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Minutes 02-11-03MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 11, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Jose Aguila Alexander DeMarco Don Fenton Michele Hoyland Henderson Tillman (arrived at 7:10 p.m.) Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. and welcomed Commissioner McCray. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Minutes Chairman Finkelstein stated that he received the January 16 minutes, but the minutes were not included in the agenda packet. The only minutes included in the agenda packet were from the Regular Meeting of January 14, 2003. Mr. Hutchinson stated that the January 16th minutes would be included for approval on the next agenda. B. Adoption of Agenda Motion Vice Chair Heavilin moved to accept the agenda. Motion seconded by Ms. Hoyland and unanimously carried. C. Approval of Minutes Mr. Aguila pointed out that on Page 8 of the minutes (page 824 in the agenda packet), Ms. Hoyland in her motion made it clear to the applicant that when the elevations were revised, he would have bring this back to the Board. Mr. Aguila Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 requested that the CRA Director send a note to the applicant informing him that this was a condition of approval. Mr. Aguila heard that the applicant was of the opinion that since the project was approved by the City Commission, it does not have to come back before this Board. For clarification, Chairman Finkelstein inquired if the minutes are correct, which Mr. Aguila confirmed. Mr. Aguila just wanted to make a point of this condition. Mr. Aguila requested that the word "recommendations" on Page 13 (page 829 in the agenda packet) be changed to "conditions." Mr. Aguila informed the Board that he went to the site and he said that there was no electrical work in the way that would prevent the applicant from screening the entire air conditioning unit. Mr. Aguila wanted to put this on record. Motion Mr. DeMarco moved to approve the minutes, as amended. Motion seconded by Ms. Hoyland and unanimously carried. IV. Consent Agenda Ao IT Contract for CRA with City of Boynton Beach Membership into the Realtors Commercial Society of Palm Beach County Financials Mr. Aguila requested to remove Items A and B for discussion. Chairman Finkelstein requested to remove Item C for discussion. A. IT Contract for CRA with City of Boynton Beach Mr. Aguila made the following comments regarding the agreement: · Pointed out that the date as it appears throughout the entire contract should be changed to 2003. · Noted that in Paragraph 4.d (Payment) it states that the annual payment shall increase by 5% each year and requested where this figure came from. It seemed high to Mr. Aguila and he felt 3% was more realistic. · On Page 8 it states that disputes would be adjudicated within the courts of Florida. He felt that disputes should be done through mediation. Since the CRA is an agency of the City, he did not think it was proper to go to court against the City for computer maintenance. · Both the Director and the Chairperson should sign the agreement. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Vice Chair Heavilin pointed out that on Page 4 (Notices), the address is incorrect and the zip code on Page 1 is incorrect. Chairman Finkelstein had the following comments: · Noted that on Page 837 of the memo in the .agenda packet it states that Attorney Payne has read and approved the agreement, which she confirmed she has. · Further, it states in the memo that special projects will be billed on an "as needed basis" and he questioned what a special project was. Mr. Hutchinson explained that they are planning to put together a map book of the CRA area, which would be done through the GIS Department and should be considered a special project. · Pointed out that the address of the CRA was incorrect in the first paragraph of the Agreement. · Requested that the word "governmental" in Paragraph I (Project Designation) of the contract be deleted. · The Exhibit A attached to the contract was not as stated in the agreement. The Exhibit A attached to his contract was an inventory of computers for the CRA Office. Mr. Aguila felt that the exhibit was correct, but the identification of the exhibit in the agreement was not correct. In Paragraph 3 on Page 2 of the Agreement it states "sixty (60) days' notice" and on Page 3, Paragraph 12 (Termination) it states, "thirty (30) days notice." In Paragraph 4 (Payment) on Page 2 of the Agreement it states that "The annual payments shall be made to ITS by CRA, in advance in equal amounts on a quarterly basis." This was not clear wording. He suggested changing "payments" to "amount." Attorney Payne stated that it should read "annual amount." Vice Chair Heavilin inquired if the wording in Paragraph 12 (Termination) should state "at least" thirty days or "by providing thirty days." Mr. Aguila suggested taking the word "at" out and having it read, "by providing thirty (30) days." Vice Chair Heavilin asked Mr. Hutchinson how the 5% figure was arrived at and he'said that this was provided by ITS and suggested a counter-offer of 3%. Chairman Finkelstein noted that the last sentence in Paragraph 12 (Termination) states "In the event of any termination, ITS shall be paid the pro rata sum for services performed." He would like to add "or if paid in advance shall rebate the Meeting Minutes Community Redevelopment Agency Boynton Beach, FI. February 11, 2003 prepaid sum pre rata." Mr. Fenton inquired what is the official address of the CRA and was informed it is 639 Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. Chairman Finkelstein noted that Exhibit A lists two computers and he thought that there were three. Mr. Hutchinson confirmed that there were three. Mr. Hutchinson noted that a new Exhibit A was supposed to have been furnished to reflect this. Mr. Aguila requested that disputes be resolved through internal mediation. Attorney Payne felt that there was no need to have a dispute resolution, since the contract can be terminated with 30-day notice. There was a consensus that the language should remain as written with the court venue changed to Palm Beach County. There was also a consensus to leave the termination d~ notice at 30 days. Chairman Finkelstein inquired what services they would receive for $1,000 a month. Mr. Hutchinson said this would include the CRA's licensing for software, setting up the system, and making sure the equipment is working and assisting with the accounting software. They will be helping the CRA on a regular basis and will be providing backup in the event of a power failure. Mr. Hutchinson explained that if ITS did not assist the CRA, someone else would have to. ITS will also be providing off-site servers. Vice Chair Heavilin inquired if ITS would be designing the website. Mr. Hutchinson stated that he would be bringing this item to the next board meeting for comments and suggestions. He explained that you have to buy space to host your website and this could be done with the City. Chairman Finkelstein inquired if there is actually a Agreement and Conditions for CRA Technical Services. he has not been furnished with this document. document entitled Client Mr. Hutchinson said that Chairman Finkelstein had concerns that the CRA was contracting for services and they do not know what those services are. Mr. Hutchinson stated that he would provide a scope of work type of document. Vice Chair Heavilin noted that Paragraph 2 would have to be changed, as well as Exhibit A, which is not the Client Agreement. Chairman Finkelstein did not think that they could approve the Agreement tonight until they are provided with the necessary documents and that the corrections are made. Motion 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Ms. Hoyland moved to table the IT Contract until the next Board meeting and that the changes discussed exclusively be changed and that the agreement referenced as Exhibit A be updated. Motion seconded by Mr. Aguila. Mr. Fenton requested that the motion include obtaining a definitive answer from ITS why they chose 5% instead of the CPI or a more realistic number like 3%. Ms. Hyland accepted Mr. Fenton's request and Mr. Aguila seconded it. The motion unanimously carried. Membership into the Realtors Commercial Society of Palm Beach County Chairman Finkelstein noted that there was no money left in the line item of the budget for memberships (The Board increased the budqet for this item at the last meetin.q.) and inquired if it was important enough for the Board to join this Society. He was informed that Board Member DeMarco asked that the CRA join the Society. Chairman Finkelstein thought that the Board should look at all their memberships and determine which ones would be a benefit and should be kept and which ones should be dropped. Mr. Hutchinson responded that this would be something they would be doing in preparation for next year's budget. He pointed out that Board members bring opportunities to staff and staff looks at them to see if they are worthwhile, and that is why staff brings these memberships to the Board for consideration. Mr. Hutchinson felt that a membership in this Society would be beneficial. Chairman Finkelstein reported that he was just notified that there was money in that line item to join. Vice Chair Heavilin did not think that joining this organization was worthwhile She also pointed out that there was a memo referred to in the agenda, but it was not attached. Mr. Hutchinson said that this should be disregarded. Mr. Fenton asked Mr. DeMarco why he felt it would be beneficial to join. Mr. DeMarco said that he has been a member for 8 years and the membership is made up of the largest companies in real estate in the county. By being a member of the society, you are automatically a member of the state and national organization. Mr. DeMarco said that he has gained a great deal from his membership. He noted that they had a meeting this morning that was attended by over 100 commercial realtors. Also, by joining the Society you would have access to five websites dealing in real estate. Motion Mr. Fenton moved to accept the recommendation of staff to join the Realtors Commercial Society of Palm Beach County. Motion seconded by Mr. DeMarco. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 C. Financials Chairman Finkelstein referred to page 850 of the agenda packet. The CRA received the TIF check for Palm Beach County taxes and when the County and City checks were combined there was a $344,971.08 shortfall from projected TIF .revenues. The previous agenda stated that a general ledger transaction was performed to move the money that was received which exceeded the City projections. For clarification, Chairman Finkelstein inquired if it was only the County's portion that was short. Susan Vielhauer, CRA Controller, stated that they received both TIF checks. One was received in December and the other one did not get into the bank until January 1st. The TIF projections were at $1,670,000 and the money received was short by $344,971. When the City's money was transferred to the CRA there was an additional $9,974. Chairman Finkelstein asked if the $17,834.98 on the income statement included the grant money from the Katz property that was requested be returned. Ms. Vielhauer stated that it did. (Henderson Tillman arrived at 7:10 p.m.) Ms. Hoyland asked where the shortfall was. Mr. Hutchinson stated that the shortfall was on the assessed value that generated the tax for the City and the County. The County did the projections and staff asked the County what happened to decrease the value that resulted in this shortfall. The County gave staff the projections and staff would like to know what happened to decrease the value by that much. The County stated that they have never been this far off before and they had no specific answer. It could be because some properties that were previously taxed became exempt. There are six pages of computer printouts that have to be looked at to determine this. Mr. Hutchinson stated that it could also be attributable to some apartment buildings not being occupied at the January 1st cut off. Mr. Fenton pointed out that this is a 25% to 35% miscalculation by the County. Ms. Vielhauer said that the County gave her a list of properties that are tax exempt and she has to find those properties. Because of this great discrepancy, the forecasting has to be adjusted. Members discussed at length the remainder of the financial statements and Ms. Vielhauer answered questions raised by members. Vice Chair Heavilin also requested that there be an additional line item under personnel costs for contract services. It was noted that the year-to-date totals do not include January 2003 figures. Motion Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Ms. Hoyland moved to approve as corrected. Heavilin and unanimously carried. V. Public Audience Motion seconded by Vice Chair Ginny Foot stated that she has owned a business in the downtown CBD area for 20 years and was present tonight as a businesswoman and as a representative of the Boynton Ocean District Association (BODA). She thanked the Board and the CRA staff for their support on behalf of the central business district. They appreciate the funding of downtown events and BODA enjoyed the opportunity to partner with the CRA. They look forward to additional assistance and she stated that it was encouraging to know that there can be well run and replacement events for those that have been cancelled or moved. Chairman Finkelstein closed the public audience. VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. New Business A. Zoning CodeVadance 1. Project: Agent: Owner: Location: Description: Buchanan Variance (ZNCV 02-017) James Buchanan James Buchanan 807 Ocean Inlet Drive (Coquina Cove) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-l-AA single family zoning district; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty- seven percent (37%) maximum lot coverage within the R-l-AA single family zoning district. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Maxime Ducoste-Amedee presented the item on behalf of staff and noted that this is an application for two zoning code variances. The first one is for the front setback. The applicant is requesting a 6' variance that would result in a 19' front yard setback in an R-l-AA single family-zoning district. The second one is in conjunction with the first application to allow a 2% increase over the 35% maximum lot coverage resulting in a 37% maximum lot coverage. The area is zoned single-family residential and the property is located on the north side of Ocean Inlet Drive and has a depth of 98'. The lot on the south side of Ocean Inlet has a depth of 112'. Staff focused on the uniqueness of the property relative to other subdivisions, the history of variance approval, the neighborhood impact, and current improvement trends. The lot is less than 7,500 square feet required by code for lots platted prior to 1975 and is non-conforming; however, the LDR allows development of lots when they meet a minimum requirement for non-conformance and that minimum requirement is 6,750. When staff visited the site, it was determined that there were similar variances for setbacks that had been granted. Staff feels that when you remove the front and rear setbacks that total 50', this may limit the design flexibility of those lots and that is the basis of the hardship. It is felt that this will encourage similar improvements and will contribute to increasing the value of the property. The addition will be a two-story addition, an extension of the one car garage, and the addition of another one car garage. The applicant is planning to accommodate his aging mother and staff recommends approval. There are no conditions of approval. James Buchanan, 807 Ocean Inlet Drive, Boynton Beach stated that the variance will only be for the one-story garage. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Ms. Hoyland asked what comprised the 35% maximum lot coverage. Mr. Ducoste-Amedee responded that it is only the building footprint and the screened patio. Mr. Aguila said he could not see the driveway on the plans. Mr. Ducoste- Amedee said that the applicant only submitted a site plan for the overall building; therefore, the drawing does not show the driveway. Mr. Aguila would like to know how much of the front of the property would be a hard surface. Mr. Buchanan stated that he actually planned to minimize the driveway, and he intends to keep the current landscaping. The bedroom that will become a garage will have a driveway that curves to the west around some trees. The driveway will not be visible unless you stand in front of it. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 The 20' alley will be converted to a utility easement and will be the same width as the existing alley. Therefore, it is basically a conversion of an alley to a utility easement and this area will be used as the parking area for the Schnars Business Center. Staff recommends approval of the abandonment, subject to comments in Exhibit D. Public Works and Utilities made two comments and comments 3, 4 and 5 relate to private utility companies. Jeffrey Schnars, 951 Broken Sound Parkway, Boca Raton agreed with all staff comments. Chairman Comm!cslcncr Finkelstein opened the public hearing. Since no one I wished to speak, the public hearing was closed. Motion Mr. Fenton moved to accept staff's recommendation to abandon the 20' alley. Motion seconded by Vice Chair Heavilin and unanimously carried. C. Land Use Plan Amendment/Rezoning Project: Agent: Owner: Location: Description: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX); and Request to rezone the subject property from C- 4 Community Commercial and R-1-A Single- Family Residential to Mixed Use-Low (MU-L) for an 8,754 square foot office-retail building on 0.52 acres. Dick Hudson, Senior Planner, presented the item on behalf of staff and explained that staff went through the criteria used to review Comprehensive Plan Amendments and the project answered positively on all the criteria. Staff is excited about this property because it is the type of project staff envisioned when the MU-L was adopted. The building will come up to Federal Highway with parking behind the building to act as a buffer for the residential area. The applicant could have gone higher than the three-stories planned for the building. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 C. Land Use Plan AmendmentJRezoninq Project: Agent: Owner: Location: Description: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX); and Request to rezone the subject property from C- 4 Community Commercial and R-1-A Single- Family Residential to Mixed Use-Low (MU-L) for an 8,754 square foot office-retail building on 0.52 acres. Dick Hudson, Senior Planner, presented the item on behalf of staff and explained that staff went through the criteria used to review Comprehensive Plan Amendments and the project answered positively on all the criteria. Staff is excited about this property because it is the type of project staff envisioned when the MU-L was adopted. The building will come up to Federal Highway with parking behind the building to act as a buffer for the residential area. The applicant could have gone higher than the three-stories planned for the building. This is a compatible use to the uses to the east. Staff highly recommends that the Board approve the Land Use Amendment and Rezoning. Chairman Finkelstein opened the public hearing. Gayle Grillo, 620 NE 9th Avenue, Boynton Beach pointed out that the houses on her street are one-story and questioned having a three-story commercial building at the end of her street. She felt that this would increase traffic in the neighborhood, which is family-oriented. She also felt that with the building being so close to Federal Highway, it would be difficult to see the foot traffic and people on bicycles coming from the right. She had several questions regarding the project, and Chairman Finkelstein informed her that most of her questions were site plan issues and will be addressed at that time. With regard to being able to exit the street with clear site, Mr. Hudson pointed out that Engineering has approved the setback and there will be a clear site. Regarding traffic, Mr. Hudson responded that the project would generate approximately 34 more trips per day. Ms. Grillo inquired if the applicant were unable to obtain the rezoning, would he still be able to erect a three story building and she was informed that he was allowed to build a 4-story building, if he so wished. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 William Donahue, 616 NE 9th Avenue, Boynton Beach said that his residence is behind the proposed building and will abut his property. Mr. Donahue inquired if the rezoning of lot 20 was not allowed and it remained residential, would there still be enough room for parking. Mr. Hudson responded that the parking could be placed under the building, since the building could go higher. Mr. Hudson explained that the idea is to get the building up close to the street with parking behind the building. Mr. Donahue had concerns because it is a residential street and there are a lot of children. He would like to see something built on the property, but he is concerned about the types of retail use that would be going in. Also, he pointed out that the location of the dumpster is next to his pool. Mr. Hudson responded that this could be addressed during site plan approval. He also explained that with mixed use, there will be a combination of office and commercial, and office use would be on the second and third floors. Tony Matos, 615 9th Avenue, Boynton Beach lives behind the Eagles Building and stated that whenever there are events at that establishment, people park on his property and cause damage. He reported that the care park everywhere and he is unable to get out of his yard. He said that there is not enough parking currently in the neighborhood. Chairman Finkelstein closed the public audience. Ms. Hoyland noted that the zoning is changing from (GC) C-4 and R-1-A to MUL. Ms. Hoyland questioned why the project did not utilize the C-4 zoning. Mr. Hudson responded that the land use is mixed-use on the residential portion of the property and that MUL is less intense than C-4. Vice Chair Heavilin felt that the MUL would be much more compatible in a residential area than commercial zoning. Mr. DeMarco asked what the square footage of the building would be and Mr. Hudson said it was approximately 8,000 square feet. Mr. Hudson also pointed out that this also was a site plan issue. Motion Vice Chair Heavilin moved to approve. Motion seconded by Mr. Tillman. Ms. Hoyland said that the staff report did not state what lots were actually being rezoned and thought that those lots should be included in the motion. Attorney Payne agreed with this. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Ms. Hoyland added the following to the motion: That lots 21, 22, 23 (less the west 17' thereof), together with lot 20 (less the east 55' thereof) of Block 4, Lake Addition to Boynton, according to Book 11, Page 71 recorded in Palm Beach County Florida. Vice Chair Heavilin and Mr. Tillman agreed to the amendment of the motion. The motion unanimously carried. Motion Ms. Hoyland moved that the next item for the same applicant Item (D.1) be heard before Item (C-2), the Coastal Bay Colony. Motion seconded by Vice Chair Heavilin. D. New Site Plan Project: Agent: Owner: Location: Description: Schnars Business Center (NWSP 02-024) Jeffrey T. Schnars-Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway Request for new site plan approval for an 8,754 square foot office/retail building on 0.52 acres in a proposed MU Zoning District Maxime Ducoste-Amedee presented the item on behalf of staff. The building, which is 8,754 square foot, will be situated on a site of 0.52 acres. The lot coverage is 15.4%. Currently the site is composed of four vacant lots, 20, 21, 22 and 23. Lots 21 through 23 are designated general commercial and are zoned C- 4. Lot 20' is mixed use and zoned retail. The building height will be 34 feet and three-stories high. The driveway will consist of two entrances; one on Federal Highway and one on NE 9th Avenue. The driveway is subject to a variance request because it does not meet the 180 feet required by code for an intersection. Parking and development regulations require one parking space for 300 square feet of office use and one parking space for retail use. Using this ratio, the project requires 34 parking spaces, and the applicant is providing 35. The office spaces will be on the second and third floor and retail on the first floor. The landscaping meets all code requirements and the pervious area is approximately 26% of the total site. A 7' high buffer along Federal and 9th will be provided and will contain various species. Since the project is a commercial/office/retail project, code requires a 6' high masonry wall between residential and commercial. The wall will be implemented along the eastern property line, supplemented with landscaping. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 The building is described as Georgian style and artists' renderings of the proposed building were presented. The external walls will be light yellow to dark yellow, and the accent trims will be white. There will be aluminum railing painted black. There will be covered entrance doors on Federal Highway and window boxes with flowers. Staff fully supports this project, as well as the design of the building. Staff feels the project will set a higher standard for the Federal Highway Corridor and will meet the underlying concept of the MUL Zoning District. There will be 21' square feet of signage along the main entrance on Federal Highway.. There will be one freestanding monument sign on Federal Highway that will match the building. Staff recommends approval of the site plan, subject to the conditions in Exhibit C. This will be the first mixed-use, commercial project on Federal Highway,. The applicant agreed with all staff conditions. Chairman Finkelstein opened the public hearing. William Donahue, 616 NE 9th Avenue, Boynton Beach had concerns regarding the traffic that will be generated, as well as lights shining into his windows at night. There are four balconies on the back of the building that look down onto his property and his pool. From the third floor of the proposed building the whole neighborhood would be visible. The dumpster is next to his property and he is concerned about the smell and noise emanating from it. He asked what type of retail businesses would be going in; he would not want to have a convenience store. Mr. Ducoste-Amedee listed the types of uses that could be permitted, such as arts and craft and small gift stores. With the current zoning, the property could be developed with the most intense businesses at the corner. Mr. Fenton felt that Mr. Donahue had a right to be concerned about the location of the dumpster and asked that it be located in another area. Mr. Ducoste-Amedee pointed out that there will be a 6' high masonry wall that will be set back 2' from the property line, plus hedges and Birds of Paradise. The dumpster is 35" long and he did not think that the dumpster enclosure could be in any other location. Gayle Grillo, 620 NE 9th Avenue, Boynton Beach wanted to go on record that they welcome something very nice at the end of the street. Her main concern is traffic and parking since they live in a family-oriented neighborhood. Chairman Finkelstein closed the public hearing. Vice Chair Heavilin said that she had concerns about lighting and did not want Mr. Donahue to have floodlights shining into his backyard at night. Mr. Schnars 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 responded that the lights would be shielded to direct the light toward the building and away from the neighbors. Vice Chair Heavilin asked about the dumpster. Mr. Schnars stated that there would be a concrete wall around the dumpster and it will have a screened gate. Vice Chair Heavilin also had con¢grns that the intersection has a blind corner and pedestrians have already been struck. Mr. Rumpf stated that this is a code compliance issue that staff will look into. Vice Chair Heavilin also pointed out that the Eagles Club is currently using part of that lot and there is a shortage of parking in the area. Mr. Schnars responded that that was a concern of theirs and they wanted to make sure that they have more than enough parking for the project. Vice Chair Heavilin inquired if the applicant would be offering shared parking with the Eagles Club and Mr. Schnars said they were not. Ms. Hoyland liked the building elevations and the way it was situated on Federal Highway. She also did not like the location of the dumpster and felt that it could be a nuisance to the residents. Mr. Schnars said that the dumpster has been located in this area for ease of pick up and if it were relocated to another spot, they would lose a parking space. Mr. Schnars did not think that the dumpster would be a nuisance and noted that it would be located a significant distance away from the property line. Also most of the waste would be paper. Ms. Hoyland suggested increasing the buffering around the dumpster by putting in live oaks at this location that would be 18' to 20' in height instead of in the islands. Ms. Hoyland suggested that another color other than black be considered for the awnings. Mr. Aguila suggested that the molding above and below the windows be stretched in each direction so that they would come to the edge of the shutters, as opposed to the edge of the windows. Mr. Aguila also agreed with Ms. Hoyland regarding the color of the awnings and asked the applicant to consider another color, which the applicant agreed to do. Mr. Aguila inquired if the 6' high wall could be extended another 20'. Also, he asked if the alley between lots 27, 24 and 25 has been abandoned and was informed it has not. He pointed out that lot 27 could at some point be developed as a residence and the remainder of the alley will split between the commercial to the west and the residential to the east. This equates to the residential area having no protection from the commercial because the wall does not extend this far. He would like the wall that goes along the south property line to be extended past the dumpster and go parallel with the property line and extend west 20 more feet where the alley ends. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Mr. Schnars did not think this was possible because the wall would have to cross the utilities, but he would look into this. Mr. DeMarco sympathized with the neighbors regarding the types of businesses that might go into the retail spaces, especially if one were a restaurant. If this happened, more parking spaces would be needed. Mr. Aguila inquired if the air conditioning units were in a well. The applicant stated they were in a 48" well. Ms. Hoyland did not think that a restaurant could go in any of the retail spaces, because more parking would be needed. Motion Ms. Hoyland moved to approve the Schnars Business Center site plan application with the attached conditions of approval as listed in Exhibit C of the staff report, plus the following: 1. That the Gumbo Limbo trees along the east side of the property be swapped out for live oak trees that are planted 18' to 20' in height, as suggested on the site plan, and if the applicant wishes to swap the live oak trees in the islands with Gumbo Limbo trees that are 12' to 14' in height that they do so. 2. That the applicant consider an awning color that is a lighter shade, rather than black. 3. That the applicant consider an alternate location for the dumpster. 4. That the applicant consider installing a wall along the south portion of the property as indicated on the plans as noted by Mr. Aguila. 5. That the decorative banding above the windows and below the sills be extended as wide of an area as the windows and shutters combined. Motion seconded by Mr. Aguila and unanimously carried. RECESS WAS DECLARED AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. D. Land Use Plan Amendment/Rezoninq Project: Agent: Owner: Coastal Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FI. February 11, 2003 Location: Description: 2421 and 2505 South Federal Highway; 504, 510,514 and 520 SE 23rd Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C- 2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres. Dick Hudson presented the case on behalf of staff and stated that this is a request for rezoning and land use amendment for approximately 3.4 acres of land that is currently classified retail/commercial and zoned a combination of 0-2 neighborhood commercial and C-3 community commercial. The applicant wants to rezone to IPUD to redevelop the property for 64 townhouses and the property would be reclassified to special high density residential to allow a density of 20 dwelling units per acre. The property is located on South Federal Highway and just south of 23rd Avenue (Golf Road). The project meets the requirements and expectations of staff, and staff feels that the layout of the buildings, the variety of floor plans, intemal circulation, and allocation of parking will create a pedestrian friendly development and provide a sense of neighborhood in this portion of the corridor. Staff highly recommends approval of both the land use amendment and the rezoning. Mr. Fenton noted that Palm Beach County Traffic Division has approved the project as far as traffic is concerned. He pointed out that the corner of 23 Avenue and US 1 is a zoo, and he finds it hard to believe that the County said that the project was okay. Currently traffic is backed up to the tracks even before this project comes on line. Chairman Finkelstein opened the public hearing on the land use amendment change and rezoning. Ron Jennings, 512 SE 5th Circle in the Los Mangos Community spoke about the traffic pattern. He noted that there are many new developments in this area and traffic has increased tremendously entedng Federal Highway. He felt that this new project would just add more traffic. He was not against redevelopment, but felt that installing a traffic light on 27~h Terrace might help the traffic flow. Chairman Finkelstein closed the public hearing. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Mr. Tillman pointed out that 23rd Street is a County road and he recommended that staff contact the County Commissioner for that area and ask the Commissioner to have that area moved up on the County's 5-year road plan. He did not want to hold up the project because of this issue. Motion Mr. Tillman moved to approve. Motion seconded by Vice Chair Heavilin. The Recording Secretary was requested to call the roll. The motion carried 5-2 (Messrs. DeMarco and Fenton dissenting). Chairman Finkelstein requested that staff follow through on Mr. Tillman's suggestion. Chairman Finkelstein asked staff if they received the County's approval. Mr. Johnson reported that the City has received confirmation from the Palm Beach County Traffic Division that in terms of level of service, the project does meet the traffic performance standards of Palm Beach County. D. New Site Plan Project: Agent: Owner: Location: Description: Coastal Bay Colony (NWSP 02-026) Carlos Ballbe - Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC. 2421 & 2505 South Federal Highway; 504, 510, 514 and 520 SE 23rd Avenue Request for new site plan approval for 65 fee- simple townhouse units on 4.34 acres in a proposed IPUD district. Eric Johnson, Planner, presented the item and noted that the site plan proposes 12 separate buildings, with each building consisting of a different number of units. The buildings will contain two and three bedroom units in different sizes. The traffic statement meets the County's traffic performance standards, as well meeting the school concurrency requirements. There will be two points of ingress and egress; one will be on Federal Highway and the other will be off Golf Road. Both entrances will accommodate service and emergency vehicles to access the site. The project requires 133 parking spaces and the plan provides for 147 spaces. Landscaping exceeds the minimum required by the Landscape Code. The IPUD Zoning District allows for a maximum height of 45' and the two-story townhouses will be as high as 28'1" at the peak of the roof, and the three-story buildings will be 41'7". The buildings will be at least 10' from each property line. A 6' high buffer wall is proposed along the property line that abuts the gas station, as well 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 as the other property lines. There will be two project entry signs on Federal Highway. Mr. Johnson noted that there are 32 conditions of approval and he was under the impression that the applicant agreed with all of them, which Mr. Ballbe confirmed. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Ms. Hoyland inquired if the Highway and was informed pointed out that they would regarding the banding along applicant had previously done a project on Federal that they did the Merano Bay Project. Mr. Ballbe agree to the same comments made for that project the side elevation on this new project as well. Carlos Ballbe, of Keith and Ballbe, 2201 West Prospect Road, Ft. Lauderdale remained at the podium. Ms. Hoyland noted that 12' to 14' live oaks are being used along the perimeter of the site and suggested that the trees be higher to buffer the gas station and the Los Mangos community to the south. Ms. Hoyland would like to have the trees at 16' to 18' planting height. Ms. Hoyland also asked about the access off Golf Road and whether it would be a clicker access. Mr. Ballbe stated that this is a residents-only entrance and for EMS services. Ms. Hoyland thought that the applicant should consider moving the project further in to allow for more stacking because currently the project only allows for stacking one car. She felt that there was enough room to do that. Ms. Hoyland also had concerns about the Federal Highway entrance. She felt that for a vehicle to get out of this entrance, it would have to make a three point maneuver. Ms. Hoyland suggested adding a turn around in front of the gate. Mr. Ballbe responded that there is enough room for two cars and the City approved the stacking requirements. He explained that this entrance is a right-in/right-out entrance and all residents will have a clicker to gain access. Ms. Hoyland also spoke about circulation on the site. Mr. Ballbe stated that this is a private community and he did not think this would be a problem. They will be providing for proper signage to direct the traffic by utilizing "do not enter signs" and they prefer to have wide, one-way streets, rather than have two-way traffic. Ms. Hoyland liked the clubhouse and the pool amenity, as well as the open space green area between buildings 6 and 8. Mr. DeMarco had concerns regarding the traffic and said that he has often seen traffic backed up all the way to the railroad track and the traffic from the project will be entering this area. Mr. Ballbe stated that originally they did not have an exit on 23rd Avenue, but decided to include one by eliminating one unit because staff felt that it was necessary to have a secondary means of ingress. When the 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 County widens the road, this should help alleviate a groat deal of traffic problems. The Board continued to discuss the traffic problems at length. Mr. Aguila asked the applicant if he would consider changing the double doors of the garages to two single doors to break up the monotony of the building elevations. Mr. Aguila said he did not intend to make this a condition, but would like the applicant to consider it. Mr. Johnson read into the record the response of the County that stated that the project is located within the County Coastal Residential Exception Aroa and, therefore, meets the traffic performance standards of Palm Beach County. The County has no objection with the land use change. Ms. Hoyland liked the colors on the renderings compared to the actual color chips. She asked the applicant what colors they would actually be using, and Mr. Ballbe stated they would be using the colors shown on the artist's rendering. Motion Ms. Hoyland moved to approve Coastal Bay Colony site plan with staff's attached conditions of approval as outlined in Exhibit C, as well as the following: 1. That the Golf Road entrance gate access point be shifted to the south to allow for two to three vehicles to queue if possible. 2. That the live oak trees that surround the perimeter of the property be increased to a minimum of 16' in height at the time of planting. 3. That staff and the applicant work together to find a resolution to increase the stacking distance along Federal Highway and the guest turnaround area, even if it includes possibly closing off the north and south exit gates. 4. That the colors of the buildings be as close as possible to the renderings, rather than the color samples presented in the packets. Vice Chair Heavilin seconded the motion. Mr. Fenton requested that the motion be more specific and state emphatically three stacks, rather than two or three on Golf Road. Ms. Hoyland said that she did not have a scale to actually determine this, but did feel that three vehicles could fit. Mr. Aguila pointed out that it wasn't a matter of choice, but a matter of space. Mr. Fenton felt that this was a public safety issue. Ms. Hoyland said that she would not amend her motion to state what Mr. Fenton requested. She did say that she would amend her motion to state "that they get as much stacking as possible, without the gates swinging into the perpendicular drive aisle." Vice Chair Heavilin agreed to the change in the motion. The motion unanimously carried. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Chairman Finkelstein pointed out that the Board agreed to decide at 9:00 p.m. during meetings whether to continue the meeting or to adjourn. He noted that this meeting has now gone beyond that time. Members agreed that the final public hearing item should be heard. Project: Agent: Owner: Location: Description: Southern Homes Temp Trailer (NWSP 02- 027) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC North Federal Highway and Chukker Road (Lots 62 and 63 "Trade Wind Estates") Request for new site plan approval for a 3,200 square foot temporary construction/office trailer on 2.26 acres in a C-2 zoning district. Mr. Johnson explained that the project is for a temporary sales construction trailer and will be on the premises for two to three years. The traffic impact statement was submitted after staff's report was completed and staff has not yet received the County's traffic approval. Staff does not anticipate any problems with the County, but it is a condition of approval. The site will have one point of ingress and egress on Federal Highway. The project site is just south of Victoria's Closet. The project will be the home base for all the applicant's various projects going on in Boynton Beach. There will be three construction trailers that will be hidden with a fake fa(;ade. A total of 11 parking spaces are required, based upon one for every 300 square feet of area and 16 parking spaces will be provided. The landscaping, which is temporary, will exceed the minimum requirement. There is a condition of approval that the landscaping along Federal Highway be improved, and Mr. Johnson will work with the applicant on this. The decorative tower will be 22' in height. The use is allowed and there are 27 conditions of approval. Chairman Finkelstein asked the applicant if he agreed with all 27 conditions of approval and he stated that they agreed to all conditions. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Aguila moved for approval. Motion seconded by Vice Chair Heavilin and unanimously carried. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Motion Vice Chair Heavilin moved that the remainder of the agenda be continued to the February 20, 2003 meeting at 6:30 in Commission Chambers. Motion seconded by Mr. Aguila and unanimously carried. Adjournment The meeting properly adjourned at 9:30 p.m. and will be continued at the February 20, 2003 meeting. Respectfully submitted, Barbara M. Madden Recording Secretary (February 12, 2003) 21