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CRA Agenda Backup 2001-027 Members Four 4-year Terms One 3-year Term One 2-year Term One l-year Term LAST NAME FI'RST EXP'[RES ADDRESS PROFESSI'ONAL NAME ASSOCI'ATI*ON Aguila ]ose 6/20/04 800 SW ist CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1st AVE 4 yr. term (561) 737-8894 Delray Beach, FL 33444 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 2 yr. term (561) 732-6789 Boynton Beach, FL 3:~426 (561) 736-2400 Ext. 107 Fenton Don 1/10/06 2556 SW 23RD CRANBROOK Edward .]ones & Company DR 901 N Congress Avenue,, Ste B- 4 yr. term BOYNTON BEACH 33436 101 Boynton Beach, FL 3:3426 (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Larnar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 Boynton Beach, FL 33435 4 yr. term (561) 375-8807 (561) 736-9790 Chair Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 Vic~ C~a/Y (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSk-F ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 3 yr. term (561) 736-8668 100 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7040 millman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 7646 Boca Raton, FL 334.96 4 yr. term (561) 965-6776 (561) 241-2200 01/16/2002 2:05 PM 3:\SHRDATA\CC\WP\BOARDS\LISTS\CRA MEMBERS .doc The City of Boynton Beach City Clerk's Office 100 E. Bofnton Beach Boulevard P.O. Box 310 Bofnton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 OFFICE OF THE MAYOR March 20, 2002 Mr. Henderson Tillman 54 Bentwater Circle Boynton Beach, FL 33426-7646 Dear Mr~an: l Based on Ordinance O1-60 adopted at the regular meeting of the City Commission on December 18, 2001 (see attachment), this letter is a reminder that you have been absent from the following four regular meetings of the Community Redevelopment Agency: August 14, 2001 October 9, 2001 January 8, 2001 March 12, 2002 Very truly yours, CITY OF BOYNTON BEACH / Gerald F. Broening Mayor Attachment CC: City Commission City Representative (Quintus Greene) Board Chairperson (Larry Finkelstein) Board \\ch\main\shrdata\cc\wp\boards\wamings~schwartzenbert - sab,doc "An Equal Opportunity/Affirmative Action/ADA Employer" i ORDINANCE NO. 01- ~, O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMDClSTRATION, SECTION 2-16. SUBSECTION (F), AMENDING THE BOARD ABSENTEE POLICY; AMENDING CHAPTER 1.5, PLANNING AND DEVELOPMENT GENERALLY ARTICLE I, SECTION 2. SUBSECTION F; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has determined that it is necessary to amend the Code of Ordinances by amending the board absentee policy for all boards, with the exception of those Boards who regularly meet more than once monthly; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in best interests of public to amend the Code to set forth and adopt proper procedure for for all boards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.. That Chapter 2., Administration, Section 2-16 (F) of the Code of Ordinances is hereby amended by adding the words and figures in underlined type, and[ deleting the words and figures in struck-through type, as follows: (F) When a member of any Board, with the exception of~t more than once_ Dev.~!apment .... those Boards that have regularly scheduled meetings a month., has missed three (3) regular monthly meetings for any reason within one annual board term, that member will be notified that one additional absence will cause his/her ~oard membership to be terminated and a replacement will be appointed at the time of the absence. Those boards that have re larl scheduled meetin s more than once a seventh 7t~ absence shall result in removal from the board. Section 2. - That Chapter 1.5 Planning and Development Generally, Article I, Section 2. F. Terms of offices; removal; vacancies, is herebY amended by adding the Iwords and figures in underlined type and by deleting the words and figures in struck- through type, as follows: ~.' A member of the board is permitted to have si-x-(6)- three (3)absences dud:ag any one year period. The s¢:'e,n~, fourthabsence shall result in removal from the board. Section 3. All ordinances or pans of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this q day of December, 2001. SECOND, FINAL READING AND PASSAGE this day of ~, 2001. Vice Mav~r ~ Commissioner Commissioner ATTEST: COMMUN~[TY REDEVELOPMENT AGENCY ATTENDANCE REPORT April, 2000 to February, 2001 Term: Four 4-year Terms One 3-year Term One 2-year Term One l-Year Term TOTAL MEETINGS: Members: Seven (7) Term Members Attended Absent Expires Aguila, Jose 6/20/04 800 SW ist Ct. (33426 (~[ DeMarco, Alexander ~9 6/20/02 10817 Quail Covey Rd (33436) Fenton, Don 2556 SW 23rd Cranbrook Dr. (33436 'ID 1/10/06 Finkelstein, Larry, Chairman /~ 4295 St. Andrews Dr. (33436)'1 1/10/05 Heavilin, Jeanne iD 734 NE 9th Ave. (33435) 1/10/05 Hoyland, Michelle ~ 926 Sunset Rd. (33435) 1/10/04 Tillman, Henderson 54 Bentwater Cir (33426) ~ 1/10/05 Reference: Florida Statutes, Chapter 163, Part III (ss.163.330-163.462) COMMUNZTY REDEVELOPMENT AGENCY Tuesday, March 12, 2002 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order II. Roll Call III. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. IV. Approval of Minutes V. Director's Report: A. Financial 1) February 2002 Finc)ncial Statement. J B. Project Updates t// 1) Federal Hwy 2) Heart of Boynton (MLK) 3) Ocean District 4) Marina/Promenade/Riverwalk 5) Way-Finding Signage C. Future Agenda Ttems. D. Commission Action. VI. Unfinished Business. A. Executive Director Interview Procedures. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of/he proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and ser~ces where necessary to afford an individual with a disability an equal opportunity to narticinate in and eninv the benefits of a service, nroorarn, nr ad-ivirv condudred bv the City. Please contact Cynthia Mann at- 561~742-6372 at VII. Public Hearings: Zoning Code Variance: A. PRO.]ECT NAME: Mrkvicka AGENT: Pamela Mrkvicka OWNER: Pamela Mrkvicka LOCAl-iON: 203 NW 3rd St DESCRIPTION: Request for relief from the City Of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.].1, limiting a wall to a maximum height of four (4) feet within the front building line to the front line to allow a 3.5 foot variance, and a six (6) foot high wall within the front building line. VIII. New Business. A. Parking code change - MLK overlay zone. IX. Other: A. Florida State Statute #287.055 - Consultant's Competitive Negotiation Act. B. 2002 review schedules for CRA-related applications. X. Public Audience. XI. Adjournment. Any person who derides to appeal any derision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to narficinate in and eniov the benefits of a .~ervice. nrn(]ram, or activity cnndlJd'ed by the City. Please contact Cynthia Mann al- .~61-742~6372 at z "' c~ V, A. V. A, o ~ C) 0 0 Consultants' Competitive Negotiation Act FLORIDA STATUTE § 287.055 WHAT PROFESSIONAL SERVICE MUST BE ACQUIRED BY COMPETITIVE NEGOTIATION? architecture · professional engineering · landscape architecture · registered surveying and mapping WHAT THRESHOLD AMOUNTS TRIGGER THE REQUIREMENT TO OBTAIN CONSULTING SERVICES COMPETITIVELY? · When a proposed project's construction costs will exceed $250,000.00 · When planning or study activity costs will exceed $25,000.00 WHAT IS A PROJECT? · Any fixed capital outlay study or planning activity · A grouping of minor construction, rehabilitation, or renovation activities · A grouping of substantially similar construction, rehabilitation, or renovation activities. DOES THE CCNA PROHIBIT CONTINUING CONTRACT? No, but they must be entered into following the same procedures. WHAT IS A CONTINUING CONTRACT? A continuing contract is a contract for professional services whereby the firm provides professional services to the City for: · projects in which construction costs do not exceed $500,000, · for study activity when the fee for such professional service does not exceed $25,000, or · for work of a specified nature as outlined in the contract required by the City, with no time limitation except that the contract must provide a termination clause. WHAT IS THE PROCESS WHEN THE CITY NEEDS PROFESSIONAL SERVICES? Step One Determine the value of the project or planning or study activity Step Two Publicly announce, in a uniform and consistent manner that the City is seeking a consultant The City should provide mail notice to qualified consultants on its current list. SHOULD QUALIFIED INDIVIDUALS OR FIRMS BE TARGETED FOR WORK? Yes. The City is required to encourage firms engaged in the lawful practice of their professions that desire to provide professional services to the City to submit annually statements of qualifications and performance data. Step Three Certify that each firm or individual who desires to perform services is qualified to do so. Step Four Evaluate the applicants MUST THE CITY CONSIDER EVERY FIRM OR INDIVIDUAL WHO WANTS TO COMPETE FOR A PROJECT? No. The City must find that the firm or individual to be employed is fully qualified to render the required service. WHAT FACTORS MUST THE CITY CONSIDER IN ITS PRELIMINARY EVALUATION PROCESS? · professional services · capabilities · adequacy of personnel · past record · experience whether the firm is certified as a minority business enterprise · other factors may be established by ordinance and should fall within the above categories. Example-local preference Step Five Competitive Selection · The City must evaluate current statements of qualifications and performance data on file with the City, together with those that may be submitted by other firms regarding the proposed project · The City shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services. Step Six Short list to three · The City shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. · In determining whether a firm is qualified, the City shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; locatio/i; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. · The City may not request, accept, and consider proposals for the compensation to be paid under the contract at this step. CAN STAFF HANDLE SHORT LISTING? Yes. Carefully WHAT IS STAFF'S ROLE IN THE PROCESS · Facts · Recommendations Step Seven Negotiations · The City shall negotiate a contract with the most qualified firm for professional services at compensation which the City determines is fair, competitive, and reasonable. · In making such determination, the City shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. WHAT HAPPENS IF THE CITY IS UNABLE TO REACH AN AGREEMENT WITH THE TOP RANKED CONSULTANT? If the City is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the City determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The City shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the City must terminate negotiations. The City shall then undertake negotiations with the third most qualified firm. Should the City be unable to negotiate a satisfactory contract with any of the selected firms, the City shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. ANY EXCEPTIONS TO FOLLOWING CCNA? Just two: 1. valid public emergencies certified by the City Manager 2. projects in which the City is able to reuse existing plans from a prior project of the City DOES THE CCNA APPLY TO DESIGN BUILD PROJECT? No ..... but .... · The CCNA is not applicable to the procurement of design-build contracts by any City. · The City must award design-build contracts in accordance.with the procurement laws, rules, and ordinances applicable to the City. · - The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the City. · If the City elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of the CCNA. · A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. WHAT IS A DESIGN BUILD PROJECT? "design-build contract" means a single contract with a design-build firm for the design and construction of a public construction project. ARE THERE ARE RULES REGARDING DESIGN BUILD PROJECTS? Yes, lots of them. They are also set forth in this section of the statute. WHAT IS THE PUBLICS ROLE IN THE CCNA PROCESS Selection of consultants is a public process. FL ST § 287.055 West's F.S.A. § 287.055 WEST'S FLORIDA STATUTES ANNOTATED TITLE X_IX. PUBLIC BUSINESS CHAPTER 287. PROCUREMENT OF PERSONAL PROPERTY AND SERVICES PART L'COMMODITIES, INSURANCE, AND CONTRACTUAL SERVICES Copr.© West Group 2001. All rights reserved. Current through End of 2001 1st Reg. Sess. Page 1 287.055. Acquisition of professional architectural, eneineerine, landscape architectural, or surveyin~ and mapping services; definitions: procedures; contingent fees prohibited; penalties (1) Short title.-This section shall be known as the "Consultants' Competitive Negotiation Act." (2) Definitions.-For purposes of this section: (a) "Professional services" means those services within the scope of the practice of architecture, professional eng/neering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. (b) "Agency" means the state, a state agency, a municipality, a political subdivision, a school district, or a school board. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under s. 380.06 or ss. 163.3220° 163.3243. (c) "Firm" means any individual, fin'm, parmership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state. (d) "Compensation" means the total amount paid by the .agency for professional services. (e) "Agency official" means any elected or appointed officeholder, employee, consultant, person in the category of other personal service or any other person receiving compensation from the state, a state agency, municipality, or political subdivision, a school district or a school board. (f) "Project" means that freed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include: 1. A grouping of minor construction, rehabilitation, or renovation activities. 2. A grouping of substantially similar construction, rehabilitation, or renovation activities. (g) A "continuing contract" is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a finn whereby the fzrm provides professional services to the agency for projects in which construction costs do not exceed $500,000, for study activity when the fee for such professional service does not exceed $25,000, or for work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a term/nation clause. (h) A "design-build £n-m" means a partnership, corporation, or other legal entity that: 1. Is certified under s. 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or 2. Is certified under s. 471.023 to practice or to offer to practice engineering; certified under s. 481.219 to practice Copt. © West 2002 No Claim to Orig. U.S. Govt. Works FI_ ST § 287.055 West's F.S.A. § 287.055 Page 2 or ro offer to practice architecture; or certified under s. 481.319 to practice or to offer to practice landscape architecture. (i) A "design-build contract" means a single contract with a design-build f'nun for the design and construction of a public construction project. (j) A "design criteria package" means concise~ performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design- build fro-ns to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteria package must specify performance-based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requiremems, provisions for utilities, stermwater retention and disposal, and parking requirements applicable to the project. (k) A "design criteria professional" means a fmu who holds a current certificate of registration under chapter 481 to practice architecture or landscape architecture or a f'mn who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. (3) Public announcement and qualification procedures.- (a) Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287.017 for CATEGOKY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. (b) Each agency shall encourage finns engaged in the lawful practice of their professions that desire to provide professional services to the agency to submit annually statements of qualifications and performance data. (c) Any firm or individual desiring to provide professional services to the agency must first be certified by the agency as qualified pursuant to law and the regulations of the agency. The agency must fred that the finn or individual to.be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record, and experience of the finn or.individual. (d) Each agency shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the finn is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985, and other factors determined by the agency to be applicable to its particular requirements. When securing professional services, an agency must endeavor to meet the minority business enterprise procurement goals under s. 287.09451. (e) The public must not be excluded from the proceedings under this section. (4) Competitive selection.- (a) For each proposed project, the agency shall evaluate current statemems of qualifications and performance data on file with the agency, together with those that may be submitted by other frans regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three I'm:as regarding their qualifications, approach to the project, and ability to furnish the required services. (b) The agency shall select in order of preference no fewer than three fn-rns deemed to be the most highly qual/fied to perform the required services. In determining whether a f'mn is qualified, the agency shall consider such factors as the ability of professional personnel; whether a f'n-m is a certified minority business enterprise; past Copr.© West 2002 No Claim to Orig. U.S. Govt. Works FL ST § 287.055 West's F.S.A. § 287.055 Page 3 performance; willingness m meet time and budget requirements; location; recent, current, and projected workloads of the fn-ms; and the volume of work previously awarded to each finn by the agency, with the object of effectmg an equitable distribution of contracts among qualified fro'ns, provided such distribution does not violate the principle of selection of the most highly qualified f-m-ns. The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection (5). (c) This subsection does not apply to a professional service contract for a project the basic construction cost of which is est/mated by the agency to be nor in excess of the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services is not in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO. (d) Nothing in this act shall be consumed to prohibit a continuing contract between a f'mm and an agency. (5) Competitive negotiation.- (a) The agency shall negotiate a contract with the most qualified fn-m for professional services at compensation which the agency determines is fair, competitive, and reasonable. In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency shall require the f'mn receiving the award to execute a troth-in-negotiation certificate stating that wage rates and other factual umt costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provtsion that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual umt costs. All such contract adjusunents must be made within 1 year following the end of the contract. (b) Should the agency be unable to negotiate a satisfactory contract with the Emu considered ro be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that fn-m must be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified fn-m, the agency must terminate negotiations. The agency shall then undertake negotiations with the third most qualified fn-m. (c) Should the agency be unable to negotiate a satisfactory contract with any of the selected frans, the agency shall select additional friThS in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. (6) Prohibition against contingent fees.- (a) Each contract entered into by the agency for professional services must contain a prohibition against contingent fees as follows: "The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or faro, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, m deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (b) Any individual, corporation, partnership, fn-m, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor and mapper, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company, corporation, partnership, or f'mn and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contmgen[ upon,, or resulting from, the award or the making of a contract for professional servmes shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. Copr.© West 2002 No Claim to Orig. U.S. Govt. Works FL ST ~ 287.055 West's F.S.A. § 287.055 Page 4 (c) Any architect, professional engineer, or registered surveyor and mapper, or any group, association, company, corporation, firm, or parmership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent'upon, or resulting from. the award or making of any agency contract for professional services shall, upon conviction m a state court of competent authority, be found guilty of a f'zrst degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services and to be paid, or is paid, any fee, commission, percentage, gift, or other considerauon contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, £mu, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a fzrst degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (7) Authority of department of management services.-Notwithstanding any other provision of this section, the Deparrmem of Management Services shall be the agency of state government which is solely and exclusively authorized and empowered ro administer and perform the functions described in subsections (3), (4), and (5) respecting all projects for which the funds necessary to complete same are appropriated m the Department of Management Services, irrespective of whether such projects are intended for the use and benefit of the Department of Management Services or any other agency of government. However, nothing herein shall be construed to be in derogation of any authority conferred on the Department of Management Services by other express promsions of law. Additionally, any agency of government may, with the approval of the Department of Management Services, delegate to the Depamnent of Management SerVices authority to administer and perform the functions described m subsections (3), (4), and (5). Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract. (8) State assistance to local agencies.-On any professional service contract for which the fee is over $25,000, the Department of Transportation or the Deparunent of Management Services shall provide, upon request by a municipality, political subdivision, school board, or school district, and upon reimbursement of the costs involved, assistance in selecting consultants and in negotiating consultant contracts. (9) Applicability to' design-build contracts.- (a) Except as provided in this subsection, this section is not applicable to the procurement of design-build contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, roles, and ordinances applicable to the agency. (b) The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services corm:act for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. (c) Except as otherwise provided in s. 240.209(3) or s. 337.11(7), the Department of Management Services shall adopt roles for the award of design- build contracts to be followed by state agencies. Each other agency must adopt roles or ordinances for the award of design-build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design- build contracts by the use of a competitive proposal selection process as described in this subsection, or by the use of a quahfications-based selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the selected finn will subsequently establish a guaranteed maximum price and guaranteed completion date. If the procuring agency elects the option of qualifications-based selection, during the selection of the design- build £n-rn the procuring agency shall employ or retain a licensed design professional appropriate to the project to serve as the agency's representative. Procedm:es for the use of a competitive proposal selection process must include as a minimum the following: 1: The preparation of a design criteria package for the design and construction of the public construction p'roject. ' Copr.© West 2002 No Claim to Orig. U.S. Govt. Works 3. ~e ~teNa, proced~es, ~d sm~ flor ~a evaiua~on ~tdesi~b~d con. act proposals or bit, b~ed on .... '.. price, tec~cal, ~d desi~ aspec~ of ~e public c0~cfion projec~ wei~ted for ~e project._ '- . ---'.~- 4. ~e solicitation of competitive proposals, p~su~t to a desi~ cfitma pac~ge, ~om ~ose quaked desi~-b~d ...... ~ ~d-~e evalmfion of ~e respo~es or bi~ subdued by ~ose ~ based on ~e ev~mfion ~teha ~d - proced~es esmb~shed phor to ~e so,citation of co~efifive proposah. - :'-' 5. For co~mfion ~ ~e e~loyed or re,ed desi~ ~mfia professio~ concemg ~e ev~mfion of ~e respo~es or bi~ subdued by ~e desi~- b~d ~, ~e sup~aion or a~rov~ by ~e ag~cy of ~e derailed wor~g ~a~gs of ~e project; ~d for evalmfion of ~e co~ce of ~e project co~mcfion ~ ~e desi~_ _ criteria pac~ge by.~e desi~ criteria professioml - : .- 6. h ~e c~e of pubic emergencies, for ~e agency head' to dec!~e ~ emergency ~d au~o~e negofiafiom ~ · e best qUalffied desi~-b~d fm available at ~at ~e. ~%.,~.. -.:-, - : .......... ~...., - :...%,',,-5~,.:,,.::. ~" (10) Reuse of e~sting plans.-No~m~g ~y o~er prov~ion of ~ secfio~ ~ere sha~ be no public notice req~emem or u~afion of ~e selection process as provided ~ ~ section for projecm ~ whch ~e agency ~ able :- to rede ems~g pl~ ~om a phor project of~e agency, or, ~ ~e.case of a bo~d ~ defined N c~pter 235, h prior" )}-' project Of~at or ~y o~er bo~& Exc~t for pl~ cfa bo~d ~ de.ed N cMpmr 235, ~bHc notice for ~y pl~ · at =e Ntended to be reused at some ~e ~e mint conm~ a smmment ~t provides ~t ~e PI~ ~e subject to 'rede ~ accor~ce ~ ~e proviio= of~ subsection, ' (11) Construction of law.--Nothlng N ~e m~ent of ~ section by c~pter 75-281, Laws 0f intended to supersede the provisions of ss. 235.2 ! 1 and 235.31. 1999 Main VolUme .... 5 ........... . ........... :~ -:: .......... -:';~zP[5~!i!-!:;:.;:~: Amended by Laws !991, c. 91-137, § 15, eft. lVlay 28, i991;'- Li~s 1991, c. 91- 162, }.7, eft-' :-MAY 28, 1991; "Laws'.' 1992, 0.92-279, ~ 250, effi July I, 1992; Laws 1993, ci 93-95, { 1,.effi Oct 1, 1993; Laws 1994, c.'94-119, } 114, effi July 1, 1994; Laws 1994, c. 94-322, } 10, effi May 31, 1994; ~ws 1995, c. 95-148, } 868, effi J~y 10, 1995; Laws 1995, c. 95-410, } 2, effi J~y i, 1995; Laws I996, 02 9~399, ~ 45, effi Oct. 1, 1996; Laws 1997, c. 97-1.00, ~ 38, effi Jffiy 1, 1997; Laws 1997, c. 97-296, ~ 1, effi Oct: 1;~1997; Laws 1998, c. 98-279, ~' 80, e~ Jmes3.0, '--'-. 2001 ~lec=o~c Pocket P~'Up~te '-~ ..... - ~::-.. ,-=,-:: .--t--. .......... ~=v :-: '~:". ' ~ended by Laws 2001, c. 2001-61, } 55, effi Jay 3; 2001..~.T(~:5LZ~- ....... :z ........ :_. <General Mmefials (GM) - References; ~omfiom, m Tables> ~STO~C~ ~ ST~ORY. NO~$ ' ' 1999M~Volme' ? ";7' "~:e.7 5-. De~vaOon: , ..: Copr. ~ West 2002 No U.S. Go~Wor~ IX. El. - 2002 REVIEW SCHEDULE- P &D/CRA · NEW SITE PLAN · SUBDIVISION - MASTER PLAN · MAJOR SITE PLAN MODIFICATION · MASTER PLAN MODIFICATION · CONDITIONAL USE APPROVAL/SITE PLAN ORIGINAL COMMENTS TECHNICAL PLANNING AND CRA CITY SUBMITTAL DUE TO REVIEW DEVELOPMENT BOARD COMMISSION DEADLINE APPLICANT COMMITTEE BOARD MEETING MEETING (if applicable) MEETING/ MEETING AMENDED PLANS ~-or---~ DEADLINE December 5, 2001 January 15, 2002 February 12 February 19, 02 December 19, 01 January 29 February 26 March 5, 02 January 2, 2002 February 26 March 12 March 19 January 16 March 5 March 26 April 2 February 6 March 19 April 9 April 16 February 20 April 2 April 23 May 7 March 6 April 16 ~ May 14 May 21 March 20 April 30 May 28 : June 4 April 3 May 21 June 11 June 18 April 17 COMMENTS June 4 June 25 July 2 May 1 June 18 July 9 July' 16 May 15 DELIVERED July 2 July 23 August 6 June 5 July 23 August 13 August 20 June 19 TO August 6 August 27 September 3 July 3 August 20 September 10 September 17 July 17 APPLICANT September 3 September 24 October 1 August 7 September 24 October 8 October 15 August 21 APPROX. October 8 October 22 November 6* September 4 October 22 November 12 November 19 September 18 TWO WEEKS November 5 November 26 December 3 October 2 November 19 December 10 December 17 October 16 PRIOR TO TRC December 3 December 19' January 7, 03 November 6 December 17 Jan. 14, 03 January 21, 03 November 20 January 7, 03 January 28, 03 February 4, 03 December 4 ] January 21, 03 Feb. 11, 03 February 18,03 December 18, 02 February 4, 03 February 25, 03 March 4, 03 (1) TO FACILITATE THE EFFICIENT AND COMPLETE PROCESSING OF A REQUEST, IT IS REQUIRED THAT A PRE-APPLICATION MEETING BE HELD, AT MINIMUM, 1 WEEK PRIOR TO PLANNED SUBMITTAL (CONTACT PLANNING AND ZONING DIVISION AT (561) 742-6260). THE MEETING WILL ADDRESS CONCERNS REGARDING THE TYPE OF SUBMITTAL, BOARD REVIEW SCHEDULE, SUBMITTAL PROCEDURES, FEE, APPLICATION FORM AND TYPE AND NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMITTED. AT MINIMUM, A DRAFT PLAN SHOULD BE PREPARED FOR REVIEWAT THE PRE-APPLICATION MEETING. (2) IF A SUBMITTAL IS RECEIVED BY THE ORIGINAL SUBMITTAL DEADLINE DATE, AND THE SUBMITTAL IS DETERMINED ACCEPTABLE FOR PROCESSING, THE SUBMITTAL WILL FOLLOW THE SCHEDULE IDENTIFIED ABOVE. [T SHALL ALSO BE NOTED THAT THE AMENDED PLANS DEADLINE DATE ALLOCATES ONLY TEN (10) WORKING DAYS FOR THE APPLICANT TO SUBMIT A COMPLETE PACKAGE THAT INCLUDES THE PLANS THAT HAVE BEEN AMENDED TO COMPLY WITH THE TECHNICAL REVIEW COMMITTEE (TRC) COMMENTS GENERATED FROM THE REVIEW OF T!q~ ORIGINAL SUBMITTAL DOCUMENTS. TO KEEP THE REVIEW PROCESS ON SCHEDULE. THE AMENDED PLANS DEADLINE DATE IS STRICTLY ENFORCED. AN APPLICATION LACKING REQUIRED DOCUMENTS MAY NOT BE PROCESSED FOLLOWING THE ORIGINALLY-SCHEDULED DATES. (3) APPLICATIONS WI-I/CH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO THE MUNICllaAL IMPLEMENTATION OF PALM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE REQUIRE ADDITIONAL REVIEW TIME. NOTE: TWO (2) SIGNED AND SEALED COPIES OF THE TRAFFIC IMPACT ANALYSIS ARE REQUIRED WITH INITIAL SUBMITTAL. REFER QUESTIONS REGARDING TRAFFIC TO PLANNING & ZONING STAFF. (4) THE ABOVE DATES MAY BE SUBJECT TO CHANGE. CONTACT THE PLANNING AND ZONING DIVISION TO VERIFY DATES. (5) * MEETING DATES CHANGED DUE TO ELECTION DAY AND HOLIDAYS (6) AN APPLICATION RELATIVE TO PROPERTY WITHIN THE COMMUNITY REDEVELOPMENT AREA IS REVIEWED BY THE COMMUNITY REDEVELOPMENT AGENCY (CRA), ALL OTHERS ARE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD. PRIOR TO CONSIDERATION BY THE CITY COMMISSION, (7) ITEMS REQUIRING CODE REVIEW FOR CITYWlDE IMPLEMENTATION MAY REQUIRE REVIEW BY CRA IF ITEM IS IN THE CRA AREA IN ADDITION TO P& D. BOARD.. J:~SHRDATA\Planning\SHARED\WP\FORMS\SCHED\2002X2002 Site Plan REVIEW SCHEDULE P&D-CRA.doe IX. B. EXTENSION · ADMINISTRATIVE APPEAL · CONCURRENCY TIME EXTENSION · COMMUNITY DESIGN PLAN APPEAL 2002 REVIEW SCHEDULE- P&D/CRA CONSENT AGENDA FOR CITY COMMISSION SITE PLAN TIME · USE APPROVAL · MASTER PLAN TIME EXTENSION · ZONING CODE APPEAL · CONDITIONAL USE TIME EXTENSION · LANDSCAPE APPEAL · VARIANCE · CONCURRENCY APPEAL 2001 REVIEW SCHEDULE - PUBLIC HEARING CONSISTENCY REVIEW · ABANDONMENT ** · TELECOMMUNICATION HEIGHT EXCEPTION · CODE REVIEW TOWERS t ORIGINAL TECHNICAL PLANNING ~ CITY SUBMITTAL REVIEW AND CRA COMMISSION DEADLINE COMMITTEE DEVELOPMENT REVIEW MEETING MEETING BOARD MEETING January 2, 2002 March 12, 2002 : March 19, 2002 January 16 March 26 : April 2 February 6 April 9 April 16 February 20 April 23 May 7 March 6 May 14 May 21 March 20 May 28 June 4 April 3 June 11 June 18 April 17 PRESENTED June 25 July 2 May 1 July 9 July 16 May 15 July 23 August 6 June 5 TO TRC August 13 August 20 June 19 August 27 September 3 July 3 . September 10 September 17 Jul7 17 IF NEEDED September 24 October 1 August 7 October 8 October 15 August 21 October 22 November 6 * September 4 November 12 November 19 September 18 November 26 December 3, October 2 December 10 December 17 October 16 December 19* January 7, 2003 November 6 January 14, 2003 January 21, 2003 November 20 January 28, 2003 February-4, 2003 December 4 February I 1, 2003 February 18, 2003 December 18 February 25, 2003 March 4, 2003 NOTE: 1) TO FACILITATE THE EFFICIENT AND COMPLETE PROCESSING OF A REQUEST, IT IS REQUIRED THAT A PRE-APPLICATION MEETING BE HELD AT A MI~.iMLrM OF ONE (1) WEEK PRIOR TO PLANNED SUBIvETTAL. TIKE PRE-APPLICATION MEETING IS SET UP BY APPOINTMENT WITH PLANNTNG AND ZONING DIVISION (561) 742-6260 PRIOR TO THE SUBMITTAL DEADLINE DATE. THE MEETING WILL ADDRESS CONCERaxlS REGARDING TH]E TYPE OF SUBMITTAL, BOARD REVIEW SCHEDULE, SUBMITTAL PROCEDURI~S, FEES, APPLICATION FORM, AND/:YPE A.ND NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMYFI'ED. 2) APPLICATIONS WHICH REQULR.E SUBMITTAL OF A TRAFFIC 1/MPACT ANALYSIS, PURSUANT TO THE MUNICIFAL IMPLE~MENTATION ORDINANCE OF PALM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE OR ABANDONMENT REQUESTS FOR STATE OR COUNTY RIGHTS-OF-WAY MAY REQUIRE ADDITIONAL REVIEW TI/ME. (REFER QUESTIONS REGARDING TRAFFIC TO THE PLANN12qG & ZONING STAFF.) 3) ALL REVIEW RESPONSES FROM THE APPROPRIATE OUTSIDE AGENCIES, MUST BE RECEIVED BY PLANNING AND ZONING AT TIJviE OF APPLICATION 4) THE CONCUR. R~NCY REVIEW CONfiMITTEE SHALL TAKE THE PLACE OF THE TECHNICAL REVIEW COMMITTEE FOR APPLICATIONS FOR CONCURRENCY TINfE EXTENSION OR CONCURRENCY APPEAL. 5) CONTACT PLANNING AND ZONING REGARDING THE SPECIFIC PROCESS FOR ALL THE ABOVE APPLICATIONS. 6) THE ABOVE DATES FlAY BE SUBJECT TO CHANGE. CONTACT PLAaNNING & ZONING TO VERIFY DATES 7) *NIEETrNG DATES CHANGED DUE TO ELECTION DAY AND HOLIDAYS. 8) AN APPLICATION RELATIVE TO PROPERTY WITHIN THE COMMUNITY REDEVELOPMENT AREA IS REVIEWED BY THE COMMUNITY REDEVELOPMJ:~NT AGENCY (CRA). ALL OTHERS ARE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD, PRIOR TO CONSIDERATION BY THE CITY COMMISSION -" ABANDONMENT PROCESS INCLUDES 2 ADDITIONAL CITY COMMISSION MEETINGS FOR ORDINANCE PROCESSING - NOT SHOWN ABOVE. S:\Plafining\SHAKED\WP\FORMS'~SCHEDL2002L2002 Review Schedule ABAN-VAKIANCE-CODE REVIEW-P&D-CRA 12/17/01 IX. B. 2002 REV :EW SCHEDULE- P & !CRA LARGE SCALE LAND USE ELEMENT MAP AMENDMENTS, INCLUDING RELATED APPLICATIONS FOg,, ANNEXATIONi REZONING OR COMPREHENSIVE PLAN TEXT AMENDMENTS CITY COMMISSION SUBMISSION T.R.C. PREHEARING P & D PUBLIC HEARING DEADLINE MEETING CONFERENCE MEETING (TRANSMIT TO DCA'I APRIL 2 ** ** JUNE 12 JUNE 19 OCTOBER 1 * * ** DECEMBER I 1 DECEMBER 18 SMALL SCALE LAND USE ELEMENT MAP AMENDMENTS [PURSUANT TO CHAPTER I63.3187.(1) (c) FLORIDA STATUTES] INCLUDING RELATED APPLICATIONS FOR ANNEXATION, REZONING: OR COMPREHENSIVE PLAN TEXT AMENDMENTS CITY COM~MISSION- SUBMITTAL P & D PUBLIC CRA CITY COMMISSION CITY COMMISSION PUBLIC HEARING DEADLINE HEARING BOARD MEETING PUBLIC HEARING FIRST READING SECOND .READING January 16 March 26 t April 2 April 16 May 7 February 6 April 9 April 16 May 7 May 21 February 20 April 23 May 7 May 21 June 4 March 6 May 14 May 21 June 4 June 18 March 20 May 28 June 4 June I8 July 2 April 3 June I 1 June 18 i July 2 t July 16 April 17 _ June 25 July 2 iluly 16I August 6 May 1 July 9 July 16 August 6 August 20 May 15 July 23 August 6 August 20 September 3 June 5 August 13 August 20 September 3 September 17 June 19 August 27 September 3 September 17 October 1 July 3 September 10 September 17 October I October 15 July 17 September 24 October 1 October 15 November 6* I '" August 7 October 8 I October 15 November 6* November I9 August 21 October 22I November 6* November 19 December 3 September 4 November 12 t November 19 December 3 December 17 September 18 November 26 December 3 December I7 January 7, 2003 October 2 December I0 December 17 January 7, 2003 January 21, 2003 October 16 December 19' January 7, 2003 January 21, 2003 February 4, 2003 November 6 January 14, 2003 January 21, 2003 February 4, 2003 February 18, 2003 November 20 January 28, 2003 / February 4, 2003 February 18, 2003 March 4, 2003 December 4I February 11, 2003 February 18, 2003 March 4, 2003 March 18, 2003 December 18 February 25, 2003 I March 4, 2003 March 18, 2003 April 1, :2003 NOTE: · To facilitate the efficient and complete processing of a req nest, it is required that a pre-application meeting be held at a minimum, I week prior to planned submittal. ~e pre-application meeting is set up, by appointment with Planning and Zoning Division (561) 742-6260 prior to the submittal deadline date. The meeting wiIl dress concerns regarding the type of submittal, board review schedule, submittal procedures, fees, application form, and type and number of plans/documents that : required to be submitted. · Only those land use amendments/rezonings that are planned development district requests require review at a T.iLC. meeting. SMALL SCALE AMENDMENTS · A Development Order related to a small scale amendment/rezoning cannot be granted untit aPier the amendment is in effect, which occurs 31 days al'ret adoption less challenged. · Any local government comprehensive pIan amendments directly related to proposed small scale development activities may be approved without regard to statutory fits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the editions listed in Chapter 163.3187 (l)(c)I.a-f.. application relative to property within the Community Redevelopment Area is reviewed by the Community Redevelopment Agency (CRA). All others are by the Planning and Development Board, prior to consideration by the City Commission. · , ,¢ above dates may be subject to change. Contact the Planning and Zoning Division to verify dates. '* Meeting days changed due to Election Day and Holidays. Revl2/I8/01 i ,anmng\SHARED\W~FO RMS\SCHED~2002~002 LandUse-P&D-CRA 12/I 8-0 [.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY February 20, 2002 <<Legislative_Title)) <<First_Name)) <<Last_Name)) <<Address_l )) <<Address_2)) <<City)), <<State)~ <<Zip)) R._~.e: Senate Bill 1578 - restricting the ability of CRAs to create or expand community redevelopment areas. Dear <<Legislative_Title)) <<Last_Name)), Although bill numbers are not yet available, we have recently become aware of pending legislation that would significantly interfere with the way Community Redevelopment Agencies (CRAs) in the State of Florida operate. Please keep your eyes open for any bills that deal with "community redevelopment." Amazing changes take place in communities where CRAs operate. Revitalization does not happen magically. It is due to the hard work, leadership and 100% local funding of cities and counties trying to better the quality of life for their citizens. Hundreds of volunteers, citizen boards and elected officials have committed to tum around urban decay, without costing the state budget a dime. CRAs have proven themselveS to be an exceptionally valuable and unique tool for redevelopment. They are one of the only funding tools used to encourage and enable pdvate sector leveraging in blighted and deteriorating urban areas. We are opposed to any effort that changes the way CRAs operate, and we continue to support Tax Increment as a funding tool for local governments. Let us share with you the successes of your local CRA. We would be happy to furnish additional information and meet with you on these issues. Please let us know how we may be of assistance at any time. I may be reached at 561-742-6350. Sincerely, Larry Finkelstein Chairman Boynton Beach Community Redevelopment Agency S:\Development~Administration\CRA ItemsVSenate Bill 1578 - Petition letter for legtistative support against bill,doc Leq - ,tative Contacts for Boyntor each Legislative Last Name First Name Address 1 Address 2 City State ..Zip Title Senator Klein Ron 3333 S. Congress Ave Suite 305A. Delray Bch FI 33445 Senator Dawson lVl. Mandy 33 NE 2 Street Suite 209 Ft. Lauderdale F1 33301 Senator Sanderson Debby P. 4800 NE 20 Terrace Suite 401 Ft. Lauderdale F1 33308 Palm Beach Representative Atwater Jeffrey H. 10337 N. Military Trail Gardens Fl 33410 Representative Andrews William F. 33 NE 4 Avenue Detray Bch Fl 33483 West Palm Representative Bucher Susan 1660 Southern Blvd Suite Q Bch F1 33406 Representative Gannon Anne M. 302 SE 2 Street DelrayBch FI 33483 VII. A. DEVELOPMENT DEPARTMENT PZ # 0,~-049 MEMORANDUM NO. VARIANCE REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION March 7, 2002 Meeting Date: March 12, 2002 File No: ZNCV 02-005 - Front Yard Wall Height Location: 203 NW 3rd Street OWner: Mr. Steven N. Leach Jr. and Pamela Mrkvicka Project: Front yard wall. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4. J. 1., limiting a wall to a maximum height of four (4) feet within the front building line to the front line to allow a 3.5 foot variance, and a six (6) foot wall within the front building line. BACKGROUND The subject property is located at 203 NW 3ra Street at the intersection with NW 1st Avenue. The property and nearby neighborhood is currently zoned R-l-A, single family residential with the exception of the lot located immediately north of the subject site, zoned C-2. The lot is currently developed and conforming with the R-1-A zoning district requirements. The subject neighborhood is mostly developed (See Exhibit "A" - Location Map). ANALYSIS The code states that the ~'oning code variance cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That .fiteral interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant" e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Page 2 Mrkvicka Variance Staff Report Memorandum No. PZ # 02-049 That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or othen/vise detrimental to the public welfare. (Exhibit "B" contains the applicant's response to the above criteria.) Staff has reviewed the application and conducted this analysis focusing on items "a", "d", and "f" above. The subject property is part of the subdivision known .as Boynton Heights Revision Addition that was platted in 1924. The County Property Appraiser fife indicates the construction date for the original house as 1925, and it is identified as a "Mission Style" house. The southern and western sides of the property have a greater finished grade than the remainder of the property. There are two (2) existing retaining walls on the property: the first is on the western lot line, with an elevation of 4 feet; and. the second is on the southern lot line, with an elevation of 2.5 feet above the finished surface of the ground adjacent to the exterior of the wall. The eastern and southeastern portions of the property coincide with the grade of the adjacent street (NW 3rd Street). Contrary to other properties in the same neighborhood, the subject property was originally filled in order to create a suitable finished grade to build this single-family dwelling. The geological characteristics of this site present unique or special conditions that did not result from any action of the current owner/applicant. The Boynton Beach Land Development Regulations restrict front yard walls, fences and hedges to a maximum height of four (4) feet for visibility, safety and aesthetic reasons. The front yard setback requirement in the R-1-A district is 25 feet. The subject property has the characteristics of a corner lot, therefore requiring a minimum 25-foot front yard setback and a minimum 12.5- foot side corner setback. It should be noted that prior to the beginning of this project, the property had an old 6-foot wooden face located along the entire western property line. The applicant's proposal is to 1) build a 6-foot high wall in place of the previous 6-foot wood fence along the western property line; and 2) build a 3.5-foot high wall above the existing 2.5- foot retaining wall along the south property line, raising the total wall height to (6) feet as measured from the outside of the wall. However, without the variance the wall would be limited to a maximum height of four (4) feet, which would allow a maximum increase of 1.5 feet above the existing 2.5-foot retaining wall. This scenario would not serve the purpose of the structure, and could create a tripping hazard to residents of, and guests on the property. Although the application represents the absolute minimum variance required in achieving the'reasonable use of the land, a minimum 3.5-foot high wall will be necessary to create a practical barrier to ensure privacy and safety. The variance for wall height will apply to the first 20 feet along the southwest (rear) corner of property, along the western property line, and the southern property line. (See Exhibit "C"- Survey). The applicant intends to address a safety and a privacy issue. Under current code the applicant could only construct a four- (4) foot high wall (as measured from the outside of the wall). However, the wall as proposed would be built at 6 feet high on the entire length of the rear yard (west) and the first 86 feet of the side corner yard (south). Since prior to this proposal there existed a 6-foot wooden fence in this place, staff believes that this new structure would have minimal if not any impact on the property to the west, The applicants' proposal to provide the minimum safety and desired privacy barrier would not appear to constitute a special privilege nor would it be incompatible with the adjacent properties. Page 3 Mrkvicka Variance Staff Report Memorandum No. PZ # 02-049 CONCLUSIONS/RECOMMEN DATION Staff recognizes that the situation as presented is unique. The applicants' intent to combine a safety and privacy wall is reasonable. Clear-site triangles will be preserved at the property, and the proposed wall would not obstruct views needed at adjacent driveways. Staff therefore recommends that the request for a 3.5-foot variance to allow a six (6) foot high wall in the front building line be approved. This recommendation is conditioned upon the wall not to exceed six (6) feet in height from the surface..grade outside of the wall. This requirement is indicated in Exhibit "D' Conditions of Approval. MDA/dim S:\PIanning~SHARED~WP~,PROJECTS\Mrkvicka\STAFF REP-Wall Heigmvar.dec Location Map Mrkvicka Variance EXhibit "A" I I EXHIBIT "lB" A) Our house was built in 1925. The finished grade on most of the south side property tine is 2'4" higher than that of the city '.,nd our surrounding neighbors. 8) There is a retaining wall which existed w~n we bought the property. The retaining wall is a runway/launching ramp for :hildren. It is also a fa,,orite sitting area fo¢ assorted individuals A~ter the sun goes down it is not uncommon to ~iew ladies ~oliciting and men selling their products from our retaining wall. We frequently pick up beer bottles and other trash that has been a~l on our lawn from the night time visitors. Two homes in our area (one down the street the other directly across the street) were ~cently burglarfzed. The individual who robbed the house doyen the road dumped a stolen TV and bicycle in our yard in his efforts elude the police. C) The granting of this ~dance wou~d only gNe us what e~eryone else has or is ent[tted to L-~e; a reasonable bard.er [o it, sure ;afety, prNacy and protection. D) Denying our request would place us at dsk for liability suits, promote undesirable activity in our neighborhood and deprNe ;s of our dght to a reasonable barrier. E) A 4 foot high fence is allowed from finished grade. We are asking for a 3' 8" stucco wall matching the texture and color of :ur home running the length of the south side property line minus the 25 foot set back. We would like to continue that height for *,e 25 foot set back on the west side property line. Pdor to beginning this project an old 6 foot high wooden fence ran along the ,ntire west side. F)'The completion of this project is in no way detrimental to the pubic welfare. It will cause no traffic concern and will-' iminate many safety issues. Approval of this vadance will complete an improvement project suited to our 1925 Mission style ome. We ha,,e taken out a home equity loan to f~nd this endeav2r. This is a substantial in,,estment in our home, neighborhood nd hrence this city. _ .. FEB 13 2002 ,~o, ~ ,sr. s,,~:c~ ,<CCURATE LAND SURVEYORS, INC. :r_c. 'un~P^NO B£^CII t' EXH B [. 6 J? . N.W. 3RD. STREET DO NOT REMOVE RECEIVED NOV 0 FILE COPY BIIII.OIN(~ OlVlfilO~' EXHIBIT Conditions of Approval Project name: Mrkvicka Variance File number: ZNCV 02-005 Reference: DEPARTMENTS ENCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES COmments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BLrI~DING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. The portion of the ~vall located into the front building line shall not exceed six (6) feet in height, measured from the surface grade outside the wall. Conditions of Approval 2 DEPARTMENTS ADDITIONAL COM~MUN1TY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ~q'CLUDE ADDITIONAL CITY CONEMISSION CONDITIONS Comments: 1. To be detemfined. REJECT S:\Planning\SHARED\WP'~PROJECTS\MRKVICKA\Condition ofApproval 2 page revised 2002 btm.doc DEVELOPIY "NT ORDER OF THE CITY COMMI' -'ION OF THE t.,~TY OF BOYNTON BEACH, FLORiuA PROJECT NAME: Mrkvicka Variance APPLICANT'S AGENT: Pamela Mrkvicka APPLICANT'S ADDRESS: 203 NW 3rd Street Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 12, 2002 TYPE OF RELIEF SOUGHT: Request for relief from zoning code requirements for wall height within the front building line. LOCATION OF PROPERTY: 203 NW 3rd Street Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: QR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent witlh the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PIanning\SHARED\WP\PROJECTS\MRKVICKA\Develop. Order Form-2002-Revised.doc VIII. ^. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-051 TO: Chairman and members Community Redevelopment Agency THROUGH: FROM: Quintus Greene Director of Development/CRA Michael Rumpf Director of Planning and Zoning DATE: March 5, 2002 SUBJECT: CODE REVIEW CDRV 02-001 (city-initiated) MLK Overlay - Allowing for off-site/shared parking NATURE OF REQUEST To promote use and redevelopment of properties along Martin Luther King Boulevard, further' implement the Heart of Boynton Redevelopment Plan, and to continue establishing the Martin Luther King Boulevard Overlay Zone, staff proposes that Chapter 2. Zoning, Section 8.5 (A) "Overlay Zones" be amended. This amendment is proposed to item 9.Parking, and would insert provisions to allow the use of off-site parking areas to meet on-site parking requirements. Staff proposes that Section 8.5 (A)(9), which is currently "reserved", be amended to read as follows: Parking. a. Required parking spaces, as determined in Section 1 ~.1, shall be owned or leased within one thousand (f, O00) feet of the building to be served. The distance requirement shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application, to the closest boundary line of the property on which the leased parking is located. The property which is the subject of the application, shall be; posted with signage indicating to patrons the location of the off-site parking. b. Lease arrangements to provide required parking spaces shaft be subject to approval by the Community Redevelopment Agency. BACKGROUND On June 20, 2000, the city established the Martin Luther King Boulevard Overlay District and selected corresponding regulations. This included the established of the boundary for the overlay district and certain site regulations. This effort represented the incremental implementation of the Vision 20/20 Redevelopment Plan, which, in general, recommends establishment of "districts" which are to be defined by code amendments that achieve new' Page 2 CDRV 02-00 design and appearance standards or themes, and limit or allow for a mixture of uses. The Martin Luther King Boulevard Overlay District is one of four (4) primary districts recommended by the redevelopment plan, and was processed first to specifically guide development proposed at that time within the area. The proposed revisions to the Land Development Regulations were limited to establishment of the district and corresponding site standards; leaving the establishment of other regulations related to allowed uses, design, signage, landscaping, and parking to be drafted following completion of the Heart of Boynton Redevelopment Plan or other prerequisite tasks or studies. City regulations currently allow required parking for projects proposed within the Central Business District (CBD) to be provided off-site, within 1,000 feet from the subject property, via a lease agreement. However, the code requires that within all other zoning districts, required parking areas must be owned by the owner of the building to be served, and located on the same lot or another lot not more than 300 feet away. ANALYSIS The reason the code provides greater flexibility in providing required parking within the CB[) is because of the shortage and value of land, and due to the close proximity of a variety of uses with different peak parking characteristics enabling efficient sharing of parking resources. Although land along MLK Boulevard is currently developed at a lower intensity and density than the CBD, most of the properties were developed prior to current parking regulations, leaving them short of minimum on-site parking resources. Furthermore, there exists the potential for sharing of parking resources with the current and potential mixture of land uses to be located along the Boulevard. The sharing of parking resources is arq alternative to the overall reduction of the minimum parking requirements, which may be justified depending on the intensity and types of uses ultimately opened up within the corridor. Promoting the sharing of resources also will support property redevelopment and encourage the efficient use of parking resources. There is currently significant underutilized land within the corridor; however, future redevelopment and new businesses may benefit from pedestrian movements routed by the location of different parking facilities within the Boulevard. Staff also recommends that proposed lease agreements simply be approved by thE; Community Redevelopment Agency, based on compliance with the minimum requirements of this section, the contribution to the area of the proposed development or improvement project, and the types of uses involved in the lease arrangement which should have off.- setting peak operation characteristics which support shared parking principals. RECOMMENDATION Staff recommends that Section 8.5 (A)(9) of the Land Development Regulations be amended to allow for the sharing of parking resources within the Martin Luther King Boulevard Overlay District. MWR S:\PLANNING~SHARED\WP\SPECPROJ\REGULATIONS\OVERLAYS\MLK\STAFF REP - CFF-SITE PARKINGDOC Director's Report- March 12, 2002 Financial Update: · Financial Statement- February 2002 Property Acquisition Update - Arrangements completed for wiring funds for option agreements. Real Estate Administrator has begun scheduling appointments to make offers on selected properties in the target area. Project Update: Federal Hiqhway - Staff is finalizing standards and criteria for the Mixed Use and Mixed Use Light zoning districts authorized by the City Commission for inclusion in the Zoning Code. Also being considered is a new infill PUD zoning district for the Federal Highway Corridor. Heart of Boynton (MLK) Plan Staff is continuing to work on a Comprehensive Plan Amendment for the April 2002 cycle. The City Managers office is working with the county on a package of measures involving regarding a possible land swap that would facilitate the transfer of the Cherry Hill public housing site to the City. Ocean District - Phase 2 of the Ocean District planning process was-initiated with an in-house workshop at the end of January. A community visioning session will be held April 11, 2002 to solicit input from residents and businesses in the area. Marina/Promenade/Riverwalk - Revision to the Marina development agreement is tentatively scheduled for action by the City Commission on April 16, 2002. The resolution of necessity regarding the acquisition of property by eminent domain for the Promenade and Riverwalk is also tentatively scheduled for that meeting. An environmental assessment related to the proposed Riverwalk will be handled through a sub -consultant to the property appraisal firm of Anderson & Carr. Way-finding Signa.qe Program - Public Works Department staff is drafting its requirements for the City of Hollywood to meet in the development of the Way-Finding Signage program for the City of Boynton Beach. Director's Report- March 12, 2002 Commission Action Update: February 19, 2002 - Approved: · McMillan Personal Watercraft- ZNCV and MSPM (w/CRA recomm.) Wooster- ZNCV · Revision to the Definition of Building Height · Amending the code to add "places of assembly" to the list of exceptions to maximum building height. Future Agenda Items: (Scheduled for April 9, 2002) 1. Woolbright Grill- NWSP 2. Woolbright Grill- ZNCV 3. Woolbright Grill- ZNCV 4. Woolbright Grill- ZNCV 5. CKS - NWSP 6. CKS- ANEX 7. CKS- LUAR 8. Dale B. Bailey- NWSP 9. Wendy's @ Riverwalk- COUS 10. Caf~ La Notte- COUS 11. Boynton Hills BIk C Lot 152 - ZNCV March 5, 2002 - Approved first reading: Tuesday, ,~anuary 08, 2002 3:39 PM MLPC (561)272ol 042 p.02 MILLEI LAND PLANNING CONSULTANTS, INC. 298 PINEAPPLE GROVE WAY DELRAY BEACH, FLORrDA 33444 PHONI~ · 5~ 1/272-0082 FAX · 56 i/272-1042 Et¢~iL · m~)c~bet~south.net Januaw8,2002 Lusia Galav CITY OF BOYNTON BEACH 100 East Boynfon 8each Boulevard. Boynton Beach. Florida 33425 Code Review CDR¥ 01-005 First Baptist Church - Tgx! Amendment Dear Lusia: Pursuant to our recent discussions, we respecffu!ly request tho t the above refere'nced code review item be postponed from tonight's Community Redevelopment Agency meeffng. The purpose of the postponement is fo allow time to modi~/the proposed fexf and fake [f back fo the Planning & Development Board for reconsideration. Accordfngly, we understand that the public hearfng schedule would be as follows: Planning & Devetopmenl Board Community Redevelopment Agency City Commfssion January 22 7;~ om February 12 6:30 pm February 19 6:30 2m We o ppreciate your cooperation with this matter and will be providing ~ou the amended text shortly. Should you needany additional information, please call. I will assume that I do not need to attend tonight's meeting unless hear from you otherwise. Sincerely, MILLER LAND PLANNING CONSULTANTS. INC. Fax Copy to: Paul Worrell Cliff Mefear C:\M l P C\PROJECT$\First Bcptist Church",.gaIcv Ol0802.wpd MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, DECEMBER 27, 2001 AT 4:00 P.M. Present Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk City Manager Bressner began the agenda review at 4:00 p.m. VI. B3. Award a construction contract in the amount of $2,510,704.50 to Mora Engineering Contractors, Inc. as the sole bidder under Bid No. 003-2413-02/C3D for the Industrial Avenue Corridor Stormwater Improvement Project (PROPOSED RE$OLUT~ON NO. R02-002) City Manager Bressner stated that there was a sole bidder; however, the price was under the engineer's estimate. Assistant City Manager Sugerman said that 11 bidding packets were picked up and there had been confirmations from seven bidders that they were going to bid. However, six pulled out for either other projects or could not get their bid packets together in time. VI.B.5. Award "TWO YEAR CONTRACT FOR THE PRINTING OF FUNFARE! MAGAZINE'; Bid #004-2710-02/C3D, to Lake Worth Herald Press, Inc. in the amount of $22,875 Commissioner Ferguson commented that of the six bids received, none were from Boynton Beach. He would like to see local bidders. ]:t was the consensus of the Commission that Commissioner Ferguson will pull this item for comment at the Commission meeting. VI.D.5. Definition of Height/Height Exception - (Agent: Bradley Miller ATCP) - Request for a code review to revise the definition of "building height" found in Land Development Regulations Chapter 1, Article II and to add language to the exemptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4. F.2. Lusia Galav, Senior Planner, stated that because this is a code review that affects the code city- wide, this item must go before the CRA before it goes to the City Commission. Therefore, it will be pulled from this Commission agenda and will be on the January 15, 2002 agenda. ~, City Attorney CherOf said that it would not come back to the Commission under Consent. It will ~/l--~"'"be under the Legal section. COMMUNITY REDEVELOPMENT AGENCY Tuesday, February 12, 2002 Commission Chambers Boynton Beach 6:30 P.M. II, III. IV. V, Call to Order Roll Call Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption.. Approval of Minutes Director's Report: A. Financial 1) .]anuary 2001 Financial Statement. B. Project Updates 1) Federal Hvvy 2) Heart of Boynton (MLK) 3) Ocean District 4) Marina/Promenade/Riverwalk (Bkuce.]arvis) 5) Way-Finding Signage (.]eft Livergood, Public Works Director) Future Agenda Items. Commission Action. Any persor who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which recorc] includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to oarticipate i~ and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 au least t-wen~/-four hours prior to the program or activity in order for ~ne City to reasonably accommodate your request. VZ. Unfinished Business: Code Review: A. Definition of Height/Height Exception - (Agent: Bradley Miller A:[CP) - Request fi)r a code review to revise the definition of "Building Height" found in Land Development Regulations Chapter 1, Article [I and to add "places of assembly" to the list of exceptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4. F.2. VII. Public Hearings: Zoning Code Variance: A. PROJECT NAME: AGENT: OWNER: LOCAT]:ON: DESCRI'P'T]ON: PRO-]ECT NAME: AGENT: OWNER: LOCATION: DESCRfPTION: WOOSTER _]eft Wooster .]eft Wooster Lot 39, Harbor Estates (South Road) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot rear yard setback to allow a fifteen (15) foot variance, and a ten (10) foot rear yard setback within the R-l-AA single family zoning district. McMZLLAN PERSONAL WATERCRAFi' Kent McMillan Kent McMillan 1105 and 1109 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section :[1, H.16.d, to allow twelve (12) parking spaces in lieu of the twenty (20) required by code, a variance of eight (8) spaces for a retail business ina.C-4 zoning district. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered a[ this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity' to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours orior to the program or activity in order for the City to reasonably accommodate your request. Hajor Site Plan Modification: PROJECT NAME: I~CMILLAN PERSONAL WATERCRAFT AGENT: Kent McMillan OWNER: Kent McMillan VIII, LOCATION' DESCRIPTION: New Business: A. 1105 and 1109 North Federal Highway Request for Major Site Plan Modification to include renovations of two buildings totaling 4,066 square feet and to be used for retail commercial use, and related parking lot and landscaping improvements on a 0.257-acre parcel. CRA Director: Establishment of candidate short list and interview dates. B. Payment Authorization for Quincy Johnson Architects. C. Payment Authorization for Advertised Cases and Public Hearings. D. Authorization to expand the CRA Core acquisition area to include the area bounded by Seacrest, the FEC Railroad, NE 9th Ave and NE 11th Ave. E. Confirm the intent of the CRA to acquire, through condemnation)the property necessary for the proposed Riverwalk Project. F. Authorization to proceed with a Request for Proposal for an environmental analysis of the site for the proposed Riverwalk project. IX, Other: S-1578' A Bill to amend part III, chapter 163, Florida Statutes to restrict the ability of municipalities in various counties to create or expand community redevelopment areas and agencies. Public Audience, Adjournment. Any person who decides To appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary' aids and services where necessary to afford an individual with a disability an equal opportunity to partici ~ate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL ON SATURDAY, JANUARY 12, 2002 AT 9:00 AM.M. Present Larry Finketstein, Chairman Jeanne Heavilin, Vice Chair Josh Aguila Alexander DeMarco Don Fenton Absent Michelle Hoyland Henderson Tiilman I. Call to Order Quintus Greene, Director of Development/CRA Dale Sugerman, Assistant City Manager Chairman Finkelstein called the meeting to order at 9:00 a.m. II, Roll Call The roll was called and a quorum was declared present. iil. Agenda Approval Motion Vice Chair Heavilin moved for approval. Motion seconded by Mr. Aguila and unanimously carded. IV. Executive Director Position: Selection of IntervieWing Committee and Discussion of Interviewing Procedure Chairman Finkelstein noted that the ad for the Executive Director has already appeared in the newspapers and requested he be furnished with copies of all the resumes. Mr. Greene reported that to date 19 resumes have been received by the Human Resources Department. Human Resources will weed out the people that do not meet the criteria and then prepare two lists. The first list would contain the names of all the people that meet the cdteria and the second list would be those persons who marginally qualify. Mr. Greene stated that he had Meeting Workshop ,., Community Redevelopment Agency Boynton Beach, Florida January12,2002 the resumes today and if the Board wished to look at them they could. However, he had to return them to Human Resources. Members would like to see all the applications. Mr. Greene pointed out that resumes would continue to be submitted until the position is filled. The ad still has to be posted on the City web site, as well as a government job site also on the web. which should be done this week. Mr. Aguila, ,Mr. DeMarco and Mr. Fenton requested to be on the review committee. Chairman Finkelstein also would like to be on the committee and noted that the Board had originally discussed having a committee of three. Vice Chair Heavilin requested that'all Board members be afforded an opportunity to review the resumes, which was acknowledged by Chairman Finkelstein. Mr. Greene suggested that the committee establish a standard set of questions and that everyone on the short list should be interviewed. Mr. Sugerman said that the Board should look at ail the applications or have someone else screen the applications. It is very important that all applicants be given due consideration and be treated equitably. All applications must be considered until the position is filled, since the advertisement stated "open until filled." Once the position is filled, the Board can then notify Human Resources that no further applications would be accepted. It was decided that there would be a committee of four to review the applications, with all Board members having an opportunity to see them. The Committee will consist of Chairman Finkelstein and Messrs. Aguila, DeMarco and Fenton. January 31, 2002 will be the date when the committee will begin to review the applications. There was a consensus that this would be the procedure followed by the Board. V. Marina/Promenade Present representing the Marina project were: Messrs. Bruce Jarvis, Mike Fawley, Jerry Garray and Roger Fry, Mr. Jarvis acknowledged that they I~ave agreed to pay for the design- development costs for the Promenade, and they would like the Board's input of what they would like. Mr. Jarvis presented a schematic that was prepared using information furnished at a previous meeting. Areas that need to be addressed are artscape, landscape, design, fencing, bollards and other issues. Also Mr. Jarvis said they needed to know if there would be a land acquisition or if there would be a jog in the street on the east side. Chairman Finkelstein said that they are moving for~vard to acquiring this land. Also, the signage that is place on Federal Highway will carry over to Ocean Avenue on a smaller scale. 2 Meeting Worksh~-, nutes Community Red,..elopment Agency Boynton Beach, Florida January12,2002 Mr. Greene said if they can move forward to acquire the land on the east side of the right of way, this could be done in a short period of time. However, if the eminent domain process had to be utilized, this could take much longer. Chairman Finkelstein pointed out that the CRA has the right to "quick take" property and place the funds in escrow; the cour~ process would be another issue. A "quick take" would involve approximately 60 days. Chairman Finkelstein stated that the Board has agreed that this project must move forward regardless of any obstacles. Further, he thought that enough information had been furnished at the last meeting that a design would have been presented today by the developers. Mr. Greene stated that the Promenade should be designed from Federal Highway to Sixth Street in a way that would complement the design on Sixth Street and Casa Loma, to present the feeling of one area. It is important that everyone be together on how the street should look from a design standpoint. Chairman Finkelstein stated that the design for the Promenade is from the Visions 20/20 Plan and presented some artists' drawings of how the area should look. Discussion ensued on design and the parking situation. Mr. Fry inquired if it was intended to have a boardwalk through the mangroves. Mr. Garray asked if there would be expanded parking opportunities to go with the Promenade, since he felt that additional parking would be necessary for the events intended for this area. Chairman Finkelstein responded that there would be additional parking and pointed out these areas on the drawings. In addition to the parallel parking on the street, Mr. Garray said there are two to three potential pocket lots for overflow parking. One would be at the Relax Inn property, the second would be north of the First Financial Plaza and possibly at the lift station. Mr. Fry inquired about the property once the Relax Inn is purchased. WoUld additional land be added to the right of way? Chairman Finkelstein stated that no specific details have been determined. He would like to have lanes on each side with a median. There would be no parking along the entryway. Mr. Fry stated that they would n'eed some additional land on the corners for the placement of signs. Mr. Jan/is pointed out that the original schematic shows parallel parking on the north side and questioned why the parallel parking couldn't continue further north. Chairman Finkeistein pointed out that the Promenade is not intended to be a large commercial entryway. It's intent is to bring people in and provide walking in the area. Mr. Greene said that the Parking would also depend upon the kind of appeal that the Promenade is intending to offer. If an urban feel were desired, parallel parking would be appropriate. Chairman Finkelstein said they were looking for more of a park feel than an urban lfeel. The intent of using the bollards is to block 3 Meeting Workshop ~..,~"tes COmmunity Redevelop,-nent Agency Boynton Beach, Florida January 12, 2002 the area off to traffic so that festivals could take place. Mr. Jarvis did not think that parking along the street was a good idea. He felt that the Promenade would become a driving lane if parking were permitted. Members agreed that they did not want to see the Promenade become a parking lot, but that some parking could be allowed. Mr. Fry inquired about placing a picket fence on the park side. Mr. Aguila did not think there was a need for a picket fence and felt it could become prohibitive to pedestrians. Also, Mr. Fry suggested having clearly defined entrances to prevent people from walking out into the street. He also felt that a median would prevent people from crossing the street. Chairman Finkelstein noted the intent of the median was to slow traffic down. Mr. Fry inquired how the Board envisioned the proposed arch and Chairman Finkelstein felt it should look natural and head towards the water. Chairman Finkelstein displayed other concept drawings, which were reviewed and discussed. Mr. Jarvis inquired if it would be worthwhile to mitigate the mangroves on the north side of the Marina. He felt that the mangroves served no purpose design wise. Chairman Finkelstein stated that they would be amenable to all ideas. Mr. Jarvis asked about the timing and Chairman Finkelstein did not have an answer at this time. Mr. Aguila felt that it would take approximately two to three years. Mr. DeMarco said there is a need for coordination between the City, the developer and the CRA Board. Mr. DeMarco would like to have a representative from each group meet to discuss a design that would be agreeable to all parties. This would prevent further delays in moving forward. Mr. Greene pointed out that the developer was present today for this purpose. Mr. Greene said that the next step would be for the developer to bring back a preliminary design to the Board. Mr. Aguila noted that there are constant meetings between the City and the developer, of which this Board is unaware. Chairman Finkeistein inquired if any additional information was needed at this time. Mr. Fry suggested bringing back some sketches to the Board and to move forward from there. Mr. Jarvis inquired how the electrical lines would be handled and if it was intended to have the lines buried. Mr. Sugerman reported that it costs approximately $1 million per mile to bury the lines. Vice Chair Heavilin asked if Mr. Jarvis could bring something back to the next Board meeting scheduled for February 12% Mr. Fry stated that he would have something for that meeting. 4 Meeting Worksh~' ' ,lutes Community Redevelopment Agency Boynton Beach, Florida January 12, 2002 Mr. Jarvis presented drawings of the first building intended for the Marina Project, along with a conceptual drawing of the restaurant. It is intended that the square footage of the restaurant will be 7,900 with a 4,000 square foot deck that would have a beautiful view of the Intracoastal. The drawings displayed had a "Key West" theme to give Boynton Beach its own identity. It is anticipated that the restaurant would be built first, and the parking deck and the south building would begin simultaneously. When the parking deck is completed, construction of the second structure should begin. This should take approximately 19 months. Mr. Jarvis reported that the underground work for Casa Loma and Sixth Street is scheduled to begin on the third week of this month. FPL should begin work during the last week of the month. It should take FPL two to three weeks to complete the work. The first phase of the paving on Casa Loma should be done by the end of February. Mr. Garray announced that the name of the project has been changed to Marina Village and will no longer be known as Marketplace. This name gives a real identity to the area. It is anticipated that NE 6~ Street will become "Marina Way". They are planning to come back to the Board shortly for site plan and use approval. A status report will be presented at Tuesday's City Commission meeting. Mr. Garray reported that the Development Agreement would be revised. It is contemplated that there will be major revisions and date changes will be requested. Mr. Garray said that they would continue to keep the Board updated. RECESS WAS CALLED AT 10:30 A.M. THE MEETING RECONVENED AT 10:40 A.M. · Riverwalk Chairman Fi-nkelstein presented some design concepts that he had done previously for this property. Chairman Finkelstein said that at one time he had considered building condominiums on this property and feels that Riverwalk will be a great asset to the City. Chairman Finkelstein had in his possession a release from the State from the Sovereign Submerged Title Act stating that they had no interest in the parcel. It would appear that the City should be able to move forward with its plans for Riverwalk. Chairman Finkelstein asked if the Board members had any suggestions or changes for the Riverwalk. He would like to proceed with a conceptual drawing and obtain the necessary approvals. The property has already been approved 5 Meeting Workshop. - tes Community Redevelopment Agency Boynton Beach, Florida January12,2002 for acquisition. Mr. Aguila did not think that the plan needed any more defining before moving forward. Mr. Aguila would like to have a package put together and hire a consultant to finalize the plans. However, before getting to that stage, he felt it would be better if the land was acquired to cut down on fees and costs. Mr. Sugerman inquired if submersible pilings would be necessary, and Chairman Finkelstein responded that pilings would be necessary since the land involved is submerged. The intent of the project would be to connect it to the existing Mangrove Walk to make the entire area a destination point. Mr. Brian Edwards, a member of the audience, inquired if any environmental problems could surface. Chairman Finkelstein responded that when he met with the DEP, he discussed having a boardwalk and that did not appear to be a problem. Chairman Finkelstein pointed out that there is no sea grass involved that would prevent a boardwalk from being built. There was a consensus that there was enough information available to move forward to the next phase to hire a consultant to put together an RFP to determine the costs. Mr. Sugerman stated that the City already has four consulting, architectural design firms onboard through the Utilities Department. These firms would be available to the CRA since they have already gone through the Consultants' Competitive Negotiations Act (CCNA) and have been approved. Camp, Dresser & McGee, one of the firms, did the work on the Pond. This would make them familiar with submerged land. Mr. Sugerman explained that engineers and architects are not hired on a price basis. They are hired based upon qualifications and then the price is negotiated. Mr. Aguila questioned whether this type of engineering firm would have the expertise that the Board woUld need for this particular project. Chairman Finkelstein inquired if the firm that did Mangrove Park and the Intracoastal Park would be available. Mr. Sugerman reported that the firm Chairman Fin_kelstein was referring to was Wallace, Roberts and Todd, and they are under contract with the City as well. Mr. Fenton suggested contacting them to determine if they would be interested in working on the project. Mr. Aguila noted that the consultant's fee and the value of the work must be under a certain amount without going out for an RFP. Mr. Greene said that*the Board must cleady define the scope of work to be done and provide the consultant with as much information as possible. Mr. Sugerman stated that the City has open-ended contracts with the first four firms that he mentioned and the contracts are not project specific. The rates are houdy and are open ended. 6 Meeting Worksh ,lutes Community Redevelopment Agency Boynton Beach, Florida January 12, 2002 Members discussed having the project done ~n various phases. The first phase would be to define the scope of work for phase one, which would include the environmental issues. If the project cannot get past the first phase, the Board will at least know how to proceed. Mr. Aguila asked Mr. Greene if he had enough information to put together an RFP or whether he could define a scope of work to determine if any of the in'- house consultants could do the work. Mr. Greene said his first step would be to determine if Wallace, Roberts and Todd could be used. The project needs to be design driven, rather than engineering driven. Mr. Bob Foot, a member of the audience, questioned whether the demand for this type of project justifies the expense. Mr. Aguila felt that this is the type of project that if built, people would come. This project should enhance the Mangrove Park and will make people want to come to Boynton Beach. Chairman Finkelstein requested that Mr. Greene draft an outline and determine if Wallace, Roberts and Todd would be available. The firm that is hired would (1) address any outstanding environmental issues, and (2) come up with a schematic design once the environmental issues are known. Mr. Greene suggested that one of the engineering firms could be used for the environmental analysis. When that portion of work has been completed, then the Board can move onto the schematic design phase. VI. Federal Highway Corridor Plan/Zoning In giving a status report regarding the Plan, Chairman Finkelstein noted that the Commission had approved the Plan, but the zoning and land use changes to implement the plan were denied. Mr. Greene stated that the Commission has agreed to amend the Code to include a mixed use and a mixed use light zoning category; however, a zoning change to mixed use or mixed use light can only occur if a property owner requests it. The minimum sizes for the mixed-use zoning categories need to be defined to avoid spot zoning. Even though the zoning categpries cannot be applied as broadly as the Plan set forth, it is still advantageous to have these categories in the code. Chairman Finkelstein inquired if the Board would like to become more proactive in acquiring property located at the Boynton Beach Boulevard corridor from 1-95 to Federal Highway and then from Woolbright to the C-16 Canal. If the CRA acquired these parcels, it would prevent them from having uses that the CRA does not want. Mr. Greene noted that the CRA will have about $6 million in its account. From those funds the CRA has a debt service of approximately $315,000 per year; staff costs of $150,000 per year; and costs for office space, etc. This should leave over $4 million. The properties for acquisition that have been identified to date, based on appraised value, will use up most of this 7 Meeting Workshop ,. tes Community Redevelopment Agency Boynton Beach, Florida Janua~ 12,2002 money. Chairman Finkelstein felt that there would be more money available in the future and he would ike to continue to look at property acquisition, as it becomes available. Mr. Foot requested to speak. He felt the Federal Highway Plan was a good proposal, but it apoeared to him that staff and the Board never worked together to get their ideas across and that is why the Plan failed. He also pointed out that a lot of uses were not permitted. Mr. Foot and his wife are both in favor of improving the downtown. Mr. Foot presented ways that he felt the Board could become more successful in getting their ideas approved. Chairman Finkelstein responded that professional consultants and the staff prepared the Federal Highway Plan. Chairman FinkelStein acknowledged that the Board missed including many uses that should be permitted in the downtown area. The Board should have excluded certain uses instead of trying to decided on permitted uses. He also stated that itwas the Commission that sent the Plan back to staff and that it never came back to the CRA for alternatives. Chairman Finkelstein said that he has asked the Commission to allow the Board to re- examine the Plan in order to address some of the complaints that have been raised. When this has been accomplished, the Plan would be sent back to the Commission. However, he has not heard anything further on this. Mr. Greene felt that even though the Plan was changed, it is a workable plan upon which the CRA can proceed. Mr. Fenton expressed displeasure with the lack of support shown by the Chamber of Commerce that did not come out to support the Plan. Mr. Foot agreed that the Chamber of Commerce should have taken a position on this. VII. Way Finding Signage Program Chairman Finkeistein requested an update of the signage program that was originally intended for the downtown core area. Mr. Greene responded that the focus for the way finding signage program is the downtown. The City of Hollywood was selected because they have a signage program that staff was impressed with and they can contract their services to Boynton Beach through an interlocal agreement. The City's Public Work's Department will be coordinating the program since that Department is responsible for signage in the public rights- of-way. Mr. Livergood, the Public Work's Director, informed Mr. Greene that he intends to come before the Commission for authorization to enter into a contract with the City of Hollywood. Mr. Greene did not have any specifics as to size, design and locations of the signage. Mr. Greene suggested inviting Mr. Livergood to attend the next CRA meeting to explain the program. 8 Meeting Worksh ~utes Community Redb,~elopment Agency Boynton Beach, Florida Janua~ 12,2002 Mr. Fenton thought that the Board authorized approximately $25,000 towards a way finding signage program. Chairman Finkelstein responded that the Board approved a small downtown signage program at a cost of approximately $20,000 and BODA agreed to contribute another $2,000. VIii. Public Audience Mr. Brian Edwards said he was disappointed that the Commission did not request that the Federal Highway Corridor Plan be re-evaluated before changing the Plan. Mr. Edwards would like to see some provision in the Plan for landscaping and fa(;ades that would tie in with the Marina Village concept. Further, he would like to have something in place that would require current businesses to clean up their property and if they did not, certain consequences would apply. Mr. Edwards said he was pleased to hear the plans being discussed today, but felt the City was ack to ground zero by maintaining an ugly corridor. VIII. Other None IX. Adjournment There being no further business, Mr. DeMarco moved to adjourn. was duly seconded by Mr. Fenton and unanimously carried. propedy adjourned at 12:00 noon. The motion The meeting Respectfully submitted, Barbara M. Madden Recording Se_cretary (three tapes) (January 14, 2002) V. DI~R~CTOR'$ RE, PORT V. A. >-~ o oJ Members Four 4-year Term One 3-year Term One 2-year Term One ].-year Term COMMUNZTY REDEVELOPMENT AGENCY LAST NAME FZRST 'EXPZRES ADDRESS PROFESSZONAL NAM E ASSOCZAT.[ON Aguila Jose 6/20/04 800 SW 1st CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1= AVE 4 yr. term (561) 737-8894 Delray Beach, FL 33444 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. 8-102 2 yr. term (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 [-Lxt. 107 C Fenton Don 1/10/06 2556 SW 23~ CRANBROOK Edward .lones & (~:~mpany ' DR 90:L N Congress Avenue, Ste B- 3.01 4 yr. term BOYNTON BEACH 33436 Boynton Beach, FL 33426 (561) 737-0793 (561) 737-3.442 ~/Finkelstein' Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 13.4 N Federal Hwy., Ste 202 4 yr. term (561) 375-8807 Boynton Beach, FL 33435 (563.) 736-9790 Chair V"Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE gm Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, F:L 33435 Vice Chair (561) 731-4474 (563.) 738-6613 J_HoyJand 926 SUNSET ROAD City of Oelray Beach Michelle 1/10/0~ r BOYNTON BEACH 33435 Planning & Zoning Dept 3 yr. term (561) 736-8668~ 100 NW 3.~ Avenue Delray Beach, FI. 33444 (563.) 243-7040 .~ Spanish River High School ,,-l_... Tillman Henderson 1/10/05 54 BENTWATER ~ BOYNTON BEACH 33426- 5100 Jog Road 7646 -Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-220o 01/16/2002 2:04 PM 3:\SHRDATA\CC~WP\BOARDS\L[STS\CRA MEMBERS .doc Z ~z z~ l Director's Report- February 12, 2002 Commission Action Update: January 15, 2002 - Approved Dakota Lofts Approved Marouf's Car Wash Future Agenda Items: (March 12, 2002) None Director'S Report- February 12~ 2002 Financial Update: · · Financial Statement - January 2002 Property Acquisition Update - Real Estate Administrator has received all documentation required to initiate offers on selected properties in the target area. Project Update: Federal Hiqhway - Staff if finalizing standards and criteria for the Mixed Use and Mixed Use Light zoning districts authorized by the City Commission for inclusion in the Zoning Code. Heart of Boynton (MLK) Plan Staff is continuing to work on a Comprehensive Plan Amendment for the April 2002 cycle. The City Managers office is initiating negotiations with the county regarding a possible land swap that would facilitate the transfer of the Cherry Hill public housing CRA Work Plan 2001-2002 Status as of February 1, 2002 Priority A Develop Boynton Beach Blvd. Promenade and Riverwalk (3/03/01 Workshop) Status: In Proqress - Preliminary Design for Promenade being prepared by architect for Marina developer. Acquire funding ($3 million) for land acquisition in Downtown Core Area (3/03/01 Workshop) Status: Completed in September 2001 Assemble land for public parking west of Federal Highway. (3/03/01 Workshop; Federal Highway Corridor Study) Status: In Pro.qress - Appraisals complete and real estate administrator authorized to make initial offers. Non-disclosure contract form being prepared by attorney Develop way-finding signage program Status: In Proqress - Public Works Dept. preparing Inter-local consulting services agreement with the City of Hollywood to design signage program. Tentatively scheduled for City Commission approval on February 19. Priority B Update CRA sector Plans for Ocean District and Boynton Beach Corridor (FL ST s 163.360 (2)) Status: In Proqress- Ocean District Phase 1 Report complete. Phase 2 initiated with in-house workshop. Complete MLK Area Plan and Identify target redevelopment area (City Commission Resolution 87-QQQ; FL ST s 163.360 (2) Status: Completed in November 2001 Acquire property and assemble developable parcels in MLK target area (City Commission Resolution 87-QQQ ; FL ST s 163.370 (9) (e)) Status: Scheduled to begin Spring 2002. City initiating negotiations with county for Cherry Hill public housing site. Priority C (Unscheduled) · Assemble 3 to 5 acre site for possible convention style hotel in Downtown Core Area (3/03/01 Workshop; Federal Highway Corridor Study) · Develop 1-95 Boynton Beach Blvd. gateway entrance feature (3/03/01 Workshop) · Develop median for Boynton Beach Blvd, (3/03/01 Workshop) · Establish the CRA as the city's parking authority (3/03/01 Workshop) · Prepare annexation recommendations for county pockets (3/03/01 Workshop) Criteria: Priority ^: Projects currently underway or mandated by the City Commission and/or CRA Board Priority B: Projects currently underway or required to meet state requirements for CRA Plans Priority C: Other projects identified by CRA Board members ADOPTED: August 14, 2001 Vi. A. DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-015 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael Rump~ Planning and Zoning Director Lusia Galav, AICPJ~ Principal Planner January 16, 2002 First Baptist Church - Height CDRV 01-005 Addendum to Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 01-274 to the Planning and Development Board dated December 13, 2001. Updated information is provided regarding the above referenced project. At the December 26, 2001 meeting the Board voted (4-3) to approve the two code amendments regarding building height. Upon further review by planning and legal staff, substitute language is proposed regarding the height exception portion of the code review. The term "places of assembly" replaces the originally proposed "church height" in the height exception list. This language is being brought before the Board for a recommendation. It will proceed to the CRA Board then to the City Commission for final approval. The substitute language is proposed below. Amend Chapter 2 - Zoning Section 4, F. 2. As follows: "Water, cooling and fire towers, radio and television towers of commercial nature, church spires, places of assembly, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations provided herein, after obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below.' In conjunction with this revision, "Places of Assembly" will be added to Chapter 1, Article II - Definitions as follows: Places of Assembly - Buildings and facilities on a lot or parcel of land specifically desiqned for assembly which may include churches, temples, and other places ot worship; theatres, auditoriums, conference centers, clubs, Iodqes, and fraternal orqanizations." Attached is a copy of Chapter 2, Section 4, F. Height Limitations and Exceptions. Please note the procedure for granting an exception and the criteria that must be addressed before the City Commission grants approval of the request. Attached is the original staff report, Memorandum No. PZ 01-274, containing documentation for the first code revision proposal to change the definition of Building Height. No change ~s being made to that request. Staff continues to recommend approval of both proposed code revisions Boynton Beach Code where the building is to be located, provided, however: 1. All accessory buildings shall be located only in the side or rear yard at least twelve (12) feet from the principal building; and 2. Detached storage structures of any type construction not exceeding one hundred (100) square feet in floor area and seven (7) feet in height may be erected to a point at least three (3) feet from the side property line and/or at least three (3) feet from the rear property line providing no easement rights are abridged. C. BUILDING FRONTAGE. Every principal building shall be located on a lot or a publicly dedicated, accepted and maintained street or private street which conforms to accepted street standards of this city. D. THROUGH LOTS (DOUBLE FRONTAGE). On through lots, the required front yard shall be provided on each street. E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or other visual obstruction shall be created or maintained with a height greater than two feet six inches above the street level, within twenty,five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear. F. HEIGHT LIMITATIONS AND EXCEPTIONS 1. No portion of any structure intended to be utilized for residential, commercial or industrial purposes within the municipal ~imits of the City of Boynton Beach, Florida, shall exceed the height of forty-five (45) feet above the final grade level of such structure, except as noted below. 2. Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be 1997 S-5 erected within a structure or on top of the structure, above the district height lin-fitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. 3. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: a: Whether the height exception will have an adverse effect on the existing and proposed land uses. necessary. Whether the height exception is c. Whether the height exception will severely reduce light and air in adjacent areas. d. Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. e. Whether the height exception will adversely affect property values in adjacent areas. f. Whether the height exception will adversely influence living conditions in the neighborhood. g. Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. been presented exception. Whether sufficient evidence has to justify the need for a height i. The City Commission may, in connection with processing of application for exception hereunder, refer same to the planning and development board for recommendation. 4. In residential zones, freestanding television and citizens' band broadcasting antennae Zoning 4. In residential zones, freestanding television and citizens' band broadcasting antennae may not exceed twenty-five (25) feet in height, and no freestanding antenna may be constructed within the building setback lines. Roof-mounted or wall- supported antennae may exceed the maximum district height regulation by ten (10) feet; but in no instance, may an antennae exceed the roof line height by more than fifteen (15) feet. a. With respect to private community antenna systems as defined in this code, the aforesaid twenty-five (25) feet height regulation sh'all not apply. In the instance of private community antenna systems, a receiving antenna may not exceed forty-five (45) feet in height unless an exception is granted by the City Commission,-and no part of any receiving antenna may encroach in any setback. 5. In residential zones, freestanding transmitting antennae are subject to the following limitations: a. No freestanding base tower and antenna shall exceed forty-five (45) feet in height. b. No freestanding base tower with or without an antenna shall be constructed within the building setback lines. c. No freestanding base tower shall be constructed without having first secured a permit from the city development director. Roof-mounted transmitting antennae shall not exceed the roof line height by more than twenty (20) feet. 6. An application fee shall be payable to the city as adopted by resolution of the City Commission. 7. Notwithstanding any other provision of the Land Development Regulations, including the provisions of this section, telecommunication towers shall only be permitted as a conditional use in the PU Public Usage District and REC Recreation District. G. CUL-DE-SAC. The allowed frontage of a lot when shaped by a cul-de-sac or the frontage of any other irregular shaped lot, shall be measured at the setback or building line, and shall be not less than seventy-five percent (75 %) of the required lot frontage in the applicable zoning district. H. TEMPORARY BUILDINGS. Temporary buildings such as models, offices and tool sheds used in conjunction with Construction work only, may be permitted in any district after approval of the building inspection department and the removal of which is accomplished within thirty (30) days after construction ceases or is completed. I. PUBLIC BUILDINGS. Ali buildings and properties city owned and operated and engaged in the performance of a public function may be permitted in any district as defined herein. J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all districts and boundaries, the following shall apply except that coruer lots shall be regulated by other parts of this ordinance, The following structures shall be permitted in front, rear or side Setbacks as provided in-this ordinance, in any zone, except where so noted; taking into consideration existing easements: 1. Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, in residential zones, except that from the building line to the front line the maximum height shall be four (4) feet. In Multi-family zones, the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in combination with hedge thatShall be maintained at height of fence). Hedges situated olf courses, golf driving ranges, railroad above finished cons.tructed as a (18). inches purposes. or parcels supporting (10) feet in height, walls or fences are of a subdivision or site plan c right-of-way, consistent of a: minimum of eighteen landscaping 2000 S-14 TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-274 Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning and Zoning Lusia Galav, AICP)~/ Principal Planner ~.. December 13, 2001 CODE REVIEW CDRV 01-005 1) Definition of Building Height 2} -Height Exception - Church Building Height NATURE OF REQUEST Mr. Bradley Miller, AICP, of Miller Land Consultants, Inc. representing the First Baptist Church of Boynton Beach is requesting a code review regarding changing the definition of building height and allowing a height exception for church height. The request was presented as follows: · Amend Chapter 1- General Provisions, Article II - Definitions as follows: "Building Height means the vertical distance in feet from finished grade to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height between eaves and the ridge of gable, hip and gambrel roofs, measured from the grade." · Amend Chapter 2-Zoning, Section 4, F. 2. as follows: "Water, cooling and fire towers, radio and television towers of commercial nature, church spires and church heieht, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations provided herein, after obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below." Page 2 Building Height - CDRV 01-003 Memorandum No. PZ 0 I- 171 BACKGROUND In conjunction with this code review, the applicant has submitted a site plan application. The site plan proposal is for the expansion of the First Baptist church at the northwest comer of Boynton Beach Boulevard and Seacrest Boulevard. The church intends to build a new 600-seat sanctuary. The new sanctuary will have a mean height (between eave and peak) of 44 feet. A structural component known as "the fly" is 52 feet high. The church steeple will reach a maximum height of 72 feet. The First Baptist Church property is located in C-3 and R-1,A zoning districts. The new building will be located in the C-3 zoned portion of the site allowing a maximum height of 45 feet. This request for code review regarding height affects development citywide. There are two advisory boards providing recommendations to the Commission regarding development in the City of Boynton Beach. The Planning and Development Board and the Community Redevelopment Agency will both review this request. ANALYSIS Definition of Building Height The current definition of building height is as follows: BUILDING HEIGHT - The vertical distance between a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the South Florida Water Management District, and the apex of the highest roof. The city's definition of building height has been questioned by several applicants/developers in the past. The complaint is that the measurement of height to the peak of roof is far too restrictive asserting that the type or style of roof should be taken into consideration. Staff revie~ved the definition of building height used by three municipalities: City of Dekay Beach, City of West Palm Beach and City of Pompano Beach and for Palm. Beach County. All four definitions use finished grade as the starting point but they all differentiate between roof style to determine the highest point of measurement. Table 1, provides the text for these definitions. The text of the definition as proposed by the applicant is identical to the Palm Beach County version. Staff is amenable to amending the definition of building height to accommodate differences in roof type. The research verifies that this is a more practical approach and accepted standard practice. Page 3 Building Height - CDRV 01-003 Memorandum No. PZ 0 i- 171 TABLE 1 Definitions of Building Height Jurisdiction City of Delray Beach City of West Palm Beach City of Pompano Beach Palm Beach County Definition The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. The vertical distance from the mean grade of a lot at the frontage of the building to the highest point of the top of structure of a flat roof, or to the deck line of a mansard roof, or to the mid-height level between eaves and ridge for gable, hip and gambrel roofs. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building, to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. However, the permissible building dimension shall be decreased or increased one foot for each foot or fraction thereof in excess of five feet that the average elevation of the proposed finished grade is higher or lower respectively, than the curb level of the established grade of the street upon which the proposed building fronts. The vertical distance in feet from f'mished grade to the highest point of roof for flat roofs; to the deck line for mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the grade. Church Height The current regulations for height limitations and exceptions include church spires in the list of items considered for an exception. There is an application procedure and list of criteria that must be considered in order for the City Commission to grant a height exception. Applications are reviewed on a case by case basis in determining the appropriateness of allowing additional height beyond the district regulations. In the case of the First Baptist Church, the proposed expansion will include an application for a height exception for the 72-foot church spire feature. The building design also includes provisions for a "fly" or space over a theater stage where scenery and equipment can be hung. To accommodate the fly a portion of the roof must be designed at a height of 57 feet. This prompted Page 4 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 the request for "church height" to be added to the list of items which may be considered for a height exception. When reviewing the code, staff must not only consider the circumstances of the specific request but how a change in the code will affect development.throughout the city. ChUrches are unique structures having architectural features specific to that type of use, namely to worship. These architectural features can be symbolic or specific to the type of activities going on in the building, like dramatic or musical presentations and pageants. Churches are a permitted use in all residential and commercial zoning districts in the City of Boynton Beach. One of the purposes of height controls is to encourage development that is harmonious in scale and compatible with existing development. The height exception review process outlined in Chapter 2, Section 4. F.3. provides eight (8) criteria that must be satisfactorily addressed before approval is considered. As written, these criteria provide a reasonable basis with which to review church heights on a case by case basis for necessity and neighborhood compatibility. RECOMMENDATION Based on the previous analysis, staff supports both code review requests submitted by the applicant. Staff recommends that the City of Boynton Beach Land Development Regulations be amended as requested. It should be noted that staff support of this code amendment does not represent automatic support. of the proposed site plan as submitted. The site plan and height exception for the First Baptist Church will be considered for approval as separate applications at a later date. lg Exhibits S:~LANNING~SHARED\WP~ROJECTS'drlRST BAPTIST CHURCH OF BB\CDRV 01-005~CDRV 01-005.STAFF REPORT. DOC VI. Unfinished Business Public Heorinqs ZV. Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 8, 2002 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Jos~ Aguila Alexander DeMarco Don Fenton Absent Michelle Hoyland Henderson Tillman I. Call to Order Qui.ntus Green, Director of Development/CRA Lindsey Payne, Board Attorney Mike Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Eric Johnson, Planner Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and a quorum was declared present. III. Agenda Approval: A. Additions, Deletions, Corrections Chairman Finkelstein noted that a request to postpone Item VIII.A. (Definition of Height/Height Exception) has been received. B. Adoption Motion Mr. DeMarco moved to approve the agenda. The motion was seconded by Mr. Aguila and unanimously carried. ~V. Approval of Minutes - Regular Meeting - December 11, 2001 Motion Mr. DeMarco moved to approve the minutes. Motion seconded by Mr. Aguila and unanimously carded. DEPARTMENT OF DEV{-'LOPMENT Meeting Minutes ..... Community Redevelopm ~ Agency Boynton Beach, FL JanuaryS, 2002 A. Financial December 2001 Financial Statement Members were referred to the Financial Statement for December 2001 in their packets. Mr. Greene reported that the ending balance for December 31, 2001 was $4,933,623. This includes $945,684 in' TIF revenues from the City and County. The back-up shows how those funds were calculated: Chairman Finkelstein asked what the interest income for the "equity account" applied to Mr. Greene suggested that he speak with Finance to determine this. Chairman Finkelstein questioned why the interest amount was Iow. Mr. Greene pointed out that December's interest had not been posted. Chairman Finkelstein inquired what "Other Contractual Services" of $1,125 was attributable to. Mr. Greene will check on this° Chairman Finkelstein asked why the legal fees rose to $2,700. Mr. Greene stated the increase was due to the billing cycle. Mr. Aguila noted that the interest income on the "equity account" is interest earned on cash in the bank for the entire City. The interest is then prorated for each fund. 2. Property Acquisition - The Urban Group (Jim Nardi) Mr. Greene referred the Board to the price proposal in their packet from The Urban Group, which was requested at the last meeting. Chairman Finkelstein acknowledged Commissioner Mack McCray and Assistant City Manager Dale Sugerman who were in the audience. Mr. Nardi gave a bdef presentation of their price proposal. The Urban Group has put together some milestones in the acquisition process. If they do not reach a certain point in an acquisition, or if the seller is unwilling to sell, there would be a fiat fee. Five tasks have been identified in the acquisition process, which are set out on the price proposal. The fee is based on hours worked at the hourly rates presented at the previous board meeting. Six ownerships have been identified, as opposed to sites. The not-to-exceed fee is $25,494.56. Chairman Finkelstein inquired if negotiations reached the task 2 stage, which is ";- the unwilling seller stage, would the maximum fee be $1,700. Mr. Nardi ,-~-- -~ .... '- confirmed this was correct. 2 Meeting MinuS- -~ Community R. ~evelopment Agency Boynton Beach, FL January 8, 2002 If property management (task 5) were not required, there would be no fee. Mr. Greene said that the Board is being asked to authorize The Urban Group to proceed with the property acquisitions that have been identified up to a maximum amount not to exceed $25,000. Motion Mr. Fenton moved to authorize the Urban Group to proceed with the property acquisitions that have been identified up to a maximum amount not to exceed $25,000. Motion seconded by Mr. Aguila and unanimously carried. B. Project Updates Mr. Greene reported on the following: 1. Federal Highway Because of many objections from local merchants, the City Commission adopted the staff proposal to allow mixed use zoning districts to be included in the zoning ordinance, but would not apply to the ground. Therefore, there would be no immediate change in the current zoning. A specific request of a property owner would have to be made to request a zoning change. The Department of Community Affairs has been advised that the City is withdrawing its proposed Comprehensive Plan Use Amendment for the Federal Highway Corridor. 2. Heart of Boynton (MLK) Staff is now working on a Comprehensive Plan Amendment for the April 2002 filing. Comprehensive Plan Amendments are heard only twice during the year i.e., April and October. The City Manager's Office is mow ,,o~,~,,o,,,,~ with the County to transfer the public housing in the Cherry Hill area to the City. 3. Ocean District The first phase is complete and the report is included in the agenda packet. 4. Marina/Promenade/Riverwalk Revisions to the Marina Development Agreement are scheduled to go before the City Commission in February. The Madna developer has committed to funding the preliminary design for the Promenade. The developer and his architect will be attending Saturday's workshop to discuss the design. 3 Meeting Minutes ~- Community Redevelopm . Agency Boynton Beach, FL JanUary8,2002 Negotiations for property acquisition necessary for implementation of the Promenade and Riverwalk have fallen through. This will be addressed under item VIII.C. (Eminent Domain). 5. Way.Finding Signage Program The Public Works' staff will be coordinating the Way-Finding Signage Program for the City, They are proceeding with contract negotiations with the City of Hollywood, Florida to design a way-finding signage system. The agreement should be on the consent agenda for Commission approval at the February 5t~ meeting. C. Future Agenda Items There is one item scheduled for the February agenda, which is the MacMillian Personal Watercraft. This involves a zoning code variance and a site plan modification. D. Commission Action The Commission approved the Code Amendment to allow the CRA to hire its own staff. There was an ad for the Director's position in the Sunday, January 6~, Palm Beach Post. The Commission authorized the transfer of $1,274,162 from the Visions 20/20 Fund to the CRA, which includes $611,000 from the Boynton Beach Boulevard Promenade Project and $663,162 from the CBD Parking Program. Mr. Aguila requested that after Mr. Greene gives his report that the members be furnished in writing with the information discussed so that they could have it for study and future reference. Mr. Greene will comply with this request. VI. Unfinished Business - None VII. Public Hearings: Site Plan.: Project Name: Agent: Owner: Location: Description: DAKOTA LOFTS H.P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request for site plan approval to construct 19 multi-family town homes on two (2) acres. 4 Meeting Minutr Community Re~_=velopment Agency Boynton Beach, FL January8,2002 Attorney Payne administered the oath to all persons who would be testifying. Mr. Mike Rumpf, the City's Planning and Zoning Director, presented the item and pointed out the area in question on the drawings displayed on the screen. The property is located on the former Sun Wah Restaurant site. The restaurant would be razed and 19 townhouse units will be built in three separate buildings on two acres between Virginia Garden Drive. and Bamboo Lane. The property currently contains a restaurant, parking area and canal. The property consists of two zoning districts, C-3 on the west and R-l-AA on the east. The Board reviewed the Land Use Amendment Rezoning in November and recommended approval. All buildings will contain three bedroom units and will be three stories high. Amenities would include a swimming pool and canal for boat docking and access to the Intracoastai Waterway. Access would be through Bamboo Lane from the south. Houses on Virginia Garden Drive would share the common access drive through a preserved easement that would extend north and south through the property. The easement currently exists and will be relocated to the west. There will be 38 parking spaces for a ratio of two spaces per unit. There will be four standard spaces and one handicap space provided at the pool area. The perimeter of the project will be enhanced with 10-foot wide landscape buffers and one 20-foot wide buffer. The site plan review was tabled at the November meeting in order to resolve certain issues. Those issues included facade enhancements; Bamboo Lane to be used as access; utility service; how the developer-owner would mitigate impact upon the adjacent property owners who have water wells on the property; and emergency vehicle access. A meeting took place yesterday among the property owners, staff and the applicant. The applicant will present what transpired at the meeting. Planning staff met with Fire personnel today to determine what the Fire Department would require on the southern buffer for emergency egress. The Fire Department will require 40' of cleared area, which will require some landscape adjustments. Staff requests that if the Board recommends approval that the Fire Department requirement be included. Staff continues to recommend approval of the project. Chairman Finkelstein inquired if the Conditions of Approval in the backup are the most current and was informed that they were. 5 Meeting Minutes Community Redevelopn Boynton Beach, FL Agency .... ~ January 8, 2002 Mr. Press Tompkins, representing the applicant, assumed the podium. He stated that they have met with the homeowners to discuss and resolve the issues that were raised at the last meeting as follows: 3. 4. 5. With regard to the water wells, the applicant has agreed to extend the water main down Bamboo Lane and provide water service to residents adjacent to Bamboo Lane, A water main already exists in the condominiums north of the site. That main will be tapped for the residents on Virginia Garden Drive. The developer has agreed to allow the residents to utilize the canal. Some minor changes have been made to the site plan to incorporate some of the conditions of approval. The 40' for the fire vehicles can be accommodated and a removable barrier will .be placed at this entrance. Chairman Finkelstein 4 of that letter referenced a rews improvement to E Tompkins furnished the plan to the mere pkins' letter of December 31,2001. Item an enlarged plan for the or to tonight's meeting, Mr. rs. Mr. Tompkins stated that the access to Bamboo Lane from Federal Highway was never platted. There is, however, sufficient room for access since Bamboo Lane is 65' wide at Federal Highway and 42' wide at the project entrance. Virginia Garden is also shown on an unrecorded plat as a 12' wide easement. This will be relocated approximately 20' to 30' to the west to line up with the project entrance road, so that they would have the same access that they presently have. Chairman Finkelstein inquired if the developer would be enhancing the offsite entrance. Mr. Tompkins responded that the developer intends to fix up the island that is currently in place. Those plans would be submitted to the City. Attorney Jerry Knight, explained that whoever gave the easement back in 1989 never had the authority to do so and that is why it never showed up on the title policy. Therefore, there is no legal access over the project property where the ddveway is located. Chairman Finkelstein asked the applicant if there were any Conditions of Approval that they object to and the applicant stated the agreed with all staff comments. Some of the conditions have become moot since the applicant is supplying water to the residents. Mr. Tompkins presented a handout that addressed some additional changes, such as changing the windows to. glass block windows on the ends of the buildings. 6 Meeting Minut,-~ Community R~._~velopment Agency Boynton Beach, FL January8,2002 Mr. Aguila inquired how the residents of Colonial Club accessed their proper[y, which Mr. Tompkins addressed: The access to Virginia Garden Drive will be relocated approximately 20' to 30' to the west to line up with the project driveway. There will be no access between their property and the property to the north. Chairman Finkelstein opened the public hearing. Mr. Jeff Shaffer, 820 Bamboo Lane raised concerns about annexation and would like to know if there would be expenses incurred. He also expressed concerns about the traffic that would be emanating from Bamboo Lane onto Federal Highway. Chairman Finkelstein stated staff would be addressing these concerns, Kristen Conti, 1 Virginia Garden Drive, presented a letter regarding the meeting held yesterday. She felt progress has been made, but there are still issues that need to be resolved. Ms. Conti noted that Virginia Garden has been used for access for over 30 years, which makes it an implied easement. She would like the gates that the applicant is furnishing to be a Condition of Approval. She would like to know the timeframe for the construction and would like those conditions incorporated into the approval process. She would also like the deed documents to prohibit any future purchaser from changing the windows back to clear glass. Fred Canova, 815 Bamboo Lane, lived next to the proposed project, and had various concerns that included the height of the new buildings, the change in aesthetics in the neighborhood, and ensuring that no future owner would change the glass back to clear glass. He did not think that Bamboo Lane could accommodate additional traffic. Bruce Jarvis, 810 Bamboo Lane, asked why the Fire Department was requiring a 40' entrance to the property. Mr. Rumpf responded that this is a requirement of the Fire Code because the street is a dead end street and a certain number of feet must be available for turnaround. Mr. Rumpf further stated that this would only require some adjustment to the landscaping. Mr. Jarvis asked if a fence would be erected along with the landscaping and was informed that there will be no fence. Mr. Rumpf suggested that the applicant address this. Mr. Jarvis complimented the developer in going out of his way to resolve issues that have existed for years. Further, the razing of Sun Wah and eliminating the activities that occur behind it, will enhance the value of everyone's property. Chairman Finkelstein closed the public hearing. Mr. Tompkins responded to the question about the 40' fire access. They have discussed with the Fire Department placing some type of removable barrier that would blend in with the landscaping and would only be available for the fire and EMS vehicles. This will be worked out with staff. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January8,2002 With regard to traffic, Mr. Tompkins pointed out that the restaurant generated approximately 1,900 trips per day. The project will decrease traffic to 190 trips per day. As to the gates for Bamboo Lane and Virginia Garden Drive, there are three residences on Virginia Garden Drive and it doesn't seem feasible to place a gate for three residents. Mr. Tompkins did not feel that any of the residents of the project would use Bamboo Lane to enter their development, and requested that providing a gate for Bamboo Lane or Virginia Garden not become a condition ofapproval. Mr. Mac Bagby, one of the developers, stated that he spoke with Ms. Conti and informed her that a fund would be established for the residents on Virginia Garden Drive and Bamboo Lane to hire their own contractor to erect their own gates. Mr. Bagby requested that this not be a condition of approval. He agreed that $10,000 for each gate would be provided, but they did not wish to be involved in the process of erecting them. Mr. Bagby agreed that they would provide those persons who had previously used the canal with an easement to continue to cross the canal. With regard to the emergency vehicle entrance, Mr. Bagby stated that they intend to erect a fence with a lock box that would blend with the landscaping. The Fire Department will be provided with the key and the gate will not be left open. The median in the center of Bamboo Lane will be greatly enhanced and upgraded with Palm Trees and shrubbery. For clarification on the annexation and water questions, Mr. Rumpf responded that the Water Service Agreement with the City for residents who are not part of the City contains a clause for annexation° Therefore, signing the Water Service Agreement is a simultaneous agreement for future annexation. This would require additional action on the part of the City. This is a policy issue that should be brought to the City Commission to determine if the City wants to annex those properties. With regard to the expense for water, the City is allowed to charge an additional premium of 25% for the monthly water bill. Mr. Aguila asked for clarification on egress and ingress to Virginia Garden Drive and whether it would be closed off. Mr. Tompkins stated that it would be closed off and the only access would be through their development. He explained how this process would work and they have provided a wider access, which would result in no significant change to the current ingress. Mr. Aguila inquired about the aesthetics of the dumpster gate. Mr. Tompkins responded that they used the City standard for a dumpster. Mr. Aguila felt that the dumpster enclosure could have been made more attractive. 8 Meeting Minute'- Community R~ .~velopment Agency Boynton Beach, FL January8,2002 Mr. Aguila asked if the lighting installed would wash onto the adjoining property and Mr. Tompkins stated that there would be no wash onto other properties. Mr. Aguila requested that this be made a condition of approval. Mr. Tompkins agreed. Mr. Aguila inquired if there would be any out-of-pocket expenses to the residents to have the water installed up to their kitchen sinks. Mr. Tompkins said there would be none and that they have extended the water ma~n. The developer has also agreed to pay for the installation of the water meters and the 25% surcharge. The developer has gone to considerable expense to provide water to the residents. Mr. Aguila stated that the developer has gone out of his way to accommodate the residents and they have done an excellent job under the circumstances. Mr. Aguila supported the project. Mr. Rumpf requested that the four conditions raised be incorporated into the motion. Mr. Aguila noted that the landscaping is skimpy and should be enhanced. He requested that the developer improve the landscaping, especially along U.S. 1. Motion Mr. Aguila moved to approve the Dakota Lofts project as submitted, subject to Exhibit C (staff comments) with the following additional clarifications: 1. Comment #34 will be rewritten to indicate the 40' radius for the Fire Department. 2. Comment #35 should be deleted since that issue has been resolved. 3. Comment #36 should be rejected. 4. Comment #37 will be reworded to reflect the current agreement to make those improvements. 5. Luminaire lighting should be provided so that there will be no overflow of lighting onto the adjacent properties. 6. The landscaping, particularly along the Federal Highway Corridor, be appropriately enhanced, to be worked out between staff and the developer, 7. A gate will be placed at the 40' opening for emergency vehicle access. 8. The actual entrance to the development would be enhanced. 9. Decorative style lighting will be utilized, as well as the use of non-glare lighting and would become comment #38. Vote Motion seconded by Mr. Fenton and unanimously carried. Meeting Minutes ~ Community Redevelopr,..~it Agency Boynton Beach, FL January 8, 2002 VIII. New Business A. Definition of Height/Hei.qht Exception - (Agent: Bradley Miller AICP) - Request for a code review to revise the definition of "building height" found in Land Development Regulations Chapter 1, Article II and to add language to the exemptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4.F.2. Postponed until the February 12, 2002 Meeting Aa Marouf's Car Wash- (Agent: Beril Kruger - Las Palmas Avenue and N. Federal Highway) - Request site plan approval for a car wash facility on 0.22 acres. Eric Johnson, a Planner in the Planning and Zoning Department, presented the item. On May 15, 2001 the City Commission approved a variance to allow a car wash facility on a 9,908 square-foot parcel. The facility will .consist of an automated 1,490 square-foot car wash with an accessory 375 square-foot "Knock Down Detail Tent". There will be one employee on the premises. The landscape plan exceeds the Code requirements. A will be constructed along the north and east property lines. is commercial and abuts residential, the wall is required. 6' high masonry wall Because the property The building has been designed to resemble a single-family residence to blend in with the adjacent residential neighborhood. Artist's renderings of the building were displayed. A monument sign will be located on the southwest comer of the site. There will be no signage on the building. There are 21 conditions of approval. Condition #8 should be deleted since a sidewalk waiver has been approved. This would then eliminate Conditions #6 and #7 as well. The sidewalk waiver was granted because there are no other sidewalks in the area to create any connectivity. Mr. Beril Kruger, 9 NE 16th Street, Delray Beach, represented the applicant, and stated there are no sidewalks in the entire area and that is why the waiver was requested. Mr. Kruger questioned Comment #5 since the facility is only permitted to be open between the hours of 7:00 a.m. to 7:00 p.m. The only lighting anticipated would be security lighting at night to be supplied by FPL. All other lights would be. inside security lighting. 10 Meeting Minut,- Community R~ ~velopment Agency Boynton Beach, FL January 8, 2002 Chairman Finkelstein asked for clarification on Comment fi-4. Mr. Johnson explained that the Code requires a minimum of four parking spaces for non- residential use. Staff determined that the only parking space required is for the on-site employee, which is under the carport. Mr. Kruger offered that the facility is strictly a drive-thru car wash and there is no requirement for parking. Mr. Rumpf pointed out that if on-site parking spaces were required, this would encourage maintenance of vehicles, which staff does not wish to do. A gate will close off the property at night. Mr. Aguila requested that a condition be added that if the carport were used for anything other than a parking space for the vehicle, the property would be cited. Mr. Kruger agreed to this. Mr. Aguila felt ~hat there are times during the year when it is dark by 5:30 p.m. and the lot would be dark and have insufficient lighting. Mr. Kruger responded that FPL will be installing a light that would come on when it gets dark in the rear of the building and would light up the back yard. Mr. Kruger suggested changing the operating h~)urs to daylight hours. Mr. Fenton questioned how one person can collect the money and perform the detailing at the same time. Mr. Kruger responded that the money is collected when the vehicle goes through, whether or not the employee is performing the detailing. Mr. DeMarco inquired if the water used would be recycled. Mr. Kruger said recycling the water is a Federal law and they have complied with ali Federal requirements. Motion Mr. Aguila moved to approve the Marouf Car Wash located on lots 4 and 5 of the Sam Brown Subdivision, approximately 137 feet east of U.S. 1, north of Las Palmas Avenue, subject to all staff comments with the following modifications: 0 Comments #5, #6, #7 and #8 be rejected. Comment #4 be modified to provide that the area under the carport is to be used only for parking and that it shall never be used for any other purpose other than parking. Item #15 be modified to provide that the hours of operation be limited to daylight hours only, seven days per week. Mr. Rumpf interjected that the wording should be "not to exceed 7:00 a.m. to 7:00 p.m.", which is a condition of the vadance approval. Mr. Aguila agreed to include this wording in his motion. 11 Meeting Minutes Community Redevelopn,_.~it Agency Boynton Beach, =FL January8,2002 No outside radio or P.A, system or other devices used to project voice, music or other soUnds be allowed on the property that would be audible to the adjacent properties at any level. Vote The motion was. seconded by Mr. DeMarco and unanimously carried. Eminent Domain - Requesting the City Commission, pursuant to Florida Statutes 163.370. to authorize the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard promenade and Riverwalk. Mr. Greene reported that for several months the City has been negotiating through a third party to acquire property along the right-of-way of the proposed Boynton Beach Boulevard Promenade and Riverwaik. The deal fell through, which now necessitates the City to exercise the power of eminent domain. Under State law, the CRA itself cannot exercise eminent domain, but must formally request that the City do so. Staff is recommending that the Board entertain a motion to request that the City Commission, pursuant to Florida Statute 163.370, authorize the use of eminent domain to acquire public right-of- way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk. Motion Mr. Aguila moved that this Board request that the City Commission, pursuant to Florida Statute 163.370, authorize the use of eminent domain to acquire public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk. Motion seconded by Mr. DeMarco. Chairman Finkelstein inquired if the actual legal description of the properties that the City is being asked to take by eminent domain would come back to this Board for approval. Mr. Greene felt that the specific details of the parcels would come back to the Board. Attorney Payne stated that this would have to be included in the Resolution. Mr. Fenton suggested postponing approval until all the details are known. Chairman Finkelstein did not want to delay moving forward and stated this would be discussed in detail at Saturday's workshop. Chairman Finkelstein wanted to look at all the parcels because it may not be necessary to purchase all of them for the project, thereby saving the City some money. Chairman Finkeistein requested that Mr. Aguila amend his motion to indicate that this Board approve the final Resolution that is presented to the Commission for consideration, which Mr. Aguila agreed to. Mr. DeMarco seconded the amended motion. 12 Meeting Minuf Community Rer~evelopment Agency Boynton Beach, FL January 8, 2002 Chairman Finkelstein did not think that the Board could provide the legal description that would accompany the Resolution without further study. Mr. Greene stated that there is a survey of the proposed right-of-way for the Promenade. Mr. Greene said that the survey should be sufficient for purposes of the Resolution. Chairman Finkelstein agreed that this would be adequate. Mr. Aguila suggested postponing the Resolution until the Board had more opportunity to discuss the issue. Chairman Finkelstein suggested that the wording in the motion could be "limited to the property necessary to acquire the Promenade property in accordance with the survey performed by Suntech Engineering for the CRA and Dewey Subdivision lots 4, 13 and 20, City of Boynton Beach, Palm Beach County, Florida." He also had available the exact legal description for the Riverwalk property as well. Vote Mr. Aguila further amended his motion to include the wording in quotes recommended by Chairman Finkelstein in the preceding paragraph. Vice Chair Heavilin amended the second of the motion. The motion unanimously carried. IX. Public Audience None VIII. Other Mr. Aguila reported that he received a letter from the City informing him that he had missed three meetings and if he missed one more he would be removed from the Board. Attached to the letter was an Ordinance dated December 18, 2001. Mr. Aguila said he called the City Attorney who informed him that Ordinances are not retroactive; therefore his absences, which took place prior to adoption of the Ordinance, do not count. Further, Mr. Aguila stated that because the CRA is governed by Florida Statutes, members cannot be removed for having missed four meetings. Attorney Payne confirmed this. The Commission can remove a member if the Commission determines that there have been improprieties on the part of a Board member. Attorney Payne noted that this was a policy for City Boards and that the notice sent to Mr. Aguila was done routinely. She will speak with City Attorney Cherof to clarify the issue of absences. Mr. Aguila pointed out that he works very hard on behalf of the Board and attends as many meetings as possible, but sometimes his job requires that he miss a meeting, because he has to be elsewhere on business. He was troubled when he received the letter because of his efforts on behalf of the Board. 13 Meeting Minutes r-, r-~. Community Redevelopm~ ,' Agency Boynton Beach, FL January 8, 2002 Mr. Greene also noted that when the Commission considers removing a CRA member, that member must be provided with a 10-day advance notice, as well as giving the member the opportunity of having a hearing. Mr. Greene stated that he spoke with the City Clerk regarding the letters that are sent out regarding Board absences and was informed that there are no exceptions made. Mr. Fenton noted that his term expires on January 10, 2002 and questioned if he should attend Saturday's workshop, Mr. Greene informed him that he is on the Board until he is replaced or re-appointed. Mr. Fenton stated he would like to be re-appointed. IX. Adjournment There being no further business, the meeting properly adjourned at 8:35 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (December 9, 2001) 14 DEVELOPMENT DEPARTME.... MEMORANDUM NO. PZ 02-028 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION January 31, 2001 VII. C. DESCRIPTION OF PROJECT Project Name/No.: McMillan Personal Watercraft/MSPM 01-003 Property Owner: Kent McMillan Applicant/Agent: Kent McMillan Location: Address: 1105 & 1109 North Federal Highway, Boynton Beach. The subject project is located on the v~est side of North Federal Highway, north of Martin Luther King Boulevard (a.k.a. NE 10th Avenue). Land Use/Zoning: GC General Commercial/C-4 (General Commercial District) Type of Use: Retail Project size: Site Area: 0.257 acres (11,206.5 square feet) Building Area: Existing building "A": 2,746 square feet Existing building "B": 1,320 square feet Total building area: 4,066 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Adult Entertainment establishment z)ned C-4; South Outreach Ministry Church, and a vertical blinds store zoned C-4; East Federal Highway right-of-way and farther east a vacant commercial use zoned C-4; and West F.E.C. Railway right-of-way and farther west a commercial use zoned C-2. Site Ch aracteristics: The site is composed of two (2) rectangular-shaped lots. At present, the site is developed with two (2), fiat-roof, one-stow (1) buildings occupying both lots. The site is currently accessed from two (2) driveways along U.S. Highway 1. The entrance drives and parking lot are paved. There is an eight- (8) foot high wall in place along the rear (southwest) property line, and a five- (5) foot high wall along the western property line. Proposal: Th~s proposal will be completed in two phases and consists of the renovation of two (2), one (1)-stow vacant commercial buildings, totaling 4,066 square-feet and located on two (2) lots totaling 0.257-acre (see Exhibit "B"). As part of phase I, the wall along the western property line will be raised to eight (8) feet buffering the subject property from the F.E.C. Railway. A new eight (8) foot CBS wall is proposed along the northwest property line extending twenty- seven (27) feet eastward and twenty (20) feet south, and closed by a new six (6) foot gate. The first phase also includes all site improvements and facade improvements to building "B" located in the westerly portion of the lot; the second phase consists of renovating building "A", fronting U.S. 1. The proposed building height is sixteen feet nine inches (16'-9"), which is below the 45-foot maximum height allowed in the C-4 zoning district. Page 2 McMiilan- Major Site Plan Modiication' Stall Repor~ Memorandum No. PZ 02-028 It should be noted that although the proposed use may not totally conform to the intent of the Corridor Redevelopment Plan to exclude "vehicle-oriented and non-neighborhood serving uses", the use supports water-dependant/related uses for which the city should expect to be in demand given the close proximity to the marina, Intercostal Waterway, and Boynton Inlet. Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility:. A traffic statement for this proiect was submitted and forwarded to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined the project met the Traffic Performance Standards of Palm Beach County. This project is not subject to the City's concurrency ordinance regarding drainage (Chapter 1.5, Article VI, Section 10.B.). Conceptual drainage information was submitted for the City's review and the Engineering Division has no additional comments. However, exemption of a development order or permit from the concurrency requirement shall not relieve the obligation of the applicant in obtaining the necessary permits / approvals from all applicable reviewing agencies such as the Lake Worth Drainage District and South Florida Water Management District. On-site traffic circulation will maintain its original configuration with two (2) existing driveways along U.S. 1. The first driveway, consisting of two-way aisles, is twenty-four (24) feet wide, and is located twenty-nine feet five inches (29'-5") south of the northeast corner of the property. The second driveway is twelve (12) feet wide and located twenty-four feet five inches (24'-5") north of the southeast corner of the property, and would allow only egress movement. The Land Development Regulations require a minimum of one parking space per 500 square feet for a boat sales use. However, the applicant is requesting apProval for a parking space variance i.n order to obtain approval for retail uses within the two buildings. However, most retail uses require a minimum of one space per 200 square feet of building area which would require a total of twenty (20) spaces. The total r~umber of parking spaces proposed equals twelve (12), 90° spaces, of which one (1) space is designated for handicap use. The single parking aisle is proposed to conform to the minimum.24 feet back-up distance as only required in the Community Redevelopment Area. However, the parking facility would remain with a single entrance and two (2) exits. Vehicles will have limited turning movement options, which could be further limited during the presence Of delivery vehicles. Depending upon the size of delivery vehicles, delivery vehicles may be required to back out of the site onto Federal Highway/US-I, or far enough into the northern driveway to allow forward movement out of the southern driveway. Staff therefore recommends that the operator arrange for deliveries, using over-sized trucks, to occur during off-hours of the respective businesses. Although the site contains a dead-end drive aisle, the aisle should be short enough, and visible from the entrance to allow for determination of availability before entering the aisle and passing the second aisle leading to the egress dri,,eway. It should be reiterated that this project will require a zoning code variance from Chapter 2, Section 11.H. in order to allow twelve (12) parking spaces rather than the minimum twenty (20) parking spaces required by Code. The subject site plan could not be approved without the granting of the parking space variance. Any conditions of the variance approval should Page 3 ,McMillan- Major Site Plan Modifcation Staff Report Memorandum No. PZ 02-028 Landscaping: Building and Site: Community Design: Signage: be considered part of the approval of this major site plan modification. Presently, the entire portion of the front lot contains existing asphalt. The landscape plan proposes to remove the asphalt and replace it with appropriate groundcover / sod in al areas of the site excluding the (;rive aisle and parking areas. The landscaping of 'the site fully meets the minimum landscape requirements as set forth in the Land Development Regulations, Chapter 7.5 Article II. It should be noted that landscaping within the front buffer is limited by the city's, as well as DOT's regulations applicable to the clear site triangle. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The McMiltan Personal Watercraft Building is a simple, contemporary style, rectangular- shaped, one-story structure. The building surface will have stucco walls and will be painted "Horizon Blue" (Behr Paint Horizon B-~3p) with white (Behr White 270w) windows and doors trims. The roof material will be the natural 5'V'Crimp Metal, which is a roof material more pr_evalent within the downtown area and consistent with the design recommendations from the Visions 20/20 Plan. There is no predominant roof material currently used in this portion of the corridor. While surveying the site. staff noted that the adult entertainment use north of the subject property is painted in a beige-aPricot color, the immediate retail-church building to the south is painted bright yellow, while on the east side of Federal Highway the buildings are in different shades of white. The Boynton Seafood Market located at the southeast corner of Federal Highway and Martin Luther King offer the closest similarity to the proposed shade of blue. Furthermore, it should be noted that there is no predominant color scheme in the immediate surroundings of the subject site. The applicant has not submitted any signage for this project. An existing, non-conforming, pole sign remains on the premises that may be used for the project if the sign structure is not a tered. Further, based on the front dimension of building "A" (44 feet), the maximum building signage could not exceed 66 square feet. RECOMMENDATION~ In conjunction with this site plan modification, the applicant has submitted a variance request for the number of parking spaces required for the site. The proposed site plan is deficient in parking by eight,,(8) spaces. Staff has recommended denial of the variance request and alternatively recommends a variance for/~.spaces be approved which staff finds to be the minimum necessaryto make reasonable use of the land. -.~ The proposed site plan represents the proposal to renovate a vacated commercial structure. Staff acknowledges that the proposed project has been tailored to best balance site constraints and project needs with the most intensive use and parking scenario. The proposed site plan would positively affect the property value of the area; will decrease slum and blighted conditions in the neighborhood and beautify the general streetscape along the Federal Highway corridor. Staff, therefore, recommends approval of the proposed site plan. If the Board decides to approve the site plan, the approval should be subject to the comments included in Exhibit "C" - Conditions of Approval, including obtaining relief from the parking variance and/or subject to modifications to address the charaCteristics of the variance approval. The Technical Review Committee .(TRC).recommends that the deficiencies identified in Exhibit "C" be corrected on the set of plans submitted for building permit. xc: Central File \\CH\MAIN\SHRDATA\Planning\SHARED\V~\PROJECTS\McMillan Personal Watercraff\MSPM\Staf report MSPM 31-003.doc Location Map McMillan Personal Watercraft EXHIBIT "A" 8OO 0 800 1600 Feet EXHIBIT "B" EXHIBIT I'B" EXHI R[.I_E~ 102.85' PROP. BUILDING REMODEL FOR~ I PRECISION DRAFTINGAND ~ENT MC MILLIAN ARCHITECTURE INC. EXHIBIT "B~ i /i EXHIBIT "B" DEVELOPMENT Or'-~' ER OF THE CITY COMMISSION ~'~':' THE CITY OFBOYNTON BEACH, FLORIDA PROJECT NAME: McMillan Personal Watercraft APPLICANT'S AGENT: Kent McMiIlan APPLICANT'S ADDRESS: 1301 SW 27~h Avenue, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 1105 & 1109 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\McMillan Personal Waf:ercraft\MSPM\Develop. Order Forrn-2002-Revised.doc EXHIBIT "C" Conditions of Approval prOject name: McMillan Personal Watercraft File number: MSPM 0 ! 4)03 Re ference: 2"a review revised plans identified with a Planning & Zoning date stamp marking of January 22, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTIiLITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: I. Proof of an FDOT permit will be required for the changes to the driveways (due at the time of City of Boynton Beach building permit submittal). 2. Provide an engineer's certification, at time of permitting, as specified in the LDR Chapter 4, Section 7.F.2. BUILDENG DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None Conditions of Approval DEPARTMENTS INCLUDE REJECT PLANNENG AND ZONING Comments: Site plan does not meet parking requirements. Revise site plan accordingly or request and obtain a variance for the required parking spaces. Site plan approval is contingent upon the approval of the parking space variance. 4. Any conditions of the variance approval should also be considered as part of the approval of this major site plan modification. 5. Deliveries using oversized vehicles' should be arranged to occur during off-hours to minimize circulation conflicts/congestion. Any outdo~>r display of merchaCdiseI'~hall be in conformance with L.D.R. Chapter 2, Zoning, Section 6. IiS. 6. ~-: :q; i~ · , L, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determ/ned. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\McMillan Personal Watercraft\MSPM\Condition of Approval 2 page revised 2002 brm.doc )/7¢ ~EVELOPMENT SERVICES DEPA~ .,MENT PLANNING AND ZONING DIVISION MEMORANDUM #PZ 02-024 Staff Report Community Redevelopment Agency Board and City Commission VII. A. Meeting Date: January 31,2002 File No: ZNCV 01-023 Rear yard setback Location: Harbor Estates Lot 39, South Road Owner: Jeff Wooster Project: New single-family house. Variance Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot rear yard setback to allow a fifteen (15) foot variance, and a ten (10) foot rear setback within the R-l-AA single family zoning district. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned Rd-AA, single family residential. The applicant desires to develop the property with a single-family home. Currently, the subject neighborhood is mostly developed (see Exhibit "A" - Location Map). The following is a description of the zoning districts and land uses of properties that surround the subject property: North: South Road right-of-way and farther north single-family homes zoned R-l-AA. South: Recreation area of a multi-family residential development zoned R-3, farther south a finger canal from the Intracoastal Waterway. East: Single-family home zoned Rd-AA. West: Vacant lot #38 zoned R-l-AA. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: ao That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Page 2 Wooster Variance File No. ZNCV 01-023 b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the appficant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public we/fare. Staff has conducted this analysis with a focus on the uniqueness of the subject property relative to other subdivisions similarly zoned, the history of variance approvals within the subject subdivision, and neighborhood impact. According to the applicant's response to the above criteria, contained in the Exhibit "B", it is the applicant's position that other property owners in the neighborhood have been allowed the privilege of reduced rear setbacks. The applicant therefore feels that he is also entitled to the same privilege, and has therefore submitted this application in conjunction with the plans to construct a 3,600 square foot, 2-story residence (see Exhibit "C"- proposed plan). Staff's review of city records and field checking verified that several similar variances for setback reductions have been granted for properties within close proximity to the subject property. The Harbor Estates Subdivision was platted in 1947 with typical lot dimensions of 100 feet (wide) by 80 feet (deep). About four (4) lots have unique lot depths in excess of 100 feet. In contrast, other subdivisions throughout the city that are similarly zoned have typical lot dimensions of 80 feet (wide) and 100 feet to 120 feet (deep). The shallow depths of typical lots within this subdivision, when combined with the minimum rear and front setbacks (totaling 50 feet), may limit design flexibility. It should be noted that it is this information on which staff has found evidence of a hardship. Unlike the review of previous similar variance applications, which were limited to the subject subdivision, the comparison with other similarly-zoned subdivisions has revealed the real uniqueness of the subject plat and therefore the potential for zoning regulations to have unequal effects within similarly-zoned properties. With respect to consistency with the intent of the respective zoning regulations, and impacts on adjacent properties, staff acknowledges that if the standard building envelope is expanded closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and views. The applicant proposes to extend the western portion of the building footprint to 10 feet from the property line, leaving the remainder to be setback approximately 25 feet. While this may maximize views from the proposed home to the intracoastal Waterway, as well as light Page 3 Wooster Variance File No. ZNCV 01-023 and airflow to the future dwelling unit, this may reduce light and airflows, and limit views to the southeast from the adjacent lot #38 (see Exhibit "D"). A similar variance was also granted to the adjacent lot #38, however, the proposed plan for lot #38, as represented in the respective application, was to limit the extent of the building that would be built with a rear setback of 10 feet, rather than 25 feet, to a 20 foot wide section of the central portion of the rear wall. The benefit of this design is to maintain the standard rear setback of those portions of the home that are nearest to adjacent homes. It should be noted that there are no dwelling units located immediately to the rear of lots #38 and #39, but only the parking area and pool for the Lake Worth Mariner Village townhomes. CONCLUSIONS/RECOMMENDATION Staff recommends that this request, by Mr. Jeff Wooster, for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., as described herein for the purpose of constructing a single-family residence, be approved. This recommendation is based upon the following: 1) 2) 3) 4) That special conditions exist as represented by the shallow lot dePths of the subject subdivision compared to other subdivisions, similarly zoned (i.e. Mission Hill, Chapel Hill and Golfview Harbour); That numerous similar variances have been granted to other properties within the subject subdivision including those lots adjacent to' the sUbject lot; That the magnitude of the ~;~r ance request represents the minimal variance necessary to make reasonable use of the land; and That impacts upon adjacent properties will be minimized if relief from the setback only applies to that portion of the proposed structure located a minimum of 30 feet from the west property line, and a minimum of 20 feet from the east property line (see Exhibit "E").. Staff acknowledges that the restriction recommended within item ~ above seems to treat unequally the home on lot #40 to the east; however, the' effeCtSof the variance would have less of an impact upon the current amenities enjoyed at lot fi40 ure and views to the Intracoastal Waterway), toward which this home was on It should be noted, that in response to property owner t the potential over- building of lots within the subdivision, staff is considedn! ~roperty owners to clarify concerns and consider code revisions to address same. This project is expected to commence during the month of February. If the Board and Commission are not satisfied with the application, or with the staff recommendation, the Commission may consider as an alternative the postponement of this review until the study is completed. Additional conditions bf approval recommended by the Community Redevelopment Area Board or City Commission will be placed in Exhibit "E". MDN ' S:~Planning\SHARED\WPtPROJECTS\Wooster Variance-Ha~or Eslates Lot 39~STAFF REP-Rear yard setbackvar.doc Location Map Harbor Estates Lot EXH lB IT "A" -tEl EXHIBIT "B" Request for rear setback variance. Statement of special conditions, hardships and reasons justifying the requested exception variance. A. The 25ft. existing rear setback would impose an undue hardship on the use of the land. The home would only be able to be 30fL in depth therefore making it not functional and bring down the overall value of the property. With the setback reduced to 10f~. the home could be built to 45ft. in depth and allow for better use of the land and home bringing up the property-value. B. The setbacks were imposed by the city and do not result from the actions of the applicant. C. There are a total of 40 total lots within the development of Harbour Estates and 18 have applied and been granted the rear setback reduction to 10ft. versus 25~. Therefore, the granting of the variance requested would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. D. If the variance would not be granted the applicant would be unjustly deprived of the rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work mmeeessary and undue hardship on the applicant, Because 18 other lots in the development have been granted this same setback variance they enjoy larger more functional homes and better views. go This variance, if granted, is the minimum variance that will make poss~le the reasonable use of the land, building or structure, maximizing the functionality of the home as well as the water views. Fo The granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Instead, expanding the rear setback will add to the community with a larger and more valuable home and allow for a more aesthetically pleasing front elevation. OEO 2 8 200 -,EXHIBIT "C" ..... EXHIBIT "C" M'ATHAEY RESIDENCE BON ,'},-t'0{',' B.E.AC~ . x ~ EXHIBI' "n~- il NO~TH II D l, EXHIBIT "E" Conditions of Approval Project name: Wooster Variance File number: ZNCV 01-023 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTII ,ITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORE STER/ENVIRONMF-NTA I ,IRT Comments: None PLANNING AND ZONING Comments: 1. Portions of structure placed less than 25 feet from rear setback shall conform to side setback of 30 feet (west side) and 20 feet (east side). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTS\Wooster Variance 01-023',Condition ofApproval 2 page revised 2002 form.doc DEVEL~°MENT ORDER OF THE CITY CO~'NllSSION OF THE CITY OF BOYNTON BEACH, FL _ RIDA PROJECT NAME: Wooster Variance APPLICANT'S AGENT: Jeff Wooster APPLICANT'S ADDRESS: 102 NE 18TM Street Delray Beach, FL .33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request for relief from zoning code requirements for building setback. LOCATION OF PROPERTY: Lot 39 South Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts tt~e findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further develc pment on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wooster Variance 01-023\Develop. Order Form-2002-Revised.doc UEVELOPMENT SERVICES DEPAF(rMENT MEMORANDUM #PZ 02-025 Staff Report Community Redevelopment Agency Board and City Commission 'VII. B. Meeting Date: February 12, 2002 File No: ZNCV 01-022 (parking space reduction) Location: 1105 & 1109 North Federal Highway, Boynton Beach Owner: Kent McMillan Project: McMillan Personal Watercraft. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d. (12), to allow twelve (12) parking spaces in-lieu of the twenty (20) required by code, a variance of eight (8) spaces for a retail business zoned C-4, General Commercial. BACKGROUND The site is located on the west side of North Federal Highway, immediately north of Martin Luther King Boulevard (a.k.a. NE 10th Avenue). The applicant is concurren[ly requesting approval of a major site plan modification for the renovations of two buildings totaling 4,066 square feet, one of which would be used for the retail sales of personal watercraft (boats), and related site improvements. (see Exhibit "B" - Site Plan). The subject property consists of two assembled lots with a total of two buildings (one on each lot). The southern lot (lot #2 - building "A") was developed around 1958, and the northern lot (lot #3 - building "B") was developed in 1962. No current occupational licenses are active for either building. The Land Development Regulations require that parking requirements be brOught up to code when a use change is proposed that would generate the need for additional parking spaces. As the minimum number of spaces cannot be provided on-site, relief must be obtained to allow the project to proceed. The regulations also require full site plan review when there is not compliance with any applicable site re§ulations. The proposed plan indicate, s that building "A" is 2,746 square feet, building "B" is 1,320 square feet, and that total square footage equa s 4,066 square feet. Based on the parking space ratio for retail uses of one (1) pa, rking space per 200 square feet of gross floor area, the proposed project generates the need for a minimum of 20 parking spaces. However, the applicant has space to provide only 12 spaces. Therefore, a variance is necessary to obtain relief from the zoning regulations to reduce the parking requirements from one (1) space per 200 square feet of gross fl~or area to one 11) space per 339 square feet of gross floor area. The proposed reduction and variance request represents a difference of eight (8) parking spaces. The following is a description of the zoning districts and land uses of properties that surround the subject property (see Exhibit "A"-location map): North: Adult entertainment establishment zoned C-4; South: Outreach Ministry Church, and a retail store selling vertical blinds zoned C-4; Page 2 McMillan Personal Watercraft File No. ZNCV 01-022 East: Federal Highway right-of-way and farther east a vacant commercial site zoned C-4; and West: F.E.C. Railway right-of-way and farther west a commercial use zoned C-2. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not appficable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the appficant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That fiteral interpretation of the provisions of this ordinance would deprive the appficant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff conducted this analysis with emphasis on the applicant's response to the above criteria contained in the Exhibit "C", and current site layout and capacity. It is the position of the applicant that the proposed improvements have been tailored to best balance site constraints and project needs. The applicant believes that the current deficiency in parking is attributed, in part, to lot configuration and limited available space. Staff acknowledges that the current situation is simply by virtue of the fact that the property was improved prior to modern site and parking regulations, and therefore subsequently kept occupied or allowed to be re-occupied without application of modern regulations. The current situation is also intensified by the proposed change to a retail use, which increases the minimum parking requirement to one space for every 200 square feet. In contrast, the previous use licensed for the property included an electrical contractor, which would require no more than one space per 500 square feet and possibly less if a storage use ratio (one space per 800 square feet) is applied to the appropriate portion of the building. The applicant prefers the variance that represents, 'n general, the most intensive use and parking scenario. A variance based on the retail parking ratio would grant the property owner the greatest flexibility in terms of leasing options. Nearly all retails uses would conform to this parking ratio except for restaurants, without parking requirements being less on the remainder of the project to provide a balance or offset the minimum restaurant ratio of one space per 100 square feet. Page 3 McMillan Personal Watercraft File No. ZNCV 01-022 The city acknowledges the challenge to successful beautification and redevelopment efforts presented by non-conforming properties, and has tended to equate site constraints from the built environment with "hardship". Using this viewpoint, one could construe that special conditions and circumstances exist which are peculiar to the structures, which is caused by the application of regulations not in effect when the property was originally improved. Current parking regulations applicable to retail uses could not be satisfied on this site without building demolition to reduce building square footage, or by acquiring and demolishing improvements on adjacent properties on which the parking lot could be expanded. With respect to .whether granting of the subject variance would confer on the applicant any special privilege, it should be noted that the city approved a similar variance request in 2001 (M & M Appliance). This previous application was similar in that it involved the intensification of an existing building located within the redevelopment area, the lack of site capacity, and the shortage of minimum parking spaces. This approval reduced on-site parking requirements for a retail use to less than one space per .300 square feet, or a total of 7 parking spaces. As for whether the subject request represents the minimum :variance necessary to make possible the reasonab e use c;f the land, it should be noted that the proposed uSe has a lower ~nin mum parking ratio (1 Per 500 square feet) than that reqUired fo~ retail uses. Applying this lower parking ratio to building "B", and the retail ratio to.,~building '%", a minimum of 17 spaces would be required for both buildings, or a variance of,,~"'~arking spaces. This scenario would reduce the v~r ance request b¢~, parking 'spaCes. HSweverl this would also limit the uses allowed in building "B~', or 'in a portion of building "A" that may not be consistent with the recommendations of the Federal Highway Corridor RedevelOpment Plan. In general, the Plan recommends that the corridor be limited to non-automobile or neighborhood oriented uses. CONCLUSIONS/RECOMMENDATIONS Staff recommends that this variance request for eight (8) parking spaces be denied, and alternative y, recommends that a variance for ~/spaceS be approved. T~his recommendation is based on the following: 1) By limiti ~g B to the proposed use-boat sales-and the ¢0rrespond~ng parking ratios per 500 square feet (ap,,pl?able to 1,320 square feet) and one space per 200 squa (applicable to building A - 2,746 square feet), the variance request is reduced down to the minimum necessary to support a reasonable use of the land (see conditions of approval Exhibit "D"; 2) Parking relief has been granted by the city in similar cases where site constraints preclude full code compliance; and 3) The lack of parking relief to the site will either result in the continued vacancy of the property and its blighted condition, or the ultimate use of the entire property by businesses that do not conform to the vision for the corridor. MDAJ S:\Planning\SHARED\WP\PROJECTS\McMilIan Personal Watercraft~NCV 01-022\STAFF REP-parking var.doc Location Map McMillan Personal Watercraft EXHIBIT "A" 800 0 800 EXHIBIT "B". EXHIBIT "0" Zon/ng Code Variance Application response to question 5. mo Fo This property is a redevelopment of existing buildings/structures. My actions are not a result of my proposed development, but are a result of the existing development of the parcel, i.e. building 'location within the parcel and building size. I acknowledge that the granting of the variances requested is a resuk of undo hardships imposed by the redevelopment of the subject property. The literal interpretation of the provisions of this chapter would subject undo hardship on the applicant to utilize the existing structures in like zoning of commercial retail uses by way of parking requirements and associated green area requirements. The redevelopment of. this property/site plan was derived in conjunction with minimizing variance requests through working with the City of Boynton Beach Planning and Zoning Department. Granting of these variances w/il provide for redevelopment of a currently .unoccupied property with services to benefit the general public while aiding in the initiative of a corridor redevelopment/enhancement. 5 2001 DEVELC IENT ORDER OF THE CITY COk' '~SSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: McMillan Personal Watercraft APPLICANT'S AGENT: Kent McMillan APPLICANT'S ADDRESS: 1301 SW 27th Avenue, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 12, 2002 TYPE OF RELIEF SOUGHT: Variance request for relief from zoning code requirement for number of parking spaces. LOCATION OF PROPERTY: 1105 & 1109 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR __X__ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\McMillan Personal WatercrafttZNCV~Develop.Order Form-2002-Revised.doc EXHIBIT "D" Conditions of Approval Project name: McMillan Personal Watercraft File number: ZNCV 01-022 Reference: DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS- General Comments: None ' PUBLIC WORKS- Traffic Comments: None UTILIT~S Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING .AND ZONn2NTG Comments: j 1. Relief limited to a three (~Pfparking spaces variance to be achieved throughout the project wSth"' appropriate uses/parking ratios that conform Conditions of Approval 2 DEPARTMENTS ENCLUDE REJECT to approved variance. I I ADDITIONAL PLAxNNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS ' Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTS\McMilIan Personal Watercraft'Z. NCWCondition of Approval 2 page revised 2002 brm.doc VIII. klew Business VIII. A. TO: From: Date: RE: The CRA Board Members QUintus Greene, Development Director February 5, 2002 EXecutive Director Selection Beginning with the first week of the year, the position of Executive Director of the CRA has been advertised in both the Palm Beach Post and the Sun Sentinel as well as on the internet at Government Jobs.com. As a result, Board members have, as of this date, received approximately 50 applications for the position. In an effort to move the selection process forward, and fill the position as soon as possible, Board members are requested to come to the February 12, 2002 CRA Board meeting with a set of standard interview questions and a list of not more than five(5) candidates, ranked in order, from the applications received. It is hoped that as a result of discussion among the Board members it will be possible to narrow the field of prospective interviewees and reach a consensus on a the top five(5) or six(6) candidates from which the Executive Director would be selected. This will allow staff to advise the Human Resources Department to close the application period and to begin scheduling appointments with the Board's Interview Committee. Invoice Villi. B. QUINCY January 16, 2002 Project No: 06557.00 Invoice No: 2009230 City of Boynton Beach Quintus Green PO Box 310 Boynton Beach 33425-0310 Project: 06557.00 Riverwalk Rendering per L. Finktestein Professional services fro m January 1, 2002 to February 2, 2002 Fee Total Fee 1,500.0'0 Percent Corn plete 100.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expense Printing 11/28/01 American Express 12/1/01 24 x 36 Bond Total Reimbursables Office Max 11/3 Orig: 2 Copies: 4 1.15 times 1,500.00 0.00 1,500.00 1,500.00 19.77 8.00 27.77 31.94 Outstanding Invoices Number Date 2009075 12/7/01 Total Balance 1,531.94 1,531.94 Total this invoice 1,531.94 Please remit all payments to Boca Eaton. 949 Clinl Moore Road · Boca Eaton, Florida 33487 · 561-997-9997 · Fax 561-997-1610', e-mail info@quincyjohnson.com 301 N. Ferncreek Avenue, Suite (; · Orlando, Florida 3:2803 · 407-843-9997 · Fax 407-843-2:2:28 · e-mail freds@quinc¥~ohnson.com #AA (;00:2193 · www. quincyjohnson.com · #1B-0001142 1!/28/2eDt 13:23 4C78432228 ~JAA ORLANDO PAGE D5 40050~05313~ Zoo&er Copy [TENS gU~TOr~. 23.7~ 23.75 FL Tax 6.000~ TOTAL ~?B344gO12340~7 ~X ~,1~ 7344-0575 I ~' ~O ?~Y ~OU[ TOTAL ~OUNI' ........................ ORLANO0 <OLONI&L 0 Iyoe: t ~: 37~344901234027 O~te: 0~/04 n Co(te: j~ SP£~OER $ Letter of Transmittal [] CORPORATE OFFICE: 949 Clint Moore Road Boca Raton. FL 33487 Phone 561-997-9997 Fax 561-997-!610 e-mail i n fo~.&~umc¥'io h nson.co m web http://www.quincvlonnson.com [] ORLANDO OFFICE: 301 North Ferncreek Avenue Orlando. FL 32803 Phone 407-843-9997 Fax 407-843-2228 e-mail fred~quincviohnson.com web http://www.c, umcyiohnson.com ,10 INCY NSON / RC H ITECTS To: ILarry Finkelstein Phone: DATE: ~1 1301 ~JOB NO.6557 JOB NAME: p3OYNTON RIVERWALK / RE: WE ARE SENDING YOU: [] Shop Drawings [] Attached [] Under Separate Cover [] Prints [] Copy of Letter X Other: # OF TOTAL TOTAL # TYPE OF DWG CHARGEABLE DESCRIPTION DOC SETS PRINTS OF REPRODUCTION CREATION TO CLIENT TYPE PER SET PRINTS (SIZE/TYPE.V/B/C) DATE (YES/NO) 1 y 24x36 color ten&rings - perspective and site plan 2 2 4 Color copies y Renderings DELIVERY PAYMENT: [] Reimbursable [] Non-Reimbursable [] Other: NA METHOD OF DELIVERY: [] Priority Overnight Mail [] U.S. Mail $ [] Standard Express Mail # X Pick Up [] Courier [] Other: Tt IESE ARE TRANSMITTED: I-- For Approval [] For Your Use X As Requested [] For Review and Comment [] FOR BIDS DUE [] Approved as Submitted [-I Approved as Noted [] Returned for Corrections 2001 [] Resubmit [] Submit [] Return [] Copies for Approval Copies for Distribution Corrected Prints [] PRINTS RETURNED AFTER LOAN TO US Remarks: ( Mpy 'Fo -T4etv,'ork I'athl: By: Bob Vaugnn 0t/17/2802 lg:~S ~13755315 5ALANCE FO~'I, IARD .. *' PAYMENT .~PAYMENT .REllAZN~NG NOT.. GYN PUBLZC; · 0104 NO. 0504 NO. 5~9.145~; REQUE,ST', X t X I ,X aim-~ch Newsp.' B B FINANCE Villi, O. 4,50 .8.75 4447., 62 114.05 114.03 126.?0 126.?0 2~1.72 221.72 20.00 7.50 12.00 4 1 1 'I t I 1 1 t t20. ~e t 20:36 2~8.74 278.74 t07.69 t07.69 IX. Other President Denis Russ, 3reater Miami Local Initiatives Support Corporation (LISC) Immediate Past President Paul Thorpe, Downtown Association of Sarasota President Elect Chris Brown, Christopher J. Brown and Associates VP for Governmental Affairs Marilyn Larson, Tallahassee DIA Interim Treasurer, Paul Rutledge, Trammell Crow At Large Members T. Nell Fritz, North Beach Development Corp. Gail Hamilton, Kissimmee CRA James Hitt, Apopka CRA Klm Jackson, Ft. Lauderdale CRA Russell Moore, The RMPK Group Jeff Oris, Margate CRA Michael Parker, Tallahassee CRA William Renner, EDSA Gary Rogers, Cocoa CRA Paul Rutledge, Trammell Crow Joyce Sellen, Orlando CRA Doris Tillman, Ft. Pierce Main Street General Counsel David Cardwell, 301 South Bronough Street, Suite 3000 Post Office Box I757 Tallahassee, Florida 32302-1757 (850) 222-9684 Suncom 2 78-533I Fax (850) 222-3806 Florida Red:vetop Association Dedicated to the preservation and revitalization of Fie IX. A. ~dals comm~nil.~es, j"' URGENT: CRA's Under Attack Dear Friend of Redevelopment: We need your help! A valuable tool we depend upon to redevelop our communities is under attack. Counties in Florida are banding together in an effort to take away cities' authority to create or expand community redevelopment districts. This could severely limit our ability to continue to redevelop deteriorated urban areas of our state. As we are all aware, for nearly two decades, Community Redevelopment Agencies (CRA's) have provided the much-needed funding our cities havE; used to restore economic vitality to many downtown business districts and neighborhoods across our state. CRA's and their projects have spurred a great deal of private sector participation in the redevelopment of our cities. This translates into increased revenues for city and county governments from sales taxes, new jobs and the untold number of new businesses (paying ad valorem taxes) that come to town because of the enhanced image. Any lessening of a city's authority to designate redevelopment districts could set back community revitalization efforts for years. With tough economic times on all fronts, now is not the time to cut revenues for local governments for CRAs, a unique funding tool used to improve the quality of life for their citizens. We need every city to contact YOUR State Legislators on this issue. Express opposition to any alteration to the way CRAs operate. There should be no changes to Chapter 163 Part III of the Florida Statutes that governs CRAs. HERE'S HOW YOU CAN HELP! · Use the sample letter and print it on your letterhead, addressed to your legislator, and send it NOW. Your legislator's email is: lastname.firstname~leg.state.fl, us. If you email, be sure to send a hard copy on letterhead to their district office. The addresses are available through online sunshine at www.flcities.com (legislative button). For further information, call the FRA office at 850-222-9684. · Have your lobbyist contact John Wayne Smith at the Florida League of Cities (800) 616-1513 X 136 for updates and coordination of lobbying efforts. YOUR ACTION NOW IS VITAL TO THE FUTURE OF REDEVELOPMENT IN THE STATE OF FLORIDA!!! Thanks for your help - FRA President Denis A. Russ, Greater Miami LISC SAMPLE LETTER TO LEGISLATORS RE: CRAS (PLEASE PERSONALIZE BEFORE SENDING!) (Insert legislators name and address here) Note: be sure to send this letter to your Representative and your Senator. Information on your legislator is enclosed on the attached listing of cities and the legislators that represent them. Dear Representative / Senator : Although bill numbers are not yet available, we have recently become aware of pending legislation that would significantly interfere with the way Community Redevelopment Agencies (CRAs) in the State of Florida operate. Please keep your eyes open for any bills that deal with "community redevelopment." Amazing changes take place in communities where CRAs operate. Revitalization does not happen magically. It is due to the hard work, leadership and 100% local funding of cities and counties trying to better the quality of life for their citizens. Hundreds of volunteers, citizen boards and elected officials have committed to turn around urban decay, without costing the state budget a dime. CRAs have proven themselves to be an exceptionally valuable and unique tool for redevelopment. They are one of the only local funding tools used to encourage and enable private sector leveraging in blighted and deteriorating urban areas. We are opposed to any effort that changes the way CRAs operate, and we continue to support Tax Increment Financing as a funding tool for local governments. Let us share with you the successes of your local CRA. We would be happy to furnish additional information and meet with you on these issues. Please let us know how we may be of assistance at any time. I may be reached at Sincerely, Mayor, Commissioner or person authorized to represent the City Note to sender: If you would like further information about the CRA issue in the 2002 leeislature~ visit www.flcities.com (legislative) or call 850-222-9684 session->Bill s->Bill%20Inf?:S%201578->Session%202002: Online Sunshine I×. ^. s Onli ne __ unshlne Bills Calendars Journals Select Year: 12°°2 Cemmiltees ~Legisletofs % iatemeliel i Storms & Lobbyist ~ Ceete~ lalombfio. Citator Search Appropriations Redistrictina Select Chamber: I Guide to the Format of This Page Jump To: Bill Text~) A_m_end_~e_.n_ts(0) $_taff AnaJysis 0[0} Vote Histo~[0~ Citations Senate 1578: Relatin~ to Community Redevelopment S1578 GENERAL BILL by Campbell Community ~develoDment; provides requlremenms for counties & municipalities re adopting resolution ~hat makes finding of slum or blighted area; provides additional powers of communiny redevelopmenu agency if delegated by governing body of counuy or municipality; revises requLrements for completing redevelopmenu financed by incremenu revenues; provides for exercise of powers by governing body of counuy in which communmuy redevelopmenu area is located, euc. Amends Ch. 163. EFFECTIVE DATE: 10~01/2002. 01/22 02 SENATE Filed Bill Text: (Top) Bill Name Date Posted S 1578 01/24/2002 Available Formats 2t Web Page 2~ PDF Committee Amendments and Filed Floor Amendments: (Top} S 1578: No Amendments Available Staff Analysis: (Top} No Staff Analysis Available Vote History: {Top} No Vote History Available Citations: {Top} STATUTE CITATIONS: (~) 0163.340 0163.355 0163.356 0163.358 0163.361 0163.362 .../index.cfm?Mode=Bills&SubMenu= 1 &Tab=session&BI_Mode=ViewBilllnfo&BillNum= 101/28/2002 Proposed Broward County Community Redevelopment Legislation Local Bill 2002 Regular Session Short Tire: "Community Redevelopment Agencies in Broward County" Purpose: Amend by special act several provisions of general law, Part HI, Chapter 163, Florida Statutes (2001), known as the Community Redevelopment Act of 1969 (the "Redevelopment Act"). Effect: Restrict the ability of municipalities in Broward County to create or expand community redevelopment areas and agencies. Application: Applies to Broward County government and to every municipality located in Broward County, including those that have received delegations of authority from the County to create and operate community redevelopment agencies. Summary: Changes definition of certain key terms used in the Redevelopment Act, including "slum area" and "blighted area." The definitions of these two terms are changed to make it very difficult for an area to qualify as a "slum area" or "blighted area." If a finding of the existence of a "slum area" or "blighted area" is successfully challenged by any "affected party," then the community redevelopment plan and any actions taken pursuant to that plan are null and void ab initio. An annual report shall be filed with the County which contains detailed information on progress in redevelopment, including time frames and benchmarks. Approval by the Board of County Commissioners is required for the following: (i) changes in the boundary of a community redevelopment area; (ii) extension of the term of the redevelopment plan that involves a continuing payment of tax increment by a taxing authority beyond the date of the initial plan approval; and (iii) changes to the plan of "such magnitude" as to require a county or municipal land use plan amendment. Redevelopment must be completed within a time certain set forth in the redevelopment plan, but not to exceed 30 years after the fiscal year in which the plan is initially adopted. · A municipality may create a community redevelopment agency and carry out a redevelopment program pursuant to the Redevelopment Act without County approval if neither the municipality nor the CRA being created will require the County to make annual tax increment payments to that municipality or CRA. Requires the County and a municipality to enter into an agreement setting the conditions for County approval of the creation or expansion of a CRA and County payment of tax increment. If a municipality desires to create a community redevelopment agency and have the County make annual tax increment payments, then the municipality shall notify the chief executive officer of the County prior to conducting a study of the conditions in the proposed community redevelopment area. In addition to the authority the County has under Section 163.410. Florida Statutes (2001) pertaining to delegation of authority to a municipality, the County may as a condition of any such delegation also do the following: (i) reserve in the County the approval of the issuance of any revenue bonds pursuant to Section 163.385, Florida Statutes; (ii) require the creation of an advisory committee composed of residents and business owners in the redevelopment area; (iii) require the CRA engage in joint planning activities where its area is adjacent to another community redevelopment area; and (iv) establish conditions and limitations on the participation by the County in the community redevelopment agency and the payment of tax increment, including establishing a percentage of the total tax increment to be paid by the County, limit the total number of years the County will make tax increment payments, restrict the use of tax increment funds, and provide a means for retaining all or part of the County's share of the aggregate tax increment payments. The following entities are exempted from the requirement to make annual tax increment payments: (i) Broward County, unless the County elects to make such payments; (ii) North Broward Hospital District; and (iii) Children's Services Council of Broward County. In the event of a conflict between this special act and the Redevelopment Act, then the special act controls. The special act would take effect upon becoming law, but any change to the boundaries of a community redevelopment area after October 1, 2001 shall require approval by the County before being effective. DEC 10/24/01 2 House and Senate Districts by City CITY SENATE HOUSE Alachua County Alachua Archer Gainesville Hawthorne High Springs La Crosse Micanopy Newberry Waldo 5-Srrdth, R. 4-Mitchell 2-Holzendorf 5-Smith, R. 2-Holzendorf 5-Smith, R. 4-Mitchell 5-Smith, R. 5-Srrdth, R. 2-Holzendorf 4-Mitchell 5-Srrdth, R. 10-Kendrick 22-McGriff 22-McGriff 22-McGriff 23-Jennings 23-Jennings 10-Kendrick 22-McGriff 22-McGriff 23-Jennings 10-Kendrick 22-McGriff 22-McGriff Baker County Glen St. Mary Macclenny 4-Mitchell 4-Mitchell 12-Bean 12-Bean Bay County Callaway Cedar Grove Lynn Haven Mexico Beach Panama City Panama City Beach Parker Springfield 3-Lawson 7-Clary 1-Peaden 7-Clary 1-Peaden 3-Lawson 7-Clary 7-Clary 1-Peaden 7-Clary 7-Clary 7-Clary 1 -Peaden 7-Clary 6-Bense 6-Bense 6-Bense 7-Kilmer 7-Kilmer 6-Bense 6-Bense 6-Bense 6-Bense Bradford County Brooker Hampton Lawtey Starke 5-Smith, R. 5-Smith, R. 4oMitchell 4-Mitchell 5-Smith, R. 12-Bean 12-Bean 12-Bean 12-Bean Brevard County Cape Canaveral Cocoa Cocoa Beach Indialantic Indian Harbour Beach Malabar Melbourne Melbourne Beach Melbourne Village Palm Bay Palm Shores Rockledge Satellite Beach Titusville W. Melbourne 18-Futch 15-Posey 18-Futch 18-Futch 18-Futch 18-Futch 15-Posey 15-Posey 18-Futch 18-Futch 15-PoSey 15-Posey 15-Posey 15-Posey 18-Futch 18-Futch 18-Futch 15-Posey 18-Futch 30-Haridopolos 32-Allen 29-Ball 32-Allen 30-Haridopolos 30-Haridopolos 30-Haridopolos 31-Needelman 30-Haridopolos 31-Needelman 32-Allen 30-Haridopolos 31-Needelman 30-Haridopolos 31-Needelman 32-Allen 30-Haridopolos 29-Ball 30-Haridopolos 32-Allen 30-Haridopolos 29-Ball 31 -Needelman 32-Allen Broward County Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Ft. Lauderdale 33-Campbell 32-Wasserman-Schultz 33-Campbell 29-Geller 29-Geller 32-Wasserman-Schultz 28-Klein 30-Dawson 31-Sanderson 33-Campbell 29-Geller 30-Dawson 31-Sanderson 33-Campbell 90-Weissman 95-Greenstein 97-Rich 99-Ryan 90-Weissman 95-Greenstein 96-Ritter 99-Ryan 92-Seiler 97-Rich 98-Wishner 99-Ryan 90-Weissman 91 -Mack 90-Weissman 91-Mack 92-Seller 93-Smith, C. Hallandale Hillsboro Beach Hollywood Lauderdale-by-the-Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar N. Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac 29-Geller 31-Sanderson 29-Geller 32-Wasserman-Schultz 31-Sanderson 30-Dawson 33-Campbell 30-Dawson 31-Sanderson 33-Campbell 31-Sanders0n 31-Sanderson 33-Campbell 32-Wasserman-Schultz 33-Campbell 30-Dawson 31-Sanderson 33-Campbell 33-Campbell 29-Geller 32-Wasserman-Schultz 29-Geller 30-Dawson 31-Sanderson 30-Dawson 31-Sanderson 33-Campbell 31-Sanderson 32- Wasserman-Schultz 29-Geller 30-Dawson 31-Sanderson 32-Wasserman-Schultz 33-Campbell 33-Campbell 94-Meadows 95-Greenstem 99-Ryan 100-Sobel 101-Gottlieb 91 -Mack 99-Ryan 100-Sobel 101-Gottlieb 91-Mack 94-Meadows 95-Greenstein 94-Meadows 95-Greenstein 97-Rich 92-Seiler 91-Mack 95-Greenstein 97-Rich 101-Gottlieb 95-Greenstein 96-Ritter 92-Seiler 93-Smith, C. 94-Meadows 90-Weissman 96-Ritter 101-Gottlieb 97-Rich 99-Ryan 101-Gottlieb 94-Meadows 98-Wishner 90-Weissman 91 -Mack 93-Srrdth, C. 91-Mack 97-Rich 94-Meadows 97-Rich 98-Wishner 93-Smith, C. 94-Meadows 95-Greenstein Weston Wilton Manors Calhoun County Altha Blountstown Charlotte County Punta Gorda Citrus County Crystal River Inverness Clay County Green Cove Springs Keystone Heights Orange Park Penney Farms Collier County Everglades City Marco Island Naples Columbia County Ft. White Lake City DeSoto County Arcadia Dixie County Cross City Horseshoe Beach Duval County Atlantic Beach Baldwin Jacksonville 32-Wasserman-Schultz 31-Sanderson 3-Lawson 3-Lawson 24-Carlton 35-Rossin 4-Mitchell ll-Cowin 2-Holzendorf 5-Smith, R. 5-Smith, R. 6-Wise 5-Smith, R. 29-Geller 25-Saunders 25-Saunders 5-Smith, R. 4-Mitchell 5-Srnith, R. 26-McKay 4-Mitchell 4-MitcheI1 8-King 6-Wise 2-Holzendorf 6-Wise 96-Ritter 97-Rich 97-Rich 92-Seiler 93-Smith, C. 7-Kilmer 7-Kilmer 72-Harrington 43-Argenziano 43-Argenziano 20-Wiles 21-Pickens 21 -Pickens 19-Kravitz 21 -Pickens 102-Arza 76-Goodlette 76-Goodlette ll-Stansel ll-Stansel 72-Harrington 10-Kendrick 10-Kendrick 18-Davis 12-Bean 12-Bean 13-Hogan Jacksonville Beach Neptune Beach Escambia County Century Pensacola Flagler County Beverly Beach Burmell Flagler Beach Marineland Palm Coast Franklin County Apalachicola Carrabelle Gadsden County Chattahoochee Gretna Greensboro Havana Midway Quincy Gilchrist County Bell Fanning Springs Trenton Glades County Moore Haven Gulf County Port St. Joe Wewahitchka 8-King 8-King 8-King 1-Peaden 1-Peaden 7-Clary 8-King 8-King 8-King 8-King 8-King 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 4-Mitchell 4-Mitchell 4-Mitchell 35-Rossin 3-Lawson 3-Lawson 14-Fields 15-Lee, D. 16-Mahon 17-Jordan 18-Davis 19-Kravitz 18-Davis 18-Davis 1-Evers 1-Evers 2-Maygarden 3-Benson 20-Wiles 26-Cusack 20-Wiles 20-Wiles 20-Wiles 26-Cusack 10-Kendrick 10-Kendrick 8-Richardson 8-Richardson 8-Richardson 8-Richardson 8-Richardson 8-Richardson ll-Stansel 10-Kendrick 10-Kendrick ll-Stansel 77-Spratt 7-Kilmer 7-Kilmer Hamilton County Jasper Jennings White Springs Hardee County Bowling Green Wauchula Zolfo Springs Hendry County Clewiston LaBelle Hernando County Brooksville Weeki-Wachee Highlands County Avon Park Lake Placid Sebring Hillsborough County Plant City Tampa Temple Terrace Holmes County Bonifay Esto Noma Ponce De Leon Westville Indian River County Fellsmere 4-Mitchell 4-Mitchell 4-Mitchel! 26-McKav 26-McKa~ 26-McKay 29-Geller 29-Geller 10-Brown-Waite 10-Brown-Waite 17-Laurent 26-McKay 17-Laurent 26-McKay 23-Lee, T. 13-Crist 20-Sebesta 21-Miller 23-Lee, T. 21-Miller 23-Lee, T. 1 -Peaden 1-Peaden 1-Peaden 1-Peaden 1-Peaden 15-Posey ll-Stansel ll-Stansel ll-Stansel 72-Harrington 72-Harrington 72-Harrington 77-Spratt 77-Spratt 44-Russell 44-Russell 77-Spratt 78-Machek 77-Spratt 77-Spratt 61-Litflefield 62-Byrd 47-Wallace 56-Murman 57-Hart 58-Henriquez 59-Joyner 60-Romeo 61-Littlefield 60-Romeo 5-Brown 5-Brown 5-Brown 5-Brown 5-Brown 32-Allen Indian River Shores Orchid Sebastian Veto Beach Jackson County Alford Bascom Campbellton Cottondale Graceville Grand Ridge Greenwood Jacob Malone Mariarma Sneads Jefferson County Monticello Lafayette County Mayo Lake County Astatula Clermont Eustis Fruitland Park Groveland Howey-In-The-Hills Lady Lake Leesburg Mascotte Minneola Montverde Mount Dora Tavares Umatilla Lee County Bonita Springs Cape Coral Fort Myers 27-Pruitt 27-Pmitt 15-Posey 15-Posey 27-Pruitt 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 3-Lawson 4-Mitchell 4-Mitchell ll-Cowm ll-Cowin ll-Cowin ll-Cowin ll-Cowin ll-Cowin ll-Cowin ll-Cowm ll-Cowm ll-Cowin ll-Cowin ll-Cowin ll-Cowin ll-Cowm 25-Saunders 24-Carlton 25-Saunders 35-Rossin 80-Mayfield 80-Mayfield 80-Mayfield 80-Mayfield 7-Kflmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 7-Kilmer 10-Kendrick ll-Stansel 25-Baker 41-Johnson 25-Baker 42-Gibson 41-Johnson 41 -Johnson 42-Gibson 42-Gibson 44-Russell 41-Johnson 41 -Johnson 25-Baker 42-Gibson 25-Baker 75-Green 74-Kottkamp 75-Green 73-Kyle Fort Myers Beach Sanibel Leon County Tallahassee Levy County Bronson Cedar Key Chiefland Fanning Springs Inglis Otter Creek Williston Yankeetown Liberty County Bristol Madison County Greenville Lee Madison Manatee County Anna Maria Bradenton Bradenton Beach Holmes Beach Longboat Key Palmetto Marion County Belleview Dunnellon Mcintosh Ocala Reddick 25-Saunders 25-Saunders 3-Lawson 4-Mitchell 5-Smith, R. 4-Mitchell 5-Smith, R. 5-Smith, R. 4-Mitchell 4-Mitchell 5-Smith, R. 4-Mitchell 3-Lawson 3-Lawson 4-Mitchell 3-Lawson 26-McKay 21 -Miller 26-McKay 26-McKay 26-McKay 26-McKay 21 -Miller 26-McKay ll-Cowin 4-Mitchell 5-Smith, R. ll-Cowin 5-Srnith, R. 74-Kottkamp 75-Green 74-Kottkamp 7-Kilmer 8-Richardson 9-Ausley 10-Kendrick 10-Kendrick 10-Kendrick 10-Kendrick 10-Kendrick 10-Kendrick 10-Kendrick 10-Kendrick 10-Kendrick ll-Stansel ll-Stansel ll-Stansel 68-Flanagan 55-Peterman 67-Bennett 68-Flanagan 68-Flanagan 68-Flanagan 67-Bennett 55-Peterman 68-Flanagan 24-Baxley 42-Gibson 43-Argenziano 23-Jennings 24-Baxley 23-Jennings Martin County Jupiter Island Ocean Breeze Park Sewall's Point Stuart Miarni-Dade County Aventura Bal Harbour Bay Harbor Islands Biscayne Park Coral Gables E1 Portal Florida City Golden Beach Hialeah Hialeah Gardens Homestead Indian Creek Islandia Key Biscayne Medley Miami Miami Beach 27-Pruitt 27-Pruitt 27-Pruitt 27-Pruitt 38-Silver 38-Silver 38-Silver 36-Meek 38-Silver 34-Diaz de la Portilla, A. 38-Silver 40-Jones 36-Meek 40-Jones 38-Silver 36-Meek 39-Garcia, Rudy 39-Garcia, Rudy 40-Jones 38-Silver 40-Jones 38-Silver 39-Garcia, Rudy 34-Diaz de la Portflla, A. 36-Meek 38-Silver 39-Garcia, Rudy 40-Jones 38-Silver 82-Negron 81-Harrell 81-Harrell 82-Negron 105-Heyman 106-Gelber 106-Gelber 106-Gelber 108-Brutus 107-Barreiro lll-Rubio ll3-Priequez ll5-Diaz de la Portflla, R. ll7-Lacasa ll9-Lemer 108-Brutus 120-Sorensen 106-Gelber 102-Arza 109-Bendross-Mindingall ll0-Garcia, Rene lll-Rubio 102-Arza ll2-Diaz-Balart ll8-Bullard ll9-Lemer 120-Sorensen 106-Gelber 120-Sorensen 107-Barreko 102-Arza ll2-Diaz-Balart 106-Gelber 107-Barreiro 108-Brutus 109-Bendross-Mindingall lll-Rubio ll3-Priequez ll5-Diaz de la Portflla, R. ll7-Lacasa 106-Gelber 107-Barreiro Miami Lakes Miami Shores Miami Springs North Bay Village North Miami North Miami Beach Opa-Locka Pinecrest South Miami Sunny Isles Beach Surf side Sweetwater Virginia Gardens West Miami Monroe County Islamorada Key Colony Key West Layton Marathon 32-Wasserman-Schultz 39-Garcia, Rudy 36-Meek 39-Garcia, Rudy. 38-Silver 36-Meek 38-Silver 38-Silver 36-Meek 34-Diaz de la Portilla, A. 40-Jones 34-Diaz de la Portilla, A. 40-Jones 38-Silver 38-Silver 39-Garcia, Rudy 39-Garcia, Rudy 34-Diaz de la Portilla, A. 40-Jones 40-Jones 40-Jones 40-Jones 40-Jones 103-Holloway ll0-Garcia, Rene 104-Wilson 108-Brutus 111-Rubio 106-Gelber 104-Wilson 105-Heyman 108-Brutus 104-Wilson 105-Heyman 103-HoLloway 104-Wilson 109-Bendross-Mindingall 110-Garcia, Rene ll5-Diaz de la Portilla, R. ll9-Lemer ll7-Lacasa 106-Gelber 106-Gelber ll4-Cantens ll5-Diaz de la Portilla, R. lll-Rubio ll7-Lacasa 120-sorensen 120-Sorensen 120-Sorensen 120-Sorensen 120-Sorensen Nassau County Callahan Femandina Beach Hilliard Okaloosa County Cinco Bayou Crestview Destin Ft. Walton Beach 4-Mitchell 4-Mitchell 4-Mitchell 7-Clary 1-Peaden 7-Clary 7-Clary 12-Bean 12-Bean 12-Bean 4-Melvin 1-Evers 5-Brown 4-Melvin 4-Melvin 10 Laurel Hill Mary Esther Niceville Shalimar Valparaiso Okeechobee County Okeechobee Orange County Apopka Bay Lake Belle Isle Eatonville Edgewood Lake Buena Vista Maitland Oakland Ocoee Orlando Windermere Winter Garden Winter Park Osceola County 1-Peaden 7-Clary 1-Peaden 7-Clary 7-Clary 7-Clary 17-Laurent 35-Rossm 12-Webster 14-Dyer 12-Webster 12-Webster 14-Dyer 14-Dyer 12-Webster 14-Dyer 12-Webster 9-Constantine 14-Dyer 12-Webster 14-Dyer 12-Webster 14-Dyer 9-Constantine 12-Webster 14-Dyer 12-Webster 12-Webster 14-Dyer 9-Constantine 14-Dyer 11 5-Brown 5-Brown 4-Melvin 4-Melvin 4-Melvin 4-Melvin 78-Machek 79-Attkisson 37-Simmons 38-Brummer 41-Johnson 32-Allen 40-Gardiner 38-Brummer 40-Gardiner 40-Gardiner 34-Mealor 36-Trovillion 38-Brummer 38-Brummer 41-Johnson 38-Brummer 41-Johnson 32-Allen 33-Feeney 35-Kall~nger 36-Trovillion 38-Brummer 39-Siplin 40-Gardiner 41-Johnson 41-Johnson 38-Brummer 41-Johnson 34-Mealor 35-Kallinger 36-Trovillion 38-Brummer 40-Gardiner Kissimmee St. Cloud Palm Beach County Atlantis Belie Glade Boca Raton Boynton Beach Briny Breezes Cloud Lake Delray Beach Glen Ridge Golf Golf view Greenacres Gulf Stream Haverhill Highland Beach Hypoluxo Juno Beach Jupiter Jupiter Inlet Col. Lake Clarke Shores Lake Park Lake Worth Lantana Manalapan Mangonia Park North Palm Beach 18-Futch 18-Futch 28-Klein 29-Geller 35-Rossin 28-Klein 30-Dawson 31-Sanderson 28-Klein 30-Dawson 31-sanderson 31-Sanderson 35-Rossin 28-Klein 30-Dawson 31-Sanderson 35-Rossin 28-Klein 35-Rossin 28-Klein 35-Rossin 31-Sanderson 35-Rossin 31-Sanderson 30-Dawson 31 -Sanderson 27-Pruitt 27-Pruitt 27-Pruitt 30-Dawson 27-Pruitt 30-Dawson 27-Pruitt 28-Klein 30-Dawson 30-Dawson 31-Sanderson 31-Sanderson 30-Dawson 27-Pruitt 30-Dawson 41-Johnson 79-Attkisson 79-Attkisson 87-Andrews 84-Harper 87-Andrews 89-Slosberg 91 -Mack 83-Atwater 86-Bucher 87-Andrews 88-Gannon 83-Atwater 86-Bucher 87-Andrews 88-Gannon 89-Slosherg 86-Bucher 87oAndrews 86-Bucher 85-Frankel 88-Gannon 87-Andrews 85-Frankel 87-Andrews 83-Atwater 82-Negron 82-Negron 83-Atwater 82-Negron 86-Bucher 84-Harper 83-Atwater 86-Bucher 87-Andrews 83-Atwater 86-Bucher 83-Atwater 84-Harper 82-Negron 83-Atwater 84-Harper 12 Ocean Ridge Pahokee Palm Beach Palm Beach Gardens Palm Beach Shores Palm Springs Riviera Beach Royal Palm Beach South Bay South Palm Beach Tequesta Wellington West Palm Beach Pasco County Dade City New Port Richey Port Richey San Antonio St. Leo Zephyrhills Pinellas County Belleair Belleair Beach Belleair Bluffs Belleair Shore Clearwater 31-Sanderson 35-Rossin 27-Pruitt 27-Pruitt 30-Dawson 35-Rossin 27-Pruitt 28-Klein 35-Rossin 27-Pruitt 30-Dawson 35-Rossin 35-Rossin 29-Geller 31-Sanderson 27-Pruitt 28-Klein 29-Geller 35-Rossin 27-Pruitt 30-Dawson 35-Rossin 10-Brown-Waite 13-Crist 19-Latvala 13-Crist 19-Latvala 10-Brown-Waite 10-Brown-Waite 10-Brown-Waite 22-Sullivan 22-Sullivan 22-Sullivan 22-Sullivan 19-Latvala 22-Sullivan 13 83-Atwater 84-Harper 83-Atwater 82-Negron 83-Atwater 84-Harper 83-Atwater 85-Frankel 87-Andrews 88-Gannon 83-Atwater 84-Harper 85-Frankel 88-Gannon 84-Harper 83-Atwater 82-Negron 78-Machek 88-Gannon 84-Harper 85-Frankel 86-Bucher 45-Fasano 61-Littlefield 45-Fasano 46-Fiorentino 45-Fasano 46-Fiorentino 61-Littlefield 61 -Littlefield 61 -Littlefield 49-Crow 51-Waters 54-Carassas 54-Carassas 54-Carassas 48-Bilirakis 49-Crow 50-Berfield 51-Waters 54-Carassas Dunedin Gulfport Indian Rocks Beach Indian Shores Kenneth City Largo Madeira Beach N. Redington Beach Oldsmar Pinellas Park Redington Beach Redington Shores Safety Harbor Seminole South Pasadena St. Pete Beach St. Petersburg Treasure Island Tarpon Springs Polk County Aubumdale 19-Latvala 21-Miller 22-Sullivan 22-Sullivan 22-Sullivan 20-Sebesta 19-Latvala 20-Sebesta 22-Sullivan 22-Sullivan 22-Sullivan 19-Latvala 20-Sebesta 22-Sullivan 22-Sullivan 22-Sullivan 19-Latvala 22-Sullivan 20-Sebesta 22-Sullivan 22-Sullivan 22-Sullivan 20-Sebesta 21 -Miller 22-Sullivan 22-Sullivan 19-Latvala 10-Brown-Waite 17-Laurent 48-Bilirakis 49-Crow 50-Berfield 53-Justice 54-Carassas 55-Peterman 54-Carassas 54-Carassas 51-Waters 52-Farkas 49-Crow 50-Berfield 51-Waters 53-Justice 54-Carassas 53-Justice 54-Carassas 54-Carassas 48-Bilirakis 49-Crow 51-Waters 52-Farkas 54-Carassas 54-Carassas 48-Bi~akis 51 -Waters 53-Justice 54-Carassas 53-Justice 54-Carassas 54-Carassas 50-Berfield 51-Waters 52-Farkas 53-Justice 54-Carassas 55-Peterman 54-Carassas 47-Wallace 48-Bilirakis 49-Crow 64-Dockery 65-Bowen 14 Barrow Davenport Dundee Eagle Lake Fort Meade Frost-proof Haines City Lakeland Lake Alfred Lake Hamilton Lake Wales Mulberry Polk City Winter Haven Putnam County Crescent City Interlachen Palatka Pomona Park Welaka !7-Laurent I7-Laurent 17-Laurent 17-Laurent 17-Laurent 17-Laurent 10-Brown-Waite 17-Laurent 10-Brown-Waite 17-Laurent 23-Lee, T. 10-Brown-Waite 17-Laurent 17-Laurent 17-Laurent 17-Laurent 23-Lee, T. 10-Brown-Waite 10-Brown-Waite 17-Laurent 5-Smith, R. 5-Smith, R. 2-Holzendorf 5-Smith, R. 5-Smith, R. 5-Smith, R. 63-Ross 66-Alexander 64-DOckery 65-Bowen 65-Bowen 65-Bowen 63-Ross 66-Alexander 65-Bowen 63-Ross 64-Dockery 65-Bowen 65-Bowen 65-Bowen 63-Ross 64-Dockery 63-Ross 65-Bowen 66-Alexander 21-Pickens 21-Pickens 21 -Pickens 21 -Pickens 21-Pickens St. Johns County Hastings St. Augustine St. Augustine Beach St. Lucie County Fort Pierce Port St. Lucie St. Lucie Village 2-HolzendOrf 2-Holzendorf 8-King 8-King 15-Posey 27-Pruitt 15-Posey 27-Pruitt 15-Posey 27-Pruitt 20-Wiles 20-Wiles 20-Wiles 78-Machek 80-Mayfield 81-Harrell 78-Machek 80-Mayfield 81-Harrell 78-Machek 80-Mayfield 15 Santa Rosa County Gulf Breeze Jay Milton Sarasota County Longboat Key North Port Sarasota Venice Seminole County Altamonte Springs Casselberry Lake Mary Longwood Oviedo Sanford Winter Springs Sumter County Bushnell Center Hill Coleman Webster Wildwood Suwannee County Branford Live Oak Taylor County Perry 7-Clary 1-Peaden 1-1Veaden 26-McKay 24-Carlton 24-Carlton 26-McKay 24-Carlton 9-Constantine 12-Webster 14-Dyer 9-Constantine 14-Dyer 9-Constantine ll-Cowin 12-Webster 14-Dyer 9-Constantine 12-Webster 14-Dyer 9-Constantine 12-Webster 9-Constantine ll-Cowin 14-Dyer 9-Constantine 12-Webster 10-Brown-Waite 10-Brown-Waite 10-Brown-Waite 10-Brown-Waite 10-Brown-Waite 81-Harrell 4-Melvin 1-Evers 1 -Evers 69-Clarke 71 -Paul 69-Clarke 70-Detert 70-Detert 34-Mealor 37-Simmons 34-Mealor 35-Kallinger 34-Mealor 37-Simmons 34-Mealor 37-Simmons 33-Feeney 34-Mealor 25-Baker 33-Feeney 34-Mealor 33-Feeney 34-Mealor 42-Gibson 42-Gibson 42-Gibson 42-Gibson 42-Gibson 5-Smith, R. ll-Stansel 4-Mitchell ll-Stansel 4-Mitchell 10-Kendrick 16 Union County Lake Butler Raiford Worthington Springs Volusia County Daytona Beach Daytona Beach Shores DeBary DeLand Deltona Edgewater Holly HR1 Lake Helen New Smyrna Beach Oak Hill Orange City Ormond Beach Pierson Ponce Inlet Port Orange South Daytona Wakulla County St. Marks Sopchoppy Walton County DeFuniak Springs Freeport Paxton Washington County Caryville Chipley Ebro 4-Mitchell 4-Mitchell 5-Smith, R. 8-King 16-Burt 16-Burr 12-Webster 16-Burr 16-Burr 12-Webster 16-Burt 16-Burt 16-Burt 16-Burt 16-Burt 16-Butt 16-Butt S-King 16-Burr S-King 16-Butt 16-Butt 16-Butt 3-Lawson 3-Lawson 1 -Peaden 1-Peaden 1 -Peaden 1-Peaden 1-Peaden 1-Peaden 12-Bean 12-Bean 12-Bean 26-Cusack 27-Lyrm 28-Kosmas 27-Lyrm 25-Baker 26-Cusack 25-Baker 26-Cusack 28-Kosmas 33-Feeney 28-Kosmas 27-Lynn 26-Cusack 28-Kosmas 28-Kosmas 25-Baker 26-Cusack 20-Wiles 26-Cusack 27-Lynn 26-Cusack 27-Lyrm 28-Kosmas 27-Lynn 28-Kosmas 10-Kendrick 10-Kendrick 5-Brown 5-Brown 5-Brown 5-Brown 5-Brown 5-Brown 17 Vernon 1-Peaden 5-Brown Wausau 1-Peaden 5-Brown 18 GROUND RULES: Lauderdale bets on tax break for redevelopment February i~L, 2002 Multifamily housing developer JPI and the city of Fort Lauderdale are making an Olympian dive into South Florida's redevelopment pool. Using an incentive rare to most of the tricounty area, the city's Community Redevelopment Agency is planning to give the Texas-based developer a $250,000 annual tax break for 14 years, regardless of who owns the 2.4 acres JPI is about to buy in the city's seedy Flagler Heights area. It was that or no deal, said JPI vice president Robert Hall at the company's regional office in Boca Raton. The 240-unit Jefferson Place project is too costly otherwise, and the numbers won't work for investors, he said. There's the splash. Developers' projections, or pro forma, are the very heart of this incentive and a marked twist on redevelopment tradition. Why? Because tax-increment financing, the hallmark tool of CRAs for reinvesting in their downtrodden geographic areas, typically is used to first improve things like streets and sewers to attract private developers. And that's why no one's quite sure yet if this splash will be judged a swan dive or belly flop. As CRA consultant Andrew Dolkart of Miami Economic Associates puts it, "1 can see there's a doWnside, that you limit money to the infrastructure by giving it to a project. But what will spark more projects? More trees and traffic improvements, or someone coming in and making a big statement?" What's more, a tax incentive like this can fuel similar efforts. Though it's new to Broward and Miami-Dade counties because of their focus on infrastructure, the tax break has been used in West Palm Beach, Boca Raton and elsewhere, says David Cardwell, Fort Lauderdale's CRA consultant and the attorney for the Florida Redevelopment Association in Orlando. The redevelopment districts are public entities that raise money through bonds and property taxes. The tax amount collectable within a district is frozen in the year the district is created. After that, the agency can keep 95 percent of additional taxes generated by development and property value increases. Those funds, in turn, are reinvested in the district in what's known as tax-increment financing. But pending state legislation seeks to give counties greater control of the agencies -- and more proof that they actually accomplish what they cost. So it behooves CRAs to show results, and quickly. Fort Lauderdale, therefore, considers the tax break a tool to jump-start what will be the first large-scale development in its long-languishing CRA, said one insider who spoke on condition of anonymity. Already, developers are lining up in Fort Lauderdale for similar tax breaks: Lennar Corp. and Bank of America for deals in Sweeting Estates, and Broward Barron Inc., for its proposed 2 million-square-foot office park at Interstate 95 and Broward Boulevard. Ditto for the Avenue Lofts project on Andrews Avenue. Fort Lauderdale CRA Director Kim Jackson, who previously ran Hollywood's CRA, is well aware of the break from tradition. But CRAs, she said, also are created to finance deals, not just infrastructure. "We do both." The genesis for the city's incentive lies in an "accelerator" concept espoused by the former Council for Urban Economic Development in Washington, D.C., now the International Economic Development Council. "It wasn't an overnight decision," Jackson said. "We thought this through for about a year about how we would strategically approach redevelopment." The bottom line? The CRA created a policy that $5 million-plus projects showing a gap in their performance projections would qualify for the "acceleration" concept. That miffs urban planner Clare Vickery, who said her concern will be echoed by small developers throughout redevelopment districts. Vickery is developing six row houses on Northeast Fifth Avenue a few blocks from JPl's project and wants to do even more. "1 have homeowners coming in and buying $225,000 homes, and they generate a lot of taxes," she said. The site for her six homes once had two homes :on it, each generating about $1,000 annually in property taxes. The new homes will generate $3,000 to $4,000 each in their first year, Vickery said. Home buyers purchase, believing the street improvements will happen, she said. But if other developers aren't putting as much as they could into the CRA, it'll take longer to see results. "[Tax-increment financing] is a big term, but the bottom line is if you don't collect the full taxes required for a property, you are in effect exempting that property owner from making that full payment," she said. "In the case of JPI, their mechanism for doing the exemption is a check back." That, Vickery said, really should mandate a referendum so all property owners are aware of the implications. But Vickery's $900,000 project doesn't meet the CPA's $5 million test for incentives, Jackson said, adding that she has told Vickery numerous times that the city is committed to providing infrastructure throughout the CPA area. Maybe so, but smart CPAs entice developers in ways to protect the public asset, said Don Delaney, president of Strategic Development Initiatives Inc. in Delray Beach. The firm is developing a CPA for the hurricane-ravaged Naranja Lakes community in southern Miami-Dade County. "If it's abused, we all lose," he said. "And then the public is leery of the next deal." Lawyer Frank Schnidman, a former director of the Fort Lauderdale Downtown Development Authority who has consulted for six redeveloPment agencies in Broward, figures Fort Lauderdale's agency must know its infrastructure needs and must have a back-up plan to fix the drainage and sewer concerns in Flagler Heights. "Think about what the CPA would be able to do with a quarter-million dollars; they could probably bond $2 million or more for infrastructure," he said. "So what [Jackson] is saying is that the traditional approach of CPAs for infrastructure isn't working, so she is directly subsidizing private developers." The precedent, though, is what's most troubling to consultant Dolkart. "Almost any developer can show a gap in pro forma, "he said. "You just play With the numbers. I can make a pro forma gap." But he added that as projects generate more projects, those gaps will close. That's providing, of course, no one unexpectedly drains the pool. Arti¢te published in the Daily Business Review on 2-11-02. If you need a subscription, please call 1-800-777-7300 ext. 6681. The City of Boynton Beach Ci~ Clerk's Of~c~ i O0 E. Boynton Beach Boulevard P.O. Box310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 OFFICE OF THE MAYOR Januaw 16,2002 Mr. Don Fenton 2556 SW 23rd Cranbrook Drive Boynton Beach, FL 33436 Dear Mr. Fenton: We are pleased to advise that you were reappointed by the City Commission on Tuesday, January 15, 2002 to serve as a Regular member of the Community Redevelopment Agency with your term ending in January 2006. Attached is a list of current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity, and the Commission looks forward to assisting you in any way possible. Very truly yours, CITY OF BOYNTON BEACI"k. Mayor Attachment c: City Commission (5) City Representative Board Chairperson Board File Appointment File Deputy City Clerk j:~shrdata\cc\wp\boards\appments~reapo, oint~entJettier.d~ ., /,~¢. ,. ~ .. /~ ~ ~ · '~n -,qua/~pponumr!tl~typrmarwe ~xcv~on/~4a~ Employer" 7 Hembers Four 4-year Terms One 3-year Term One 2-year Term One l-year Term LAST NAME FTRST EXPI'RES ADDRESS PROFESS'rONAL NAM E ASSOCZATZON Aguila Jose 6/20/04 800 SW 1~t CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1~t AVE Delray Beach, FL 33444 4 yr. term (561) 737-8894 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - ate. B-102 Boynton Beach, FL 33426 2 yr. term (561) 732-6789 (561) 736-2400 Ext. 107 Fenton DOn 1/10/06 2556 SW 23RD CRANBROOK Edward Jones & Company DR 901 N Congress Avenue, Ste B- 4 yr. term BOYNTON BEACH 33436 101 Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 Boynton Beach, FL 33435 4 yr. term (561) 375-8807 (561) 736-9790 Chair Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 ¥l'~e Chair (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 3 yr. term (561) 736-8668 100 NW 1~ Avenue Delray Beach, FL 33444 (561) 243-7040 Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 01/16/2002 2:04 PM J:\SHRDATA\CC~WP\BOARDS\LISTS\CRA MEMBERS .dOC 7 Members Four 4-year Terms One 3-year Term One 2-year Term One Z-year Term LAST NAME FI'RST EXP'rRES ADDRESS PROFESS?ONAL NAME ASSOCTATI'ON Aguila 3ose 6/20/04 800 SW ::[st CT Robert G. Currie & Assoc., ]:nc. Boynton Beach 33426 134 NE Ist AVE Delray Beach, FL 33444 4 yr. term (561) 737-8894 (561) 276-4951 DelVlarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 ' Boynton Beach, FL 33426 2 yr. term (561) 732-6789 (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23RD CRANBROOK Edward 3ones & Company DR 901 N Congress Avenue, Ste B- BOYNTON BEACH 33436 101 1 yr, term Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 Boynton Beach, FL 3:3435 C 4 yr. term (561) 375-8807 (561) 736-9790 Chair Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue Boynton Beach, FL 3:3435 4 yr. term BOYNTON BEACH 33424 (561) 738-6613 V/C~ Cha/y (561) 731-4474 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 100 NW 1st Avenue 3 yr. term (561) 736-8668 Delray Beach, FL 33444 (561) 243~7040 millman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 01/08/2002 11:49 AM 3:\SHRDATA\CC\WP\BOARDS\LISTS\CRA MEMBERS .doc COMMUNITY REDEVELOPMENT AGENCY WORKSHOP Saturday, 3anuary 12, 2002 Conference Rm C Boynton Beach 9:00 A.M. II. III. IV. VI. VII. VIII. IX. X. Call to Order. Roll Call. Agenda Approval. Executive Director position: A. Selection of interviewing committee and discussion of interviewing procedure. Marina/Promenade/Riverwalk A. land acquisition, design, architect, construction, etc. (Bruce Jarvis, Roger Fry, et al) Federal Highway Corridor Plan/Zoning Way Findin9 signacje program Public .Audience. Other. .Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours pdor to the program or activity in order for the City to reasonably accommodate your request. 7 Members Four 4-year Terms One 3-year Term One 2-year Term One 1-year Term LAST NAME FIRST EXPTRES ADDRESS PROFESSTONAL NAME ASSOCTATION Aguila 3ose 6/20/04 800 SW 1st CT Robert G. Currie & Assoc., :[nc. Boynton Beach 33426 134 NE 1st AVE 4 (561) 737-8894 Delray Beach, FL 33444 yr. term (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 ~ 2 yr. term (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23RD CRANBROOK Edward 3ones & Company DR 901 N Congress Avenue, Ste B- O 1 yr. term BOYNTON BEACH 33436 101 Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Finkelstein L~arry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 · 4 yr. term (561) 375'8807 Boynton Beach, FL 33435 Chair (561) 736-9790 Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 323435 Vice Chair (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept F 3 yr. term (561) 736-8668 100 NW 1St Avenue Delray Beach, FL 33444 (561) 243-7040 millman Henderson 1/10/05 54 BENTVVATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 log Road '~I~ 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 01/08/2002 11:49 AM 3:\SHRDATA\CC\WP\BOARDS\LISTS\CRA MEMBERS .doc COMMUNTTY REDEVELOPMENT AGENCY Tuesdayf 3anuary 08, 2002 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order II. Roll Call III. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. TV. Approval of Minutes V. Director's Report: A. Financial 1) November 2001 Financial Statement 2) Property Acquisition Cost Proposal - The Urban Group (_]im B. Project Updates 1) Federal Hwy 2) Heart of Boynton (MLK) 3) Ocean District 4) Marina/Promenade/Riverwalk 5) Way-Finding $ignage C. Future Agenda ]:tems. D. Commission Action. VT. Unfinished Business. Nardi) Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford a~ individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VII. VIII. Public Hearings: Site Plan: A. PRO]ECl NAME: DAKOTA LOFTS AGENT: H. P. Tompkins OWNER: Chan's Enterprises LOCATION: 3010 S. Federal Highway DESCRIPTION: Request for site plan approval to construct 19 multifamily town homes on two (2) acres. New Business: Definition of Height/Height Exception - (Agent: Bradley Miller ATCP) - Request for a code review to revise the definition of "building height" found in Land Development Regulations Chapter 1, Article I! and to add language to the exemptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4.F.2. B. Marouf's Car Wash - (Agent: Beril Kruger - Las Palmas Ave. & N. Federal Hwy) Request site plan approval for a car wash facility on 0.22 acres. Eminent Domain - Requesting the City Commission, Pursuant to FL ST 163.370, to authorize the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Blvd. Promenade and Riverwalk. IX. Public Audience. X. Other, XI.-Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Hann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Phase 19~ort: Existing Conditio~ Table of Contents Table of Contents ...................................................... Pg. 2 Map of Project Boundaries ......................................... Pg. 3 Introduction ............................................................ Pg. 4 The Study Area ...................................................... Pg. 4 Land Use and Zoning ........................................... Pg. 5 Land Use and Zoning Distribution Chart ............ : ..... Pg. 8 Land Use Map ....................................................... Pg. 9 Zoning Map ......................................................... Pg. 10 Traffic Patterns ..................................................... Pg. 11 Traffic Study Area Exhibit "A" ....... , ......................... Pg. 13 Property Ownership ............................................. Pg. 14 Code Compliance ................................................ Pg. 19 Acknowledgements ............................................. Pg. 20 -2- Ocean District RedeVelopment Plan Area Legend Distfict Bounda~ ~ Railroads Roads - ~! Parcels 600 INTRODUCTION The City of Boynton Beach is currently updating its Community Redevelopment Area (CRA) Plan (CRA) in a five-part effort. The first component of the CRA Plan is the expanded Federal Highway Corridor Community Redevelopment Plan that was adopted in May 2001. The second effort is the Heart of Boynton Beach Neighborhood Master Plan to be adopted in December 2001. This study, The Ocean District Redevelopment Plan is the third component. The fourth part is the Boynton Beach Boulevard Corridor and the fifth and final component to this effort is the industrial area west of 1-95. The goal of this Redevelopment Plan is to bring a vision of prosperity to downtown Boynton Beach. The hopeful outcome is the confidence and encouragement o_f redevelopment. The vision in mind is of: · A place of unity to which its residents and visitors, at work or play, feel attached and responsible; · A place of unique character with public spaces in which people feel comfortable .~ together; · A place of physical predictability for all new buildings, to ensure security of investment for property owners and developers as well as an aesthetic experience for others; and · A memorable place of human interaction, safety, and commercial growth and cultural benefit. The main purpose of the Ocean District Redevelopment Plan is to bring all these visions together and create a new image and mix of uses for the City's downtown civic and cultural center. THE STUD Y AREA The study area is located south of North East 3rd Avenue, east of Seacrest Boulevard, west of the F.E.C. Railroad right-of-way and north of South East 2nd Avenue. The study will focus on uses and needed development standards for the Downtown district. The scope of work of the study area consists, of planning and urban design. Public involvement will be encouraged thrOugh a Community Visioning Session and a Design Charette (held in- house with selected professionals invited from oUtside). This report represents Phase I of the Ocean District Redevelopment Plan project, and includes the data collection and research on existing conditions of the area relative to land use and zoning, traffic patterns, property ownership and code compliance. -4- ANALYSIS OF EXISTING LAND USE REGULATIONS AND POLICIES Future Land Use and Zoning The Future Land Use Map and Zoning Map specify the land uses, type and specific uses that are permitted on a parcel. These, along with the Land Development Regulations, which deal with spatial relationships of improvements, are the primary tools by which the City regulates development within its boundaries. The following paragraphs describe the Future Land Use designations and the corresponding zoning districts within the 37.7-acre Ocean District Redevelopment_Study Area. Low Density Residential (LDR) The southeastern comer of the study area contains approximately 1-1/2 blocks designated Low .~ Density Residential, which permits development at 4.84 dwelling units per acre (du/ac). This same land use designation extends across almost the entire area abutting the southern boundary of the study area and occupies approximately 2.7 acres. The corresponding zoning district is Single-family Residential (R-I-AA). Medium Density Residential (MDR) Land designated Medium Density Residential is found in a strip of approximately 2.6 acres along the northwestern boundary of the study area. This designation permits development at 9.68 du/ac and corresponds to the single- and two-family (R-2) zoning district. The land use designation extends northward beyond the study area. High Density Residential (HDR) Portions of four blocks~ or approximately 3.9 acres, in the core of the study area are designated High Density Residential. This designation permits residential development to a maximum of 10.8 du/ac, and corresponds with the Multi-family Residential (R-3) zoning district. All of the existing multi-family residential developments within the study area are built at higher densities ranging between 16.5 du/ac and 48.4 du/ac. Local Retail Commercial (LRC) With the exception of four parcels in the northeast comer of the study area (see general commercial), all of the icommercially developable land in the study area, or approximately 11.9 acres, is designated LoCal Retail Commercial. This designation corresponds with the Neighborhood Commekcial (C-2) and Community Commercial (C-3) zoning districts. Uses allowed in the land usei category include offices, retail uses, personal services and repair of consumer goods and business services compatible with retail uses. In addition, high-density residential and mixed-use developments are also allowed within this commercial zoning district. -5- The lands designated Local Retail Commercial are found along the Boynton Beach Boulevard corridor, along Ocean Avenue, and along the eastern boundary of the study area, fronting on the FEC Railroad right-of-way. The portion of Ocean Avenue located between 1 st Street and 3rd Street that is designated Local Retail Commercial, is zoned Multi-family Residential (R-3). All of the parcels, except one, are developed with residential uses. The single exception is the property developed as a convenience store. The Comprehensive Plan allows for property designated Local Retail Commercial to be developed with multi-family uses. The Zoning Code also allows ~'or property zoned Community commercial (C-3) to be developed with multirfamily uses; however, the code does not allow for property zoned Multi-family Residential (R-_3) to-be developed with a commercial use. General Commercial (GC) The General Commercial land use category allows the most intense commercial development and correspOnds with the General Commercial (C-4) zoning district. As cited above, there are parcels, totaling approximately 0.9 acres, in the northeast comer of the study area (north of Boynton Beach Boulevard) that are classified accordingly. Industrial Only two parcels totaling 0.5 acre in the study area are designated Industrial and zoned Light Industrial (MI). These parcels are adjacent to the area classified General Commercial in the northeast comer of the study area and adjacent to the FEC Railroad right-of-way. Both areas classified General Commercial and Industrial extends northward beyond the study area. Public & Private Governmental/Institutional (PPGI) ~ Approximately 40 % of the study area, or 15 acres, are designated Public & Private Governmental/Institutional and are occupied by the municipal complex. Within this land use category are lands zoned Public Use (PU) and Recreation (REC). This area has also been the subject of the Town Center Master Plan. Comparisons of the spatial distribution of land use and zoning are found in Charts 1 and 2 below. Comprehensive Plan Policies Affecting the Study Area The Comprehensive Plan Future Land Use support document, "Section VIII. Land Use Problems and Opportunities", contains additional directions and policy guidance applicable to the study area, and in particular the Municipal Complex and the commercial area along Ocean Avenue. These are as follows: Many recommendations within Section III have not been re-evaluated since approved with the original (1989) adoption of the Comprehensive Plan. This study will reconsider the current value of these recommendations and either further implement or lead to corresponding plan amendments. -6- 3.g. Municipal Complex The City is currently expanding the entire City Hall/Civic Center/Library complex, which occupies the blocks along the east side of Seacrest Boulevard, between Boynton Beach Boulevard and SE 2nd Avenue. Since the parcels which are currently zoned Recreation and R-3 Multiple-Family Residential on these blocks will be incorporated into the municipal complex, the entire area should be placed in the Public and Private Governmental/Institutional land use category and Public Usage zoning district. The parcel, which is currently occupied by multiple-family housing, should be construed to be in this land use category only when it is actually acquired by the City and redeveloped for public use ..... - .~ 3.h. East Ocean Avenue between Seacrest Boulevard and FEC Tracks In order to create a pedestrian and commercial corridor between City Hall and the CBD _, district, a special zoning district should be created for the segment of E. Ocean Avenue lying between 1 st Street and the FEC tracks. However, in order to preserve the character of' this street and prevent conflicts with adjacent residences, the follOwing policies will be necessary: (1) Allow only restricted retail and office use for parcels fronting on E. Ocean Avenue; (2) Restrict building heights to 2 stories (25 feet); (3) Restrict the hours of operation for commercial uses; (4) Encourage "coastal vernacular" architecture for commercial buildings; encourage re-use of existing historic buildings for commercial uses: In order to encourage commercial uses along this street frontage, The City should allow all parking requirements to be waved for commercial uses, which occupy only lots fronting on Ocean Avenue. Adequate parking will be provided on Ocean Avenue, at the City Hall complex, and proposed municipal parking garage between the FEC railroad and U.S. 1. -7- LAND USE AND ZONING DISTRIBUTIONS PPGI 41% LAND USE DISTRIBUTION CHART 1 GC HDR 2% 10% IND 1% LDR 7% MeDR 7% LRC 32% R3 16%~ REC 16% ZONING DISTRIBUTION CHART 2 C2 10% C3 16% C4 R2 7% RIA 7% PU 25% MI -8- Ocean District Redevelopment Area with Landuse Layers BEACH BLVD BOYNTO.N BEACH BLVD 2ND AVE 1ST AVE 1ST AVE "' 1ST AVE OCEAN AVE OCEAN AVE 1ST AVE 1ST, 2ND AVE lOO 2oo N S .egen,~ ~ LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U./Acre --q MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U./AcrE ~ MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.U./Acre ~ HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.U,/Acre --'-1 OFFICE COMMERCIAL (OC) ~ LOCAL RETAIL COMMERCIAL (LRC) ~ GENERAL COMMERCIAL (GC) ~ INDUSTRIAL (I) ~] AGRICULTURE (A) ~ RECREATIONAL (R) ~ PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) ~ MIXED USE {MX) -Q-- Ocean District Redevelopment Area with Zoning Layers Legend -10- TRAFFIC PATTERNS Traffic Volumes Staff has conducted a number of 24-hour traffic volume counts throughout the entire study area. A graphical representation of traffic volumes is attached as exhibit "A". Staff finds that the lowest traffic volume identified was 184 vehicles per day on Bardsta Way, west of Federal Highway. The highest traffic volume counted within the study area was 932 vehicles per day on that segment of Ocean Avenue located between Federal Highway and SE 4th Street.' Staff finds these traffic volumes to be extremely low for a central business district area. It would not be uncommon to find a collector street such as Ocean Avenue carrying_.near!y 3,000 vehicles per day, and those streets immediately on the perimeter of a central business district to carry 1,000 to 2,000 vehicles per day. Low traffic volumes have also been recorded in the area south of Ocean Avenue and East of Seacrest Boulevard, which consist of multi-family housing. This characteristic may be attributed to the fact that the traffic volume surveys were conducted 0nly recently when a number of homeowners may not have returned from their northern residences. In any scenario, staff believes that there remains sufficient capacity on the existing roadway network to accommodate growth 'and development in the area. Naturally, traffic volumes along Boynton Beach Boulevard, Seacrest Boulevard, and Federal Highway are much higher. According to Palm Beach County, 24-hour volumes on these arterial roadways are as follows: Boynton Beach Boulevard Federal Highway Seacrest Boulevard 14,285 22,370 15,970 Developers rely heavily on traffic volume data, especially for development that will have a retail component. As a comparison to traffic volumes on arterial roadways in the study area, staff noted that there is in excess of 28,000 vehicles per day on Boynton Beach Boulevard near Congress Avenue and over 38,000 vehicles per day on Congress Avenue. Regulator_ Traffic Control Staff has identified regulatory traffic control on exhibit "A". Traffic is primarily regulated at intersections by either 2-way or 4-way stop signs, except for the intersections of arterial roadways that are controlled by traffic-actuated signals. Staff does not recommend any changes to existing regulatory intersection control because there are established traffic patterns and the public is accustomed tO these patterns. On Ocean Avenue, the 4-way stop configurations located at the intersection of SE 1 st Street and SE 3rd Street are not likely warranted according to the Manual on Uniform Traffic Control Devices. Staff does not recommend any change to the regulatory control at these intersections at this time. HoweVer, staff does suggest that as the downtown redevelops and traffic volumes increase on Ocean Avenue, th~ city should consider the benefit of replacing stop signs with alternative traffic calming devices, to bring into account both traffic engineering guidelines and impact on local businesses. -11- Staff also notes that the 4-way stop intersection at Ocean Avenue and 4th Street is of particular concern due to its close proximity to the FEC Railroad crossing. An unsafe situation could be created at this location should traffic at the intersection stack-up into the railroad crossing. Pedestrian Concerns Throughout the entire study area staff finds a wide variety of pedestrian related features. Sidewalks exist along all arterial roadways such as Seacrest Boulevard, Boynton Beach Boulevard, and Federal Highway. It is also fortunate that sidewalks have been constructed on both sides of Ocean Avenue through the entire study area. However, local roadways within the study area exhibit a wide range of pedestrian safety elements. Staffh~.as identified the existing sidewalk on exhibit "A". You will note that there are many low volume roadways that have gaps in sidewalks or have sidewalks constructed adjacent to individual single-family lots and nowhere else on the particular block. For example, sidewalks exist around the library, but are absent throughout the neighborhoods around the library. Similar characteristics exist around City Hall and throughout the commercia~ district east of the railroad tracks. In addition to the lack of sidewalk in the local residential areas, staff finds a number of other safety impairments to pedestrian safety. For example, there are a number of multiple-family complexes that have direct access to parking in a manner perpendicular to the edge of the roadway. In these cases, the private developments are utilizing public right-of-way for the purpose of parking and this forces pedestrians to then walk in the roadway to avoid parked vehicles. Staff finds that the existing roadway network can absorb additional traffic volume very easily. Thus, traffic in and around the study area will likely be a minor concern as the area redevelops. Accommodation of pedestrians is an entirely different matter. As the study area redevelops, staff believes that it is appropriate for the City to take into consideration pedestrian safety. As part of each review of any proposed projects, evaluation of pedestrian safety should be included not only with each project but should be considered throughout the study area as part of on going city capital improvement project. -t2- (IllVAE[IflOa PROPERTY OWNERSHIP I. GENERAL INFORMATION PROPERTIES · Number of properties: 224 · Number of parcels: 107 OWNERSHIP Owners with multiple properties: · 4 properties (Richard Ufier) · 5 properties (Micheline Many) · 5 properties (Kathleen Ambridge) · 8 properties (Bob Katz) · 13 properties (Charles and Kathryn A. Smith) · 16 properties (City of Boynton Beach) · Number of owners with 2 properties: 13 (one out-of-state) · Number of owners with 3 properties: 4 Number of out-of-state owners: 21 II. USE DISTRIBUTION USE GROUP PROPERTY USE # OF PROPERTIES RESIDENTIAL vacant residential 5 single family 35 apartments > 10 units 2 condominiums 126 multifamily < 10 1 RESIDENTIAL TOTAL 169 COMMERCIAL vacant commercial 5 stores 13 stores/office/residential 3 office 1 stow 3 professional offices 5 restaurant 1 restaurant, drive thru 1 auto sales 3 warehouse/distribution 4 COMMERCIAL TOTAL 38 PUBLIC municipal 16 UTILITY 1 GRAND TOTAL 224 -14- Residential Uses Single-family Homes Number of properties: 35 Of 35, 18 do not claim homestead exemption; they are not full time owner-occupied (most are either seasonal homes or rentals) Assessed value distribution: ASSESSED VALUE RANGE # OF SF HOMES Below $30,000 ' 2 $30,000 to $49,999 18 $50,000 to $69,999 12 $70,000 to $89,999 1 $90,000 and above 2 Average assessed value of a single-family home: $51,485 · Percentage (%)change in assessment, 1999-2000: (estimate for average increase in the city: 3%) % CHANGE IS ASSESSMENT, 1999-2000 # OF SF HOMES Below 0% 1 2% and above but lower than 3% 14 3% and above but lower than 5% 5 5% and above but lower than 7% 5 7% and above but lower than 9% 3 9% and above 7 Market Activity: YEAR OF LAST SALE # OF sf HOMES Last sold 1989 or earlier 7 1990 - 1994 7, 1995 - 1999 9 Sold after 1999 9 No sales data available 3 Of all properties traded since 1999, 3 sold for $70,000 or more. B. Condominiums · Green Acres: 10 units, built 1968 · Boynton Center #1: 20 units, built 1973 · Boynton Center #2:20 units, built 1973 · Boynton Center #3:26 units, built 1972 -15- Boynton Center ~4: · Boynton Center #5: · Millicent Condos: · Park Lane Condos: · Vivienne's Condos: 8 units, built 1972 4 units, built 1971 20 units, built 1972 14 units, built 1979 (North and South buildings) 4 units, built 1967 Total number of'condominium units: 126 Out of 126 units, 83 do not claim homestead exemption; they are not full time owner- occupied (most are either seasonal units or rentals) · Assessed value distribution: I ASSESSED VALUE RANGE # OF CONDO UNITS $11,600- $16,599 12 $16,600-$21,599 95 $21,600 .$26,599 15 $31,600- $36,599 4 Average assessed value of a condo unit: $19,079 Percentage (%) change in assessment, 1999-2000: % CHANGE IN ASSESSMENT, 1999 - 2000 # OF CONDO UNITS (-5%) - (-3%) 2 ¢3%) - ¢1%) 8 (-1%) - 1% 105 1% - 3% 6 3% - 5% 4 5% - 7% 1 · Market Activity: YEAR OF LAST SALE Lat sold 1989 or earlier 1990- 1994 1995 - 1999 Sold after 1999 No sales data available # OF CONDO UNITS 33 37 42 12 2 Of the 9 units sold in 2000 and 2001 at market prices, 4 sold at a price of $26k or less, and the remaining 5 sold at prices between $30K and $35k. -16- C. Apartments Pelican Harbor, 209 E. Ocean Ave, 10 units · Ocean East, 200 E. Ocean Ave, 12 units · · Last sold for $265,000 in April 2000 Appreciated about 130% since 1995, when the sale price was $115.000 (18% average annual appreciation) Intermediate sale 1997, price $185,000 Last sold for $606,000 in July of 1001 Appreciated 76% since 1993, when the sale price wa~-~$'343,000 (7.3% average annual appreciation) D. Multifamily ,<10 units: · Single family home and duplex on one parcel, 216 SE 2nd Ave TOTAL number of residential units: 164 E. Vacant residential All 5 vacant residential lots were traded since 1999. 2. COMMERCIAL USES Total number of properties: 38, of which 4 are industrial (warehouses) and 5 are vacant. One was eliminated from the tax roll in 2001. · Assessed value distribution: !ASSESSED VALUE RANGE Lessthan $50,000 $50,000-$74,999 $75,000- $99,999 $100,000- $124,999 $125,000-$149,999 $150,000-$174,999 $175,000- $199,999 Morethan $200,000 # OF PROPERTIES 6 6 3 5 7 5 1 5 Average value of commercial property: $126,506. With the exception of two properties, which were assessed for over 20% higher value in 1999 than in 2000, and one property with the assessed value decreased by about 7%, assessments for the remaining properties remained unchanged. -17- Market Activity YEAR OF LAST SALE # OF PROPERTIES Last sold 1989 or earlier 3 1990 - 1994 4 1995- 1999 14 Sold after 1999 10 No sale data available 7 Of 10 properties sold in 2000 and 2001, one property sold at $5~7.SK,:two sold at a price over $300K and two below $100K. Two of the Katz properties were transferred at a nominal fee (these two were sold in 1998 for $300K+). * Sales data for 2001 covers the first four months of the year. -18- CODE COMPLIANCE Data Analysis The study area was researched for the most common code violations recorded between 1997 and 2001. The data assembled was divided by location and reviewed parcel by parcel. This is a summary of the findings. The most common violation for the study area is identified as CAMV, Community Appearance and Maintenance Violation. This violation is defined in the City of Boynton Beach Code of Ordinance that pertaining to the quality of life and maintaining same by prohibiting, abating, suppressing and preventing all things detrimental to the heal'th, comfort, safety, convenience, visual aesthetics and welfare of the inhabitance of all zoning districts. The northern comer of the study area, which contains single-family houses and vacant lots, is mostly cited by city officials with CAMV. The vacant lots that are cited typically contain overgrown grass, and trash and debris. The owners of the single-family houses are typically cited for aesthetics reasons (i.e. peeling paint, broken windows or unmaintained landscaping). -, The other citations include abandon vehicles. In the northern section of Boynton Beach Boulevard, zoned C-3 Community Commercial, the Commercial parcels are also mostly cited for CAMV (i.e. poor paint condition). Other commercial properties were cited for needed light replacement. Some were also cited for not keeping their parking lots and swales properly maintained. The southwest part of Boynton Beach Boulevard, zoned C-3, is generally cited for CAMV, licensing violations, and zoning violations, (one parcel). This parcel is zoned C-3, and was cited for displaying merchandise in public view. The most common citations in the area zoned R-3 is also CAMV andi for abandon vehicles. Several parcels fronting Ocean Avenue were also cited for CAMV, (paint condition), swale and parking lot conditions, iand abandoned vehicles. On the southeast comer of the study area, zoned R-iA, the single-family houses are generally well maintained and without citations. It is noteworthy that this area was the location of most historic citations. -19- DEPARTMENT Of DEVELOPMENT MEMORANDUM NO. PZ 02-004 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael Rumpf Planning and Zoning Director Lusia Galav, AICP.,)T¢~' Principal Planner ~ January 2, 2002 Dakota Lofts- NWSP 01-010 Addendum to Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ' 01-242 to the Community Redevelopment Agency dated October 31, 2001. Updated information is provided regarding the above referenced project. At the December 11, 200i CRA meeting the Board tabled the Dakota Lofts site plan pending receipt of additional information from the applicant on a variety of issues. Subsequent to that meeting the apPlicant submitted additional information for review. On December 21,2001, Mike Rumpf, Planning and Zoning Director formally requested that the applicant respond to several remaining items. The following is a list of items that were to be addressed by the applicant and the status of the response. All correspondence referenced are included with this addendum as attachments. In addition, a revised site plan dated December 6, 2001 is included with this packet. 1. Agreements should be created / drafted, to the satisfaction of the developer, regarding the current and proposed water service for the residents now using the well(s) on the subject properly (comment addressed, see Holland & Knight letter item 2.A.). 2. Agreements should be created / drafted, to the satisfaction of the developer, for the continued use of the existing docks located on the finger canal of the subject property but used by the adjacent property owners (comment addressed, see Holland & Knight letter item 3. The building elevations fronting on U.S. I (west, north, and south) should be revised to incorporate more architectural detail and decopative elements (comment addressed, see revised elevations in site plan packet). 4. A vehicular back-out area 27-feet in width should be provided perpendicular to all garage door openings (comment addressed, Engineering Department approved- see Laurinda Logan Memorandum No. 02-001). 5. Garages should be 18 feet in width at the opening (comment addressed, Building Division approved- see Eric Johnson/Tim Large email dated December 26, 2001). 6. Identify the type of roadway and width of Bamboo Lane. The survey should identify this roadway as a public / private right-of-way, drive aisle, or easement. (See response in HPT letter). 7. Access for Virginia Gardens Drive should be indicated more clearly on the proposed site plan (which area' of the Drive will be removed or proposed). 8. Provide a memorandum indicating Fire approval (with regard to emergency vehicle ingress / egress, including adequate turn-around area and fire truck maneuverability) (comment addressed, see Fire and Life Safety Division Memorandum No 2001- 65). 9. Indicate which homes are currently served by the existing water well (available for potable water) located on the subject property (comment addressed, see Holland & Knight letter item 2.A & 2.B, and HPT letter). 10. Indicate the method or technique that the developer intends to provide potable water service to the adjacent homes. For example, where will the water lines run? Will they run in the middle of the roadway? Will the developer connect each house to the new water lines or will each homeowner bear the cost to conhect (comment addressed, see Holland & Knight letter item 2.A & 2.B ). 11. Identify which off-site properties the developer intends to "hook-up" to City water service (comment addressed, see Holland & Knight letter item 2.A & 2.B). 12. Indicate the increase / decrease in traffic that the proposed residential use will hav~ compared with the existing commercial use (comment addressed, Palm Beach County Traffic approved- see Masoud Atari letter). 13. Indicate entry gates that the developer intends to use in order to minimize vehicular traffic from spilling into the adjacent neighborhoods. (No gates will be installed. See HPT letter). 14. Indicate the portion of Bamboo Lane that the developer intends to improve. (See HPT letter). 15. Illustrate the improvements made to the entryway of the development. 16. Indicate the use of decorative outdoor freestanding lighting fixtures. As of this date, staff has not received revised drawings or plans from the applicant for Items #7, 14, 15 and 16 or additional input from the adjacent property owners. Attachments: 1. Holland & Knight letter dated December 5, 2001 2. Engineering Department Memorandum No. 02-001 dated January 2, 2002 3. Eric Johnson/Tim Large email dated December 26, 2001 4. Palm Beach County Traffic Division letter from Masoud Atari dated August 15, 2001 5. HPT letter dated December 31,2001 6. Planning and Zoning Division letter from Michael Rumpf dated December 21,2001 7. Fire and Life Safety Division Memorandum No. 2001-65 dated January 3, 2001 D[~2. 85 2~13! ;1.7:45 HGc?QND lIND KNII3HT LLP Law 01rices (' HOLLAND & KNIGHT LLP One Ea~l 8reward 8oulevard. Suite I300 P.O. 8ox 1 ,I 070 (ZJP ,t3302-,10 ?0) Fotl Lauderdale. Florida 33301 g54-525 FAX 954-463-2830 www,hklaw.com Jacksonville L~ Angeles "~~ P. 82 N~ York N~lhern Virginia Orlando PrOvidence SI. P~iersbua.l San ~nmio ~n Francisco Se~e fam~ ~shln;l~ D.C. TdA~' 1 December 5, 2001 tYlICHELLE ~L DEROSA 954-468-7934 VIA I-{AND DELIVERY mderosa~hklaw, com December ,5, 2001 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33436 Attention: Eric Johnson, Planner Re: Parcel of land located on Federal Highway in Section 4, Township 46 South Range 43 East, Palm Beach County (the "Property") to be developed as a residential community known as Dakota Lofts (the "Project") Dear Mr. Johnson: This firm represents Dakota Lofts at Boynton Beach, LLC ("Dakota") with respect to the above Project. As you maybe aware, Dakota, as owner of the above Property, is Scheduled to appear before the C. R. A. on December 11, 2001 for purposes of obtaining approval of its proposed site plan for the Project and moving forward to City commission meeting. We have been advised by our client that it has been working with the adjacent land owners to address the issues and concerns raised with respect to its proposed development of the Property and that it is prepared to provide various rights and services to each owner. Further, we have been advised by Dakota t~at, pursuant to the City gran:ing approval of the proposed sire plan, Dakota is willing to provide the following: ' 6 200t DEC-05-20~1 18:10 ~.~2 DEC-05-2001 17:46 HOIJ,~SND RND KNIGHT 1. Canal Easement. Dakota will grant to those owners of the lots depicted as Lo'ts 1, 2, 3, 4, 5 and 6 on the stretch attached hereto as Exhibit "A" and made a part hereof (the "Sketch") which currently have docks constructed within the canal property, easement rights (i) to maintain any existing docks within the can'al . property currently owned by Dakota, and (ii) for ingress, egress and access from the existing docks over and through the canal property to the In~racoastaI waterway, which is located to the east of and adjacent to the canal property. The easement rights granted by Dakota sha]l run with and benefit each lot for which it is granted, and shall be transferred to any subsequent owner or owners of such lot as part of the conveyance of such lot. The final easement document shall provide that (i) each dock shall be maintained by sdch'owner at its sole cost and expense, and (ii) the canal property shall be the ma.intenance obligation of Dakota, its-successor or assigns, and/or any homeowners association crea~ed for purposes of administering the Project (hereinafter the "Association"), and that all costs and expenses incurred in connection therewith shall be divided in an equitable manner and on a prorata basis between all parties having dock rights to use the canal property. 2. Water and Sewer Services. A. Installation of Water Lines. Provided that Dakota can obtain the necessary approvals and easement rights, Dakota.will install water lines along Bamboo Lane as may be required in order for the City to provide potable water service to Lots 5, 6, 9, 10 and 1I. In addition, Dakota will install the appropriate water main extensions and meters at the location indicated by the City for Lots 2, 5, 6, 9, 10 and 11 and pay any r~eter hookup fees in' connection therewith. Dakota agrees that prior to the time that the above lots have been provided with the alternative water service to be provided above, it will not take any action which would cause the lot owners to lose the ability to obtain water from the wells located on the Property, which wells are the lot owners current source of water. B. _Sewer Servfce for Lot 4. Provided that Dakota can obtain the necessary approvals, Dakota will grant to Lot 4 the right to tie into the sewer service facilities ~o be located upon. the Property and will pay any costs related to sa:me. 1 3. Access Easement. Dakota wilI grant to the owners of the lots depicted as Lots 1, 2, 3 on the Sketch, ingress, egress and access rights over certain roadways located within the Property from time to time for purposes of obtaining ingress, egress and access from and to Bamboo Lane and Vir~nia Gardens. In addition, Dakota will provide adequate access to the owners of Lots 1, 2, and 8 ~hrough any gates which it may install within the Property which limit or restrict the above mentioned access rights. DEC-05-2001 16:!0 · _ ....... ~ DEC-05-2~01 17:46 HOLLRND RND KNIGHT LLP P.04 1 4. Decorative Light. ,Fixtures. Dakota will: install decorative lig'ht fixtures within. the Property in accordance with the final site plan approved by the City. 5. ~emporarv .Fencing. Dakota will install any temporary fences which may be required by the appropriate governmentaI codes to be installed during construction of the Project. Please feel free to contact me with any questions and/or comments you may have regarding ~;his matter. Very truly yours, HOLLAND & KNIGHT LLP By: Michelle M. DeRosa Enclosure cc: Mitchell Pasin FTLt #~68880 v3 D5C-05-2001 18:10 P.94 DEC-O5-2ffiO1 .~' \ .,..- 1 ...... -:,., 6 2001 !i. '~ ~it - - -,]-~-L._7 -- , - I .. ~ ~=' / I - .1. 16:52 551375~=9 BOYNTON BEACH F'~, Z D£PARTIqENT O1:: D'£VELOPIq£NT PI:arming and Zoning Division · Building · Plan~ ~ng & Zoning · OccupaHonal Llcen. es· Communify Redevelopment PAGE 82 1 December 5, 200 l Mr. H. ~. Tompkins, 3'r. I~PT C ~nsu/tants, Inc. 2295 (2 orporate Boulevard, N.W. Execut,ve Court One-Su/te 240 Boca ~ am.n, FL 33431 RE: ~akota Lo~s Dear 1~. r. Tompkins: Pursu4nt to our meeting on Friday, November 30, 2001, you were to provide additional inforrrtation to the Planning & Zclaing Division by Monday, December 3, 2001 in. order to meet the deiadline for the December 1:.[, 2001 Community Redevelopment Agency (CRA) meeting. The a .ditional information incl~i..ded revised elevations, site plans, and a survey (including Bamb/ o Lane). ALso, there stil~ remain unresolved issues wh/ch are to be resolved prior to recon~ cleradon by the CRA, and[verified by formal agreements with adjacent property owners, As a esult, staffwill recommendI that the CRA fi,u-thor table the review until the January 8, 2002 CRA meeting. If your project .s reviewed by the CPA on January 8t~, this item would be consic.erect by the City Commissi~ m on January 15, 2002. ]' Shoul~ you have any question:;, please contact Eric Lee Johnson at (56I) 742-6260 for reschl~duling of this item. · yourl lznly, Michlel W. Rampf Dired:or of?lanning & Zoning of Boynton Beach ~ 100 Eas~i. Boyrlton Beech Blvd. · P.O. BoX 3~0 Boyn/on Beach, FL 33425-03~0 Phone: (561) 742-62~ 0 · Fax ~$61) ?42-6259 * www. cLboyrlton-bench.fl, us DEPARTMENT OF ENGINEERING MEMORANDUM NO. 02,001 TO: FROM: DATE: RE: Eric Johnson, Planner, Planning & Zoning Laurinda Logan, P.E., Civil Engineer/~..~ January 2, 2002 Interior Driveway Widths Dakota Lofts -NWSP 01-010 2 Eric, Per your request the Engineering Department is providing a written response regarding the lack of comment(s) on tile interior driveways at the proposed Dakota Lofts. The Code of Ordinances and Land Development Regulations are silent on the matter of driveway widths, thus no comments were made during the site plan review process. The Engineering Staff acknowledges that the proposed interior driveway width of 15 feet may propose some difficulties with turning movements into and out of the garages (three- and four- point turns). From a strict engineering perspective the proposed 15 foot width will work. The Engineering Department did not review the driveway width with respect to its desirability. Engineering Staff believes that this is an issue better determined by other departments or boards within the City government. Please let me know if you have any questions about my comments or I can be of further 'assistance. LUck Cc: Jeff Livergood, P.E., Director, Public Works Michael Rumpf, Director, Planning & Zoning Lusia Galav, Principal Planner, Planning & Zoning H. David Kelley, P.E./P.S.M., Utility Engineer File C:hMy Documents~Dakota Lofts, Interior Driveway Widths.doc Johnson, Eric 3 From: Sent: To: Subject: Large, Tim Wednesday, December 26, 2001 7:13 AM Johnson, Eric RE: Garage width2 The building code does not address garages in dwelling units. Tim. Odginal Message-m From: Johnson, Edc Sent: Friday, December 21, 2001 2:59 PM To: Large, Tim Subject: RE: Garage width2 How about townhouses? Are they required to have garage door openings that are 18 feet in width for two (2) car garages? Eric Lee Johnson Planner Original Message--,-- From: Large, Tim Sent: Tuesday, December 04, 2001 6:41 AM To: Johnson, Eric Subject: RE: Garage width Nothing in the building code addresses SFR's. Tim. Odginal Message From: Johnson, Edc Sent: Wednesday, November 28, 2001 2:53 PM To: Large, Tim Subject: Garage width Tim, I was reviewing the Dakota Lofts site plan and noticed something that may become a Building issue. The residential buildings are required to have 2-car garages for each unit in order to meet zoning code. These 2- car garages have an inside opening.that is 16 feet wide. I know that standard off-street parking spaces in the City need to be at least 9 feet in width. But our zoning code doesn't address garage width. Does the Building code say anything about how wide 2 car garages have to be? Thanks for answering my question Eric Lee Johnson Planner O~PARTMENT O~ O[V[LOPME~%,T [ Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 ww~v. pbcgov, com Palm Beach County Board of County Commissioners Warren H, Newell. Chairman Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarcy Burr Aaronson Tony Masilotri Addle L, Greene County &dministracor Robert Weisman 'An Equal O~pormnity Affirmative Action £mt~[oyer' August 15, 2001 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Dakota Lofts TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr.. Rumpf: : The Palm Beach County Traffic Division has reviewed the traffic statement for this project, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. This project is summarized as follows:. Location: 3010 South Federal Highway Municipality: Boynton Beach Existing Uses: 11,500 SF High Turn-Over Sit-down Restaurant Proposed Uses: 19 MF Residential Dwelling Units New Daily Trips: Trip reduction Build-out Year: 2002 Based on our review, the Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER Masoud Atefi, MSCE / Sr. Engineer- T~affir~.~ivision cc: HPT Consultants File: General - TPS - Mun - Traffic Study Review F:\TRAFFIC~ma~dmin~Approvals~ 10808.doc ~ D. rfnted on recycled paper Jan ggg.5 Corporate Bird, N.W. Executive Court One Suite 240 Boca Raton, FL 33431 Tel 561-995-0955 Fax 56I-.q~7-5721 Email: hptcon@beltsouth.net PROFESSIONAL ENGINEERING LJl~D DEYELOPMENT SITE EVP. LUATION GOVERNMENTAL ? ~' [LNilTI'k-NG TRAFFIC A~Y.ALYSIS & CONCURRENCY PROJECT MANAGEMENT E,~IRONME N~F.~L December 3 I, 2001 Via Fax: 561-742-6259 Mr. Michael w. manpf City of Boynton Beach I }epanment of Development l~ E~ Bo~on B~ch Blvd. Boston B~ch, Florida 3~25 5 Kc: Dakota Lofts Dear .~ke, Pursuant to your letter c f December 21,2001, please accept the fb{tow/rqg responses: 1. Formal agreeme,ts hive been prepared by the developer fbr Providing the necessary wa,er servi ces to the residences on Virginia Garden .Dr. and Bamboo Lane. For your information the residences on Bamboo Lane misrepresetnted the location of their water wells as being located within the Dakota Lofts property, when in fa~ t their wells are located within private property located on the south side o["Bar~boo Lane. Ln the spirit of cooperation the developer has agreed to stand by his odgSn~.l commitment to provide water s~n'cices to these residences. These fo,-mid agr~ments have been presented to the property owners ibr signature 2. The above referencol agreement also addresses the use of the existing docks. Tke existing docks v.ilt be allowed to stay, however no new or additional dockage will be allm'¢ed. 3. Bmboo Lane is created by an unrecorded plat. I have ~arnished a copy o~this to the City Engineer. Bamboo Lane is approximately 65 feet wide at Federal Hwy. and approxLm~tely 42 f~t wide at Dakota Loi~,,s project, entrance. The existing roadway is paved and has a srrm~ mediau island. The pavement is sufficient to handle t ae proposed traffic for this project as well as the existing ~g p~~~gency~ 4. A revised site plan more clearly indicating Virginia Gardens Drive, will be presented prior m th e CKA meeti_ng. 5. The developer at t.hi ~ time is not installing any gates for *.,his project. 6. The portion efBamlx~o Lane ri'tat will be imuroved is from Federal Highway Jan 02 02 ll:21a 7. Illustrations of the prc~posed entry improvements will be provided to the City. prior to the CRA meeiing. 8. Details of the outdoor fighting will be provided to tile City prior to tie CRA meeting. I trust these responses ad :lress all of your concerns. If you have any questions or need any additional infon nation please contact me at 561-998-0955. Sincerely, H.P. Tompkias, Jr., PE {. Principal-in-charge Eric Johnsoch Planne · · Building DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Planning & Zoning · Occupational Licenses · Community Redevelopment 6 December 21,200I Mr. H. P. Tompkins, Jr. : HPT Consultants, Inc. -- .... _-...- ...... 2295 Corporate Boulevard, N.W. Executive Court One-Suite 240 _ Boca Raton, FL 33431 .... RE: Dakota Lois Dear Mr. Tompkins: As you know, the Community Redevelopment Agency will review the above referenced project on January 8, 2002 and the City Comm/ssion on January 15, 2002. Ai the last meeting, the Board was unsatisfied with a number of issues, including but not limited to the elevations, vehicular back-out area, increased traffic, and emergency vehicle ingress / egress. In addition, there were concerns from the adjacent residential property olwners about the disruption of the potable (well) water supply, and use of the finger canal. Below is an item/zed list, derived from various sources, including the minutes from the November 13, 2001 CRA meeting and also from letters submitted to staff. This list of questions and concerns are to be addressed prior to further review of the Board. Per your discussion with staff yesterday, you are to respond to these questions no later than 5:00 p.m. Friday, December 28, 2001. Please provide a written response as to how you have specifically addressed each issue, either on the site plan or via appropriate documentation: 1. Provide formaI agreements between the developer and the adjacent property owners regarding the current and proposed water serv/ce. Th/s directly relates to those adjacent single family residences currently receiving water service from a well that is located on the subject property. 2. Provide formal agreements between ~he developer and the adjacent property o~vners regarding the continued use of existing docks located on the f'mger canal of the subject property. 3. Identify the type of roadway and width of Bamboo Lane. -The survey should accurately identify th/s roadway (i.e. public or private right-of-way, drive aisle, or easement). 4. Access for Virg/nia Gardens Drive should be indicated more clearly on the proposed site plan (which area of the Drive will be removed or proposed). - 5. Indicate entry gates that the developer intends to use in order to minim/ze vehicular traffic from spilling into the adjacent neighborhoods. 6. In'dicate the specific segment of Bamboo Lane that the developer intends to. improve. 7. Illustrate the improvements made to the entryway of the development. 8. Indicate the use of decorative outdoor freestanding lighting fi.xtures. Yours truly, Michael W. Kumpf cc: Quintus Greene, Director of Development Eric Lee Johnson, Planner City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Flodda 33425-03'10 Phone: (561) 742-6350 · www.ci.boynton-beach.fl, us 7 FIRE & LIFE SAFETY DIVISION Memorandum No. 2001,65 NFPA Life Safety Code 101, National Fire Code 1, afl appficable National Fire Protection Association codes, and the City Fire code shaft be adhered to. To: Eric Johnson, Planner From: Bo~Borden, Deputy Fire Marshal Date: January 3, 2002 RE: Dak~)ta Lofts site plan (NWSP O1-010) The following is in response to your request per memo dated December 20, 2001. The referenced design provides a 30-degree turning radius instead of the 50- degree radius required by NFPA 1, Fire Prevention Code (1997), Section 3-5. The same code also requires a minimum 20 ft. roadway width, but the design only provides a15 ft. roadway, with an additional 10 ft. for landscaping. An exception in the code allows these requirements to be modified by the Fire Marshal if the buildings are protected by approved automatic fire sprinkler systems. These buildings are required to be sprinklered. The Fire Marshal will thus allow the deviations, provided the 10 ft. of landscaping be removed or be of a type that would allow the apparatus to pass over it if needed (i.e. grass with a substantial base under it.) CC: Steve Gale, Fire Marshal Quintus Greene, Director of Development Rodger Kemmer, Fire Plans Examiner/Inspector Mike Rumph, Director of Planning & Zoning Lusia Galav, Principal Planner DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01- 242 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION October 31, 2001 Revised 01/03/02 DESCRIPTION OF PROJECT Project Name/No.: Dakota Lofts / NWSP 01- 010 Property Owner: Chans Enterprises, Inc. Applicant/Agent: Location: H.P. Tompkins Jr., agent for Dakota Lofts at Boynton Beach, LLC 3010 South Federal Highway Current Land Use/Zoning: Local Retail Commercial (LRC) and Low Density Residential (LDR) / C-3 and R1AA Proposed Land Use/Zoning: High Density Residential (HDR) / Planned Unit Development (PUD) Type of Use: Multi-family Residential ~ Project size: Site Area: 2 acres No. of Units: 19 Lot Coverage: 0.6 acres / 30% Density: 9.5 du/ac Adjacent Uses: (see Exhibit "A" - Location Map) Proposal: Site Characteristics: North Developed multi-family residential (Colonial Club Condominium); South Bamboo Lane right-of-way, farther south is residential and commercial property outside city limits. The commercial property fronts U.S..1; East Developed single family homes; West U.S. 1 right-of-way, farther west is commercial property outside city limits. H.P. Tomkins, agent for Dakota Lofts of Boynton Beach, LLC proposes to raze the existing Sun Wah restaurant in order to construct 19 luxury townhouse units planned throughout three (3) separate buildings on two (2) acres (see Exhibit "B" - Proposed Site Plan). Each building will either be constructed on Parcel 1 or 2. All buildings will contain three bedroom units. The number of individual units per building will range from (5) units to eight (8) units. In addition, a pool area is proposed on Parcel 2, just west of the end of the canal. A land use amendment / rezoning application (LUAR 01-006) is being processed concurrently with this site plan. The subject property is comprised of three (3) irregular-shaped parcels all under the same ownership totaling two (2) acres. The westernmost portion, "Parcel 1" contains an existing one (1) story commercial building which fronts along U.S. 1. The middle parcel or "Parcel 2" is primarily developed as the parking lot that supports the commercial building. The easternmost portion, "Parcel 3", is primarily a finger Canal of the Intracoastal Waterway. The developer intends to leave the canal intact and to utilize its square footage as a means to increase the project's density potential on Parcels 1 and 2. Currently, a 10-foot wide road easement combined with a 10-foot wide road & public utilities easement runs north and south, dissecting Parcel I and 2. These easements will subsequently be abandoned and relocated via the plat of this site. The houses on Virginia Gardens Drive (to the north of the subject property) currently Page 2 Dakota Lofts - Site Plan S[aff Report Memorandum No. PZ 01-242 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: ingress and egress directly onto U.S. 1. As proposed, the entrance and exit onto U.S. I for the Virginia Gardens Drive houses will be closed and vehicular traffic will' cease once the buildings are built on the subject property. The houses on Virginia Gardens Drive will share the common access drive of the subject property. This access drive will be the only means of ingress / egress for the houses on Vir§inia Gardens Drive. An existing water well on Parcel 2 currently serves the single-family dwellings at 2 Virginia Garden Drive and 821 Bamboo Lane. This water well is considered a community well and unless there are underlying conditions or requirements such as deed restrictions granting water rights to the existing users, it shall be incumbent upon the applicant to either install a new well to serve those residential dwellings or to connect the dwellings to City water if the owner so chooses (see Exhibit "C" - Conditions of Approval). A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach CoUnty Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at'time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering (~ocuments are required. There is one (1) main entrance proposed for the development located along the southwestern border of the site on Bamboo Lane. The development has no curb cuts proposed onto U.S.1 and its only means of access is from Bamboo Lane. The Engineering Division has determined that the right-of-way width and pavement width of Bamboo Lane is deficient. They are recommending that the portion of Bamboo Lane between U.S. I and the proposed entranceway of the development be widened to 22 feet. Because Virginia Gardens Drive (to the north) is a pdvate drive, it is exempt from required roadway upgrades. However, the Engineering staff also recommends a turn-around area be added to the subject site for emergency and service vehicles (see Exhibit "C" - Conditions of Approval). In addition, Fire staff also recommends that this emergency vehicular turn-around area should have a minimum centedine radius of 50 feet. As stated in the Site Characteristics section above, as proposed, the abandoned and rededicated 10-foot wide easements will shift to the west in order to accommodate the new buildings. The subject property's proposed means of ingress ! egress from Bamboo Lane is strategically aligned with this 20-foot wide easement in order to allow for access onto the subject property as well as continued access to the houses along Virginia Gardens Drive. A total of 38 parking spaces are required for the proposed use based on the ratio of two (2) spaces per residential unit. The site plan will provide for such parking in that each townhouse unit will contain a 2-car garage. The garages are dimensioned at minimum 18 feet 4 inches in width by 18 feet 2 inches in length. The actual garage opening will be 16 feet in width. Four (4) parking spaces dimensioned nine (9) feet by 18.5 feet are proposed at the swimming pool area, however, the plan contains no other provision for overflow or guest parking. In addition to the four (4) standard parking spaces, one (1) handicapped space is provided at the pool area, which is a requirement of the American with Disabilities Act. The backup distance for these parking spaces will be 27 feet. The plan does not provide for any on street parking on the roadways because the interior roadways specifically function as drive aisles and will be only 15 feet in width to meet the Fire Safety Code. The landscaping of the site will fully meet code requirements when staff comments are incorporated. The proposed pervious or "green" area is 0.51 acres or 25.5% of the total site. North, south and east landscape buffers are provided as required by code. These buffers will Page 3 Dakota Lofts - Site Plan Staff Report Memorandum No. PZ 01-242 Building and Site: be ten (10) feet in width and contain an array of vegetation. A 20-foot wide front landscape buffer will separate the proposed buildings from U.S. 1. This landscaped buffer will contain 11 Pigeon Plum trees spaced 30 feet apart. The front landscape buffer will also have Redtip Cocoplum and Thryallis hedges with clusters of Crotons and Plumbagos. Three clusters of Sabal Palm trees and Dwarf Fakahatchee Grass are also proposed within this buffer area. The entranceway of Bamboo Lane will have two (2) Purple GloW trees with a flowering annual planted at each tree baSe. The north, south, and east landscape buffers will be at least ten (10) feet in width. They Will contain Gumbo Limbo trees spaced 30 feet apart with a solid row of Redtip Cocoplum hedges functioning as a buffer between the subject property and the existing residential neighborhood. The parking area that serves the swimming pool will have four (4) Silver Buttonwood trees and a row of Redtip Cocoplum hedges. For a more tropical feel, three (3) existing Black Olive trees will be removed near the pool area to accommodate ten (10) proposed Coconut Palm trees that would surround the pool area. The lone dumpster enclosure located near the main entrance will have landscaping on all three (3) sides. This landscaping will consist of Sabal Palm trees, Dwarf Fakahatchee Grass, and Redtip Cocoplum hedges. The sides of each building will contain various trees, shrubs, groundcover, and accent material'such as White Bird of Paradise, Hibiscus tree, Sabal Palm trees, Hawaiian Ti plants, and Wax Jasmine bushes. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. There are four (4) types of units proposed throughout the three buildings (types: A-l, A-2, B-l, B-2). The "A" type unit will be 3,854 square feet in area. The "B" type unit will be 2,.775 square feet in area. Each unit will have their respective garage on the ground floor. The living room / family room will be on the second floor and [he bedroom will be on the third floor. Community Design: The proposed buildings will be three (3)stories high. The proposed development has selected Creamette as the predominant base color. The accent colors, which includes, the trim fascia and columns will be painted Divinity Cream. The roof tile will be constructed of Entegra's Estate 'S' Tile and colored Adobe Clay. The proposed design is preferable for this redevelopment area of the city. The second and third stories will have covered balconies on the front facade. The bottom floor will have an uncovered porch to the rear of the .build ng. There will be no provision for solid roof or screened enclosures. ' Signage: RECOMMENDATION: No project signs are proposed. The subject project is permitted to have one (1) freestanding monument sign at each side of the entrance at Bamboo Lane. This sign may not exceed 32 square feet in area nor be more than six (6) feet in height. Staff recommends that this site plan request be approved contingent upon the approval of the concurrent land use, rezoning, and abandonment requests. Staff also recommends approval of the site plan subject to the platting requirement and all comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S fiPlanning~S HARED\W'PhORO JE CTS'K)AKOTA LOFTS~qW'SP 01-010~staff report REV 1-3 -02.doc LOCATION MAP Dakota Lofts EXHIBIT "A" NIC C3 NOT TO i' EXHIBIT "B" XHIBIT "B"- EXHIBIT "B" ii i EXHIBIT "B" "',~%,.~W, S ~MZ~X~. ARCHITECT .,~;: x.,'.,,,/' EXHIBIT "B" }i~%W. S ~M'~X~,.ARCHITECT EXHIBIT "B" ,~,~,%W. $ ARCHITECT EXHIBIT "C" Conditions of Approval - Revised 01-03-02 Project name: Dakota Lofts File number: NWSP 01-010 Reference: 2nd review revised plans identified as New Site Plan. File # NWSP 01-010 with a December 6, 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code · X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by O'Brian, X Suiter & O'Brian, Inc. dated July 17, 2001, is cOnsidered a community well. It cun'ently serves the dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. It will be a requirement of the applicant to either 1) connect this residential dwelling to city water that is available to it, or if that resident owner elects t.o forgo city water, 2) install a new well to serve the residential dwelling. Comments: 3..The fire engine mm around area at the southeast comer of the subject X property shall have a minimum centerline radius of 50 feet. POLICE Comments: None X ENGINEERING DIVISION Comments: 4. ~ Permits must be obtained for work within the public right-of-way (LDR, Chapter 22, Article II, Section 7). X 5. Show all existing utilities on Site Chamcter/stics Map (Survey) and Site X Development plan (LDR, Chapter 4, Section A.3). Conditions of Approval 2 DEPARTMENTS INCLUDE ' REJECT ~ 6. Show flow data graphically (flow arrows). Provide details for exfiltration X trenches, catch basins, and manholes. Indicate, by note, that storm water will - - be contained on site (LDR, Chapter 23, Article II.F.). 7. Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X Section 9); Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article IV, Section 9). .- 8. Add a note to the landscape plan that within the sight triangles there shall be X unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). Show sight triangles graphically on the site plan and landscaping plan. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. : 9. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article ~ X II, Section 5. 10. Provide signing and striping plans in accordance with the LDR, Chapter 6, X Article II, Section 17 and Chapter 23, Article II, Section B, which identifies all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Also.see City Standard Drawings B-98001 and B-90013 for striping details. 11. Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article II, X Section 5.J., Chapter 9, Section 10.C.3, and City Of Boynton Beach Standard Drawing A-88007. 12. Provide a typical section for parking lot pavement conforming to LDR, X Chapter 23, Article II.Q. t3. If the houses are fee simple, then a plat shall be submitted along with X construction drawings. 14. The road on the south side of the property (Bamboo Lane) is deficient with respect to right-of-way width and pavement width. Bamboo Lane will be X ' required to be widened to 22 feet, to the entrance to the development, to meet minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determined to be a private drive it will be exempted from any upgrades to the roadway. However a mm-around area shall be provided pursuant to Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance with all applicable sections of the Code and LDR. 15. Provide details for water, sanitary sewer, and storm sewer improvements. X Provide detail(s) for the .water line crossing with sanitary and storm sewer. BUILDING DIVISION DEPARTMENTS INCLUDE REYECT Comments: 16. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood · elevation. If there is no base flood elevation, indicate that on the plans. ~ 17. Identify the floor elevation that the design professional has established for the X building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. At time of permit review, provide a'completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 19. At time of permit review, submit signed and sealed working drawings of the X proposed construction. · 20. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the all~., right-qf-way or easement. 21. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required for the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required tobe installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text that would indicate that the symbol .represents the accessible route and the route is designed in compliance with regulations specified in the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the · regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to; providing finish grade elevations along the path of travel. 22. At time ofperm/t review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 23. List on the site plan the site elements for which recreation'credit will be X provided. 24. As a condition of issuance of a land development order for residential X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT planned unit developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and - according to the standards and formula in Chapter 1, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: . 19 d.u. x .015 acres = .285acres ½ credit may be given against the requirement of land dedication or payment of fees. ½ private recreation credit will be calculated as follows: .285 acres / 2 =. 1425 acres The Developer may want to consider dedication of the land, or a combination of dedication and fee. ~ 25. If the property is not required to be platted, the recreation dedication fee will ~ X be due prior to the building permit being issued. 26. Provide to the Parks Division at the close of the construction contract as-built X plans showing locations of irrigation lines in the rights-of-way and medians. 27. In order to earn ½ recreation credit, the developer needs to provide a X minimum of 5 Of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet recreation park needs of future residents of the area: Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Areas Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In the opinion of the Parks Department staff, the recreation elements shown X on the plans do not meet the needs of the future residents. At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the' intent of the recreation dedication requirements for the project. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: DEPARTMENTS INCLUDE REJECT 29. The subject property must be platted prior to the issuance of any building X permits. 30. The ground level HVAC units shall be screened with landscaping. X 31. On the site plan, show the location of all outdoor freestanding lighting poles. X Provide a typical drawing that_!nc!ude_s h~e heigh~_ _an.d color/_m_a._t~_n.'al_gf_a!~ ................ proposed freestanding outdoor lighting poles. " 32. Include a color rendering of all elevations prior to the Community ......................... X .................. Redevelopment Agenc7 meeting. 33. The floor plan (sheets A-I, A-2, B-I, and B-2) must include the scale of the X drawing. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 34. Condition #3 is revised to read "The fn-e engine mm around area at the X southeast comer of the subject property shall have a minimum centerline radius of 50 feet, or alternatively redesi~ed to the satisfaction of the department. 35. Prior to continued review by the CRA Board, resolve water service issue with X adjacent property owners caused by the need to eliminate existing well on subject property. 36. Prior to continued review by the CRA Board, identify legal limits of Bamboo X Lane, and ownership status, on site plan. 37. Prior to continued review, by the CRA Board, enhance north, soiith and west x elevations of westernmost building with architectural details such as scoring, actual or false windows and balconies, etc. in order'to more closely match front elevation. ADDITIONAL CITY COMMISSION CONDTIONS Comments: 38. To be determined. J:\SHRDATA\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS~NWSP 01-01 O\COA revised.doc DEVELOPI~ '~iiT ORDER OF THE CITY COMMI;'~'~"~ON OF THE cITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dakota Lofts APPLICANT'S AGENT: H.P. Tomkins Jr., agent for Dakota Lofts at Boynton Beach, LLC. APPLICANT'S ADDRESS: 2295 Corporate Boulevard #245, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT: New site plan approval for 19 townhouse units in a Planned Unit' Development (PUD). LocATION 'OF PROPERTY: 3010 South Federal Highway DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER Came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further deve opment on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS~DAKOTA LOFTS\NWSP 01-010\Site plan DO.doc Dear Mr. Greene, On behalf of the homeowners potentially affected by the proposed development of the Dakota Lofts townhome project in Boynton Beach, I would like to make the members of the CRA aware of several concerns that still exist. In a meeting held at City Hall Monday, January 7, 2002, the residents & developers met with city officials acting as facilitators. During this meeting, Mr. Greene made the statement that "one size does not fit all" in reference to this project. The area we are dealing with is very unique in that half the residents are city taxpayers and the other half are in a county pocket. Our address is a Delray Beach address but we pay city of Boynton taxes. There are several easements & quit- claim deeds that were presented to the developers by the residents adding confusion to an already complicated situation. All homeowners had received a legal document from the developer's attorney on Saturday, January 5, 2002 stating what would be required of us to continue quiet enjoyment of our properties. This served to create more distrust & chaos amongst homeowners who purchased their properties based on their water rights & the neighboring R1AA zoning. It appeared at the end of the meeting yesterday that a meeting of the minds was feasible by tonight's meeting. My phone began ringing early this morning with concerned neighbors bringing up their various issues. Some want to request the CRA table the issue until all of this new information can be verified. Others are prepared to negotiate toward supporting the proposed zoning change & subsequent development. I am here to let you know that such discrepancies remain. In fairness to the developers, I called Mack Bagley this afternoon to tell him that their were still unresolved issues. He stated that he had been working on the resolution to these concerns most of the day. As it is already close to 5:00 p.m., it was not possible for me to speak to all the residents for their feedback before the meeting tonight. Therefore; I hesitate to make assumptions on behalf of others. To the best of my knowledge, the following issues remain: 1. The reconveyance of the canal rights to all property owners adjacent to the subject canal. These would include non-exclusive rights of use for canal purposes & riparian rights with perpetuity. These rights would be transferrable to all successors to the property. The original quit claim deed was filed in 1952 and confirmed to be true & correct in 1989 however we want to be 100% sure these rights are never compromised. 2. Reverend Dingle of 3 Virginia Garden is in possession of a quit-claim deed granting him an easement from US 1 to his home and would like to see the access via Virginia Garden remain the main access for the three homes there. The curb-cut and street have been used "Your Hometown Realtors" - Located in the Heart of Historic Downtown Boynton Beach 532 East Ocean Avenue * Boynton Beach, FL 33435 - Bus. (561) 738-66t3 * Fax: (56t) 738-791 t o arww. salefishrealty, com for this purpose for ~ period of more than 30 years thus creath.o an implied easement. Mr. Bagley states that this is not a legal easement and thus is not willing to negotiate on this point. He has agreed to absorb the cost for two separate gates at the entrances to the private residences of Bamboo Lane & Virginia Garden respectively. It will be the responsibility of the homeowners to hire a contractor and oversee the installation. The developer will pay the contractor for said installation up to an amount to be agreed upon by January 15, 2002. The developer has agreed to place obscure windows on the east wall of the end-units facing 1 Virginia Garden & 815 Bamboo Lane. The deed restrictions and/or homeowner's association documents will prevent future owners from replacing such obscure windows with any other see-through product. The developer has agreed to provide at it's expense water service to the homes on Bamboo Lane inclusive of meter boxes being brought to those residences. The developer has agreed to create an entrance which is both functional & asthetically appealing as it will serve as the gateway to Boynton Beach and our homes. The residents would like a timeline on construction. We need to know if the project will be built in its entirety or as the units are sold. The concern here is being under construction for an inordinate & unspecified period of time. There are clearly two schools of thought on the proposed project. Many residents feel that anything would be an improvement over the previous Chinese restaurant. Other feel this decision could have a negative impact on the property values in the long term and would prefer to see the R1AA zoning intact. I believe representatives from both sides of this issue will speak during public audience this evening. I know I speak for all the residents when I say we are grateful for the added layer of protection the CRA has given to this project. While we realize your goal is to develop the city, we appreciate your concern for our private property rights. I believe we would all like to see an improvement provided our issues are resolved. Thank you again for your consideration. Sincerely, Kristen Conti Homeowner of 1 Virginia Garden Delray Beach, FL 33483 Tuesday, ~anuary 08, 2002 3.39 PM MLPC (561)272-1042 p.02 MILLER LAND PLANNING CONSULTANTS, INC. 298 PINEAPPLE GROVE WAY DELRAY BEACH, FLORIDA 33444 PHONe · 5& 1/272-0OB2 FAX · 561/272-1042 EMAIL · mlpc(~bel/soulh.net January 8, 2002 LusJa Gatav CIT'f OF BOYNTON BEACH i00 East Boynton 8each Boulevard. Boynton Beoch, Florida 33425 Re: Code Review CDEV 01-005 First Baptist Church - Text Amendment Dear Lusia: Pursuant fo our recent discussions, we respecffu!ly request lha J' the above referenced code review item be postponed from lonight's Community Redeveto preen,' Agency meefing. The purpose of the postponement is fo allow time lo modify the proposed text and take il back fo the Planning & Development Board for reconsideration. Accordingly, we understand that the public hearing schedule would be as folJows: Planning & Development Board Community Redevelopment Agency City Commission January 22 7:00 om February 12 &:30 pm February 19 6:30 pm We appreciate your cooperation with this matter and v/iii be providing you the amended text shortly. Should you need any addJh'onal information, please call. I will assume that I do not need to attend tonight's meeting unless I hear from you other'wise. Sincerely, MILLER LAND PLANNING CONSULTANTS, INC. Fax CoDy to: Paul Worrelt Cliff Meiear C:\M L P C\PROJECT$\Rr~t acptL~ Church\go[ay 010802.,m3d DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-005 VIII. B. SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION January 3, 2002 DESCRIPTION OF PROJECT Project Name/No.: MAROUF CARWASH / NWSP 01-017 Property Owner: Zuhair Marouf Applicant: Zuhair Marouf Agent: Beril Kruger of Beril Kruger Planning & Zoning Consultants Location: A portion of lots 4 & 5 of Sam Brown Subdivision, approximately 137 feet east of U.S. 1, north of Las Palmas Avenue Land Use/Zoning: Local Retail (LRC) / Community Commercial (C-3) Type of Use: Automated Carwash Facility Project size: Site Area: 0.23 acres (9,908 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North A multi-family residential property, zoned C-3; South Las Palmas Road right-of-way, and farther south is a restaurant parking lot, zoned C-3; East A single-family residential dwelling part of Las Palmas development, zoned R-1AA; and West A gas station, zoned C-3. Site Characteristics: The subject property is currently zoned Community Commercial (C-3) zoning district. The Sam Brown Jr's Subdivision was platted in 1924 with typical lot sizes varying between five (5) acres to ten (10) acres. Subsequent to platting, some of the original parcels had been subdivided to create smaller parcels. It is a rectangular-shaped tract of undeveloped land located in Planning Area Number 1 of the Federal Highway Corridor Study. On May 15, 2001, the City Commission approved a variance (ZNCV 01-008) to allow the development of a carwash facility on this 9,908 square foot parcel in lieu of the 15,000 square foot minimum lot area required by the C-3 zoning district. The survey shows that a Royal Palm and Sabal Palm tree are located on the property. Proposal: Mr. Beril Kruger of Beril Kruger Planning & Zoning Consulting is requesting site plan approval to construct an automated 1,490 square-foot carwash facility and an accessory 375 square-foot "Knock Down Detail Tent" on the above- referenced lot (see Exhibit "B" - Proposed Site Plan). As currently proposed, the main building would be comprised of a wash bay, carport, and storage area. One (1) employee will be present onsite during regular business hours to collect money for the car-wash service. Although the same property owner proposing the car wash is the same property owner as the abutting gas station Page 2 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02-005 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: could be sold off to another party in the future. The entire project is to be constructed in one phase. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Traffic Division has determined that the proposed project generates less than 200 new daily trips, and therefore meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of one (1) main entrance providing access from Las Palmas Avenue. The driveway would be 24 feet in width. The project intent is to have a fully automated car wash for customers who would remain in their vehicles as they drive through the facility. The entranceway will be closed with a rolling 5-foot high gate during non-business hours. According to Chapter 2, Section 11.H.5 no fewer than four (4)-parking spaces shall be provided for any nonresidential use. However, the Land Development Regulations do not specifically address the parking requirements for automated car wash facilities. The site plan provides one (1) parking space in the carport. It is staff's determination that the site plan meets the intent of the Code based on the use, characteristics, and performance of an automated car-wash facility. Customers remain inside their vehicles, drive through the car wash facility, and exit the site without the need for on-site parking, similar to accessory car washes of contemporary gas stations. The nature and operation of said business requires one on-site employee to monitor, handle, and accept payment for service. Only one (1) parking space is necessary to accommodate this employee. It is the intent to discourage individuals from parking their cars at the facility, walking to and from the gas station, and working outside their vehicles on the subject property for activities such as detailing, vacuuming, etc. Limiting the amount of on-site parking will minimize potential impacts to the adjacent reSidential neighborhood. Also, no pedestrian traffic from an automated car-wash facility is anticipated. The proposed pervious or "green" area is 1,891 square feet or 19.09% of the total site. The landscape plan exceeds the minimum landscape requirements for a commercial property. The front landscape buffer will contain Pink Ixora, Indian Hawthorne, and Viburnum. The two (2) proposed Yellow Elder trees, considered as "signature trees" must be relocated from the swale to inside the property line, within the front landscape buffer. All plant material proposed outside the property boundary would not count towards meeting minimum on- site landscape requirements (see Exhibit "C" - Conditions of Approval). The landscaping proposed within the safe-sight triangles shall be maintained between two and one-half (2 ½) feet and six (6) feet above the pavement in order to provide unobstructed cross-visibility. The applicant has placed a note Page 3 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02-005 Building and Site: Community Design: Signage: on the landscape plan outlining this requirement of the Engineering Department. The landscape strip that separates the building from the drive-through lane will contain sod, a Sabal Palm tree, and Redtip Cocoplum hedge. The west landscape buffer will contain a Royal Palm, three (3) Sabal Palms, and a Pigeon Plum tree. The majority of this strip will be occupied by the existing five (5) foot high masonry wall. The north landscape buffer will consist of Pigeon Plum and Dahoon Holly trees spaced approximately 12 feet apart. The plan proposes a concrete block wall six (6) feet in height along this rear property line. In the east landscape buffer, abutting the residential neighborhood, Dahoon Holly and Pigeon Plum trees will be planted to overlap each other. These trees will be spaced approximately 12 feet on-center and will exceed the standards normally required when commercial properties ab:ut residentially-zoned properties. This landscape buffer will also contain :Viburnum hedges and a concrete block wall six- (6) feet in height. The combination of the trees and wall will form a formidable screen from the residentially zoned property. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. A masonry wall six (6) feet in height has been provided along the north property line to buffer the subject property from the residential buildings and along the east property line from the residentially zoned property (Las Palmas). To minimize the visual impact of this project on the residential area, staff recommends that the wall be enhanced with details such as scoring, cornices, cap, etc. The landscape buffer coupled with the walt (lower level buffer) and the proposed trees (upper level buffer) will provide a formidable barrier between the subject property and the residential neighborhood. The proposed building will be a one-stow structure with the top of the cupola to stand 32.83 feet in height. The maximum allowable height in the C-3 zoning district is 45 feet. The top of the ridge (the majority of the roofline) will be 27.83 feet in height. The design of the building is to resemble a single-family residence in order to blend with the adjacent residential neighborhood. The main building colors will be Benjamin Moore "San Antonio Gray" with Benjamin Moore "Brilliant White" accents. The front raised panel metal door will be painted Benjamin Moore Chrome Green. The top portion of the cupola appears to be a light blue-green. The cement roof tile will be colored gray and be of the fiat broom swept variety. The applicant is proposing one (1) monument sign to be located in the southwest corner of the site within the front landscape buffer. The sign will stand five (5) feet - six (6) inches in height and be six (6) feet wide. The monument sign base would be made of stucco clad masonry material and painted to match the building. It will have six (6) inch smooth textured stucco decorative opening banding. The sign face would be 15 square feet in area and consist of a custom acrylic sign panel. No wall signs are proposed. Page 4 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02-005 RECOMMEDATION: Earlier this year, a variance was approved for the automated car wash facility for a lot that does not meet the minimum lot size criterion of the C-3 zoning district. Staff recommends that this site plan request be approved contingent upon the project's ability to successfully comply with the comments included in Exhibit "C"- Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS~uhair MarouflNWSP 01-017\staff report, doc LOCATION MAP Zuhair Marouf Proposed Car Wash !=13 0 0 0 1/8 MILES F E r~ T ! LAS PALMAS AVENUE ~ "'~ "' ~,,,,.....~ '~ BOYNTON BF. EACH, FLORIDA 33435 .~',~- EXHI¢ Marouf's Car Wash Bo)mt, on Beach, FL EXHIBIT "B" MAROUF'S CAR WASH LAS PALMAS AVENUE BOYNTON BE. ACH. FLORIDA 33435 t ] ~ EXHIBIt It Marouf's Car Wash Boynton Beach, FL EXHBIT "C" Conditions of Approval Project name: Marouf's Car Wash File number: NWSP 01-017 Reference: 2ndS~review plans identified as New Site Plan. Planning and Zoning Department date stamp marking. File # NWSP 01-017 w/th a December 18, 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES · Comments: 1. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-26(a)). 2. A grit chamber will be required on the discharge side of the wastewater lateral. Oil-water separator appurtenance will be required on the discharge wastewater lateral. Show the proposed location of these units on the site plan. FIRE Comments: 3. Design documents where underground water mains and hydrants are to be provided; must demonstrate that they will be installed, completed, and in service prior to construction work per NFPA 1, (1997) Section 41-2.3.2: POLICE Comments: None ENGINEERING DIVISION Comments: 4. On site development plan show proposed off-street parking spaces, proposed sidewalks, including location, dimensions and setbacks, traffic control markings and signage. (LDR, Chapter 4, Section 7.B.2). 5. On the site development plan show proposed location of site lighting (LDR, COA 01/03/02 2 DEPARTMENTS INCLUDE I REJECT Chapter~4, Section 7.B.4). 6. SidewalkS.Sh~,be four (4) feet wide along local streets, and fi~feet wide along streets ofh~t~ classification (LDR, Chapter 6, Artif~!e~IV, Section 10.T, and Chapter 22,~icle I, Section 5). This cond~n may be omitted if an administrative sidewalk~aiver is approved. 7. S' s adjacent to parking lots'~ll be CO/nlinuous through all driveways and shall be six (6) inches thick withi~¢v~eways (LDR, Chapter 23, Article II, Section P). This condition may be/o~ed if an administrative sidewalk waiver is approved. ~j 8. ' ks shall meet or exc/eed State Handicap ~,,de requirements and comply with the Standarjt/Building Code and amen"dments thereto (LDR, Chapter 23, Article II,~S'ection K). This condition may be omitted if an administrative side/,v~Ik waiver is approved. 9. Proof of other agency permits shall be required prior to the issuance of the paving and drainage permit. BUILDING DIVISION Comments: 10. Identify on the site plan drawing the actual distance that the building is set back from the north, east, south and west property lines. Please note that overhangs, covered watkways, canopies, awnings or other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awnings, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations specified in the Zoning Code. 11~. To verify that the proposed building is in compliance With the applicable building setbacks, show and dimension on the site plan the width of the building overhang. Also, identify the size or width of the covered walkways, awnings, canopies and/or other roofed areas that extend out beyond the main walls of the building. 12. At time of permit review, submit signed and sealed working dra~vings of the proposed construction. ' 13. The "Knock down detail tent" shall meet wind load requirements, flame spread and Building Code requirements PAR_KS AND RECREATION Comments: COA 01/03/02 3 DEPARTMENTS INCLUDE REJECT 14. Submit detailed irrigation plans for right-of-way landscape and site work improvements during the construction document permitting stage, for review and approval by the Parks Department staff. Include on the plan location of any existing irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 15. The hours of operation shall be limited to 7 am to 7pm, seven (7) days per week. 16. Place a "No left turn" sign and / or other traffic controlling mar!rings at the project exit to deter vehicular traffic from going through the residential neighborhood to the east. 17. Provide a detail of the five (5)-foot high rolling gate. The detail should include the dimensions, color, and mater/als used. 18. Relocate the Yellow Elder trees at the project entrance so that they are planted within front landscape buffer inside the property boundary and not outside in the swale (Chapter 7.5, Article II; Section 5.D.). 19. The plan exceeds the minimum landscaping requirements. However, no credit will be given proposed plant material located outside the property line, such as in the swale. Modify the landscape counts for the Pigeon Plum, Indian Hawthorne, Gold Lantana and any other plant material proposed outside the property line. 20. Construction of the wall shall be completed pr/or to the issuance ora certificate of occupancy or certificate of comPletion (Chapter 2, Section 4.L.). Staff recommends that the wall be enhanced with details such as scoring, cornices, cap, etc. 21. All required trees in the landscaPe buffer adjacent to the Las Palmas Avenue right-of-way shall be at minimum 12 feet overall height and 3 caliper inches when planted (Chapter 7.5, Article II, Section 5.C.2.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 22. To be determined. I COA 01/03/02 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 23. To be determined. MWR/elj J:\SHRDATA\Planning\SHARED\WP\PROJECTS~uhair Marouf~NWSP 01-017\COA.doc DEVELOPM-~",IT ORDER OF THE CITY COMMI?~,ION OF THE c,, I'Y OF BOYNTON BEACH, FLORIL, A PROJECT NAME: Marouf's Car Wash APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16t' Street, Delray Beach, Florida 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT: New Site Plan to allow an automated car wash facility. LOCATION OF PROPERTY: Las Palmas Avenue & North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS~Zuhair MarouflNWSP 01-017\Develop. Order Form~2001-Revised.doc CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Balance Sheet for period October 2001 - Sepember 2002 1 2001/2002 Beginning Balance Budget Revenues October November December Total TIFTaxes $ 943,240 ! $ $ $ 945,684 $ 945,684 Interest Income (Equity Account*) 35,000 na na · na - Interest Income (LGIP Account**) 40,000 2,742 2,257 Ine 4,999 Fund Balance Appropriated 3,925,000 - Other - Total Budgeted Revenue $ 4,943,240 $ 2,742 $ 2,257 ~ $ 945,684 $ 950,683 Expenditures Personnel Cost 158,669 100 100 Professional ServiceS - Legal Fees 25,000 1,725 2,700 4,425 Professional Services - Staff Fees 25,000 - Professional Services - Audit Fees 350 Mileage Reimbursement 2,400 Business Meetings 950 77 42 119 Copy Machine Rental 4,000 ! Office Rental 8,400 - Computer Maintenance 8,400 - Printing & Binding 1,500 Advertising 2,500 326 326 Other Contractual Services 35,000 - 1,125 1,125. Licenses Fees & Permits 175 175 175 Fagade Program 50,000 - - ' Off ce Supplies 600 22 22 Memberships 1,600 200 200 Career Development 500 Land Acquisition 3,726,971 - ORA Improvements 247,325 - Furniture & Fixtures 10 600 I Principal Payment 114,800 1 Interest Payment 214,500 Bond Issuance Expense 4,000 - Rsv. For Future Approp. 300 000 [-otal Budgeted Expenses $ 4,943,2405 552 $ 2,093 $ 3,847 $ 6,492 !001/2002 revenues over(under) Expenses $ - $ 2,190 $ 164 $ 941,837 $ 944,191 ENDING FUND BALANCE $ 3,991,622 $ 3,991,786 $ 4,933,623 $ 4,933,623i Office of Financial Mamagement ~. Budget P. O, Box 1989 YVest Palm Beach. FL 53402-1989 (561) 555-4034 Fax: (561) 355-2109 www. pbcgov, com Palm Beach County Board of County Commissioners Warrea H. Newell. Chairman Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Butt Aaronson Tony Masilotti Addle L. Greene County Administrator Rober~ Weisman 'An Equal Opportunity Affirrnative A etion Employer December 21, 2001 Ms. Octavia Sherrod Community Dev. Prog. Specialist, Community Dev. Dept. B0ynton Beach Community Redevelopment Agency 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Dear Ms. Sherrod: On December 20, 2001, the Palm Beach County Property Appraiser issued the Final Tax Roll valuations. Enclosed is the Community Redevelopment Agency payment of $ 347,959 for FY 2002 from the Board of County Commissioners in conformance of Chapter 163.38'7, FS., calculated as follows: Base Year Value: FY 2002 Final Tax Value: Final Tax Increment: FY 2002 County Operating Millage: Incremental Revenue: Statutory Reduction Factor: Final Tax Increment Revenue: $291,906,169 372,405,731 80,499,562 4.5500 366,273 .95 347,959 Sincerely, Liz Bloeser, Budget Director Office of Financial Management & Budget cc: Richard Roberts, OFMB Director John Dame, Chief Deputy Clerk Gary Nikolits, County Property Appraiser Diane Reese, Finance Director, Boynton Beach ~ printed on recycled paper ,VOICE NUMBER FY200i-2002 ,,.:BOARD OF COUNTY COMMISSIONERS' COUNTY OF PALM BEACH -- GENERAL OtSBURSEMENT PURCHASE ORDER NUMBER DESCRIPTION OZSPMJO0439 CRA T!AX INCREMENT REV,OISB. OHECK NO. O1310313 01310313 NET 347,959.0 PAY! E.XA CTLY.~*e347. 959DOLLARS ~DETACH BEFORE CASHiNG~ BOARD OF COUNTY COMMISSIONERS -: · ..- ,.~_ ~'- ~.- 63~130212 COUNTY OF PALMBEACH.::.~,?: .-~;:::i,:i -{.i:~ wEST PALM BEACH, F~RjDA-::-i:~'~!~?' GENERAL DISBURSEMENT ACC;OUNT FIRST UNION NATIONAL, BANK OF FLORIDA.--':* -[_:- JACKSONVILLE, OFFICE (~q-::~ :~'-.'.. :~':~:'~ , .-t · . ~:,_ .. JACKSONVILLE, FL 32231 5--'t~ _.t.~: .- .'~ '-b~.. DATE AND OOCENT S 12~21~0I OHECK NO. AMOUNT 01310313 959.00':? Il" l, 3 l,O ::{ }, 3,' Ken Wong Tax Roll Coordinator Governmental Center - Fifth Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561)355-2681 Fax: (561)355-3963 Gary R. Nikolits, CFA Palm Beach County Property Appraiser December 18, 2001 Ms. Diane Reese, Director Boynton Beach CRA - Comm 83 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-0310 ;71,: .-~ ...... Dear Ms. Reese: The-following represents the 2001 Final Tax Roll valuations for the Boynton Beach CRA - Comm 83: Final Just Value (before exemptions) Final Taxable Value (after exemptions) Sincerely, Ken Wong, Tax Roll Coordinator $68,677,547 $61 ,O47,999 , Ken Wong ~ Tax Roll Coordinator Governmental Center- Fifth Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561)355-2681 Fax: (561)355-3963 Gary R. Nikolits, CFA Palm Beach County Property Appraiser December 18, 2001 Ms. Diane Reese, Director Boynton Beach CRA - Comm. 89 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Dear Ms. Reese: The following represents the 2001 Final Tax Roll valuations for the Boynton Beach CRA - Comm. 89: Final Just Value (before exemptions) $33,244,218 Fin al Taxa ble Value (after exemptions) Sincerely, $18,306,392 Ken Wong Tax Roll Coordinator Governmental Center. Fifth Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561)355-2681 Fax: (561)355-3963 Gary R. Nikolits, CFA Palm Beach County Property Appraiser December 18, 2001 Ms. Diane Reese, Director Boynton Beach CRA - Residential 89 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Dear Ms. Reese: The following represents the 2001 Final Tax Roll valuations for the Boynton Beach CRA - Residential 89: Final Just Value (before exemptions) $396,258,642 Final Taxable Value (after exemptions) $293,051,340 Sincerely, Ken Wong, CFE~'~'--~ Tax Roll Coordinator 0 CD ~ ~ir. m 00 v-. 0o × 0 0 (.000 kO 14) 0o00 · v ~.. c5 o CD V.A. 2 Dec-28-01 09:39A December 28, 2001 [lEG z 2001 DEPARTMENT OF DEVELOPI;qENT VIA FACSIMILE Mr. Quintus L. Greene, AIA, AICP Director of Development The City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 3t0 Boynton Beach, Florida 33425-0310 RE: Task Authorization No. Three Price Proposal Dear Mr. Greene; Based on discussions at the December 11,200i CRA board meeting, The Urban Group, Inc. is now forwarding our price proposal to acquire CRA.'s designated sites. The Urban Group's price proposal has been structured as a unit fee with milestones, This will limit the City's expenses to the work performed per parcel and through certain phases of the acquisition process. Units and/or Milestones not reached will not be invoiced. Should you wish to discuss this proposal any further you may reach me at (888) 522- 6226, extension 127, Sincerely, Jim NaCdi Vice President NC. CC: Dale S. Sugerman, The City of Boynton Beach Howard Steinholz, The Urban Group, lnc. The Urban G,'oup, lltc, ,, ]424 5c~,JIl~ Andrcws Avenue - Suite 200 * Fort Laudcrdalc, Florida 333]6 TEf,EPHONE, 954-522-6226 * PAX 954-522-6422 TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-002 Chairman and Members Community Redevelopment Agency Board Quintus Greene Director of Development Michael Rumpf Planning and Zoning Director December 31, 2001 CODE REVIEW CDRV 01-005 1) Definition of Building Height 2) Height Exception - Church Building Height The above-referenced request was considered by the Planning and Development Board on December 26, 2001. The Board, with a 4-3 vote, recommended that the request be approved. Due to the potential impact of this request upon property within and outside the Community Redevelopment Agency, this item is to be reviewed by both the Planning and Development Board and Community Redevelopment Agency prior to City Commission consideration on January 15, 2002. S:'~PIannin~SHARED\WP\PROJECTS\Iqrsr Baptist Church of BB\CDP. V 01-005\CDRV02-002 memo CRA Bd.First Baptist Church.doc TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-001 Chairman and Members Community Redevelopment AgencY Board Quintus Greene Director of Development Lusia Galav, AICP Principal Planner December 31,2001 CODE REVIEW CDRV 01-005 1) Definition of Building Height 2)- Height Exception - Church Building Height NATURE OF REQUEST Mr. Bradley Miller, AICP, of Miller Land Consultants, Inc. representing the First Baptist Church of Boynton Beach is requesting a code review regarding changing the definition of building height and allowing a height exception for church height. The request was presented as follows: · Amend Chapter 1- General Provisions, Article ll- Definitions as follows: "Building Height means the vertical distance in feet from finished grade to the hi?~est point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height bet;veen eaves and the ridge of gable, hip and ,zambrel roofs, measured from the grade." Amend Chapter 2- Zoning, Section 4, F. 2. as follows: "Water, cooling and fn:e towers, radio and television towers of commercial nature, church spires and church hei.aht, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations provided herein, after obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragaph 3 beloxv." Page 2 Building Height - CDRV 01-003 Memorandum No. PZ 02-001 BACKGROUND In conjunction with this code review, the applicant has submitted a site plan application. The site plan proposal is for the expansion of the First Baptist church at the northwest comer of Boynton Beach Boulevard and Seacrest Boulevard. The church intends to build a new 600-seat sanctuary. The new sanctuary wilI have a mean height (between eave and peak) of 44 feet. A structural component known as "the fly"'is 52 feet high. The church steeple will reach a maximum height of 72 feet. The First Baptist Church property is located in C-3 and R-1-A zoning districts. The new building will be located in the C-3 zoned portion of the site allowing a maximum height of 45 feet. This request for code review regarding height affects development citywide. There are two advisory boards providing recommendations to the Commission regarding development in the City of Boynton Beach. The Planning and Development Board and the Community Redevelopment Agency will both review this request. ANALYSIS Definition of Buildin~ Height The current definition of building height is as follo~vs: BUILDING HEIGHT - The vertical distance between a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEIMA and other agencies, such as the South Florida Water Management District, and the apex of the highest roof. The city's definition of building height has been questioned by several applicants/developers in the past. The complaint is that the measurement of height ro the peak of roof is far too restrictive asserting that the type or style of roof should be taken into consideration. Staff reviewed the definition of building height used by three municipalities: City of Delray Beach, City of West Palm Beach and City of Pompano Beach and for Palm Beach County. All four definitions use finished grade as the starting point but they all differentiate between roof style to determine the highest point of measurement. Table 1, provides the text for these definitions. The text of the definition as proposed by the applicant is identical to the Palm Beach County version. Staff is amenable to amending the definition of building height to accommodate differences in roof type. The research veil ties that this is a more practical approach and accepted standard practice. Page 3 Building Height - CDRV 01-003 Memorandum No. PZ 02-001 TABLE 1 Definitions of Building Height City of Delray Beach City of West Palm Beach City of Pompano Beach Palm Beach County Jurisdiction Definition The vertical distance from grade to the highest finished roof surface of a fiat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. The vertical distance from the mean grade of a lot at the frontage of the building to the highest point of the top of structure of a fiat roof, or to the deck line of a mansard roof, or to the mid-height level between eaves and ridge for gable, hip and gambrel roofs. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building, to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. However, the permissible building dimension shall be decreased or increased one foot for each foot or fraction thereof in excess of five feet that the average elevation of the proposed finished grade is higher or lower respectively, than the curb level of the established grade of the street upon which the proposed building fronts. The vertical distance in feet from finished grade to the highest point of roof for flat roofs; to the deck line for mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the grade. Church Height The current regulations for height limitations and exceptions include church spires in the list of items considered for an exception. There is an application procedure and list of criteria that must be considered in order for the City Commission to grant a height exception. Applications are reviewed on a case by case basis in determining the appropriateness of allowing additional height beyond the district regulations. In the case of the First Baptist Church, the proposed expansion will include an application for a Page 4 Building Height- CDRV 01-003 Memorandum No. PZ 02-001 height exception for the 72-foot church spire feature. The building design alsc~ includes provisions for a "fly" or space over a theater stage where scenery and equipment can be hung. To accommodate the fly a portion of the roof must be designed at a height of 57 feet. This prompted the request for "church height" to be added to the list of items which may be considered for a height exception. When reviewing the code, staff must not only consider the circumstances of the specific request but how a change in the code will affect development throughout the city, Churches are unique structures having architectural features specific to that type of use, namely to worship. These architectural features can be symbolic or specific to the type of activities going on in the building, like dramatic or musical presentations and pageants. Churches are a permitted use in all residential and commercial zoning districts in the City of Boynton Beach. One of the purposes of height controls is to encourage development that is harmonious in scale and compatible with existing development. The height exception review process outlined-in Chapter 2, Section 4. F.3. provides eight (8) criteria that must be satisfactorily addressed before approval is considered. As written, these criteria provide a reasonable basis with which to review church heights on-a case by case basis for necessity and neighborhood compatibility. RECOMMENDATION Based on the previous analysis, staff supports both code review requests submitted by the applicant. Staff recommends that the City of Boynton Beach Land Development Regq.tlations be amended as requested. It should be noted that staff support of this code amendment does not represent automatic support of the proposed site plan as submitted. The site plan and height exception for the First Baptist Church will be considered for approval as separate applications at a later date. lg Exhibits S 5PIanning\SHARED\WP~PROJECTS~First Baptist Church of BB\CDRV 01-005\CDRV 02-001 .Staff Report.doc ROOF TYPES-': rigin; akin to ON gaff gable m more at ~ ~ C£~'HAt.lC] 1 a: tile verlical triangular 1 ~. "-~.~r'---c~'/~&~, end of a building from cornice or eaves "~-,~_~ /~ to ridge b: the similar end ora ~m- ._~_~_~ ~/'.~ brel rdof ¢: the end wall of a building ~.~.~.~,.'~ 2: a trianghlar furniture or building ~~ ~ · ~.ri · ' i, · ~7:. I.~ ~' ~ ' :- ga.bled x.'bald\'ddy: built With a ga - · ' ' ' · gable roof h : a double-sloping~r~f . ~, gables la that roms a gable at tach end ' -. ~'~r'~[-I;~ '~ .T'~"~'~r6 roo¢ 8f the same section in all parts ~th a lowek s~¢er slope .' ~..'- ' and ~n up~r na~?r 9.9e... ~ gambrel roof . ~e, fr. Fr~ois ~an~rt ~1666 F '-':~'- on all sid~ with the low~ slo~ st~r than the up~e~ one sar~.ed X-~X ,adj ' man.rd roo~ 7 Members Four 4-year Terms One 3-year Term One 2-year Term One 1-year Term LAST NAME F1'RST EXP'[RES ADDRESS PROFESS'rONAL NAF,IE ASSOCI'ATI'ON Aguila .lose 6/20/04 800 SW 1st CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1st AVE 4 yr. term (561) 737-8894 Delray Beach, FL 33444 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 2 yr. term (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23RD CRANBROOK Edward Jones & Company DR 901 N Congress Avenue, Ste B- 1 yr. term BOYNTON BEACH 33436 101 (561) 737-0793 Boynton Beach, FL 33426 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 4 yr. term (561) 375-8807 Boynton Beach, FL 33435 C/l~/r (561) 736-9790 Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 Vice Chair (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 3 yr. term (561) 736-8668 100 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7040 millman Henderson 1/10/05 54 BENTVVATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 Jog Road 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 12/11/2001 1:07 PM The City of Bo vnton Beach Cit~ Clerk's Office 100 E. Boynton Beach Boulevard P.O. Box310 Boflnton Beach, Florida 33425-03 i0 (561) 742-6060 FAX: (561) 742-6090 OFFICE OF THE MAYOR January 2,2002 Ms. Michelle Hoyland 926 Sunset Road Boynton Beach, FL 33435 Dear Ms. Hoyland Based on Ordinance 01-60 adopted at the regular meeting of the City Commission on December 18, 2001 (see attachment), I must advise that you have been absent from the following three regular meetings of the Community Redevelopment Agency: July 10, 2001 October 9, 2001 December 11, 2001 This will serve as notification that one additional absence will cause your Board membership to be terminated, and a replacement will be appointed. Very truly yours, CITY OF BOYNTON BEACH Mayor Attachment cc: City Commission City Representatives (Quintus Greene) Board File Warnings/Removals bram \\ch\main~shrdata\cc\wp\boards\warnin'~l~t~et~a~;~l~uni~j/A//irrnafive Ac~,'on/ADA £rnp]oyer" The of Bofnton Beach City Clerk's O~ce I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 ~561) 742-6060 FAX: (561) 742-6090 OFFICE OF THE MAYOR January 2,2002 Mr. Josh Aguila 800 SW 1 Court Boynton Beach, FL 33426 / Based on'Ordinance 01-60 adopted at the regular meeting of the City Commission on December 18, 2001 (see attachment), I must advise that you have been absent from the following three regular meetings of the Community Redevelopment Agency: June 12,2001 July 10,2001 September11,2001 This will serve as notification that one additional absence will cause your Board membership to be terminated, and a replacement will be appointed. Very truly yours, CITY OF BOYNTON BEACH Gera~rooning Mayor AEachment cc: City Commission City Representatives (Quintus Greene) Board File Warnings/Removals bmm , .... ,, ' a mt 'lA rmat~ve Action~ADA Employer \\ch\main~shrdata\cc\wp\boards\wamin~,~;tn~F ~ ~ ~ COMMUNITY REDEVELOPMENT AGENCY Schedule of Regular Meetings 2nd Tuesday of each month Commission Chambers Room Boynton Beach City Hall 6:30 P.M. 3anuary 2002- December 2002 3anuary 8 February 12 March April 9 May 14 3une 11 3uly 9 August 13 September 10 October 8 November 12 December 10 COMMUNITY REDEVELOPMENT AGENCY Tuesday~ December :[:1, 200:1 Commission Chambers Rm. Boynton Beach 6:30 P.M. I. Call to Order II. Roll Call III. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. IV. Approval of Minutes V. Director's Report: A. Financial 1) November 2001 Financial Statement 2) Property Acquisition - The Urban Group (_lim Nardi) B. Project Updates !) Federal Hwy 2) Heart of Boynton (MLK) 3) Ocean District 4) Marina/Promenade/Riverwalk 5) Way-Finding Signage C. Future Agenda Items D. Commission Action VI. Unfinished Business Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VII. Public Hearings: Site Plan: VIII. IX. X. XI. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request for site plan approval to construct 19 multifamily town homes on two (2) acres. Staff recommends tabling until .lanuary 8, 2002 for CRA review, and until .lanuary 15, 2002 for Commission review. New Business: A. Discussion of agenda and date for proposed January 2002 Workshop. Public Audience Other Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect To any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of ~he proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shal furnish appropriate auxiliaw aids and services where necessary to afford an individual with a disability an equal opportunity To partici pate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours pdor to the program or activity in order for the City to reasonably accommodate your request. November 19, 200I ViA Mr. Quintus L. Greene, AIA, AICP Director of Development The City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton B,each, Florida 33425-0310 RE: Task Authorization No. Three Proposed Scope of Work, Acquisition/Property Management Services DearMr. Greene; Pursuant to our meeting Wednesday, November 14, 2001, following please find our proposed scope of work for acquisition and property management services. The Urban Group, Inc. proposes to: Negotiate sate/purchase contracts for City's selected sites. Provide administrative assistance in written status reports and attendance at required meetings. Coordinate efforts of City consultants, (appraiser, closing agent, environmental consulting and demolition contractors) as needed. Post dosing efforts including secudng structures and demolition. Maintain confidentiality throughout this assignment, or as directed. The Urban Group understands this acquisition project to contain 19 lots with 5 ownerships. The Urban Group will also include the Relax Inn as an acquisition parcel in this assignment. A key to this project will be a timely demolition of acquired parcels which will avoid the opportunity for vandalism, Upon approval of this scope of work by yourself and Mr. Dale Sugerman, The Urban Group will prepare a price proposal for the City's review. Should you wish to discuss this assignment further you may reach me at (888) 522-6226, extension 127. Sincerely, THE URBAN GROUp,~INC. Jim Nardi Vice President cc: Dale $. Sugerman, The City of Boynton Beach Howard Steinholz, The Urban Group, Inc. VIA FACSIMILE # (561) 742-6298 OctolSer 10, 2001 Dale S. Sugarman, Assistant City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33,~25-0310 Subject: Real Estate Administrator Services RF(~ # 075-2413-0:~/KR Dear Mr. Sugarman: Pursuant to our conversation, I am forwarding a .lob Classification rate spreadsheet for you to review. This form is based on the Scope of Services within the RFP. Along with the rate schedule, is a Cost Estimate Work Sheet that will be used to establish the fee for each Task Assignment. The fee will be negotiated with each TA. .lim Nardi is the project Point of Contact for further discussions, andl Task Assignments. If _lim is unavailable, I will be the Alternate Point of Contact. My E-mail address is hsteinholz@theurbangroup.com. My telephone number is (954) 522-6226. Yours truly, THE URBAN GROUPf INC, Howard W. Steinholz ~ President/CEO Accompanying Documents Cc: 3im Nardi, Vice President, TUG Bruce Bradley, SR/WA, Right of Way Manager, TUG The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fo~t Lauderdale~_Elorida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 The Urban Group, inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 JOB CLASSIFICATION RATES Job Classification Real Estate Administrator Real Estate Services Acquisition Administrator Sr. Real Estate Agent Right of Way Agent ReloCation Services Relocation Administrator Sr. Relocation Agent Relocation Agent Property Management Services Property Management Administrator Sr. Property Management Specialist Property Management Specialist Brokerage Services Leasing/Disposal Agent Closing Facilitator Reasearch Coordinator Real Estate Analyst Adminstrative Services Accountant Accounting Clerk Secretarial/Clerical Information Technology Services System Engineer Computer Technician Data Processor 2001 2002 2003 2004 Rates Rates Rates Rates 122.94 126.63 130.43 134.34 108.48 111.73 115.09 118.54 94.02 96.84 99.74 102.73 88.23 90.88 93.60 96.41 108.48 111.73 115.09 118.54 82.44 84.92 87.47 90.09 75.21 77.47 79.79 82.19 108.48 111.73 115.09 118.54 86.78 89.39 92.07 94.83 79.55 81.94 84.40 86,93 65.09 67.04 69.05 71.12 57.86 59.59 61.38 63.22 50.62 52.14 53.71 55.32 43.39 44.69 46.03 47.42 65.09 67.04 69.05 71.12 47.01 48.42 49.87 51.37 39.05 40.22 41.43 42.67 115.71 119.18 122.76 126.44 86.78 89.39 92.07 94.83 36.16 37.24 38.36 39.51 Page 1 Revised 10/10/01 d UJ Oz FRAMING the of November 21, 2001 Quintus Greene, Director Community Redevelopment Agency City of Boynton Beach P O. Box 310 Boynton Beach FL 33435-0310 Good morning! Following up on the suggestions made at the City Commission meeting, we ask that you recommend that the CRA include, in addition to provisions for exceptions to land uses after an act of God has destroyed a building, a provision for protection of businesses which have been leasing their buildings. , A provision mig qt be that if a lessor is found to h~ave~n~r.e~sed the rent fo/a~.r~n;(~l of a lease by more than the sum of: (1) an increase in taxes, (.. ~,--,,,.,~) ' cement based on th~ change in Consumer Price Index, and (3) a factor such as 10% for coverage of normal fluctuations in supply and demand. Too lessees need protection in situations where a lessor, in good faith, refuses to renew a lease because, with the City's encouragement, the lessor chooses to raze its building and replace it with a three stow, mixed use building, Obviously, tenants should not face rent gouging. Also, they should not face such restrictive limits on relocating because of a lessor's other actions. The City should not be a party to limiting a tenant's mobility as was proposed last night. Please arrange for the copying and distribution of this letter to the Agency members. Many thanks, Virgima W. Foot, President 638 EAST OCEAN AVENUE · BOYNTON BEACH, FLORIDA 33435 · TELEPHONE-(561) 737-2299 Broward balks at big spending [o revitalize blighted U.S. 441 _ Page 1 of 3 Home News Sports Entertainment Classified Business Weather Shopping http://www.stm-sentinel com/news/local/broward/search/sfl-credev'22nov23 sto Ocoll-s[]ag~ ...... · ......... ~ .. - · ___: _._,.-_ _.:_~ory_ ..... _-- 2Dbrs}sw~.rO%.2D:4r_c_.l_~ives Broward balks at big spending to revitalize blighted U.S. 441 By Scott Wyman Staff writer November 23, 2001 Signs promising good pawn deals, easy check cashing and cheap liquor beckon drivers to stop at the aging strip malls that line the U.S. 441 strip from Davie to Margate. There are no tree-lined streetscapes, no decorative street lights and no red brick intersections that are the hallmarks of thriving sections of Fort Lauderdale and Wilton Manors, just a raw concrete corridor running down the backbone of the county. The cities see the area as in desperate need of revitalization. They want to spend tax dollars there rather than on city and county services. But to Broward County officials, U.S. 441 and similar redevelopment projects represent a drain of taxes from jails, courts, libraries and parks. Faced with the loss of more than $120 million in revenue over the next decade, the county is asking state legislators to rein in the redevelopment authority of the cities. Municipal leaders are fuming over the county push and fear that it could hamstring efforts to eliminate slums and blight for older neighborhoods. "The intent of the law was to allow local governments to revitalize urban cores that have fallen into disrepair," said Deerfield Beach City Manager Larry Deetjen. "We couldn't be in a tougher economic time, and they're trying to take away our ability to provide some stimulus to weaker and older communities." The dispute between the county and cities has long been simmering, but the growing number of areas set aside for redevelopment has more than doubled the amount of taxes that the county expects to lose. Redevelopment districts exist on the Fort Lauderdale and Hollywood beaches, along much of the 13 miles of U.S. 441 between Davie and Coral Springs and in large swaths of Hallandale Beach and Pompano Beach. The county's proposal would allow the cities to use only their own tax revenue for any new projects unless the county agrees to dedicate its tax money as well. That would allow the county to negotiate the goals of the project, how long it would last and the area covered. http://www.sun~sentine~.c~m/temp~ates/misc/printst~ry.jsp?s~ug=s~%2Dcredev22n~v23 - 11/27/2001 Broward balks at big spending to revitalize blighted U.S. 441 Page 2 of 3 In addition, the county wants to strictly limit the definition of slum and blight. County officials have been concerned that the tax deals have been used to benefit areas that are not slums. "Every taxpayer in Broward should care because every time we create a community redevelopment agency and the tax base is frozen, taxpayers are subsidizing services for that area." County Administrator Roger Desjarlais said. campbell a sponsor State Sen. Skip Campbell, D-Tamarac, has agreed to sponsor legislation to overhaul redevelopment powers across Florida. He wants to work out a compromise between the counties and cities, but said he will proceed with the bill if he can't do so by the time next year's legislative session begins. To set up a redevelopment district, a city must declare that a certain area suffers from "slum and blight" and then establish a redevelopment plan. As property values rise over the years in the area, the increased tax money goes into the improvement fund rather than to general county and city needs. It's money that Desjarlais is reluctant to lose because county operations take $2.4 billion to run each year. He said no government would willingly cede millions of dollars in revenue and freeze part of its tax rolls for decades. Without the taxes, homeowners and businesses in other parts of the county must pay more of the cost of basic government services, he said. The legislative battle is expected to be contentious, with other counties joining Broward's side and city officials and redevelopment authorities lining up in opposition. The last push by the county to limit the redevelopment powers ended without even a committee hearing in Tallahassee, and city leaders said they again will argue that community redevelopment agencies are a crucial tool in improving an area. agency was created Hollywood created a redevelopment agency to finance the renaissance of its downtown with sidewalk improvements and low-interest business loans. Coral Springs wants to create a town center around University Drive and Sample Road, and Pompano Beach is trying to reinvigorate older, predominantly minority neighborhoods west of Old Dixie Highway through the use of a redevelopment district. But there are districts that have faced strong criticism. Critics have charged that some do little to end blight but rather have been used to boost high-end projects of private developers. Others, they argue, are too broad and would take away too much money from the county and cities. Hollywood used a redevelopment district to help the new Diplomat Hotel and planned to use that authority again in the failed deal to relocate the International Swimming Hall of Fame. beach is in the zone The bustling swath of Fort Lauderdale beach around Las Olas Boulevard remains in a redevelopment http://www.sun-sentine~.c~m/temp~ates/misc/printst~ry.jsp?s~ug=s~%2Dcredev22n~v23 -- 11/27/2001 Broward balks at big spending to revitalize blighted U.S. 441 Page 3 of 3 zone. And Lauderdale Lakes last year attempted to put almost half the city in a redevelopment district. City officials said the changes sought by the county would be devastating. They said there would be too little tax money left to redevelop an area if the county's taxes cannot be used, and they argue that the county will benefit from any redevelopment because it will ultimately be able to make use of the larger tax base. "The county is trying to not have to participate in redevelopment districts if they don't want to," Lauderhill Mayor Richard Kaplan said. "I understand that they want to protect their revenue, but they share the responsibility with the cities. We pay taxes to the county, and this is part of the potential return." Others worry about the potential impact on existing redevelopment districts. Any change in their boundaries or the length of the project would require county approval if the county money is to be used. they understand Pompano Beach City Commissioner Pat Larkins and Fort Lauderdale City Commissioner Carlton Moore said they understand the county's financial concerns, but said they worry that legitimate projects would be hurt. Moore said that the county could torpedo a project because of the need for any minor technical change. "They are trying to turn back the time on what we've agreed to," Moore said. "A discussion about what is slum and blight makes a lot of sense because if you are going to use slum-and-blight money, you should redevelop slum and blight. But we must protect the redevelopment we have going now." Scott Wyman can be reached at swyman@ sun-sentinel.com or 954-356-4511. Copyright © 2001, South Florida Sun-Sentinel http://www.sun-sentine~.c~m/temp~ates/misc/printst~ry.jsp?s~ug=sf~%2Dcredev22n~v23 - 11/27/2001 V. A. 1, CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Balance Sheet for period October 2001 - September 2002 BeginningBalance I 2001/2002 !$ 3,989,432 Budget i$ 3,991,62215 3,989,529 Revenues October November Total TtF Taxes $ 943,240 $ - $ - $ Interest Income (Equity Account*) 35,000 na na Interest Income (LGIP Account**) 40,000 2,742 na 2,742 Fund Balance Appropriated 3,925,000 Other - Total Budgeted Revenue $ 4,943,240 $ 2,742 $ - $ 2,742 Expenditures Personnel Cost 158,669 100 100 Professional Services - Legal Fees 25,000 1,725 1,725 Professional Services - Staff Fees 25,000 Professional Services - Audit Fees 350 Mileage Reimbursement 2,400 Business Meetings 950 77 42 119 Copy Machine Rental 4,000 Offi(~e Rental 8,400 Computer Maintenance 8,400 Printing & Binding 1,500 Advertising 2,500 326 326 Other Contractual Services 35,000 Licenses Fees & Permits 175 175 175 Fa(~ade Program 50,000 Office Suppl!es 600 Memberships 1,600 200 200 Career Development 500 Land Acquisition 3,726,971 CRA Improvements 247,325 Furniture & Fixtures 10,600 Principal Payment 114,800 Interest Pay~nent 214,500 -. · ' ' Bond Issuance. Expense 4,000 Rsv. For Future Approp. 300,000 TOtal Budgeted Expenses $ 4,943,240 $ 552 $ 2,093 $ 2,645 1999/2000 reVenues over(under) Expenses $ - $ 2,190 $ (2,093) $ 97 ENDING FUND'BALANCE $ 3,991,622 $ 3,989,529 $ 3,989,626 · !. 'V'A r,o · L 'V'A, o ~ · I. 'V'A DEPARTMENT OF DEVELOPMENT Planning and Zoning Division · Building · Planning & ZOning · Occupational Ucense$ · Community Redeve'lopment VII. A, December 5, 200~ Mr. H. P. Tompkins, Jr. Iq'PT Consultants, Inc. 2295 Corporate Boulevard; N.W. Executive Court One-Suite 240 Boca Raton, FL 33431 RE: Dakota Lofts Dear Mr. Tompkins: Pursuant to our meeting on Friday, November 30, 2001, you were to provide additional information to the Planning & Zoning Division by Monday, December 3, 2001 in order to meet the deadline for the December 1 I, 200I Community Redevelopment Agency (CRA) meeting. The additional information included revised elevations, site plans, and a survey (including Bamboo Lane). Also, there still remain unresolved issues which are :to be resolved prior to reconsideration by the CRA, and verified by formal agreements with adjacent property owners. As a result, staffwill recommend that the CRA further table the review until the January 8, 2002 CRA meeting. If your project is reviewed by the CRA on January 8th, this item would be considered by the City Commission on January 15, 2002. Should you have any questions, please contact Eric Lee Johnson at (561) 742-6260 for rescheduling of this item. Yours truly, Michael W. Rumpf Director of Planning & Zoning \\CH~'~La'IN~SHRDATA~IanningLSHAR~D\WPU~ROJECTSLDAKOTA LOFTS'uNIVS? OI-OlOL.Rcschcdu[¢ CRA.do~ City of Boynton Beach · 100 East Boynton Beach Blvd. · P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 · Fax (561) 742-6259 · www.ci.boynton-beach.fl.us 7 Members Four 4-year Terms One 3-year Term One 2-year Term One l-year Term COMM,UN REDEVELOPMENT AGENCY LAST NAME FIRST EXPLORES ADDRESS PROFESS]:ONAL NAME ASSOCZA'rZON Aguila .lose 6/20/04 800 SW 1~ CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1st AVE 4 term (561) 737-8894 Delray Beach, FL 33444 yr. (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 .~ (561) 732-6789 Boynton Beach, FL 33426 2 yr. term (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23RD CRANBROOK Edward 3ones & Company DR 901 N Congress Avenue, Ste B- 101 ~ ~ Boynton Beach, FL 33426 .~ ~ I yr. term BOYNTON BEACH 33436 (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 ) 375-8807 Boynton Beach, FL 33435 (561) 4 yr. term (561) 736-9790 Chair Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue ) BOYNTON BEACH 33424 Beynton Beach, FL 33435 i,'/¢~ Cha/r 4 yr. term (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. (561) 736,-8668 100 NW 1~ Avenue 3 yr. term . _ d¢~,~3 Delray Beach, FL 33444 ~/~~/~'~'~y' ~l ' ~ (561) 243-7040 llllman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 .log Road ) 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 07/19/2001 4:26 PM ,1OINT CITY COMMISSION/COMMUNITY REDEVELOPMENT AGENCY WORKSHOP Wednesday, November 7, 2001 Library Program Room Boynton Beach 6:30 P.M. I. Call to Order. II. Roll Call. III, Agenda Approval IV. Heart of Boynton.Study A. Introduction of Consultants B. Presentation C. Discussion V. Administrative Issues A. Review of Mission and Purpose of the CRA B. Current Status Report C. Discussion of Future Direction VI. Public Audience. VII. Other. VIII. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting 'will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes tYie testimony and evidence upon which the appeal is to be oased. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Hann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your re(~uest. 3OINT CITY COMMISSION/COMMUNITY REDEVELOPMENT AGENCY WORKSHOP Wednesday, November 7, 2001 Library Program Room Boynton Beach 6:30 P.M. I. -Call to Order. Il. Roll Call. III. Agenda Approval IV. Heart of Boynton Study A. Introduction of Consultants B. Presentation C. Discussion V. Administrative Issues A. Review of Mission and Purpose of the CRA B. Current Status Repor~ ¢. Discussion of Future DirecUon VI. Public Audience. VII. Other. VIII. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-7,~2-6372 at least twenty-four hours pdor to the program or activity in order for the Qb/to reasonably accommodate your re(~uest. 7 Hembers Four 4-year Terms One 3-year Term One 2-year Term One l-year Term LAST NAME FI'RST EXPTRES ADDRESS PROFESS'tONAL NAME ASSOCI'ATI'ON AguJla lose 6/20/04 800 SW ist CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE ist AVE Delray Beach, FL 33444 4 yr. term (561) 737-8894 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 2 yr. term (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fenton Don . 1/10/02 2556 SW 23RD CRANBROOK Edward ]ones & Company DR 901 N Congress Avenue, Ste B- 1 yr. term BOYNTON BEACH 33436 101 Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 4 yr. term (561) 375-8807 Boynton Beach, FL 33435 (561) 736-9790 Chair Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 V/c~ Chaiy (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 3 yr. term (561) 736-8668 100 NWist Avenue Delray Beach, FL 33444 (561) 243-7040 Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 10/17/2001 2:18 PM COMMUNITY REDEVELOPMENT AGENCY WORKSHOP Saturday, October 6, 200:~ Commission Chambers Boynton Beach 9:00 A.M. III. IV. 'Call to Order Workshop: A. Federal Highway Corridor zoning code proposed amendments. Public Audience Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting wilt need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours pdor to the program or activity in order for the City to reasonably accommodate your request. DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO, PZ 01-213 TO: FROM: THROUGH: Chairman and Members CRA Board or~l~ Dick Hudson, Seni er Michael W. Rumpf~6~-'- Director of Planning and Zoning DATE: October 2, 2001 Project: PROJECT DESCRIPTION Proposed Zoning Regulations for Mixed Use and Mixed Use Low zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road on the south and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Hi:zhwav Corridor Community Redevelopment Plan, on May 15, 2001. As the first step in the implementation process, the proposed land use amendment was transmitted to the Florida Department of Community Affairs (DCA) following a public hearing on July 17, 2001. DCA's Objections, Recommendations and Comments (ORC) Report is expected within the week, and the amendment adoption hearing will be scheduled for late November or early December 2001. The proposed changes to the Land Development Regulations, which you are reviewing in this workshop, amend the existing regulations for the Central Business District (CBD) zoning district and create a second and less intense zoning district similar to the existing CBD regulations. These districts are now called Mixed Use (MU) and Mixed Use Low (MUL). The newly created and less intense zoning (MUL) district will be applied to Planning Areas II and IV of the redevelopment Plan, which consists of those properties that lie west of the Intracoastal Waterway and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD (Area 1]1). The first is situated between the C-16 canal and NE 6th Court, north of the CBD (Area 11); the second is situated between SE 2nd Avenue and Woolbright Road to the south of the CBD (Area IV). The new zoning regulations in part are intended to preserve existing and established Page 2 Federal Highway Corridor Zoning Code Amendment CRA Workshop neighborhoods, phase out undesirable intensive commercial uses, and establish progressive lot restrictions to optimize land utilization and pedestrian environments. Please note that Planning Areas I and V are not addressed by the proposed districts and corresponding regulations. Although the redevelopment plan contains specific recommendations for these two areas, this package of proposed amendments to the zoning code correspond with the amendments to the future land use plan map, and are timed to be adopted simultaneously. Any plan recommendations, applicable to areas I and V, along with specific design guidelines for the corridor, will be processed in a future zoning code amendment. ATTACHMENTS lSSHRDATAkPImaning',Huds on~eder al Corridor LUAK\wkshpstaff repomdoe EXHIBIT "A" Chapter 2, Sec. 5, Division L shall be known as the "Federal Highway Corridor District." Sec.5.L.l. Purpose and Intent. (a) Purpose and Intent. The district is intended to guide development and redevelopment in a logical hierarchy that will result in the preservation of residential areas while promoting the viability and success of the downtown. The district is intended to implement the recommendations contained in the Federal Highway Corridor Community Redevelopment Plan. Specifically, the district is intended to accomplish the following: 1. Result in 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. 3. 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. 4. Create surrounding areas that complement rather than compete with the downtown area. 5. 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. Sec.5.L.2. Use Zones. Uses within the Federal Highway Corridor District are governed by planning areas defined in the Federal Highway Corridor Community Redevelopment Plan as adopted May 15, 2001. Regulations for the planning areas are implemented through two "use zones": Mixed-Use (MU) and Mixed-Use Light zones (MU-L). Permitted uses and associated standards for development vary between use zones, each'reflecting the importance of the zone's location in the corridor and its relationship to the downtown. Sec.5.L.3. Permitted, Restricted and Prohibited Uses. The following table identifies the permitted, restricted and prohibited uses within the Federal Highway Corridor District. Uses are classified as Permitted (P), Restricted (R) or Not Permitted (N). Restricted uses are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions, associated with the use. The City Manager or designee shall have the discretion to permit uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. USE GROUP/USE RESIDENTIAL OR LODGING USE GROUP Bed and Breakfast Hotel Home Occupation Mobile Home Motel Residential, Single Family Detached Residential, Single Family Attached Residential, Multi-Family Boarding and Rooming House (except where provided by state law) MU-L ZONE R(8) R(8) P N N P P P N MU ZONE N P P N N N R(1) R(2) N COMMUNITY FACILITY USE GROUP Civic CentedLibrary/Museum Government Office House of Worship Police or Fire-Rescue Station Post Office Branch Public Park Public Parking Lot or Garage OFFICE USE GROUP Banks, Financial Institutions Medical or Dental Clinic Medical or Dental Office Professional Business Office Veterinary Office or Clinic SALES AND GENERAL COMMERCIAL USE GROUP Perm itted/restricted major arterials. P P R(3) R(4) R(5) P P) P P R(3) P R(5) P P R(10) p P P P P P P R(6) N anywhere within the MU zone; within the MU-L zone only on lots fronting on Alcoholic Beverage Sales for Offsite Consumption Animal Boarding or Kennel Animal Grooming Animal Sales Amm unition or Firearm Sale or Rental Auction House Automotive Parts Sales Bakery, Retail Boat/Marine Sales/Rental Boat/Marine Accessories Bookstore Building Supplies or Materials Bus Terminal New Clothing, Shoes or Accessories Boutique Contractor's Office/Equipment Storage Coffee Shop-caf6 Convenience Store Cyber-caf~ Delicatessen Dive shop R(6 R(6) N N N N N N N N N N N N R(6) R(6) N R(14) R(6) R(6) R(6) p N N N N R(6) R(6) N N R(6) p R(6 R(6 R(6) p R(6) R(6) R(6) p Federal Highway Corridor District DRAFT of September 1, 2001 Page 2 USE GROUP/USE MU-L ZONE MU ZONE SALES AND GENERAL COMMERCIAL USE GROUP CON'T. Drug Store or Pharmacy R(12) Grocery Store, Supermarket R(7) Florist R(6) Hardware Store R(6) Health Food Store R(6) Home Improvement Centers N Lumber Yard N Mobile Home or RV Sale or Rental N Newsstand R(6) Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership R(8) Performing Arts Theater N Personal Watercraft Sales, Rental, Service, Parts or Repair R((13) Photographic Studio R(6) Restaurant, w/Drive Thru N Restaurant, Sit-Down R(8) Specialty Foods Market R(6) Tobacco Accessories R(6) Vehicle or Marine Customizing, Detailing, Service, Parts or Repair N Vehicle or Marine Trailer Sales, Rentals, Service, Repairs and Storage N Vehicle Service Station w/Gas Sales R(11 ) Video Rental R(6) Wholesale N R(3) R(7) P R(6) R(6) N N N R(6) N N R(8) P R(6) R(6) N P R(6) R(6) N N N P N SERVICE USE GROUP Permitted/restricted anywhere within the MU zone; within the MU-L zone only on lots fronting on major arterials. Barbershop/Beauty Salon/Day Spa Dance Studio Dressmaker or Tailor Drycleaner Fitness Club Funeral Home Hospital Labor Pool Establishments Laundromat Massage Parlor Medical Outpatient Facility Nursery, Preschool or Child Daycare Nursing or Convalescent Home Photocopy Center Storage or Mini Warehouse Shoe Repair Tattoo Parlor/Body Piercing/Permanent Body Makeup R(6) R(6) R(6) P R(6) R(6) R(9) R(9) R(6) P N N N N N N R(6) N N N R(8) R(8) R(6) N N N R(6) R(6)Self- N N R(6) P N N Federal Highway Corridor District DRAFT of September 1, 2001 Page 3 ENTERTAINMENT USE GROUP Adult Entertainment Bar, Cocktail Lounge Billiard Club/Bowing Alley/Indoor Recreation Facility Bingo Hall Fortune Teller Movie Theater Night Club Private Clubs, Lodges and Fraternal Organizations N N R(8) P N P N N N N N P N R(8) R(8) R(8) ACCESSORY USE Drive-Thru Facility R(10) N R(1) R(2) R(3) R(4) R(5) R(6) R(7) R(8) R(9) R(10) R(11 ) R(12) R(13) R(14) Must be integrated into a mixed-use development that includes a non-residential component that compromises a minimum of 30 percent of the gross floor area of the entire development, constructed within the same structure in which the residential component is located. Allowed as a permitted use if the entire ground level floor is devoted to office or retail uses. Otherwise, use is a conditional use. Use shall be subject to the following distance separation requirements, measured 'n a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. Subject to setback and buffering requirements. Storage of postal vehicles prohibited. Maximum gross square footage of structure shall not exceed 2,500 square feet. Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. Requires Conditional Use approval. On-site drop-off and pick-up only. Must be integrated into a commercial or mixed use development and comprise a maximum of 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires Conditional Use approval. Shall comply with provisions of Chapter 2, Sec. 11.L. pertaining to retail sale of gasoline or gasoline products. Not permitted oh property with Federal Highway Frontage in the MU-L Zone unless consistent with Restriction Footnote number Six (6). No outdoor dry storage or display allowed. Indoor storage not to exceed 10,000 square feet. In conjunction with a permitted marina use; storage and display in wet docks only. Sec.5.L.4. Minimum Parcel Requirements A. Minimum LotArea Residential Or Lodging Use Group Hotel Residential, Single Family Detached Residential, Single Family Detached w/Accessory Unit Federal Highway Corridor District DRAFT of September 1, 2001 Page 4 MU-L ZONE MU ZONE --- 3 acres 5,000 sq. ft. --- 7,500 sq. ft. --- Sec.5.L.4. Minimum Parcel Requirements, Con't. Residential, Single Family Attached Residential, Multi-Family Community Facility Use Group Public Park All other Use Al. Minimum Living Area Single Family Detached All other Residential Accessory Apartment B. Minimum Lot Frontage Residential Or Lodqing Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhome) Residential, Multiple-Family All Other Uses 7,500 sq. ft. 15,000 sq. ft. no minimum 10,000 sq. ft 1,000 sq. ft. 750 sq. ft. 750 sq. ft. 50 ft. 75 ft 25 ft 100 ft. 100 ft. 65,000 sq. ft. 20,000 sq. ft. no minimum 10,000 sq. ff, 750 sq. ft. 100 ft. 100 ft. MU-L ZONE Sec.5.L.5. Height A. Maximum Height Residential Or Lodqin,q Use Group Residential, Sin gle Family Detached 35 ff. Residential, Single Family Attached (Duplex) 35 ft Residential, Single Family Attached (Townhomes) 35 ft All Other Uses 75 ft. MU ZONE 150 ft. B. Minimum Height Sec.5.L.5. Height, Cont't. 35 ft.* 35 ft.** Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2) story building. *Applies to any fa~;ade with Federal Highway frontage. **Applies to any fa(;ade with street frontage. Sec.5.L.6. Minimum Pervious Area Community Facility Use Group Public Parking Lot or Garage Residential Or Lod,qin.q Use Group Residential, Single Family Detached Residential, Single Family Attached All Other Uses U-L ZONE MU ZONE --- 15% 40% --- 30% --- 20% 15% Federal Highway Corridor District DRAFT of September 1, 2001 Page 5 Sec. 5.L.7. Minimum Setback Requirements Front Yard Residential Or Lod.qin.q Use Group Residential, Single Family Detached build to line Residential, Single Family Attached build to line Residential, Multi-Family build to line * porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. ** projecting feature(s) such as awnings, balconies, porches and/or stoops shall be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. All Other Uses includinq mixed use with a sin,qle-family attached component--build-to line *The area forward of the build-to line shall contain a 7-foot sidewalk with the remainder landscaped. ** one or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. MU-L ZONE 10 ft.* 10 ft.* 10 ft.** 10 ft or 15 ft* MU ZONE 0-15 ft. 0 Side Yard Residential Or Lodging Use Group Residential, Single Family Detached, interior Corner* Sec. 5.L.7. Minimum Setback Requirements, Con't. MU-L ZONE 6ft. 15ft Residential, Single Family Attached (Duplex) End Corner' Residential, single Family Attached (Townhomes) End Corner* Residential, Multi-Family *plus one addtl, foot for each foot of height over 45 ft. where adjacent to an existing sin gle-family detached dwelling, less width of right-of-way. **plus one addtl, foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. 10ft. 15ft. 10ft 15ft. 20 ft.* All Other Uses Adjacent to Residential Single Family Attached or Detached in the MU-L Zone 25 ft.* *plus one addtl, foot for each foot of height over 45 ft. less width of right of way Adjacent to Other Uses 0 ft.* Federal Highway Corridor District DRAFT of September 1, 2001 Page 6 MU ZONE 20 ft.** 0 ft.* Sec. 5.L.7. Minimum Setback Requirements, Con't. MU-L ZONE MU ZONE Rear Yard Residential Or Lodqin,q Use Group Al Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 25 ff.* *plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone All Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 ft. Where Yard is Adjacent to Residential 40 ft.* *plus one additional foot for each foot of height over 45 ft. within or abutting the MU-L Zone Where yard is Adjacent to All Other Uses 0 ft.* *Fifteen (15) feet abutting a street, 10 feet abutting an alley. 25 ft. 25 ft.* 12ft. 40 ft.* 0* ft, Sec.5.L8. Mixed Uses. Buildings containing residential and non-residential uses are permitted and encouraged, and subject to the same development standards as "al other uses." Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, use of the next highest floor, and other factors as determined appropriate given the type of use. Sec.5.L.9. Building Placement, Massing & Orientation Structures lining Federal Highway and Ocean Avenue within the MU Zone shall occupy the entire width of the parcel they are located upon, notwithstanding corner side setbacks and clearance needed for a drive that may be required to access the rear of the property. Sec.5L.10. Landscaping Chapter 7.5, Boynton Beach Landscape Code, of the City of Boynton Beach Land Development Regulations, shall govern landscaping within the Federal Highway Corridor District. Sec.5L.11. Parking Requirements (A) Parking requirements shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code, except as provided below. (B) On-site parking facilities shall be located to the rear of the structures they are intended to serve, or shall be located to the side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and Sec.5L.11. (D) and (E) permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. Federal Highway Corridor District DRAFT of September I, 2001 Page 7 Sec.5L.11. Parking Requirements, Con't. (C) Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shal~ be: Weekday Weekend Nighttime Daytime Evening Daytime Evening (6 a.m.-5 (5 p.m.-mid- (6 a.m.- 5 p.m.-mid- Midnight- p.m.) night) 5 p.m.) night) 6 a.m. (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 100 75 Restau rant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parking", 1983) (D) (E) Freestanding parking garages as part of a mixed use development are permitted within the MU Zone only. Within the MU Zone, freestanding parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first and second floors. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall utilize design techniques blending the architecture of the garage with the remainder of the structure, and creating the illusion that the garage is habitable floor' space. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU and MU-L Zones for multiple-floor buildings. Such first floor parking areas shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fa(;ade designed to screen the parking area. (F) In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. Sec.5L.12. Dumpster Location Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. Sec.5L.13. Circulation Development sites with frontage on Federal Highway, Ocean Boulevard and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. Federal Highway Corridor District DRAFT o£September 1, 2001 Page 8 Sec.5L.14. Signage Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. Sec.5L.15. Density The Comprehensive Plan shall regulate maximum density. Sec.5L.'l 6. Definitions The following are supplement definitions applicable only to the Federal Highway Corridor District, and therefore take precedence over definitions in other portions of the Code in case of conflict. Landscaped Area - Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Residential, Single Family Attached - Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Residential, Multi-Family- A building containing two (2) or more dwelling units that cannot be classified as single-family attached. Discount Club - A business that sells goods in bulk or large quantity, at costs generally below market price, to members of the public and/or businesses, and may require a membership in the club. Federal Highway Corridor District DRAFT of September 1, 2001 Page 9 I 'l CO.u_u_ r-c-f-- -r- E( 'a'a'a ZZZ .f ;I t'- t-- DEVELOPIV'~-'~IT ORDER OF THE CITY COMMIt ~ON OF THE ~.,, I'Y OF BOYNTON BEACH, FLORIIL, A PROJECT NAME: Marouf's Car Wash APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16th Street, Delray Beach, Florida 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT: New Site Plan to allow an automated car wash facility. LOCATION OF PROPERTY: Las Palmas Avenue & North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS~uhair Marouf~NWSP 01-017\Develop.Order Form-2001-Revised.doc COA 01/03/02 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 23. To be determined. MW1L/el.j J:\SHRDATA\Planning\SHARED\WP\PROJECTSkZuhair MaroufkNWSP 01-017\COA. doc COA 0 t/03/02 3 DEPARTMENTS INCLUDE REJECT 14. Submit detailed irrigation plans for right-of-way landscape and site work improvements during the construction document permitting stage, for review and approval by the Parks Department staff. Include on the plan location of any existing irrigation in the right-of-way. . FORE STER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 15. The hours of operation shall be limited to 7 am to 7pm, seven (7) days per week. 16. Place a "No left mm" sign and / or other traffic controlling markings at the project exit to deter vehicular traffic from going through the residential neighborhood to the east. 17. Provide a detail of the five (5)-foot high rolling gate. The detail should include the dimensions, color, and materials used. 18. Relocate the Yellow Elder trees at the project entrance so that they are planted within front landscape buffer inside the property boundary and not outside in the swale (Chapter 7.5, Article II, Section 5.D.). 19. The plan exceeds the minimum landscaping requirements. However, no credit will be given proposed plant material located outside the property line, such as in the swale. Modify the landscape counts for the Pigeon Plum, Indian Hawthorne, Gold Lantana and any other plant material proposed outside the property line. 20. Construction of the wall shall be completed prior to the issuance of a certificate of occupancy or certificate of comPletion (Chapter 2, Section 4.L.). Staffrecommends that the wall be enhanced with details such as scoring, cornices, cap, etc. 21. All required trees in the landscape buffer adjacent to the Las Palmas Avenue right-of-way shall be at minimum 12 feet overall height and 3 caliper inches. when planted (Chapter 7.5, Article II, Section 5.C.2.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 22. Tobe determined. COA 01/03/02 2 DEPARTMENTS INCLUDE I REJECT Chapter 4, Section 7.B.4). 6. SidewalkS'sha~e--- four (4) feet ~vide along local streets, and fi/x&. (~5) feet/ wide along streets of h~k~r classification (LDR, Chapter 6, Arfifl4/'e Iv,'Section 10.T, and Chapter 22,~icle I, Section 5). This cond~n may be omitted if an administrative sidewalk~aiver is approved. 7. Sidewalks adjacent to parking_~_ _xall be us through all driveways and shall be six (6) inches thi~k withiXn~iJveways (LDR, Chapter 23, Article II, Section P). This condition may beprfi~ed if an administrative sidewalk iaiver is approved. 8. idewalks shall meet or exc/e d~State Handicap ~,,de requirements'and omply with the Standarfl'Building Code and amen'gments thereto (LDR, Chapter 23, Article II, rt~ection K). This condition may be omitted if an administrative sideyV'~lk waiver is approved. 9. Proof of Other agency perm/ts shall be required prior to the issuance of the paving and drainage permit. BUILDING DIVISION Comments: 10. Identify on the site plan drawing the actual distance that the building is set back from the north, east, south and west property lines. Please note that overhangs, covered walkways, canopies, awnings or other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the ~vidth of the proposed overhangs, covered walkways, canopies, awnings, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply w/th setback regulations specified in the Zoning Code. 11. To verify that the proposed building is in compliance with the applicable building setbacks, show and dimension on the site plan the width of the building overhang. Also, identify the size or width of the covered walkways, awnings, canopies and/or other roofed areas that extend out beyond the main walls of the building. 12. At time of permit review, submit signed and sealed working drawings of the proposed construction. 13. The "Knock down detail tent" shall meet w/nd load requirements, flame spread and Building Code requirements PARKS AND RECREATION Comments: EXHBIT "C" Conditions of ApprOval Pro. jec~ name: Marouf's Car Wash File number: NWSP 01-017 Reference: 2ndStreview plans identified as New Site Plan. File # NWSP 01-017 with a December 18, 2001 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES : Comments: 1. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-26(a)). 2: A grit chamber will be required on the discharge side of the wastewater lateral. Oil-water separator appurtenance will be required on the discharge · wastewater lateral. Show the proposed location of these units on the site plan. FIRE Comments: 3. Design documents where underground water mains and hydrants are to be provided; must demonstrate that they will be installed, completed, and in service prior to construction work per NFPA 1, (1997) Section 41-2.3.2'. POLICE Comments: None ENGINEERING DIVISION Comments: 4. On site development plan show proposed off-street parking spaces, proposed sidewalks, including location, dimensions and setbacks, traffic control markings and signage. (LDR, Chapter 4, Section 7.B.2). 5. On the site development plan show proposed location of site lighting (LDR, II Marouf's Car Wash Boynton Beach, FL BOYNTON BEACH. FLORIDA 33435 MAROUF'S CAR WASH LAS PALMAS AVENUE 0 Z EXHIi J I Marouf's Car Wash Boynton Beach, FL EXHIBIT "B" LAS PALMAS AVENUE BOYNTON B~CH, FLORIDA LOCATION MAP Zuhair Marouf Proposed Car Wash ~11'11ti EXHIBIT "A" ..: ::2 · /f'O 00'800 FEET '~'"A ? ~ r --4 ,.,'/1 --' 7 .~ Page 4 Marouf Carwash - Site Plan Review Staff Report Memoraneum No. PZ 02-005 RECOMMEDATION: Earlier this year, a variance was approved for the automated car wash facility for a lot that does not meet the minimum lot size criterion of the C-3 zoning district. Staff recommends that this site plan request be approved contingent upon the project's ability to successfully comply with the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS~Zuhair Marouf~NWSP 01-017\staff report.doc Page 3 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02-005 Building and Site: Community Design: Signage: on the landscape plan outlining this requirement of the Engineering Department. The landscape strip that separates the building from the drive-through lane will contain sod, a Sabal Palm tree, and RedtiP Cocoplum hedge. The west landscape buffer will contain a Royal Palm, three (3) Sabal Palms, and a Pigeon Plum tree. The majority of this strip will be occupied by the existing five (5) foot high masonry wall. The north landscape buffer will consist of Pigeon Plum and Dahoon Holly trees spaced approximately 12 feet apart. The plan proposes a concrete block wall six (6) feet in height along this rear property line. In the east landscape buffer, abutting the residential neighborhood, Dahoon Holly and Pigeon Plum trees will be planted to overlap each other. These trees will be spaced approximately 12 feet on-center and will exceed the standards normally required when commercial properties abut residentially-zoned properties. This landscape buffer will also contain :Viburnum hedges and a concrete block wall six- (6) feet in height. The combination of the trees and wall will form a formidable screen from the residentially zoned property. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. A masonry wall six (6) feet in height has been provided along the north property line to buffer the subject property from the residential buildings and along the east property line from the residentially zoned property (Las Palmas). To minimize the visual impact of this project on the residential area, staff recommends that the wall be enhanced with details such as scoring, cornices, cap, etc. The landscape buffer coupled with the wall (lower level buffer) and the proposed trees (upper level buffer) will provide a formidable barrier between the subject property and the residential neighborhood. The proposed building will be a one-story structure with the top of the cupola to stand 32.83 feet in height. The maximum allowable height in the C-3 zoning district is 45 feet. The top of the ridge (the majority of the roofline) will be 27.83 feet in height. The design of the building is to resemble a single-family residence in order to blend with the adjacent residential neighborhood. The main building colors will be Benjamin Moore "San Antonio Gray" with Benjamin Moore "Brilliant White" accents. The front raised panel metal door will be painted Benjamin Moore Chrome Green. The top portion of the cupola appears to be a light blue-green. The cement roof tile will be colored gray and be of the fiat broom swept variety. The applicant is proposing one (1) monument sign to be located in the southwest corner of the site within the front landscape buffer. The sign will stand five (5) feet - six (6) inches in height and be six (6) feet wide. The monument sign base would be made of stucco clad masonry material and painted to match the building. It will have six (6) inch smooth textured stucco decorative opening banding. The sign face would be 15 square feet in area and consist of a custom acrylic sign panel. No wall signs are proposed. Page 2 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02-005 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: could be sold off to another party in the future. The entire project is to be constructed in one phase. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Traffic Division has determined that the proposed project generates less than 200 new daily trips, and therefore meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of one (1) main entrance providing access from Las Palmas Avenue. The driveway would be 24 feet in width. The project intent is to have a fully automated car wash for customers who would remain in their vehicles as they drive through the facility. The entranceway will be closed with a rolling 5-foot high gate during non-business hours. According to Chapter 2, Section 11.H.5 no fewer than four (4)-parking spaces shall be provided for any nonresidential use. However, the Land Development Regulations do not specifically address the parking requirements for automated car wash facilities. The site plan provides one (1) parking space in the carport. It is staff's determination that the site plan meets the intent of the Code based on the use, characteristics, and performance of an automated car-wash facility. Customers remain inside their vehicles, drive through the car wash facility, and exit the site without the need for on-site parking, similar to accessory car washes of contemporary gas stations. The nature and operation of said business requires one on-site employee to monitor, handle, and accept payment for service. Only one (1) parking space is necessary to accommodate this emploYee. It is the intent to discourage individuals from parking their cars at the facility, walking to and from the gas station, and working outside their vehicles on the subject property for activities such as detailing, vacuuming, etc. Limiting the amount of on-site parking will minimize potential impacts to the adjacent residential neighborhood. Also, no pedestrian traffic from an automated car-wash facility is anticipated. The proposed pervious or "green" area is 1,891 square feet or 19.09% of the total site. The landscape plan exceeds the minimum landscape requirements for a commercial property. The front landscape buffer will contain Pink Ixora, Indian Hawthorne, and Viburnum. The two (2) proposed Yellow Elder trees, considered as "signature trees" must be relocated from the swale to inside the property line, within the front landscape buffer. All plant material proposed outside the property boundary would not count towards meeting minimum on- site landscape requirements (see Exhibit "C" - Conditions of Approval). The landscaping proposed within the safe-sight triangles shall be maintained between two and one-half (2 ½) feet and six (6) feet above the pavement in order to provide unobstructed cross-visibility. The applicant has placed a note DEVELOPMENT DEPARTMENT~ MEMORANDUM NO. PZ 02-005 VIII. B, SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION Januaw 3,2002 DESCRIPTION OF PROJECT Project Name/No.: MAROUF CARWASH/NWSP 01-017 Property Owner: Zuhair Marouf Applicant: Zuhair Marouf Agent: Beril Kruger of Beril Kruger Planning & Zoning Consultants Location: A portiOn of lots 4 & 5 of Sam Brown Subdivision, approximately 137 feet east of U.S. 1, north of Las Palmas Avenue Land Use/Zoning: Local Retail (LRC) / Community Commercial (C-3) Type of Use: Automated Carwash Facility Project size: Site Area: 0.23 acres (9,908 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North A multi-family residential property, zoned C-3; South - Las Palmas Road right-of-way, and farther south is a restaurant parking lot, zoned C-3; East - A single-family residential dwelling part of Las Palmas development, zoned R-1AA; and West A gas station, zoned C-3. Site Characteristics: The subject property is currently zoned Community Commercial (C-3) zoning district. The Sam Brown Jr's Subdivision was platted in 1924 with typical lot sizes varying between five (5) acres to ten (10) acres. Subsequent to platting, some of the original parcels had been subdivided to create smaller parcels, It is a rectangular-shaped tract of undeveloped land located in Planning Area Number 1 of the Federal Highway Corddor Study. On May 15, 2001, the City Commission approved a variance (ZNCV 01-008) to allow the development of a carwash facility on this 9,908 square foot parcel in lieu of the 15,000 square foot minimum lot area required by the C-3 zoning district. The survey shows that a Royal Palm and Sabal Palm tree are located on the property. Proposal: Mr. Beril Kruger of Beril Kruger Planning & Zoning Consulting is requesting site plan approval to construct an automated 1,490 square-foot carwash facility and an accessory 375 square-foot "Knock Down Detail Tent" on the above- referenced lot (see Exhibit "B" - Proposed Site Plan). As currently proposed, the main building would be comprised of a wash bay, carport, and storage area. One (1) employee will be present onsite during regular business hours to collect money for the car-wash service. Although the same property owner proposing the car wash is the same property owner as the abutting gas station ti,mt (D¸ · 0 0 c~ ~ "0