come to different conclusions in regard to meeting the needs of the people. Mr. Cannon read from the 1989 Comprehensive Plan: "The City must demonstrate that it has adequate sites in residential ~reas or areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services and demonstrate that the City has adequate and affordable housing for households with special housing needs." City Manager Cheney felt that the word "adequate" was the real question. Mayor Cassandra asked what would happen if the City decided not to go along with the 9(J)(5). City ~anager Cheney answered that the City would be out of luck. ~ity Attorney Rea pointed out that the City could not do this, as the City would be sued with no justification for ~he law suit. He further explained that the word adequate ~as the key. The adequacy of the needs and the services nust be evaluated. There was discussion regarding whether Dr not the City has adequate, affordable housing for its esidents. City Manager Cheney pointed ou~ that the housing 3tudy would show whether or not housing is adequate. Once ~he study is complete, the City will have to analyze the needs. Mr. Annunziato pointed out that every municipality has the right to challenge the local government comprehensive plan. ommissioner Mann had attended a meeting of the South ouncil of Governments at which a person on the Council pointed out that this would not be fair and equal. He felt this was a very real and difficult problem. He wanted to be ~air, but did not feel that Boynton Beach should have to bear more than its share. City Manager Cheney felt that the ssue of affordable housing, group homes, etc. would rise to he top of community concerns. Mr. Annunziato stated that since the City has adopted poli- cies in the Comprehensive Plan the State law requires that regulations be adopted which are consistent with that policy. Discussion of definitions continued. Mayor Cassandra pointed out that all types of group homes would have to be -7- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTONBEACH, FLORIDA JANUARY 6, 1988 licensed by the City. This will give the City an oppor- tunity to know what is going into a neighborhood. Appendix A, Zoning Mr. Cannon referred to page 8, paragraph 7 which intended to clarify the relationship between the zoning regulations and the adopted Comprehensive Plan and any other adopted design ihr development plans the City might have. It gives the dopted plans precedence over any specific regulations in e zoning code. Paragraph 8 clarifies the relationship of zoning regulations and other regulations the City might have, such as Code of Ordinances. It simply states that the ~ost restrictive regulation will apply. Mayor Cassandra asked why the AG category was maintained. ?!. Annunziato pointed out that the City still has a portion Knollwood Groves on the east side of Lawrence Road which in the City and is an active Grove and zoned AG. Mr. Cannon continued with page 9, Performance Standards for industry or commercial use which generate hazardous aterials or waste. The language was taken from that used y the Regional Planning Council and DRI's. Mayor Cassandra eked how the City could ensure that spillage does not go into the drainage system. Mr. Cannon stated that the devel- per would be required to go through the environmental com- ittee for approval. City Manager Cheney stated that Federal regulations also protect from runoff. Mayor assandra was concerned about monitoring and control of the ishaps. He wished to see the monitoring portion tightened p. City Manager Cheney stated this was not a zoning ordi- nance issue. This problem is being addressed continually. ~ayor Cassandra felt that the City might be large enough to ~onsider having its own Health Department. He was interested in having its own personnel check the food ~orkers, etc. to ensure they do not work when they have ~ores on their hands, etc. City Manager Cheney asked City %ttorney Rea if this could be done. City Attorney Rea stated there was a problem.with that, but the City could have an Environmental Control Officer. Mayor Cassandra asked if someone from the City could go into a restaurant and check health standards. City Attorney Rea did not believe this could be done. Vice Mayor Marchese referred to page 9, Item C, and asked When truck servicing pits, restaurants, etc. were checked to ensure they were following the approved designs for separa- tion of grease, etc. Commissioner Zibelli did not feel :hese were checked once they had been approved. City -8- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 Manager Cheney wanted to know if it was the desire of the Commission that all these things be checked and how often. ~e felt this was a level of standard and the City could gheck them if this was desired. This would take people in Positions to do this and it would have to be considered at budget time. Commissioner Mann felt that the Utilities Director was interested in this as he would not want grease Foing into the sewer. Mr. Annunziato felt this could be lone under the current Utilities Codes, and he will follow ap on this item. ~ice Mayor Marchese asked for a clarification of the above ~iscussion. He wanted to be sure something decisive was ~oing to be done by qualified people in the City. Mayor ~assandra replied, "Definitely." Commissioner Mann felt :his was a big problem, as once this is checked, and the ~rease pulled out, where do you dispose of the grease. City 4anager Cheney pointed out that the City has been sealing ~ome manholes in some of the outlying areas as some septic :ank and grease trap people had discovered they could dump :heir grease there. How to handle this is a County-wide )roblem. Cities do not want to handle the grease, so they ~ust get the County to regionalize it. Tice Mayor Marchese felt that item 5, page 10 was a very Important recommendation. ~ayor Cassandra stated that one portion of Appendix A had ~e~n covered (Sections 3 and 4) and asked if anyone in the udience wished to ask a question. There were no questions. r. Cannon continued with page 11 stating that these sec- tions pertain to R-1AAA and R-2 as they pertain to group home additions. Section 11.4 more strictly regulates them, and will be referred to in the District regulations. ~ayor Cassandra asked on R-iAAA where Group Homes has been truck out, whether Foster Homes and Residential Child ~aring Agencies in accordance with Section 11.4 is a per- itted use as well as Family Day Care Homes. AdUlt Day Care ~ith not more than two adults is a permitted use in accor- dance with Section 11.4. This is the recommendation from the Land Use Agency from the Planning and Zoning Board. ~r. Cannon suggested that a discussion of Section 11.4 would be appropriate at this pOint. This section starts on page 3, and addresses the concerns regarding the use of Group omes, Day Care Facilities, Treatment Facilities and related qses. MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 Mr. Cannon continued that the section starts out with an intent paragraph and general regulations which apply to all uses regulated by Section 11.4. Paragraph 2 requires an occupational license. Paragraph 3 designates the com- position of the Technical Review Board (TRB). Mayor Cassandra felt that any use of Group Homes or Day Care Services would be a policy decision and all final decisions should come from the City Commission and not the City Manager. Most every paragraph in this document states that the City Manager will make the decisions. Mayor Cassandra requested that this be changed throughout the document. Mr. Annunziato stated that the intent was not to burden the Commission with these decisions, but if it was their desire to be involved in those decisions, it would be changed. Mayor Cassandra felt that the portion which deals with deci- sion of use or increase of use in any area should be a policy decision. City Manager Cheney stated that he could be required to make a recommendation to the City Commission, ~nd this might be the way to handle this issue. Vice Mayor Marchese did not feel these decisions should be left to the City Manager but it should be the Commission's responsibility. Mr. AnnunziatO asked if the regulations should be amended to follow the program which was set up for variances. This would require a recommendation by the City Manager to the City COmmission. Mayor Cassandra agreed this was the way to proceed. Mr. Annunziato agreed to adjust the regulations. ommissioner Mann needed to know if the State was trying to einstitutionalize all manner or people with significant problems and pass them on to the Cities. City Manager -.~heney agreed this was the case nation wide. Commissioner ann felt the State was trying to get out of that business &nd pass it on to the Cities. He'understood that, but did not necessarily like it. or want it. City Manager Cheney stated that for the last ten years there has been a nation- wide attempt by experts in the field to keep people out of institutions. Authorities do not feel instituions are the proper way to treat these people. They wish to mainstream ~hese people and help them to become better citizens Commissioner Mann felt that the City should take car~ of its fair share, but this is a very serious issue. He wondered if the public was aware of the situation. ~ity Manager Cheney stated that the citizens had not paid Attention and neither had the City. One of the local dele- gates who is .a strong supporter of local government has stated that special interests groups talk with her every time she is in Tallahassee regarding their desire to have their relatives back in the community. Legislature will dictate that these needs be taken care of if the Cities do -10- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 not come up with a plan on their own. The Cities are not getting the direct funding costs to assist with these issues. City Manager Cheney felt this was the trend and legislature is supporting it. Vice Mayor Marchese understood that the City had to make sure that the codes were written so that the City complies with the law which tells them to provide for these citizens. His question was in regard to where these people would be located, so the City could license and police them. Mr. Annunziato felt the way to accommodate this would be to ask the questions: How many? What density? What Kind? He felt a good discussion on "Deinstitutionalization" was in the HRS packet attached to the agenda. The result of this is when people are challenged, they often exceed the insti- iutions expectations of them. When given responsibilities, hey often exceed the professional diagnoses. 'This forms he basis for deinstitutionalization. age 36, Hospitals, was discussed by Mr. Cannon. Hospitals nd nursing homes with professional health care are allowed nly in commercial zoning districts and public uses zoning districts. Mr. Cannon clarified that these would be allo~ed in PUD's subject to master plan approva! by the City Commission. He referred to Bethesda Hospital as an example, noting that the northern part is in a PUD. Mayor Cassandra Kelt that this category was being used for a "catch all." mr. Cannon explained that these were all defined in the ~efinition portion of this material. Nursing Homes, ~onvalescent Homes and Hospice are allowed in C-l, C-2, C-3, ?U, and may be allowed in PUD and PCD. Mr. Cannon explained ~his was true if the master plan is approved. Mr. ~nnunziato stated that the opportunity now exists to ~isapprove this. They could be made prohibited uses in ~hose zoning classifications. Mayor Cassandra wondered if Lt would be wiser not to allow certain things in a PUD. ~ity Manager Cheney felt that if a PUD was planned care- ~ully, perhaps these things would not prove to have a nega- tive impact. He felt the Commission might want to reserve the opportunity to preplan these into a PUD. If properly planned, the neighborhood's needs will be taken care of before the people move into the area. Mr. Annunziato gave the example where approval was given by the City Commission for PUD alongside the Highridge Country Club. This had three components: a nursing home, an adult congregate living facility and a small office building. This is properly located, the master plan was approved, per- formance standards were evaluated, and it works. -11- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 Mr. Cannon stated that health care facility homes are not common but are licensed by the State on occasion. This could be a private home with a resident operator present who could be a nurse or a doctor. These would be allowed only in commercially zoned districts and subject to master plan approval in PUD districts. Group Homes Regulations which apply to Group Homes are spelled out. 3roup Home is defined in paragraph A. A Group Home is limited specifically to the types of Group Homes discussed ander section 11.4, but the City Commission can approve a ~roup Home which is similar. Mr. Cannon felt there are ~lways types of Group Homes which have not previously been ~nticipated. He gave the example of the Home for Unwed ~others proposed for The Lord's Place. Mr. Cannon ~xplained that it was his feeling that if a special need ~rises, the opportunity should exist for the City Commission ~o approve it. It was pointed out that the State could man- late anything it desired, and it could also take away the ~ity's zoning rights on a yearly basis. City Manager Cheney ~elt that over the next year or so as the Comprehensive Plan )rocess goes on and these issues are addressed, the State ~ill have less reason to mandate policy. Page 37, paragraph b, sets forth the theoretical maximum number of residents which could be in a Group Home according - t to he zoning district The Planning Department had pro- d ' ~ose a maximum of eight residents in single family districts, twelve residents in duplex districts, twenty d ' {esi ents in multiple family districts, and homes with more ~han twenty residents would be a conditional use in multiple ~amily zoning districts. The numbers were derived from recommendations contained in the HRS report (included with the agenda packet). Mayor Cassandra stated that in the City's R-3 zoning a difference is not spelled out, but a ;roup home must be a certain distance from another. Mr. ~nnunziato stated that the proposal before the group has ~tandards. Mayor Cassandra read that Group Homes of any :apacity will be allowed in R-3 zoned districts and in por- .ions of PUD which are planned for or developed as a single amily attached dwelling (townhouse, condominium, etc.). He .id not understand what was meant by "any capacity." Mr. ~annon stated that was the language proposed by the P&Z ~oard. The Planning Department suggested to the P&Z Board hat Group Homes of up to twenty reSidents be a permitted use and that with twenty-one or more residents this would require conditional use in the R-3 zoning district. P&Z Board proposed that Group Homes (no qualifications given) be -12- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 a conditional use in the R-3 zoning district. City Manager Cheney clarified this meant whether one or fifty persons, would require conditional use. Mayor Cassandra restated the issue as he understood it. The &Z recommended that no Group Homes in any residential Board ~rea other than R-3 be allowed. Mr. Cannon ~tated that was interpreted to mean multiple portions of PUD s as well. Mayor Cassandra stated that the only place where Group Homes ~ere authorized would be in R-3 and they would be with con- ~itional use if they exceeded 20 people. Mr. Cannon stated ~hat the Planning Department recommended to the P&Z Board ~hat up to twenty persons should be a permitted use and ~wenty,one or more would be a conditional use. P&Z Board ecommended that Group Homes of any capacity would be a con- ditional use. Mr. Cannon referred to 9(J)(5) WhiCh says that you have to have an adequate number of potential sites for group homes, and does not specifically state whether permitted or conditional use is needed. Mr. Annunziato felt this was up to the City Commission to decide. ~ Ca~n~dW~n~~di~h~th~ was hearing mixed permitted use. Mr. Annunziato asked if a two person Group Home would be substantially different from a home with a husband, wife and heir inlaws living with them. The one would require a con- itional use and the other would not. He felt the impact ~his would have was the real issue. There is a difference in where the line is drawn. P&Z Board drew the line at one person. The impact of three teenage children could be greater than having two adults living in with a family. ~ayor Cassandra felt the Commission should consider a ~umerical number as the line for permitted use and any ~umber of that would be a conditional use. City Manager Cheney felt this would meet the 9(J)(5), and it would not be Challenged. Commissioner Mann was concerned with the magni- tude of this situation. Mr. Annunziato suggested that the Commissioners review the emorandum he had prepared for them. Mayor Cassandra stated ~hat prior to the meeting scheduled for the 21st, he would like a recommendation from the Planning Department of a proper numer thaniCal number for permitted use in R-3 and number ~reater for conditional use. Mr. Annunziato agreed to provide that number by the 21st. r. Cannon referred to paragraph d. which states there are o specific limitation on the number of residents or the density for Group Homes in the commercial zoning districts or public usage zoning districts, except as set forth -13- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 elsewhere in this section. Group Homes are prohibited in certain zoning districts (industrial, CBD's). Zoning regu- lations do not supercede any private restrictions or cove- nants. This is important due to the Homeowners Documents which exist and run with the property which require that any renters be approved by the Association. Mr. Cannon pointed out that the State requires that in a Group Home if you have a bedroom with one person sleeping in it, the bedroom must have a minimum of 100 square feet. The minimum of 80 square feet per person is required if you have two or more people sleeping in it. The Planning Department ~riginally recommended to the P&Z Board that the minimum ~loor area for bedroom be 100 square feet. The P&Z Board dropped that down to 80 square feet per person. Mr. Cannon pointed out that 35 square feet of living and dining space are also required per person. Mayor Cassandra was concerned that someone might take a family room and con- vert it into bedrooms and raise the density of that home. He felt the terminology of three bedroom must be described so that no one would convert other rooms into bedrooms. Mr. Cannon felt that the maximum numbers listed would prohibit ~hat problem. Mr. Annunziato felt that the intent of what ~s meant by bedroom should be defined. City Manager Cheney felt the whole living accommodation must be spelled out - livingroom, bedrooms, kitchen, dining room, etc. Mayor Cassandra felt the key was not to allow rooms to be con- ~erted. Mr. Cannon felt if HRS guidelines were adopted hich state that 35 square feet of living and dining space should be provided per person, there would be no problem. Commissioner Mann asked if any person who owns a house in Boynton Beach could enter into a contract with HRS to have a Group Home. Mr. Annunziato did not know what criteria HRS 9scs in making its determinations. Commissioner Mann stated %hat he had called HRS but they were not interested in pro- Viding any information for him. r. Annunziato stated that he would look into the issue of onverting rooms into bedrooms. Vice Mayor Marchese felt that the 100 square foot requirement should have been adopted instead of the 80 square feet. Mr. Cannon pointed Out that 80 square feet is required by State law, but the 100 square foot requirement would be put in as an option. Advertising signs are not allowed in residentially zoned districts except in R-3 or PUD districts where there are thirteen or more residents and where they are allowed by Sign Code. Mayor Cassandra felt that no signs should be -14- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 allowed. Mr. Annunziato pointed out that an Adult Congregate Facility might wish a sign. ~he Planning Department recommended that the minimum lot ~rea for Group Homes be keyed in with the minimum lot areas Ln the specific zoning districts. For up to 8 persons, the ~inimum lot area would be that required for single family %ome areas, for nine to twelve persons, the minimum lot ~equirement would be as that for duplexes, and thirteen or ~ore, 750 square feet of lot area per resident would be ~equired. No non-conforming lots would be allowed to be ~sed for a Group Home. There was discussion regarding the ~oard of Adjustment and the part they would play in this issue. Mr. Annunziato pointed out that most lot variances ;hiCh go to the Board of Adjustment are related to the ~hange in ownership issues. An amendment is proposed that it be a use by right to be able to develop on the non- ~onforming lot. It is felt that it would be better to have ~hat lot developed. A single family home would have to be )uilt on that lot and not a Group Home. The City Commission ;ould still have to consider the approval request for a ~roup Home. A Group Home with more than 40 residents would have the den- sity regulated by the density on the land use plan. The minimum lot area for Group Homes in non-residential zoning districts would be 5,000 square feet with a minimum frontage of 50 feet. No specific density was set on Group Homes in ~ommercial or public usage zoning districts. Nursing Homes are allowed in any commercial zoning district without speci- fic density limitations. After a short break, the meeting resumed at 9:10 P. M. Commercial Districts Commercial zoning districts begin on page 13. C-1 has not Changed very much. Instructional and tutorial services would be allowed as an office type use if under 2,000 square feet. ~f over 2,000 square feet, it would be allowed with con- ~itional use. Printing and copying services would be llowed, as well as Group Homes in accordance with section 11.4. The environmental review wording appears under each ionlng district. Where a use generates hazardous waste as .efined by Federal regulations, those uses must go through ~nvironmental review process. There was a question egarding what was considered instructional or tutorial ser- ice. Mr. Cannon suggested this be limited to ,usiness/professional or academic tutoring or instruction. ~.r. Annunziato stated this could be expansive or limited -15- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 depending upon the desires of the Commission. Mr. Cannon felt the best way to address this under C-1 would be to limit it strictly to business/professional and academic ~nstruction. Another option would be to make all uses of that type a conditional use. Mr. Cannon will draft some options for the Commission to consider at the next meeting. ¢-2 zoning districts have the most extensive revisions pro- osed. The E&A Report recommended two areas in the City North Federal Highway on the east side up to the Boynton Canal and also S.E. 23rd Street between the F.E.C. tracks and U.S. 1) be rezoned. North Federal Highway from C-4 to C-2 and S.E. 23rd Street from C-3 to C-2. Both rezonings were contingent upon expanding the C-2 uses allowed in that oning district to include most small retail uses. These ses are typically found in the strip shopping centers. Commissioner Zibelli asked why drive-up or drive-through services were allowed but not drive-in restaurants. Mayor ~assandra pointed out that banks with drive-up windows nor- mally close by 6 P. M. but restaurants would be open much later. Mayor Cassandra asked if adult bookstores would be ~llowed in C-2. Mr. Cannon stated this was defined as adult entertainment." He read the definition as it is ~urrently in the zoning code: "A commercial enterprise which limits admission to adults only owing to the sexual nature of its merchandise for entertainment. Such ~stablishments may include but not be limited to adult ~ookstores, adult theaters, adult lounges, adult health stu- dios,adult hotels, etc." City Manager Cheney stated that ~he definition will stay, and those are allowed only in C-4o Adult bookstores would not be allowed in C-2 zoning. ity Manager Cheney asked what types of uses that are urrently in C-4 would not be in the newly written C-2 zoning. Mr. Cannon replied that these would include a used car lot, an automobile repair shop, a pest control company, t boa sales, and perhaps a wholesale plumbing establishment ~ity Manager Cheney was concerned if these would be allowed in any other zone. Mr. Cannon pointed out that all but the ~est control, which is a contractor and allowed only in ~ndustrial zoning, would be allowed as permitted or con- ditional uses in the C-4 zoning districts. City Manager Cheney asked what would happen if C-4 is done away with. Mr. Cannon stated that the above listed would become legal non-conforming uses. They could go on the west side of Federal Highway as this is the oniy C-4 along a major artery Or to a strip on N.E. 3rd Street which is C-4. This is about a block west of the F.E.C. tracks. Mr. Annunziato stated that no other locations have been provided for used MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 car lots. Automobile repair is a use subject to environmen- tal review in the M-1. The pest control must go to an industrial zone. They can stay in their present location ndefinitely as a legal and non-conforming use, but they annot expand their business. Commissioner Zibelli felt there were some needs in the City for C-4. She understood that doing away with C-4 had not gone before the P&Z Board. The request for rezoning properties along north Federal Highway from C-4 to C-2 submitted by Mr. Annunziato was denied 6-1 by the P&Z Board She questioned whether the City Commission was to make the decision to do away with all the C-4 zoning. Mr. Annunziato pointed out that what was oming from the Planning and Zoning Board was not a recom- endation to do away with the C-4 zoning category in total. The issue of the impact of doing away with the C-4 zoning has not been discussed by the P&Z Board. If the City Commission desired to evaluate the impact of doing away with C-4 zoning, then it would go to the P&Z Board because the zoning would change as well as the land use category in the Comprehensive Plan. City Manager Cheney explained that some generalized conclu- iions were made about the concept of downtown. At that time t was decided that the land adjacent to the railroad was pro- ably best used as C-4, but the land on the other side would best be used as C-2. Everyone who was thinking about down- ~own came to that conclusion. He was surprised that the P&Z Board changed their mind. Now the City Commission must decide which direction it would like to take. Mayor dassandra felt that people can change their minds. The ~ode and the Charter are to be reviewed and suggestions sub- mitted. There have been approximately 15 suggestions for review to the present time. One recommendation was to eview the strip on Old Dixie Highway and U.S. 1 where the ounty owns part and the City owns part, and where there is no barrier between U.S. 1 and Old Dixie Highway. What was zoned on Old Dixie Highway could creep to U.S. 1 and become part of the City. The concern was should C-4 be a use in  he City. This is a topic to discuss at a City Commission eeting. Mayor Cassandra stated that the decision to be  ade at this meeting is whether or not the Commission wants o keep the C-4 zoning. Mr. Cannon pointed out that for the first group of uses (A - GG) there is a 5,000 square foot maximum floor area. For the Second group (HH - PP) there is a 10,000 square foot maximum floor area. From his observations, the uses depend on the floor area. The conditional use would go with the property when sold. Mr. Cannon pointed out that this was true once it was approved. The new owner would have to -17- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 adhere to all the conditions. A general provision exists in the zoning code regarding uses that are conditional uses but n ~ ~ave ever gone through that procedure. They are considered ~o be non-conforming ~ses until they actually go through the conditional use procedure. If a person wants to expand a loor area or intensify the use and it it has never gone brough the procedure, it would be allowed to go through the conditional use procedure. ayor Cassandra had a question in regard to automotive ser- ice stations on page 16. He asked if that was the sale of ~as. Mr. Cannon noted that this had been defined under ~efinitions to allow accessory uses. This would require a ervice station with pumps and minor repairs could be an Accessory use. An au%omobile repair shop would not be ~llowed as a separate principal use in the C-2 zoning Cassandra asked if whatever square footage istrict. Mayor is considered, is that enclosed area or could it be enclosed plus storage area. Mr. Cannon stated that this was building area. The definition of gross floor area is the total floor 9rea of a building or the use occupying part of the building measured from center line to partitions and exterior of out- ~ide walls. In the C-2 zoning district, outside storage xcept for plants is prohibited. Mayor Cassandra had a problem regarding outside storage. Mr. Cannon continued by stating that there are specific ~egulations on the sale of used merchandise in the C-2. Up ~o 25 percent of the floor area for retail use can be used !or the sale of used merchandise. When you wish to go Lbove the 25 percent allowed, a distance requirement and ~aximum floor area requirement must be met. Prohibited lses are spelled out on page 17 for the repair and service )f merchandise. In C-2 repair and service of merchandise ~hich is sold in that zoning district is allowed if done for louseholds. ;sed merchandise stores must be 2,400 square feet apart and ~here is a 5,000 square foot maximum floor area. Pawn ~hops and auction houses are specifically prohibited in the ~-2 zoning district. ¢-3 Requlations [ayor Cassandra was concerned about the use of the limita- .ion of retail sales to those who pay retail sales tax. He felt that some might have a tax exemption and not be ~equired to pay sales tax. He did not feel that The Attic ~ad to pay sales tax. Mr. Cannon felt that was referring to !onsumers. He suggested the wording read: "to household -18- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 consumers or to consumers who pay retail..." Mayor Cassandra felt that the use of sales tax was a bad tool. The Planning Department will take another look at this. Bars and cocktail lounges have been made a conditional use if they are located within 600 feet of any residentially zoned property. At the present time recreational facilities of any type are allowed as a permitted use. Mayor Cassandra was concerned that if C-4 was eliminated, some of the uses must be allowed as conditional uses in other zoning districts. Mr. Cannon felt that some could be allowed in the C-3 district. Mayor Cassandra felt that they must be allowed as a permitted use if C-4 is done away with. Mr. Annunziato felt that it could be whatever the Commission desired. The lumber yard is a permitted use at the present time in the C-3 zoning district and there is no plan to change that. There was some discussion regarding bingo halls. Mayor Cassandra did not feel they should be allowed at all. Mr. Cannon felt that to list it as a conditional use, the Commission would have the option of deciding if it was appropriate. Mr. Annunziato felt that it must be addressed as the issue keeps coming up. Mayor Cassandra stated that no conditional use had ever been denied in five years. He fid not like conditional use unless the review process was tightened up. To prohibit would solve the problem. Mr. Annunziato asked what would be done about the churches. City Manager Cheney pointed out that bingo is pretty much controlled by the State. City Attorney Rea stated that it is covered under the State Gambling Statutes. Mayor Cassandra requested that this issue be reviewed and he wished to have a recommendation from the Planning Department at the meeting on the 21st. Automotive service stations has been defined to tell what types of vehicles can be repaired at an automotive service station. This basically allows repairs to be made to cars, trucks and tractor trailers. Mr. Cannon read the definition of automotive service stations. A criteria for this is that the station must have a gas pump. Mayor Cassandra did not feel that an automotive service station should require a pump. He questioned if properly kept and enclosed, should a person be prohibited from repairing cars. Mr. Annunziato felt this was the kind of use that has serious and negative impacts as it affects Boynton Beach. He referred to the noise, garbage and the fact that many cars would be serviced there. He also felt there were problems in dealing with their housekeeping procedures. -19- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 Mayor Cassandra felt that some provisions must be made for people to have a car repair business. Mr. Annunziato suggested this should be in the M-1 zoning, as all of the new auto repair facilities are going into that zoning. Mr. Cannon stated that all marinas are being made con- ditional uses whereas they are presently permitted uses. ~holesale of goods is allowed as a conditional use if the ~roperty is within 300 feet of a railroad right-of-way and there is no access to a collector or arterial road. The exterior display and storage of merchandise in C-3 zoning districts section states that exterior displayed merchandise is allowed if it is for not more than 18 hours a daily basis. Merchandise could be put out for display brought back in at night. Exterior storage is not per- mitted. There is an exemption for motor vehicles typically used in conjunction with a principal use. The sale of used merchandise is spelled out on page 22. This is similar to the use in the C-2 district. ¢-4 Regulations Adult entertainment establishments will continue as a con- ditional use. City Attorney Rea suggested this could be further restricted. Mr. Annunziato referred to the set of ~ocational criteria for adult usage. They cannot be closer ~han 1,500 feet from any other facility, or located closer than 1,500 feet from any house of worship, or school measured from lot line to lot line. Mayor Cassandra felt hat both of the establishments in the City presently meet he critera. Mr. Annunziato felt that Morey's might but he as not sure about the other one. Someone referred to the Church, but it was decided this business existed prior to the church. Mr. Annunziato stated that they would take another look at this issue to try to prevent these type establishments. There was discussion regarding restricting what was in C-4 as opposed to eliminating it completely. Mr. Annunziato pointed out that this is what has been done. If the land use is not changed by eliminating C-4 zoning, the latitude exists to amend the list of uses. Section D, page 22 stays much as it was. Car washes are to be made a conditional use in C-3 as well as C-4 zoning districts. -20- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 Wholesale or retail sale of goods are allowed as a permitted use. The Planning Department felt that wholesale uses of dry goods which have no environmental hazards associated are permitted. This includes all household goods. Mr. Cannon stated that the pest control would not be allowed. He explained they are a contractor and as such they are allowed only in M-1 zoning district and subject to environmental review. Mayor Cassandra wanted to know what defined a contractor licensed business. Mr. Cannon stated that these are licensed by the State. In M-1 zoning regula- tions, pest control services are allowed subject to environ- mental review. City Manager Cheney explained that if ~omeone has a license as a State Contractor, the City licen- Ses them as a contractor. Anyone who has this State license is allowed only in M-1 under the regulations. The business is presently non-conforming and cannot expand their business at the present time. ~cott Brown, 1304 N. Federal Highway, stated that he decided :o buy in Boynton Beach ten years ago as he liked the east ~ide and was encouraged by the planning and zoning people :o do so. He felt his business fit into the area very well. te planned to expand his business and submitted plans some ,ears ago, but found out he could not do so. He owns a .arge piece of adjacent land. He felt that to change the :oning from C-4 to C-2 would devalue his property. This ~ffects his property adjacent as well as the pest control )roperty. He has a lot of financial considerations in this matter. He could not understand why planning could even consider C-2 in this area next to the pest control, etc. He Asked who would develop in that area with the present busi- nesses located there. He did not understand why the west side by the tracks was allowed to be C-4 when they were being changed to C-2. In answer to Mayor Cassandra's question, Mr. Brown replied that he came to the area in 1977. He could not afford to go 6ut and buy property in M-1. He pointed out that pest eontrol is not a high profit organization. He did not question the fact that pest control could belong in M-1 zoning. He is trying to build a parking facility on his property but he cannot park his trucks there. He felt he ~as being beaten down and did not feel the Commission was giving them proper consideration. Mayor Cassandra stated that the non-conforming use was there before he bought, but Mr. Brown stated that it was not. Mr. Annunziato stated that the C-4 regulations have not changed -21- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 substantially over that period. He felt there must have been a determination made that that use was a use consistent with the prevailing regulations at that time. Mayor Cassandra did not feel Mr. Brown could do anything with the property even if it stays C-4. Mr. Brown stated that he still has vacant land which he could develop if the zoning is left as C-4. Mayor Cassandra pointed out that this possibility has existed for some time and he questions why Mr. Brown had not developed this land previously. Mr. Annunziato pointed out that C-4 uses are not currently per- mitted due to the fact that the land use element prevails over the zoning. Mr. Annunziato agreed that Mr. Brown could have built an auto body shop under the old C-4, but this Would not be allowed under the new C-4. Mr. Brown felt that he lost any use at all, that he had lost potential value his property. Continuation of Discussion at January 21st Meetinq Mayor Cassandra asked what had to be resolved by the meeting on the 21st. Mr. Annunziato stated that in order to make conclusions, a second public hearing must be conducted. ?his does not prohibit conducting public hearings prior to laking decisions. Decisions should be made at a public learing. lity Manager Cheney suggested that the Public Hearing could )e contined by having a meeting prior to January 21st. He )ointed out, however, that the Public Hearings were adver- :.ised and the people who have an interest have spoken. The ~ublic Hearing could be closed and the rest conducted as a Ion-public hearing. The Public Hearing could be continued Lnd would not require additional advertising. City Attorney ~ea suggested that two Public Hearings relating to the same .ssue were advertised. Tonight's Public Hearing could be closed and the issues started again on the 21st. If on the 21st additional meetings are required, they can be con- ~inued. Two Public Hearings are required on Appendix B. A complete review of the Appendix B must be made so that the ~lanning Department can bring something different at the next meeting. Mr. Annunziato felt that they were approximately 80 percent through the material to be covered. City Manager Cheney stated that if the Commission wanted something different brought to the next Public Hearing, they would have to decide prior to the 21st. Mr. Annunziato felt ~hat so long as the changes were not substative, they could be made at the meeting. Mayor Cassandra felt this could be -22- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1988 done. He suggested that if the Commissioners had a question that might involve additional research, they could contact the City Manager prior to the 21st. City Manager Cheney suggested that anything radical could be added to the next City Commission Agenda. Mayor Cassandra felt this was a good idea. Mr. Annunziato reminded the City Commission that there were six rezoning hearings to be heard on the 21st. Mayor Cassandra felt this could all be covered on the 21st.  here being no further business, the meeting properly djourned at 10:52 P. M. ATTEST: Recor~in~ Secretary (Four Tapes) CITY OF BOYNTON BEACH Commi ss loner ~~~ Co,~/~,m~ission e~ Commi s -23-