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Minutes 08-15-90 MINUTES OF SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, RE: LIGHTHOUSE SQUARE MARINA, (f/k/a WATER'S EDGE MARINA), TUESDAY, AUGUST 15, 1990 AT 11:30 A. M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Litlian Artis, Commissioner Robert Olenik, Jr., Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk D. J. Doody, Assistant City Attorney Mayor Moore called the meeting to order at 11:30 A. M., and he asked what had to be done to get the Lighthouse Square Marina project going. City Manager Miller understood the original plans were signed off by the Engineering Department. Tambri Heyden, Assistant City Planner, had three minor items before the Planning Department could sign off. Craig Livingston, Architect, Burns & McDonnell, Engineers- Architects-Consultants, 5725 Corporate Way, Suite 208, West Palm Beach, FL 33407, stated he could take care of the three minor Planning Department items very quickly. Then the plans must go to the Department of Utilities and the Building Department. As tenants are leasing spaces, modifi- cations are being made. The restaurant will be two stories instead of one story. The raw bar at the east end will be connected. The boat storage building was originally 265'x 135'. They want to make it 270'x135'. City Manager Miller explained to the Commission the original plans are going through sign off now. Since the original plans, there have now been modifications. The modifications to the plans generated the memorandum dated August 7, 1990 from James Golden, Interim Planning Director, to Mr. Livingston. Mayor Moore asked whether the applicant must go through the entire cycle again because of modifications. City Manager Miller replied some of the modifications are substantial. Going from one story to two stories is somewhat substantial in the Central Business District (CBD), pursuant to the City Codes. Ms. Heyden added that increasing the square footage for the boat facility is also a substantial change. Vice Mayor Wische questioned whether there would be any financial problems with loans if the City delayed the project MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 15, 1990 by having it go through the entire process again. Mr. Livingston replied that presently, the cost is between $35,000 and $40,000 a month on the project. Once they get sign off, there will be a real estate closing which will transfer the title from one owner to one or two other owners. Because of the financial situation throughout the country, banks are getting more and more reluctant to finance projects. Vice Mayor Wische asked why Mr. Livingston did not go through with the original plan, get the loans, and then come back and ask for the modifications. Mr. Livingston replied all the leases and letters of intent are based on the two story restaurant. The raw bar is based on the build- ings being connected to each other. Right now, the project is about 75% to 80% pre-leased. Commissioner Olenik inquired whether the modifications would be greater or less than $100,000. Miss Heyden estimated they would be about $100,000. She added that the lighthouse will be increasing in height. Commissioner Olenik asked if they could exclude the lighthouse. Mr. Livingston responded the cost to make the boat storage building bigger would be insignificant because they will just be moving one set of columns. The number of boats will not be changed. The restaurant may be less expensive because it will be confined to a smaller footprint area. There was discussion about the cost, the City's Ordinance, and the determination of whether the changes will be substantial. It was Commissioner Olenik's understanding that every change in the CBD had to go back to the City Commission. City Manager Miller said the City is looking toward increasing the $100,000 to $150,000 in Chapter 19. Commissioner Olenik asked if they could move forward to make that more consistent with the intent of what the Commission wants to do (bring in the downtown and the CBD). Then any changes would be administrative as long as they fall within that amount. If Mr. Livingston was comfortable with his statement that the modifications would be under $100,000, Mayor Moore felt the project could probably move forward with everybody signing off on the original plan. Mr. Livingston could then implement his changes. In the final sign off, Don Jaeger, Building Official, said the City has to dovetail not only its requirements but the requirements of all the other 2 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 15, 1990 entities involved. The City is just now getting back approv- als from the County Department of Environmental Regulations and the Army Corps of Engineering. Those approvals are not for what was shown on either the original site plan or the modified version. Mr. Livingston felt the best way they could help the project would be for the City Commission to rule that the changes (as long as they are under $100,000) would not trigger the Conditional Use, which would trigger the applicant going back through the whole process again. The applicant will make the modifications through the City staff. Mr. Livingston believed the project was scheduled for the meeting of the City Commission on August 21st. He could bring the elevations to the Commission at that point. Commissioner Olenik asked what the Conditional Use issue was. Ms. Heyden replied the increase of square feet to the dry boat storage. Mr. Livingston said it will be increased 675 square feet. Mr. Jaeger suggested Mr. Livingston should explain all of the changes. If the City Commission felt they were not substan- tial and wanted the City Staff to handle it, they could give the City Staff that direction. Discussion ensued about the Conditional Use. Commissioner Olenik asked if the City would have to advertise for that. Ms. Heyden answered affirmatively. Mr. Livingston said the original building is 265'x135' They are making it 270'x135'. The building is shifted to the west approximately 15 feet, as a result of the appli- cant's meeting with the DER. The big change is to the restaurant. Raffael's Restaurant, Boca Raton, signed a lease. Instead of a one story, 12,000 square foot building, they want a two story, 8,000 square foot building. At the east end, where the raw bar is, they leased a 9,000 square foot restaurant called "Jonathan's". They want to connect the raw bar to the main part of their building and operate it as one space. The harbor master, which was originally oriented in a south direction, is now turned in an east/west direction. Working with the State and County agencies, Mr. Livingston stated they have come up with a change to the parking lot layout. Instead of a rectangular parking lot, it will be 3 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 15, 1990 more meandering to save the existing mangroves. He elabor- ated about the agencies and said the project is moving along through those agencies. Commissioner Olenik questioned whether those approvals were for the same plan the City Commission had. After explaining, Mr. Livingston answered affirmatively and confirmed the changes have been as a result of the analyses of the plans by the Army Corps of Engineers, DER, and DRN. Discussion ensued as to whether the changes were substan- tial. If the changes were determined to be substantial, Mayor Moore questioned what time frame they would be talking about. Mr. Livingston replied, "Two or three months." If the Commission determines the changes are not substantial, he said they could be in the ground in September. Mr. Livingston explained to Commissioner Artis that the Department of Transportation (DOT) had an easement running through the property. The parking lot was originally designed to accommodate the bridge. Mr. Finizio interjected that the parking lot meets the City's Code. Vice Mayor Wische felt the changes were not substantial. Johnnetta Broomfield, Director of Community Improvement, brought up the fact that the landscaping with the amenities (benches, etc.) and the signage package have not been pre- sented to the City Commission nor the Community Redevelop- ment Agency (CRA), but they do not have to be in place until the permits are issued. City Manager Miller advised those things would not hamper the issuance of a development order. The applicant would need to have them at the time of certifi- cates of occupancy. As the tenants come in, Mr. Livingston said they will tell what kind of signs they want. If the mangroves become a park, Commissioner Olenik asked whether there could be access to the mangrove area through this complex. Mr. Livingston answered affirmatively. If Mr. Livingston brings in the plans with the changes, and the City Commission is satisfied it will be within the $100,000 area, under the Southern Standard Building Code formula, Mayor Moore thought this could move forward. Mr. Livingston stated he will do a comparison and show before and after. There were comments about the square footage. Mr. Livingston gave the Commission a book and s~id the waterfront and lighthouse are tied in together. The majority of lighthouses in the book were 150 or 190 feet tall. 4 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 15, 1990 Mr. Livingston wanted a height exception to raise the lighthouse from 45 feet to 65 feet. He thought it would focus on the waterfront level and would give Boynton Beach a landmark. Ms. Heyden advised Mayor Moore the Code requires the height exception to be approved by the City Commission solely. Mr. Livingston had submitted an application, and he stated his client would submit the $125 fee. Commissioner Olenik stated he would support the lighthouse. Commissioner Artis saw nothing offensive with having the lighthouse that tall. Vice Mayor Wische did not think it had any opposition from anyone on the Commission. Mr. Jaeger asked what will be in the lighthouse. Mr. Livingston answered that Richard Gram, Chairman of the CRA, is trying to promote the idea of a laser light show at the waterfront. Mr. Gram has also talked about having a nautical museum in the lighthouse. At this point, it is more of a landmark. The upstairs is not accessible by the public. Mr. Livingston informed Mayor Moore he received a letter last week from DOT that said their rights to the 30 feet easement that runs through the property for a drainage pipe would end, if the applicant does not do anything to inter- fere with the pipe and maintains and repairs it. Mr. Livingston said they will meet about the tri-party agree- ment and let the City know what their response is. The Courts have ruled no bridge is allowed there. DOT has to go back to "square one" again. Mr. Livingston stated they have allowed for a parking lot, in the event the bridge goes through. Discussion ensued about the bridge. City Manager Miller stated the City of Boynton Beach and the Town of Ocean Ridge are to agree to a location and design for the bridge. They have agreed in conversation, but something more substantial is needed. Commissioner Olenik thought the Commission said they could live with a two lane, mid-rise bridge at Boynton Beach Boulevard. City Manager Miller stated Ocean Ridge did not make any specific consensus along those lines. There was discussion about Ocean Ridge. City Manager Miller suggested there be a for- mal Resolution on behalf of the City, as well as the Town of Ocean Ridge. Commissioner Olenik thought Mayor Moore should send a letter to the Mayor of Ocean Ridge. There was further discussion about Ocean Ridge, DOT, and Treasure Coast. Mayor Moore asked whether Mr. Livingston received the memo from Mr. Golden. Mr. Livingston answered affirmatively 5 MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 15, 1990 and said he is working very closely with all of the City Staff. City Manager Miller was instructed to place this on the Commission's agenda for the meeting of August 21. Vice Mayor Wische asked about the requirements for a public hearing. Assistant City Attorney Doody advised if the changes are substantial, a public hearing would be required. If the changes are not substantial, a public hearing would not be required. City Manager Miller advised if all of the changes to the boat storage building, the restaurant, the raw bar, the har- bour master, and the parking lot layout come to less than $100,000, it will not be a substantial change, and a public hearing will not be required. ADJOURNMENT The meeting properly adjourned at 12:10/ P. M. Mayor ATTEST: Vice Mayor City~/Clerk ~-- Rec°~doin~gTSa;~ ~ et a r~~ Commissioner Commissioner