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Agenda 12-10-02Call to Order. COMMUNI'r~ H'~-'u~-v~=LU'PMENT AGENCY Tuesday, December 10, 2002 Commission Chambers Boynton Beach 6:30 P.M. Roll Call. ~Z. Agenda Approval: 586 A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV, Consent Agenda. 589 A. Approval of Minutes- November 12, 2002 CRA Board Meeting. 590 B. Cancellation of Employment Contract and adopt CRA Employee Status ¢. Financial Report 61 7 616 V. Public Audience. 620 VL Public Hearing 621 Planning and Zoning Hearing Items New Business A. Land Use Plan Amendment/Rezoninq (Revised) 622 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 tv roceedings is nmde, 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 witl~ a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. PleaSe contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. 586 1. PROJECT: AGENT: LOCATION: DESCRIPTION' Mixed Use-Core (LUAR 02-10) 622 City-initiated East side of Federal Highway, between Ocean Avenue and NE 4th Street Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use-Core (MX-C). PROJECT: AGENT: OWNER: LOCATI ON: DESCRIPTION: Beachside at Boynton (LUAR 02-008) 629 Siemon & Larson, P.A. Gulfstream Lumber Company 1415 South Federal Highway Request to amend the Comprehensive Plan Future Land use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and Request to rezone from C-3 Community Commercial to Mixed Use-Low Intensity (MU-L). For Mixed Use development (residential, retail and office). Comprehensive Plan Text Amendment (CPTA 02-002) 63 6 1. AGENT/OWNER: City-initiated DESCRIPTION: Request to amend Comprehensive Plan Objective 1.12 and Policies 1.12.1 and 1.12.2 in the Future Land Use Element to Update the review process for residential developments in the Coastal High Hazard Area; and Request to amend Comprehensive Plan Policy 1.16.1 to add lists of uses allowed in residential land use categories; to recognize recommendations of the "Federal Highway Corridor Community Redevelopment Plan" as a basis for designating certain lands as Special High Density Residential land use; and to establish the 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 Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. 587 Mixed Use-Core and Conservation land use categories and corresponding lists of allowed uses. VI/, Director's Report: 648 A. Updates 1) Way Finding Contract VIII. Old Business: 649 IX. A. Heart of Boynton Plan Initiation Request. 65o B. Consideration of adjusting criteria for the Fagade Grant Program 653 C. Consideration of Fagade Grant request from Marc Fender for High Ridge Properties LLC. 66 New Business: 664 A. Consideration of Fagade Grant for Grace Fellowship Church 665 B. Consideration of Piggy Back contract for the Design and Construction of the Boynton 683 Beach Blvd. Extension, Promenade and River Walk X. Other Items: XI, Adjournment. 588 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 oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. IV. Consent Agenda. person who decides to appeal any decision of the Community Kedevelopment Advisory Board with respect to any matter ;idered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of )roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. cit~ -,~all furaish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ~rtunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas hinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably mmodate your request. 589 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING H'~LD~IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 12, 2002 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Henderson Tillman Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Dale Sugerman, Assistant City Manager I. Call to Order Chairman Finkelstein called the meeting to order at 6:40 p.m. II. Roll Call The Recording Secretary called 'the roll and declared that all members were present. II1. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda The following changes were made to the Agenda: At the request of Mr. Aguila, the addition of a discussion for a recognition program for outstanding landscaping and aesthetics projects was added under Item X., "Other Items." Chairman Finkelstein requested that the fo lowing items be added to the Consent Agenda: o VII.2, "Financial Reports" VII. 7, "Preferred selection process to complete Boynton Beach Boulevard District CRA Plan Up" VII. 8, "Design Guidelines Overlay" VIII. F, "Consideration of Insurance for Property and Liability, Windstorm, Workers Compensation and Employee Bonding" IX.A, "Approval of Revised Travel Policy" IX, C, "Consideration of Employee Health Insurance Plan" 59O Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 IX.D, "Consideration or Resolution to Secure a CRA Credit Card" Item IX.B, "Consideration of Fa(;ade Grant Request from Marc Fender for High Ridge Properties LLC" was moved up as Item VI.E. Ms. Hoyland requested that the following items be added to the Consent Agenda: VII. 3, "CRA/BODA Downtown Event" VII. 4, "Events Coordination Effort" Ms. Hoyland also requested that Item VIII. H "Resolution of the Boynton Beach Community Redevelopment Agency, reconfirming and reauthorizing the purchase of the Relax Inn", be moved to the Consent Agenda. Chairman Finkelstein informed Ms. Hoyland that this item had to be addressed separately. B. Adoption of Agenda Motion Mr. Aguiia moved to approve the Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Chairman Finkelstein inquired if any Board member wished to remove an item from the Consent Agenda. Vice Chair Heavilin and Mr. Aguila both requested to remove Item VII. 3 "CRNBODA Downtown Event" for discussion. Ms. Hoyland requested to remove Item IX.C, "Consideration of Employee Health Insurance Plan" for discussion. Ms. Hoyland requested to remove Item IX.D "Consideration or resolution to secure a CRA Credit Card" for discussion. Mr. Aguila requested to remove Item VIII. F, "Consideration of Insurance for Property and Liability, Windstorm, Workers Compensation and Employee Bonding" for discussion. IV. Consent Agenda Motion Mr. Aguila moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. A. Approval of Minutes - October 8, 2002 CRA Board Meeting Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Vice Chair Hea~lin pointed out that the Agenda packet included a duplication of the minutes, which, were numbered pages 414 through 443. She requested that the pages be renumbered accordingly. Motion Vice Chair Heavilin moved to approve the minutes. Motion seconded by Mr. Aguila and unanimously carried. Item VII. 3 "CRA/BODA Downtown Event" Vice Chair Heavilin had concerns that the event had been announced before it came before the Board for approval. She requested that a budget and a breakdown of the $7,500 be furnished. Mr. Aguila inquired if the word "accusations" contained in the first paragraph of the second line in the agenda 'backup memo (page 497) was correct and requested a clarification. Chairman Finkelstein suggested the word be changed to "occasions." Mr. Aguila also would like more detail on how the $7,500 would be spent. Mr. Hutchinson responded that the money was in the budget set aside for events. The money will be used for entertainment, flyers and tee shirts. It is anticipated that the selling of tee shirts will generate revenue. Because some of the work will be done in house, the full amount may not be needed. Since the event came up quickly, Mr. Hutchinson felt that they needed to move quickly to help the downtown out: $5,000 will be used for the entertainment and $2,500 will be for ,cidental items. BODA will also be contributing prizes and other items. Vice Chair Heavilin inquired if BODA would be paying for anything, and Mr. Hutchinson said that they would be paying for various items. Chairman Finkelstein inquired who would be responsible for the insurance for the event and Mr. Hutchinson responded that the CRA insurance covers events. The City is waiving whatever fees .may be necessary. Vice Chair Heavilin inquired about the time of the event and was informed it would begin at approximately 6:30 p.m. and run to 10:00 p.m. It was pointed out that the Parade this year will take place on Congress Avenue. Mr. Aguila requested that Mr. Hutchinson report to the Board what the actual expenses were, which he agreed to do. _Motion Mr. Aguila moved to approve $7,500 for "Lets Go to the Hop" as suggested in the November 8, 2002 memo. Motion seconded by Mr. Fenton. 592 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Aguila ame~nded his motion to state, "not to exceed $7,500", which Mr. Fenton agreed to. The motion unanimously carried. Item VIII. F, "Consideration of Insurance for Property and Liability, Windstorm, Workers Compensation and Employee Bonding" Mr. Aguila pointed out that there was a typographical error in the first line of the memo in the agenda packet and that the word "statues" should be changed to "status." Chairman Finkelstein also suggested that the word "and" be removed in the second line so that the sentence would read, "As an independent agency, ....... { Del~,~.' and it is in the best interest..." Motion Vice Chair Heavilin moved to approve. Motion seconded by Mr. Aguila and unanimously carried. Item IX.C, "Consideration of Employee Health Insurance Plan" Ms. Hoyland inquired if the amount budgeted for this item in the memorandum was the CRA contribution to cover the employee or was it the employee's contribution. She was informed that it was the CRA's contribution, which was $811.66 per month for the employee only. The employee would be responsible for 100% of any coverage for a dependent, and the CRA would pay 100% of the coverage for any employee. Staff is recommending approval of Aetna for health insurance and CompDent for the dental and eye program. Motion Mr. Tillman moved for approval. Motion seconded by Mr. Aguiia and unanimously carried. Item IX.D "Consideration or Resolution to Secure a CRA Credit Card" Chairman Finkelstein thought that the word "or" in the title should be "of". Ms. Hoyland inquired if staff is asking the Board to consider creating a resolution. Mr. Hutchinson responded that the Bank furnished their own Resolution and is requesting that their Resolution be executed. The Resolution is on Page 582 of the agenda packet. Chairman Finkelstein pointed out that the Resolution authorizes the Director, Controller and Administrative Assistant to become cardholders. The Board member names on the bottom of the Resolution are authorized to approve the Resolution on behalf of the Board and are not cardholders. 593 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Chairman Finkelsteir:i inquired if the authorization for a single purchase of $250 and $500 in anyone 30-day period would still apply and Mr. Hutchinson responded that they would. Vice Chair Heavilin inquired why staff was in need of a credit card and Mr. Hutchinson responded that they could be used to reserve rooms for Board members to attend conferences and for other travel related items. Mr. Aguila inquired if staff members were required to notify Mr. Hutchinson prior to using the credit card and he was informed that was the procedure. He was also informed that the statements would be available to Board members for their inspection and will be included on the financial statements. Motion Mr. Fenton moved for approval. Motion seconded by Mr. Tillman and unanimously carried. V. Public Audience Chairman Finkelstein announced that speakers would be limited to three minutes. Hilary Lynch, 28 Country Road, Village of Golf, President of the Board of the Boynton Cultural Centre, Inc., known as the Schoolhouse Children's Museum on Ocean Avenue, explained that the Boynton Cultural Centre is a non-profit corporation that has spearheaded the efforts to develop a hands-on Children's Museum by partnering with the City. While Ms. Lynch spoke, Brian Edwards ;stributed informational material, along with Ms. Lynch's speech to the Board members. Ms. Lynch pointed out that the Boynton Cultural Centre had been aware over the past months of the issue to tear down the Old High School, but chose to remain neutral because of the close partnership their Board has with the City. Ms. Lynch was present tonight, along with other members of their Executive Committee and Long Range Planning Committee to ask for time for the Boynton Cultural Centre to consider plans and practical uses for the Old High School. Ms. Lynch pointed out that they have the capability, experience, energy and knowledge on how to raise the money needed to save the Old High School. Now that the CRA is in charge Of the project, they would like to work with the CRA Director to formulate ways to use the Old High School and they would like time to discuss the use of the Old High School with their entire Board. William Orlove, 2459 SW Cranbrook Drive, Boynton Beach is a member of the City's Recreation and Parks Board. Mr. Orlove would like the Old High School preserved for Boynton's future. He noted the success of the Children's 594 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Schoolhouse M~seum and felt that the Old High School could enhance the Museum and bring more people downtown. Mr. Orlove requested that the CRA study the issue further and move forward in a positive way. Bruce Black felt that the decision about the Old High School is one of the most important decisions that could be made. He pointed out that several individuals have expanded into downtown and that the opening of the Children's Museum has been one of the greatest successes in the City. He noted that the voters passed the County's bond issue to create more cultural centers and he feels that this could happen in this area. Mr. Black was against teadng down the Old High School. He noted that there has been talk about putting in a band shell and this will draw people to the downtown, as well as the Marina Project on the other side of Town. Mr. Black felt that tearing down the Old High School would be contrary to the Visions 20/20 Plan and challenged the City to put up some money and partner with the CRA on the project. He noted that the City had money that could be earmarked for the project. Mr. Black also stated that the Library expansion will be taking place and the Old High School would be a great addition to the area. Brian Edwards, 629 NE 9th Avenue, Boynton Beach spoke on behalf of the Executive Committee of the Cultural Centre and said that they have not had an opportunity for their full Board of Directors to meet with the CRA Director. There are funding and timelines that need to be addressed and he would like additional time for their Board to work with the CRA Director. He indicated .that they could come back to the CRA Board within 9 to 12 months with a proposal. They have an active Board, major donors, community support and a proven track record. He urged the Board to give their p~oposal serious consideration. Harvey Oyer, 512 N. Seacrest Boulevard, Boynton Beach is a Trustee of the Boynton Historical Society and has been trying to have the Old High School preserved. Mr. Oyer felt that the City, when it was given the Old High School, should have placed it on the National Historical Registry~ The Historical Society created the Cultural Centre, Inc. so that the project could be a community-wide project. He would like the Historical Society to be given an opportunity to come up with a viable program for the use of the building and an opportunity to provide input. He did not think that the .project should be turned over to the Cultural Centre, Inc. Chairman Finkelstein closed the public audience. Mr. Aguila asked if the item could be addressed now or should the Board wait until it appears on the Agenda under Old Business? Mr. Aguila requested that the item be moved up. Chairman Finkelstein stated that the item could be moved up after the last Public Hearing item as Item VI.F. 595 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Aguila moved that the discussion on the Old High School be moved up as item VI.F. Attorney Payne pointed out that the item would not be under Public Hearings, but would be heard after the Public Hearing items. Motion seconded by Ms. Hoyland and unanimously carried. VI. Public Hearing Planning and Zoning Hearing Items Attorney Payne administered the oath to all persons who would be testifying. New Business PUBLIC HEARING A. Land Use Plan AmendmentJRezonin.q (Revised) Project Agent: Owner: Location: Description: Merano Bay 9LUAR 02-006) Carlos 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 Commercial (LRC) to Special High Density Residential (SHDR) 20du/acre Dick Hudson presented the item on behalf of staff and explained that the Board approved the rezoning and the site plan for the project, and that the land use amendment had to be re-advertised to include the two extra units. Therefore, staff is bringing back this item for this purpose only. No one wished to speak under the public headng. .Motion Mr. Aguila moved to approve. Motion seconded by Vice Chair Heavilin and unanimously carried. 596 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 B. C~'~prehensive Plan Text Amendment (CPTA 02-001) 1. Agent/Owner: Description: Staff Initiated Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations. (This amendment is in response to the objections of the State to the South Congress Residential [LUAR 02-002] Application .) Dick Hudson presented the item on behalf of staff to amend to the future land use element of the Comprehensive Plan in order to alleviate a restriction in the current language that prohibits the conversion of industrial land to any use that does not produce jobs. Staff wants to add language that would allow the City to convert land if it would assist the City in meeting its housing goals. That goal is: "The provision of decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City." This is being processed concurrently with the land use amendment for South Congress Avenue for conversion from industrial to residential use. When the amendment was sent to DCA, they objected to the policy in the Comprehensive Plan. DCA suggested that the policy be amended. Staff worked with the original applicant to come up with a suitable land use amendment and the final language agreed to for the proposed text is as follows: "The City shall provide continued effort to allow for industrial acreage; however, that land designated 'industrial' on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." Mr. Hudson went on to explain that when the Comprehensive Plan was first developed a study was done to project the needs for both commercial and industrial lands. Almost 70% of industrial land in the City is developed for warehouse use and employs approximately 8 persons per acre, whereas light industry would employ 24 persons per acre. Therefore, the jobs that were anticipated never came to fruition and currently there is a high vacancy rate in industrial buildings in the City. The amendment will provide for some 597 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 development that wobld benefit the City and result in some kind of employment. Staff is requesting that the amendment be approved. Vice Chair Heavilin inquired under the new language if the land could be used for either industrial or residential, which Mr. Hudson confirmed was correct; provided that a market analysis is done to support the request. Ms. Hoyland noted that the Policy is referred to as Policy 1.19.2 under staff's proposed text and under proposed text as recommended by the P&D Board the Policy is referred to as Policy 1.19.1. Mr. Hudson stated that this is a typographical error and the Policy numbers should be the same. Ms. Hoyland inquired if all three criteria recommended by the P&D Board had to be met or would only one criterion be sufficient. Mr. Hudson stated that only one of three would be acceptable. Mr. Fenton inquired why this item was being brought before the CRA since Congress Avenue is not in the CRA District. Mr. Hudson explained that all text amendments to the Comprehensive Plan are citywide and could affect land in the CRA. Mr. Fenton inquired how much industrial acreage remained in the City? Mr. Hudson responded that in 1987 there were 775 acres designated industrial and 247 of that original amount was developed industrial. In 1996 there were 438 acres undeveloped. As of October, there are 101 acres remaining that includes the 38 acres that are the subject of the text amendment. This does not include land remaining in Quantum. Also the property that remains industrial is in small ]rcels. Mr. Fenton inquired why the City wanted to get rid of its largest piece of industrial property. Mr. Hudson noted that staff went to the City Commission on October 1st and asked for direction on how to deal with the objections from DCA. The City Commission would like the land use in the City to respond to the market. Ms. Hoyland pointed out that the text amendment would not eliminate industrial it merely allows for other uses. Chairman Finkelstein opened up the public hearing. Bob Ensler, 26 Woods Lane, Boynton Beach noted that the Comprehensive Plan was formulated in 1989 and it was determined at that time how much industrial land would be needed and how much acreage the City had. The 1989 plan was based upon a consultant's report issued in 1986. The 1986 report was based upon data collected between 1980 and 1986. Therefore, the plan is based upon 20-year old data. 598 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Ensler com~imented Mr. Hudson in formulating the proper wording for the text amendment.. The City Commission did not put the word "prohibit" into the Comprehensive Plan until June 2000. When this was done the Commission was not aware that they were making this change based upon 20-year old data. Mr. Ensler noted that the City needed to come up with a new Comprehensive Plan, but in the meantime urged the Board to support the text amendment Kieran Kilday, Land Planner of Kilday & Associates, 1551 Forum Place, West Palm Beach pointed out that his firm worked on the conversion of the 38-acre parcel which resulted in the request for the text amendment. Mr. Kilday Stated that he was satisfied with the proposed language and that any change from industrial would still require a land use change, as well as a public hearing. Chairman Finkelstein closed the public hearing. Motion Mr. Tillman moved for approval. Motion seconded by Mr. DeMarco and unanimously carried. C. New Site Plan Project: Agent: Owner: Location: Description: CKS Incorporated (NWSP 02-005) Jeffrey Smith, JMS Design, Inc. CKS Incorporated Lot 44 Tradewinds Estates - East side of Old Dixie Highway, North of Gulf Stream Boulevard and South of Miller Road Request for site plan approval for an 8,043 square foot, one story office/warehouse building on a 0.67 acre parcel Mr. Rumpf presented the item. The proposed site was annexed on Apdl 17, 2002 and the Future Land Use Maps were amended to show the property with a commercial general land use classification in a C-4 Zoning District. A 27' single access drive is proposed and the required parking is one parking space for each 200 square feet of .office area and one space for 800 square feet of warehouse and mezzanine area. A future mezzanine area of 2,000 feet has been included for parking calculation purposes. The required 20 parking spaces will be provided. There are two emergency and service vehicular maneuvering areas that are provided at the eastern end of the site to be solely used as a turnaround. 599 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Rumpf des~'ribed the landscaping that would be placed on the site. The south landscape, buffer will be at least five feet in width with additional trees and hedges. The building is one-story and will be 23' 6" in height at the highest point of the parapet wall and will meet all setback requirements. The building will contain five condominium units. Excluding the future mezzanine area, four units will be 1,475 square feet and the fifth unit will be 2,238 square feet. The existing chainlink fence will be removed and replaced with a 6' white aluminum picket fence with a rolling secudty gate along the Old Dixie Highway right-of-way. There will be a 6' concrete block wall along the east property line adjacent to the trailer park and will be painted to match the building. The facade will be enhanced with a parapet with horizontal lines, arches and circular score lines. The overhead doors will face south. There is a proposed monument sign of 6' x 14' (48 square feet in area). Conditions of Approval will require that all details of the sign be provided and that the colors are consistent with the proposed building. Staff is recommending approval of the site plan based upon the conditions of approval contained in Exhibit C. Jeffrey Smith of JMS Design, 211 South Federal Highway assumed the podium. Chairman Finkelstein pointed out that there were 29 staff comments and Mr. Smith said he agreed with all staff comments except for comment #25. The owner would prefer not to enter into an agreement with the adjacent property owner that may not always be the same owner. They are proposing to provide a drop scaffold system for maintaining the wall instead. Mr. Rumpf responded that etaff would not have a problem with arrangements on how the applicant takes are of their building. No one wished to speak under Public Audience. Mr. Aguila noted that since the site is in the CRA area and would allow a drive aisle of 24', he would like the south line of the parking moved three feet to the north so that the three feet could become landscape area. Mr. Aguila also had concerns about how the backside of the property would look. Mr. Rumpf requested that Mr. Aguila's request be made a condition upon staff's approval to determine that the turnaround radius could accommodate oversized vehicles. Mr. Aguila suggested removing some of the pavement and 2' of overhang so that the pavement could be reduced. Mr. Rumpf thought that this could be worked out. Ms. Hoyland stated that the south and west elevations were nicely designed for its use and that the designer did a good job. Ms. Hoyland was against having blank walls on the north elevation and questioned the use of drop down 6O0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 scaffolding on the back of the building. She suggested adding some banding to the north elevation. Ms. Hoyland inquired where the air conditioning units would be located, and Mr. Smith said if there were air conditioning units they would be roof mounted. Ms. Hoyland wanted assurances that if there were air conditioning units that the proper screening would be provided or that the parapets ara increased to hide the roof equipment. Ms. Hoyland would also like the 3' reduction of the drive aisle along the south side of the property and would like this applied to the north elevation as well. She felt that by adding landscaping to the north elevation this would soften the building. In any event, Ms. Hoyland would like to have the north elevation softened either by adding banding or tower features or with landscaping. Mr. Smith agreed to soften the north elevation by adding banding or towers. With regard to adding 3' of landscaping, he had concerns. In the event it was decided to build on the north property line, there would be a 3' space where nothing would grow. Mr. Smith also agreed to reduce the drive aisle on the south end. Mr. Aguiia requested that it be a condition of approval that the roof equipment must be screened and that the top of the screening would be no lower than the top of the highest unit. Motion Ms. Hoyland moved to approve the site plan for CKS Incorporated, subject to the conditions as listed in the staff report and subject to the following conditions: 1. That the applicant work with staff to include increased architectural elements along the north elevations, such as, but not limited to, banding, increasing parapet walls and towers. 2. That the applicant work with staff to reduce the drive aisle to 24' and increase the landscaped area along the south property line by 3' unless prohibited by turning radius requirements. 3. That all roof top mechanical equipment be propedy screened and that the proposed screening must be as high as the top of the mechanical equipment. Mr. Aguila seconded the motion with the caveat that Item #25 be revised that an acceptable maintenance access agreement between the properties be established as approved by the City. Ms. Hoyland agreed to the amendment of the motion. Vice Chair Heavilin suggested that with regard to item #25 the language should state that the applicant come up with an alternate plan that would be agreeable with staff without involving the other property owner. Therefore comment #25 would be revised to state that only staff would approve an alternate maintenance program for the north elevation. 601 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 The motion carried 7-0. D. Height Exception 1. Project: Agent: Owner: Location: Description: Presidential Drive (HTEX 02-002) Richard C. Williams, Williams Construction Services, Inc. A&A Corporation, Inc. 719 Presidential Drive Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches (32'6") high, a distance of 2 feet six inches (2'6") above the maximum thirty (30) foot height allowed in the R-l- AA single family zoning district. Maxime DuCoste presented the case. The applicant is requesting to build an elevator hoist way on a proposed single-family house to be constructed at 32'6", which is 2'6" above the allowable maximum 30' height. The subject property is located at the end of Las Palmas at the Intracoastal Waterway and the house will have a roof sundeck, which currently is accessible only by an interior stairway. -he applicant_is proposing to erect an elevator at the northwest comer of the property. The elevator hoist will be enclosed to protect the mechanical components. The elevator is eligible for a height exception pursuant to Chapter 2 Zoning, Section 4.F.3, which Mr. DuCoste read. The overall building height will be 29'10", which is below the maximum height and the elevator hoist will be located at the least visible section of the subject property that abuts the Intracoastal Waterway. There will be no windows on the east and west sidewalls of the elevator and would limit view onto the adjacent properties. The elevator will provide a s~condary point of ingress and egress to the roof and sundeck. The design of tl~ elevator is consistent with the overall architecture of the house, and the height exception will not negatively impact the adjacent properties. Staff is recommending approval with no conditions of approval. No one wished to speak during the public hearing. 602 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Aguila moved for approval. unanimously carried. Motion seconded by Mr. DeMarco and Consideration of Fagade Grant request from Marc Fender for High Ridge Properties LLC. (moved up from Item IX.B) Mr, Hutchinson reported that this is the first applicant under the new Fa(~ade Grant Application process. The applicant has just begun to move forward with his project and the cost of the project well exceeds the match. The applicant has also received his permits. Mr. Hutchinson pointed out that the applicant has applied for other grants as well as beginning the project. Both of these criteria are not permitted under the City's Fa(;ade Grant Program. He did point out that although the applicant has begun the project, there is still a great deal to be performed. Chairman Finkelstein pointed out that Paragraph 5 of the Program Agreement conflicts with the application and that the applicant cannot apply for other grants. Attorney Payne said that in order for the applicant to be eligible for a grant, the Program has to be amended to eliminate this provision. Mr. Hutchinson inquired if this provision could be waived. Attomey Payne pointed out that since there was no provision for a waiver in the Program, this would not be possible. Mr. Aguila requested that the Program Agreement be changed and brought back to the Board for approval. Mr. Aguila was in favor of the project, but felt that the Program should be changed prior to approval. Mr. Fenton suggested tabling the case until this change could be made. Mr. Hutchinson also pointed out that since the applicant has already started the project, this requirement should be amended. Motion Mr. Tillman moved to table the item. There was a consensus among the Members that bOth these requirements be removed from the Program Agreement. Ms. Hoyland did not agree that the requirement that the project could not begin prior to the applicant starting the project should be removed. Chairman Finkelstein pointed out that there was an additional agenda item tonight to discuss revisions to the program where this could be further addressed. Mark Fender, 640 E. Ocean Avenue, Boynton Beach stated that he applied for a County grant and will now require more money than the amount applied for. He .6.O3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 flso pointed out'hat he has a great deal of work to do and that he had time limits that needed to be met, Mr. Aguila seconded the motion. Members requested that the item be tabled until the next meeting. The motion unanimously carried. F. Historic High School Adaptive Re-Use Plan Presentation (moved up from Item VILLA.) Mr. Hutchinson said that he had nothing new to add to his report in the Agenda packet. Members Comments: Mr. Aguiia felt that what has been done with the Children's Museum in such a short time has been phenomenal and shows a vision and effort that should be commended. Mr. Aguila further pointed out that over the past ten years since he has been involved with the City, the Historical Society has done nothing of substance to the Old High School and there have been times when he supported tearing the building down. He was very impressed with the previous presentation and Mr. Hutchinson's report. He felt that it was time to look at it seriously to see if something could be done with the building to make it viable. Mr. Tillman also said that there were times when he felt that the Old High School should be torn down based on the fact that no one brought forth any workable plan. Because of the success of the Children's Museum, Mr. Tillman felt it is -~ossible to do something with the Old High School and would like to move orward with this. Mr. Fenton pointed out that originally the cost was at $5 million to redo the Old High School and now the costs are down to half of that cost. Tonight was the first time that he has seen some vision and a proposal of substance submitted by people who can do it. Mr. Fenton felt it would be reasonable to give the Boynton Cultural Centre, Inc. another year to come up with a proposal. Ms. Hoyland commended the Children's Museum for asking for more time to bring a proposal back to the Board, but she did not feel comfortable leaving the proposal entirely in the hands of the Children's Museum. Ms. Hoyland felt that their intent was to work with the CRA and City staff to bring something forward. She would like the investigation of restoration of the building to be a joint effort, and she would be willing to support an extension of time to allow the parties to come up with a plan. She recommended that the Children's Museum, CRA and the Historical Society all work together. Mr. Fenton suggested a Committee be set up under the jurisdiction of the CRA that would include the Executive Director of the CRA, two CRA Board members, 604 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 two members-~om the Children's Museum and two members from other organizations and to provide them with an additional 9 to 12 months. He felt it was important that there be some kind of structure. Mr. DeMarco had concerns about the structure of the building and he would like assurances that they are proceeding in the right direction and to ensure that the structure is salvageable from an engineering standpoint. He would like to see a theater included in the building and that the building would be available to other civic organizations. Mr. Hutchinson responded that when inspections were performed on the building, there were some issues that had to be checked out. Mr. Hutchinson said that they did not have the funds to do this, but noted that the City offered $50,000 at the last meeting for a study. One of the first things that he would do would be to follow through on Mr. DeMarco's recommendation. This could be done with the City's $50,000. Vice Chair Heavilin noted that there is conflicting information regarding the structure and contamination of the building. She felt that the report was biased and was not factual. Further, Vice Chair Heavilin did not think that the CRA should become involved in the project since this is not done with other projects. Chairman Finkelstein reported that City staff still favors demolition, and he did attend the Ocean District Plan meeting where a majority of those present voted to raze the building and build a park in its place. They would like to use the money to demolish the current Civic Center and build a new Civic and Cultural Center from scratch; however, there were only 14 people at the meeting. This shows that there really has not been that much public input. Chairman Finkelstein said that consideration needs to be given to determine if the restoration would fit into the overell plan of Town Center and is it worth saving. Another thing that the Board needs to consider is whether this should become a CRA project and should the CRA put money into it. Chairman Finkelstein was not against a committee being set up to explore possibilities for the building and to come back at a future date with their plans, but felt that anything that is brought forward would have to go to the Commission for approval. The CRA has been asked to make a recommendation and there is a lot of information needed to make a decision. Mr. Tillman said that they had to start somewhere, and he was not opposed to letting interested parties come up with a plan. He pointed out that the Old High School did not have to be a CRA project and felt that a committee should study it. He would like the new Director to have an opportunity to look into this further and to use the $50,000 to determine if the structure is sound. 605 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Fenton moved (1) to request the $50,000 from the City; (2) ask for a one-year extension; and (3) create a committee of seven members--three from the CRA, including the Director, two from the Children's Museum, and one each from other interested organizations in the City. Motion seconded by Ms. Hoyland. Vice Chair Heavilin noted that since the Cultural Centre indicated that they would be willing to take the project on, she would be against having a committee formed. She felt that the Cultural Centre should be the entity to undertake the project. Chairman Finkelstein noted that the full Board of the Cultural Centre has not approved the project and they needed more time to see if the Board was agreeable to taking on the project, which Mr. Edwards confirmed. Mr. Edwards also pointed out that the President of the Historical Society serves on the Cultural Centre and therefore would be very much a pad of what the Cultural Centre would be doing. Further, Mr. Edwards pointed out that the Cultural Centre is well beyond just the Children's Museum. Mr. Fenton amended his motion to change the two members of the Children's Museum, to two members of the Boynton Cultural Centre, Inc. Ms. Hoyland agreed to the amended motion. Vice Chair Heavilin inquired how much time would be needed to get the entire Board's approval. Mr. Edwards stated that their next Board meeting is November 21 st, at which time this will be discussed. Mr. Aguila suggested that the only action the Board take tonight is to support the momentum and not take any formal action or create any committees. Mr. Tillman called for a point of order. Attorney Payne advised Chairman Finkelstein to call the question and he requested that the Recording Secretary call the roll. Vot..__.Ae The motion carried 4-3 (Chairman Finkelstein, Vice Chair Heavilin and Mr. Aguila dissenting.) RECESS WAS DECLARED AT 8:50 P.M. THE MEETING RECONVENED AT 9:00 P.M. Chairman Finkelstein requested that Item VIII.B, "Head of Boynton Update" and Item VIII.C "Consideration of a Contract for Services for the CRA Way Finding Program" be moved up and heard next. 6O6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Aguila moved to move up Items VIII. B and C. The motion was seconded by Vice Chair Heavilin and unanimously carried. VIII. B. Heart of Boynton Update Quintus Greene, Director of Development, said that they would like to have a discussion with the Board regarding the Heart of Boynton process. The Heart of Boynton is the core area of the CRA since the mission of the CRA is to eliminate conditions of slum and blight. Mr. Greene introduced Mr. Joe Gray of JEG Associates, who has been working on the project for over 18 months and gave a PowerPoint presentation on the Heart of Boynton project. The salient points discussed during his presentation were as follows: The boundary areas of the CRA were reviewed. JEG Associates was assigned to prepare a conceptual master plan that would set the vision for the revitalization of this area. Organization of the neighborhoods and leadership development to ensure that the community stakeholders maintained a role in the various processes was initiated. Detailed site planning for specific actions to realize the visions of the community were prepared. The master planning process took eight months and resulted in a plan that was adopted by the Commission over a year ago. 350 community stakeholders got together at workshops and meetings. They prepared a report card that was used by the community to evaluate where the community stands on key areas that included crime and safety, civic infrastructure, schools, and transportation systems. The report card indicated that there is a great deal of work that needs to be done. Recommendations were made for zoning in this area to protect and preserve the neighborhoods, especially the area around the Sate Sims Park. It is being recommended that this area be entirely green space. It was recommended that the Wilson Center and Palmetto Park be squared off and made a park and community center by eliminating the housing in between. The City's Public Works site would be changed from Public Use to R-3 to allow for multi-family residential and the commercial designation along Seacrest would be extended to 8th Street. The designation in the Shepard's Addition would be changed from residential to mixed-use and other similar land uses. Areas in need of major changes are Poinciana Heights (Cherry Hills Area), MLK Corridor, the Public Works area and Shepard's Addition. 6O7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Housing along MLK would be townhouse style with green spaces and public spaces integrated within the Boulevard. The Wilson Community Center would be moved closer to the southeast corner. Mr. Tillman interjected that the Board had previously seen the information being presented and asked about the status of the Heart of Boynton as of today. Mr. Gray stated that they wanted to revisit what had been previously shown and noted that Mr. Tillman's inquiry wili be addressed further into the presentation. The architectural guidelines for the area are FIoribbean and various examples were shown. The second phase of the project involved working with the residents to do some community organizing by creating neighborhood associations in each of the neighborhoods that are impacted by the plan. There are now five of seven neighborhoods that have submitted papers for a neighborhood association charter. One of the goals of the plan is to provide a diversity of housing choices for a mix of incomes and to create a place for the residents that live in the community now, as well as previding housing choices so that people could remain in the neighborhoods for life. Provide neighborhood businesses to create jobs. Provide a diversity of parks and green spaces throughout the community. Provide focal points throughout the community. The Sara Sims Park will be redeveloped to be a major public space for the neighborhood, as well as the Wilson Center. Make MLK Boulevard a major east/west corridor. Establish gateways at Seacrest and Federal Highway's entryways at MLK. Mr. Hutchinson felt that everyone was satisfied with the plan and asked what neighborhoods have been formed and what the needs are for these neighborhoods. He also asked what parts of the plan will be implemented first. Chairman Finkelstein said that the Board would like to know what the next steps would be to implement the plan and how the Board will be involved. Mr. Gray stated that they were in phase 3 of the plan. The neighborhood associations that have been formed are in the MLK neighborhood, Poinciana Heights, Boynton Hills, Ridgewood Hills and Boynton Terrace. Schematic site plans for Sara Sims Park, the entire Poinciana Heights neighborhood, and a specific site plan for the Wilson Center to square off at the school, are being prepared. Specific schematics are being done for the gateways at both ends of MLK Boulevard. Mr. Gray stated that the CRA's role is defined in the plan and relates to the acquisition of properties. 608 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Greene stated that the intersection of Seacrest and MLK is the heart of the neighborhood, is of cdtical importance, needs to be done right, and needs to be addressed first. It is expected that the CRA would actively participate in acquiring some of the properties at that intersection. Chairman Finkelstein asked Mr. Greene if any property owners indicated that they would be willing to sell? Mr. Greene said that there have been' discussions with some of the property owners, but none of the discussions have been positive. It may be necessary to go the condemnation route in order to proceed. There is an overwhelming desire of the community to have that corner addressed. Chairman Finkelstein said that he noted a "for sale sign" on some boarded up property on the west side of the corner and asked if anyone tried to contact the property owner. Mr. Greene said that he was concerned about specific buildings that include the Easy Mart and Robert's. Chairman Finkelstein noted that the Board has already approved the purchase of these properties, there is money in the budget for that purpose; therefore, what would the next step be? Mr. Greene said that the Development Department is looking at ways to kick start some of the residential acquisition, but will need help on the commercial side. The three areas of importance are the blocks to the northeast, southeast and southwest. Mr. Tillman said that this is the direction that he would like to see the Board proceed and requested that the next step to acquire the properties be placed on the next agenda, which Mr. Greene stated could be done. Chairman Finkelstein inquired if there was a specific plan for the corner and Mr. Gray stated that a specific site plan should be ready by the end of December. Mr. Gray felt it was critical to begin by the first of the year with an action strategy. Wilfred Hawkins, Assistant City Manager, addressed the area that had the "for' sale sign" on it and stated that this property was earmarked for public space and is included in the park expansion plan. Mr. Hawkins reported that there have been extensive discussions with the Housing Authority and they are in agreement with the City that they want to see these properties removed. He also stated that it was important to get rid of the commercial sites first in order to proceed. VII. Consideration of a Contract for Services for the CRA Way Finding Program (moved up on the agenda) Mr. Hutchinson reported that he, along with the Chairman and Legal reviewed the contract. He pointed out that the cost increased due to $8,000 needed for engineering. Mr. Aguila requested that a Florida registered engineer, which is not stated in the contract, perform the engineering. ' 609 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Vice Chair Hea~,ilin felt that some of the costs were premature. pointed out that the contract is for the overall program. Mr. Aguila Ms. Hoyland inquired if any action was required by the Board tonight and Chairman Finkelstein responded that the Board has to authorize the signing of the contract. Vice Chair Heavilin would like assurances that the Board would approve all amendments to the agreement. Mr. Hoyland inquired about the termination process of the contract. Mr. Aguila stated that the contract could be terminated for cause by giving 30 days' notice or for convenience by providing the same time notification. If the contract were terminated, the contractor would be paid for all services performed prior to the date stated in the notice. A lengthy discussion followed on whether the contractor should provide a Ion~ler notice date for termination than the City provides. Mr. Fenton noted that the Board authorized the contract at $25,000 and pointed out that the contract calls for $32,750. Chairman Finkelstein said that if the motion to accept the contract passes, the amount would automatically increase to the $32,750 amount. Ms. Hoyland inquired why the contract was over the $25,000 and Mr. Hutchinson responded that it was due to the engineering stamp. Originally it was anticipated that ~he City would provide the engineering stamp. However, the City said they were not comfortable with this arrangement. Mr. Aguila questioned why it was necessary to have an engineering stamp and Mr. Hutchinson responded that the Board could stop the process before getting he engineering stamp. Mr. Aguila pointed out that acquiring an aesthetic and .ystem design did not require any engineering. Bob Trescott, Marketing Director for Guidance Pathway Systems, Inc., Tallahassee, Flodda stated that'the contract is a comprehensive contract to provide the CRA with a way-signing program. Mr. Trescott pointed out that the signs need to meet windload and crashworthiness requirements, thus requiring engineering services. He pointed out that his firm is subcontracting this and does not provide these services. He further stated that the contract is a comprehensive contract that provides a map, plan, locations, plus the design and look of the sign with Iogos and colors. It includes engineering so that the signs could be implemented. Mr. Trescott stated that the Board could end the contract prior to implementation of the signs, and the CRA would not have to pay for the engineering. Mr. Trescott stated that it has been his experience that a lot of companies sell good-looking signs that can never be implemented. 610 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Aguila requested that the Board be informed before the engineering begins at which time the Board can decide whether it wants to proceed in this direction. Mr. Trescott agreed to this and stated that it is covered in the contract. Vice Chair Heavilin pointed out that the contract in effect is a not-to-exceed estimate and Mr. Hutchinson confirmed that the contract could come within the $25,000. Chairman Finkelstein also noted that there was an additional cost of $3,000 for attendance at four meetings and presentations. Motion Mr. Fenton moved to reject the signage program because the pricing is 31% higher than the approved budgeted amount of $25,000. The motion failed for lack of a second.' Motion Ms. Hoyland moved to approve the CRA signage program. Motion seconded by Mr. Tillman and carried 6-1 (Mr. Fenton dissenting.) VII. Director's Report A. Updates 1. Marina Project: (a) Gateway Signage for Area (b) Boynton Beach Boulevard Extension Upgrade for Temporary Access during Construction of the Marina Project. (c) Incentive Program Request Not addressed 2. Financial Report Moved to the Consent Agenda 3. CRA/BODA Downtown Event Moved to the Consent Agenda and removed for discussion 4. Events Coordination Effort Not addressed 611 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 5. Alternative Meeting Structures to Accommodate CRA Agenda Length Ms. Hoyland suggested setting a time certain. Chairman Finkelstein pointed out that a noticed meeting can be adjourned and moved to another scheduled meeting. Mr. Hutchinson reported that the third Thursday of the month has been selected as an alternate meeting date, if needed. Mr. Tillman suggested cutting down the time spent at the meetings and that each individual Board member should meet with the Director on a regular monthly basis to go over the agenda. This would mean that the Board member would come to the meeting prepared and this would cut back on the dialogue. Also, Mr. Tillman felt that more items should be included on the consent agenda and these items could be determined at a workshop. He noted that it took 15 minutes tonight just to determine what should be on the consent agenda. If a second meeting was necessary, all the public hearings should be held at the Board's primary meeting and the Board business could be covered at the second meeting. Ms. Hoyland pointed out that the Board is giving staff direction to add more to the consent agenda. Also, Chairman Finkelstein stated that if the staff memos were more defined, this would eliminate a lot of questions. Ms. Hoyland suggested that if a time certain was selected that it should be 9:30 p.m. and not 9:00 p.m. as suggested in staff's memo. 'ice Chair Heavilin requested that members receive the agenda a week prior to ,ne meeting so that everyone has an opportunity to read it pdor to the meeting. Mr. Hutchinson pointed out that if the agenda were sent out early, there would be some items that would not make the agenda. Ms. Hoyland suggested sending out a conceptual agenda. There was a consensus among the Board members that time certain would be 9:30 p.m. at the regular Tuesday meeting held the second Tuesday of every month. At that time members would decide whether they want to continue the meeting or to move to the third Thursday of the month. Motion Ms. Hoyland moved that at the regular Tuesday meetings on the second Tuesday of the month at the time certain of 9:30 p.m., the Board would decide to continue the current agenda as presented past 9:30 p.m., or the Board would have the option of continuing all agenda items to the third Thursday of the month. Motion seconded by Mr. Aguila. 612 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 For clarification-~purposes, at 9:30 p.m. a vote would be taken to make a decision whether or not to continue the meeting. Ms. Hoyland amended her motion to include this clarification, which Mr. Aguila seconded. Mr. DeMarco left the meeting at 10:10 p.m. Vote The motion carried 5-1 (Mr. Fenton dissenting.) 6. Workshop dates in December Chairman Finkelstein suggested that the CRA staff poll the Board members to determine which date would be preferable. 7. Preferred Selection Process to complete Boynton Beach Boulevard District CRA Plan Update Placed on the Consent Agenda 8. Design Guidelines Overlay Placed on the Consent Agenda VIII. Old Business: A. Historic High School Adaptive Re-use Plan Presentation Previously addressed B. Heart of Boynton Update Previously addressed C. Consideration of a Contract for Services for the CRA Way Finding P rog ram Previously addressed D. Consideration of Adjusting Criteria for the Faczade Grade Program Previously discussed. E. Consideration of Direct Incentive Programs Postponed 613 :" Meeting Minutes Cornmunity Redevelopment Agency Boynton Beach, Florida November 12, 2002 Consideration of Insurance for: Property and Liability, Windstorm, Worker's Compensation, and Employee Bonding Placed on the Consent Agenda for discussion Reconsideration of Payoff of CRA Loan at Bank of America and Direction to Seek Proposals to Establish a Line of Credit Mr. Hutchinson reported that the .payoff penalty was one and one-half year's of interest, i.e. $300,000. It was determined to look at alternatives on using the money, rather than loosing $300,000. Motion. Mr. Aguila moved that the Director look into alternatives to use the money. Motion seconded by Vice Chair Heavilin and unanimously carried. Resolution of the Boynton Beach Community Redevelopment Agency, Reconfirming and Reauthodzing the Purchase of the Relax Inn Attorney Payne read Resolution 02-01 by title only. Motion Ms. Hoyland moved for approval. Motion seconded by Mr. Tillman and nanimously carried. Vice Chair Heavilin inquired when the demolition would begin. Mr. Hutchinson stated that it should be very soon. IX. New Business A. Approval of Revised Travel Policy Placed on the Consent Agenda Consideration of FaCade Grant Request from Mark Fender for High Ridge Properties, LLC. Previously addressed C. Consideration of Employee Health Insurance Plan Placed on the Consent Agenda and removed for discussion. 614 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 D. Consideration or Resolution to secure a CRA Credit Card Placed on the Consent Agenda and removed for discussion. X. Other Items: A., Discussion of a Recognition Program for Outstanding Landscaping and Aesthetics Projects Not addressed XI. Adjournment There being no further business, the meeting properly adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (three tapes) November 13, 2002 615 MEMO ~ TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Financials 11/30/2002 Notes: As of November 30, 2002 the CRA received $7,194.66 in interest for our money market account. As of November 30, 2002 the CRA placed deposits for the employee's health and dental insurance to secure policies by January, 1 2003. The CRA also placed deposits for the other insurances required of the CRA as an agency. All other operating expenses were routine. 617 To: OR~-Board Members From: Susan Vielhauer SubJect: Cancellation of Employment Contacts for Douglas Hutchinson and Susan Vielhauer and conversion to CRA Employee Status. Date: November 29, 2002 Staff is seeking approval for the CRA Board to cancel the Employment Contracts for Douglas Hutchinson entered into May 18, 2002 and Susan Vielhauer entered into on August 26, 2002 which will terminate on January 1, 2003. Employee status will commence on January 1, 2003 for Douglas Hutchinson and Susan Vielhauer as employees of the CRA with the salary and all of the benefits already approved by the CRA Board. Annette Gray's contract with A & Associates will terminate on January 1, 2003. Employee status will commence on January 1, 2003 with the salary and all of the benefits already approved by the CRA Board. This conversion has been anticipated and is a matter of routine to keep records straight. Office Leasehold Improvements Printing Programs Festivals/Events/Seminars Facade Grants . Economic Incentive Grants PROJECTS Relax Inn Closing & Demo Rlverwalk / Promanade Projects MLK Commercial Way-Finding Slgnage Rlverwalk / Promanade Land TOTALS EXPENSES TOTAL 35,000.00 35,000.00 1,070.70 0.00 25,000.00 25,000.00 0,00 0.00 50,000:00 50,000.00 0.00 3,441.75 100,000.00 100,000.00 0.00 0.00 100,000.00 100,000.00 0.00 0.00 1,100,000.00 1,100,000.00 866,661.10 1,699.64 750,000.00 750,000.00 0.00 0.00 250,000.00 250,000.00 0.00 0.00 25,000.00 25,000.00 0.00 0.00 200,000.00 200,000.00 0.00 0.00 3~395~733.27 3~395~733.27 925~751.91 30~418.96 4,470,037.50 4,470,037.50 -916,567.51 -23,224.30 33,929.30 97% 25,000.00 100% 46,558.25 93% 100,000,00 100% 100,000.00 100% 231,639.26 21% 750,000.00 100% 250,000.00 100% 25,000.00 100% 200,000.00 100% 2~439~562.40 72% 4,471,416.56 619 November 30, 2002 Community Redevelopment Agency of Boynton Beach 2002/2003 Year To Current 2002/2003 Amended Date Period Budget 10/1/2002 Totals October Revenues Beginning Balance TIF Taxes City Transfer Funds Grant Funding Interest Income Total Revenue Expenditures Personel Cost Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance Total Personel Coat Professional Services Legal City Staff Contracted Services Legal Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense ~fflce Total Equipment Leases Expenses Insurance Property Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publicaflo~ Advertising & Public Notices Career Development Printing Office Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense 'al Debt Service Operating Expense 5,790,390~77 1,675,380.00 385,000.00 0.00 15~000.00 7,865,770.77 155,000.00 11,625.00 8,130,00 21,000.00 540.00 196,295.00 21,600.00 6,000.00 100,000.00 7,500.00 2,700.00 12r000.00 149,800.'00 38,880.00 9,360.00 2r100.00 50,340.00 3,600.00 1,250.00 1,000,00 2,000.00 4,250.00 1,500.00 2,000.00 1,750.00 3~600.00 8,850.00 1,800.00 250.00 1,500.00 250.00 2,000.00 4,000.00 750.00 1,250.00 500.00 130,640.53 186r657.74 317,298.27 740,733.27 5,790,390.77 0.00 0.00 1,675,380.00 0.00 0.00 385,000.00 0.00 0.00 0.00 0.00 0.00 15~000.00 9r184.40 7r194.66 7,865,770.77 9,184.40 7,194.66 02/03 % of Budget Budget Remaining Remaining 4,850,598.96 1,675,380.00 0% 385,000.00 0% 0.00 N/A 0.00 109% 6,910,978.96 155,000.00 0.00 0.00 11,625.00 0.00 0.00 8,130.00 0.00 0.00 21,000.00 692.31 1,572.72 540.00 0.00 0.00 196,295.00 692.31 1,572.72 21,600.00 2,782.50 2,730.00 6,000.00 0.00 0.00 100,000.00 29,756.24 12,464.76 7,500.00 0.00 0.00 2,700.00 138.86 150.00 12~000.00 0.00 0.00 149,800.00 32,677.60 15,344.76 38,880.00 1,240.00 1,120.00 9,360.00 862.58 631.00 2~ 100.00 215.42 172.39 50,340.00 2,318.00 1,923.39 3,600.00 0.00 89.18 1,250.00 0.00 360.00 1,000.00 1,521.15 326.03 2~000.00 3~904.00 0.00 4,250.00 5,425.15 686.03 1,500.00 18.63 0.00 2,000.00 1,045.00 1,723.34 1,750.00 104.75 25.32 3r600.00 415.38 276.92 8,850.00 1,583.76 2,025.58 1,800.00 202.84 590.35 250.00 175.00 0.00 1,000.00 1,409.87 342.50 750.00 35.00 95.76 155,000.00 100% 11,625.00 100% 8,130.00 100% 18,734.97 89% 640.00 100% 194,029.97 99% 16,087.50 74% 6,000.00 100% 57,779.00 58% 7,500.00 100% 2,411.14 89% 12~000.00 100% 101,777.64 68% 36,520.00 94% 7,866.42 84% 1~712.19 82% 46,098.61 92% 3,510.82 '98% 890.00 71% -647.18 -85% -1~904.00 -95% -1,861.18 -44% 1,481.37 99% -768.34 · -38% 1,619.93 93% 2~907.70 81% 5,240.66 59% 1,006.81 56% 75.00 30% -252.37 -17% 119.24 48% 2,000.00 1,619.87 438.26 4,000.00 0.00 0.00 750.00 0.00 0.00 1,250.00 60.34 0.00 500.00 0.00 172.30 130,640.53 0.00 0.00 186~657.74 0.00 0.00 317,298.27 0.00 0.00 740,733.27 44,579.87 22,842.57 -58.13 -3% 4,000.00 100% 750.00 100% 1,189.66 95% 327.70 66% 130,640.53 100% 186,657.74 100% 317~298.27 100% 673,310,83 91% PROGRAMS Office Equipment/Furniture 20,000.00 20,000.00 13,440.24 2,435.00 4,124.76 21% V. Public Audience. ly person who decides to appeal any decision of the Community Kedevelopment Advisory Board with respect to any matter nsidered at this meting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of ,~ proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. .e cl~y shall furnish appropriate auxihary aids and services where necessary to afford an individual with a disability an equal portunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas ~tchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably :omrnodate your request. 620' VI. Public Hearing Planning and Zoning Hearing New Business Items person who decides to appeal any decision of the Corem'miry Redevelopment Advisory Board with respect to any matter sidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of proc'~dings is made, which record includes the testimony and evidence upon which the appeal is to be based. city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ~rtunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas :hinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably 'mmodate your request. 621 DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 02-213 TO: FROM: THROUGH: Chairman and Members CommuniW~elopment Agency Board Dick HudsOh,~enior Planner Michael W. Rurnpf Director of Planning and Zoning DATE: July 18, 2002 PROJECT DESCRIPTION Project/Applicant: Federal Highway (LUAR 02-010) Corridor Future Land Use Map Amendment Agent: City of Boynton Beach Location: Federal Highway Corridor segment between NE 4th Street on the north and East Ocean Avenue on the south, fi-om Federal Highway east to the Intracoastal Waterway, excluding the Conservation Overlay area (mangroves) and the city-owned property lying between .NE 2nd Street and NE 4th Street (Mangrove Park at the Marina). File No: Land Use Amendment (LUAR 02-010) Property Description: Various properties totaling +19.384 acres shown shaded on the accompanying location map, classified Mixed Use (see Exhibit A). Proposed change/use: · To reclassify the subject properties described above fi-om Mixed Use (MX) to Mixed Use-Core (MX-C). A companion Comprehensive Plan Text Amendment is being proposed concurrently. Adjacent Land Uses and Zoning: North: South: East: West: Right-of-way of NE 4th St, then developed properties designated Mixed Use (MX) and zoned Central Business District (CBD). Right-of-way of East Ocean Avenue, then developed properties designated Mixed Use (MX) and Medium Density Residential and zoned Central Business District (CBD) and Multiple- Family Dwelling District (R-3). City-owned property (Mangrove Park at the Marina), farther east concentration of mangroves designated the Conservation Overlay District (mangroves) and then the Intracoastal Waterway. Right-of-way o fN orth Federal Highway, t hen developed p roperties designated Mixed Use (MX) and zoned Central Business District (CBD). Page 2 Fecleral Highway Corridor Land Use Amendment File Number: LUA_~R 02-010 BACKGROUND In January 2 00 I, t he City adopted text amendments t o t he Comprehensive P lan to enable the preparation of redevelopment plans as recommended by the Boynton Beach 20/20 Redevelopment Master P lan. T he City Commission adopted t he first of those redevelopment plans, the Federal HiF, hwa¥ Corridor CommunitF Redevelopment Plan, on May 15, 2001. The proposed land use amendment represents a second step in the implementation of a recommendation from that plan. The first step was the addition of two Mixed Use zoning districts, Mixed U se-High and Mixed U se-Low, t o P art I II o f t he City's Code of Ordinances, approved by the City Commission on June 18, 2002. The Mixed Use-High and Mixed Use-Low zoning districts are available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use-Low (MX-L) zoning is available for properties located in areas referred to in the redevelopment plan as Planning Areas 11 and IV. The Mixed Use-High (MX-H) zoning is currently available for Planning Area 1II (the Central Business District (CBD) area); the proposed land use amendment, if approved, will actually allow a more intensive development in the core section of CBD. Because of the size of the area under consideration, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Th_is proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local Comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article ' 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. }Fhether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not Hmited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the 2 623 Page 3 Federal Highway Corridor Land Use Amendment File Number: LUAR-02-010 City's risk manager. The planning department shah also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the Comprehensive _Plan. Policy 1.9.5 of the Future Land Use Element states: "The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.$.lfrom north to south city limits, Boynton Beach Boulevard from U.S. 1 to 1-95; Ocean Avenue from the Marina to Seacrest Boulevard,. and; · Golf Road between U.S. ! and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment - in terms of infrastructure - shah be minimal. Ifa private development proposal is made within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopmentplan overlay district and deferral of the land us.e request until the plan is completed; · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use of a moratorium or variation of the "zoning in progress" process." The proposed land use amendment is consistent with policy 1.9.5 of the Future Land Use element and is one of the actions recommended to implement the study for the U. S. 1 corridor (see Exhibit B-Redevelopment Programs and Projects). The amendment will also encourage the redevelopment of developed properties and promote infill development on vacant and underutilized properties in this part of the Community Redevelopment Area. It will also increase op~ 'tunities for utilization of transportation alternatives to the automobile. The Federal His__,vay corridor is one of the major north-south routes for Palm Tran, the county's transit sendce and increased density will theoretically le~/d to increased ridership. 624 Page 4 Federal Highway Corridor Land Use Amendment File Number: LUA_.,~ 02-010 The amendment is consistent with objectives of the "Eastward Ho" initiative and furthers numerous policies found in the "Treasure Coast Strategic Regional Policy Plan" in both the "Future of the Region" and "Economic Development" sections. Those policies include: Future of the Region Policy2.1.2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2: Redevelop obsolete retail/commercial centers developed urban areas as an effort to discourage urban sprawl. redevelopment may include the following site design features: a. Design a fine network of streets that continues and establishment of the adjacent neighborhoods. b. within well- Proposals for enhances the Include a mix of uses that complements the existing activities of the city, town or village. Policy 5.1.1.3: Encourage development around transit stations. Proposals should: a. Develop intense mixed-use projects within a quarter mile radius of the station. b. Include a fine-grained network of streets detailed to optimize the comfort and safety of pedestrians and bicyclists. c. Include high-density residential areas, to enhance the feasibility of transit. Economic Development Policy 3.4.1.1: Encourage the use of compact, mix-use development and redevelopment projects that are less costly to serve, have less impact to the natural environment, and. help strengthen the economics of existing urban areas. The language pertaining to residential projects locating in the hurricane evacuation zone is being changed since Palm Beach County Emergency Planning Division does not currently have an appropriate review process adcommodating such projects. BZhether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed amendment is consistent with the adjacent established land use patterns. It creates a new district with the increased density/intensity limits consistent with the respective redevelopment plan, and within the Central Business District, which akeady allows for high intensity development. c. Whether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance of redevelopment and enhancement of the traditional coastal business centers as opposed to continued westward sprawl coupled with a desire to 4 Page. 6 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 While the properties being considered in this amendment are developable and redevelopable under the existing land use designations, the proposed amendment would serve to enhance the development and redevelopment opportunities in the downtown core area. g. 19'hether the proposed rezoning is of a scale which is reasonably r elated t o t he needs of the neighborhood and the city as a whole. The scale of the proposed amendment is related to both the needs of the area and the city as a whole. Downtown and the surrounding areas will benefit from the increased limits on density/intensity which may potentially enhance private investors' interest in redevelopment, which is usually more expensive and often requires substantial incentives. The city as a whole is nearing buildout, and at some point in the near future redevelopment of the downtown will be the only option to accommodate more residents. Aside from providing employment opportunities, downtown retail, service and entertainment uses can offer a unique mix of products that should eventually attract tourists as well as local residents. Creating downtown as a destination is vital to the future of the city. h. l~hether there are adequate sites elsewhere in t he c ity for t hep roposed u se, i n districts where such use is already allowed. The "Mixed Use-Core" is a new land use designation. There are no other "adequate" locations - the only appropriate location for the new district is the central part of the downtown. The amendment, together with the discretionary zoning options available per request to developers, will allow for a transition from the most intensive development in the Mixed Use-High zoning. district to the less intensive development in the areas at the north and south of the corridor which are eligible for the Mixed-Use Low zoning. The Mixed Use - High zoning has the potential to expand'throughout the remaining part of the current Central Business District. CONCLUSIONS/RE COM3~NDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will be compatible with adjacent lar/d uses and will contribute to the overall economic development of the City. It has also been determined that additional potential demand upon public facilities can be accommodated. Therefore, staff recommends that the subject request be approved. ATTACHMENTS J:LS I'-[R.DATA~I~nning~ I-{AR.~D\WP%PKOJECTS'LMIX~D US 1~ COP~ LUAIt.~U$ I ~ r*por~ II. 627 Page. 5 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 vrovide opportunities for economic revitalization have made this amendment both necessary and desirable. The existing opportunities within the Central Business District have remained effectively untapped throughout the period of economic prosperity. This amendment will strengthen the incentives for redevelopment and infill development both within the new district and the surrounding areas by creating a possibility for a higher "critical mass" in terms of use synergies. d. ~4~hether the proposed use would be compatible with utility systems, roadways, and other public facilities. The increased density/intensity of uses will generate additional demand for public services. Staff has reviewed changes in capacity demand by comparing the most intensive development scenarios under the current and proposed density/intensity parameters. In terms of water and sewer demand, adequate capacity w ill b e available o ncc t he City obtains t he water use permit currently under negotiations with the South Florida Water Management District. The additional trip generation has been processed through the Metropolitan Planning Organization 2020 Long Range Transportation Plan model and found to be compatible with the projected road capacities. With respect to solid waste, the SWA has stated within a letter dated December 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. I t needs to be emphasized that: (1) the most intensive development scenario is highly u 'ely to happen, and (2) all projects will be reviewed on an individual basis, as a part of the site plan review process, to determine facility capacity or needed improvements. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both the city and local drainage permitting authorities. [,Fhether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed amendment will be compatible with cun'ent and future uses of adjacent properties. In terms of furore uses, Mixed Use-High Intensity zoning recently replaced a portion of the Central Business District, pursuant to a privately-initialed request. At the same time, areas north and south fi.om the Central Business District (referred to as Planning Areas 1I and IV in the "Federal Highway Corridor Community Redevelopment Plan") are eligible for the Mixed Use- Low Intensity zoning with increased intensity for nonresidential zoning. With the proposed amendment and these discretionary options in place, future development patterns will achieve a high level of compatibility both visually and functionally. Moreover, safeguards are being built into the land development regulations to protect values of adjacent and nearby properties. An overall increase in property values over time is expected. f. WTtether the property is physically and economically developable under the existing zoning. 626 Location Map MIXED USE- CORE (MXC) R3 N W~E S 628 DEVELOPMENT DEPARTMENT PLANNTNG & ZONING D:[VTS:EON MEMORANDUM NO. PZ 02-276 TO: FROM' THROUGH: Chairman and Members Communi.~g~pment.. Agency Board Dick Hudsdd~Senior Planner Director of Planning and Zoning DATE: December 2, 2002 Project/Applicant: PRO.1ECT DESCRZPT~ON Beachside at Boynton/Goco, Inc. Agent: Siemon and Larsen, P.A. Owner: Gulfstream Lumber Co. ' -.ation: 1415 South Federal Highway (Northwest corner of Federal Highway and Woolbright Road) File No: Property Description: Proposed change/use: Land Use Amendment/Rezoning (LUAR 02-008) Developed property consisting of ±14.64 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MU), and rezone from C-3 Community . Commercial to MU-L Mixed Use-Low Intensity in order to redevelop the property as a Mixed Use (residential, retail and office) project. The classification permits residential densities up to 40 du/ac. Adjacent Land Uses and Zoning: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northwest, the right-of-way of SE :1.2~ Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 du/ac, and zoned R-2 Duplex Residential. 629 Page 2 File Number: LUAR 02-008 Beachside at Boy,on South: East: West: The right-of-way of Woolbright Road (SE 15th Avenue) then developed commercial property (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments i'25.4 du/ac] and Snug Harbor Condominiums r27.7 du/ac]) classified High Density Residential (HDR) at a maximum density of 10.8 du/ac, and zoned R-3 Multi- family residential. The right-of-way of the Florida East Coast (FEC) railroad, then developed property classified Industrial (I) and zoned M-1 Industrial. PR03 E(;:T ANALYSTS The parcels, which are the subject of this land use amendment, total +14.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an '~Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 cale6dar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. Whether the proposed rezoning would be cons/stent with applicable comprehensive plan policies including but not//m/ted to, a prohibit/on against any increase in dwelling unit density exceeding 50/n the hum/cane evacuation zone without written aPproval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th po/ides contained/n the comprehensive p/an. 630 Page 3 File Number: LUAR 02-008 Beachside at BoYOton ..,e property is located on the west side of Federal Highway. According to the Palm Beach County Division of Emergency Management, the hurricane evacuation zone is only on the east side of Federal Highway, therefore the cited prohibition does not apply to this requested amendment. Policy 1.13.4 states: "The City shall further discourage urban sprawl; Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Without the proposed amendment, redevelopment of the site would most likely follow the strip- type commercial development model that is found on the properties south of Woolbright Road at this intersection. By changing the land use and zoning, the required development pattern is non-strip in nature, consistent with the po/icy. O' '~.ctive 1.15 of the Future Land Use Element reads: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." Policy 1.15,2 states: "The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where thi~ type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project... For projects located in the Nixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed"; and, The ..Federa/ Hiqhway Corridor Communi~_ Redevelopment P/an provides an overall introduction .~o recommendations for Areas I! and IV: "These two planning areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. First, their appearance must convey their important role as gateways to downtown. Currently, however, many 631 Page 4 File Number: LUAR 02-008 Beachside at Boy.~ton of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the existing types of commercial uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the critical mass of population necessary for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown." The plan specifically recommends the following for the area containing the subject property (Area IV): "Establish a sense of community. Provide for mixed-use development that is predominantly residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented." The proposed redevelopment plan for this site is consistent with the requirements of the Nixed Use land use classification, and the recently adopted Nixed Use-Low Intensity zoning category as well as the cited recommendation from the corridor plan. Whether the proposed rezoning would be contrary to the estab#shed /and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby districts, or would constitute a grant of special prM/ege to an individual property owner as contrasted with the protection of the pub/lc we/fare. The proposed rezoning would not create an isolated district. The type of redevelopment contemplated for the property is expressly favored by the corridor redevelopment plan, and does not constitute a grant of special privilege. It provides benefits to the public welfare by augmenting the City's tax base, providing additional residential units in close proximity to the downtown redevelopment area, providing a gateway to the downtown, improving the aesthetic quality of the Woolbright Road and Federal Highway corridors, and implementing the City's adopted Redevelopment Plan. c. Whether changed or changing conditions make the proposed rezoning desirable. The C. ity's emphasis on redevelopment of the downtown and the entire Federal Highway Corridor, beginning with the adoption of the Federal Hi_qhway Corridor Community £edeve/opmentP/an and the accompanying Mixed Use-Low Intensity zoning district available for this area are changes that support this proposed land use amendment and rezoning. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The traffiC consultants' report for the project indicates that as proposed, the project will generate 1,709 fewer daily trips than the existing designation. For water and sewer service, the capacity and necessary infrastructure are available to serve the site. The Palm Beach County School District has reviewed the project for school concurrency and has issued a - 632 Page 5 File Number: LUAR 02-008 8eachside at Boyn~to,.n _termination valid for one year. Once a development order With respect to solid waste, in a letter dated December :18, 200:1, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. em Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or.nearby properties. The proposed use of the property will be more compatible with surrounding properties than the current use as a lumberyard. ]:t will improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The redevelopment of the property as a mixed use development will most likely improve the value of adjacent and nearby properties. f. Whether the property/s physically and economically developable under the existing zoning. The property is currently developed, and the use can continue on the site. Redevelopment under the present zoning and land use could produce a variety of commercial uses which, most lik~'v, would follow the strip center form of development found on the southeast and southwest c, _,rs of the intersection. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The land use amendment and rezoning are of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The area of the proposed land use amendment comprises almost :15 acres bounded on the north by NE :12~ Avenue, on the east by Federal Highway, on the south by Woolbright Road and on the west by the railroad. As such, it is a compact unit, that does not immediately abut any uses other than the donut shop and convenience store at the corner of SE :12~ Avenue and Federal Highway. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already a/lowed. The MU-L zoning was only adopted in summer 2002, in order to implement redevelopment in :he Federal 'Highway Corridor. This is the first application for a rezoning to the new district, so :here are no other sites presently available where this type of development could occur without ~ rezoning. The subject property, located at the highly visible crossroads of Federal Highway tnd Woolbdght Road, both arterial roads as required in the district regulations, is an ideal ~cation for a mixed-use "gateway" community. 633 Page 6 File Number: LUAR 02-008 Beachside at Boy,on CONCLU$1'ONS/RECOMM ENDATJ:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. :If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". A'rTAC H M ENTS .i:\SHRDATA\Planning~SHARED\WP\PRO1ECTS~BEACHS~DE (~ 8OYNTON\LUAR\STAFF REPORT LUAR.doc 634 .... Location Map GULFSTREAM LUMBEPJBEACHSIDE AT BOYNTON C1 C3 WOOLBRIGHT RD-/SE 15TH AVE N S 635 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-269 TO: FRO M: THROUGH: DATE: SUBJECT: Chairmen and Members Planning and Development Board Commun~~.lopment Agency Board Dick Huds~'~nior Planner Michael W. Rumpf Director of Planning and Zoning November 18, 2002 Future Land Use Element amendments (CPTA 02-002) ;[NTRODU~II:ON Staff is proposing a series of amendments to Objectives and Policies in the Future Land Use Element of the Comprehensive Plan. The amendments include: (1) changes to Objective ;[.12 a~ its subsequent policies, which deal with residential developments in the Coastal High , ard Area, and (2) changes to Policy 1.;[6.1, which provides the definitions of all land use designations found on the Future Land Use Map. Comprehensive plan text amendments are determined by statute to be "large-scale" amendments and therefore, are limited to the twice-yearly amendment cycles. In keeping with the City Codes; both the Planning and Development Board and the Community Redevelopment Agency BOard review the proposed amendments prior to consideration by the City Commission/Local Planning Agency. These text amendments are a part of the first amendment round for calendar year 2003, and will be transmitted to the Florida Department of Community Affairs for their review and comment prior to final adoption by the Commission tentatively scheduled for late May, 2003. Objective 1.12 PROPOSED TEXT AMENDMENT (1) (with proposed changes .shown in uJ~Le, dj~3_q~ and bold text) Coastal area population densities shall not exeeed be increased above th~ ]:LUJ~_]~ ~ can be accommodated by streets and roads in the event that hurricane evacuation is necessary and shall be limited to those, areas that are planned to accommodate such development throu~]l the provision of adeauate public facilities and services. Such develooment must meet minimum standards for Hiqh Vel0cit¥ Hurricane Zones as required by the Florida Buildinq Code ~ ~ ........... ~ .........................d th~ ~.,,vat 636 Page 2 Future Land Use Text Amendments CPTA 02-002 Policy 1,12.1 The City shall adopt and enforce regulations to,-~"';~',,,,,, y ,,~-~,, ,,~"~",~,, ~,,~,,~';~;"' *~,, ,~ ........ . ...................... [ ........................... tO the ;--~'" ~ .... : ............ "~ require that all residential ,,,,~,, ,, ....~,,~ ~.~.~,~, ,. ~W develoDmen~ Qf more than ~0 units~ which are lo.ted in the Hurricane Evocuation Zone, p~vide continuino information t~ residen~ concerninR hurricane evacuation and shelte~ through the establishment ~f ~ homeowners' or resident' association. Policy 1.12.2 The City shall adopt and enforce regulations to require that all n~w imp=~ st=tc,,mcn~ for residential projects of 100 dwelling unit~ or more. which are located in the Hurricane EvacuaUon Zone, '-~",,,~..~ '~ ....... ~,, ~.~,~..,~,"'~'~-. of ..... ~ .... ~ ............ ~ .... ; ,- ..... ~ .............. r ate an emerQe~ hurricane =rep~r~ness Dian and shall =rovide the Dian to all resident;, this Dian is suble~ to the aD=royal of the Ci~'s Emerpen~ Management O~cer. ANALYSTS The inclusion of objectives and policies directed at protection of populations and property in Coastal High Hazard Areas of the city are a requirement of the minimum criteria for comprehensive plans as set forth in Chapter 9.1-5, Florida Administrative Code. Since adoption of the Plan in I989, the changes to the Florida Building Code have greatly increased the requirements for buildings to withstand higher wind velocities. The Objective is rewritten to acknowledge the new code. Objective i.i2 and Policy 1.12. i are amended to replace the required review by the Palm Beach' County Division of Emergency Management. The County Emergency Operations Center staff is not prepared to perform this type of review function. The review is replaced with the provision of shelter and evacuation route information directly to the resident population. 637 Page 3 Future Land Use Text Amendments CPTA 02-002 . ,~licy 1,12.2 is amended to replace the required traffic impact analysis relating to evacuation times. A survey of traffic engineers disclosed that there is no recommended or accepted methodology for such an analysis. The analysis is being replaced with an emergency hurricane preparedness plan specific to the subject development and approved by the City's Risk Hanagement Officer. PROPOSED TEXT AMENDMENT ('2) (proposed changes shown in underlined and bold text) Policy 1.16.1 The City shall continue to adopt and/or revise, regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories. The uses allowed under each land use category shall be construed to be the maximum range of uses, but shall not indicate that a particular use is necessarily allowed in a land use category or zoning district. The zoning regulations or other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use characteristics ';;hich that are very similar to those ';;h~ch ~rc uses listed under a particular land use category may also be allowed in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and private parks and recreation areas, golf courses; government, utilities, and communications facilities, but not storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: All attached single-family, condominibm, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non-conforming densities is to be codified in the City's Zoning regulations. Dwellings, which are built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall also be construed to conform to the densities shown on the Future Land Use Plan. Hobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing density, at the non-conforming density, until the use of the entire 638 Page 4 Future Land Use Text Amendments CPTA 02-002 · mobile home park is terminated. All new mobile home parks shall conform to the density shown on the Future Land Use Plan. Variances and exceptions to the development regulations which have been adopted in accordance with the land use categories below, which are the minimum variance or exception necessary to allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below. Recommendations for specific areas which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities set forth in the land uses categories below, if these recommendations are more restrictive. Low Dens/ty Resident/a/: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/]:nstitutional land use category, however, and parks and 'recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling units per acre; places of Worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and· occupying not more than five percent of the area of a planned unit development; also, grouP homes, rooming and boarding homes, and nursing homes or related health-care facilities, as reouired by state law~ which are comparable to this density in character or impact. Density bonuses up to 9.68 dwellings per acre times the average number of persons per household in the City may be allowed for group homes for the elderly in the Low and Moderate Density Residential land use categories, on sites which are specifically designated as such on the Future Land Use Plan. Ploderate Density Resident/a/: This land use category shall generally consist of all residential Zoning districts in which the gross density permitted by the zoning regulations is greater than 4.84 dwelling units per acre, but does not exceed 7.26 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. -639 Page 5 Future Land Use Text Amendments CPTA 02-002 . The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a aross density of not more than 7.2C dwelling units per acre; olaces of worship, elementary and high schools, and day-care serViceS: Do"ce and fire s~ations; social an,I civic clubs and oraani_~ations; community centers; horn;; occupations; commercial uses if clearly acces_~orv and subordina~_;. to resident;ial uses, and occupying not more than five oercent of th,; area of a olanned unit develooment; also, group homes, r¢0min, and boarding homes, and nursing homes or related health-car~i facilities, as reauired by state law, which are comparable to thi.~ density in character or impact. Ned/urn Density Res/dent/a/:. This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 7.26 dwelling .units per acre, but does not exceed 9.68 dwelling units per acre. Public, educaUonal, and institutional uses located within these zoning districts may be placed in the Public and Private Govemmental/];nstitutional land use category, however, and parks and recreation facilities may be placed in the RecreaUonal land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: .Residential uses with .a aross density of not more than 9,6:: dwellinq units per acre. places of worShio, elemen:arv and higl schools~ and day-care serVices~ Police and fire si~tions; social an, civic clubs and orqanizations: community centers; hom;i occuoations; commercial uses if clearly accessorv and suborclinat~; to residehtial uses; and occuovin= not more than five percent; of th~,i area of a planned unit development; also, =rouo homa-~- roomin~ and boardinq homes, and nprsinci homes Or related ~-~alth-car,.. facilities, as reouired by state law, which are comoarable to thi:; density in character or imoact ................... ~ ............. , c×ccpt ......... '"" ity High Density Res/dent/b/.. This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 9.68 dwelling units per acre, but does not exceed 10.8 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/];nstitutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. 64O Page 6 Future Land Use Text Amendments CPTA 02-002 The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: ReCdent;ial uses with a a_ross density of not more than 10.8 dwellinq units per acre; places of worshio, elementary and hiah schools, and day-care services; police and fire stations: social and civic *;Ipbs and omanizations: community centers: home 9ccupations: commercial uses if cleariv accessory and subordinate to residential uses, and oc¢uDvina not more than five nercent of the area of a nlanned unit development= also, arou= homes, roominq and boardinq hgmes, arld nursin= homes or related health-care facilities, as reauired by state law, which are comparable to this density in character or imnact. Spec~a~ H/gh Dens/b/ Resident/~/: This land use category shall consist of redeveloomenl; ~lnd infill residential areas assigned to this land use category in the r...~.~., ~ ........ ~ E~cmcnt ~-'~ .... ~ .... "~'~ ~-"' '~ ~V[ ~,~ I~.~ I I- IWI IW~.~WI I I~.~1 I~ ~ WIIW II1~ ~ ~II~W VillI III the designated Communi~ Redevelonment Area idenUfied as Pl~nnino Area ] ~nd Plan.i.q A~a V in the 'Federal Highway ~orridor Communi~ Redevelpoment Plan", adopted on ~av 15, 2001. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: ResidenUal US~ wil;h a a_ross density of. not more than 20.0 dwellina units Der acre; places of worship, elementary and hiah ;chools, and day-care services: police and fire stations; social and civic clubs and oraanizations: community centers: and home occupations. Office and retail commercial uses may be considered if ~ccur~vina not more than ten ¢10~ nercent of the area of a planned unit develonment and develo=ed at a maximum 1.0 floor area ratio (FAR~. O~¢e Oommer¢/a/: This land use category shall consist of all C-1 Office and Professional Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-1 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. 641 Page 7 Future Land Use Text Amendments CPTA 02-002 ~ · · The uses allowed in this land use categOry shall be limited to, but shall not necessarily include, the following: Business, professional, and administrative offices; and financial institutions; funeral homes; places of worship; ....... '~' ......~ ....... "'~' h I d day d ......... ~ .................. ~, sc oos an instru~ion, -care centers, an educational institutions; museums; hospitals and other health care se~ices, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and communi~ centers; limited retail and business se~ices which are related to the above uses. Local Retail Commercial: This land use category shall consist of all C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-2 or C-3 districts, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Local Retail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Office Commercial land use category, plus retail uses, personal services, and repair of consumer goods; wholesale of non- hazardous commodities; business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; lodging faciliUes; marinas and boat storage; passenger transportation facilities; temporary amusements, revival tents, and the like; also, high-density residential (maximum 10.8 dwellings units per acre), including mixed use developments. Nixed Use: This land use category shall consist of all Central Business District and Mixed Use-Lcw ~ntensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: .............. :n ...................................... ¢;tc;c~/, ~,~ all ..................... ~ ......... ~ ...................... ~,,,yi Business government, and nrofessiCnal offices financial institutions, medical and dental offi,ces and clinics, veterinary offices and clinics; nolic,, and fire s~ations, host offices: limited re~ail sales and cpmmer¢ia uses; houses of worshiD, museums, community centersr libraries, Private (;lubs, Iodoes, fraternal organizations, indoor recreation, 642 Page 8 Future Land Use TextAmendments CPTA 02-002 f~cilities= sit-down restaurants, bars; oarkin_o aara_~es; and business services r~l~f;ed to the above uses. hc':;cvcr, ~;inqle family attached and detached, multi-family residential and ...... ~ ....... uses at densities up to 40 dwelling units per acre are permitted. All land development located in the Nixed Use category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. I~[xed (/se-Core: This land use cateaorv shall consist of all Mixed Use Hiqh :[nf;ensitv zonin_o districts and/or any zoninp district(s} which may be established subseouent to the adootion of the Plan provided that all of the abovementioned zonin_o districts are shown ¢n thq FutUre Land Use Map within the Mixed Use-Core land use cate, orv. The uses allowed in this land use cateoorv shall be limited to, but shall npf; necessarily include the followino: Bpsiness and _~rofessional offices, financial institutions; medical and dental offices' and clinics~ no.ce and fire stations, host offices~ limited retail sales and commercial uses= water-related sales and services; museums, movie and r~erformance theaters, private clubs, Icd_nes, fraternal or_oanizations, indoor recreation facilities~ narkin~ I~t~ and oaraaes: sit-down restaurants, bars, niahtclubs; and businq~is semi;es related to the above uses. Multi-family residential pnd hotels at densities un to 80 dwellin; units Der acre are permitted. All land develooment located in the Mixed Use-Core cateaorv shall be reauired to submit a olan that includes a sinale unified desiqn for the project, and shall conform to any adooted desian nlanCs} for the prea covered bv the cateaorv. Genera/Comrnercia/: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in-the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat Page 9 Future Land Use Text Amendments CPTA 02-002 .storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. Zndustr/a/: This land use category shall consist of all H-1 and Planned ]:ndustrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the -Tndustrial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: ]:ndustrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communicat!on, and utility facilities, retail sale of home improvement goods, tools, machinery, and the like; Adult Entertainment Establishments; trade and industrial schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; offices and restaurants which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmental/Institutional land use categories, if approved as such in a planned industrial development; provided, however, that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. Agriculture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultura'l and horticultural uses as either an interim or long-term use; processing and sale of produce grown on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; single- family detached dwellings with a net density of not less than one dwelling per five acres. Recreational: This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. ]:t shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within five years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such on the Future Land Use Plan. 644 Page 10 Future Land Use Text Amendments CPTA 02-002 .The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs and organizations; civic and community centers; waters of Lake Worth and the Intracoastal Waterway, excluding finger canals, and other bodies of water, Pub/lc and Private Governmental/Institutional: This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and private schools. Public schools that were in existence prior to 1988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reasonable category that is agreed upon by the City and the Palm Beach County School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Governmental/Institutional land use category, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facilities; other government-owned or -operated uses; public schools, places of worship, private schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizaUons; cemeteries; civic and community centers, and public parks and recreation facilities. Conseryat/on: The City sh~ll aoplv a Conservation (CON} land use cateoorv*to any natur;ll areas acouired within the City for the puroose of conservino or =rotectin= natural resources or environmental .ualitv. This category corresponds to the Environmentally Se;~sitivq Lands (ESL} zonin, district. The areas so desionated may be used for wildlife manaaement~ passive r~creatiQn ;n~ envirQnmental restoration/protection. These natural areas may in~;Iu~t~ site improvements to support uses that are deemed appropriate and ~rl~istent with the function of the designated preps, The city shall coordinate with Palm Beach County to desianate environmentally sensitive lands that are publicly ac. uired within 1;he incorporated area as Conservation. Conservation Over/ay: The uses allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of 645 Page 1:[ Future Land Use Text Amendments CPTA 02-002 ..~ .native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of development rights from these sites, for the purpose of preserving more than 25% of the native habitat on site. Boynton Beach 20/20 Primary Target Areas Overlays: The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. ]:mplementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districtsi Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S.1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to 1~-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. As stated above, Policy 1.16.1 contains all of the definitions of land use categories found on the Future Land Use Map. All of the text of Policy 1.16.1 is included, even though the amendments only affect a few portions of the policy and some of the changes are minor grammatical corrections. The major changes and additions are as follows: · A list of uses is provided for each residential land use classification, rather than building on the uses permitted in prior classifications. This is to provide a clearer understanding of the range of uses permitted in each classification. · Language is added to ensure conformance with state law in locating group homes and other congregate living facilities. · Language is added to reference the Federal Hiqhway Corridor Community Redeve/oprnentP/an in the definition of Special High Density Residential land use category consistent with recommendations found in the plan. · Self-service storage facilities (limited-access mini-warehouse only) use removed as a permitted use in the Office Commercial (OC) land use classification in anticipation of changes to be initiated during the pending planning study. This 646 Page :[2 Future Land Use Text Amendments CPTA 02-002 revision could be modified to match the corresponding zoning code changes resulting from the study, prior to adoption of the amendment in mid 2003. The MU-L Nixed Use-Low Intensity zoning district is recognized as being consistent with the Nixed Use (MU) land use classification, consistent with recommendations of the Federal H/_qhway Corridor Community £edeve/oprnent P/an. A Mixed Use-Core (MU-C) land use classification and definition is added and the MU-H Mixed Use-High Intensity zoning category is recognized as being consistent with the classification also, consistent with recommendations of the Federal H~qhway Corridor Community. Redevelopment Plan. A ConservaUon (CON) land use classification and definition is added and the ESL Environmentally Sensitive Lands zoning category is recognized as being consistent with the classification. This language is being added at the request of the Palm Beach County Department of Environmental Management and is consistent with the interlocal agreement between the City of Boynton Beach and Palm Beach County relating to the purchase and maintenance of the Seacrest Scrub and Rosemary Scrub preservation areas. RECOHHENDA'Ir'ZON Staff recommends approval of the amendments as the minimum required to update the Comprehensive Plan with regards to changing review policies by outside agencies and recommendations of adopted City-initiated studies. A'I-FACHMENTS \\Ch\IV~[N~HRDATA\Planning\$HARED\WP\$PECPRO~CFTA\O2-OO2~TAFF REPORT CFrI'A 02-002.doc 647 VII. Director's Report: person who decides to appeal any decision of the Community Kedevelopment Advisory Board with respect to any matter idered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of roc~4ings is made, which record includes the testimony and evidence upon which the appeal is to be based. city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal rtunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas b~uson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably nmodate your request. 648 VIII. Old Business: ' person who decides to appeal any decision of the Comrmluity Redevelopment Advisory Board with respect to any matter fidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of pror --'lings is made, which record includes the testimony and evidence upon which the appeal is to be based. city shall furaish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal )rtunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas :kinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably 'mmodate your request. 649 - · MEMORANDUM TO: From: Date: .RE: The CRA Board Members Quintus Greene, Development Director~ December 5, 2002 Heart of Boynton - Phase One Property Acquisition Pursuant to the discussion at the CRA Meeting of November 12, 2002, concerning the next steps in the implementation of the Heart of Boynton (HOB) Community Redevelopment Plan, the following represents the City staff recommendation and justification for initiating selective property acquisition in the area. By way of review, as you know, the principal "redevelopment" purpose for which the CRA was created is defined in Chapter 163 of the Florida Statutes and involves "...the elimination and prevention of the development or spread of slums a'nd blight, or the reduction or prevention of crime, or for the provision of'affordable housing for sale or rent to residents of Iow and moderate income..." For the CRA to carry out this purpose in. the Heart of Boynton, State law requires a determination by the City Commission that the area is affected by blight and a declaration that rehabilitation, conservation and/or redevelopment is necessary and in the interest of public health, safety, morals and welfare. Based in part on a blight study by the City's Planning 'Department, the City Commission passed Resolution 87-QQQ in October 1987, which made such a determination for the area that has since become known as the Heart of Boynton. Once the statutory requirements for redevelopment in the area were met, the next step involved the adoption of an official CRA plan for the area that would identify the nature and location of the rehabilitation, conservation and/or redevelopment activities to be carried out. The adopted Heart of Boynton Community Redevelopment Plan, as the second of a five-sector update of the CRA Plan, fulfilled this requirement. The time has now come to initiate specific activities to begin the implementation of the plan. As indicated during the discussion at the November 12 CRA Board Meeting, the Intersection of Seacrest Blvd. and Martin Luther King (10~ Ave.) is of major importance to the success of the project. Because of its strategic location near the heart of the community, the nature and quality of development at this intersection has historically established the image and set the tone for the surrounding area. The generally negative image of the community, held by both residents and nbn-residents alike, is to a large extent, a result of the physical condition and type of activity that occurs at this intersection. 65O CRA Board~ Page 2 Accordingly, City staff is recommending that the CRA undertake the acquisition and clearance of non-residential properties fronting on both sides of Seacrest Blvd., for a distance of approximately one block south of Martin Luther King. This property should be held for future redevelopment consistent with the purpose and intent of the Heart of Boynton Community Redevelopment plan. This will compliment the efforts of City staff to acquire certain residential properties in the same general area. To this end the City staff is requesting that the CRA Board take the following actions' at this time: Authorize its staff to arrange for appraisals to be conducted on privately held non-residential properties on east side of Seacrest Blvd. between 9th and 10th Avenues and on the west side between 8~h and 10th Avenues, more specifically described as 909 N. Seacrest, 913 N. Seacrest, 1000 N. Seacrest, 1005 N. Seacrest and 1010 N. Seacrest. (Attachment 'A'). Authorize its staff to arrange to have good faith purchase offer~ made on behalf of the CRA to the owners of these properties, based on the aforementioned apPraisals. Request that the City Commission issue a formal resolution of necessity authorizing the use of eminent domain to acquire the above referenced properties in the event that purchase negotiations prove unsuccessful. · Authorize its' staff to arrange for the demolition and clearance of all structures on the above referenced properties Once they are in CRA ownership. It should be noted that these actions represent only the first steps in an overall redevelopment effort that is expected to take several years and involve multiple phases and various participants. It is expected that following this 'initial property acquisition, the CRA will, during the next year, be asked to acquire additional non-residential properties in the Martin Luther King Corridor in order to assemble parcels suitable for mixed use redevelopment. 651 ATTACHMENT 'A' Aerial Photo Date: December 04, 2002 MEMO To: CRA Board Members From: Doug Hutchinson - CPA Director Date: 12-02-02 Subject: Fa(;;ade Grant Staff is requesting direction for the Fa(;ade Grant Program. This program was inherited by the CPA from the City of Boynton Beach and many of its elements for administration have been modified. Proposed changes have been made to grant documents to further aid in administration and the new revisions are included. Please review and comment on the italic underline items which are the proposed changes. The next issues deal with the philosophy of the program; i.e. type of projects, location, who, etc. Staff is requesting guidance and the preferred evaluation basis for applications. Staff requests the following questions be considered by the CPA Board: What kind of financial project support does the program seek? Should the program be used for only "needy" projects that are "short" of funds, projects that could not be done or done at the level proposed without this grant? It may sound great to say that only "needy" projects would receive funds, but staff looks for direction on what types of thresholds would make a project "needy". How should we evaluate financial condition? This aspect might be best served as not having an impact strictly because of the concern on how to define "needy". What kind of project should be considered? Are all retail/commercial/mixed-use projects equal? Are they preferred in all areas of the CPA? Staff would propose that all projects are not equal and, therefore would not be encouraged across the district. For example, in CBD the new ovedays of uses are designed for higher densities and mixed uses. If a project is proposed on a property in this area, which does not further the future use in downtown, should it receive grant funds? Is this counter productive to redevelopment or is it being responsive to existing owners/structures and their needs? The grant program therefore may need to be adjusted as to the type of project in a particular area. This would be more in step with the CPA visionary planning. Who should be eligible for the grant? Should ownership type i.e. private, non- private, etc. be considered? Should the project and ownership be for projects that generate economic activity and expand tax base? What about tax exempt properties? Staff recommends that grants for these types of projects (non conforming to future use, non-economic generating or non-job creation) and 6-53 owner~lip (non-profit or tax exempt) should be highly limited to extra ordinary projects which address significant blight, target areas and project building types. Staff is concerned that we not "out think" ourselves on this program. As the Fagade Grant Program becomes more detailed and complicated, more time and energy is expanded by both the applicant and staff. The budget is $100,000.00 per year in funds, therefore staff's efforts to administer this small percentage of our budget needs to be considered. 654 '~: 2002/2003 ~A(~ADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMATION Name of Property Owner: Address of Property Owner: City/State: Zip Code: Phone # Day: Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, ff applicable): If Different from Property Owner Name of Business: Address of Business: City/State: Phone # Day: Type of Business: Evening: Zip Code: Years of Operation: Number of Employees: Annual Payroll: ' 'mber of Employees residing in Boynton Beach: Boynton Beach Community Redevelopment Agency Fagade Grant Program Application 655 PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa(;ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: · Painting. · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the building. · Irrigation. · Parking lot re-paving, re-sealing, re-striping. · Exterior Lighting. · Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. ,. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fa(~ade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. Applicants mai/ submit el~qible improvements for reimbursement which have been used as reimbursement requests or approved in other grant 656 Boynton Beach Comrnumty t,{eaeveloPrnent Agency Facade Grant Program /~ro.c/rar~s~offered by the CPA, City, Palm Beach County or the State of Florida, however the purpose and amount of the .qrant~s) shall b~ disclosed in the proiect application materials. The Facade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and propose(; improvements. The Facade Grant program mat/ only be used one time for any on~ /aro~ertv: however, project phasing of up to two years can be requested. Property owners may receive grants for multiple /~roDe/ty' locations. Applicants shall be limited to one grant per CPA bud.(Tet t/ear (October Ist .to September 30~). ' 657 Boynton Beach Community Rede~e"l~pment Agency Fagade Grant Program APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 An original application and e~qht (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. The CRA will administer the commercial extedor facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. o Applicant shall obtain, read and understand all aspects of the Fac,,ade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 658 Boynton Beach Community Redevelopment Agency Far_~de Grant Program PROJECT INEORMATION Describe improvements to be done to the property. Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to be processed. ,~y signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) Property Owner (Property owner's signature must be notarized) (Date) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 659 Boynton Beach Community Redevelopment Agency Fagade Grant Program STATE OF FEORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ,2002. NOTARY PUBLIC My Commission Expires: 66O Boynton Beach Community Redevelopment Agency Facade Grant Program IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant agrees not to alter, renovate, or demolish the new far,,,ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. The property owner, or tenant if applicable, must complete the fa;ade improvement project within six (6) months of the grant award unless the pro/ect is approved as a phased pro/ect in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the fac,,ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project 661 Boynton Beach Community Redevel6pment Agency Facade Grant Program Agreement accounting, including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for %york to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be .from approximately the same position as the "before" photos submitted in the Application and the "during" photos. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued ten (10) days after approval. Grant funds will be reimbursed exclusively for (REMOVE - approved) eligible work and approved change orders (REMOVE - "and only for work that has been performed afl. er the grantee has received notification that the Grant Application has been) that has been approved by the CRA. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. Witness (Date) Property Owner (Date) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 662 Boynton Beach Community Red~l/t~lepment Agency Fagade Grant Program Agreement MEMO - -~ ~ To: CRA Board Members From' Doug Hutchinson - CRA Director Date: 12-02-02 Subject: Facade Grant Ocean Plaza This grant application was tabled for the CRA Board to consider changes to the CRA Fa(;ade Grant Program. The application should be reconsidered in light of the discussion and direction of the grant program. 663 IX. New Business: 664 person who decides to appeal any decision of the Community l~'~velopment Advisory Board with respect to any matter idered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of )rocecdings is made, which record includes the testimony and evidence upon which the appeal is to be based. cit~ ~aall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ~rtuu/ty to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas hi, on at 561-737-3256 at least twenty-four hours prior' to the program or activity in order for the City to reasonably mmodate your request. MEMO To: CRA Board Members From: Doug Hutchinson - CRA Director Date: 12-02-02 Subject: Fa(;ade Grant Grace Fellowship Church The Grace Fellowship Church requests a grant for updates on their building. The project is sizable and has an abundance of matching expenditures. This project has been several years in the making and they are about to get underway. The grant is of great importance for this applicant. They have complied with existing grant requirements. Under the previous program administrator, the applicant was given assurances that they qualified to receive funding (at the $5,000.00 level). They have depended on this information for their future expansion and growth. Therefore, Staff would ask that if this project is approved that it is established as a "one and only" project approved for this type and ownership. Additionally, the Board should nsider the amount of the grant ie: old level verses new levels. 665 ;A~ADE 2002/2003 NOV/, ,~ 2~ IMPROVEMENTS G~NT PROGR~ro~ APPLICATION FORM 8~C~ c.~,A' Boynton Beach Communi~ Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessa~) APPLICANT INFROMATION Name of Property Owner: 700 PLAZA (GRACE FELLOWSHIP INC OF PBC) Address of Property Owner: 715 South Federal Highway City/State: Boynton Beach, FL Zip Code: 33435 Phone # Day:. 561.369.4387 Evening: 561. 369. 3266 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): See attached Warranty Deed and Legal Description if Different from Property Owner Name of Business: Address of Business: City/State: Phone # Day: Type of Business: Years of Operation: Number of Employees: Zip Code: 666 Evening: Church and five business locations 13 at this location 3.5 Annual Payroll: Number of Employees residing in Boynton Beach: 3.5 Boynton Beach Community Redevelopment Agency Facade Grant Program Application Page 1 of 5 Approved 10/8/02 PROGRAM GUIDEDNES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Facade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. Eligible exterior improvements for this program include: · Painting. · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the building. · Irrigation. · Parking lot re-paving, re-sealing, re-striping· · Exterior Lighting. · Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Maximum Grant amounts: The CRA will provide, on a reimbursement ,basis, a dollar for dollar matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. Boynton Beach Community Redevelopment Agency Facade Grant Program Page 2 of 5 Revised 8/6/02 667 APPLICATION I~ROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 The application is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the' necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by retum mail. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspects of the Facade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. Boynto. n Beach Community Redevelopment Agency Facade Grant Program Page 3 of 5 Revised 8/6/02 668 ~ ROJECT INFORMATION Describe improvements to be done to the property. Project work write-up(s) describing in detail the scope of the project, - · Plans or sketches if applicable, ,- F~-~'''d · Site plan and plant list for landscape projects, '- · Third-party cost estimates from three (3) licensed contractors, Estimated time line, - ~ Evidence of financial ability to pay for the project (approved lOan, cash account,, line of credit, etc.), ~t ~ , A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", Signage design with colors & materials proposed if applicable, Project color chips / matedal samples if applicable, ¢A--,-v}(- · And material specifications. ~ -- Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness ~-'~'~ (Date) Property OWner,s' (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Page 4 of 5 Revised 8/6/02 669 APPLICATION FOR FACADE IMPROVEMENTS GRANT PROGRAM OF THE CITYOF BOYNTON BEACH ITEMS 1. Enclosed is project work write up. -' ; 2. Plans, sketches, site plan, material specifications and plant list enclosedin set of architectural drawings submitted with the application-pages Al00, Al50 and last page. 3. Enclosed is a copy of third party cost estimates as presented to the church board of Elders. 4. Estimated time line is enclosed in project work write up - 3-4 months ~om commencement. 5. Enclosed is a letter ~om our bank verifying our financial ability to pay for the project. 6. Enclosed are '*before"photos of buildings, parking lot and sign, 7. Enclosed is copy of proposed sign. 8. Colors and material specifications are set out in the architectural-drawings submitted with the application- paint, page A300. RECEIVED NUV/. 2002 BOYN'FON BEACH C.R,A. 670 November 14, 2002 PROJECT WORK DESCRIPTION The aim of the project, as set out in the schematic and the architectural drawings, is to make our current buildings (which include a church and a small shopping center) and a parking lot as attractive as possible in order to present a clean, inviting and forward looking image that will attract parishioners to the church and shoppers to the center. It will also be in line with the City Council's plans for the renovation and updating of the property on Federal Highway. The plans indicate that we propose to do this in the following ways: To remove the eXisting from canopy roo~ over the entrance of the church and the shops, and also to remove the eXisting wood siding and shingles, and replacing them with a new metal roof and stucco finish. To resurface the asphalt parking lot both in the front and the back of the property and to provide concrete curbs that will control the ingress, the egress and the parking. To provide, as set out in the landscaping plans, a new green area, and new shrubbery and trees in the curbed areas and designated planters, along with a new sprinkler system. To install new lighting in the parking area and on the buildings. This lighting will be in keeping with the new lights on Ocean Ave. 671 o To have a new sign in the parking area, as set out in the plans, that will conform to the City codes. The sign will be both for the church and the shops. From the sign to the entrance of the church will be a walkway set out with brick pavers. We also plan to have new signs put over the shops. The entire complex will be repainted and new gutters put in place. Over the back entrances to the shops new canopies-will be erected, along with new canopies over the entrances to the church and fellowship hall on the north end of the buUding. New Hun'icane shutters will be placed on all shop windows and doors and also over all windows and doors on-the church. This work will be done by Nelson Aluminum Company and is included in the budget. The architect is Perez Design Incorporated and the contractor will be Ahrens Construction of West Palm. The overall work will take between 3-4 months. At this present time the commencement of construction is scheduled for mid March 2003. It is our belief that the proposed renovation will be attractive and eye appealing and will greatly enhance our property and the overall outlook of Federal Highway, and at the same time be in line with the plans and conceptions ofthe City of Boynton Beach for this area. We ask for your support for this project. 672 FIDELITY FEDEI L BANK &.TRUST November 13, 2002 Boynton Beach Redevelopment Agency 639 E, Ocenn Ave. Boynton Beach, F1 33435 Grace Fellowship Church 715 S. Feder~I Boynton Beach, F1 Dent RepreSentative: Please be advi,~ed that Fidelity Federal Bank and Trust recently ~unded a credit facility to Grace Fellowship Church that included approximately $450,000.00 for building and site improvements. If you should have any questions regarding the above, please do not hesitate to call mc. You~ truly, Vice President Cor~mercial Loan Departmet Of:rice (561) 364-1018 Mobile (561) 373-5937 673 · ~ FDIC Corl3oram O~ce~ 205 ENtt~T~ S~T~t We~C Pa~l Bea~',, FL 33401-$67g · (561)803-~00 ' -~ '~ 2002/2003 FA(~ADE IMPROVEMENTS GRANT PROGRAI~0y,~,,_ " PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency ,ROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new facade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work 'and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant ~to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. The property owner, or tenant if applicable, must complete the facade improvement project within six (6) months of the grant award. Failure to complete the fa(;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete 'Reimbursement Request and approval of completion, by the CRA Board. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of Jayment from suppliers and licensed contractor(s) that have been marked Boynton Beach Community Redevelopment Agency Facade Grant Program Agreement Page 1 of 2 Approved 10/8/02 675 "paid" with .a-"release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, lab~ materials fee~ ~nd (3) the Application Photos should a ~hotos submitted in the Application and the "during" photos. The Reimbursement Request from the Applicant shall be submitted no later than the 15~ of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued ten (10) days after approval. ,, Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Grantees may not submit facade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Facade Grant program will only I-ionor new expenditures that have not been submitted under other grant programs. The Facade Grant program may only be used one time for any one property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1"t to September 30th). Grantees shall grant the CRA and/or the. City of Boynton Beach the rights and use of photos and project, application materials. Witness f "----"' (Date) Pr(~perty Ow~.~- '(Date) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency Fa~;ade Grant Program Agreement Page 2 of 2 Approved 10/8/02 676 ATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer(~/~ ~ z//~//'/--/~ _ ~ _/~[..--'/~ ~duly autho~y'~w to admir~ister oaths .and take acknowledgements, personally appeared ~~,,~/~~~z--'~, ~o"is personally known to me or produced ~ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and' County aforesaid on this /z-//''/'/~ day of ~~ , 2002. Nr My Commission Expires: 677 Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Page 5 of 5 Revised 8/6/02 -R~umto: REED, GRIFFITH & MORAN Name Ada~ Poet Office Drawer 10 ')~- Boynton Be&DI%t FL 33425 This' instrument was prepared by: Name ROBERT B. REED, ESQ. Addres&" ~ 630 East Ocean Avenue BOynton Beach, FL 33435 Grantee S.S. No. 59-2469068 um ~RACgi ~g~.LOWSHIP, INC. OF PALM BEACH COUNTY Grantee S.S. No. WARRANTY This Indenture, m.ae t~ Property Parcel Identification No. 0£C-21-I989 09:23a~ 89--36SS29 ORB &2~99 Pe 1~2 Con 900s000,00 00c 4s750,1]0 [Space above this lh~e for recording data.] DEED - s cno 18 th day of December 198 9, Between FRANK J. SEELEY, Trustee oftheCo~of Palm Beach ,Stateof Florida ,~toW, and GRACEI FELLOWSHIP, INC., OF PALM BEACH COUNTY, a Florida corporation whosepost office address~ Post Office Box 1540, Delray Beach of ~e Coun~ of Palm Beach , State of Florida 33447-1540 , ~rantee; Witnesseth that said ~rantor, for and in consideration of the sum of TEN AND NO/100 ($10.00)--- Do~rs, · and other good and valuable considerations to said ~rantor in hand paid by said srantee, the receipt whereof is hereby acknowledged, has ~anted, ba.~ained and sold to the said ~rantee, and ~rantes's heirs and assigns forever, the followh~ described land, situate, lying and being in Palm Beach County, Flortd~ to-wi~. SEE EXHIBIT "A" ATTACHED and said ~rantor does hereby [-ully warrant the title to said land, and will dead. nd the same against the lawfol clahns of all persons whensoever. ........ *'Grantqr' and "grantee" ~re u~ed for singular or plur~l, ~ context requires. ~k~itness~ sr~tor ha~ hereunto set grantors hand and~d,~esl the day and year first above written. FI g _ . ~ 7_ - - FRANK J. sEE~EY, Trustee $?AT~ OF FLORIDA COI.~ OF PAI./4 BRACH I H'~BY C~T~ fl~at on th~s day he,re ~ti~ ~$,r, du/y ~ua~ed to take acknowledgments, persona~¥ apFeared to be the person(s) dasc~_,~. ~h~b~"~ '~e foregoing instrument and acknowledged before me that to knovm ~he~ executed the same. WITNESS my hand and official seal i~the~.ount¥ and Stat~last~)~oresaid th~ 18 thday o~ December ,198 9. My Commission Exl~re July V, ~ EXHIBIT "A" A parcel of land in the Southeast quarter of Section 28, Township 45 South, Range 43 Bast, Boynton Beach, Palm Beach County, Florida, more particularly described as follows: Beginning 'at the Northeast corner of said Southeast quarter; thence Southerly, along the Easterly line of said Section 28, a distance of 162.9 feet to the point of beginning and the Northeast corner of the herein described parcel of land; thence Southerly along the same course, a distance of 305.8 feet; thence Westerly, parallel to the North line of said Southeast quarter, a distance of 410.2 feet, more or less, to the East line of HATHAWAY PARK, according to the plat thereof, recorded in Plat Book 13, Page 17, Public Records of Palm Beach County, Florida; thence Northerly along the East line of said HATHAWAY PARK, a distance of 305.8 feet; thence Easterly and parallel to the North line of said Southeast quarter a distance of 410.2 feet, more or less, to the point of beginning; LESS the right-of-way of State Road No. $ (U. S. Highway No. 1). as shown on the plat of right-of-way of State Road No. 5 recorded in Road Plat Book 2, Pages 181 to .191, inclusive, Public Records of Palm Beach County, Florida. (The West 20 feet of the above described property being used'for street purposes by the City of Boynton Beach, Florida.), TOGETHER WITH improvements and fixtures located thereon and all of Seller's right,'tit.le and interest in and to existing leases relative said property.. SUBJECT TO reservations, restrictions and easements of record, if any; zoning regulations of applicable governmental authority; and real property taxes for 1989 and subsmquent years. 6 ~'~ RECORD VERIFIED PALM BF. ACH COUNTY, I=I.A, J.OHN B, DUNKLE CLERK CIRCUIT CGURT 680 681 682 ~' Memo To: From: Subject: Date: CRA Board Douglas Hutchinson "Piggy- Back" Contracting December 4, 2002 The staff is recommending the use of a provision in the CRA's Purchasing Policy Manual, which would allow the utilization by the CRA of existing contractors of other governmental entities for the same services or goods when those contractors or vendors are currently under contract with another public entity. This provision is commonly known as "Piggy Backing". Once a public entity has completed a bidding process, in many instances, other entities may, at the mutual agreement of the service provider, use the same services or purchase contract to secure goods or service. This "Piggy Backing" therefore provides several potential advantages for entities seeking like-kind purchases. The "Piggy ~cking' eliminates the need for the entity to develop, publish and evaluate lengthy bid uocuments, RFQs or RFPs. There is no publishing Public Notices for bids, proposals or qualifications. The CRA saves the time required for bids or responses to be submitted (usually 30 to 90 days). Piggy Backing eliminates substantial staff time and effort, bUt yet assumes prudent care of public funds. The Boynton Beach CRA has used the "Piggy Back" concept to secure items such as copiers, computers, office supplies, etc at substantial savings through existing City and State contracts. Perhaps one of the biggest advantages is that we can see how the work was performed or the product's quality, before we move forward. When compared to an in-house procurement program these contracts pose less risk and the guess- work is eliminated. It is because of these advantages; time, resources, pricing, known product, etc. that the Staff is recommending use of "Piggy Backing" for the following projects: Boynton Beach District update Study and Design Guideline Overlay for the Boynton Beach Corridor Area. We cannot recommend this for the Boynton Beach Boulevard Extension, Promenade and River Walk design/construction projects because "Piggy Backing" may not be used for Projects that fall under the CCNA. The CCNA is a State law that requires services that are within the scope of practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping to follow State CCNA competitive negotiation requirements and procedures. 683 The "Piggy BaCking'' process would be for Staff to seek known providers of the needed services for each of these projects. Staff will interview prospective providers and have them develop the appropriate "Piggy Back" documents tied to existing qualified contracts. They will be asked to submit the appropriate scope of work for our needs. This package would reviewed by the CRA Board prior to a formal presentation by the firm to the Board. The Board will have the choice of moving forward with a "Piggy Back" Contract or instructing Staff to develop our own RFQ/RFP for each project. Each project will be presented in detail for review upon compiling the project documents. 684 C:kDocuments and Settingskhutchiu.~ondkMy Documents\Contr~_ct Documentskpigg3, back memo.doc 2 X. Other Items: Xl. Adjournment. 685. person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter ,.qidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of pror'~edings is made, which record includes the testimony and evidence upon which the appeal is to be based. city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ,orttmity to participate in and enjoy the benefits ora service, program, or activity conducted by the City. Please contact Douglas :chinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably ommodate your request. Conditions Related to Architectural Revisions The Harbors NWSP 02-012 46. 49. 56. 56. Conditions 3rd floor plans showing side "bump outs". Revise plans and elevations to correspond. Incorporate second or third story porches into the design of units facing either the Intracoastal Waterwway or Intracoastal Park. Building gl: Enhance the building facades facing U.S. 1. Add architectural elements: a) Faux windows b) Shutters c) Raised bandings d) Balconies Building #2: Enhance the building facades facing U.S. 1. Add architectural elements: Proposed Revisions New elevations and floor plans have discrepancies relating to the "bump outs"; Bump outs not shown on 3ra floor plans. 4-Unit building- one wrap-around porch added to 2nd floor "right exterior" on floor plan and elevation drawing. 5-Unit building -1 wrap around porch added on northeast comer of 2na story (to face north) not shown on corresponding floor plan. Recommendation: Not all porches would face park, recommend that they be placed on both comers of 4-Unit buildings. a) Faux windows 1 extra faux window with closed shutters added. 1 medallion on 3ra story added. No bandings added. One balcony added on 2nd floor (see above). Recl~ommendation: (6-Unit building) Add porches or faux porches, roofs over windows and porches, fan windows. b) Shutters c) Raised bandings d) Balconies 60. The proposed first floor color (Sherwin Williams # 1335-Thai Tan) of the buildings shall be softened two (2) shades. 1 wrap-around balcony added on right elevation. 1-extra window with closed shutters added. No bandings added. 1 medallion added. Recommendation: (4-Unit building) Add porches or faux porches, roofs over windows and porches, fan windows No color swatch provided. No color schedule on elevation sheet. S:\Planning\SHARED\WP\PROJECTS\The Harbors\NWSP 02-012\The Harbors comparison br CRA.doc EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 024)12 Reference: 3rd review plans identified as a New Site Plan with a September 24, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article 1II, Sections 11, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article III, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article III, Section X .16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE Comments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that they will be installed, completed, COA2 12/10/02 2 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article 1I, Section A. 1 .a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building 'permit for the project. 10. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 12/10/02 3 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. 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. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 21. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the fight- of-way. FORESTER/ENVIRONMENTALIST COA2 12/10/02 4 DEPARTMENTS INCLUDE REJECT Comments: 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet # 1. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X not meet the 50% native species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 32. The site data on sheet "SP 1 of 2" indicates that 110 parking spaces are X COA2 12/10/02 5 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the , tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entr7 gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X 'the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest corner of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 12/10/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3ra floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the de.sign of the townhouse units that face (front and/or side faqades) either the Intracoastal Waterway or the Intracoastal Park. 50.. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (pasco areas) to allow for additional amenities and landscape material. 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA2 12/10/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X westem property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #1 and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed first floor color (Sherwin Williams # 1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. COA2 12/! 0/02 8 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 64. Omit #54 and #62. X MWR/elj S:\Planning\SHARED\W~PROJECTS~The Harbors~lWSP 02-012\COA2,docS:\Ptanning~,SHARED\WP\PROJECTS\The Harbors\NWSP 02-012\COA.doc