Minutes 07-18-05
MINUTES OF THE JOINT WORKSHOP WITH THE CITY COMMISSION AND
COMMUNITY REDEVELOPMENT AGENCY HELD IN THE LIBRARY PROGRAM
ROOM, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 18, 2005 AT 6:30 P.M.
Present:
City Commission Community Redevelopment Agency
Jerry Taylor, Mayor Jeanne Heavilin, Chairperson
Mack McCray, Vice Mayor Henderson Tillman, Vice Chair
Bob Ensler, Commissioner James Barretta
Mike Ferguson, Commissioner Alexander DeMarco
Carl McKoy, Commissioner Don Fenton
Marie Horenburger
Kurt Bressner, City Manager Doug Hutchinson, Director
Jim Cherof, City Attorney Ken Spillias, Board Attorney
Wilfred Hawkins, Assistant City Manager
Quintus Greene, Development Director
Janet Prainito, City Clerk
1. Call to Order
Mayor Taylor called the workshop to order at 6:36 p.m. and explained the purpose of
the workshop was to provide an update on the Heart of Boynton (HOB) project. He
would like to make certain everyone is on the same page and working towards the
same goal. Mayor Taylor wanted to assure people developing in the HOB and the
Federal Highway Corridor are aware of the purpose and goal of the Commission and
the Community Redevelopment Agency (CRA).
Mayor Taylor asked Mr. Bressner to explain how the agenda would be addressed, after
which the City's Development Director, Quintus Greene would provide an update of the
HOB. Doug Hutchinson, the CRA Director, will also be providing input for the CRA.
Mayor Taylor recommended presentations be given in their entirety, without interruption,
after which discussion and questions would take place. In addition, the public will be
given an opportunity to speak.
Introductions
Members of the City Commission and Community Redevelopment Agency introduced
themselves. Mayor Taylor also acknowledged several other staff members were
present.
Meeting Minutes
Joint City Commission and CRA Workshop
Boynton Beach, Florida July 18, 2005
Aaenda
Mr. Bressner announced staff would be providing the status of the following three
redevelopment plans:
Federal Highway Corridor Plan
Boynton Beach Boulevard Corridor Plan
Heart of Boynton Plan
The purpose of the meeting is to provide the Commission and the CRA with some early
information from the staffs of the City and CRA on proposals.
Federal Hiahway Corridor Plan
This Plan was approved in 2001 and there was one revision in 2003.
Heart of Boynton Plan
This Plan has not been revised since the City Commission adopted it in December
2001.
Boynton Beach Boulevard Corridor Plan
The CRA Board adopted this Plan, but the City Commission has not formally approved
it.
Intent and Purpose of Workshop
· Land use issues and regulations will be addressed.
· The intent is to stabilize and sustain good redevelopment, as well as stabilizing
and sustaining viable neighborhoods.
· Community concerns involving redevelopment will be addressed.
· Determine whether changes in land use, density, or zoning are necessary in any
areas of the three plans and the ramifications, if any.
· Give a framework for providing affordable or workforce housing.
· Provide a funding mechanism for affordable or workforce housing.
· Provide a framework for sustaining affordable and workforce housing.
· Retain the good elements of the existing plans.
· Make suggestions for changes to the plans to reflect a better transition of land
uses in each of the three plans.
· With regard to land acquisition, determine if the plan or purchases by the CRA is
in accord with the wishes of the City Commission.
Staff has been working on these elements for six months. Results and
recommendations will be presented for some possible plan modifications.
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Quintus Greene, Development Director, used a map to display the zoning areas being
discussed. The Commission has approved a notice of intent for a moratorium for a
zoning study on the area along the west side of Seacrest Boulevard, north of Boynton
Beach Boulevard, to 8th Avenue.
The area that was previously the Boynton Terrace Apartment complex has been razed.
Currently, it is zoned R-3. The area to the west is single-family residential. Areas north
and east of Seacrest Boulevard are predominately zoned R-2 or duplex residential.
There is some C-2 zoning along Martin Luther King Boulevard (MLK), Seacrest
Boulevard, and MLK near Federal Highway.
There is a public use section in the northern portion of this area that encompasses
Poinciana Elementary School and the Wilson Center. The HOB project ends at 3rd
Avenue because this is where the Boynton Beach Corridor begins and runs south to
Ocean Avenue.
With regard to the Federal Highway Corridor Plan, the consultant for this Plan divided
the corridor into five s~gments. The purpose of the corridor study was to create a
wedding-cake type zoning. The Central Business District (CBD) is included in this Plan
that is zoned CBD. A new zoning category called "mixed-use high" was created for the
CBD and some projects are taking advantage of this new category. The first project to
do so was the Marina Project. The next project was the Arches and the third is the
Promenade.
Zoning south of the CBD is currently C-3 and R-3 (multi-family residential). Mr. Greene
explained the reason the zoning was not put on the ground was due to the community
south of the Woman's Club being opposed to a mixed-use land use zoning category;
thus this will remain zoned R-1-AA. An opportunity has been created for developers
west of Federal Highway to request specific mixed-use zoning. This was done for the
Gulfstream Lumber project where the zoning was changed from commercial to mixed-
use low. Mr. Greene next discussed the zoning along Woolbright Road.
Plans that have been approved by the Commission for the three redevelopment areas
are as follows:
./ The Heart of Boynton Plan will require the entire area west of Seacrest to be
single-family residential.
./ Multi-family residential will apply to the area from the east side of Seacrest to the
property line between 11 th and 12th Avenue.
./ Mixed use low would extend from NE 1 st Avenue all the way north to NE 6th
Avenue.
./ There is a strip for M-1 zoning along Railroad Avenue.
./ The City's Public Works complex will be located in this area.
./ A parkway along the C-16 Canal would link to the Wilson Center.
./ The Federal Highway Corridor Plan is divided into five areas. The most intense
area is area 3 in the middle of the Corridor.
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./ The mixed-use low to the west is there to envelop the downtown core of high-
intensity development to provide a stepping down to the north, south and west.
./ Mixed-use high zoning in planning area 3 would allow heights up to 150'.
Mr. Greene pointed out the plans are subject to change and both the Planning and
Zoning and CRA staffs are looking at ways to make the plans better. As a result, staff
presented their ideas.
With regard to the Heart of Boynton, along the south side of NE 11th, new single-family
houses would be built, providing a positive contribution to the community. The plans
currently call for multi-family along both sides of 11th Avenue. Staff is recommending
cutting the multi-family back one-half block between 10th and 11 th Avenue and
encourage the construction of single-family housing along both sides of 11 th Avenue.
Staff has also looked at how to handle the transition going from the Boynton Beach
Boulevard Corridor and the downtown into the Heart of Boynton. As a result, it was
discovered all the mixed-use low area was not necessary. Therefore, staff is suggesting
this area be stepped down by increasing the amount of multi-family residential and
reducing the mixed-use low to the area south of 4th Avenue. Staff feels this would be a
much better transition into the area.
Mr. Greene pointed out there are no plans to change the original plans for the area west
of Seacrest Boulevard and it will remain single-family residential.
Phase 1 of the implementation of the HOB Project has C-2 in two areas and staff feels
these two areas should now be mixed low. The buildings would be no higher than 45'
and 20 d/u/a per acre.
Mr. Greene next discussed the Boynton Beach Boulevard Corridor. The entrance from 1_
95 to Boynton Beach Boulevard is a key gateway to the HOB and the downtown area.
Questions that come up are (1) how does the City want people to see this as they enter
the City and (2) how to make the transition from low-rise commercial to the more
intense areas. To address this, three levels of mixed-use have been created.
Mixed-use low, which is located from the entrance off 1-95 to Seacrest, would consist of
the standard 45' height limitation and 20 dIu/a. This would create an opportunity for
residential and commercial along Boynton Beach Boulevard. After this, the Boulevard
would step up to a mixed-use 3; i.e. a maximum of 75' and 40 diu/a. This would end at
the downtown core.
Going back to the Federal Highway Corridor Plan, there is an area that is zoned
residential, but has an underlying land use of mixed-use low. Staff is now
recommending that this area be zoned R-1A to give those residents (INCA) the same
zoning that was given to the community to the south. Therefore, it is being proposed this
area be established as single-family only.
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With regard to the property adjacent to the canal, staff is also recommending this be
zoned R-1A instead of mixed-use low.
Another recommendation is to make all four corners of Woolbright Road and Federal
Highway mixed-use. Because mixed use currently exists along the north side of
Woolbright Road, staff is recommending this be labeled mixed-use low.
Mr. Greene addressed SE 4th Street that has a lot of opportunity. Between SE 4th and
Federal Highway, there is currently mixed-use low. Staff is recommending along the
west side of SE 4th, between SE 4th and SE 3rd, multi-family and residential be
permitted. Staff feels this would be a good area for townhouses to compliment the
intense development to the east.
Mr. Greene explained what he presented are staff's ideas and they would like to hear
from people present how they feel about these proposals and opened the meeting to
questions and comments.
Questions and Comments
Mayor Taylor inquired if anyone had any questions.
Henderson Tillman, Vice Chair of the CRA, asked if the change in zoning from mixed-
use low to residential would extend to Federal Highway and was informed it would not.
Mr. Greene responded they are recommending that the edge along Federal Highway
would remain mixed-use low.
Mr. Tillman inquired if there were plans to introduce a buffer between the mixed-use low
and the residential zoning. Mr. Greene responded the R-3 zoning would address this as
a buffer. Doug Hutchinson, CRA Director, explained in mixed-use areas there is new
language dealing with edges and their relationship to the neighborhoods.
Mr. Barretta noted that the sliver of M-1 zoning that separated mixed-use high and
multi-family residential was not addressed. He felt this was a drastic step from 150' to
the industrial area. He also felt this was a blighted area. Mr. Barretta would like to see it
rezoned to allow the current owners to sell their properties at a profit in order to build
better facilities out west in the Industrial Park.
Mr. Bressner recommended all comments be allowed before the City Commission and
the CRA addressed them.
Mr. Barretta also asked about the narrow strip of mixed-use in the INCA area between
the single-family homes and Federal Highway. He felt it would be very difficult to put
mixed-use in this strip because of the buffer and neighborhood compatibility
requirements. It would also result in having low structures in this strip that would negate
the "wedding cake" approach.
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Mr. Barretta noted the "wedding cake" approach has been deviated from to the south. It
goes from 150' to 65' and then back to 75' at Woolbright. He equated this to going in the
opposite direction. Mr. Barretta would like to see these areas displayed in three
dimension to actually see how all this would look. This ''wedding cake" approach had
been adopted and now it appears plans are being devised that are inconsistent with this
approach.
Commissioner Ferguson was in favor of having mixed-use on all four corners of
Woolbright Road and Federal Highway. He would like to have a mixed-use low 4 zoning
designation that would have 100' height limitation with 60 units per acre. This would
address Mr. Barretta's concerns about the "wedding cake" feature for that area.
Commissioner Ferguson also recommended this be added to the area going west on
Boynton Beach Boulevard.
Mr. Barretta pointed out if Sterling Village were ever developed, the height and density
would have to be increased. This would be necessary in order to attract redevelopers.
Vice Mayor McCray inquired what the zoning designation was for the Boynton Terrace
parcel. Mr. Greene responded there are no anticipated changes to the current plan for
the west side of Seacrest Boulevard. All this area is designated single-family residential.
On the east side of Seacrest Boulevard, the zoning is R-3, multi-family.
Commissioner Ensler inquired if consideration had been given to create a better
entrance into the City from 1-95 to Woolbright Road into the City. Mr. Greene responded
this is not possible because of the current uses along Woolbright Road.
Commissioner Ensler asked if there were plans to rezone the Baptist Church in the
event the Church decided to move from its current location. Mr. Barretta also thought
this should be designated mixed-use low.
Commissioner Ensler questioned if it was staff's intent that whatever zoning was agreed
to, the underlying land use and the plan would also be changed so they would all be
compatible. Mr. Greene responded affirmatively.
Jeanne Heavilin, Chairperson of the CRA, was in favor of having the entire intersection
of Seacrest Boulevard and Boynton Beach Boulevard designated mixed-use low 3.
Ms. Heavilin also thought the M-1 area in the HOB should be rezoned R-3. She noted
there is difficulty trying to find affordable housing and she would like to see only multi-
family allowed. This would provide more affordable housing opportunities than single-
family homes. With regard to Woolbright Road and Federal Highway, she felt there
needed to be some kind of transition, especially to the south.
Vice Mayor McCray asked Ms. Heavilin where she envisioned the multi-family housing
along Seacrest Boulevard. She replied she would like to see it beginning at Boynton
Beach Boulevard and extend all the way to MLK on the west side.
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Mr. Barretta pointed out the difficulty of backing out of a single-family home onto
Seacrest; whereas multi-family buildings would provide better egress and ingress.
Mr. Bressner asked how far west Ms. Heavilin would like to see the multi-family
developments go. Chairperson Heavilin thought one block in would be appropriate.
Ms. Heavilin did not agree with Mr. Barretta's assessment of the small strip of property
along North Federal Highway that was actually the Schnars center and consisted of
almost two lots.
Ms. Horenburger would like it set out when affordable housing is built, people who
purchase affordable housing would not be prohibited from selling it, if they had to move.
Also, she was opposed to rental units that were built as affordable housing, converted
and sold as condominiums.
(Ms. Horenburger left the meeting at 7:25 p.m.)
Mr. DeMarco felt it was important to have some commercial in the HOB, such as a pizza
house, ice cream parlor, and other services for this area. He questioned where the
residents would go when they wanted to purchase something or needed a service.
Mayor Taylor pointed out there would be some mixed areas where commercial would
be permitted.
With regard to the remarks about developers coming in to redevelop Sterling Village,
Mayor Taylor would never support any rezoning that would take the homes away from
the retirees who have worked hard all their lives and have made Sterling Village their
retirement home.
Mr. Barretta would like to see the small parcel of land along NE 8th Avenue that is zoned
C-2, just south of the church, rezoned to mixed-use in the event the church ever sold its
property to be compatible to the abutting rezoning.
Mr. Bressner thanked people for their input and staff will bring back revisions based
upon comments made as well as a pros and cons analysis to all the suggestions made.
Housing Initiative
Wilfred Hawkins, Assistant City Manager, pointed out that Mr. Hutchinson was
distributing a concept that staff is in the process of developing with regard to an
affordable housing ordinance.
Mr. Hawkins explained that adopting an affordable housing ordinance would accomplish
many things. First, a workforce-housing ordinance would provide a clear-cut policy
direction to help a jurisdiction to accomplish its goal of providing affordable housing to a
wider variety of the population. The ordinance would become a guide for people in real
estate and developers to determine what the City's philosophy was towards providing
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affordable housing. Mr. Hawkins pointed out affordable housing ordinances are being
proposed throughout the country.
The proposed ordinance and related Land Development Regulations amendment
includes the creation of the workforce ordinance, in which density bonuses are awarded
for providing workforce housing in very low, low or moderate categories. Mr. Hawkins
explained, as the City redevelops, affordable housing units are lost. As housing costs
rise, the opportunity for homeownership diminishes. The City acknowledges there is a
need to have an inventory of affordable units for the creation of a sustainable economy
and a manageable transportation network. The City is committed to providing housing
for firemen, police officers, teachers and other workers necessary to keep the City
functioning.
The workforce-housing ordinance would allow greater density in order to allow more
housing units than what is currently allowed. The ordinance will have specific
information regarding the density bonus percentages that developers would receive for
their particular projects. The ordinance is based upon HUD guidelines for affordability.
The amount of additional density would vary based upon affordability, home size and
ownership versus rental. The ordinance also provides some density percentages for
affordable rental units. Single-family home development is also permitted and density
bonuses could also be awarded for those homes as well.
Workforce-housing units could be integrated into a project or provided off-site within the
City. This would allow a developer to bring a project into the City and have a certain
percentage of workforce-affordable units within the project itself or provided elsewhere
within the City.
Workforce-housing units must be compatible to exterior design, appearance,
construction and quality of materials and there should be no difference between any of
the units built under the ordinance from other units in the development. The units
should also be in the same proportion as the market rate units. The workforce-housing
units shall remain as such for a period of no less than 30 years and this will be enforced
through deed restrictions. Mr. Hawkins pointed out there are still areas in the ordinance
that need more discussion.
Vice Mayor McCray noted Mr. Hawkins referred to affordable housing for firemen, police
officers, teachers and other workers necessary for the City to function. Vice Mayor
McCray asked Mr. Hawkins what he considered "other workers necessary for the City to
function." Mr. Hawkins responded this is merely a generalization for people who work
everyday, have income and could afford a home, but could not afford the high cost of
market units. Firemen, police officers and teachers were merely used as examples.
Ms. Heavilin asked how the density issue would apply to single-family homes. Mr.
Bressner responded the City's existing programs would continue for single-family
homes. The infill development for single-family detached affordable housing would not
change and the City provides affordable workforce housing through those programs as
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well. Ms. Heavilin did not think many workers could afford single-family homes even
with the existing programs.
Mr. Tillman was opposed to having the ordinance provide that the units would remain
workforce-housing units for 30 years because this would prevent the property from
being updated and could lead to potential litigation. He suggested the City maintain an
inventory of workforce-housing units and determine when units should be taken off the
inventory or when new units should be added. Mr. Tillman would prefer to have the
market govern the units. Mr. Hawkins pointed out the ordinance is still a working
ordinance and warrants further discussion. Staff acknowledged that deed restrictions
might not be the best way to go.
Mr. Fenton reported that recently a developer refused incentives because of the
restrictions placed upon him. He questioned why a developer would build a $200,000
house when he could build an $800,000 house that could be sold immediately. Mr.
Fenton asked what incentives the City would propose to offer developers to build
workforce housing.
Mr. Hawkins responded this is actually a philosophical issue and does the City want to
provide workforce housing. It is important to the economy of the City that housing is
available to the working class sector of the population. It is a necessity to have a
thriving economy for a city the size of Boynton Beach. The City would like developers to
understand what the City is trying to accomplish and to accept this philosophy; i.e. that
there is room for everyone. Mr. Hawkins pointed out the incentives set forth in the
ordinance have worked in other municipalities. He also noted there are developers that
only build work-force housing and make a profit.
Mr. Barretta felt that imposing deed restrictions upon developers causes a hardship for
them. Instead of requiring developers to dedicate a certain amount of their project to
workforce housing, they could give the City the diminished profits they would have
realized by dedicating a certain amount of units for affordable housing. The City could
then accumulate this money and use it to purchase property for affordable housing. Mr.
Barretta also inquired if the City has considered this program for mixed-use high and
mixed-use low projects.
Mayor Taylor also was not certain if a 30-year restriction should be placed on those
units because this would prevent people from making a profit when they sold their unit.
He would like to discuss this as the structure of the ordinance progresses.
Commissioner Ensler inquired how the increased density would be achieved. Mr.
Bressner responded it would be in the design of the project. Commissioner Ensler
pointed out if smaller units were built, there would be less taxes to pay on the unit that
would be a benefit to the purchaser.
Mr. Barretta felt the only way this could be achieved was to allow the ordinance
flexibility regarding the required open space or the height of the building and unit size.
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Mr. Hutchinson discussed establishing a community land trust. Staff is proposing to
establish an independent 501 c(3) corporation with a nine-member community board.
The trust would manage an affordable access portfolio that would contain a variety of
projects. Mr. Hutchinson noted deed restrictions could be problematic. Also, units could
be replaced every so many years. Funds would go into the trust through CRA direct
incentive programs that are already in place. Land could be purchased and then
exchanged for finished units that would also include commercial. Mr. Hutchinson
explained how the trust would manage the portfolio.
Vice Mayor McCray inquired if the nine-member board would be an arm of the CRA or
the City or an entirely separate board. Vice Mayor McCray would like assurances that
lay people would serve on the Board that have knowledge of what the community
needs.
Mr. Hutchinson responded it would be a separate board comprised of a member of the
City Commission, a member of the CRA, and remaining members would be made up of
people selected from a matrix of demographics that would contain ethnic background,
gender, and professional services in order to achieve a well-rounded board.
Mr. Bressner noted that R-3 zoning was not discussed. Mr. Hutchinson stated the intent
of the ordinance was to also apply to R-3 zoning. Mr. Bressner pointed out the intent of
R-3 zoning was to provide affordable housing outside the CRA area. The map displayed
showed the location of R-3 potential redevelopment parcels throughout the City, if the
opportunity arises.
Mr. Greene added when staff looked at R-3 zoning, 10.8 d/u/a was not much for the
intense development district. After looking at this further, staff arrived at 20 d/u/a and
then discussed whether this would merely be allowed or would developers have to earn
20 dIu/a. After looking at this, and in order to achieve affordable-housing, it was
determined that developers would be given an opportunity to earn more density.
Land ACQuisition Procedures
Attorney Cherof addressed this issue and cited a recent case ruled on by the Supreme
Court that confirmed cities have the power of eminent domain. This case has not
effected any change in eminent domain at this time, but there is already talk in some
states to enact some limitation on the use of eminent domain for economic development
projects. Attorney Cherof pointed out as of today there is no limitation on the
Commission's ability to act to acquire private property for a public purpose. It is the
"public purpose" concept that remains the focal point of what a commission must do to
acquire property for public purpose. He pointed out it is difficult to define a "public
purpose," but generally it is a purpose that serves the interest of the public as a group,
as opposed to private individuals.
Attorney Cherof noted the plan the City presented involved a long and carefully thought
out plan. He considered the powers of eminent domain a last resort to acquire property.
CRA representatives have gone out into the community to acquire property voluntarily,
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as opposed to using the eminent domain process. He anticipates this will be the
process the City will follow until it is determined that some properties cannot be
obtained except through the eminent domain process.
Commissioner Ensler inquired how the City and the CRA could avoid competing with
private investors that are vying for the same property. This process could result in the
City losing land because it did not want to pay the price and the land was needed for
public purpose.
Attorney Cherof responded in order for cities to acquire land without getting into a
bidding war would be to act as quickly as possible when the public purpose has been
identified through the public hearing process. He also thought the interests of the
developer and the CRA or City do not necessarily have to be at odds with one another.
The goal of the City and the CRA is to spend its money to advance a well thought out
plan for redevelopment.
Commissioner Ensler inquired if the City was obligated to state when it was interested in
buying land that was for a public purpose. Attorney Cherof felt this was important to
state, and the City or the CRA should not approach a private property to acquire land
unless there was a plan. Commissioner Ensler's main concern was when the private
sector bids against the City and the CRA for the same property and the consequences
of this. Attorney Cherof responded this issue would be addressed with the CRA and
their attorney to develop a strategy to make sure property is acquired at a reasonable
price and is acquired only to enhance the redevelopment plan.
Commissioner Ensler would like assurances when land is being purchase for public
purposes, the public is aware of this. Attorney Cherof said when the City announces it
would be taking a piece of property, the Commission would pass a resolution of intent to
acquire the property. During the public hearing, the Commission should announce what
the public purpose was for the purchase. This same process should be followed by the
CRA as well.
Attorney Cherof pointed out the Community Redevelopment Act contemplated private
development would take over the process at some point.
Ken Spillias, CRA Attorney, confirmed that the expenditure of public funds must always
be for a public purpose. The public purpose is stated in the CRA and the adopted plan.
He also pointed out during the negotiation process, the private property owner should
be apprised of the public purpose.
Mr. Bressner pointed out that the City should not be embracing acquisition of property in
the Boynton Beach Corridor area because that plan is between the CRA and has not
yet been presented to the Commission. After this is done, the plan that materializes
would provide the public purpose for this particular area.
Mr. Bressner noted of the three plans discussed tonight, only two plans have gone
through the process of (1) the CRA has reviewed it and (2) the CRA recommended
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approval of the plan to the City Commission. The Federal Highway Corridor Plan has
gone through this process twice. Even though the Commission has not approved the
Boynton Beach Corridor Plan, staff wanted to bring the Plan to the Commission. Mr.
Bressner pointed out that the public purpose for this plan has not been established.
Therefore, it is not appropriate for the City or the CRA to try to acquire any property
within that Corridor.
Mr. Hutchinson explained that the CRA was charged with acquiring a small group of
properties to start the HOB project three years ago. They have been successful with this
part of the plan. The next step is to move forward with entering into an Interlocal
Agreement with the City to move forward with assembly of certain properties.
With regard to the HOB, Mayor Taylor noted there are private investors coming into the
area with the intent of purchasing property and to help with the process. He questioned
if all the parties were working together for the same purpose, and if the CRA Board was
aware of what the private people are doing. Mayor Taylor wanted to know what must be
done so the parties could, in fact, work together and questioned why the CRA is
spending money to purchase land, when private investors are willing to do the same
thing.
Mr. Hutchinson responded the CRA needs direction and pointed out the CRA is not the
only property owner in phase 1.The CRA has only purchased half of the property and
there are partners for other properties. The CRA would like to send out an RFP to get
proposals to assemble all the land in phase 1. Mr. Hutchinson explained the CRA did
not have to purchase all the property and there are people present that want to form a
joint venture with the CRA by putting up their land. There are seven people in this
category and anyone would be welcomed to the group.
Mr. Hutchinson would like to come up with a process to allow for public for the gateway
into the community. This is something the proposed board could handle.
Vice Mayor McCray inquired what would be placed on the land on the east side of
where the Boynton Terrace Apartments had been located. The citizens in the
neighborhood have voiced concerns and he would like people to have an opportunity to
provide input as to what goes on this property. A private developer has already
purchased the property and he thought the City should have had some input prior to this
happening.
Mr. Greene responded there is a plan for the west side of Seacrest Boulevard to be
developed with single-family homes. The current zoning for Boynton Terrace on both
sides of Seacrest is zoned multi-family residential. He pointed out the HOB plan called
for the elimination of Boynton Terrace that has actually occurred. The current zoning
would actually allow the current owner to build multi-family units. The current owner
could build multi-family units at 10.8 d/u/a on the 4± acres on the west side of Seacrest
if he so desired.
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Vice Mayor McCray said there was fear in the community that people would lose their
homes. Mr. Greene responded the plans for the east side of Seacrest are consistent
with the plan. The issue is what happens west of Seacrest, and Mr. Greene noted this
was an isolated pocket. He pointed out, from a zoning and planning standpoint,
anything on either side of this pocket would have to be single family. Therefore, the
planning and zoning are consistent for everything west of Seacrest except for Boynton
Terrace.
Vice Mayor McCray equated this to mean that anything built either north or south of
Boynton Terrace would have to be single family and Mr. Greene confirmed this was
correct.
Mr. Barretta inquired if there have been talks with the developer to also introduce single-
family residences on the west side of Seacrest and increasing the allowable density on
the east side of Seacrest. Mr. Bressner responded this could not be answered tonight.
Vice Mayor McCray inquired if the homes on NE 8th Street, across from the St. John
property, would be affected by the plan. Mr. Bressner responded those homes would
remain single family and would not be affected by the plan.
Mayor Taylor inquired if a presentation had been made to the entire CRA Board by the
group that is planning to develop the entire HOB. Mayor Taylor had been informed they
have not done this and he recommended the Board listen to their plan.
Mr. Fenton inquired if this was a substantial corporate group that would redevelop the
HOB and Mayor Taylor said they were. Mr. Bressner interpreted this to mean the
Commission was requesting the CRA look at what this group is proposing and
determine if it is a viable plan.
Public Audience
David Zimet, Boynton Beach Faith Based CDC, 2191 N. Seacrest asked how
affordable housing would be addressed in the HOB. He encouraged the City to move
forward with the affordable housing ordinance. He pointed out there are many low and
moderate-income people that could afford to pay a mortgage with some help. He would
like the CRA to determine how to accomplish this so people could buy a home.
Christopher Plummer, a member of the Palm Beach County Affordable Housing
Commission, felt the incentives proposed in the ordinance were excellent. He would
like the City to look at the idea of mortgaging the difference between the sale price and
the appraised value of the unit. Mr. Plummer explained how this process would work by
going through a third mortgage that would only be repaid upon the sale of the unit.
Mr. Plummer noted the Affordable Housing Commission is also looking at equity
sharing. He explained as a unit appreciates, people are tempted to sell it before they
really want to sell it, and in that event they would have to share part of their profits.
13
Meeting Minutes
Joint City Commission and CRA Workshop
Boynton Beach, Florida July 18, 2005
Mr. Plummer inquired if the incentives were inclusionary or was inclusionary rezoning
part of the ordinance. Also, would this be a voluntary or mandatory program. He said
there is nowhere in the United States where a voluntary density bonus program has
worked. In order to provide workforce housing, it would be necessary to have
mandatory provisions, otherwise you would have to rely on the "good heart" of
developers.
Mr. Bressner responded that the City took the voluntary approach, but will look at the
data Mr. Plummer provided to determine if this approach needed to be modified.
Mr. Plummer announced that the Palm Beach County Commission has charged a task
force to work on developing incentives and programs to address workforce housing. Mr.
Plummer offered his support for the City's initiative.
Deise Silverio noted the 1-95 intersection at Boynton Beach Boulevard is the gateway
to the City, but pointed out there is no concerted effort to improve the appearance of
Galaxy Elementary School. Mr. Silverio felt the School was a poor gateway to the City
and requested the School District be approached to fix up the school.
Larry Finkelstein reported no one slipped in and bought the Boynton Terrace property.
Mr. Finkelstein intends to be a good neighbor and will work with the City in redeveloping
the property.
Mayor Taylor announced that Mr. Finkelstein purchased the Boynton Terrace property
and Mr. Finkelstein said it is under contract
Ms. Gertrude Sullivan, President of the Boynton Terrace Association, said they
were not in favor of having townhouses and would like to see single-family homes
developed.
Elouise Fullwood, 207 NE 7th Avenue said when the Boynton Terrace Apartments
were torn down, they were told single-family homes would be built in its place and she
did not want to see any other kind of development.
Mr. Bressner pointed out that was the reason staff has made the recommendation that
single-family homes be built west of Seacrest.
Elizabeth Jenkins, President of the Boynton Hills Association, reiterated the
residents were told there would only be single-family homes built and the City should
stand by their promise.
Mayor Taylor pointed out if only single-family residences were built, less housing would
be available.
A local realtor spoke and said he has been working with the CRA assembling land in the
HOB between NE 4th and NE 5th Avenue, east of Seacrest. He felt if the density were
lowered, it would be impossible for a developer to build something that would be
14
Meeting Minutes
Joint City Commission and CRA Workshop
Boynton Beach, Florida July 18, 2005
satisfactory to the community and the developers would be discouraged from doing
anything in the City. Density was the best way to address affordable housing and
anything less than 20 d/u/a would be detrimental.
A representative for Habitat for Humanity reported that two homes were turned over to
homeowners this week and they need more land to build affordable housing.
Sharese Gillard, a teacher at Galaxy Elementary School indicated her mother will be
displaced. She wanted to find out what affordable housing would be available for her
mother. Ms. Gillard responded that $249,000 was not affordable housing and asked if
there would be housing available under $249,000 for people to purchase that have been
displaced from their homes to purchase.
Mayor Taylor pointed out there are ways that people could purchase homes that had
been discussed earlier and the City is looking at ways to further accomplish this.
Pastor Lance Chaney of St. John Missionary Baptist Church commended the City
for being proactive in bringing workforce housing to the City. He felt it was absolutely
imperative the City be able to provide housing for the teachers at the Church's Charter
School. If teachers cannot find a place to live, it becomes an obstacle to bring in new
teachers. He noted this situation is eminent througl:1out south Florida.
Reverend Chaney pointed out the eminent domain issue has brought great fear into the
homeowners in the HOB area. He was opposed to the City taking property for private
developer's gain. He further felt that people that purchased $250,000 townhouses along
Seacrest would not want to live next door to the existing blight. This has caused fear
among the residents that their property would be taken for more development.
Reverend Chaney was in favor of the 10.8 d/u/a for the HOB and if it were developed
with this density, a developer could still make money. He also pointed out that great
density eventually turns into blight 20 to 30 years down the road.
Mr. Finkelstein said he would be very happy if the density was 10.8 dIu/a.
Mr. Greene noted density could be many things. He recommended people go look at
the following developments and their associated densities -
· Merano Bay is a residential development east of Federal Highway, north of the
C-16 Canal. The density for this community is at 11.4 dIu/a.
· The Seaview Park Village that is being proposed by Lennar in INCA is a
development at 18.3 diu/a.
· The Harbors at Gateway and Federal Highway is 16.8 dIu/a.
Christopher Plummer pointed out there are many private developers that work with non-
profit organizations to build affordable housing.
15
Meeting Minutes
Joint City Commission and CRA Workshop
Boynton Beach, Florida July 18, 2005
Sister Lorraine Ryan, 145 NE 4th Avenue, representing the Women's Circle,
applauded the efforts of the City's proposed workforce ordinance. She would like
affordable rentals included in R-3 zoning. She also noted Section 8 housing could be
available.
Sister Lorraine referred to the signs that have gone up on the west and east side of
Seacrest Boulevard advertising the Ocean Breeze development of 37 town homes. She
hoped if these townhouses were sold at $250,000 per unit, the developer would provide
a community center that would serve as a community health center.
Mayor Taylor said the City was focusing on homeownership and noted it was less
expensive to obtain a mortgage on an affordable home than paying rent on an
apartment.
Conclusion
Mayor Taylor thanked everyone for attending and commented upon the tremendous
amount of input that was provided. He also thanked the Commissioners and the CRA
Board members for their attendance.
Mr. Bressner wished to thank City and CRA staff that has been diligently working on
these projects:
For the CRA: Vivian Brooks, CRA Planner
Lisa Bright, CRA Assistant Director
For the City: Hanna Matras, Economic Planner
Dick Hudson, Senior Planner
Mike Rumpf, Planning and Zoning Director
Eric Johnson, Planner
Mayor Taylor announced that State Representative Anne Gannon was present and
thanked her for attending. Ms. Gannon received a hardy round of applause and Mayor
Taylor noted that State Representative Gannon worked very hard on behalf of the City
to obtain funds for the Boundless Playground and will be doing so again.
Ms. Heavilin asked what the next step would be and would this group reconvene. Mr.
Bressner was in favor of this and would contact the parties after the notes from the
meeting are reviewed.
Angela Girtman, 1920 NE 1 st Lane, suggested that people who are considering selling
their property should make up a "pro and con" list on whether to sell to the CRA or a
private party. This would help them make a decision.
Further, Ms. Girtman would like to see neighborhoods built and not just putting up
townhouses. She would like to see housing for the elderly, housing for families with
children, and housing for elderly with children.
16
Meeting Minutes
Joint City Commission and CRA Workshop
Boynton Beach, Florida July 18, 2005
Mr. Greene pointed out only the City and the CRA provide relocation in conformity with
the Federal Uniform Relocation Guidelines.
Samantha Simons, In-town Development Group, said they were involved in the HOB
project for the past several months and they provide relocation programs that conform
to the Federal Uniform Relocation Act. They want to be part of the neighborhood and
she wanted the community to be aware of this.
Adjournment
There being no further business, the joint City Commission and Community
Redevelopment Workshop concluded at 8:58 p.m.
Transcribed by:
,Á~,-/k , /VL1t~
Recording Secretary
(August 1 , 2005)
S:\CC\WP\MINUTES\COMM\071805workshop with era.doe
17
OITY OF BOYNTON BEAOH
Joint Meeting of City Commission and
Community Redevelopment Agency
Monday, July 18, 2005
Boynton Beach Library Program Room
1. Review of Cun-ent Redevelopment Plans for Federal Highway Corridor, Boynton
Beach Boulevard and Heart of Boynton.
Comment: Staff will present a series of maps showing the current approved
redevelopment plans for the Federal Highway Corridor and Heart of Boynton. In
addition the Boynton Beach Boulevard Plan will also be discuss though this plan has not
received final approval of the City Commission. The purpose of the discussion is to
review possible refinements to the plans for the three corridors. (The maps are attached
to this agenda.)
2. Affordable Housing Initiatives
Comment: Staff will discuss three elements of an affordable housing initiative. The first
is an affordable housing ordinance designed to provide financial incentives for
affordable housing programs. The second is the possible establishment of a
Community Real Estate Land Trust program that will secure and hold property for
affordable housing, non-profit agency use and small business opportunity. The third
element of the affordable housing initiative concerns a possible revision to the City's R-3
(multi-family) zoning to allow density bonuses for qualified affordable housing
programs.
3. Funding Mechanisms for Affordable Housing
Comment: Staff will discuss the status of the Section 108 HUD Loan Program. The
program has a limited national re-authorization of $275 M and there may be a window of
opportunity for the City to pursue an application. There is no planned federal
authorization for 2006. In addition, the staffs of the City and CRA have been
collaborating on the concept of a bond issue for affordable housing initiatives in the
CRA area to further assist in the cost of land purchase or other methods to provide
affordable housing.
4. Land Acquisition Procedures
Comment: Legal staff will present information on the impact of the US Supreme Court
case on local land acquisition efforts for redevelopment projects.
5. Adjoumment:
Workforce Housing Ordinance
Concept Draft
July 18, 2005
The proposed ordinance and related LOR amendment includes the creation of an
Workforce Ordinance for the City of Boynton Beach, in which density bonuses
are awarded for the provision of workforce housing in the very low, low or
moderate category.
The goal of the proposed Ordinance is to create workforce housing units within
the City of Boynton Beach. As Boynton Beach redevelops, affordable housing
units are being lost. Adding to the shortage are the double digit increases to
housing prices reducing the opportunity for home ownership for many families.
The City also recognizes the need to have an inventory of affordable units for the
creation of a sustainable economy and a manageable transportation network.
The City is committed to providing housing for firemen, police officers, teachers
and other workers necessary for the City to function.
The creation of the Workforce Housing Ordinance is being implemented in
accordance with the adopted Redevelopment Plans of the CRA and the City of
Boynton Beach Comprehensive Plan. The Workforce Housing Ordinance would
allow additional density above the base number of units permitted under existing
codes, based upon provision of workforce housing units. The amount of
additional density would vary based upon affordability, home size and ownership
vs. rental units. Greater density percentages are allotted for very low vs. low or
moderate, for larger 3 or above bedroom homes vs. 2 bedroom homes, and for
ownership units vs. rental units. The resulting workforce housing units can be
integrated into the project or provided offsite within the City of Boynton Beach.
The workforce housing units are to be compatible in exterior design, appearance,
construction and quality of materials and contain comparable HV AC systems and
appliances as the proposed market units. Further, the developer shall endeavor
to provide workforce housing units that include unit types in the same proportion
as the market rate units. All workforce housing units are to remain workforce for
a period of no less than 30 years and will be enforced through recorded deed
restrictions.
Pursuant to LOR Section 9. C. 1, approval of an LOR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals,
Objectives, and Policies of the Comprehensive Plan. This amendment furthers
the following Comprehensive Plan Objective 6.3.
C:\Documents and Settings\brooksv\Local Settings\Temporary Internet Files\OLKFD\AccesibleHseconcept.doc
1
Community Real Estate Trust
Concept Draft
July 18, 2005
Sustainable Affordable Access for
Workforce Housing, Market Adjusted Business Rents and Small Business
Development
Affordable Access is seen as one of the greatest public issues facing communities in
America today. The definition of Affordable Access, as contemplated in this program, is
determined as housing available to persons earning between 50% to 120% of the
median county income as set by HUO. This is also called "Workforce" Housing. The
program proposed also covers market rental or purchase rates for small locally owned
businesses. "Below" market rates and/or pricing would imply at least a 30% reduction
over comparable local lease or sale rates.
The problem of Affordable Access is more acute in cities that have significant
redevelopment activity or have been experiencing growth. As Boynton begins its
movement to redevelopment, affordable existing structures are being replaced by new.
The process has doubled the impact of reducing the number of existing Affordable
Access units and redevelopment activities which create new space but at a higher cost,
therefore taking the new space out of the Affordable Access market.
The Boynton Beach CRA has been a leader in encouraging Affordable Access with our
Direct Incentive Program which requires below market access for sales and/or rental of
residences and business space in larger scale redevelopment projects. This program
sets the term of the Affordable Access elements on both rental and ownership at 10
years. Therefore, the Direct Incentive Program does significantly address mid-term
issues.
The ultimate challenge is long-term and sustainable Affordable Access. This solution
should contain several elements. Those include, but are not limited to:
· Public or Community Input/Control to:
o Manage Affordable Access portfolio of "owned" properties.
o Identify Types of Housing and Business Needs.
o Set Standards for the Needed Product(s).
o Evaluate Candidates for Program Access.
· The program should not create large low-end "project" rental complexes.
· The program should foster ownership and mixed income neighborhoods in
diverse areas.
· The program should be established by a capital infusion that provides ownership
of real property by a public entity to enable sustainable cash flows to assure
future program activity.
Page 1 of 2
Doug's Shares Y:ICommunity Real Estate TrustlLand trustlCommunity Real Est Trust workshop doc
The Affordable Access effort may be best addressed by three elements: One being a
City Affordable Access Ordinance to achieve enforcement and define certain incentives;
another is a non-profit Community Real Estate Trust to oversee long term Affordable
Access and hold Affordable Access assets, and the third is the CRA's Direct Incentive
Program.
Page 2 of 2
Doug's Shares Y:ICommunity Real Estate TrustlLand trustlCommunity Real Est Trust workshop. doc
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MU.LOW1 -- MIXED USE LOW
Maximum 45 foot Height
Maximum 20 du/acre
FAR 1.0
Maximum 45 foot Height
10.8 du/acre (with the possibility
of 20 du/acre)
Maximum 30 foot Height
7.26 du/acre
Maximum 30 foot Height
5.8 du/acre
R-3 - MUL TI-FAMIL Y
R-1 . SINGLE FAMILY
R-1A
R-1A - SINGLE FAMILY
R-1AA
R-1AA - SINGLE FAMILY
Maximum 30 foot Height
5.4 du/acre
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FEDERAL HIGHWAY CORRIDOR AND HEART OF BOYNTON
ADOPTED REDEVELOPMENT PLANS
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Legend Zoning
_ MU-H Mixed Us. High N
- Mu-&. Mixed U.e Low ...'
- C2 Neighborhood Com_reial
M1 Industrial s
0 262.5 525 1,050 1,575 2,100
PU Public Usage - - Feet
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- R3 Multl-Family
.. RI!C Recrwatlon
Federal Highway and Heart of Boynton
Current Zoning
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GREENIIRtAII DR
IIIIOOKlW.E DR
R1AA
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CAST/UAI.N
SHORE DR
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Legend
c:J Planning Area I
Planning Area II
c:J Planning Area III
c:J Planning Area IV
t::J Planmng Area V
c:J City Boundary
Zoning
C RIMA SlOgle Family
~ R1AAS Single Family
[~ R1AA Single Family
D R1A Single Family
D Rl Single Family
R2 Duplex
_ R3 Multi Family
_ PUD Planned Unit Development
Cl Office Professional
_ C2 Neighbomood Commercial
_ C3 Community Commercial
_ C4 General Commercial
_ CBO Central Business District
_ PCD Planned Commercial Development
D Ml Light Industrial
_ PID Planned Industrial Development
_ PU Public Usage
_ REC Recreation
_ AG Agriculture
_ IPUD lnfill Planned Unit Development
MU-L Mixed Use Low
_ MU-H Mixed Use High
0.'
lil65
Source: Development Dept., Planning and Zoning
Copyright Palm Beach County Florida, 2000 - 05
All Rights Reserved. Subject to a License Agreement.
Date: July 15, 2005
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