Minutes 05-10-05 (2)
MINUTES OF THE COMMUNITY REDEVLOPMENT AGENCY WORKSHOP
MEETING, HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 10, 2005 AT 5:30 P.M.
Present
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chair
James Baretta
Alexander DeMarco
Don Fenton
Marie Horenburger
Steve Myott
Doug Hutchinson, CRA Director
Ken Spillias, Board Attorney
I. Call to Order
Chair Heavilin called the workshop meeting to order at 5:30 p.m.
II. Approval of the Agenda
Motion
Ms. Horenburger moved to approve the agenda. Vice Chair Tillman seconded
the motion that carried unanimously.
III. New Business
A. Consideration of the Urban Commercial Overlay Plan
Presentation - Vivian Brooks, CRA Planner
Ms. Brooks stated at the last meeting, the Planning Staff presented the Urban
Commercial Overlay District, and the Urban Commercial Overlay as presented by
the City. She referred to the displayed maps, and pointed out the yellow dotted
line covering the C-l through C-4 commercial areas in the City. Ms. Brooks said
that after internal discussions, they decided it would be useful to extend the area
to the Martin Luther King Boulevard corridor, since they hoped to do Mixed Use
along the area in the Martin Luther King Phase 1, and the Seacrest Boulevard
corridor. She pointed out there is a natural connectivity between Boynton Beach
Boulevard, Federal Highway, Martin Luther King Boulevard and Sea crest
Boulevard, and felt that with the trolley coming online, they would see good
usage from that and envisioned it as a trolley route.
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COMMUNITY DEVELOPMENT AGENCY WORKSHOP
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She explained that if someone wanted to build a commercial building - for
example a pizza place - it would still fit in with the urban fabric, which is the goal
of the City and Planning Staff. Ms. Brooks pointed out that even though they
want to keep the urban environment created by the Mixed Use projects, those
buildings that do not want to be Mixed Use along those corridors do not have to
be. She also stated that it only affects the location of the building and not the
use.
Ms. Brooks expressed the hope to include the Seacrest Corridor in the Heart of
Boynton between Boynton Beach Boulevard to Martin Luther King Boulevard, and
Martin Luther King Boulevard between Federal Highway and Seacrest Boulevard.
In addition to that, the CRA would amend the Martin Luther King Boulevard front
setbacks to comply with the new overlay setbacks, so they are in line. They
would also like to amend the Martin Luther King Boulevard parking requirements
to the Mixed Use or commercial parking guidelines, because they are 50%
reduced and they felt it would be an impediment to development in the future.
Ms. Brooks stated the City's Planning Staff were in attendance, should there be
any questions regarding their proposal.
Vice Chair Tillman stated he studied the map in the proposal, and although he
was in agreement with most of it, he had concerns about the Commercial
encroachment on the residential area of Seacrest. He expressed that he would
like to see Commercial on Martin Luther King Boulevard, but did not agree with
replacing housing from 6th Avenue to Martin Luther King Boulevard, since there
was a large amount of affordable housing missing from that area.
Ms. Brooks pointed out they were only discussing the overlay that would affect
someone coming into the existing Commercial zoning along Martin Luther King
Boulevard. They would have to bring the building up to the street rather than
having a suburban setback. She said it does not affect the zoning, only the
building usage for the existing Commercial zoning.
Vice Chair Tillman expressed he was not comfortable with a Commercial overlay
in that area. Mr. Hutchinson pointed out that it was already there. Vice Chair
Tillman reiterated he was not comfortable with additional Commercial use in that
area, because it sets the tone for a Commercial development, whereas he would
like to see residential development in that area.
Chair Heavilin was in disagreement with Mr. Tillman and felt that on the west
side of Sea crest; as a buffer between the Commercial developments on the east
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side and the residential development on the west side, that office use would
make a natural transition.
Ms. Horenburger agreed with Vice Chair Tillman's concern about residential
housing, but noted that they were not discussing the zoning because it already
exists. She asked if the parking would be in the rear and Ms. Brooks pointed out
that the building footprint would be pushed up, and the parking would be to the
side or rear of the building.
Mr. Baretta questioned why north of the canal there is a R-l-A zone and a C-2
zone, but the C-2 zone was excluded from the overlay. Mr. Hutchinson stated
the area he was referring to was the funeral home on the other side of the
railroad tracks. Mr. Baretta asked why the C-3 at the southern most end of the
City was not included. Mr. Hutchinson stated it was not adjacent to Mixed Use.
Ms. Horenburger inquired about the purple public usage category on the
southern end of the map, and Mr. Hutchinson stated they were unincorporated
county pockets. Mr. Baretta asked when the pockets come in west of Federal
Highway, if they were within an overlay district. Ms. Horenburger asked if they
could not create the overlay to incorporate the unincorporated county pockets,
and inquired whether they could ask the County if they'd agree to it.
Ed Breese, of the City's Planning & Zoning stated they might be able to do a joint
planning agreement with the County but that would not be done at this point.
Ms. Horenburger inquired whether the C-3 parcel at the southern most end of
the City was the Gulfstream Mall and Mr. Hutchinson clarified it was. She said it
was to her understanding that area would be residential and Mr. Hutchinson
stated it was Mixed Use.
Quintus Greene, Director of Development, asked Ms. Brooks to display the
zoning map for Seacrest Boulevard. He stated that City staff had only one major
objection. They took serious exception to the idea that any kind of urban
commercial district overlay would be placed along the west side of Seacrest,
between Boynton Beach Boulevard and Martin Luther King Boulevard. Mr.
Greene stated the reasons for their objections were as follows:
1. Contrary to popular belief Seacrest is a residential street. The non-
residential uses on Seacrest are concentrated at Woolbright, Boynton
Beach Boulevard; there are some at Martin Luther King Boulevard and
Hypoloxo Boulevard. He reiterated the remainder of that street is
residential.
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2. There is an adopted development plan for the Heart of Boynton, which
designates the entire west side of Seacrest Boulevard for single-family,
residential use. Mr. Greene pointed out this plan had a lot of community
support, and was almost two years in the making. He did not think it was
fair for them to throw out that plan in the interest of speculative
commercial development.
Mr. Greene agreed that right now the area is zoned for Commercial, however
given the current requirements under C-2 for setbacks and buffering from the
adjacent residential, it would make it difficult to do a commercial development on
that strip. He felt by applying the urban commercial overlay plan and reducing
the setbacks, would be easier for people to do a commercial development, and
the City would be firmly opposed to that.
Ms. Horenburger asked why the City did not make an effort to change the zoning
in that area. Mr. Greene stated the City does not normally initiate zoning
changes; they usually come about as a result of the property owners.
Mr. Hutchinson expressed that staff is working on final adjustments for several
areas that need to be defined, like the difference between the plan, the future
zoning, and the current zoning maps. Mr. Hutchinson also pointed out that when
GIS ran the maps, the line was not in the correct place because the end of the
Gulfstream Mall should be a part of the urban overlay district. Chair Heavilin
referred to Mr. Baretta's earlier question on why the C-3 at the southern most
end of the City was not included, and pointed out that in response to the
question, that area is a part of the overlay district.
Ms. Horenburger asked Mr. Greene to repeat what he said about the west side of
Seacrest Boulevard regarding residential.
Mr. Greene stated it was an adopted development plan, which is part of the
City's Comprehensive Plan that the area should be single-family residential.
However, the zoning has not been changed to correspond to the plan. Ms.
Horenburger questioned why it was part of the comprehensive plan but the
zoning was not initiated, and Mr. Greene pointed out they had not gotten around
to that up to this point.
Mr. Hutchinson reiterated they had several of those issues highlighted to adjust
so they could match. He said the situation had come up several times, and CRA
staff is working with City staff to get those issues right.
Vice Chair Tillman pointed out he took the position he did on the matter because
he knew there was a Heart of Boynton plan that considered the area for
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residential and suggested approving the overlay in lieu of leaving out the
Seacrest quarter.
Chair Heavilin asked Mr. Hutchinson if he just required a consensus of opinion
from the Board
Mr. Hutchinson explained that staff required the Board to look at the Martin
Luther King corridor. They would like to clean the setbacks up in that same
ordinance so they match. Also, match the parking requirement to ULI if it's a
Mixed Use project, or to regular commercial parking, because they have a special
provision that requires you to only park 50% of your parking requirements. Mr.
Hutchinson felt there was no way to take care of the other 50% of parking right
now. He pointed out that it was all going redevelopment, and they were trying
to clean up the situation, so that when projects do come in, they would not have
situations, which they do not want in the area. Mr. Hutchinson stated they could
drop the request for Sea crest, but reiterated they would like the matching of the
setbacks and the removing of the provision for 50% parking reduction, applied to
the Martin Luther King corridor.
Mr. Greene said they do not object to that request.
Mr. Baretta said the map he was looking at did not include the Seacrest corridor
in the urban commercial district overlay.
Ms. Brooks stated the map lines were drawn from the City staff recommendation,
and to consider those two other areas.
Mr. Greene explained that City staff initially prepared the map. The CRA staff
added Sea crest and Martin Luther King Boulevard. City staff has no objection to
adding Martin Luther King Boulevard, but have a fundamental problem with
adding any commercial district overlay on Seacrest between Boynton Beach
Boulevard and Martin Luther King Boulevard.
Mr. Hutchinson pointed out there is no commercial zoning on the east side of
Sea crest Boulevard in that area and it was eventually going to be Mixed Use.
Therefore, to say there would be no commercial on Seacrest was contrary to
their approved plans.
Mr. Fenton clarified the west side of that area is commercial, and Mr. Hutchinson
agreed. Mr. Fenton then asked if the people who own property in that area were
paying on the tax roles for commercial property. Mr. Hutchinson said no, if there
is a single family residential, those people are paying for residential property.
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Mr. Baretta asked if there would be Commercial and Mixed Use across from the
single-family residential on the east side of Sea crest.
Mr. Greene felt it would be premature to visualize one particular form of Mixed
Use at this point. He said City staff was recommending they stick with the
adopted plan. Mr. Baretta asked if the adopted plan showed Mixed Use on both
sides and Mr. Hutchinson said yes.
Chair Heavilin did not think with the traffic on Seacrest and Mixed Use or possible
Commercial on the east side, that single-family residential would be appropriate.
She expressed she could possibly see town homes or multi-family homes in that
area.
Mr. Myott stated if it were multi-family homes or town homes, it would be better
to have the building to the front and the parking and yards in the rear because it
is a heavily traveled street.
Chair Heavilin stated she would like staff to look at some alternative uses for the
west side other than single-family houses.
Ms. Horenburger pointed out that it is already in the City's Comprehensive Land
Use Plan that the area is residential, and the City would have to change the
Comprehensive Plan.
Mr. Hutchinson stated they are working on Mixed Use now but what was
presented was just an adjustment to the Commercial districts, since they have
smaller projects right now that will really affect the situation of the projects on
Federal Highway. He felt it was a step in the right direction and pointed out that
they were going with medians on the west side of Seacrest, as part of the street
design. That way, there would be some additional separation in that area, which
would help with the Mixed Use on one side and residential on the other.
Chair Heavilin expressed she would like to see the commercial overlay remain on
the east side of Seacrest.
Ms. Horenburger felt they should eliminate it at this time and revisit it when the
City moves forward with some changes, but while it is in the Comprehensive Plan
they would not want to encourage anyone to develop there before any decisions
are made.
Mr. DeMarco asked if any thoughts were given as far as the height limitation, the
traffic situation, and the parking.
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MAY 10, 2005
Mr. Hutchinson said no, the C-1, C-2, C-3 and C-4 that were affected, had
nothing to do with those things. It just related to where you put the building on
the lot. He said they would address those issues at a later time when they look
at other types of Mixed Use.
Mr. DeMarco said it would be nice to consider churches, nursing homes, private
schools, donut shops and ice-cream parlors for that particular area. But he felt
to have large buildings in that area would cause a situation that would need to
be addressed.
Ms. Horenburger stated with exception of the ice-cream parlor, all those uses Mr.
DeMarco pointed out, were not commercial uses. They were conditional uses in
residential neighborhoods.
Mr. DeMarco felt those were the things that would help the community.
Mr. Baretta noted that until a few months ago he owned property on Sea crest
Boulevard. Reversing from a single-family home on Seacrest is dangerous, and
Mr. Baretta wondered about the safety of having single-family homes in that
location. He noted that on numerous occasions the Board wanted to do
something in conflict with a pre-adopted plan, and felt it was time to re-review
some of those plans.
Mr. Hutchinson said staff had a series of issues to bring to the Board, and they
anticipated that they would change some of their plans.
Ms. Horenburger said what she understood from Mr. Greene's statement was if
they were to include the west side of Seacrest, north of Boynton Beach
Boulevard, in the urban commercial overlay, that it would encourage commercial
development while they are still in flux as to what they require for that area.
Chair Heavilin asked if they would be in favor of including the east side of
Federal Highway within the overlay.
Vice Chair Tillman said no, and Ms. Horenburger expressed they could amend it
later. She felt they should give the City an opportunity to review it and make
some decisions as to whether or not they would leave what they have in the
Comprehensive Plan and make their zoning plan match.
Vice Chair Tillman agreed with Ms. Horenburger and said if they would consider
the ice-cream parlor or churches or the other uses Mr. DeMarco pointed out,
they should look at the entire picture for the area. He expressed they want that
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community to develop properly, and felt they should take their time and do it the
right way.
Mr. Baretta felt the problem was the property was currently zoned commercial,
so if some parcels were assembled, and came to the Board with a commercial
project on it, they would be obligated to approve it. He pointed out the setbacks
would dictate that the project did not come to them in urban form. So while the
zoning is there, Mr. Baretta saw no harm in adding the overlay, because it would
protect the fabric of what they are trying to create, and if two or three parcels
came together, they would have to develop them in a manner the Board would
like to see. He did not think it would promote wholesale development.
Ms. Brooks noted that with the suburban setbacks, if someone wanted to build a
strip center, which is a very shallow commercial center with all the parking in the
front, they could do that. She said it would push the back of the building into
the residential neighborhood, which is something they should think about. Ms.
Brooks said their rational was not to get rid of single-family on the west side but
to buffer it from Seacrest, which is a major road. She pointed out that since the
road on Seacrest was widened, as you back out from your driveway, you are into
the road. She suggested in the future, they look at C-l for that area which is
just office, that would be a buffer to the single-family homes.
Mr. Greene pointed out there are approximately three vacant parcels along
Seacrest Boulevard in the commercial strip. He stated the remainder is either
residential or institutional. He said the area is already residential and to put the
overlay would encourage people who own or want to purchase the vacant
parcels to buy the adjacent residential parcel, and encourage the expansion of
commercial rather than impede it.
Mr. Hutchinson pointed out that the overlay affects eight lots, three of which are
vacant. There are five houses, three of which are owned by a gentleman who is
putting in a commercial building, which meant they were arguing about two
single-family residential homes.
Mr. DeMarco was glad the issue was brought up and expressed that if it were
ignored, it would have caused some problems.
Ms. Horenburger asked if the person planning to construct the building would be
subject to the overlay if it were approved.
Mr. Fenton felt as the CRA Board, they were supposed to be fostering economic
development, and questioned why they were trying to put in rules to limit
economic development. Mr. Baretta stated they were just trying to reshape it.
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COMMUNITY DEVELOPMENT AGENCY WORKSHOP
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MAY 10, 2005
Mr. Greene stated one of the fundamental problems was they did not have the
resources necessary to implement the plan as rapidly as he would like. There
are properties they would love to have acquired, but have not been able to
because they have not been provided the necessary resources. Mr. Greene
reiterated many of these problems would not exist if they had the necessary
resources.
Mr. Hutchinson said his concern was that they were seeing assembly on Federal
Highway, Boynton Beach Boulevard and pointed out that they were losing single
buildings for self-assembly and assembly by developers. Mr. Hutchinson stated
there were only eight properties at the rear corridor, and the reason people were
buying those, was because they were out of inventory that enables a small retail
standalone business or office. Mr. Hutchinson said there was an agency that
tried to buy two lots in that area; not to keep as houses, and the City was
outbid.
Mr. Myott wondered if the development department would consider it a good
thing if all the lots together were to be zoned commercial and had a unified
development plan or project. Mr. Greene said they would not support that at
this time.
Mr. Hutchinson noted that commercial properties could be built in that area
because it is allowed. He urged that they decide whether the area be zoned
residential, making commercial not allowed. He said they could no longer ignore
the matter. Mr. Greene agreed with Mr. Hutchinson's point, but expressed the
problem was that the minute they make that decision, they would have to be in
an acquisition mode which requires resources, and that has been a problem.
Mr. Baretta stated they have to do whatever they can to protect the image they
are trying to create. He suggested passing the overlay and then they could
immediately begin to try to rezone the area. In the interim, if someone tried to
build, at least the project would come in conformance with what they would like
to see.
Mr. Greene agreed the City had to change the zoning, but he disagreed with
putting the overlay in that area, because he felt it would encourage the
expansion of the commercial uses.
Mr. Baretta asked what it would take for the City to declare a moratorium on that
particular street, because he felt that would solve the problem.
Mr. Greene said they would have to go to the Commission and ask for it.
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MAY 10, 2005
Ms. Horenburger agreed with Mr. Baretta, and felt maybe the Board should go
forward and recommend a moratorium. Mr. Fenton did not agree.
Mr. Myott asked what the results were when re-zoning and down-zoning, are
requested on property by the City, which would affect individual property
owners. He felt that was a unique and seldom used scenario.
Mr. Baretta expressed the Board has to face the fact that because they had not
re-zoned the area up to this point, they were in a dilemma, and have to do
something about it.
Mr. Greene was concerned about introducing new facts on the ground, in
advance of their ability to move forward with the plan.
Mr. Hutchinson stated he had no problem with them putting the overlay in if they
were going to put a moratorium on that particular street.
Chair Heavilin pointed out it was the general consensus to request the
moratorium on that street.
Mr. Baretta asked what the procedure would be for someone to petition the City
Commission to request a moratorium.
Mr. Greene said if it is the general consensus of the CRA Board, they could go
forward to the Commission with a request for a moratorium.
Mr. Hutchinson stated the consensus would also be to use the overlays in the
other areas as were suggested, leaving the Seacrest Boulevard area out of it. He
stated they would bring back the other changes pertaining to the setbacks, to
the Board when they are finished.
Mr. Myott felt they should limit it to the commercial property along Seacrest
Boulevard so they would not mess with the good things happening in Boynton
Terrace, or any Mixed Use project coming in on the east side.
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MEETING MINUTES
COMMUNITY DEVELOPMENT AGENCY WORKSHOP
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MAY 10, 2005
There being no further business, the workshop meeting properly adjourned at
6:25 p.m.
Respectfully submitted,
LfXGý~,
Catherine Wharton
Recording Secretary
(May 12, 2005)
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