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Minutes 04-12-05MZNUTES OF THE REGULAR MEETZNG OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMZSSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 12, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair ]ames Baretta Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney I. Call to Order Chairperson Heavilin called the meeting to order at 6:3:L p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda Motion Mr. DeMarco moved to approve the agenda. unanimously carried. IV. Motion seconded by Mr. Myott and Consent Agenda A. Approval of Minutes, February :~9th & 20th, 2005 Retreat, March 17th, 2005 and March 23, 2005 meetings. Attorney Spillias pulled Item IV. A. from the Consent Agenda for discussion that was moved to Item VIII. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12~ 2005 B. Financial Report. C. Consideration of Final Direct ~[ncentive Agreement for the Promenade of Boynton. D. Consideration of Tnterlocal Agreement between the City of Boynton Beach and the CRA for the Demolition of Boynton Terrace Apartments. Mr. Hutchinson pulled Item IV. D. from the Consent Agenda for discussion. E. Consideration of Facade Grant Extension for Delray-Boynton Academy. F. Consideration of the Facade Grant Reimbursement of Salefish Reality Inc. for $9,226.77. Consideration to Purchase a Ten (10) Foot Utility Easement from the L & F Reality Corporation for the location of underground FPL utilities for the Boynton Beach Blvd retention project. H. Consideration of Self Assembly Grant for the ("SEBOF") Group, South Eastern Block of Ocean and Federal. Mr. Fenton pulled :Item TV. H. from the Consent Agenda for discussion. Consideration of Purchase of Properties in the MLK Redevelopment Area. Motion Mr. Fenton moved for approval of the Consent Agenda, as amended. seconded by Mr. Myott and unanimously carried. Motion Consideration of Interlocal Agreement between the City of Boynton Beach and the CRA for the Demolition of Boynton Terrace Apartments. Mr. Hutchinson asked Legal Counsel to explain one of the issues that staff needs Board direction. Attorney Spillas stated he drafted an Interlocal Agreement for the demolition, and sent it to the City. The City's Attorney sent it back with some provisions. He did not have a problem with most of them. One provision that he could not agree to give was a request that there be included in the agreement an indemnification provision running from the CRA to the City. He put in an 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 indemnification provision running from the City to the CRA, since the City is the entity that handles contracts and will oversee the demolition. They asked for a similar indemnification with regard to holding the CRA harmless, particularly with regard to the terms and conditions of the lien. Mr. Spillas told the Board, as they would recall, one of the conditions was they have a lien and that lien be paramount to the existing City liens on the property. They cannot get a lien themselves since the City is doing the work, so the City will place a lien on the property and immediately assign the lien to the CRA. Mr. Spillas checked the minutes to confirm the motion made on this matter, and the motion, as he read it, was made that they would grant the $350,000, but there would be absolutely no other obligation, cost or potential expense to the CRA. Mr. Spillias felt that in light of the official action taken by the Board, he did not think he could recommend a contract with that language. IVlr. Spillias read the language that the City asked to be included which stated: "Without waiver of limitation as per Section 768.285 of the Florida Statutes, and to the extent permitted by law, the CRA agrees to indemnify, defend and hold the City harmless from any claims, losses, demands, causes of action or liability, whatsoever kind or nature that the City, its Agents or Employees may or could incur as a result of or emanating out of the terms and conditions contained in the lien or incurred as a result of any claim, demand, or cause of action to either foreclose the CRA's interest in the lien or to defend the lien against any party challenging the validity or enforceability of the lien." Quintus Greene, Development Director, addressed the Board, and concurred with IVlr. Spillias that only the City can place liens against the private property and that the CRA does not have that authority. Therefore, the City would lien the property and then transfer its lien to the CRA and subordinate its other liens on the property to that lien. He stated there was the Interlocal Agreement and then a Subordination Agreement. The issue did arise as to who defends whom, and from the City's standpoint and in speaking with the City Attorney, and the City IVlanager, he has been authorized to say the City will also defend the CRA against any challenges to its liens. However, the City will recoup the cost of any defense from the proceeds of any lien foreclosure. He stated if those terms were acceptable to the CRA, they could move the issue along. IVlr. Fenton questioned how many millions of dollars worth of bonds were out there, and IVlr. Greene said approximately 4 million. Mr. Spillias stated they were in agreement with everything else in the contract, and if what Mr. Greene has suggested is acceptable to the Board, the motion would be to accept that proposal by the City and direct him to go back and 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 finalize the contract with the City. Tt would then go to City Commission before coming back to the CRA Board Meeting. Motion Mr. Barretta moved the authorization be that upon final approval of language by the Executive Director and the Attorney, the Chairman of the Board would then be authorized to sign the contract for the Board. Notion seconded by Ms. Horenburger and carried 6-1 (~lr. Fenton dissenting). Consideration of Self-Assembly Grant for the ("SEBOF'~ Group, South Eastern Block of Ocean and Federal. Mr. Fenton stated he read the binder and the number of people who signed versus those who did not sign were a minority. There was 1.74:[ acres, which was controlled by the people who have signed the self-assembly process, and those who did not sign controlled 2.8 acres. He saw no reason to approve, since the majority of the property owners did not sign on for the project. Doug Hutchinson pointed out that since the packets were sent out to them ahead of time, the information they received does not include the additional signatures they have gotten to date. The regulations for the grant state you need to be :[.7 acres or bigger in that type of zoning area, and they definitely have the additional signatures. He stated the signatures are currently being compiled and he believed there was a majority now. The property owners who do not want to participate, will not be put on the list. He informed the Board there were some property owners present at the meeting. Mark Rothenberg, Siemon & Larsen Law Firm, addressed the Board and stated they presently had eighteen out of twenty-five signatures, and they anticipated obtaining another two. They have not gotten any noticeable opposition from anyone in the neighborhood, but they have a large bulk of the property owners present at the meeting, who care about the project. Motion Ms. Horenburger moved to approve the consideration of Self Assembly Grant for the ("SEBOF'~ Group, South Eastern Block of Ocean and Federal. Motion seconded by Mr. IVlyott and unanimously carried. V. Public Audience None 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Legal A. Consideration of the presumption of prejudice in quasi-judicial hearings arising from ex parte communications. Attorney Spillias stated the reason he submitted the resolution, and suggested they put it is writing is because under Florida case law, it is declared that since you are sitting in a quasi-judicial capacity, any contacts outside the meeting are presumably prejudicial. The Florida legislature rebutted that decision because it was felt that it would put a chill on people petitioning or discussing with appointed or elected officials who sit in that capacity. The passed legislation said if the public body passes a resolution outlining the procedure for disclosing the ex parte communications, indicating whom you spoke with, there is no longer a presumptuous prejudice. He stated the meaning of this at the CRA meetings is not significant, but if there is a challenge to a decision of the City Commission or decision of the Board or two Boards together, when it gets to court, there is a significant impact on who has the burden of proving prejudice or non-prejudice. Motion Mr. Tillman moved to support the resolution supported by legal staff. seconded by Hr. Barretta and unanimously carried. Motion VTT. Public Hearing Attorney Spillas administered the oath to all persons who would be testifying. Attorney Spillas asked if any members of the Board had any ex parte communications they wished to disclose, they were now required to do so, regarding any of the items under the Public Hearing section. Hr. Barretta informed the Board he had discussions with Bradley Hiller regarding Boynton Beach Lofts project. Hr. Steve Myott stated he had discussions with Bradley Hiller and Hichael Weiner. Hr. DeMarco had discussions with Bradley Miller. Chair Heavilin stated they would do both the New Site Plan and the Height Exception for Boynton Beach Lofts simultaneously. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Motion Ms. Horenburger moved to remove the items from the table. by Vice Chair Tillman and unanimously carried. Motion seconded Old Business A. New Site Plan (Tabled to April 12, 2005) 1. Project: Boynton Beach Lofts (NWSP 05-008) (Tabled to April 12, 2005) Agent: Owner: Location: Description: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia / Boynton Motel LLC 623 South Federal Highway Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21 acre parcel in a MU-L zoning district. B. Height Exception (Tabled to April 12, 2005) 1. Project: Boynton Beach Lofts (HTEX 05-001) (Tabled to April 12, 20051 Agent: Owner: Location: Description: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Mr. Louis F. Mascia / Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet-two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator / stair tower to be 78 feet- two (2) inches in height, a distance of three (3) feet-two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. Eric Johnson, Planner, reminded the Board they requested the land use amendment re-zoning change to go from local retail commercial land use to mixed use land use and from community commercial zoning to mixed use Iow Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 zoning. He stated no Commission action had been taken on either of the requests. The subject property is located on the West side of Federal Highway and the site plan is for 13,354 square feet of office, 5,364 square feet of retail and 48 condominium units. The project will require approval of a corresponding height exception of three (3) feet-two (2) inches. The proposal is to construct a single mixed-use building consisting of two towers with an interior-parking garage. Staff reviewed the proposed project for compliance with the Land Development Regulations and also the concurrency requirements. Mr. Johnson stated the Palm Beach County Traffic Division determined the residential portion of the mixed-use development is located within the coastal residential exception area of Palm Beach County, and the non-residential portion meets the performance standards of Palm Beach County. There is a build out date of 2008 and the project would have to be complete before the expiration of that date. The Utilities Department reviewed the site plan and found there would be adequate capacity to serve the project. Police and Fire staff determined that current-staffing levels would be sufficient to meet the expected demand for services. The Engineering Division reviewed the proposed civil drawings and determined the conceptual drainage information was okay; however more specific drainage solutions would be sought at the time of permitting. The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists. There would be two points of ingress and one point of egress. Cars would move from Federal Highway into the interior of the project and only be allowed to exit onto SE 4th Street. The parking, under normal scenarios, would require 156 parking spaces. The project would only provide 119 parking spaces, but with the mixed uses, the applicant can take advantage of the Urban Land :Institutes' shared parking methodology to determine what would be the required parking and using that method, 116 parking spaces would be required. Mr. Johnson pointed out there would be trees and shrubs located throughout the entire project. The reason for the height exception request of three (3) feet-two (2) inches was because a portion of an elevator shalt or stair well would exceed the 75' height requirement. Mr. Johnson stated staff had reviewed the project for compliance and determined the project does comply with the MU-L. Staff had 56 conditions of approval. Tn an effort to reduce the number of conditions of approval, the applicant submitted revised drawings. However due to time constraints, staff had only reviewed the proposed elevations which were submitted to the Board Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 and out of the 56 conditions of approval, staff determined the following had been satisfied: · No. 42 - At the time of permitting, revise the Massing Model and other applicable sheets to accurately show the roofline of the proposed building. · No. 43 - At the time of permitting revise the Massing Model or elevations to indicate building stepback compliance of the IvlU-L zoning district when structures are above the 45-foot threshold. · No. 55 - Staff recommends utilizing aluminum framework inside the "window" openings of the parking garage in order to enhance their appearance. Mr. Johnson stated, out of the remaining conditions of approval, staff was able to review the landscape plans. The Board did not have the revised landscape plans because they are still with staff, but the following could be eliminated because the applicant has submitted plans that meet the intent of their recommendation: · No. 52 - Staff recommends increasing the size of the new Sabal palm tree clusters proposed at the southeast, southwest, and northeast corner at varying heights between 20 feet and 28 overall feet. · No. 53 - Staff recommends installing 14-foot to 16-foot tall Montgomery or Alexander palm trees within the west landscape buffer (in the planter areas) proposed between the doorways and the breaks in the window. · No. 54 -Staff recommends installing more brick-pavers within the front plazas in order to increase the size of pedestrian / public gathering space, thereby meeting the intent of the IvlU-L zoning district. ~[n any case, staff determined that there would still be enough room to install two (2) additional Foxtail palm trees within this plaza along Federal Highway. The Foxtail palm trees should be installed at a height of 18 feet to 20 feet. Mr. Johnson referred to No. 56, which states staff recommends adding more architectural elements and accents to all facades to enhance the overall appearance of the building, and said staff wanted to add that the molding should be extended around the entire perimeter of the building. Staff is recommending approval of the requested Site Plan, and the Height Exception with the changes recommended above. Mr. Baretta questioned when staff received the revised drawings and Mr. Johnson informed the Board the revised drawings were submitted on April 5, 2005. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Mr. Michael Weiner was present on behalf of applicant. He pointed out the conditions of approval are satisfied after they receive recommendation from the Board and then go forward to the City Commission. They have satisfied all the controversial recommendations except one, which is going to stay to give them assurances of the fact that the landscape plan is going to be exactly up to code. He also stated they agree with No 56. Bradley Miller, Miller Land Planning Consultants Tnc., stated he was representing the applicant. He showed the Board the plans for the project on a PowerPoint presentation. He reiterated that they have satisfied staff's conditions of approval numbers 42, 43, 52, 53 and 55. Tn addition, staff asked them to provide some of the foxtail palms, and they have ten foxtail palms along the frontage of Federal Highway. Both the paver area and the landscape criteria along the frontage have been addressed in their revised plans. Chairperson Heavilin opened the public hearing. Violet Palladino, 500 South Federal Highway, was curious how far the setback was from the highway, and if the 16 and 14 loot palm trees were going to be along the front of it. Mr. Miller stated the nearest location along the east side for setbacks is more than eight feet and the deepest part is 23 feet to the building. Tn addition to the shrub material, there will be ten foxtail palms along the frontage of the building. Mary Law, 625 South Federal Highway, stated she resides next to the project. She lived at that location for 30 years and had several concerns regarding the project. She felt a study about how the property's drainage will impact the surrounding area had not been presented to the City. She was also concerned about the parking, since the project needs at least 156 parking places and the developer only designed for 119 spaces. The developer planned to locate an electrical transformer at the southeast corner of the property; she did not feel they were safe. She also stated the developer had not mentioned how he was going to protect the adjacent property owners and their properties from the danger, dust and noise during construction. Roberta Tomberg, 509 SE 6th Ave, stated the property owners from the north commencing at SE 5th Avenue, to the south to Washington Mutual Bank, have agreed to meet to discuss self-assemblage. She wanted to request the Boynton Lofts join them, and hoped the matter would be tabled until they can meet. Since no one else wished to speak, the public hearing was closed. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Mr. Miller addressed the drainage question, and stated the way the building is designed everything is self-contained. There is a gutter system built into the building that goes into a drainage system that is part of the lower level of the building. As part of their application, there is a preliminary drainage review, which they have complied with. As they proceed with the process, they will have additional permits and detailed drainage information. Regarding parking, the Code does allow them to use the Urban Land institute shared parking method, which they have complied with. The transformers are Florida Power and Light pads, which are required to provide electrical power to the building, and as far as he understands they have to be located there. Mr. Barretta still had concerns about the garage elevation. He passed out a part of the urban design guidelines to the Board. He read a portion of it that said: "in no cases shall blank walls including parking garages, exist along any building elevation that exceeds 10 feet vertically and 20 feet horizontally". He stated it listed 13 ways to treat garage walls, and at least three of the elements must be incorporated into the design. Mr. Barretta felt the design incorporated none of the 13 elements. Additionally, neighbors to the north, south and west asked the project be included in the self-assemblage and he suggested the Board deny the project on the merits of the parking garage or table it so they could have discussions with the neighbors. Chair Heavilin did not think they could table based on discussions, if they want to go ahead with self-assemblage, they could come back with a modified site plan. Mr. Barretta stated the project owners have addressed the concerns staff made, and several members of the Board had indicated at two other public forums, they have strong reservations with the design of the building and none of that has been addressed. Mr. Weiner said the Urban Design Guidelines indicate blank walls, and they do not have blank walls - they have columns and openings. Staff realized the guidelines did not apply and suggested they make the blanks look more like windows. Mr. Barretta felt it was indeed a blank wall and what was done to treat the blank wall was to put openings in the parking garage. Because there are openings, does not change the characteristic that they are blank walls. lO Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Ns. Horenburger asked what was the distance from the property line to the garage wall. She did not think they should be going with Urban Land Institute's standards regarding the parking. She was also concerned about reports there was already a drainage problem in the area. She asked staff if the SE 4.th Avenue drainage project would have any impact on the project. Ed Breese, Principal Planner stated there was no one from Engineering present at the meeting, but they did speak with them beforehand and told them the drainage plans as submitted are preliminary and appear adequate. At the time of permitting, they will be reviewed in detail. Mr. Nyott said he thought the applicant had followed the process that had been established from the City. Eric Johnson stated the City's parking requirements are suburban standard parking requirements. The City has incorporated the Urban Land Institute's shared parking analysis as a way to promote shared parking between mixed of uses. He thought the Urban Land ]nstitute's process was the appropriate one to use in this scenario. Vice Chair Tillman thought that since the last meeting, the applicants have done some things that were adequate and sufficient to move the project along. Motion Mr. Fenton moved to approve the New Site Plan for the Boynton Lofts 1.21 acres at 623 South Federal Highway for 13,354 square feet of office, 5,364 square feet of retail, 48 condominium units. Notion seconded by Nr. Tillman and carried 5-2 ( l~lr. Barretta and I~s. Horenburger dissenting). Motion Nr. Fenton moved to approve a three (3) feet two (2) inch height exception for the top of the elevator including the 56 conditions of approval, excluding items 42, 43, 52, 53, 54, 55; and 56 as amended to include molding around the entire building, plus adoption of the three elements from the design guidelines relative to the blank portions of the garage walls, and have the changes listed under the Community Redevelopment Agency Heading rather than the Planning and Zoning heading. Notion seconded by Mr. Barretta and carried 7-0. Mr. Johnson asked the Board that the changes be listed under the CRA comments rather than staff comments. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 New Business A. Code Review Project: Agent: Location: Description: Urban Commercial Districts (CDRV 05-004) City Staff Community Redevelopment Area Request to amend the Land Development Regulation (LDR), Chapter 2, Zoning, Section 6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side corner yard building setbacks for parcels currently zoned Office and Professional District (C-1), Neighborhood Commercial District (C- 2), Community Commercial District (C-3), and General Commercial District (C-4), located within targeted areas of the CRA. Eric Johnson, Planner stated the intent of the overlay is to allow flexibility in site design by requiring a "build-to" line with regard to the required front, side and side corner building setbacks, which will help to serve as a catalyst for redevelopment efforts on small-sized parcels that have not or most likely would not be assembled as part of a large mixed-use project. He stated the problem with conventional commercial zoning districts is that portions of a site may be developed for residential uses; however the regulations do not encourage a true integration of commercial and residential uses. Suburban standards in urban areas undermine staff leverage when negotiating with developers on issues such as creating pedestrian-friendly corridors, concealing off-street parking areas, and regulating automotive-oriented uses. Staff is proposing the commercial district overlay and the setbacks would be reduced as follows: · The front setback would be between five and fifteen feet. · The side interior yard setback would be zero to fifteen feet. · The side corner yard would be ten feet to fifteen feet. · The rear yard would be the same as normal. Mr. Myott questioned what the shaded area on Exhibit 'A" - Urban Commercial District Overlay IVlap meant, and why it was on only one side of Federal Highway. Mr. Johnson stated the shaded area is the boundary of the proposed overlay district which is consistent with the zoning districts that are currently in place and also consistent with the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Boynton Beach Boulevard Corridor Plan. ]2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April :1.2, 2005 Vice Chair Tillman wanted to know if Martin Luther King Boulevard was under the urban overlay district. Mr. Johnson stated the Martin Luther King Boulevard was omitted from the district overlay because it has its own overlay. Mr. Hutchinson was concerned there were still issues on Martin Luther King Boulevard, which he thought should be incorporated. Vice Chair Tillman thought they were supposed to be consistent. They talked about doing commercial on Martin Luther King Boulevard and he does not know why it is being left out. He questioned what Martin Luther King Boulevard is going to look like, other that what a commercial district is supposed to look like. He said they talked about putting overlays there and there is always stalling. Mr. Barretta stated he would like to workshop the matter with Staff so they could come up with a consensus between the Board and staff Michael Rumpf said in order to help save some time, they could try a workshop. He suggested they take some notes from this meeting and review them until the next meeting. He informed the Board, if they wanted the Martin Luther King Boulevard cleaned up in terms of the setbacks so they don't have different setbacks, they could make recommendations. The reason Seacrest Boulevard is not mentioned is because it was intended that way to draw attention to the fact that it would be contrary to the Heart of Boynton Redevelopment Plan, which the Board endorsed. Mr. Hutchinson stated the problem they currently have is the lots which are currently zoned Office and Professional District (C-:L) and Neighborhood Commercial District (C-2) on the west side of Seacrest, are being speculated on. Mr. Hutchinson stated even though it may not be the best place for commercial projects, if they are going to have one, they should have the best project. Mr. Rumpf thought that by allowing the setback to be adjusted on the lots, which are inconsistent with the redevelopment plan, increases their ability to develop. That would not be staff's recommendation. He thought if they favored or supported commercial development in these areas, he recommended they re- visit the redevelopment plan and see if they support changes along that west side. Chair Heavilin thought it was an important issue, which should be reviewed thoroughly. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Motion Mr. Tillman moved to postpone the matter and direct staff to set up a workshop. Notion seconded by Mr. Barretta and unanimously carried. Mr. Rumpf asked if the Board foresees needing any additional information from them for the workshop. Mr. Hutchinson suggested better maps. Project: Agent: Location: Description: LDR Revision (CDRV 05-007) City initiated N/A Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section 4. B, 4..1 and 5.A- 5.E, relative to residential district building setbacks, and regulations for fences, walls, and sheds. Ed Breese, Principle Planner, informed the Board the item dealt with setbacks in residential districts. The Commission asked staff in its first duty in rewriting the Land Development Regulations to look at the setbacks within the residential districts based on the number of variances that have been going through the process. They also asked them to look at the number of phone calls they receive from people who want to add on a family room or extra bedroom, because they have had an addition to their family and they can't fit it within the current Code. What staff did was look at the previous Codes to see what the setbacks were when most of the houses were built. They additionally looked at the variance applications, to see what were the most prevalent types of variances. Staff came up with the following recommendations: Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family districts. Creation of an Administrative Adjustment to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently in the Code for non-conforming lots, and would look something like this for a RIAA single-family lot, plotted prior to .lune 13,1975: Front Setback-25 feet. With Administrative Adjustment-20 feet. Rear Setback-20 feet. With Administrative Adjustment-15 feet. Side Setback-10 feet. With Administrative Adjustment-8 feet. · Establishment of criteria for the review and approval of Administrative Adjustments (see Exhibit "B"), which pertains to compatibility with the ]4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 established character of the neighborhood, reasonableness of the request and massing of the building or addition. Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights-of-way, :[-95 rights-of-way, canals, lakes, :[ntracoastal Waterway, parks, golf courses, and community perimeter walls; public use, recreation, commercial and industrial zoning districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special rear yard setback is applicable to one-story additions only. Mr. Breese stated more than likely the setback is 25 feet and they are suggesting it be 20 feet, and if you are on a lake, you can actually go to 10 feet. The Commission has heard from numerous people who had to sell their houses because they cannot expand. The Code was developed in 1975 and the one before that was 1962, and has not been updated for a long time. There is a need to develop a zoning Code that is more in line with what people want to do today. One of the things they heard from the Commission was they want to make the process simpler. As far as the Accessory Buildings, right now the regulations on the books state the shed must be a minimum of :[2 feet away from the principle structure, and could be no higher than 7 feet tall. Mr. Breese stated since a homeowner can now go to a place like Home Depot and buy a shed that physically attaches to the house, the Code is fairly outdated. Discussion with the City's Building Code Administrator and the Fire Marshal has confirmed that there are no issues of concern for allowing sheds in close proximity, or attached to a house. Staff recommends the following amendments to the Code: · Removal of the twelve (12) foot separation requirement between accessory structures and the principal structure, thereby allowing storage structures to be immediately adjacent to or attached to the house. · Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet. · Retain existing requirements for maximum square footage of storage structures (100 square feet) and minimum setback requirements (three (3) feet from rear and side property lines). Ms. Horenburger questioned if there was a requirement if your house was situated on a corner and you wanted to build a shed on that side of the house, would it have to be screened? Mr. Breese said to the best of his recollection, sheds could be in any yard except front yards. They can be on a side yard, even if you are on a corner, and he did not think it would be required to screen it. ]5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Mr. Fenton stated if the subdivision does not allow for a shed, you couldn't have a shed. Mr. Breese stated, if it was the desire of the Board that a shed which is not in the rear yard, must be screened, they could add that regulation. Ms. Horenburger felt it should be a requirement to have the shed screened if it is on the street frontage. Mr. Breese stated the other related issue involves wall, fence and hedge regulations. :In an effort to clarify some of the language in the Code, staff recommends the following minor rewording of the Code: Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, except that in front setbacks, from the building line forward to the property line, the maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions. Mr. Breese stated most fences are made six (6) feet high. Hedges are more troublesome. There were many historic districts which had high hedges, and the problem for that was relative to reversing out of your driveway. :If your neighbor has a six-foot high wall, fence or hedge, you would have trouble seeing any oncoming traffic, or pedestrians. Mr. Barretta stated if they loosened up the requirements for sheds, they would probably see a lot more sheds and they are going to potentially be nine feet. He understood the liability issue in the front setback but wondered if there should be a prohibition against someone who wanted to screen their shed around the side and rear with an eight foot fence or wall. (Plr. DePlarco /eft the meet/ng at 8:48 p.m.) Mr. Breese stated if it is the desire of the Board to look at an eight (8) foot height in the rear and side property lines, they could take that forward with a recommendation to the Commission to re-evaluate the six (6) feet. Vice Chair Tillman stated if they are allowing a shed to go from seven (7) feet to nine (9) feet, and on the corner lots, even though the shed is on the back of the property, it is still viewed by the public, the eight (8) foot hedge is still not going to cover it. He thought there should be some exceptions where there are corners, when dealing with sheds and hedges. Motion Ns. Horenburger moved to approve the amendment of the Land Development Regulations. Notion seconded by Mr. Barretta and unanimously carried. ]6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 VIII Pulled Consent Agenda Items Approval of Minutes, February :19th & 20th, 2005 Retreat, March 17th, 2005 and March 23, 2005 meetings. Attorney Spillias stated in the minutes dated March 17, 2005 on page 23, the word "no" should be inserted in the first full paragraph, third line, in between needing and incentives. The sentence should read: "Mr. Hutchinson stated that the project was presented with needing no incentives." Chair Heavilin stated in the minutes dated March 17, 2005, there was no time of adjournment. [t came to agreement, since the meeting was recessed until March 23, 2005, the correct language should be as follows: "The meeting recessed at 10:40 p.m." Motion Mr. Barretta moved to approve the minutes, as amended. Ms. Horenburger and unanimously carried. Motion seconded by IX. Old Business A. Consideration of Corporation Sponsorship for the NAACP Tabled to April 12, 2005 meetinq. Motion Ms. Horenburger moved to remove the item from the table. Mr. Barretta and unanimously carried. Motion seconded by Mr. Hutchinson stated the president for the South Palm Beach Branch of the NAACP was present at the meeting, to address any questions the Board may have on their organization. Dr. Romaine Martin, President of the South Palm Beach Branch of the NAACP~ stated the NAACP was formed in 1909 by a multi-racial group of progressive thinkers. It is a nonprofit organization with the mission of insuring the political, educational, social, and economic equality of minority groups. Their mission is to eliminate race and prejudice and remove all barriers of racial discrimination through a democratic process. There are over 420 branches in the United States. In 2002, the NAACP put forth a five-year strategic plan to prioritize the work at the branch levels. Some of the areas they address are l? Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 criminal justice, civil rights issues in education, health, and economic empowerment. Specific to economic empowerment, there was one particular goal she wanted to mention and that was goal 7.5 - to advocate for the development and support of community development financial institutions and community development corporations serving African-American and other minority communities. The South Palm Beach Branch of NAACP hopes to work with the CRA for the revitalization of Boynton Beach. Mr. Barretta said he was convinced they should partner with the NAACP and thought it was different from the YMCA. He felt the NAACP would work with the CRA and shared their goals. Mr. Fenton stated he saw nothing different between the NAACP and other organizations and said they were all non-political organizations. He thought the other groups like .1YC and YMCA are all affecting Boynton Beach in a positive way and he did not understand the Board turning down the YMCA, which he was a Founding Director, and he personally did not think the CRA should be giving to any of the nonpolitical, nonprofit organizations. Mr. Myott questioned if there were any case studies of the NAACP's involvement in redevelopment in other cities, and how they positively affected change. Mr. Hutchinson stated they have done a tremendous amount of work. They have organized meetings about the genesis program. They get requests about medical needs and also expressed their hands are tied regarding youth issues. Unlike other organizations, the NAACP is in the middle of working through the development issues, bringing resources in. He called the NAACP and within a week they had two meetings set up and they were in their office discussing investment opportunities and their community goals. Mr. Tillman said the NAACP is the only group within the target area that encompasses all the people within the area and how they feel. He felt partnering with NAACP will function to help the CRA. Chair Heavilin agreed with IVlr. Tillman that partnering with the NAACP would be beneficial to the community. Mr. Fenton said he was sure other organizations would be willing to partner with the CRA for $5,000, and did not think the target areas should be specified. He thought the target areas from the North end of Boynton Beach to the South end of Boynton Beach are inclusive of everyone. He had no problem with the NAACP or any of the other organizations, but questioned if legally another organization Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 came to them, what their position would be after opening the opportunity for corporate memberships. Mr. Spiillias stated it was a policy decision made by the Board, which could be made on a case-by-case basis. The only thing is the funds are being spent for public purpose. That does not mean that anyone who comes in and has a public purpose for the funds has to be provided funds. Ms. Horenburger questioned what accountability they would have about the expenditure of the funds. Mr. Hutchinson stated it is a membership fee to their organization. Mr. Fenton wanted to know how much of the money stays in Boynton Beach and how much goes to National. Dr. Martin stated National does get a small percentage of the funds, but she did not have the exact amount, but could provide it to Mr. Hutchinson the following morning. The reason it is important is because National does the policy development and establishes National relationships. They provide the guidelines by which they operate at a branch level. She did not consider the money going out of Boynton Beach, but rather helping them to be effective in Boynton Beach. Ms. Horenburger stated she was prepared to support the NAACP last meeting, based on a gold life basis of the $:[,500 membership for the year. Dr. Martin said that membership is an individual membership and not a corporate membership. The corporate membership is $5,000. Ms. Horenburger questioned if it was a lifetime membership or an annual membership. Dr. Martin stated corporate sponsorships are generally on an annual basis. Chair Heavilin said her understanding from the last meeting was that it was a one-time membership fee. Mr. Hutchinson told the Board they have the application as it was presented but he thought it was a lifetime corporate membership. This was a decision the Board should make. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Mr. Barretta stated the other organizations they are a part of, they pay annual dues, and it was nothing unusual and thought if they decide a year from now they were not getting their $5,000 worth, they would not have to renew it. Mr. Hutchinson stated he saw life membership as a one-time fee. Ms. Horenburger said she would support an annual membership to see how it works, but she did not think they could support $5,000 a year. Chair Heavilin questioned the difference between the various memberships. Dr. Martin stated there are different levels of individual memberships like the silver life and the golden life. These give you a different status within the NAACP. There is a difference between an annual member and a life member. A life member has made that commitment to the civil rights process and to the work of the NAACP for their entire life. Ms. Horenburger questioned why corporate was under life memberships. Dr. Martin said she would have to look at the form the Board has, because corporate sponsorship is something they go for every year with different corporations. Dr. Martin said the NAACP is a voluntary organization. They do not have any other funds coming in to their organization, but for individual membership and corporate sponsors. She stated Boynton Beach is a community that has come to them on a number of occasions - particularly the individuals within the Heart of Boynton Beach, to enter a complaint and ask for their assistance in helping them with various matters. The matter of the CRA was raised on a number of occasions, which led them to meet with Hr. Hutchinson. They ask corporations to support them on the $5,000 level, because of the magnitude of responsibility they have to engage in order to assist the community in a particular area. Mr. Tillman stated the form says "full cost", which as he reads it said life membership full cost. He was willing to support it based on corporate one-time cost of $5,000. IVlr. Barretta asked Mr. Hutchinson if the fact it was annual versus one-time changed his opinion of the benefit they were going to receive. Mr. Hutchinson said from what he has seen over the past month, $5000 would be the best bargain they have ever had. Motion Mr. Henderson moved that they approve the expenditure of $5,000 as sponsorship for one year of the NAACP on the basis that the expenditure of the 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 funds would serve a public purpose, among other things providing a mechanism and a vehicle to publicize activities of the CRA to those most interested, and affected by its actions, and programs providing notice to targeted individuals and property owners in the CRA of the CRA program and benefits, and obtaining the assistance and organizational support of the NAACP and educating residents and property owners within the boundaries of the CRA of its programs and activities and the benefits derived from them. Motion seconded by Mr. Barretta, and carried 4-2 (Mr. Fenton and Ms. Horenburger dissenting). (Mr. DeMarco had left the meeting). (Ms. Horenburger /eft the meeting at 9:30 p.m.) B. Consideration of W!-F! services contract with the City of Boynton Beach ~1' Department. Mr. Hutchison stated Staff is recommending the approval of an amendment of the IT contract to a six-month period for $22,800 for the W!-F! system for the CRA area. Mr. Fenton wanted to know what the question was with the legislature as it was now and suggested tabling until next month when the legislation is finished. Mr. Myott thought they needed to jump on the issue to beat the legislature. Peter Wallace, Director of IT Services, pointed out if they waited for the legislation to act, what would happen is they would lock themselves out and they would lose the option of moving forward. Mr. Hutchinson stated the CRA area is from the Library to IVlartin Luther King Boulevard, along Seacrest Boulevard to the water. Mr. Fenton questioned why this area is the target area and not the entire City. Mr. Hutchinson said they want to see how the public reacts to the program. There are huge cost differences because of technology. He stated IVlr. Wallace brought up this issue two years ago, and said it was a lifestyle issue, and they had to look at incentives to interest the public. When they looked at the scope, they included public areas like parks, to the water and the Heart of Boynton area to provide those citizens free access to the !nternet and a better quality of life. Fire and Police Departments will benefit from the broadband network throughout the City, allowing police officers equipped with wireless laptops and PDA's to access data and write reports in their cars and/or on the street. 2] Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Mr. Hutchinson stated they are not looking for 1.2 million people to switch onto WI-FI in six months. They need an opportunity to start to build this system, and will monitor hot spots. The first six months would be to see the delivery of this system and see if it is worthwhile to extend it. Mr. Myott questioned if City Government and CRA were going on the WI-FI system. Mr. Hutchison said they do not have an Internet service, their system goes through the firewalls at the City. Mr. Wallace assured the Board, WI-FI would be a public access and would not be tied to the City's network. There is going to be a separation by firewall to protect the City's internal data. Mr. Fenton questioned why they would put up cameras in parks unless they were invading privacy. Mr. Wallace stated once it is a public access, there are no limitations. Motion Mr. Barretta moved to approve the WI-Fi for the CRA area for a six-month period for a cost of $22,800. Motion seconded by Mr. Tillman and carried unanimously. X. New Business A. Consideration to Award a service contract for the Trolley Marketing Program Implementation. Staff is recommending hiring the Kidd Group to implement the Trolley Marketing Program. Mr. Hutchinson stated Staff issued an RFP for Trolley Marketing Program and had two responses, which were qualified. Both responders are present and are available if there were any questions from the Board. Mr. Fenton thought a five-minute presentation from each would be suitable. Mr. Barretta suggested that given the time, they table the matter since there were many important questions to be asked. Motion Mr. Barretta moved they table the matter. Mr. Tillman seconded the motion. 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Chair Heavilin questioned if any of the representatives were from out of the area, and was informed that one of them was from Tallahassee. The Recording Secretary called the roll and the motion to table the issue failed 1- 4 (Chairperson Heavilin, Vice Chair T/l/man, Mr. Fenton, and Mr. Myott dissenting). Tom Derzypolski & 3err,/Kidd, of the Kidd Group stated their experience with Trolley Marketing and why they responded to the RFP. They have worked with transit systems around the state for about five to seven years. They were requested by the Center for Urban Transportation research in Tampa, to present to their members in .lune regarding marketing efforts specifically for public transit. They are prepared to bring that experience and the resources they have to the CRA to handle the project. There are some unique aspects to public transportation, which they feel their experience would help enhance launching the program. Attorney Ken Spiillias questioned how they could do this effectively from Tallahassee. IVlr. Kidd stated the first part of the program would be to establish the brand of what the Trolley is going to be so there is marketing that has to take place before they actually start the selling. They can do the actual selling through phone calls, via the ]:nternet - which they would build a website advertising everything available, and also they would be in the area for monthly meetings with Staff. He informed the Board they spoke with the Chamber of Commerce on the day of the meeting. Mr. Derzypolski stated only 30% of their clients are located within 50 miles of their physical location. They have resources in Orlando through their web services, and though their main location is in Tallahassee, they service clients throughout the southeast on a regular basis. Mr. Fenton questioned whether the service pricing on page 15 was firm or if it was just a guideline. Mr. Derzypolski stated in response to the RFP and based on their experience with Marketing Public Transportation, those are their very best prices. Mr. Kidd said though they are firm, discussions with staff may change some of them because some of the things may not apply or there may be things staff wants to include. 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April :t2, 2005 Reta 3ohnson, President and Owner of Palm Beach Media Associates, stated they do not have any prior experience in Marketing Trolleys or Mass Transit, however they do have extensive knowledge and background with marketing in the Boynton Beach area. They work closely with Quantum Development and some of the other local community organizations. They have strong media relations in the Boynton area, and Ms. Johnson felt their local experience is very strong even though they lack experience with Trolleys. Mr. Myott questioned if their firm had relations to one of the big ]~nternet sites. Ms. Johnson informed the Board they own Palm Beach's website and they m.anage the entire site. There are an extensive amount of local advertisers who currently advertise with them through the website. 3esse Freedman, Art Director, stated he was a former resident of Boynton Beach and felt familiar with the lifestyles of the residents of Boynton Beach. in his opinion, the Trolley System would be a perfect fit. Chair Heavilin commented on the cost difference between the two respondents. Motion Vice Chair Tillman moved to accept the staff recommendation. by Mr. Barretta and carried 4-1 (Hr. Myott dissenting). Motion seconded XZ. Commission Action None Director's Report Mr. Hutchinson stated the YMCA wrote them a letter requesting $5,000 and he had a letter to reply to them and would let the Board review it before sending it out. Chair Heavilin inquired under the self-assembly grants update, the Miller Appraisal reports were due January 31st, and Mr. Hutchinson informed her the appraisals were in the process of being delivered. XIII. Board Comments Chair Heavilin stated she had Certificates of Appreciation, which were presented to them by the Honorable Mayor and City Commission at the City Board Dinner, 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April :L2, 2005 to distribute. She asked staff to distribute to those people who were not in attendance at the meeting. Mr. Spillias stated the l~tem they needed to discuss on the Consent Agenda, was Item C regarding the Consideration of Final Direct ]~ncentive Agreement for the Promenade of Boynton. It was approved by consent, but in looking at the paragraph it references a minimum purchase price of $266,866 and it is supposed to be a maximum. Motion Vice Chair Tillman moved to reconsider ]~tem IV. C. in the Consent Agenda. Motion seconded by Mr. IVlyott and carried unanimously. Motion Vice Chair Tillman moved to approve Item IV. C. with the amendment in paragraph 5.1.1 to change the word minimum to maximum. Motion seconded by Mr. Fenton and unanimously carried. Mr. Spillias informed the Board with regard to the information they requested on time limitations, he distributed a memo, which they can discuss at the next meeting. There being no further business to discuss, Vice Chair Tillman moved to adjourn the meeting at 10:06 p.m. Motion seconded by Mr. Barretta and carried unanimously. Respectfully submitted, Catherine Wharton Recording Secretary (April 14, 2005) 25