Minutes 10-06-01MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP
HELD ON SATURDAY, OCTOBER 6, 2001 IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH FLORIDA AT 9:00 A.M.
Present
Larry Finkelstein, Chairman
Jeanne Heavilin, Vice Chair
Jos6 Aguila
Alexander DeMarco
Don Fenton
Mike Rumpf, Planning & Zoning Director
Hanna Matras, Economic Research Analyst
Dick Hudson, Senior Planner
Quintus Greene (arrived at 10:30 a.m.)
Director of Development/CRA
Absent
Michelle Hoyland
Henderson Tillman
I. Call to Order
Chairman Finkelstein called the meeting to order at 9:10 a.m.
A. Roll Call
The roll was called and a quorum was declared present.
II. Workshop:
A. Federal Highway Corridor Zoning Code Proposed Amendments
Chairman Finkelstein turned the meeting over to Mike Rumpf, Director of
Planning and Zoning.
Mr. Rumpf welcomed the audience and gave a brief background regarding where
the City has been, where the City wants to go and how the City arrived at where
it is today. Staff will be presenting an overview of the City's efforts to implement
the Federal Highway Corridor Study and its attempt to start from the ground up to
develop a sense of place in Boynton Beach.
Mr. Rumpf introduced Ms. Hanna Matras and Mr. Dick Hudson, two members of
staff, who helped to implement the Federal Highway Corridor Plan.
Mr. Rumpf explained that the information disseminated today is in draft stage.
The Federal Highway Corridor Plan only contains general recommendations,
which can be changed, altered or interpreted differently. The audience was
welcomed to ask questions.
Meeting Minutes ~
Community Redevelopment Agency Workshop
Boynton Beach, Florida
October 6, 2001
Mr. Dick Hudson gave a PowerPoint presentation regarding the proposed
· changes to the Federal Highway Corridor. A copy of the presentation is attached
to the original minutes.
Salient points of the presentations were:
· The Visions 20/20 Plan recommended that corridor studies be done on the
City's major corridors --
2.
3.
4.
5.
Federal Highway;
Golf Road;
Martin Luther King Boulevard;
Boynton Beach Boulevard; and
Ocean Avenue
A Comprehensive Plan Amendment was adopted one year ago to enable the
City to move forward with the corridor studies. The first study undertaken was
the Federal Highway Corridor.
· The Corridor was divided into five planning districts.
1. The first district begins at the northern City limit and goes to the C-16
Canal ("entranceway to the City").
2. The second district begins at the C-16 Canal to NE 6th Street ("gateway to
the Downtown").
3. The third district is the downtown itself, which is the Central Business
District.
4. The fourth district starts at SE 2nd Street and goes to Woolbright Road
("the other gateway to the Downtown").
5. The fifth district goes from Woolbright to the southern City limits.
· The Central Business District would be known as mixed-use high.
· Areas 2 and 4 would be known as mixed-use Iow.
· The Comprehensive Plan Amendment has been reviewed by the State and
the City received the State's recommendations on Friday. The State
concurred with a majority of the Amendment.
· New development standards were recommended and will be reviewed and
discussed today. A copy of the proposed regulations is attached to the
original minutes.
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton BeaCh, Florida
October 6, 2001
Code Recommendations
Mr. Hudson next reviewed Exhibit A (attached to the minutes) which sets forth
the proposed Code recommendations. The results of implementing the
recommendations would be:
An improved living and working environment relative to typical
highway development patterns.
Enhance the City's tax base by increasing property values through
better quality development, and promoting and assisting the
development and redevelopment of the downtown.
Encourage the City's development and .redevelopment efforts in the
downtown by providing a range of style and size of housing units to
attract a support population.
Create surrounding areas that complement rather than compete
with the downtown area,
Encourage visual interest by accenting buildings and visual
landscapes rather than parking facilities and vehicle related uses.
Promote land uses that are primarily destination uses rather than
those that Cater to passing automobile traffic.
UseGroup/Use
Mr. Hudson next reviewed the various use groups contained on Page 2 of Exhibit
A for the MU-L-Zone and MU Zone.
The first group reviewed was residential or lodging use group. Comments
were as follows:
Chairman Finkelstein noted that "home occupation" was permitted in mixed use,
but single family homes were not permitted. Chairman Finkelstein questioned if
"home occupation" included apartments and townhouse and Mr. Hudson stated
that it did.
Community Facility Use Group
Houses of worship would be permitted in both zones, but with a distance
separation.
A gentleman in the audience felt that houses of worship should be removed from
the corridor because they would take away from the tax base. Discussion on this
topic continued and Chairman Finkelstein questioned why government offices,
libraries and civic centers would be included in the corridor. Mr. Rumpf
responded that inclusion of these uses provides the City flexibility. Members also
questioned whether a post office should be included because of the amount of
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
October 6, 2001
vehicles that would be parked on the property. It was felt that keeping the square
footage small would control this.
Chairman Finkelstein felt that houses of worship could be allowed in the mixed-
use light zone, but did not think there would be enough room for houses of
worship in the downtown district. Mr. Brian Edwards, a member of the audience,
pointed out that there are many churches opening up in strip malls along Federal
Highway.
Mr. Harvey Oyer from the audience felt that restricting houses of worship with a
distance requirement would create a negative image for the City.
Chairman Finkelstein requested that the designation for houses of worship be
changed to permitted under mixed-use light only and not permitted in the
mixed-use district. Mr. Aguila suggested that the R(8) (conditional approval)
designation be applied under mixed-used light.
Chairman Finkelstein would like to see civic center/library excluded from the
mixed-use zone. Mr. Fenton also requested that government offices be
excluded from the mixed-use zone. Chairman Finkelstein requested that the
museum category be permitted in the downtown area. Mr. Rumpf noted the
requested changes.
Office Use Group
With regard to banks/financial institutions, Chairman Finkelstein inquired why
there was no R(10) restriction requiring drive-thru facilities to be screened and
subject to conditional use approval. It was agreed that the R(10) restriction
would be applied to both categories.
Vice Chair Heavilin inquired why veterinary office/clinic was not being
permitted in the mixed-use zone, Vice Chair Heavilin felt that if there was no
ancillary kennel or boarding facilities, this use is similar to a regular medical or
dental office. It was suggested that the R(6) category also applied in the
downtown area. Mr. Rumpf stated he could add this with the exclusion of
kennels and will re-examine the category again.
Sales and General Commercial Use Group
Members discussed the R(6) category being applied to alcoholic beverage
sales for offsite consumption and what the 30% restriction applied to. Mr.
Rumpf responded that the use cannot exceed 30% of the gross floor area of the
entire development. Chairman Finkelstein felt that this would allow a very large
package store in the downtown area. Mr. Rumpf stated that the area could be
decreased to a maximum square footage.
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
October 6, 2001
A gentleman in the audience, who owns a car wash on Federal Highway, raised
concerns that he would be losing his property and his business as a result of this
process. He questioned why all the automotive businesses on Federal Highway
were being driven out. Chairman Finkelstein stated this was not the intent of the
workshop and that the Board's purpose was to come up with a master plan. He
further pointed out that changing the zoning would not force a person to close his
business and that the use is grandfathered. Mr. Rumpf pointed out that as long
as the occupational license remains active, the business could exist.
Chairman Finkelstein noted the absence of automotive sales in this category.
Mr. Rumpf stated this could be allowed as long as there was no outdoor display
and that all the cars are contained in an indoor showroom.
Mr. Aguila suggested adding a new category R(15) that would apply to indoor
automotive sales only, which would be similar to R(13). Mr. Rumpf will follow
through with this request.
Mr. Aguila inquired what uses are not contained in the list. Mr. Rumpf responded
that a lot categories are general categories of uses. If the use was not listed or
associated with a permitted use, it would probably be prohibited. Mr. Aguila
requested that they be furnished with a list of uses that are not included. Mr.
Greene stated that it would be very difficult to list every conceivable use and the
uses listed are generic to offer the broadest possible range of uses.
Chairman Finkelstein asked why the R(3) designation was given to drug store
or pharmacy, since the drive-thru issue needs to be addressed. Mr. Rumpf
stated that they would revisit businesses that have drive-thru's.
With regard to restaurant, sit-down, Chairman Finkelstein asked why this was
given a conditional use category in the mixed-use light zone. There was a
consensus to leave this category with the R(8) designation.
Chairman Finkelstein requested that video rental in the mixed-use zone be
changed from permitted to R(6). He did not want to see stand-alone video rental
stores in the downtown area. Mr. Rumpf agreed that this should be changed to
R(6).
Mr. Aguila pointed out that there was an inconsistency regarding personal
watercraft sales, rental, service, parts or repair which had restricted uses, but
boat/marine sales/rental were not allowed under mixed-use light. Mr. Rumpf
stated this could be treated the same way as indoor sales of automobiles are
being treated. However, parts, rentals or repairs would not be permitted.
Chairman Finkelstein requested that a new category R(15) be added to allow
showrooms for indoor display and sales for automobiles and boats.
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida ·
October 6, 2001
Service Use Group
Chairman Finkelstein requested that dance studio be changed to R(6) in the
mixed-use zone. He also requested that fitness clubs be changed to the same
category in the mixed-use zone and changed from an R(6) to an R(8) in the
mixed-use light zone.
Chairman Finkelstein felt that medical outpatient facility should not be
permitted in the mixed-used zone and should be changed from R(8) to N.
Mr. Greene responded that staff discussed this category in great detail. Mr.
Greene suggested leaving it with an R(8) designation because any request for
this type of facility would have to come in for conditional use approval.
Chairman Finkelstein would like to see nursery, preschool or child daycare
given an R(6) designation in the mixed-use zone instead of not being
permitted since some businesses have daycare facilities on site for employees.
Members requested that shoe repair be changed from P to R(6) in the mixed-
use zone.
Mr. Fenton requested that massage parlors, which are not permitted in either
category, should be moved to the adult category. He noted that massages are
offered at the new YMCA and asked what the City's definition was for a massage
parlor. Chairman Finkelstein noted there is a difference between a masseuse
that was ancillary to a chiropractor or health center as opposed to a massage
parlor. Mr. Rumpf will follow through on this. Members would like to have this
defined.
On revisiting fitness clubs, members requested that under mixed-use light, the
designation for a fitness club be changed from R(6) to R(8) and in the mixed-
use zone it be changed to an R(6).
Entertainment Use Group
Chairman Finkelstein noted that billiard club/bowling alley/indoor recreation
facility should be changed to an R(8) designation in mixed-use light and an
R(6) in the mixed-use zone.
Members agreed that movie theater should be changed from permitted to an
R(8) designation in the mixed-use zone.
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
October 6, 2001
Accessory Use
Members discussed the definition for an R(7) designation and felt that the
minimum square footage for a grocery store should have been changed to
10,000 square feet, not 15,000. They also would like the maximum square
footage of 30,000 lowered to 25,000 square feet. Ms. Matras pointed out that
the average square footage for a grocery store is 27,000 square feet. Vice Chair
Heavilin requested the definitions for a convenience store and a grocery store.
She felt that there needs to be more definition for a grocery store besides square
footage. Mr. Rumpf said that staff would provide this. Chairman Finkelstein
stated that there is a difference between a grocery store in a mixed-use high rise
development as opposed to a "7-Eleven Store". After much discussion, Mr.
Aguila thought that 10,000 square feet was still too high. Staff will reexamine
this.
Minimum Parcel Requirements
Mr. Rumpf pointed out the most important changes.
The residential, single family detached lot is being reduced from 7,500 square
feet to 5,000 square feet.
The height is being increased from 25' to 35'.
A new category "residential, single family detached w/accessory unit" has
been added. This would allow for development of town homes.
Chairman Finkelstein noted that the minimum lot area for a hotel is 3 acres. He
asked if this meant that the hotel would have to encompass the entire 3 acres, or
could it be part of a mixed-use development that included 3 acres. Mr. Greene
responded that this encompassed the entire site.
"Accessory Apartment" under Minimum Living Area is a new category. This
allows a homeowner to build a second unit onto a single family. The living
area could contain up to 750 square feet.
Minimum lot frontages are being converted to more urban standards and are
being reduced.
The maximum height for residential, single family homes is being increased
by 5'.
Mr. Aguila requested the definition of building height. Mr. Rumpf stated that
currently it is base to the peak. If there were varying grades, it would apply from
the finished floor to the peak of the roof. Mr. Aguila requested that this be further
looked at and that more definition was necessary.
The height category has been increased from 45' to 75' and in the main
corridor, the height has been increased to 150'.
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
October 6, 2001
The category "Minimum Pervious Area" is new. This was designed to allow
more construction'on the lot, but is not intended to create drainage problems.
Minimum setback requirements have been reduced to 10'. There is also a
"build to line", which permits the units to be built closer to the street.
The garage setback has been increased to 20'.
Exceptions are being allowed in the setback area that would include porches,
awnings, balconies and stoops.
Side yard requirements have been decreased.
Minimum rear yard setbacks have been reduced.
Mr. Aguila inquired how the step back of the buildings is being handled. Mr.
Rump said that staff has discussed the "no shadowing requirement" and will
readdress it again.
Mr. Rumpf concluded his presentation.
Chairman Finkelstein asked how parking garages that are integral to a structure
would be addressed. This was not mentioned in Paragraph (B) under "Parking
Requirements". Chairman Finkelstein was referred to Paragraph (E) on Page 8
which addresses this.
Mr. Aguila did not think that the current landscaping code would apply to an
urban environment. Mr. Rumpf said staff would be reviewing the landscaping
code along with design standards.
A gentleman in the audience inquired if the zoning has been adopted and was
informed that it .has not. He also asked whether current businesses would
become nonconforming when the new zoning is in place. He was informed that
this was the case. However, businesses do not have to leave or close down.
Mr. Greene responded that if the existing use still conforms to the zoning
requirements, every effort would be made to upgrade the use to the new
standards. However, if the use does not conform, it would become a
nonconforming use. The possibility also exists that developers will come in and
purchase existing properties and develop them in accordance with the new
zoning. Mr. Rumpf pointed out that when a property becomes nonconforming,
improvements to the site are limited to maintenance only.
Other
Mr. Fenton inquired if the City purchased the property on Federal Highway and
Chairman Finkelstein informed him that the owner filed bankruptcy. Therefore,
the property could not be purchased. Chairman Finkelstein presented a copy of
the bankruptcy notice that appeared in the newspaper.
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Meeting Minutes
Community Redevelopment Agency Workshop
Boynton Beach, Florida
October 6, 2001
Mr. DeMarco complimented staff on providing an excellent presentation and on a
job well done.
II1. Public Audience
Mr. Jeff Segal, 5011 N. Ocean Boulevard #2, Ocean Ridge, Florida 33435,
said he was present today because he has an idea for a business. Mr. Segal
stated he had difficulty following the meeting and requested clarification as to
what area made up the Federal Highway Corridor and where the zones were
actually located. Mr. Segal said he would like to sell fruit juices in a viable aroa.
Chairman Finkelstein informed Mr. Segal that if he had a specific business idea,
he should bring his bUsiness plan to the Planning Department. Staff could tell
him if the business is permitted and what the requireme:nts are for that type of
business. Mr. Segal stated that he spoke to staff and was informed that he
should attend today's meeting.
Mr. Greene told Mr. Segal to report to the West Wing in City Hall on Monday
morning and to go up to the second floor to the Planning Department. At that
time, a staff member will assist him.
Mr. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, inquired when
architectural planS for the corridor would be discussed. He was informed that
design guidelines and landscaping would be discussed at a future meeting. Mr.
Edwards felt that the CRA Board and staff are doing a groat job and feels the
City is headed in the right direction.
IV. Adjournment
Mr, DeMarco moved to adjourn. The meeting properly adjourned at 12:45 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(four tapes)
(October 8, 2001)
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