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Minutes 05-13-03MEETING MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 13, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Jose Aguila Don Fenton Michelle Hoyland Alexander DeMarco Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner Eric Johnson, Planner Maxime Ducoste-Amedee, Planner I. Call to Order Chairman Finkelstein called the meeting to order at 6:33 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 Mr. Aguila pointed out that at the prior meeting he requested that there be an item on the agenda that would be placed after projects, but before Director's Report, that would be called "deferred consent items." Chairman Finkelstein noted that it was agreed that these items would be moved to "other items." Mr. Aguila requested that the "Purchasing Manual" be removed from the Consent Agenda. Chairman Finkelstein said that because of the amount of public hearing items, the Purchasing Manual would be moved to Thursday's agenda. Chairman Finkelstein requested that "Consideration of RFP for Outside Audit" (Item IX.F) be added to the consent agenda as Item C in place of the Purchasing Manual. -'- Ms. Hoyland recommended that Items VI.D, Conditional Use for "Club Ovation" and VI.E, Code Review of "Building Height Measurement" be moved up before Item VI.A. 1 (The Arches). Mr. Hutchinson also requested that Item IX.D. "Consideration of Direct Incentive Request from Boynton Ventures L.L.C. (the Arches)" be moved up after the public hearing items for The Arches. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May13,2003 Attorney Payne reported on Item IX.A., "Consideration of Deposit of Funds for Purchase of the Hall Property." Attorney Payne noted that as soon as the funds are received, they would file the action; therefore, this needs to be addressed tonight. Ms. Hoyland suggested moving the item to the consent agenda, to which members agreed. Mr. Aguila would like the item dealing with the Savage Creatures of the Ancient Seas Project addressed tonight. Chairman Finkelstein requested that this item be addressed at Thursday's meeting. The Agenda was amended as follows: The Consent Agenda would read as follows: Items A.. and B. would remain Item C. has been changed to "Consideration of RFP for Outside Audit" Item D would be "Consideration of Deposit of Funds for Purchase of the Hall Property". Under Public Hearings, Items D. and E. will be heard first. Item IX. D., under New Business, "Consideration of Direct Incentive Request from Boynton Ventures L.L.C. (The Arches Project) will be heard after Item VI. C. B. Adoption of Agenda Motion Mr. Tillman moved to approve the Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. IV. Consent Agenda Ao Approval of Minutes - March 27, 2003 Workshop, April 8 and 17, 2003 CRA Board Meeting, April 24, 2003 Workshop and April 29, 2003 .Joint City Commission/CRA Workshop B. Financial Report C. Consideration of RFP for Outside Audit D. Consideration of Deposit of Funds for Purchase of the Hall Property 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Motion Mr. Aguila moved for approval. Motion seconded by Mr. Tillman and unanimously carried. V. Public Audience None VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. New Business D. Conditional Use (Addressed Out of Order) Project: Agent: Owner: Location: Description: Club Ovation (COUS 03-002) Randy Grinter Randy Grinter, Tommy Pauletti, Tommy Kansler 3637 South Federal Highway Request for Conditional Use Approval to allow athletic competitions in a C-3 zoning district Mike Rumpf, Planning and Zoning Director, presented the item and pointed out the adjacent uses at this location. He reported that athletic competitions are not currently provided for in the City's zoning regulations. There is a Code Amendment scheduled for adoption by the Commission, which the Board reviewed on April 8~h. The code change would allow athletic competitions as conditional uses and define them as follows: "Amateur and professional events to include, but not be limited to, boxing, cheerleading, dance, gymnastics, martial arts, and wrestling." Because of the possibility that this definition may be construed to allow unofficial contests or shows that would not be related to official competition or activities, i.e. toughman contests, mud wresting, etc., it is anticipated that the Commission would be altering the definition at the second reading of the Ordinance scheduled for Tuesday, May 20~. The proposed new text would read: "Any amateur and professional cheerleading, dance and gymnastics event or any amateur or professional event which provides physical contact between the participants, provided that the event is within a class of sporting event recognized as a summer Olympic sport by the Olympic Committee." The difference between the new proposed text and the language that was reviewed during the proposed text change referenced a particular class event. Mr. Rumpf noted that conditional uses are on a case-by- 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 case basis and are measured against 12 criteria related to site impact, neighborhood impact, and City impact and benefit. As a condition of the previous nightclub approval, total parking spaces were increased to 489. As a condition of approval the applicant must maximize parking resources on site. An athletic competition would, in fact, reduce the overall capacity of the use and the facility will not operate simultaneously as a nightclub. Overall impacts would be reduced by the proposed use. No new site improvements are needed to support the proposed indoor use and no new signs have been submitted. Mr. Rumpf pointed out that the Gulfstream Mall meets the code requirements for C-3 zoning. The two most significant issues are the parking and the economic impact. It is felt that the continued use of the space would have a positive effect upon the economy and viability of the Gulfstream Mall. If any nuisances surfaced, code compliance processes would be used to address them. Staff recommends approval and the applicant is present. Randy Grinter, owner of Club Ovation, agreed with all staff comments. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Vice Chair Heavilin asked if the new language would change the language in condition #12. Mr. Rumpf said that language could be added to that condition that would state, "in the event that the Ordinance is not adopted with restricting limitations on uses, this condition would prevail." Mr. Rumpf felt that the condition was restrictive enough to prevent unofficial events. Mr. Aguila questioned comment #6 that there would be no new exterior lighting. He felt that there was insufficient lighting in the parking lot, recognizing that the applicant was only a tenant. Mr. Rumpf stated that the site met the minimum code requirement, which is Iow and acknowledged that the site has not been tested utilizing a light meter. Mr. Aguila asked if the Board could require more site lighting. Mr. Rumpf responded that staff relied upon the Police Department comments, since they are familiar with the site, and no negative comments were received. Mr. AguJla would like some kind of condition that "adequate" lighting as defined by today's Code would be provided, without hindering the applicant from moving forward. Mr. Rumpf said that staff limited their comments to this particular use, but lighting could be considered a safety issue. Mr. Rumpf suggested that it could be a condition to have the site checked to make certain that it meets the minimum standard. Mr. Aguila asked what course the City could take if the lighting did not meet standards. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Mr. Tillman felt that this was putting too much duress on the applicant since he is only a lessee of the building. Mr. Rumpf pointed out that the application did go through an intense review and that it generally conforms to code, but lighting was not checked. Ms. Hoyland pointed out that if the applicant had to go through a site plan review process, a site lighting and photometric plan would have been required. Mr. Rumpf responded that this review would have been part of the parking lot review. Ms. Hoyland had concerns regarding the late hours that these events take place and that there are safety issues. She requested that the Police Department check the lighting. Mr. Rumpf suggested getting the Police Department's input on whether the parking lot meets safety standards and perform some random checks with a light meter throughout the site. Ms. Hoyland would like this added as a condition and if it were found that the lighting was not adequate, they would be required to add some floodlights or similar lighting to meet standards. Mr. Grinter said that he has no control over what the landlord does and he has had difficulties with the landlord in getting the site improved. He was in favor of having adequate lighting, but did not think the burden should be placed upon him to provide it. Mr. Tillman suggested that by having the Police Department review the lighting and with the Planning Department doing a follow up study, this should satisfy the requirements. He was against placing any more pressure upon the applicant since he did not recall this being done to other applicants. He requested that the item move forward as presented. Mr. DeMarco inquired about the hours of operation and the age group that would be allowed to attend sporting events. Mr. Grinter said that his business license allows him to operate until 2:00 a.m. With regard to age, a ticket holder is allowed onto the premises to view the event. His primary goal is to bring professional boxing to the City, and he has the opportunity to do a number of ESPN fights and other professional events at the facility. Mr. DeMarco asked about the percentages of the activities on the premises. Mr. Grinter said that boxing would be a small percentage of his operation and the nightclub is the major portion of the operation. Sporting events would probably be held monthly.or bi-monthly. Mr. DeMarco also inquired about police presence because of the hours of operation. Mr. Grinter noted that they have been operating the business for a long period of time and have not encountered any problems. Mr. DeMarco was in favor of the athletic events, but did not like the idea of having a nightclub at the same site. Mr. Rumpf explained that in late 2000 this same scenario occurred when two prior tenants tried to open a nightclub without 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 the proper approvals. At that point, the City adopted a text amendment to allow nightclubs as a conditional use approval. At that time there were additional conditions of approval that included more Police monitoring and coordination with the applicant to make sure that there was proper security. Mr. Rumpf informed the Board that there have been no problems that he is aware of at the site, and he has not received any complaints from adjacent communities. Vice Chair Heavilin inquired about exits and noted that Condition #4 required occupancy load calculations. Mr. Rumpf responded that the fire calculation was based upon the number of doors and operating windows, as well as the size and type of doors. There are formulas that calculate how many people can exit in a certain amount of time. Motion Ms. Hoyland moved to approve the conditional use request for Club Ovation, subject to the conditions listed in Exhibit C and as listed in the staff report regarding the time limit being set for the project, plus the following condition: that the Police Department assess the lighting to ensure that it is adequate. If it is not adequate then additional lighting should be added to insure the safety of patrons. Motion seconded by Mr. Aguila. Ms. Hoyland requested to add to her motion a condition that additicmal wall mounted or pole mounted lighting be added to insure the safety of patrons. Mr. Aguila seconded the amended motion. Chairman Finkelstein inquired if this additional condition would apply before or after the inspection. Ms. Hoyland stated that it would only apply if the lighting were found to be inadequate. Mr. Grinter asserted that he has no control over whether this is done and this would make his application subject to what the landlord chooses to do. Mr. Aguila would not want this condition to jeopardize approval and noted that the applicant had no control over the landlord. Chairman Finkelstein suggested that the Board formally request that the Police Department and Code Division make an assessment of the site and leave it out of the condition of approval. Mr. Rumpf pointed out that there are codes that the City could utilize through code compliance that would be applied to the responsible party. Mr. Aguila withdrew his second of the motion. Ms. Hoyland withdrew her motion. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Motion Mr. Aguila moved to approve the conditional use, subject to staff comments. Motion seconded by Mr. Fenton. Motion carried 6-1 (Mr. DeMarco dissenting). Mr. Aguila requested that staff do a formal investigation of the lighting levels at the site and report their findings to the Board or the appropriate department. Mr. Rumpf responded that staff would use the City's best available technology to determine this and will report back to the Board. Ms. Hoyland inquired when someone applies for a conditional use approval other than the owner of the property, is the owner required to sign the application or consent to the modification. Mr. Rumpf stated that they looked at the application as being made by the tenant, and he was required to submit the lease documents. Also, the owner was notified since he is an adjacent property owner. E. Code Review.(Addressed Out of Order) Project: Agent: Location: Description: Building Height Measurement (CDRV 03-003) City Initiated Citywide Request to amend the Land Development Regulations, Chapter 1, Article I1., Definitions, "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process. Mr. Rumpf presented the item on behalf of the City. The methodology of determining the definition of "building height" in this application would require that the base measurement be from either an adjacent property or minimum flood elevation (F.E.M.A.), whichever is highest; parapet roofs would be added; rooftop elements, including screening, would be required to be designed to make it compatible with the main structure; and the height exception process would be referenced as required when the maximum height is exceeded by certain design or other ancillary elements. By utilizing drawings, Mr. Rumpf explained how the new definition would be determined compared to the current definition that is now being used to determine height. The new definition would exclude parapets of 5' or less in determining the "building height" and the height definition would be applied to buffer and retaining walls as well. This amendment will also be going before the Planning and Development Board for approval and then to the City Commission in an Ordinance. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13,2003 Staff recommends approval. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Aguila moved to approve the revised text. Motion seconded by Vice Chair Heavilin and unanimously carried. A. Land Use Amendment/Rezoning Project: Agent: Owner: Location: Description: The Arches (LUAR 03-003) Nancy C. Graham, Urban Principles, LLC Contract Purchaser- Urban Principles, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC); and Request to rezone from Central Business District (CBD) to Mixed Use-High Intensity (MU-H). For mixed-use development (commercial and residential) Mr. Hudson, Senior Planner, presented the item on behalf of staff. It was agreed that each item would be addressed separately. Chairman Finkelstein pointed out that on Page 1520 there was an error in the first sentence of "Project Analysis" and that the total acreage was 3.515, not 5.15. Mr. Hudson reviewed the adjacent land uses and stated that the adjacent use to the south was incorrect in the staff report. The land use was local retail commercial and is zoned C-3 (Community Commercial). Because this is a small- scale amendment, the City will adopt it before it is sent to DCA for approval. Staff feels that the proposed rezoning and land use amendment is consistent with the applicable Comprehensive Plan Policies and Directions. The amendment would provide the developer with greater flexibility for development and is consistent with the recommendations of the Federal Highway Corridor Plan. The proposed rezoning would be consistent with the established land use planning and would not create any isolated area within the downtown area. Staff feels that the rezoning would be compatible with the current and adjacent uses of nearby properties. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 The Palm Beach County Traffic Division has reviewed the application and noted that it meets the traffic performance standards of the County under certain conditions. The first one is the provision of an exclusive eastbound right turn lane at the intersection of Federal Highway and 1st Avenue and the provision of adequate way on the southwest quadrant of the intersection of Federal Highway and Ocean Avenue for future intersection expansion. Mr. Hudson reported that the Palm Beach County Planning Division requested an analysis of the project's impact on the year 2020 roadway system before they would grant approval. They have indicated that they will enter an objection with the Intergovernmental Comprehensive Plan Review Committee of the project until they have an opportunity to examine the impacts. Preliminary estimates indicated that the project's water flow would be at approximately 129,000 gallons per day, and the Utilities Department has indicated that they have unreserved capacity. The Palm Beach County School District determined that adequate capacity exists to accommodate the resident population. Staff concluded that the request is consistent with the intent of the Comprehensive Plan, it will not create additional impacts on the infrastructure that were not anticipated, that it will be compatible with adjacent land uses, and will contribute to the economic development of the City. Staff recommends approval with a condition that the concerns of the Palm Beach County Planning Division regarding the 2020 roadway system are addressed prior to final adoption. Mr. Fenton inquired what the road system had to do with the change to mixed- use high, and Mr. Hudson explained that this would increase traffic on the roadway system because the density is being increased. Mr. Hudson read the letter that he received from the Palm Beach County Planning Division stating that the County has a long-term planning project called "2020" to expand the highway network by the year 2020. Nancy Graham, agent for Boynton Ventures 1, LLC, which is also the applicant, stated for clarification that the agenda lists Urban Principles as the owner, which is not correct. Boynton Ventures is, in fact, the owner. Ms. Graham pointed out that they have been working on this project for over one year and are excited to be in. Boynton Beach. Ms. Graham introduced the other partners of Boynton Ventures. Ms. Graham noted that she was surprised to receive the letter mentioned by Mr. Hudson. She felt it was contradictory since they have already received traffic concurrency approval from the County. Ms. Graham noted that their traffic engineer is clarifying the issue with the County and she does not anticipate any problems. She also pointed out that when they first received the traffic 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 concurrency approval letter from the County it had two conditions, which were pointed out by Mr. Hudson. Subsequently, those conditions were removed and the latest letter received from the County dated May 7, 2003 contains no conditions. A copy of the letter was presented to the Recording Secretary to be placed on file in the City Clerk's Office. Chairman Finkelstein opened the public hearing. Harvey Oyer, 512 N. Seacrest Boulevard, Boynton Beach, owns the property directly across the street from the project site. Mr. Oyer spoke about a recent court decision in another County in Flodda dealing with building height. Chairman Finkelstein informed Mr. Oyer that this item has nothing to do with height and height should be addressed at time of site plan approval. Mr. Hutchinson responded that the case Mr. Oyer was referring to does not apply to Boynton Beach and has been looked at by the legal staff of the City. Since no one else wished to speak, the public hearing was closed. Motion Vice Chair Heavilin moved to approve the request for future land use amendment from mixed use to mixed use-core and rezone from CBD Central Business District to MU-H Mixed Use High Intensity, subject to the condition, if applicable, that Palm Beach County Planning must review the road impact prior to adoption. Motion seconded by Mr. Tillman and unanimously carried. B. Abandonment Project: Agent: Owner: Location: Description: The Arches (ABAN 03-002) Nancy C. Graham, Urban Principles, LLC Contractor Purchaser- Urban Principles, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Request abandonment of a portion of that certain 20 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON Maxime Ducoste-Amedee, Planner presented the item. The property to be abandoned is a portion of the 20-foot wide alley located between South Federal Highway and SE 4~h Street. The abandonment will allow for consolidation of the property and to facilitate the development of the project known as The Arches. The abandoned area will be used for the public plaza. All existing infrastructure 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 will be relocated to the perimeter of the project along SE 1st Avenue and a 12' utility easement will be rededicated to BellSouth. All property owners abutting the property to be abandoned were notified, as well as all utility companies. The public utility companies and Adelphia Cable consented to the abandonment. The one issue that concerns staff is that the property does not have sufficient frontage and access. This has been discussed at length with the applicant and they have come up with a solution, which the applicant will address. If these issues were resolved, staff would feel comfortable to recommend approval of the abandonment, subject to staff comments as contained in Exhibit E. Ms. Graham noted that the adjoining properties on the south side, which are owned by Bob Katz, would have access to the parking lot of Mr. Katz's apartments. Ms. Graham met with Bill Morris, who is the contract purchaser of Mr. Katz's property, and he indicated that they had no problem with the abandonment and were willing to sign a joint consent to the abandonment. Mr. Morris told her that they would be coming forward with their site plans by the third quarter of this year for the remainder of the land. At that time they would ask for an abandonment for the remainder of the alley. Ms. Graham anticipated that the reciprocal consent would be signed by the time they go before the Commission next week and the issue would be resolved before they applied for a building permit, which is a condition of approval. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Chairman Finkelstein confirmed with Mr. Ducoste-Amedee that Mr. Katz was notified of the abandonment. Mr. Ducoste-Amedee pointed out that the consent agreement itself would not resolve the zoning aspect created by the abandonment of the adjacent property and a non-conforming issue was possible. It was pointed out that Mr. Katz owned both sides of the alley. Ms. Graham responded that a City department informed her that she would have to obtain the consent of the property owner next to their property. She brought this issue up with the City Attorney, who informed her that this would not be a condition of approval to require the reciprocal consent because this would cause this Board and the City Commission to lose its discretionary powers to require a consent. Ms. Graham requested that obtaining a reciprocal consent not be a condition of approval since the City Attorney informed her that this would not be legal. Chairman Finkelstein asked staff if the Board would have any liability by creating a non-conformity. Mr. Rumpf said that this situation should be avoided and that is why there are so many conditions of approval that address the non-conformity. Mr. Rumpf felt it would be resolved through one of these options. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13,2003 Ms. Hoyland noted that the staff report indicated that the apartment complex would not have any frontage. Mr. Rumpf responded that this is the whole issue. Ms. Hoyland attributed this to creating a flag lot. Chairman Finkelstein inquired if any of the neighbors filed any objections to the abandonment and Mr. Rumpf stated that none were received. Motion Mr. Fenton moved to accept staffs recommendation to abandon a portion of the 20-foot wide alley as described on page 1524 of the agenda, with conditions, lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, Original Town of Boynton. Motion seconded by Mr. Aguila and unanimously carried. C, New Site Plan Project: Agent: Owner: Location: Description: The Arches (NWSP 03-002) Nancy C. Graham, Urban Principles, LLC. Contract Purchaser- Urban Principles, LLC Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1 Request site plan approval for a Mixed-Use development consisting of 276 apartment units, 31,630 square feet of retail, and 12,870 square feet of offices located on 3.515 acres. Eric Johnson, Planner, presented the item. The project is a mixed-use project that includes residential multi-family, a parking garage, office and retail uses and restaurants. The site is comprised of 3.515 acres and the project will contain the following: · 276 multi-familyapartment units o 81 one bedroom units o 195 two and three bedroom units · 24,296 square feet of commercial area · 18,169 square feet of office area · 12,699 square feet of restaurant area · 3 separate-buildings ranging from 3 to 10 stories in height Approval of the site plan is contingent upon the approval of the land use/rezoning and the abandonment. Mr. Johnson explained that a traffic study was submitted to the City and furnished to the County. The County responded on January 6th and Mr. Johnson read the County's comments into the record. For the general, commercial component of the project, the passerby rate use should be 43.8%. The proposed 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13,2003 project is expected to generate 91 p.m. peak hour southbound u-turns on Federal Highway. This could create traffic and safety problems and needs to be evaluated. As a potential solution, the County suggested diversion of the outgoing project traffic to Ocean Avenue via 4th Street. Another traffic statement was received from the County and the traffic statement was revised. Mr. Johnson explained that the project does meet the traffic performance standards of Palm Beach County and the City received a letter from the County on March 24~h that states: "Based upon our review, the Traffic Division has determined that the project meets the traffic performance standards of Palm Beach County." No recommendations were given in the letter and staff is using this letter as its foundation for determining that the project meets concurrency requirements. He noted, however, in the condition of approval, the traffic study and the uses do not match 100%, but staff considers these discrepancies minor and can be resolved at the time of permitting. For the record, Palm Beach County Traffic Division approved the project for traffic concurrency. The Engineering Division reviewed the drainage plans and found them to be adequate. However, more detailed drainage information will be required at the time of permit review. With regard to the parking garage, there will be two points of ingress and egress, as well as the surface parking lot. The project meets all parking requirements. · The project proposes 276 apartment units that would require 512 parking spaces. · The project proposes 12,699 square feet of restaurant area. Restaurant parking is either based upon (a) square footage, or (b) number of seats. Since the number of seats is not known at this time, the parking requirements are being based on the gross square footage of the restaurant. · The office and retail uses are also taken into consideration when parking is being determined. · The project would, therefore, require 819 parking spaces. However, in the mixed-use high zoning district, there is a provision that an applicant may utilize the Urban Land Institute's Shared Parking Table as a methodology for determining parking. Based upon the proposed uses and building intensities, the project is required to provide 750 parking spaces. The project will be providing a total of 753 off-street parking spaces that would be in the garage or in the off-street parking area. If at some time the project grows and more parking is needed, the property owners have the ability to provide a fee-in-lieu of parking. If this did occur, this 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13,2003 would come before the CRA and the City Commission for approval. Currently, this cost is $1,000 per space. Therefore, the project meets the parking requirements. · The project will have 32 on-street parking spaces along Ocean Avenue, SE 4th Street, and SE 2nd Avenue, but parking will not be permitted along SE 1st Avenue. These spaces are non-restricted, open to the public, and are above and beyond the required parking. · There will, however, be a valet area on SE 1st Avenue. · The MU-H Zoning District requires 15% open area and the project will have 0.94 acres of "Eco-Stone", which is a pervious material that permits water to drain through. · The actual landscaped areas are comprised of 9,528 square feet. · There will be an open deck on top of the parking garage that will contain the recreation facilities of the project. The amenities will consist of a pool, cabana and trees, which staff fully endorses. · The first building will be five stories (building A); the second building would be three stories (Building B); the third building is 10 stories (Building C); the fourth building is 8 stories (Building D); and the parking garage building (Building E) will have eight levels with the ninth story being the recreational facility and is considered a multi-use facility. · The outdoor lighting fixtures will match the City's fixtures along Ocean Avenue. The interior poles will be black. There was no signage submitted because it is too eady to determine who the tenants would be. Staff is recommending that a sign program be submitted to the City to ensure that there would be sustained continuity throughout the life of the project that would have to be approved by the CRA and the City Commission. There are 48 conditions of approval and staff is recommending approval of the site plan contingent upon those conditions. Nancy Graham, on behalf of Boynton Ventures 1, L.L.C, gave a history of the project. They had many meetings with staff, and she thanked staff for their responsiveness and knowledge. During these meetings they were able to determine what the City was looking for in developing the downtown area. She realized that the City wanted to focus on architecture, character, place making and providing public spaces. They tried to avoid placing the height and density of the project up to Ocean Avenue and Federal Highway, which they accomplished through layering. Various artists' renderings of the project were presented. Ms. Graham pointed out that on Ocean Avenue and Federal Highway they placed a three-story building so that the project would be consistent with the surrounding buildings. There would be office space on the second and third floors of this building with retail and a restaurant on the ground floor. Heading west on Ocean Avenue there are a series of arches that provide the connection for the pedestrians to and from Ocean Avenue. There is a walkover 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 from this area to the five-story building. The architecture on the ground floor is "Main Street" architecture that would also be retail space. Each storefront will be unique with residential units on the top floors. There is also a courtyard for this building that will contain landscaping and a fountain. The one-quarter of an acre plaza is dedicated to the public, will always be open to the public, and will be maintained by the developer and condo association. The plaza will also have a fountain, which has yet to be designed. There is much more landscaping than required in the plaza that includes Date Palms. Residents of the five-story and ten-story buildings will be able to enter their buildings from Ocean Avenue, the plaza and 2nd Avenue. Ms. Graham pointed out that the project is in compliance with all height restrictions. The 10-story building is the tallest building and is primarily residential. The building has been placed in an east-west direction so that there is minimal frontage on Federal Highway. The way the project is designed a person could walk entirely through the project through a series of arches and pedestrian walkways. Ms. Graham pointed out that the architecture itself is classic with symmetry and balance and noted that there will be areas of valet parking throughout the project. She pointed out that the parking lot would not be striped. The separation of the parking spaces would be done by utilizing different color pavers to create a garden/courtyard effect. There is also a drop off area within the parking lot. In summation, Ms. Graham pointed out that they tried to put a great deal of sensitivity into the architecture and the setbacks and have scaled the density. They will be using high quality building materials that would include brick facades, cornices, and arcades. The project has been designed in a way that it does not appear to be one solid building, but a variety of buildings. The project will be festive with plantings and flowers in colored pots. The project has been designed to create an urban sense of place. Ms. Graham discussed "place making" which is creating a place that has a special identity. Ms. Graham pointed out that they have asked for no preferential treatment, variances or exceptions. She mentioned that they may have to come back to the Board for an additional 20 parking spaces, but at this time she was not certain of this. Ms. Graham confirmed that they agreed with all conditions of approval. Chairman Finkelstein opened the public hearing. Harvey Oyer, 512 N. Seacrest Boulevard, Boynton Beach, owns property directly across the street from the project and is opposed to the site plan as presented. He stated that in accordance with Visions 20/20 the Ocean Avenue area was to have more of a historical look with small shops and offices. The "500 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Building" was built in 1915 and is probably the oldest commercial building in Boynton Beach, and he would like to see this building preserved. Mr. Oyer did not think that this project was in the best interests of Boynton Beach. Bill Cwynar, 2701 SW 8th Street, Boynton Beach, has lived in Boynton Beach since 1974. He is the Vice Chairman of the Planning and Development Board and stated that this is an exciting time for the City, since it has been looking for a downtown for many years. He felt that Ms. Graham has had a great track record, and he did not see any problems with the project. He would like to make sure that there would be sufficient parking in the downtown area and was in favor of the project moving forward. Christine Francois, 115 S, Federal Highway, Boynton Beach, owner of the Dolphin Restaurant, said that she and Ms. Graham have been working on this project for over a year and a half. Ms. Francois has lived here for a long time and loves the City and would like the City to move forward. With regard to Mr. Oyer's comment regarding the "500 Building," she felt it was obsolete and could not be refurbished economically. She has spoken to many people who are glad to see this project come to the City and felt it would be a great improvement to the downtown area. John Marquez, 515 E. Ocean Avenue, Boynton Beach is a businessman on Ocean Avenue. He felt it was important to have a variety of retail in the downtown area and that the merchants who are already established in the City should be given an opportunity to purchase property. He had a business in the Boynton Beach Mall for 15 years and instead of renewing his lease, he decided to relocate to the downtown area. He congratulated the CRA and the City for doing a good job. Since no one else wished to speak, the public hearing was closed. Ms. Graham pointed out that the project is geared towards the local and regional merchants, and they plan to offer the office space for sale. Mr. Aguila inquired if the applicant had to come back to apply for the fee-in-lieu of parking would the fee be based at the time of site plan approval or at the time the application is made. Mr. Johnson said that it would be based upon what the fee would be at that time. Staff felt that it would be appropriate for the applicant to apply for the fee-inqieu of when it is needed. Mr. Aguila felt that the project was first-rate and he was very pleased to see it happen. He asked how the parking situation would work. Ms. Graham said that this would be done through wayflnding signage, which they intend to bring back to the Board. They want to keep it simple so that people can figure out how to get to the parking. She pointed out that the parking would be free and should be easily accessible, plus there is the availability of valet parking. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Mr. Aguila asked Mr. Graham to review their trash removal and delivery arrangements for loading and unloading from the restaurants and retail spaces and would this interfere with pedestrian and traffic flow. Ms. Graham pointed out that where the three-story building is located there is an area for trash for the restaurants and there will be a curb cut for the sanitation vehicles to pick up the trash. There will be a door that will hide this area from the public and there is an additional trash area in the parking garage. They also met with the City's sanitation department to insure that the space was adequate for pickup and that there was enough room for the trucks to tum around. There are trash collection facilities in the 10-story building in the form of a trash shoot. Ms. Graham explained that the reason that they did not put parking along SE 1st Avenue was to provide space for delivery trucks. Also, delivery trucks could pull into the valet area when making deliveries since this is where the loading elevators are located. Ms. Graham pointed out that the arches are high enough in the second block that a delivery truck could enter for deliveries. She said that she would have the shoots marked and take a further look at the trash collection system. Mr. Aguila did not think that the sidewalk from Federal Highway to the building line was wide enough. Ms. Graham said that originally their plans had the building set back further, but staff asked that the buildings be moved closer to the sidewalk. Mr. Aguila would like to see a nice pedestrian area and felt that the sidewalk was too tight. Mr. Johnson pointed out that staff asked the applicant to move the building forward on SE 1st Avenue. Mr. Johnson pointed out that the front setback could actually be "0." Ms. Hoyland inquired about the building elevations of the 5-story building on Ocean Avenue and the 10-story building facing west. Ms. Graham said that there actually is no elevation because they have been working with Mr. Katz who will be developing his property. Therefore, there are no architectural elements because there would be two walls facing each other. Ms. Hoyland felt that this raised a lot of concern because there have been no proposals submitted by Mr. Katz. Ms. Hoyland pointed out that if Mr. Katz never developed this property, it would leave a bare wall. Ms. Graham said that they would like to have windows and architectural elements on those elevations, but since there would be no view it was not feasible. If Mr. Katz's project never came to fruition they could do something that would make their units more valuable. Ms. Graham did state that the walls would not be totally blank because the roof top articulation would be visible. Ms. Hoyland inquired if an engineer and arborist looked at the feasibility of the pool deck. Ms. Graham said they have not, but said that it was common practice to have these types of setups in urban areas. Ms. Hoyland would like to see more landscaping on the deck. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Ms. Hoyland inquired about the width of the sidewalk along Federal Highway and was informed it was approximately 8' to 10' wide. Ms. Graham noted that there are, in fact, two materials used for the sidewalk. There is an existing paver strip that was put in by the FDOT and then the remainder of the concrete sidewalk. Ms. Hoyland inquired if the tree planters would interfere with the walkway along SE 1st Avenue. Mr. Aguila noted that there were tree grates in the walkway that were appreximately 4'. The landscape architect for the project responded to Ms. Hoyland and stated that the tree grates are ADA accessible and there should be approximately 7' to 8' between the trees and the building. Ms. Hoyland also noted that the awnings on the three-story buildings encreached into the right-of-way at several locations. She also thought that the placement of the palm trees might conflict with the awnings. Ms. Hoyland would like to see the location of the awnings on the site plan so that staff could review them. Ms. Graham said that they would look into this and should have an answer by the time they appear before the City Commission. Also, Ms. Graham was amenable to signing any type of hold harmless agreement, if in fact, the awnings did encreach into the right-of-way. Mr. Johnson pointed out that there is no landscaping on the corner because the Engineering Division wanted to ensure that the safe-site triangles were maintained. Mr. Johnson reported that the setbacks along Federal Highway could be increased to 10' in order to widen the sidewalk. Mr. Aguila would like to see the sidewalks moved back along Federal Highway at least 5' without jeopardizing the project. Ms. Graham said that they would look into this. Ms. Hoyland inquired if the retail spaces would be condos as well. Ms. Graham said that this has not yet been determined. Ms. Graham stated that most retail businesses prefer to lease rather than purchase their space. Ms. Hoyland inquired what landscaping would go into the planter boxes on the west side and was informed it was bougainvillea and that they would be irrigated. Ms. Hoyland asked why a Unity of Title would be required instead of a plat. Mr. Johnson stated that because multiple lots were involved, in order to do a development of this scale, a Unity of Title would be required. Mr. Johnson said that if a replat were required, the Engineering Division would have asked for it. Mr. DeMarco said that he was very impressed with the project and was pleased to see it come to Boynton Beach. He thought that there was a discrepancy in the colors of the paint and the colors when they were first presented appeared lighter. Ms. Graham responded that they would be working with staff on the paint colors. Mr. Fenton asked the applicant if they agreed with the 48 conditions of approval and she stated that they did. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Vice Chair Heavilin thanked Ms. Graham for bringing the project to Boynton Beach and appreciated the Eco-Stone pavers. She would like to see this a requirement at sometime throughout the City. Mr. Tillman noted that Boynton Beach has been waiting for a long time for a project of this type to come about and he supports it one hundred percent. He thanked Ms. Graham and her partners for bringing the project forward. Chairman Finkelstein pointed out the minor typographical error in condition fl43. Chairman Finkelstein inquired if submittal of the paint colors and chips was part of the site plan application. Mr. Johnson said that it is a requirement that a color rendering be provided along with the manufacturer's name and color code. It is not a requirement that colored chips be provided, but staff felt that because of the size of the project, the colors could be dealt with at the time of permitting. Ms. Graham added that if the project deviates from the renderings, it would have to come back to the Board. Chairman Finkelstein referred to staff comment #46 that dealt with this subject. Motion Ms. Hoyland moved to approve the site plan for The Arches at Boynton Beach, subject to the conditions listed in Exhibit C of the staff report and the following additional conditions: 1. That staff work with the applicant to insure that the awnings and landscaping do not conflict. 2. That staff work with the applicant to insure that any and all awnings that may or may not encroach into the adjacent rights-of-way have the proper permits and agreements. 3. That bougainvillea plants are utilized within the planter boxes on the west elevation of the parking garage and that these boxes are irrigated. 4. In the event that the adjacent property does not get developed, the applicant will provide staff with an alternative for the west elevation of buildings A and C which accommodates faux treatments, such as windows, closed or open shutters, tiles, gdlle work, banding, but not limited to those. 5. That staff work with the applicant to fine-tune the location and method of refuse collection. 6. That the applicant will come back to the CRA Board as a courtesy with the color proposal. Motion seconded by Vice Chair Heavilin. Chairman Finkelstein felt that a timeframe should be set for the additional condition regarding the western elevations for buildings A and C. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Ms. Graham agreed with the additional conditions listed by Ms. Hoyland, except condition 4 because this was not in her control. She would like to avoid the added expense of adding the additional decoration if it would be facing a blank wall. Mr. Tillman felt that this additional condition #4 was not necessary and that it would place an undue burden on the applicant. He noted that there was a previous project that this Board added additional conditions to and later the City Commission struck those additional conditions down. Mr. Greene pointed out that sometimes a blank wall is not necessarily a negative and provides a great mural canvas for the future. He noted that anything placed on the western walls would be hidden by the new development. He felt it was not feasible to ask the developer to do something that would eventually be covered up. Vice Chair Heavilin withdrew her second of the motion. Since there was no second, the motion died. Motion Mr. Aguila moved to approve the site plan for The Arches at Boynton Beach, subject to the conditions listed in Exhibit C of the staff report and the following additional conditions: 1. That staff work with the applicant to insure that the awnings and landscaping do not conflict. 2. That staff work with the applicant to insure that any and all awnings that may or may not encroach into the adjacent rights-of-way have the proper permits and agreements. 3. That bougainvillea plants are utilized within the planter boxes on the west elevation of the parking garage and that these boxes are irrigated. 4. That staff work with the applicant to fine-tune the location and method of refuse collection. 5. That the applicant will come back to the CRA Board as a courtesy with the color.proposal. Motion seconded by Mr. Tillman. Ms. Graham agreed with these additional conditions. Vote The motion carried 7-0. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2003 Vice Chair Heavilin announced that a representative would be coming to meet with the Chamber of Commerce on Monday and Tuesday of next week to discuss Main Street Program and if anyone was interested in attending, they should contact her. Chairman Finkelstein suggested that the remainder of the agenda be deferred to the meeting on May 15. Motion Mr. Tiliman moved to continue the meeting to Thursday, May 15, 2003. Motion seconded by Vice Chair Heavilin and unanimously carried. Adjournment There being no further business, the meeting propedy adjourned at 9:55 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (May 14, 2003) 21