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Minutes 10-08-02MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 8, 2002 AT 7:00 P.M. Present Larry Finkelstein, Chairman Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Absent Jose Aguila Henderson Tillman I. Call to Order Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Dale Sugerman, Assistant City Manager Motion Vice Chair Heavilin moved to approve the Agenda. Motion seconded by Mr. DeMarco and unanimously carried. Chairman Finkelstein called the meeting to order at 6:33 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III, Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chairman Finkelstein requested the following changes and additions to the agenda: > Item A. 1 and B.1 under New Business needs to reflect that it had been previously tabled and needs to be removed from the table. > The addition of Item C. under VII, Unfinished Business, "Director's report on the Old High School." Adoption of Agenda Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 IV. Consent Agenda A. Approval of Minutes - September 10, 2002 CRA Board Meeting Chairman Finkelstein noted that Mr. Aguila requested that a change be made on Page 9, in the fifth full paragraph that states: "He also did not like the wall." Mr. Aguila requested that the word "pre-cast" be added before "wall" to read as follows: "He also did not like the pre-cast wall." Chairman Finkelstein requested that the fourth paragraph on Page 9 that referenced two types of light be changed to read "two types of light poles." On page 3, the second paragraph of the motion, Chairman Finkelstein requested that his statement be clarified that he requested if the CRA Attorney's Office was prepared to move forward on the closing. Motion Vice Chair Heavilin moved to approve the minutes as amended. Motion seconded by. Mr. DeMarco and unanimously carried. Revision to the Month-to-Month Lease Authorization for CRA Offices at 639 E. Ocean Avenue, Suite 107 Motion Mr. Fenton moved to approve the lease. Motion seconded by Mr. DeMarco and unanimously carried. Recommendation to the City Commission for the Acquisition of Properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwalk and Mangrove Park Expansion. Vice Chair Heavilin inquired about the disparity between the asking price and the offer. Mr. Hutchinson responded that the figure was approximately double. For clarification, Chairman Finkelstein asked if Mr. Hutchinson was referring to the appraisal price, which he noted was $250,000. Mr. Fenton inquired if any factual information was presented regarding the planning of a marina. Mr. Hutchinson said he checked with the DEP and did not find anything to indicate there were any plans for a marina. Mr. Fenton inquired if the project intended for that area could by-pass that property. Chairman Finkelstein pointed out that the agenda item included properties for the Boynton Beach Boulevard extension, the Promenade, Riverwalk and Mangrove Park expansion, which includes some of this property. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Mr. Fenton inquired if the DEP would allow a marina at this location. Mr. Hutchinson responded that the DEP would have concerns regarding the design, as well as the seagrass, plus there was no parking in the area. Mr. Fenton also pointed out that there were mangroves. Mr. Hutchinson said that they are looking at putting in a day dock, which is different from a marina. He does not think that this area could be considered a revenue-generator, which the property owner disagrees with. This can be attributable to why there has been no progress in acquiring the property. Mr. Hutchinson stated that the property owner did say that they would be interested in lettinq the experts get together and work towards a settlement, which would be a decision of'~he City. Chairman Finkelstein stated that they have done all that they could do and that a motion to reiterate the Board's previous motion to begin the process of condemnation would be in order. Motion Ms. Hoyland moved to recommend to the City Commission for the acquisition of properties for the Boynton Beach Boulevard extension, the Promenade, Riverwalk and Mangrove Park Expansion through the condemnation process. Motion seconded by. Vice Chair Heavilin and unanimously carried. Attorney Payne administered the oath to all persons who would be testifying. V. Public Hearings Planning and Zoning Hearing Items Old Business A. Land Use Plan AmendmentJRezoning Project Name: Agent: Owner: Location: Description: The Harbors (LUAR 02-005) (tabled) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to Rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) Proposed Use: Development of 51 fee-simple townhouses 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Motion Vice Chair Heavilin moved to remove the item from the table. Motion seconded by Mr. DeMarco and unanimously carried. Dick Hudson, Senior Planner, presented the item, which is to reclassify the property from local retail commercial to special high density residential with a density of 20 units per acre; and to rezone from community commercial to infill planned unit development to redevelop the property with 51 fee-simple townhouses. This is a reduction from the prior petition. Mr. Hudson reviewed the adjacent uses that had been pointed out at the prior hearing. The project is a small-scale amendment, which means that it is adopted by the City prior to being sent to DCA. The project meets the eight criteria necessary for an amendment to the Comprehensive Plan Future Land Use Map. The land use amendment and rezoning would be consistent with plans contained in the Comprehensive Plan. The property is located in a hurricane evacuation zone and staff is recommending that each homebuyer be informed that they are purchasing property in a hurricane- evacuation zone and to provide a mechanism to disseminate continuing information to residents regarding hurricane evacuation and shelters. Staff would like any development in that zoning district to have design standards that would exceed the standards of the basic development standards in terms of sign design, building architecture, construction materials, amenities and landscape design. Staff still feels that the design falls short of what staff would like to see. The applicant has removed one of the four unit buildings to allow more space between the buildings, the paseos and the driveways into the garages. One additional unit has been added to the building on the Intracoastal, which creates a wall effect. The sidewalk is only 4' wide for the residents to access the pool area and dock. The applicant has added some bumpouts to the sides of each structure, which does improve the appearance of the building. Up and down the Federal Highway Corridor there are elements of Spanish and Mediterranean style developments that are very attractive. Staff would like to see more style than what the applicant is proposing. Mr. Hudson pointed out that this project would be the gateway to the City at the north end and staff would like to see something outstanding and memorable. The project still lacks amenities and the pool is far from the units on Federal Highway. Staff has not been informed if there would be restrooms at the pool area. There are no benches and there is not enough room to plant shade trees. Also, staff has not been told how the docking facilities would be accessed from the land side. Parking is still a problem; the parallel parking spaces along the drive are not convenient to the pool area; and there is insufficient guest parking. The landscaping is minimal and 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 the height of the Palm trees is not very high. Staff would like to see some lush landscaping to compensate for some of the shortcomings. The pervious area of the project is 29% and there should be more pervious area. The site plan is an improvement to the commercial use restaurant and nightclub currently on the site. If the site plan is adopted, it then becomes the Master Plan and is linked to the rezoning. Staff does feel that the project is (1) consistent with the intent of the Comprehensive Plan; (2) would not create any additional impacts on the infrastructure; (3) would be compatible with the land uses; and (4) would contribute to the overall economic development of the City. The project is still deficient in design and falls short of meeting the zoning regulations. Staff recommends approval, subject to enhancements described in the staff analysis. There were five areas that need to be addressed as follows: (1) integrate architectural elements to enhance the overall character of the development; (2) change the orientation of the easternmost building to increase the visual and physical access to the recreation area; (3) improve the aesthetic quality of the paseos and provide amenities that the project lacks; (4) enhance the wall surrounding the project and provide additional landscaping to enhance the views and areas opposite less aesthetic adjacent. uses, and improve the quality of interior living areas; and (5) provide additional parking spaces to prevent congestion and decline in the project quality. Eric Johnson, Planner, noted that one four-unit building has been taken out to reduce the units to 51. An additional unit has been added to the building closest to the Intracoastal. Some issues still outstanding are the building configurations, separation distance, drive aisles, and allocation of parking for guests. The plans have been revised that separate the buildings by 32'. Prior to that it was 25' and was increased by deleting one building. There is no additional landscaping in the courtyard area. Staff recommends increasing the width of the sidewalk from 4' to 5'. The design does not capitalize on the site's proximity to the Intracoastal Park and Waterway. At the last meeting, staff recommended angling the building. Staff would like to have some useable space on the porches. The project provides for one guest parking space for every seven townhomes, which staff feels is inadequate. Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18' wide backup area. The applicant has increased the space for the vehicles to back up out of the garage. Mr. Johnson pointed out that because of a lack of guest parking, people would be parking along the drive aisle or in the back of the units. This would be unsightly and dangerous. Staff recommends that the site plan be approved subject to adequately addressing all the issues in the conditions of approval. There are 52 conditions of approval. Condition #19 needs to be corrected to indicate 51 units. Condition #43 is a duplicate of Condition #37 and should be removed. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Michael Weiner, Attorney for Centex Homes, pointed out that everyone has different visions. He noted that they started with 127 conditions and are now down to 52, and the applicant agrees with almost all the conditions. The project meets the eight criteria, and the applicant and staff are together on a great deal of the issues that depend more upon taste than the regulations. Attorney Weiner pointed out that they are not asking for any variances or exceptions and feels that the project is a good project. There are seven more parking spaces than required by Code and they have reduced the units from 54 to 51. The buildings are only 42' high, not 45,' as permitted, and he feels that they have exceeded the standards. Bob Bentz, Land Planner for Land Design South, said that they are the land planners and landscape architects for the project. Mr. Bentz said he would be presenting the changes. He pointed out that three units have been eliminated and parking has been increased by two spaces. Mr. Bentz presented a PowerPoint presentation of the project. Mr. Bentz pointed out that they cannot change the shape of the parcel, which is over 900' in length and 130' in width and is a difficult parcel to work with. Mr. Bentz compared the old site plan to the new site plan. The building that was deleted from the new site plan was located in the western corner of the property. The building along the eastern edge has been modified to add an additional unit. This building only has 90' of frontage on the Intracoastal Waterway and will now contain five units. They will be keeping the wood dock along the Intracoastal Waterway, the deck area and the marina. The tiki bar will be converted into a cabana that will contain restrooms for men and women. The front doors to the units are located off the paseo areas and there is a walkway down the middle of the paseo. Each unit has their own access off the main walkway and the paseos have been increased from a minimum of 32'. The alleyways that separate the individual buildings have been increased and are used to access the individual garages. The alleyways are designed for use by the residents only. They have been increased to 30' to provide for additional maneuvering. The main entryway to the project has been changed in accordance with staff's request to line up the entry drive with one of the access driveways with one of the residential units. An additional paver block area has been added. With regard to staff's comment regarding access along the five-unit building, they agree with that comment. Mr. Bentz proposed that an architectural element be constructed along the side of the building to provide an entryway into the recreational area behind the unit. This would also serve as a focal point when driving down the main access drive. They have also made fa(;ade changes as requested by staff. Chairman Finkelstein opened up the public audience. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Sally Dalton, 650 Las Palmas Park, gave a history of the property. Ms. Dalton had no complaints about Caf~ LaNotte and pointed out that not all the residents were against that establishment. She questioned the accuracy of the street being 50' wide, 25' on each side and wondered if there was enough reom to put in a left turn lane. Julie Szymkowski, 655 Las Palmas Park, did not think there was much change in tonight's presentation from the prior one. unattractive. She stated that there were not She thought the building was very 1,815 daily trips generated from the present property. She said there is no traffic being generated from the property and questioned where the new figure of 358 daily trips came from. She also did not like the look of the project. Chairman Finkelstein closed the public audience. Attorney Weiner stated that the 1,815 trips took place when the restaurant was being utilized and the project would decrease the daily trips by almost 1,200 trips. He also pointed out that there is a 50' right-of-way even though currently only a portion of the right-of-way is paved. Chairman Finkelstein requested that the applicant address the conditions that they do not agree with. Mr. Bentz pointed out that the number of units in condition #19 has been decreased to 51 and should be changed. He discussed Condition fl41 that requests the applicant to place features on the wall along the north side of the parking area and asked for clarification of this Condition. He pointed out that they already have an arbor area and a landscaped accent element. Since the northern wall contains a large Fichus hedge, it would not be visible. With regard to Condition #45, this condition requires that the size of the guest parallel parking be increased, as well as the garage units. The parallel parking spaces are 25' in length and the Code only requires 18'. The extra width will accommodate parallel parking. Mr. Bentz explained that the garage spaces are actually 20' in depth, not 17' Condition #48 asks that the applicant come back with a new site plan and they disagree with this condition. Condition #50 deals with the main east/west walkway. The east/west walkway runs along the northern boundary along the access drive and is currently 4'. Staff is asking it be increased to 5'. Mr. Bentz pointed out that there are only 51 residential units and the five units along the Intracoastal would not use the walkway. They feel that a 4' is adequate for the community. The walkway is paver block and would improve the walkway aesthetics of the community. 7' Meeting Minutes Community Redevelopment Agency .~.Boynton Beach, Florida Comment //51 deals with the width of the paseo area, which has already increased. Mr. Bentz said that they agree with al/other staff COmments. Mr. Johnson addressed the applicant's comments as follows: Staff agrees that Comment #19 should be changed from 54 to 51 units. With regard to Comment fl41, the buffer wall along the north property line, staff would like to see Something attractive when a person or vehicle exits the property rather than merely a wall. Mr. Bentz pointed out that the wall is behind the Ficus hedge and would not be visible. Mr. Johnson asked if the hedge would remain during the construction period. Staff would like to have more than just a wall and hedge. Mr. Bentz suggested placing Some landscaping elements and stated that the hedge would remain during the construction period. With regard to Comment ~45, Mr. Johnson noted that staff was reCOmmending that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and other items. This would minimize the haphazard parking of cars throughout the development. Staff feels that at some point the garages would be used more for storage of items, rather than for parking of vehicles. With regard to Comment fl48, Mr. Johnson pointed out that only a few units face the Park and staff requested that the applicant change and angle the buildings to maximize the visibility. With regard to Comment #50 dealing with the width of the sidewalk, Mr. Johnson acknowledged that 44" is required, but they would like to see Something exemplary and felt that the sidewalk could easily be increased to 5'. Comment #51 is a recommendation to increase the paseo area. There is no code requirement to do this. This is staff's first/PUD and they are trying to maximize the best possible product. Ms. Hoyland pointed out that she was not at the last meeting, but she has read the minutes and reviewed the site plan and staff report and COmpared it to the current submittal. Ms. Hoyland inquired as to the actual width at the entrance of the garages. Mr. Bentz responded 16', which is standard for a two-car garage. Ms. Hoyland felt that a standard two-car garage opening should be 18'. She did not agree with staff's interpretation of using the garage for storage and felt this could be addressed through the association documents stating that garages cannot be used for storage and that outflow parking would be prohibited. She would recommend that the garage entrance be 18' at the opening. Ms. Hoyland had a serious concern with the elevations that face Federal Highway. The rear elevations as proposed for Units 7, 8, 9 and 10 and the end unit in Building 1 would face Federal Highway. She would like the applicant to add additional architectural 8 October 8, 2002 been Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 element on Buildings 1 and 2 and Unit 12. She felt that there should be additional balconies so that those residents could enjoy the recreation area and the Intracoastal Waterway. She also asked why the details for the cabana have not been provided such as elevations, roof material, etc. The previous plan included a handicap parking space to the north of Building 12. She felt that a handicap space was needed at the recreation area and questioned why the handicap space was deleted. Ms. Hoyland did not think that parking spaces needed to be provided behind the garages. She felt if the space of the garages were increased, this would eliminate the need for parking spaces behind the garages. She also felt that the two guest parking spaces behind Building 2 on the west side will create a problem for residents backing out of their garages. Ms. Hoyland felt that the details for the dumpster needed to be addressed further. She was against adding an additional unit to Building 12 and felt there was not enough room for this unit. Ms. Hoyland would like the existing wall addressed further. The elevations that face the park on the south side of the project should include more architectural detail such as shutters, false windows, balconettes, etc. With regard to the light poles, Ms. Hoyland would like the type A, which would blend better with the style of architecture. She also had a serious concern regarding the pre-cast wall and noted there already is a wall on the property and felt that the applicant should put in a permanent wall that would require less maintenance, such as a concrete block wall. Ms. Hoyland would like to have more landscaping at the entrance to the main road from each driveway, such as clusters of Palm trees with some type of plantings to soften the 900' perimeter. She would like a requirement that a hedge be maintained along the wall, whether it is the current hedge or a new hedge, with a minimum of 6' high. Vice Chair Heavilin pointed out that the paseos and driveways have been increased. She asked if the possibility of not increasing the paseos and driveways, but instead adding additional parking along the west end along Federal Highway was discussed with staff. Vice Chair Heavilin felt there was still a deficiency in guest parking. Mr. Bentz was agreeable to this suggestion. He felt that they could add additional parking without reducing the width of the parking by making the driveways a little narrower. Mr. Bentz also noted that the association documents could have a restriction that would state that the garages could only be utilized for parking cars and not for storage. Vice Chair Heavilin asked for clarification on the width of the garage. Mr. Bentz responded that the typical garage width is 16' wide. He pointed out that the door is 16', but the width of the garage is 20' that includes the width of the parking spaces. Vice Chair Heavilin asked to view the color samples, which were provided. Mr. DeMarco did not feel that the design addressed staff's concerns that more units have a view of the Intracoastal. He felt that people would not purchase the units that 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 did not have a view of the Intracoastal. Vice Chair Heavilin did not feel that this would be a deterrent to the sale of those units. Mr. Fenton thought that the balconies overlooking the Intracoastal were too small. Mr. DeMarco also felt that the colors of the project were too dark and were not indicative of South Florida. Mr. Bentz pointed out that these are the same types of colors used in City Place in West Palm Beach and are popular colors for infill areas. Chairman Finkelstein inquired why the applicant did not want to include real balconies on the south sides so that people could sit out and look at the Park. He also would like to see more architectural elements on the two buildings that front Federal Highway. Chairman Finkelstein asked about the access to the docks. Kevin Borkenhagen of Centex Homes stated that the docks were on a submerged land lease that had been submitted to staff. It is a five-year lease, renewable every five years. It was just renewed last April. The docks will be available only to customers buying units. There are 13 slips that will be sold with a right to use the slip, which means someone who does not live on the property cannot buy a slip. The slips will be offered on a first come - first served basis. He also stated that everyone would have access to the common dock. Chairman Finkelstein pointed out that the old site plan had 13 parking spaces and the new site plan has 12. He also stated that if the project were approved it should be subject to staff receiving the elevation of the existing covered tiki bar to ensure that the colors will be compatible with the colors of the buildings. Mr. Johnson said that this could be taken care of at the time of permitting, which Mr. Borkenhagen agreed to. Ms. Hoyland said that she supports the project, but feels there are too many changes for the Board to add more conditions in addition to the conditions already listed to approve the project. Mr. Bentz requested that the project be approved with the condition that the applicant come back to the Board for final architectural review and landscape approval. He pointed that they have contractual requirements for the property and need to move forward in a timely fashion. Vice Chair Heavilin stated that she did not agree with Comments #48, #50 and #51. Chairman Finkelstein felt that Comment #48 could be addressed by adding real balconies. Attorney Weiner said that they could add balconies. He said that they do not have a problem with coming back to the Board to discuss the architectural and landscaping details, which could be a condition of approval. Chairman Finkelstein noted that the Land Use Amendment had to be approved with the Site Plan that becomes the Master Plan, which means that all the conditions being imposed upon the site plan need to be incorporated. Mr. Rumpf recommended that all 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 items be processed together. Chairman Finkelstein said that the Board would like to see what the changes are and asked if there were a way to add a condition that those changes come back to the Board. Mr. Rumpf point out that this would be a recommendation to the City Commission. Mr. Rumpf responded that the applicant could be required to come back prior to obtaining permits with the architectural drawings. Ms. Hoyland asked about the handicap access for the recreation area, and Mr. Johnson responded that this is not a requirement for fee-simple townhouses. Mr. Bentz stated that they were amenable to adding some architectural enhancements to the western fa(;ade of the building along Federal Highway because the second and third floor would be visible from Federal Highway. Mr. Fenton requested that in staff Comment #49 the word "porch" be changed to "balcony," which the applicant agreed to. Motion Ms. Hoyland moved to approve the Land Use Plan Amendment and Rezoning for the Harbors to rezone from Community Commercial to Infill Planned Unit Development and to amend the Comprehensive Plan from Local Retail Commercial to Special High Density Residential for 51 fee-simple townhouses with conditions as noted in staff's report. Motion seconded by Mr. Fenton and unanimously carried. Motion Ms. Hoyland moved to remove Item 5.B from the table. Motion seconded by Mr. Fenton and unanimously carried. B. New Site Plan Project Name: Agent: Owner: Location: Description: The Harbors (NWSP 02-012) (tabled) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to construct 51 fee-simple townhouse units on 3.21 acres Chairman Finkelstein noted that staff has already presented their report on this item and the applicant did not wish to speak. Chairman Finkelstein opened up the public audience. Since no one wished to speak, the public audience was closed. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Motion Ms. Hoyland moved to approve the Site Plan, the Landscape Plan and Architectural Elevation for The Harbors subject to the conditions listed in the staff report and the following conditions: (1) That additional parking on the west end of the site be accommodated through reducing the paseos only (not the drive aisles); (2) That the garages be increased in width at the entrance opening to 18'; (3) That the applicant come back to the Board for final review of the following elevations: (a) That the rear and side elevations include more detailed architectural elements, specifically relating to all of the buildings and specifically to Buildings 1 and 2 where the side and rear elevations face Federal Highway. (4) That additional architectural detail be included on the south elevation facing Intracoastal Park, such as bow windows, shutters, raised stucco bandings, and most importantly, balconies (not balconettes). (5) That landscape nodes be provided along the north perimeter of the property adjacent to the existing hedge and wall. The nodes would be specifically located where the driveways to the south interact with the perimeter and that the hedge be maintained at 6' in height. (6) Provide details of the proposed Cabana and possibly include a covered area along the west side of the Cabana. (7) Provide a more specific detail of the dumpster enclosure, which should include the detail of the gate. (8) That the colors for the proposed project, specifically the base color, be softened two shades. (9) That the proposed lights for the project be type A, as indicated on the site plan. (10) That any wall proposed on the project around the perimeter be a concrete block wall, rather than pre-cast. Mr. Fenton requested that Ms. Hoyland amend her comment #1 regarding additional parking by leaving this to the discretion of the applicant, since the applicant indicated they could increase the parking without reducing the paseos. Ms. Hoyland amended her motion to state in comment #1 that additional parking on the west end of the site be accommodated without reducing the driveways. Should any additional areas be necessary they would be obtained through the paseo area. Vice Chair Heavilin asked Ms Hoyland to amend her motion to delete Staff Comment #51, which she agreed to. Ms. Hoyland further amended her motion by deleting staff Comments #50 and #A8. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Ms. Hoyland noted that staff deleted Comment #43; Comment #19 is amended to indicate 51 units. Ms. Hoyland incorporated her added condition #5 with Staff's Comment #41, regarding the landscaping adjacent to the northern perimeter. Mr. Bentz requested that Staff Comment #45 be deleted. Ms. Hoyland felt that she addressed this in her comments by increasing the opening of the garage to 18'. Mr. Bentz stated that they would look into the feasibility of this and pointed out that the width and depth of the units have already been established. Ms. Hoyland agreed to amend her motion to include her statement to modify Staff Comment #45 by increasing the garage opening in width, rather than depth. Vote Vice Chair Heavilin seconded the amended motion. The motion unanimously carried. C. Administrative Appeal Project Name: Agent: Owner: Location: Description: Gateway Texaco (ADAP) 02-011 (tabled) Beril Kruger, Planning and Zoning Consultants Zuhair Marouf 2360 North Federal Highway North Federal Highway at Last Palmas Request for appeal of administration determination that proposed improvement to gas station/convenience store would be an unlawful expansion of legal, non-conforming use, Motion Mr. Fenton moved to remove the item from the table. Motion seconded by Mr. DeMarco and unanimously carried. RECESS WAS DECLARED AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. Mike Rumpf, Planning and Zoning Director, presented the item, which is an appeal of staff's administrative decision submitted by Beril Kruger on behalf of the owner, Mr. Marouf. The appeal deals with the interpretation and enforcement of the Land Development Regulations, Chapter 2, {}{}11.1, ¶D.1 and ¶D.2 regarding expansion of non-conforming uses. The property owner wants to expand the gas station to provide an additional building for the storage of merchandise. Staff rendered an Administration Decision that the proposed change to the above-referenced business would be 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 prohibited by City Regulations. The use is non-conforming by virtue of location limitations that limit the sale of gasoline to intersections consisting of roads of four lanes or wider. The Regulations prohibit the expansion of a non-conforming use, which Mr. Rumpf cited. The applicant stated that the expansion is necessary for the storage of merchandise, which they consider is separate from the gasoline sales, which are non-conforming. Staff recommends that the request be denied and that any expansion of the Gateway Texaco Gas Station would be an unlawful expansion of the legal non-conforming use. The sale of gasoline is the principal use of the business that is located on one parcel within a single structure and, therefore, cannot be viewed separate from accessory components, such as retail sales. The applicant also has not proven that further expansion of the building and retail sales aspect of the business is mandatory for the continued operation of the principal use. Chairman Finkelstein inquired if the subject property had been cited by Code Compliance for the additional storage trailer?. Mr. Rumpf requested that the applicant address this. Mr. Rumpf stated that these are two separate issues. Attorney Michael Weiner, was present on behalf of the owner, and stated that Beril Kruger, who submitted the application, was also present. The appeal is the result of a request to allow an additional 600 square foot structure for the storage of drinks, sodas and juices for the convenience store that is operated at this location. Attorney Weiner cited Section 11 of the LDR, Supplemental Regulations. This Section states that gasoline-dispensing establishments shall be located only at four lane intersections. Attorney Weiner pointed out that C-3 Zoning allows for automotive service stations. He stated that this is not a non-conforming use problem, but additional development criteria in the Code makes this non-conforming. The use is an approved use and only the design criteria is not met. Attorney Weiner pointed out that the current storage does not meet the design criteria, and the owner would like to eliminate the storage in the truck and replace it with a permanent structure. If the appeal were granted, it would eliminate one of the design criteria problems. He stated that the only purpose for the building would be to store sodas. If the owner had to eliminate the trailer, he would have no place for storage, which is necessary for the normal operation of its principal use. Attorney Weiner noted that in this day and age it is important that gasoline stations have this accessory use, which is a convenience store. Because of this fact, he felt that the storage of the sodas was necessary for the normal operations of the business and they would not be increasing any non-conforming use. Attorney Weiner also said that the owner meets the requirements to build this structure, which has been supported by many court cases. In summary, he stated that this is not an expansion of a non-conforming use and the owner is merely reducing the design criteria difficulties. It would be a hardship for the owner if he did not have this accessory use. Attorney Weiner requested that the appeal be granted. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Chairman Finkelstein opened up the public audience. Sally Dalton, 650 Las Palmas Park, was against adding any more non-conforming uses to this property. Ms. Dalton asked where the structure would be located on the property. Chairman Finkelstein stated they did not know because they have not seen the site plan. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, was in favor of the addition to the gas station. Mr. Edwards pointed out that Mr. Marouf has a large customer base that depends upon his business to accommodate their needs. He felt that the City should help Mr. Marouf and work with him to help his business grow. Mr. Edwards requested that the Board approve the structure. Ron Washam, 112 S. Atlantic Drive, Boynton Beach, Chairman of the Community Relations Board, felt that this was a crucial issue and pointed out how hard he and other people worked to get an independent CRA. He has read both sides of the argument and felt it was important to help the small businesses survive. Mr. Washam noted that the business is thriving and has a large customer base that depends upon the- convenience store for their needs. Mr. Washam urged the Board to approve the appeal. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach, is a friend as well as a customer of Mr. Marouf, and frequents his establishment regularly. He feels that Mr. Marouf deserves a good-citizen award and that the storage building is necessary for his business. Mr. Pereira pointed out that Mr. Marouf is not trying to expand his gas station business, but is merely trying to fill a need for his business to have a place to store his merchandise. The location of the building would not be visible from the street. Mr. Pereira was in favor of allowing the owner to build the storage area to support his business. The public audience was closed. Mr. Rumpf wished to rebut some of the statements. The first one is that the use was a "permitted use" and that the location criteria is not part of the actual zoning regulations. He noted that gasoline stations are conditional uses in the City regardless of the zoning district. The location criteria goes hand-in-hand and is also part of Chapter 2 previously referenced. The current outdoor storage, from the City's perspective, does not exist. It is not a legal, non-conforming use because it never existed in a conforming way. It is non-permitted and has not undergone any site review and is an illegal increase in the non-conforming use. Mr. Rumpf stated that the storage building would be an addition to that business and is not a change to the business. The City does not want to support the continued existence of these types of uses. In order to allow the addition, it would require a Code re-evaluation, because there is no special exception process for this type of expansion. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Attorney Weiner pointed out that the storage would be in the back and would not be visible from the street. A site plan has been submitted to the City. The right-of-way, as pointed out in the previous application does exist, it is just not presently paved. Ms. Hoyland asked what the storage area would be used for. Mr. Rumpf responded it would be used for the storage of soda and other retail merchandise. She inquired if this would be an additional display area. Attorney Weiner said it would not be seen from the street and would be used for cold storage. The size of the building would be 20' x 30'. Ms. Hoyland further asked when the automotive component was converted to retail was the project assessed for parking and Mr. Rumpf stated that it was. She inquired if the expansion of the use is included in the gross floor area and Mr. Rumpf stated it would be and would be assessed for parking. Ms. Hoyland inquired if the applicant would be able to meet their parking requirements and Mr. Rumpf stated they have not reviewed the plan. Ms. Hoyland questioned why the item was on the agenda and felt that the Planning Director should have handled it. Further, she did not think that the applicant provided the necessary information to the Board that would indicate that it is not an expansion of. a non-conforming use. She also felt it was an expansion of a non-conforming use. Chairman Finkelstein responded that the applicant had the right to appeal an administrative decision. Ms. Hoyland did not feel that there was sufficient evidence to allow an increase in the building's square footage, which is non-conforming, and supported staff's decision. Mr. Fenton did not agree with Ms. Hoyland and felt that the City's Code is antiquated and needs to be updated. He did not think that putting in the addition would cause any harm. Mr. DeMarco pointed out that a 20' x 30' building is not small and felt that the Board should be furnished with a site plan before anything could be approved. Chairman Finkelstein also agreed with staff's interpretation of the Code and said he could not approve anything without looking at a site plan. He asked how long the trailer has been on the property, and Attomey Weiner stated it has been there since 1999. Chairman Finkelstein inquired when the Code citation was issued and was informed it was 2001. Attorney Weiner stated that before they could present the site plan, they had to get approval for the building. Vice Chair Heavilin inquired if the item was approved, would the applicant have to come back for site plan approval? Attorney Payne noted that tonight's issue is an appeal of an administrative decision and the Board should not be looking at the item as a site plan issue. The question tonight is whether the use is an expansion of the non-conforming use. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Quintus Green, Development Director, noted that the issue tonight is whether or not the facility is a legal non-conforming use and it is not. Therefore, the proposal would be an expansion of a legal non-conforming use and staff has determined that it is an expansion of a non-conforming use. He has never heard of a Code that would allow for the expansion of a non-conforming use. Ms. Hoyland suggested that the applicant process a Text Amendment to amend the Code. She felt that if the Board approved the request, it would set a precedent for other non-conforming uses. Ms. Hoyland requested that the Board support staff's interpretation of the Code. Motion Ms. Hoyland moved to deny the applicant's appeal of the decision of the Planning and Zoning Director's .decision as noted in the staff report. Motion failed for lack of a second. Motion Mr. Fenton moved to accept Mr. Marouf's request for an additional 20'x30' addition to his business. Motion failed for lack of a second. Motion Ms. Hoyland moved to uphold the decision of the Planning and Zoning Director. Chairman Finkelstein passed the gavel and seconded the motion. The roll was called and the motion carried 3-2 (Don Fenton and Vice Chair Heavilin dissenting). New Business Land Use Plan Amendment/Rezoninq Project Agent: Owner: Location: Description: Merano Bay (LUAR 02-006) Cados Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast corner of Shore Drive and North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Commercial (LRC) to High Density Residential 10.6 du/acre; and Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (I PU D) B. New Site Plan Motion 1. Project Name: Agent: Owner: Location: Description: Merano Bay (NWSP 02-014) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast corner of Shore Drive and North Federal Highway Request to construct 20 fee-simple townhome units on a 1.75-acre parcel Ms. Hoyland moved to remove Items A. 1 and B.1. from the table. Motion seconded by Vice Chair Heavilin and unanimously carried. Dick Hudson, Senior Planner, presented the item. When staff was going through the site plan review, it was discovered that the advertisement for the item was incorrect. Mr. Hudson pointed out that the IPUD regulations could apply to both the C-3 and the high density residential. Both would allow 10.8 units per acre. The applicant thought that they were applying for the special high density and as a result, when this was discovered, it was too late to re-advertise for this meeting. Staff is asking that the Board review the Rezoning and Site Plan for approval. The Land Use Amendment will be re- advertised as soon as possible. The Site Plan will function as the Master Plan and staff is very pleased with the Plan. The Site Plan has been handled very well; the amenities are centrally located; there is adequate parking; and the landscaping is very good. The project exceeds the basic development standards. The only problem is that the applicant is only allowed to build 18.9 units and they need 20. Staff is recommending that the rezoning to the IPUD District and Master Site Plan be approved contingent upon the approval of the reclassification to special high density residential. The project meets the eight criteria as outlined in staffs report; is consistent with the Comprehensive Plan Policies; and would blend in with the adjacent single-family residential properties to the east. Staff recommends approval of the Zoning and Site Plan. The Land Use Amendment will be brought back to the next meeting. Maxime DuCoste-Amedee, Planner for the City, presented the Site Plan. The applicant is applying to build 20 fee-simple townhomes at the southeast corner of North Federal 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida O~ober 8, 2002 Highway and Shore Drive. There would be four separate buildings on 1.75 acres. There is a pool that is centrally located and each building would have five units around a circular drive. The buildings will be two-stories and would include three to four bedrooms and three bathrooms. Currently the property is undeveloped. Both the ingress and egress to the development would be 12' wide along Federal Highway. The interior circular drive would be 20' in width. There will be 43 parking spaces as opposed to 40 that are required. Each unit would contain a one-car garage with a one-car driveway that could accommodate two cars. There will be three additional parking spaces around the recreational area, including a handicap space. The back-up distance for the parking spaces is 24' with the exception of Units #1 and #20 that are adjacent to the entrance. Staff is recommending that the applicant request a waiver in order to meet the 24' backup. The landscaping is lush and above Code. There will be 54 trees, which is much more than the required 50%, and all the landscape material will be native. The townhomes will be 25¼' in height and a CBS 6' wall will be placed along the west and north property line, which will be setback at least 4' from the property line. A condition has been included that the color of the wall would be similar to the exterior of the buildings. The architectural design of the project is a Neo-Mediterranean design and the extedor wall will be stucco with two color options. All architectural enhancements will be white. The Spanish roof tiles will be terracotta. There will be a separate signage review by the CRA when the applicant brings the signage forward. Staff feels that the project meets the intent of the IPUD regulations and actually goes beyond the typical requirements and staff recommends approval of the Site Plan. There are 25 Conditions of Approval, and staff would like to add another condition to total 26 Conditions. The new condition would state that, "The proposed 6' high masonry wall located along the north and west property line shall be painted the same color to match the color of the proposed buildings." Carlos Ballb~, a consulting engineer from Ft. Lauderdale is the agent for the project. He stated that they are proposing to build a luxury townhouse community and incorporated staff's comments when they designed the project. He feels that the community will blend in with the commercial to the north and the single residential homes in the area. The entrance has been designed to have little impact upon the neighborhood and they are planning to enhance the entrance to the Coquina Cove subdivision by adding a sidewalk, curbs and gutter, as well as landscaping. Mr. Ballb~ respectfully requested that the project be approved. There was no one that wished to speak during Public Audience. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Chairman Finkelstein asked the agent to address any staff comments that they did not agree with or need further clarification on. Mr. Ballbb addressed Comment #1 regarding the minimum backup distance for 90° being 24' and thought that this issue had been resolved by adding more distance between the townhouses and adding a sidewalk around the perimeter of the roadway. The only units that this would apply to are the two end units. The agent requested a waiver for this item. Chairman Finkelstein pointed out that this was included in the staff report. Mr. Ballbb said that they agreed with all other staff conditions. Mr. Fenton inquired about the overhead wires and Mr. Ballb~ stated that there were no overhead wires on the property. Chairman Finkelstein requested to look at the color chart. Mr. DeMarco noted that the color for the garage doors presented was darker than the colors on the artist's rendering. Mr. DeMarco would like to see the garage doors painted a lighter color. Ms. Hoyland noted that staff has recommended a CBS wall, but the site plan indicates a pre-cast wall. Mr. Ballb~ said they were proposing to install a pre-cast wall. Mr.. DuCoste-Amedee stated that staff would prefer to have a CBS wall. Ms. Hoyland also questioned why there is such a mixture of materials around the perimeter of the site, such as a 6' pre-cast wall along the north property line and along the northeast property a 6' high shadow box wood fence is being proposed. Also there is already an existing metal fence. Mr. Ballbb responded there are a lot of pre-existing conditions. The only thing they will be doing is adding a pre-cast wall along Federal Highway and Shore Drive. They are trying to preserve the existing landscape and there is also an existing CBS in the neighborhood. The existing chainlink fence belongs to the South Florida Water Management District. Ms. Hoyland inquired about the reduction for Units 1 and 20 from 24' to 15' and if staff is supporting this. Mr. DuCoste-Amedee stated that the 24' is a standard engineering drawing. He is not sure if the Engineering Division would support reducing the driveway. Mr. Rumpf said that there have been brief conversations with the Engineering staff and he believes that they generally support the reduction; however, this is unofficial. Obtaining a waiver is an administrative function and the applicant would not have to come back to the Board. Mr. Ballb~ stated that they were not proposing to add any hedges along the SFWMD Canal. Ms. Hoyland referenced the large triangular paved area around the pool and thought that the pavement could be cut back and more landscape could be added. Mr. Ballbb 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 said that they would be willing to cut back some of the paved area, but only as much as would be allowed under the Fire Codes. Ms. Hoyland complimented the applicant on their elevations and noted that the project exemplifies what is needed in IPUD districts. She would like to see additional architectural detail on the side elevations and suggested that the score line be continued around the side of the building. She also suggested adding additional windows or faux windows that would be comparable to what is on the front of the building. Mr. Ballbb said that they would be amenable to these suggestions. He pointed out that there would be shade trees in the backyards, which is why they emphasized the detail on the second floor because the second floor would be more visible. Ms. Hoyland suggested that staff work with the applicant to come up with some ideas on what the Board would like to see along the rear of the units. Mr. Ballbb felt that they could work with staff on this. Chairman Finkelstein commented on #19 regarding placing a bus shelter along Federal HighwaY. Mr. Johnson stated that there is a bus stop that is north of the property at the- commercial plaza. Mr. Johnson said that the rationale behind this comment was that the project would impact mass transit and to enhance the bus stop would further advance public purpose. The applicant agreed to coordinate with Palm Tran. Vice Chair Heavilin pointed out that Comment #21 is the same as Comment #26 that staff added. Mr. DuCoste-Amedee recommended removing comment #26. Board members complimented staff and the applicant for bringing forward an excellent project. Motion Mr. DeMarco moved to approve the recommendations of Planning and Zoning for Items A. 1 and B.I. Ms. Hoyland requested that the following amendments be made to the motion: 1. Comment #19, dealing with the bus shelter, be deleted. 2. A CBS wall be provided, rather than a pre-cast wall for all new walls onsite. 3. That the center island be increased with more landscaping and that the applicant work with staff and the Fire Department to maintain the turning radius necessary on site. 4. That the garage doors be 9' wide without shifting or making the building larger. 5. That the side elevations include more architectural details, specifically with respect to Units #1 and #20 and that these elements be similar to the types of elements that are provided on units 1, 2 and 4 to include additional architectural 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 elements, specifically balconettes and railings above each patio and door window and additional elements that staff and the applicant can work out. That staff and the applicant work out the details of the waiver associated with the drive aisle behind Units #1 and #20 The score lines indicated on the rear elevation be continued around the side elevations on all buildings. Vote Mr. DeMarco agreed to amend his motion to include these comments. seconded the amended motion that unanimously carried. Ms. Hoyland Mr. Ballb~ stated that this is the first project for Southern Homes in Palm Beach County and that they are looking forward to bringing more projects to Boynton Beach. C. Conditional Use Project Name: Agent: Owner: Location: Description: Victoria's Closet (COUS 02-004) Thomas McCormack 3602 NFHB, LLC 3602 North Federal Highway Request Conditional Use Approval for a 34,484 square foot self-storage facility in a C-3 zoning district Mr. Johnson presented the item and stated that the property consists of 1.9 acres and is zoned C-3. He pointed out that in a recent interpretation of the Code by legal staff, which was initiated by representatives of the applicant, a weakness in the Code Amendments was identified that would essentially allow this use to be carried forward into the C-2 and C-3 districts. Once this Code weakness was realized, the City passed R02-135 on August 6, 2002 and followed up with a public hearing in accordance with procedural requirements established by 000-53. The Notice of Intent process allows for the initiation of a study of code amendments to address a particular code issue. The current NOI is in effect for 180 days; however, the applicant submitted their application prior to the passing of the resolution and is therefore eligible for review and consideration. Self-storage facilities, in accordance with the interpretation, will be a conditional use in a C-3 Zoning District. For evaluating Conditional Uses there are 12 standards and Mr. Johnson evaluated the important points. The site plan shows that there will be one ingress lane and there will also be another egress lane for emergency vehicles only. The Palm Beach County Traffic Division states that the project meets the traffic performance standards of the County and this use would only generate 237 new trips. The Code requires 14 parking spaces and the applicant is providing 17 spaces. There will be a loading zone in the rear of the building that will not face Federal Highway. The 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 dumpster enclosure will face north and the Code requires that landscaping be on all three sides. The demand for water and sewer would be very limited since self-storage does not have an intense use. ^ 6' buffer wall is proposed along the west property line and a portion of the north property line. The wall must be constructed prior to the issuance of the C.O. The project perimeter will have a 30' wide landscape buffer along Federal Highway and a 5' buffer along the north and south sides of the project. The project is located between two commercially zoned properties and the west buffer stdp will be a minimum of 12' wide. The sign on the wall will be a backlit, 54 square foot sign. There will be one monument sign that will be double-faced and intemally lit. The proposed project is compatible with the existing commercial uses and is a three- story building. The top of the roof will be 43' in height. The project complies with all 12 standards for evaluating a conditional use. There are 24 Conditions of Approval and staff is recommending approval of the project, contingent upon the 24 Conditions of Approval. Attorney Dick Coker, representing the applicant, introduced Thomas McCormack and. Charles Highley, the two owners; the Planner, Anna Catrell; the Architect, Bill Osborne; and the Landscape Contractor, Bob Linscott. Attorney Coker stated that the project would be an office-like, air-conditioned facility. There is virtually no traffic impact, no noise, since the only business is the storage of personal and business equipment. The design has been done to be compatible with the neighborhood. He pointed out that this is a depressed area and will be the first new construction in many years. Anna Catrell stated that they agreed with all staff conditions. The project being presented tonight is through a joint working effort with staff and the applicant. The building is Mediterranean in style, color and architectural details. The building is only 30' high and the additional height is due to the barrel tile roof element at the front of the building. The building will blend in well with Tuscany Apartments. The applicant has incorporated arched windows, which was a staff recommendation. There is molding in the middle of the building that goes all the way around. There will be landscaping along the sides of the buildings. There will be three 22' Royal Palms planted at the entryway. The large Banyan Tree will be preserved and will be the focal point of the site. The only signage will be on the front fa(}ade and one freestanding sign not to exceed 8'. There will be a concrete wall separating the project from the residential area on the west and a portion of the north sides. There should be no impact on the residential areas. Ms. Catrell pointed out that the design meets or exceeds the Code requirements. Chairman Finkelstein opened up the public audience. 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Hector Garcia, representing Southern Homes of Palm Beach County, noted that they were the applicant for Merano Bay and they will be bringing several developments to the City along the Federal Highway Corridor. They own 7% acres across the street from this project, on which they plan to build approximately 110 luxury townhomes on the Intracoastal ranging in price from $400,000 to $1 million. They also have a contract for the adjacent warehouse sites and should be closing in December 2002. Mr. Garcia considers the subject project to be a "warehouse with a hat on it." He said that there are no real features that make the building exceed the design criteria of a mini-warehouse. They will be asking to rezone the adjacent property to build 43 townhouses on the south side and he feels that the wall would detract from his development. These townhomes would be priced similarly to the Merano Bay Townhomes and the building of warehouses along the Corridor would be detrimental to the redevelopment of Federal Highway Corridor. Chairman Finkelstein closed the public audience. Attorney Coker pointed out that Mr. Garcia continually referred to the self-storage facility as a "warehouse". This is not a warehouse project, but a self-storage facility with zero. impact upon any facility in the area. The project has been designed to be compatible with all the development in the area. Attorney Coker noted that Mr. Garcia tried to buy the property from Mr. McCormack, but was unsuccessful in doing so. Ms. Hoyland noted from the drawings that the entire roof appeared to be pitched. Ms. Catrell pointed out that the intent of the drawing was to show the site design, not the building design in relationship to the surrounding properties. The drawing presented tonight will not supersede the architectural drawings that were furnished to staff. Ms. Hoyland inquired about the width of the drive-out area from the property. Bill Osborne, the Architect for the project, responded that the turning radius for a fire truck is 54', so the pavement had to be extended to allow a fire truck to go completely around the building. Ms. Hoyland liked the front elevations, but had a concern regarding the elevations of the project in the CRA District. She did not think that the project on the north and south side adequately addressed the elevations that they are looking for on the Federal Highway Corridor. Ms. Hoyland also liked the landscaping proposed for the site, but would like to see a storage facility similar to the one on Hypoluxo Road, just west of Federal Highway. She would like to see faux arched windows with a breezeway. When you drive by that building you would not know that it is a storage facility. Ms. Osborne stated that they could put some faux windows on the north, south and west sides if the Board so desired. 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Ms. Hoyland suggested including awnings on the west side as well. Mr. Osborne agreed to this. She also suggested adding some parapet features on the back of the building or down the sides in order to "dress" up the long, expansive walls. Mr. Osborne said that they would be willing to readdress the side and rear walls. Mr. DeMarco inquired if the building were a three-story building and was informed that it was. Mr. Coker explained that even though it is three stories, it appears to be only a two-story building. The floors are only 10' high. Mr. DeMarco would also like to have the walls dressed up. Ms. Catrell pointed out that the building is not devoid of architectural detail. There is a molding that goes around the center of the building; there are color accents that match the awning and the signage. She also pointed out that there are foundation plantings all along the building. Mr. Johnson pointed out that the applicant needs to provide staff with the details of what the gate for the fire truck exit would look like. Mr. Osborne stated that it would a decorative metal gate. Chairman Finkelstein questioned staff Comment #14 that mentioned that the applicant should indicate the replacement trees on landscape sheet SP-1. Mr. Johnson responded that both plans were SP-1 and when the comment was made, the City Forester was referring to the plan that shows all the landscape material. Motion Ms. Hoyland moved to approve the Conditional Use for Victoria's Closet and the associated Site Plan as presented with the conditions as listed in staff's report and the following added conditions: That the north, south and west elevations include greater architectural details, such as faux windows with awnings on the east elevation, decorative vertical elements, such as columns to break up the large expanse of the building; a tower feature as indicated on the east elevation be included on the north and south elevations. Ms. Hoyland entered her plan into the record. Vice Chair Heavilin seconded the motion. Attorney Coker stated that they did not have a problem with the general direction and comments. With regard to the specific design suggestions, he requested that their architect look at the changes and determine what changes they could incorporate and then bring them back to staff. He noted that there would be some problem with roof drainage if towers were added on the north and south. He would like it stated that they agree with the spirit of the motion and suggestions and asked that the applicant be given some latitude in working with staff to address the design issues. 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Ms. Hoyland responded that if it were left up to staff, the Board would not know what the changes would be. Chairman Finkelstein pointed out that staff understands the spirit of Ms. Hoyland's direction. Mr. Rumpf stated that some of the conditions could be deemed substantial. He noted that the tower could become a substantial element and this puts staff in a difficult position. Chairman Finkelstein pointed out that the costs of these suggestions need to be considered as well. Chairman Finkelstein thought that there would be room to add additional landscaping in the back of the property. He questioned whether a tower was necessary on the north and south sides. Mr. Osborne said that they could include some gables on the north, south and west side of the building and they could include some columns to provide some depth. Ms. Hoyland amended her motion to give the applicant the option of doing towers, as she noted previously, or decorative gable parapets with roof tiles, decorative columns and other similar details to further enhance the north and south elevations. There would be awnings on the west elevation. Attorney Coker stated that this was acceptable. Vice Chair Heavilin seconded the amended motion. The motion unanimously carried. The owner of the property commended staff for doing a wonderful job and appreciated staff's assistance throughout the entire process. VI. Director's Report: A. Project Updates 1. Financial Report for September 2002 The Financial Report is in transition. An error was found and there should be $16,250 coming back into the fund. 2. Relax Inn Closing Mr. Hutchinson referred to the memo in the agenda packet and stated that members will be appdsed of the date. 3. Consider Date for Grand Opening of the new CRA Office Not addressed. 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 4. Design Guideline RFQ Mr. Hutchinson pointed out that they could piggyback the same design firm that Delray Beach is using for their design guidelines. This would eliminate the need to go out for an RFQ and advertising. This would save staff a great deal of time and effort. Chairman Finkelstein asked Mr. Hutchinson if he had any figures. Mr. Hutchinson will bring them to the November meeting. 5. Heart of Boynton Workshop Date Mr. Hutchinson announced that the Heart of Boynton Workshop would be included in the November meeting, thus eliminating the need for an additional meeting. Vice Chair Heavilin asked about the Core Grant Agreement for the Shipwreck and noted that the memo 'indicates that the Grant was for the Shipwreck and Booker T's Restaurant. Chairman Finkelstein responded that it was just for the Shipwreck. He reported that the project was not completed and the money should be coming back to the CRA. The Agreement calls for the City (or CRA) to notify the County if the project. does not go through. Mr. Hutchinson said he would follow up this question with Mr. Sugerman and make sure that the County is notified. VII. Unfinished Business: A. Consideration of a Contract and payment fees to Robert Half Agency Chairman Finkelstein requested that the words "pro rata" before the word "guarantee" in the second paragraph be deleted. Mr. Hutchinson also pointed out that the modifications and changes previously requested have been made. Motion Mr. Fenton moved to approve the contract with the deletion of the words "pro rata" in the fourth line of the-second paragraph of the contract. Motion seconded by Vice Chair Heavilin and unanimously carried. Bo Re-Consideration of Payoff of CRA Loan at Bank of America and direction to seek proposals to establish a line of credit Mr. Hutchinson determined that a prepayment penalty would apply under certain circumstances. The penalty for eady payoff is based on the difference between the note's interest rate and the market interest rate at the time of payoff. Since interest rates are now very Iow, this would come to approximately $535,000. Chairman Finkelstein said that he did some figures on this and came up with a figure of $170,000. Mr. Hutchinson noted that in order to actually determine the penalty, the Bank's 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 California office needs to be contacted. Mr. Hutchinson requested that no action be taken until the exact penalty amount could be determined. Ms. Hoyland inquired why it was necessary to pay off the loan. Chairman Finkelstein pointed out that the Board borrowed $3 million to purchase real estate and the money has not been spent. The CRA is losing $100,000 on the loan that it has not used. Chairman Finkelstein would like to switch to a line of credit where you would only pay interest on money actually borrowed. Even if the loan were paid off, the Fund would still have $3 million. If the Board has to keep the money, it will have to determine how to utilize the funds. Mr. Hutchinson will report back at the next meeting C. Report on the High School Mr. Hutchinson reported that he did meet with two developers, staff from the Children's Museum and some City staff, but because of the move of the CRA offices, he did not have an opportunity to come up with a report. He felt that they have made some progress. He has also spoken to some people that can assist with funding up to $2 million through various sources. Chairman Finkelstein noted that it has been stated that it would cost $5 million to refurbish the building and it has been established that the intent of the CRA is that they are not interested in this project. Mr. Hutchinson said that he has found credible people that could pay for it and want to be included in forming the master plan. Mr. Hutchinson will report back in November. James Barretta, 74 Baytree Lane, Boynton Beach, stated that he is an architect and has an office on Ocean Avenue in Boynton Beach. He urged the Board to allow the Director sufficient time to do a proper evaluation. He pointed out that this is one of the last remaining, large historical buildings in the City. He did not think that it would cost $5 million to renovate the building. Mr. Barretta thought the cost would be closer to $2 million. He volunteered $10,000 of his services to study the facility to determine if a solution could be found. Mr. DeMarco reported that he spoke to the person that redid the school in Delray Beach and he expressed an interest in helping out on this project as well. Mr. Fenton would like the Board to focus its energy on redevelopment of the City and not the Old High School. VIII. New Business: A. Consideration of a Contract for Services for the CRA Signage Program Mr. Hutchinson stated that they put a lot of work into this. There is an agreement with Guidance Pathway Systems, Inc. in the agenda packet for the Board to review. Ms. Hoyland requested that she have more time to review the agreement. 28 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Motion Ms. Hoyland moved to table the item until the next meeting. Motion seconded by Mr. Fenton and unanimously carried. B. Consideration of establishing a new Fa(;;ade Grant Program Mr. Hutchinson referred to the revised Fa(;;ade Improvement Grant Program in the agenda packet. He is recommending that the items in italics be deleted from the Program, which are paragraphs 1 through 12. Ms. Hoyland thought that some of the conditions were too invasive. Vice Chair Heavilin noted that on the Program Guidelines the numbering went from 4 to 6 and asked if there was a paragraph 5. Mr. Hutchinson stated that this was a numbering error. Chairman Finkelstein questioned if Paragraph 14 should include "alleyways." Further, Chairman Finkelstein requested that in Paragraph 1, under Reimbursement Regulations, he would like to add the words "and approval of completion of the work by the CRA" at the end of that paragraph. In Paragraph 2 under "Reimbursement Regulations" item (3) it states that: the Application shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Chairman Finkelstein would like to include "before" photos as well. Mr. Hutchinson stated that these would be supplied at the time of the application. Vice Chair Heavilin inquired why it took 90 days to process a reimbursement request. She felt that 90 days was too long. Ms. Hoyland suggested using language such as "the first Friday of the month following the Board meeting." Mr. Hutchinson stated that staff needs to have sufficient time to do the background work. Mr. Fenton suggested stating "ten working days after approval by the Board." Members agreed to this language. Ms. Hoyland inquired how a person would be chosen to participate in the program. Mr. Hutchinson responded that it would be by the building. He said that there are nine pending applications. Chairman Finkelstein noted that all applications are subject to Board approval. Chairman Finkelstein pointed out that the grant has a maximum of $15,000, and the Board has $100,000 to spend on the Program. Attorney Payne pointed out that the grant requires matching funds and not all applicants have $15,000. Vice Chair Heavilin inquired why roofs were included. It was decided to eliminate roofs from the program. Motion Mr. Fenton moved to approve the Fa(;ade Improvements Grant Program, as amended. Ms. Hoyland seconded the motion that unanimously carried. 29 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Mr. Hutchinson said that he would provide a revised document. C. Consideration of Establishing a Direct Incentive Program Motion Ms. Hoyland moved to table Item VIII.C. until the next meeting. Motion seconded by Mr. Fenton and unanimously carried. Mr. Hutchinson reported that there is an applicant for this program that will be on the next agenda. IX. Other Items None X. Public Audience None Xl. Adjournment There being no further business, the meeting propedy adjourned at 11:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (Five tapes) (October 9, 2002) 30