Loading...
Minutes 11-29-05 MINUTES OF THE JOINT WORKSHOP WITH THE CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY HELD AT THE CITY OF BOYNTON BEACH SENIOR CENTER, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 29, 2005 AT 6:30 P.M. Present: City Commission Community Redevelopment Agency Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Marie Horenburger Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Lisa Bright, Interim Director Ken Spillas, Board Attorney Mayor Taylor called the meeting to order at 6:33 p.m. Mr. Bressner reviewed the agenda items, anticipated procedure and time frames allotted for each item on the agenda. Mr. Barretta requested an opportunity to make a short presentation after Howard Kohn of the Chesapeake Group. I. Evaluation and Appraisal Report (EAR) Presentation of final EAR prepared pursuant to Section 163.3191 F.S. and to be ultimately adopted by the City Commission and transmitted to the Florida Department of Community Affairs. Dick Hudson, Senior Planner, explained the Evaluation and Appraisal Report (EAR) is required by State law. The format, however, had changed from previous reports and now required central issues. During 2004 workshops a list of suggestions were made and the work on traffic, affordable housing and potable water were designated. Each element of those issues was examined in detail. Mr. Hudson advised with the potable water, sharing wastewater with Delray 50/50 would be the focus. After the last two years with the hurricanes, the City of Boynton Beach was using 97% of the allotted capacity. In the short term the capacity will be sufficient; however, the anticipated build out will cause problems. The land use policy was reduced from the development atlas and each element of the plan was examined. Changes may be required to identify future land use. The transportation segment was in good condition according to Mr. Hudson. Also recreation and open space along with the schools would not be an issue. Capital improvements would need to be done yearly. A handout relating to the timelines was Meeting Minutes Joint Workshop Commission/CRA November 29,2005 distributed. Mr. Hudson explained twelve months after a finding of sufficiency the elements would need to be adopted. A six month extension could be requested. If the report is found to be insufficient, twelve months are allowed for correction. If the EAR is not adopted, no more amendments to the Comprehensive Plan can be adopted. It was the recommendation of staff that the EAR be adopted by the Community Redevelopment Agency (CRA) and the Commission. Commissioner McCray asked it the transportation was in line with the County and Mr. Hudson confirmed that it was in agreement. Commissioner McCray also wanted it understood the Commission made the final decision. Mr. Hudson asked that each Board make a recommendation. Mr. DeMarco inquired what percentage of water usage was within the City limits. Mr. Hudson advised water service was provided outside of the City. Mr. Bressner related that the service population is approximatelyllO,OOO with 63,000 within the City limits and approximately 55,000 outside of the City limits. Mr. Myott mentioned there did exist a conflict between the transportation plan relative to hurricane evacuation and the number of people in certain areas. Quintus Greene, Director of Development, commented at one time the impact of each development on evacuation time was studied, especially tor the areas east of Federal Highway. Commissioner McCray asked when the impact was last checked and Mr. Hudson responded as recently as two months ago, but not since the last hurricane. II. Review CRA Corridor Plans for Boynton Beach Boulevard, Federal Highway and Heart of Boynton. The purpose of this item is to review possible refinements to the three corridor plans. Narratives and maps showing current plans and proposed refinements will be presented. The Federal Highway and Heart of Boynton Plans have been approved by the City Commission. The Boynton Beach Boulevard Corridor Plan and the Woolbright Corridor Plan have not been approved by the City Commission. Mr. Greene explained the Federal Highway Corridor plan was the first partial update of the Community Redevelopment Agency (CRA) Plan. The Heart of Boynton (HOB) Plan was the second partial update of the CRA plan. Comments from the last meeting regarding staff proposals have been considered and in some instances incorporated into the proposed plans. The first area Mr. Greene discussed was the area adjacent to Sara Sims Park which is designated C-2 along with St. John Church and the intersection of Martin Luther King (MLK) and Sea crest. The contradiction is the plans call for expansion of the Sara Sims Park and elimination of commercial uses west of Seacrest. Due to current problems the community did not want those uses. The recommendation was that the area become recreational as part of the expansion of the Sara Sims Park. The second parcel was the former Boynton Terrace, west to Ocean Breeze. The Heart of Boynton plans call for everything west of Seacrest to be single family. Currently, multi family is being developed. Mr. Greene recommended to allow multi family and townhouse development as it would affect the overall character of the area. 2 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 The third area discussed was the St. John Baptist Church and the plan called for C-2 zoning. Staff's recommendation was for a mixed-use zoning proposed for the intersection of MLK and Seacrest south. Mr. Greene referred to the third area being the southeast part of HOB currently zoned mixed-use low. It was felt that the mixed-use designation should be concentrated at major nodes such as Seacrest and Boynton Beach Boulevard. Staff's recommendation was to zone the area R3 or multi family, a less intense category providing a better transition toward the intersection. As you enter Boynton Beach from I-95, the current zoning goes from a mixed-use low one to mixed-use low three to mixed-used high intensity. Mr. Greene contended it would make more sense to change it all to mixed-use low three as it is at the intersection which is a significant commercial node and would serve the entire area downtown and the Heart of Boynton neighborhoods both south and west. It would become a much more attractive commercial location. The next area discussed was an industrial area along the east part of the HOB along the railroad. Mr. Greene suggested the area remain industrial and maintain light industrial up against the multi family area. He stressed Boynton Beach does not have heavy industrial. Mr. Greene then addressed the second planning area being eight, along Federal Highway and nine the INCA area. The land use designation in the plan called for mixed-use. The existing zoning and existing uses on the ground, however, are R-1 and R-1-A. Realistically, Mr. Greene did not foresee the area ever becoming mixed-use. It was his contention the land use should be changed to what exists on the ground. The depth should be one lot deep but could not be a fixed depth, but vary by development, as long adjacent properties are residential. Mr. Greene moved on to the Federal Highway and Woolbright Road intersection suggesting the entire intersection should be fairly intense mixed-use. This would deviate from the wedding cake effect previously planned with high intensity in the middle and stepping down on the north and south ends with the lowest density last. This concept would deliberately interject the potential to go up to 75 feet at Federal Highway and Woolbright and lowest at the I-95 intersection and the bridge across the Intracoastal. There is a study underway and a Notice of Intent and the plans call for no commercial on the west side of Seacrest. The residents have been concerned about the kinds of commercial use there now and what was likely to be added, especially if a commercial node exists at the intersection of Sea crest and Boynton Beach Boulevard. Staff recommended the area be part of the single family residential. Mr. Greene illustrated the neighborhood north of MLK and east of Seacrest in the plan calls for R-3 multi family north to the property line between 11th and 12th Street. Previous meetings and the nature of development had been to have development in the MLK corridor stop at the property line between 10th and 11th. In the past several years there has been infill of single-family homes along 11th between Sea crest and the railroad. Mr. Greene recommended the original intent should be followed making the entire area R-l. The HOB area should be kept as the core area for rehabilitation and infill. The idea would be to retain the character of the community and to conduct surgery to solve the specific problems in the community. Mr. Greene believed there was interesting potential in the area going south along 4th Street and the railroad along a fairly wide street. The proposed Lofts development provided an 3 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 opportunity for a transition from mixed-use low two to go to mixed-use low one. This would also create a transition to Pence Park. The other area is higher density with R-3 along Southeast 4th near Southeast 12th. Commissioner McCray requested a definition of the designation multi family. Mr. Greene explained it was 10.8 du and height of 35 feet in the development being proposed. Commissioner McCray suggested what the people wanted done in District II has been done elsewhere and perhaps the opportunity for District II had been compromised. Mr. Greene reported the proposal had gone through staff review but had not been brought before the CRA. He felt there was opportunity for more. Reverend Lance Chaney was concerned that a change from commercial use to mixed-use around the St. John Baptist Church would affect parking, vegetation, and the possibility for building a family life center if the zoning were changed to single family. He inquired if the change to commercial use could be moved another block south. Mr. Greene advised the area of the Church is C-2 zoning which is very rigid while the mixed-use designation is more flexible and would not infringe on the Church's plans. Commissioner McCray cautioned if a developer bought the whole block as mixed-use the entire area could be drastically changed. If the owner would then default on a loan the problems that exist now could be recreated. Mr. Greene emphasized that any owner has the right to request a rezoning. If the Church wants to remain C-2 or go to mixed-use, a request for a variance can be requested. Mr. Barretta asked if the current mixed-use zoning allowed churches. Mr. Rumpf reminded everyone the transition would be from a two mixed-use system to four mixed-use designations. The majority of allowable uses have not been established. Templates have been gathered. Mr. Greene continued explaining the west side of Seacrest has been planned for single family and staff concurs with that zoning. However, there is a portion that is currently zoned R-3 and the developer proposes a townhouse development that complies with the existing zoning on the ground. Mr. Greene clarified staff assures there is compliance and sufficient side yard setbacks, and then forwards the request to the CRA and Commission. A member of the audience asked if the Community would then have any input and Mr. Greene outlined the process including the time when community input before both the Commission and CRA would be permitted. The question was also asked if the developer would have the right to submit the proposal and Mr. Greene replied yes. Mayor Taylor stressed no money had been given to any developers and the owner of a property has the right to develop the property according to the Code. If all the rules are followed the proposal cannot be denied without subjecting the City to possible legal ramifications. Reverend Chaney wanted to know how difficult it would be to get the zoning changed. He voiced his concern if the area south of 8th Avenue would change to multi family it would stifle the growth of the two churches in the area. Mr. Greene noted churches are unique and can go into single family areas depending on the size of the church, location and traffic flow. He emphasized the regulations are still evolving and the needs of the people have to be 4 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 understood in view of the proposed mixed uses. Mr. Rumpf compared the existing zoning going from R-2 to R-3 increasing the developmental potential and not restricting the use. Ms. Heavilin questioned the possibility of adding more R-3 on the west side of Seacrest north of Boynton Beach Boulevard where there is mixed use low. She contended the workforce had a need for affordable housing and since the inception of the plan, building costs have gone up so the same type of projects cannot be built. She felt more multi family areas should be added to buffer and tie into the intersection. Most of the changes, in her opinion, were on target but one area that needed change would be industrial and light industrial south of the railroad tracks. Mayor Taylor agreed staff had done a great job with the proposed changes and work on the HOB plan. Mr. Greene was right on target with the area west of Sea crest with major emphasis on stabilizing the single family neighborhood on the east side. The intent of the plan was to look for opportunity to increase the availability of services and jobs. The suggestions enhanced the chance for affordable housing based on changes in the market to better the area along MLK to the east and the mixed-use low one being bumped to mixed-use three would garner more density . Mr. Greene commented the rationale is where to concentrate the commercial mixed-use for that component. It all would go back to the point the reason mixed use low is expanding west, Boynton Beach Boulevard is the corridor and with more intense commercial development, the node will provide a commercial hub for the entire area. It will not have any effect on the low density residential area. Mr. Rumpf added most of the area would be mixed use high and not let the growth sprawl and yet address the edges to transition down and up. This concept would address the appearance, intensity and density. Mr. Greene noted there would be four mixed-use districts without including Congress Avenue. He speculated too many mixed-use districts would not be needed. Ms. Horenburger questioned where the people would go with all the redevelopment at the Seacrest and Boynton Beach Boulevard intersection as the commercial node is created. She noted the Church had just been remodeled and the post office is on the corner. She asked if the commercial development envisioned a neighborhood Publix. Mr. Greene responded the plan was to identify the opportunity and create it in the Code. Ms. Horenburger further asked if the former Boynton Terrace location west of Sea crest as multi family and fee simple homes would not allow single family units under the Code. Mr. Greene cautioned the intent was only to prevent an extension of the kind of commercial uses that exist along MLK down the street. Ms. Horenburger asked how single-family homes along Sea crest could be prevented or discouraged. Mr. Rumpf replied that fact had not been ignored and staff realized four to six lots would front on Seacrest and not be redeveloped. The townhome units would not front onto Seacrest. Mr. Greene purported the lots were part of phase one of the HOB plan and could be acquired. Mr. Barretta asked if the intent was to acquire them all to eliminate commercial along Seacrest. Mr. Finkelstein remarked the west side mixed use is proposed to be R-3. He asked if any thought had been given to increase the density. With rising construction costs it had become impossible to do affordable housing units. He also suggested giving a density bonus. 5 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 Howard Kohn summarized the retail study he had completed for the CRA for the purpose of attracting and keeping businesses within the CRA area. His analysis was two pronged using a comparative assessment with other cities and an industrial and professional services assessment. Mr. Kohn also did demand forecasting. He reported office work in the larger area is really the driving force on retail and the retail cannot exist without rooftops. Congress Avenue will continue to dominate. Boynton Beach has grown and is running out of virgin land which is a positive for the CRA and redevelopment. He contended there was a high demand for residential compared to other cities. Growth factors include new household, demographic changes and office employment. The entire county will have expanded office development. Opportunities from growth are 50% in Boynton Beach while only 4% in Palm Beach County. Mr. Kohn's analysis revealed the CRA will have a higher average income because of the Intracoastal. His contention was if the retail is placed in a strip it will have marginal benefit. He felt the retail needed to be integrated into residential. Any restaurants would need to be brought into the mix at the beginning planning stage. Maximization of the waterfront is critical. Mr. Kohn held the Chamber of Commerce should take a lead on existing business opportunities. He contended most of the residential should be along Federal Highway and one or two blocks in depth. According to Mr. Kohn, the CRA should focus on office space in a variety of forms and could go along MLK and other corridors. Currently the total number of dwelling units is in the minimum range and should be increased. The goal in his estimation should be to control retail along Federal Highway with most residential units also along Federal Highway. Mr. Myott asked if the retail should be the whole length of Federal Highway or broken up. Mr. Kohn reiterated the residential should be integrated with retail in structure. Mr. Myott felt all fronts should be retail uses. Mr. Kohn contended it should be active space, but not all retail. A person in the audience questioned if the commercial on Federal Highway, Seacrest and Boynton Beach Boulevard would compete with each other and remain sustainable. Mr. Kohn replied further study would be needed along with review of the developments. Mr. Barretta maintained the study was done to find out how many residential units would be required to create the downtown envisioned by the City and CRA. He contended the units that have been eliminated have to be redistributed until a further study is complete. His second concern related to the skyline and the wedding cake effect proposed. Mr. Barretta proposed an adjustment in height and density increasing the 75 feet to 100 feet and increasing the 45 feet up to 75 feet or 65 feet which would replace the 2000 units eliminated and preserve the skyline. Commissioner McCray questioned how the proposed change would affect the residential areas located behind the skyline. Mr. Barretta replied it would involve careful planning along the edges to not create a drastic step down in height. The shadowing effect would still be a concern for Commissioner McCray and he felt replacing one and two story blight with seven story blight in the future was not the answer. He inquired about the qualifications of Mr. Barretta who responded he was an architect. Mr. Finkelstein applauded the idea of going back to finish the study to support the downtown. He felt the area of Ocean Avenue to town center is a vibrant area and softening the drops 6 Meeting Minutes Joint Workshop Commission/CRA November 29,2005 between heights and losing dwelling units would be a huge mistake. Adding more units in the area of the Heart of Boynton that needs more density should be addressed. Mr. Bressner summarized the options of the Commission and the CRA for changes but cautioned doing too much too fast especially if it is done in the wrong area. Mr. Barretta agreed and stress the City could not afford to lose any residential units. Mayor Taylor offered his opinion that the worst scenario would be to create store fronts that could not be supported by the population and would result in empty store fronts. Mr. Myott suggested the store fronts and restaurant should be concentrated in retail areas in several locations along Federal Highway. He did not like the concept that every development have a retail store on the bottom floor. Mr. Barretta recognized the fact Ms. Brooks would need to look at the kind of uses as it may be more appropriate to have office space rather than retail as long as the bottom floors were active space. Mr. DeMarco alleged more density would further intensify traffic and parking problems. Ms. Brooks remarked the land bank had plans for future parking. Ms. Horenburger's opinion was too much office space would quell retail. She agreed with Mr. Myott's idea of clustering retail in certain areas within walking distances. Commissioner Ensler wondered what the turnover and vacancy rates on commercial properties over a period of time had been in Delray Beach since it was similar in size to Boynton Beach. Ms. Heavilin indicated Delray had just completed a retail study. A member of the audience stressed the transition from 45 foot to single family residential would be difficult. Mr. Barretta noted west of the INCA development is a narrow strip that would never reach the heights suggested. Reverend Chaney agreed with the Commission and City Manager that the MLK corridor should not have tall buildings. Ms. Horenburger contemplated the addition of Scripps to south Florida might accelerate the railroad and transportation usage requiring a station at the heart of the downtown area. Mayor Taylor thanked Mr. Kohn and Mr. Barretta for their presentations. III. Affordable Housing Initiatives Present proposed Workforce Housing Ordinance, proposed Real Estate Trust, and will discuss affordable housing issues and potential funding sources for affordable housing. Consider how the ordinance is applied and to insure that the ordinance would be effective. Ms. Brooks noted the current plan for the Heart of Boynton calls for single family. Phase one is for mixed use and single family redevelopment north of MLK and multi family on the east down to Boynton Beach Boulevard. Phase one of the redevelopment undertaken by the CRA on the east side of MLK and Seacrest should go out for RFP in February. She reviewed the 7 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 improvements being undertaken by the City at the Wilson Center and the CRA projects along MLK and improvements at Sara Sims Park. She admonished that along the CRA corridor, gas stations are not included in the redevelopment plans due to the Code under mixed use. If Boynton Beach is going to be a vibrant 24-hour City, some of these services will be needed in the area. She further cautioned that if affordability is desired, there will need to be an element of flexibility and impediments to developers should be minimized. Ms. Brooks noted the median household income for Boynton Beach is $43,609 and maximum mortgage is $138,000. The median price of a new house is $353,000 and used $299,000, condos are at $224,000. The methods to address the gap are inclusionary zoning, buy down vouchers or community land trust. The County has proposed that mandatory inclusion be set at 20% for new development. Increasing density is the least expensive approach. Developers prefer inclusionary zoning where the City requests so many units be designated affordable and in return the developer gets more units with no land costs. The buy down vouchers have been proposed by the CRA bond issue with monies set aside that families can qualify for similar to the SHIP buy down program. Ms. Brooks explained families can qualify for a $75,000 down payment and there are no houses available. The CRA is proposing an additional buy down of $25,000 to help close the gap. A second mortgage would be required. Ms. Brooks indicated a community land trust is yet another vehicle that can be used that creates an entity that will buy and hold land or units so they will remain affordable. Currently there are 8,000 units in process throughout the City. Ms. Brooks submitted a draft inclusionary ordinance and showed a slide presentation of examples of affordable housing. The exterior of the units remain the same; however, the interiors are very different. The benefits are no land costs on the affordable units, they can be created throughout the City, it would not recreate slums and there would be zero cost to the City. It also creates a stronger economy and reduces strain on the road system and does not slow development activity. If the unit would be sold it would have to be sold back to the land trust or another pre-qualified income level buyer. Ms. Brooks suggested a housing needs assessment would be needed to determine what percent of affordable housing would be required and the level needed based on the population and projected growth. Mayor Taylor asked how the monies expended for the down payments would be retrieved if the units were sold. Mrs. Brooks explained the units cannot be sold for profit. The SHIP monies are totally reimbursed. With inclusionary zoning there would be an equity qualifier. The land trust concept would have the first right of refusal to buy units. Commissioner McCray asked Octavia Sherrod how much SHIP money was currently available. She answered about $lM. Ms. Brooks continued, indicating the community land trust can purchase, develop and sell land, administer the affordable units created through inclusionary zoning and assure the affordability units remain in the trust. She advised a land use attorney had been consulted to work through the details. Mr. Bressner mentioned staff envisioned the affordable housing plan be extended throughout the City eventually and not just in the CRA area. He commended the CRA for the work already done. 8 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 Mr. Tillman felt the concentration should be to provide affordable housing and sustain the affordable housing. Ms. Brooks further described the side-by-side design of affordable zoning adjoining regular housing units. Ms. Bright suggested another workshop could be done as early as January. Mayor Taylor stressed there needs to be a great deal of flexibility and Code changes will need to be made. A member of the audience suggested credits could be given to existing homes for rehab rather than new homes. Ms. Brooks advised developers can buy units offsite rather than on site and build individual affordable housing to meet the requirements. Flexibility is the key to success when it involved affordable housing. Mr. DeMarco mentioned that a federal office called Workforce had opened in his area and could be most helpful to locate housing and jobs. Commissioner McCray maintained the residents of District II were not seeing any changes or any development. Meetings were held, information was gathered many times and yet the residents were not seeing any progress. The CRA was created to get rid of blighted areas and yet they still exist in District II. Ms. Brooks asserted the HOB project was a catalyst, not a solution to the existing problems. Mr. Tillman thought one issue is the project is not moving fast enough and other issues have taken priority. Prices escalated in the interim and speculation had ensued. Differences should be set aside and the HOB should be moved forward. Two members of the audience felt there was optimism now that things will happen. Mr. Finkelstein offered the suggestion that the C-2 area on Sea crest should be changed to R-3 that would allow more units and a nice border into the single family homes. He also contended it would be important to know when the land use and zoning would be changed in conjunction with the RFP. Mr. Rumpf advised the CRA had special provisions that may exceed density on a small scale. Large scale changes require an eight to nine month time frame after a submittal date. IV. Heart of Boynton Plan Phase I Implementation Review the Heart of Boynton Plan Phase I presenting the map showing the designated area and illustration depicting improved Sara Sims Park and Cemetery, new single family home neighborhood, and new mixed-use development consisting of retail and residential units. Mr. Bressner suggested the staff and CRA need to determine an action plan whether it would be a major site plan modification. If so, the timeline would have to be established for the April submittal to the DCA. Some work may be done on a small scale change. Analysis needs to be done and recommendations made to the CRA and Commission addressing any projects that could move forward in the mixed use classifications in the HOB area. Mr. Tillman wanted everyone to understand the CRA and Commission are working together and progress is being made. Commissioner McCray agreed and acknowledged a more positive approach has been demonstrated. A strong, aggressive effort would be required to meet the deadlines according to Ms. Brooks. Mr. Barretta advised a 60 day extension on the dates could 9 Meeting Minutes Joint Workshop Commission/CRA November 29, 2005 be requested. Mr. Rumpf cautioned creating district in zoning regulations and then putting it on the land and maps is not easy. He felt the ordinances and chapters in the books should be created to be made available to the developers. Non-conforming uses, over reacting property owners, misunderstandings can all be problems that will need to be addressed. Mr. Bressner and Mr. Rumpf discussed the preliminary steps needed and concluded some maneuvering would be required to meet the deadlines. A feasibility study should be done, according to Ms. Horenburger, so actual dollar figures could be understood. Mr. Bressner noted the bond issue contains $4.2M allocated for affordable housing. Administratively, Ms. Bright reported the HOB is the priority for the CRA. The Board has already committed to the process by allowing a planner to be hired so Ms. Brooks can focus with staff on the HOB project. Commissioner McCray was glad the HOB was now a priority and he would monitor the progress closely. V. Adjournment With the consensus of the Commission and the Community Redevelopment Agency, Mayor Taylor adjourned the meeting at 9:10 p.m. ATTEST: 'J ..:',;. , "yice ~ 'tn. ~;t, CI Clerk '7 ? _.".-_.._..~-.-"). / ,c' i-" / /.-/' .:? .-~.u-;l(L L 'c.( '" ",,--e;e--- Deputy City Clerk /:' '(12/12/05) L I lone -C' ~ ' ];;iSSiOner , .... ." t_ ~ Comm;$i~, ~ 10