Agenda 07-11-06
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she
will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, July 11, 2006
City Commission Chambers
6:30 P.M.
I. Call to Order
II. Roll Call
III, Pledge and Prayer
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
V, Public Comments:
VI. Consent Agenda:
A. CRA Board Minutes-June 13, 2006
B. CRA Financial Results-June 30,2006
C. Fa<(ade Grant Reimbursernent-Main Street Car Wash-$15,OOO
D. CRA Budget Amendments-June 30, 2006
VII, Public Hearing
Old Business
None
New Business
A. Boynton Industrial Park North
Zonina Code Variance
1. PROJECT: Boynton Industrial Park North
(ZNCV 06-008)
AGENT: Merle Denbesten
OWNER: Boynton Industrial Park POA, Inc.
LOCATION: West of 1-95 and north of Boynton
Beach Boulevard. Strip of land two feet
wide by 1 ,705 feet in length located
west of the 60 foot right of way of West
Industrial Avenue, opposite lots 118 of
the Laurel Hills Subdivision (3rd Addition)
through lots 165 Laurel Hills Subdivision
(4th Addition), which are located north of
NW 8th Avenue.
DESCRIPTION: Request relief from Chapter 2, Zoning,
Section 4.L. buffer walls, to allow a six
(6) foot steel privacy fence along the
west property line of Boynton Industrial
Park North, in lieu of the required six (6)
foot stucco masonry buffer wall required
to separate an industrial zoning district
from an abutting residential zoning
district.
B. Heritage Club
Site Plan Time Extension
1. PROJECT:
AGENT:
OWNER:
Heritage Club (SPTE 06-006)
Michael S. Weiner, Esquire and Jason
S. Mankoff of Weiner & Aronson, P.A.
New Century Companies, LLC
LOCATION:
Northwest corner of the intersection of
Federal Highway and Gulfstream
Boulevard
DESCRIPTION:
Request for a one-year Site Plan Time
Extension for approved site plan and
height exception granted on August 2,
2005, from August 2,2006 to August 2,
2007.
C. Federal Hiahway Corridor Plan
VIII. Pulled Consent Agenda Items:
IX. Old Business:
A. Discussion of CRA Real Property-308 NE 10TH Avenue
X. New Business:
A. Consideration & Approval of HOB Single-Family 'nfill Development RFP
B. Consideration of a Purchase Contract for an 8,000 sq. ft. Waterfront Parcel, Fuel
Docks and 70 Marina Village Garage Parking Spaces
C. Consideration of City/CRA 'nterlocal Agreement for Events
XI. Future Project Preview
Town Center at Waterpoint Park and Ocean Point Tower
XII. Comments by CRA Staff
Ambit Marketing: Logo Presentation
XIII. Comments by Executive Director
XIV. Comments by CRA Board Attorney
XV. Comments by CRA Board
Chairman Henderson Tillman
Vice-Chair Stormet Norem
Commissioner AI DeMarco
Commissioner Jeanne Heavilin
Commissioner Marie Horenburger
Commissioner Guarn Sims
Commissioner Steve Myott
XVI, Future CRA Workshops
Budget Workshop-August 17, 2006, Senior Center-6:00 p.rn.
XVII. Adjournment
COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES
Jeanne Heavilin
Henderson Tillman, Chair
Marie Horenburger
Stormet Norem Vice Chair
Steve M ott
Guam Sims
Alexander DeMarco
YES
YES
NO
YES
NO
NO
YES
YES
NO
NO
YES
YES NO YES NO YES NO
Guam Sims
Alexander DeMarco
Marie Horenburger
Henderson Tillman Chair
Steve M ott
Jeanne Heavilin
Stormet Norem Vice Chair
YES NO YES NO YES NO
Jeanne Heavilin
Henderson Tillman, Chair
Marie Horenburger
Guam Sims
Alexander DeMarco
Steve M ott
Stormet Norem, Vice Chair
s:\cc\wp\minutes\cra\roll call sheets.doc
VI. CONSENT AGENDA:
A. APPROVAL OF THE MINUTES
CRA MEETING - JUNE 13,2006
[
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON TUESDAY, JUNE 13, 2006 AT 6:30 P.M.
Present:
Henderson Tillman, Chairman
Stormet Norem, Vice Chair
Alexander DeMarco
Jeanne Heavilin
fvlarie Horenburger
Steve Myott
Guam Sims
Ken Spillias, Board Attorney
Lisa Bright, CRA Director
I. Call to Order
Chair Tillman called the meeting to order at 6:30 p.m.
II. Roll Call
The Recording Secretary called the roll and declared a quorum was present.
III, Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Ms, Bright made an addition to New Business, IX-1.A, Consideration of Off-Duty Police Detail
Contract for Marina Roadway Construction. She also added under New Business 2.A, an InTown
Development Presentation - HOB Phase 1 Project Area, and B., Lamar Realty Development
Presentation - HOB Phase 2 Project Area. Mr. Finkelstein of Lamar Realty was under medical
restrictions requiring reasonable accommodation, i.e. he could not sit in the audience and had
to be notified forty-five minutes ahead of his presentation. Chair Tillman thought it might be
late when New Business was discussed, and asked if the board wanted to have a second
meeting for the presentations. Ms. Heavilin suggested waiting until 9:00 p.m. or 9:30 p.m. to
make that determination. Ms. Horenburger felt a discussion of the Board Attorney's
memorandum on CRA Redevelopment Requirements for the Acquisition and Disposition of Real
Property might lead to not hearing presentations at this meeting. One of the options in the
memorandum was to go out for Requests for Proposals, for example. The board agreed to
make a decision on the presentations later in the meeting.
B. Adoption of Agenda
Motion
Ms. Heavilin moved to approve the agenda as amended. Ms. Horenburger seconded the motion
that passed 7-0.
Meeting Minutes
Community Redevelopment Agency
Bovnton Beach, Florida
June 13, 2006
----~._.__._--_._~~
IV. Consent Agenda
A, Approval of the Minutes - CRA Meeting May 9, 2006
B, Approval of Financial Results - f'.1ay 31, 2006 (Pulled by Steve Myott)
C. Approval of McDonald's Fa~ade Grant Reimbursement - $15,000
D. Approval of a Residential Fa~ade Grant - Vola rich - $4,162.50 (Pulled Before
Meeting by Director)
E. Reimbursement of the Boynton Beach Boulevard Self Assembly and
Redevelopment Incentive Grant - $6,060.00
F. Rescind Old High School Inter-local Agreement & Replace with an Interlocal
Agreement without Financial Consideration (Pulled by Marie Horenburgerj
G, Approval of Short-Term Lease Agreement with Current Builders - $800.00
H. Approval of CRA Classification & Pay Program (Pulled by Guam Sims)
1. Approval of Resolution No. 05-16 - Prohibition of Former Employees (Pulled by
Jeanne Heavilin)
Motion
Mr. DeMarco moved to approve the Consent Agenda as amended. Vice Chair Norem seconded
the motion that passed 7 -0.
V. Public Comments
Chair Tillman opened the floor for public comment on any item not on the agenda.
Lee Wische, 1302 S.W. 18th Street, asked Chair Tillman whether Vice Chair Norem making
most of the major motions at the past couple of meetings was by design or coincidence. It did
not look right to him. Chair Tillman responded that motions were made at the will of the board
members who wished to make them.
Jerry Taylor, Mayor of Boynton Beach, 1086 S.W. 26th Avenue, thanked the members
for serving on one of the most important boards in the City. The CRA had a lot of control over
what was going to happen in the City. The entire community counted on the actions of this
board. He felt there were two major items coming before the board that required action: 1) the
redevelopment of the Heart of Boynton and 2) the Ocean One project. He expressed concern
that it was a matter of waiting for something to happen in those areas, The people in the Heart
of Boynton often came to him and asked, "When is something going to be done?" Making
something happen was a tremendous responsibility and it lay with the CRA. He felt the Ocean
One project was a major link in the downtown redevelopment, He realized the CRA had not
liked every aspect of Ocean One's project, and that was fine. He hoped the board could form a
consensus of what it wanted to see, give that to the developer and this would allow the
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
developer to come back and offer a counter proposal. A decision could be made fairly quickly.
In business, time was money. If the people interested in developing the HOB area were delayed
too long, they could "pack their bags and leave town." It was not possible to please everyone.
Mayor Taylor recalled the decision to take down the Boynton Terrace Apartments, which did not
please everyone. It seemed they had heard enough input from the citizens and it was time for
the CRA to form a consensus of what it wanted to see in a project, and make something
happen in the Heart of Boynton.
Willie Aikens, 726 N.E. 1st Street, said the Heart of Boynton residents had done a lot of
waiting and did not know what was necessary to see some action in the area. He wanted to see
everyone come together with one accord, People had spent money and were waiting to see
what was going to happen. He asked what the CRA was actually looking for and why action had
been delayed for so long. The citizens were frustrated.
Rod Silverio, 10 Velaire Drive, echoed Mr, Aikens comments. He brought a client interested
in the Heart of Boynton to a CRA meeting, but that scared the client away - the process was
too long, he felt. He sought the guidance of the CRA in what it wanted so he could transmit
that information to his client, who was still interested. There were many people interested in
working with the Heart of Boynton, not just the big developers, but independents, and
individuals. He thought T.I.F. money was available and asked if it could be used for the Heart of
Boynton.
Doris Jackson, President of Poinciana Heights NeighborhoOd Association, 531 N.W.
10th Avenue, declared community residents had been meeting and were waiting for something
to happen in the Heart of Boynton, They were working on such issues as speed control,
lighting and other issues. They had a lot of young children and elderly in their neighborhood
and something needed to be done, Also, they did not want to look at grass growing in vacant
lots for long periods of time. They hoped something could get started in the Heart of Boynton
and were definitely waiting for the Wilson Center. They really wanted that because this
summer, their children were trying to find places to go.
Hearing no further requests to speak, Chair Tillman closed the floor to public comment.
Lisa Bright clarified that Ocean One had not come in with a request to be on this agenda. They
came in with a request for staff to prepare some parking analyses for the board and she
planned to bring that to the July meeting.
Mr. Sims was in agreement that something needed to happen. It would be devastating from a
public relations standpoint if, three to five years from now, things remained just the same.
There was still too much fragmentation. A lot of residents had comments, but there did not
seem to be any unification. He was especially concerned since he recently attended Heart of
Boynton group meetings where the representation had been poor. Such a lack of representation
was problematical. In the May meeting the need for unification was stressed. They needed to
be of one accord. They needed to develop one unified concept of what they wanted to see in
the Heart of Boynton. Contrary to what some believe, a group representing the Heart of
Boynton was coming together to develop a unified concept. He contended the developers had
to involve the residents and incorporate what they wanted to see in these contract proposals
and to date, that had not taken place. He challenged residents to attend the next Heart of
Boynton meeting. He encouraged the residents to participate and become part of this
3
Meeting Minutes
Community Redevelopment Agency
~Bo'iJlton~~ach, Florida
June 13, 2006
----.-.-""-... --.-,-.-.--.-....-
opportunity to develop strategy and form a unified idea of what they wanted to see
incorporated in the Heart of Boynton Plan. Their ideas could then be presented to developers.
VI. Public Hearing
y Old Business: - None
,. New Business:
A. Comprehensive Plan Policies 1.9.5 and 1.16.1 Cycle 2 - 2006 Amendments -
Comprehensive Plan Text Amendment
1.
Project:
Comprehensive Plan Policies 1.9.5
and 1.16.1 (CPTA 06-001)
City-initiated
Request to amend Future Land Use Element
policies 1.9.5 and 1.16.1 of the City of
Boynton Beach Comprehensive Plan.
Owner:
Description:
Attorney Spillias declared the quasi-judicial board procedures were available at the rear of the
Chamber for interested parties. He then asked the Board members to reveal any ex-parte
communications they might have had with anyone appearing before the Board at this meeting.
Vice Chair Norem and Mr, Myott had both met with Bonnie Miskel on Sunshine Square and Casa
Del Mar.
Board Attorney Spillias then swore in all who planned to speak during the Public Hearing portion
of the meeting.
Dick Hudson, contract employee, made a presentation on behalf of Planning & Zoning
Department staff. He explained that two recommendations had arisen from City and CRA
workshops regarding updates to the various redevelopment plans. Text and land use
amendments were before the board for consideration. They were meant to encourage mixed-
use land use on the Woolbright Corridor from the Florida East Coast Railroad to 1-95 and create
workforce-housing opportunities throughout the City, Staff recommended approval of the
proposed text amendments by the CRA, the Planning and Development Board, and the City
Commission. Staff found the amendments consistent with the City's adopted Comprehensive
Plan. If approved by the City Commission, they would be transmitted to the Florida Department
of Community Affairs (DCA) for their review.
The first text amendment was to allow the City to substitute a section of Woolbright Road
between the Florida East Coast Railroad right-of-way and 1-95 as one of the primary target area
overlays, so they could do a corridor study there. The second amendment was a delineation of
the future land use categories on the future land use map. They felt Special High Density
Residential was an ideal mechanism to use in Area 1 and Area 5 and elsewhere in the City if it
provided the City with some affordable housing.
Ms. Horenburger spoke to some property owners along Woolbright Road, especially the Farm
Store people. She wondered when the change was made from Golf Road to Woolbright. Mr,
Hudson responded there was very little that could be redeveloped along Golf Road. Ms.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Horenburger asked with eminent domain gone, what expectation could they have for these
kinds of properties to turn over if the property owners did not want them to, Mr. Hudson said
they had not seen eminent domain used in any of the categories. Ms. Horenburger was curious
because there was a single-family neighborhood to the north of this. This was a neighborhood
where younger people were moving in and she wondered what impact a mixed use
development would have on that single family neighborhood. Mr. Hudson did not think this
would affect them any more than the changes they were proposing on Boynton Beach
Boulevard, He acknowledged the property was very narrow, saying there would be a lesser
height immediately adjacent to the single family homes.
Mr. Sims asked if there were similar plans for any other areas in the CRA and Mr. Hudson
indicated there were no plans at the moment.
Chair Tillman asked if the Corridor Study would include information showing the impact of
development to the west of the Florida East Coast Railroad tracks, Mr. Hudson mentioned the
revisions to the Federal Highway Corridor Plan would give consideration to this.
Motion
Ms. Heavilin moved to approve the request to amend the Future Land Use Element policies
1.9.5 and 1.16.1 of the City of Boynton Beach Comprehensive Plan as presented by staff. Vice
Chair Norem seconded the motion.
Chair Tillman opened the floor for public comment.
Flynn Holland, resident of Boynton Beach, knew Woolbright was not in the CRA area, but
she had yet to see a traffic study for any of the development going on. She had not found
information on any traffic study. She asked how they could develop Woolbright Road without
taking the big development at Woolbright and Federal Highway into account. Mr. Hudson
responded each development that came in was required to present the City with a traffic study,
which could be accessed in the files of the Planning and Zoning Department. She mentioned
there was no way for the kids from the single-family residential area across the street from
Little League Park to get across Woolbright safely.
Hearing no further requests to speak, Chair Tillman closed the floor for public comment.
The motion passed 7-0.
B. Sunshine Square Land Use Amendment/Rezoning
1.
Project:
Agent:
Sunshine Square (LUAR 06-016)
Ruden Mcclosky, Bonnie Miskel, Esq., and
Kim Glas-Castro, AICP
Sunshine Square CRP, LLC
Southwest corner of Woolbright Road and
South Federal Highway
Request to amend the Comprehensive Plan
Future Land Use Map from Local Retail
Commercial (LRC) to Mixed Use (MX); and
Owner:
Location:
Description:
5
Meeting Minutes
Community Redevelopment Agency
_B<?y_~to~ Beac!'1~ FI()~i~(l
June 13, 2006
Proposed Use:
Request to rezone from Community
Commercial (-3 to Mixed Use Low (MU-L),
Mixed use development
Mr. Dick Hudson spoke on behalf of Planning & Zoning Department staff. He declared this was a
large scale amendment to the Comprehensive Plan to allow a mixed use development
containing 57 residential units for an overall density of 39.94 dwelling units per acre (du/ac),
150,602 square feet of commercial retail use and 11,050 square feet of office use for a Floor
Area Ratio (FAR) of 1.71 in the area now known as Sunshine Square Shopping Center at the
corner of Woolbright Road and Federal Highway. The Valero gas station was not included in the
amendment.
Staff recommended approval of the requested land use amendment for transmittal to the
Florida Department of Community Affairs. Staff declared the changes were consistent with the
policies of the City's adopted Comprehensive Plan, particularly the portions of policy 1.16.1
defining the Mixed Use land use category and the implementation of the Boynton Beach 20/20
Primary Target Area Overlays. The requested land use amendment and rezoning met or
exceeded the criteria for review, as required in the Land Development Regulations. The
proposed redevelopment plan is consistent with the proposed amendments to the, but should
only receive final approval if a Federal Highway Corridor Community Redevelopment Plan site
plan for the development is approved concurrently, and if proposed changes to the Federal
Highway Community Redevelopment Plan and the Mixed Use zoning districts are adopted.
Mr. Hudson gave a condensed report on the conceptual site plan provided by the developer.
The full site plan would come back before the board and had to be approved before these
changes were finally adopted.
Bonnie Miskel, Esq., of Ruden McClosky, spoke on behalf of the applicant, Sunshine
Square CRP, LLC. The applicant wanted to redevelop the site as soon as possible. The existing
Sunshine Square was not well planned to take growth into consideration. There were several
long-term tenants with leases and the site plan was geared to accommodate them, including
Publix. It was hoped the improvements would help to generate more profits for the lessees.
Mike Hammond, Managing Partner with RAM Development, a Florida developer, gave a
brief overview presentation about RAM Development. Mr. Hammond explained they did a lot of
mixed use developments in Florida and gave examples of ones that might be familiar to the
audience. One was Midtown, which was on PGA Boulevard between the Turnpike and 1-95, a
truly mixed use project, with 225 condominiums, a 500-seat cultural center and church, and
about lOOK sq. ft. of retail including restaurants - no big boxes. They also completed Pineapple
Grove Village in downtown Delray Beach in the CRA area. They own and manage luxury rental
apartments in Florida, Michigan, and North Carolina.
Hugo Pacanins, Development Manager for RAM Development, showed some slides that
gave an overview of the project. The proposed project included 576 residential units for a
density of about 40 du/acre, It also included ilK sq. ft. of office space and 150K sq. ft. of retail
space, including the new Publix space. They planned to relocate the traffic signal currently close
to the railroad tracks to half-way between Federal Highway and the railroad tracks. There would
be ground floor retail with residential on top, and the project would be phased to accommodate
existing tenants. Tenants would be moved to new retail space as it became available to avoid
6
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
disruption of their businesses, Phase 1 would be on the east side of the property and
construction could begin September 2007 if approvals were received by the end of this year.
The second phase was the creation of a new Publix because the existing Publix wanted to stay
in operation during construction. They had created a demolition schedule for the project.
Bonnie Miskel declared if the board recommended approval to the City Commission and the City
Commission approved as well, the amendments would go to the DCA. The applicant was
working with City staff on the site plan requirements and would bring a full site plan
presentation before the board for comments and questions at that time.
Ms, Horenburger indicated she was a frequent shopper at Sunshine Square and wanted
assurance that the Boynton Diner and the Music Center, both integral parts of the community,
would be allowed to stay. Ms. Miskel responded some tenants with long-term leases were
staying and others had been bought out. They would be accommodating the ones that wished
to stay.
Mr. DeMarco asked what would happen to the gas station. Ms. Miskel commented they had
declined on the price offered, but could come in later if they wished. Mr. DeMarco asked how
many stories would be involved, and Ms. Miskel responded, seven stories and 80 feet. Mr.
DeMarco asked what kind of parking they would have, Ms. Miskel responded the majority of the
parking was structured parking, but there would be some driveway parking on the street. This
would be presented at a later date in depth.
Mr. Myott felt it was only a matter of time before commuter rail was on the FEC tracks. He
encouraged the Commission and DCA to look for inclusion of a rail transportation node on this
site. While he did support the rezoning to mixed use, all parking would need to be compliant
with the residents and the businesses and have convenient parking for the retail to succeed. He
also encouraged working towards incorporating the gas station into the site and making it a
more attractive gas station that could somehow represent the rest of the project.
Ms. Heavilin was pleased they were finally establishing Woolbright and Federal Highway as one
of the city's major intersections or mixed use nodes,
Mr. Sims hoped other developments would keep to the standards in the proposed project. It
seemed they planned to maintain some of the existing culture. He was a frequent shopper at
that mall as well.
Chair Tillman opened the floor to comment from the public.
Rod Silverio, resident of Boynton Beach commended RAM for suggesting phases for the
proposed development, since many of the bigger developments had stood empty and blighted
for a long time, He also commended them for accommodating the existing businesses who
wished to stay. This was a main corridor for the City and the residents wanted to look at
something nice while development was going on. He hoped the developer would keep the
phased approach.
Betty Patterson, owner of a small strip of land on the south side of Woolbright, said
she had lived in the area since 1947. They developed their little plaza and kept it up well. She
was worried about the additional apartments, but understood about the stores. Ms, Patterson
7
Meeting Minutes
Community Redevelopment Agency
_13~j'~ton l!e~c:!"t,~I~rl~~_
June 13, 2006
emphasized there were so many apartments and condos in Boynton Beach now, wherever she
went. She cautioned that the water could become scarce and this should be taken into
consideration. Also, at one time the City had tried to have buildings that were lower in height
and now the City had gone out of sight with building heights. She spoke of the results of
overdevelopment, saying the home of wild things like alligators had been usurped by
development and the alligators were forced to come onto residential properties, where they had
killed people. This never happened before all the development started. She agreed with a need
to beautify, but asked the City and the board to think about what it was doing in terms of
development, and consider that it might really be too much.
Flynn Holland asked if all the residential was for sale and the response was affirmative, She
anticipated this project would bring another 1,000 people to Boynton Beach and questioned
where they would park at the beach. Boynton had been a small beach community and now
they were putting in thousands of people and changing the landscape of the residential areas.
She expressed concern the City was putting thousands of people in an area that was in a
known flood zone. There were accidents on Golf Road, Boynton Beach Boulevard, and Sea crest
Boulevard all the time. Traffic was intense. She did not think the streets could take this amount
of development. She asked what happened to the sewer plan? She asked if they were moving
faster than the infrastructure plan, She asked to have answers to her questions.
Hearing no other people wishing to speak, Chair Tillman closed the floor to public comment.
Vice Chair Norem mentioned that in their staff summary reports, this plan showed a potential
reduction of 2,000 trips from the current trip count for the property.
Motion
Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and the request to rezone
from Community Commercial C-3 to Mixed Use Low Density (MU-L) in order to redevelop the
shopping plaza as a mixed use development. The mixed use development would contain 576
residential units for an overall density of 39,94 dujacre, 150,602 sq. ft. of commercial retail use,
and 11,050 sq. ft. of office space for a Floor Area Ratio of 1.71, subject to all comments in the
Executive Summary Review and Analysis. Vice Chair Norem seconded the motion,
Ms. Heaviln asked if it was appropriate to include the specifics for the project instead of the
land use, Mr. Hudson indicated DCA would not see the rezoning at all. They only cared about
the Future Land Use amendment. They went hand-in-hand, though, because the City believed a
land use amendment had to have a companion rezoning,
The motion passed 7-0.
C. Inlet Cove Association (INCA) Land Use Amendment/Rezoning
1.
Project:
Inlet Cove Association (INCA) (LUAR
06-019)
City of Boynton Beach
North Federal Highway and the Intracoastal
Agent:
Location:
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
Descri ption:
June 13, 2006
Waterway; between the C-16 Canal and
Mariners Way, and between Martin Luther
King, Jr. Boulevard and Northeast 6th Court
Request to amend the Comprehensive Plan
Future Plan Use Map from Mixed Use to Low
Density Residential
No change
Proposed use:
Hanna Matras, Economic Planner, presented the City-initiated request to amend the
Comprehensive Plan Future Land Use Map for the INCA area from Mixed Use to Low Density
Residential. Ms. Matras explained this action was being suggested to reverse a decision made
in 1989 to allow mixed use in this area, At that time, there were a lot of single family homes
there that were not in good repair. Staff recommended that the land use amendment and
rezoning be approved. The residents of the INCA area support the change.
Mr. Sims asked if commercial would be allowed and if so, in what areas, There were some
businesses to the north of this area he was concerned about. Mr. Breese commented the
proposed amendment would be applied only to the residential area behind the commercial,
which was not changing.
The board did not have any questions or comments.
Chair Tillman opened the floor for public comment.
Louise DiCamara, 836 East Drive, Harbor Estates, resident of the subdivision in the north
section of the south side of the C-16 canal, indicated it was zoned R-1-AA Single Family
Residential. It had been that way ever since zoning came into effect. The Mangrove Walk area
was from Martin Luther King Boulevard to N.E. 6th Court and zoned R-1-A. Both of the areas
were in the INCA land use amendment area. She applauded the City staff for initiating this
amendment, which would change the future land use from mixed use to low density residential
and bring the Comprehensive Plan into compatibility with the existing properties,
Stan Nitkowski, President of INCA Neighborhood Association, declared he understood
the Federal Highway Corridor would remain the same, so those commercial properties directly
on Federal Highway would retain their commercial privilege. The discussion was of the
neighborhoods directly behind them that are residential neighborhoods. The entire area along
the east side of Federal Highway was being redeveloped as residential and INCA was very
supportive of this.
Chair Tillman closed the floor to public comment when no one else came forward.
Motion
Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land
Use Map from Mixed Use to Low Density Residential, LUAR 06-019. Vice Chair Norem seconded
the motion that passed 7-0.
D. Casa del Mar Land Use Amendment/Rezoning
1.
Project:
Casa del Mar (LUAR 06-018)
9
Meeting Minutes
Community Redevelopment Agency
B GYJ1L)~I.J~f3~t1, FI~ip~f3_~
Agent:
Location:
Description:
Proposed Use:
D. New Site Plan - Casa del Mar
2.
Project:
Agent:
Owner:
Location:
Description:
Heiqht Exception - Casa del Mar
3.
Project:
Agent:
Owner:
Location:
Description:
10
_~______}~~~ 13, _20Q6
Bonnie Miskel, Esq., and Kim Glas-Castro,
AICP of Ruden, McClosky, Smith, Schuster &
Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of
Federal Highway, north of Dimick Road)
Request to amend the comprehensive Plan
Future Land Use Map from Local Retail
Commercial (LRC), High Density Residential
(HDR), and Low Density Residential (LDR),
to Special High Density Residential (SHDR,
20 dusjper acre); and
Request to rezone from Community
Commercial (C-3), Multi-Family Residential
(R-3), and Single-family Residential (R-lAA)
to Infill Planned Unit Development (IPUD).
Multi-family development (82 units at 19.95
dusjacre
Casa del Mar (NWSP 06-015)
Bonnie Miskel, Esq., and Kim Glas-Castro,
AICP of Ruden, McClosky, Smith, Schuster &
Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of
Federal Highway, north of Dimick Road)
Request for new site plan approval for the
construction of 42 town homes, 40
condominiums, recreational amenities and
related site improvements on 4.11 acres to
be zoned IPUID.
Casa del Mar (HTEX 06-007)
Bonnie Miskel, Esq., and Kim Glas-Castro,
AICP of Ruden McClosky, Smith, Schuster &
Russell, P .A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of
Federal Highway, north of Dimick Road)
Request for a height exception of
approximately nine (9) feet to allow a
mansard roof to exceed the maximum
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
building height of 45 feet, for a total of 53
feet 6 inches (53' 6") at its highest point.
Steve Myatt recused himself from voting on the Casa del Mar items since he was employed at
the architectural firm that was representing the project. Mr. Myatt provided a voting conflict
form to the Recording Secretary for inclusion in the record. Ed Breese, Principal Planner, asked
for the board's permission to present all three Casa del Mar items at one time and the board
concurred.
Mr. Breese informed the board the proposed project would promote the efficient use of a long
narrow 4,1l-acre parcel of land from Federal Highway to the Intracoastal. The agent and
applicants agreed with all conditions of approval.
Mr. Breese displayed the site plan and described it, including the elevations of the townhouses
and condominium buildings. The condominium building would be a four-story building with
parking underneath. There would be 10 units on each floor for a total of 40 units. The principal
ingress and egress points would be off of Federal Highway. A secondary ingress/egress was
located on Dimick Road on the south side of the project. Recreation amenities would include a
community swimming pool and one-story clubhouse located on the Intracoastal Waterway,
various usable open space areas on site, a central fountain, and public artwork visible from
Federal Highway. There was a 20-foot setback from the townhouse buildings along Dimick
Road, which mirrored the front setback of single-family residences on the south side of Dimick
Road. The proposed condominium building would be set back 20 feet from the southeast
property line, with a building step-back of 17 feet from the second floor upwards. The project
was evaluated against the Land Development Regulations criteria and found to be in
compliance. The property's location within both the Community Redevelopment Area and the
Planning Area 1 of the Federal Highway Corridor Study supports the requested increase in
allowable density for the area.
The height exception for the condominium building was for 9 feet to accommodate a roof over
the top of the stairwells and elevator.
Staff recommended approval of the land use amendment/rezoning, the new site plan, and the
height exception.
Bonnie Miskel spoke on behalf of the applicant, saying she had been the attorney that
presented The Peninsula project adjacent to the subject property. At the time, The Peninsula
was one of the first projects that helped to create a special sense of place for Boynton Beach
traveling south on Federal Highway. They had tried to create a "wow" project that was unique,
neighborly, and pedestrian friendly. The applicant also tried to create a "wow" project that
would make a passerby believe this would be a nice place to live.
Jim Williams, architect with Quincy Johnson Jones Myott Williams, reviewed some of
the characteristics of the site plan. He displayed aerial views and elevations that showed the
colonial island style of architecture. There were two different color schemes for the townhouses
and another for the condominiums. The townhouses were all three stories in height of a
traditional neighborhood design with the garages in the rear, the entries facing public streets or
an internal linear parkway. The condominiums are four stories in height. The project had lush,
heavy landscaping.
11
Meeting Minutes
Community Redevelopment Agency
Boyntorl~~ ~~i3c~", Flori ~a
~ }_u_J1~_!3_~~~_6
In response to Mr, DeMarco's concern about the two parcels that were not part of the project,
Ms. Miskel responded the owners had been approached, but were not under contract. Mr.
DeMarco also asked about the parking, Mr. Williams responded this had been worked out
during the staff review and the applicant had added over and above what was required for
parking. In addition to the nine spaces on Dimick, there were additional guest spaces scattered
throughout the site. Mr, DeMarco asked if off-street parking would be in the way of traffic and
Mr, Williams responded it would not.
Ms. Horenburger asked how big the setback was on Dimick Road. Mr. Williams responded it was
eighty feet from the front of the townhouses to what could be built across the street in the
single-family area,
Chair Tillman opened the floor for public comment.
Stan Nitkowski, President INCA Neighborhood Association, asked the CRA to pay
special attention to this project and remember it for future reviews in regard to the 20-foot set
back from Dimick Road, plus 9 feet for parking. This was the first project they had seen where
there was an IPUD directly across from residential homes in a neighborhood and to see that
large setback made INCA very happy. They hoped this would be a precedent moving forward.
Mona Murchak, 2624 Lake Drive North, resident of the home on the corner between Lake
Drive North and Dimick Road, expressed her concerns. She was concerned the change in zoning
would drive down the property values of the existing homeowners in the area, She was also
concerned about traffic, noise, and congestion. She was concerned that cars would be parking
up and down Dimick Road and blocking access to the residential properties. Dimick Road was a
run down, old road that was difficult to park on.
~1)s. Miskel responded to Ms. Murchak's concerns, saying they were going to improve Dimick
Road to raise its quality. The only parking anyone would see was what was planned for Dimick
Road today, approximately 9 spaces. They actually showed fewer openings on Dimick than if
the parcel were to be developed as a single-family parcel. They were reducing the movements
onto Dimick by only having the one opening.
Ms. Murchak asked if people could still walk through. Ms. Miskel responded there would be
sidewalks and it would be more pedestrian friendly than it was at the moment.
Ms. Murchak asked how this would affect access to the water. Ms. Miskel responded one
portion of the development would go all the way to the water. This plan had a one story
building on the water so the condo building, the taller one, was set back significantly more than
its neighbors, helping to preserve the view.
Ms. Murchak asked about what had been done with the sewage system where the nursery had
been. She contended when it rained heavily, the City had to come pump out sewage. Ms.
Miskel commented they would have to comply with all City Codes regarding water and sewer
improvements. There was no drainage mechanism at all on an undeveloped site. Their
complying with all Water Management and City rules should actually improve the situation.
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Ms. Murchak asked whether garages would be facing Dimick Road, and the response was
negative. She also asked if they were providing traffic lights to get in and out of the project,
and the response was negative.
Chair Tillman closed the floor to public comment when no one else wished to speak.
Motion
Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from
Local Retail Commercial, High Density Residential and Low Density Residential, to Special High
Density Residential and rezone from Community Commercial, Multi-Family Residential and
Single-Family Residential to Infill Planned Unit Development. Vice Chair Norem seconded the
motion that passed 6-0, Mr. Myott recused.
Motion
Ms. Horenburger moved to approve the request for new site plan approval for the construction
of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on
4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of
the request for land use amendment/rezoning, request for height exception, and subject to
satisfying all comments indicated in the Conditions of Approval. Any additional conditions
recommended by the board or City Commission shall be documented accordingly in the
Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott
recused.
Mr. Breese confirmed staff's recommendation of approval on the height exception.
Motion
Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet
to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet
6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott
recused.
Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height
codes so that it was not necessary for the board to hear so many minor exceptions. She also
wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the
height codes into consideration at this time.
E. Hemingwav Square Land Use Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC/Robert
Vitale (Managing Member)
2319 South Federal Highway, northwest
corner of SE 23rd Avenue and Federal
Highway
Request to amend the Comprehensive Plan
Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density
Residential (SHDR); and
Description:
13
Meeting Minutes
COIrmunity Redevelopment Agency
[l,,) n Beach, Florida
June 13/ 2006
. ~----_...---~-_._---
Proposed use:
Request to rezone from Community
Commercial (C-3) and Neighborhood
Commercial (C-2) to Infill Planned Unit
Development (IPUD), 20 dus/acre
Multi-family development (21 units at 16.8
dus/acre
Hemingway Square New Site Plan
2.
Project:
Agent:
Owner:
Location:
Hemingway Square (NWSP 06-007)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLCjRobert
Vitale (Managing Member)
2319 South Federal Highway, NW corner of
SE 23rd Avenue and Federal Highway
Request for new site plan approval for the
construction of 21 townhomes, recreational
amenities and related site improvements on
1.25 acres zoned IPUD.
Description:
Hemingwav Square Height Exception
3.
Project:
Agent:
Owner:
Location:
Hemingway Square (HTEX 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC/Robert
Vitale (Managing Member)
2319 South Federal Highway, NW corner of
SE 23rd Avenue and Federal Highway
Description:
Request for height exception of four (4) feet
to allow chimneys to exceed the maximum
building height of 45 feet, for a total of 49
feet
Ed Breese, Principal Planner, asked for board approval to discuss all three parts of the
Hemingway Square project at one time and the board concurred.
Mr, Breese commented this project was to take the place of the former Baker Furniture
property on the northwest corner of South Federal Highway and S.E. 23rd Avenue. Staff
recommended approval of the land use amendment/rezoning based on being consistent with
the goals and objectives of the Comprehensive Plan, the intent of the Federal Highway Corridor
Community Redevelopment Plan, would not create additional impacts on infrastructure, and
would contribute to the overall economic development of the City.
Mr. Breese displayed the site plan, which would have 21 fee simple townhomes at a gross
density of 16.8 dwelling units per acre. The four proposed buildings consist of four to seven
units each and are three stories tall with one building being a combination of two and three
stories. The architectural style was Key West with ship lath siding, aluminum roofs, and barn
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
style doors. The building chimneys accounted for the four-foot height exception request and
staff concurred with it. Staff recommended approval of the land use amendment/rezoning, the
site plan, and the height exception.
Mark Cohen, Garcia Stromberg Architecture, Inc., displayed a PowerPoint presentation
and reviewed the site plan characteristics, He showed extensive landscaping in front of the
units, especially on the south side, to buffer out traffic and noise, They had lowered the units to
be more in keeping with the adjacent single-family residences. The colors were vibrant pastels.
Building #3 that would front on Federal Highway was a vibrant pastel yellow in color. Mr. Myott
questioned the fence materials and was informed it would be aluminum or some type of
Fiberglas to imitate wooden material. The mean roof height was 45 feet and they had applied
for a height exception of three feet two inches to accommodate the chimney.
Ms. Horenburger asked about entrances and exits on S.E. 23rd Avenue. Mr. Cohen responded
there was only one entrance and it was off of S.E. 23rd Avenue close to the western end of the
parcel. A secondary ingress/egress for emergencies only was located on S.E. 23rd Avenue near
the east side of the project. Ms. Horenburger asked about recreation amenities and was told
there was a pool to the northwest side of the property with five parking spaces, including
handicapped.
Mr. DeMarco indicated that was a very busy corner and S.E. 23rd Avenue was a very narrow
street. He was concerned about the current traffic situation and was not pleased about adding
more traffic to the area. He contrasted the proposed ten-foot setback with the larger setback
with plants and trees at Tuscany across the street and thought the buildings would not be
attractive. He also believed that 21 units on a little over an acre was too much. He could not
vote in favor of it. Mr. Cohen stated the County and City had plans to widen S.E. 23rd Avenue
to give more space between traffic and buildings, which would allow more buffering. The
applicant's plans were in compliance with the required setbacks for an IPUD, They planned to
make an extra effort with their landscaping to compensate for the setback.
Mr. Myott did not agree with Mr. DeMarco, saying the project was unique and quite well done,
but it did have a great deal compressed into one site. He wanted to see more detail on the
gable of Building # 1 that you would see when driving south on Federal Highway. He was also
concerned about value engineering because the materials being shown were very expensive.
This was the kind of project the eRA wanted, but he would expect to see the same materials in
the completed project. He counted on the Planning Department to see that this happened. The
developer responded the owners were committed as a group to making the project as designed
and Planning staff was also holding them to their design and materials.
Ms. Heavilin asked about the staff comment on the landscaping slightly exceeding the minimum
requirements and wondered whether that was acceptable. Mr. Breese responded there were no
conditions of approval pertaining to landscaping, but in many instances they did not have much
room to landscape or they did it heavily around the corner of the building where they would
also have art in public places. They proposed a sculpture of Hemingway sitting on a bench with
one of his cats. When Ms. Heavilin asked about having more landscaping on S,E. 23rd Avenue
as a buffer, the response was they did not want to hide the architecture with too much
landscaping. Their intentions were to buffer the east and south sides of the property as much
as possible and go above and beyond requirements on the north and west, proposing a six-foot
high privacy wall with landscaping backed up against it. Ms. Horenburger liked the look, the
15
Meeting Minutes
Cornmunity Redevelopment Agency
Boynton Beach, Florida
---- -_.__.~------~----_..- ._._----~--- --..--
June 13, 2006
colors, the softness, and the art, which would be an attraction for people driving by on Federal
Highway.
Mr. Sims liked it but echoed Mr, DeMarco's comments about S.E. nrd Avenue and the traffic
conditions in that area. He hoped the road improvements were planned for the very near
future. Mr. Cohen responded they had lost five feet of their property due to the County and City
plan to widen S.E. 23rd Avenue. Ms. Horenburger asked staff if there was going to be any
widening of that road. She thought this was the City's portion of Golf Road and that it changed
at Congress Avenue. Mr, Breese thought the County had the right-of-way to Federal Highway
and the developer had committed to a five-foot dedication to the County for future
improvements. No improvements were on the books today, but having the additional right-of-
way might further the effort. Chair Tillman asked if it were in the five-year, ten year, or any
plan. Mr. Breese indicated it was not yet on a road building plan,
A representative of the developer came to the podium and said they had met with the County
and the developer promised to do some drainage and right of way improvements along S.E.
nrd Avenue. They would be doing this before getting a permit for underground infrastructure.
He thought it would be in the near future.
Chair Tillman opened the floor to the public to speak.
Flynn Holland, local resident, asked for a description of the setback from the roadways. She
also asked if there would be a swale or walk for the public next to the building. Also, she asked
where the extra parking was for family and friends. Mr. Breese responded the extra parking
was inside and there would be no parking on the roads. The setbacks from the road were 10
feet with a 5-foot public sidewalk within the right-of-way, not on the property. Ms. Holland
thought this would be extended for the road and the sidewalk would be lost. Mr. Breese stated
the applicant was responsible for the sidewalk associated with this project, Mr. Cohen
commented the sidewalk would be five feet off the property line. Currently, the sidewalk goes
down the site a third of the way, and stops and there is no sidewalk on the north side of S.E.
nrd Avenue. Their improvements would bring a sidewalk that goes along the entire length of
the project. This would be a catalyst for the next project, who could tie onto that sidewalk. Mr.
Cohen noted there would be a sidewalk, landscaping, a fence, and more landscaping.
Chair Tillman closed the floor when no one else came forward to speak.
Motion
Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial to Special High Density Residential. Ms. Heavilin seconded
the motion that passed 6-1, Mr. DeMarco dissenting.
Motion
Mr. Myott moved to approve the request to rezone from Community Commercial and
Neighborhood Commercial to Infill Planned Unit Development at 20 units an acre. Vice Chair
Norem seconded the motion that passed 6-1, Mr, DeMarco dissenting.
Motion
Ms, Horenburger moved to approve the request for new site plan approval for the construction
of 21 townhomes, recreational amenities and related site improvements on 1.25 acres zoned
16
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
IPUD, incorporating Mr. Myott's comments, especially in regard to value engineering, and the
caveat to hold them to exceeding the landscape requirements. Vice Chair Norem seconded the
motion that passed 6-1, Mr. DeMarco dissenting.
Motion
Vice Chair Norem moved to approve the request for height exception of four feet to allow
chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. Ms.
Horenburger seconded the motion that passed 6-1, Mr. DeMarco dissenting.
F. Post Office Easement Abandonment
Location:
Post Office Easement (ABAN 06-007)
Jason Mankoff, Weiner & Aronson
Valley Land Corporation, c/o Curtis
Shenkman, Esq.
Southwest corner of Boynton Beach
Boulevard and Seacrest Boulevard
Request to abandon a three (3) foot wide
easement located in Block 4 of the Boynton
Heights Addition, extending south of
Boynton Beach Boulevard a distance of
131. 00 feet.
1.
Project:
Agent:
Owner:
Description:
Ed Breese presented the report on behalf of Planning & Zoning staff. He explained this
easement was right across from City Hall. The U.s, Post Office building was constructed over a
3' unused utility easement located at the western boundary of the site. The agents are
requesting abandonment of the easement. The public utilities and City departments have no
utilities within the subject easement and have no objection to the abandonment of the utility
easement. Mr. Breese said that the comment in the staff report about having to wait for a
response from Florida Public Utilities could be disregarded since they had now responded. As
such, staff recommended approval.
The board members expressed support of the project when asked.
Jason Mankoff, Weiner & Aronson, was available to answer questions.
Chair Tillman opened the floor to the public for comment, and closed it when no one came
forward.
Motion
Vice Chair Norem moved to approve the request to abandon a three-foot wide easement
located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach
Boulevard a distance of 131.00 feet. Mr. DeMarco seconded the motion.
Ms. Horenburger asked if the deletion of the comment about waiting for a response from
Florida Public Utilities could be included in the motion and Vice Chair Norem and Mr. DeMarco
agreed. The motion passed 7-0.
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Meeting Minutes
Community Redevelopment Agency
Boynt_~!1 ~~a~!1L_,=-lo-'.:i~~___
-- - ----
JU_Jl~_!~' ~~~~
G. Coastal Bay Colony Abandonments
1.
Project:
Agent:
Owner:
Location:
Coastal Bay Colony (ABAN 06-002)
Carlos J. Ballbe, PA
Southern Homes of Palm Beach II, LLC
Southwest corner of SE 23rd Avenue and
Federal Highway
Request to abandon a ten (10) foot wide
utility easement at the southwest corner of
the property.
Description:
2.
Project:
Agent:
Owner:
Location:
Coastal Bay Colony (ABAN 06-003)
Carlos J. Ballbe, P.A.
Southern Homes of Palm Beach II, LLC
Immediately south of SE nrd Avenue on the
west side of Federal Highway
Request to abandon a ten (10) foot utility
easement located across lots 14, 15, 16, 17
and 18 of the original Robinson's Addition
Plat.
Description:
Mr. Breese reported Coastal Bay Colony was a townhouse development put together by
Southern Homes right across from the Hemingway Square site plan just reviewed. As the
applicant went through the process and platted the property, it was noted on the plat these two
easements were to be abandoned. At one point, one of the easements had a City utility line
that the applicant relocated, at its expense. The other one had an FPL line and when the lots
were incorporated into the project, the FPL line was no longer needed. All utilities have been
relocated. The staff report indicated they were waiting for a response from Florida Public
Utilities, but that had been received so that condition of approval should be removed from the
conditions of approval. Staff recommended approval.
The applicant was not present. The board had no questions and did not enter into any
discussion.
Chair Tillman opened the floor to public comment and closed it when no one came forward.
Motion
Vice Chair Norem moved to approve the request for abandonment of a 10-foot wide utility
easement at the southwest corner of the property (ABAN 06-003). Ms. Horenburger seconded
the motion.
Mr. Breese asked if the motion could have the lone condition of approval removed and Vice
Chair Norem and the Ms. Horenburger agreed.
The motion passed 7-0.
Mr. Breese indicated the previous presentation applied to the second abandonment and staff
also recommended approval.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Motion
Vice Chair Norem moved to approve the request for abandonment of the ten-foot wide utility
easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition with the
staff recommendations. Ms. Horenburger seconded the motion.
Ms. Heavilin asked whether they needed to remove the condition of approval, and Mr. Breese
believed the motion addressed that.
Chair Tillman opened the floor to publiC comment and closed it when no one came forward.
The motion passed 7 -0.
H. Boynton Beach Lofts Site Plan Time Extension
Owner:
Location:
Description:
Boynton Beach Lofts (SPTE 06-005)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Addison Properties of South Florida, Inc.
623 S. Federal Highway
Request for a one-year time extension for
the approved site plan and height exception
granted on April 19, 2005, from April 19,
2006 to April 19, 2007.
1.
Project:
Agent:
Ed Breese reported the applicant was requesting a site plan time extension for the mixed use
project consisting of 48 condominium units, 13,354 square feet of office space, and 563 sq. ft.
of retail space on approximately 1.2 acres. The Commission approved the development order
and associated height exception for the elevator shaft on April 19, 2005. Staff recommended
approval of the extension. The applicant had given a list of reasons explaining the need for the
extension.
Bradley Miller, Miller Land Planning Consultants, Inc., appeared representing Addison
Properties of South Florida, Inc. The project was moving forward. One of the contingencies on
financing was a percentage of presales and the applicant had about 45-50% in presales and
50% was the requirement. This would allow the applicant to continue with the permitting
process, payment of impact fees, and so forth. They were confident that would occur anq they
just needed additional time to make it happen.
Ms. Horenburger said most of the approved site plans came back to the board for extensions,
since they were only approved for a period of 12 months. In her experience, the site plans were
normally granted for 18 months. She hoped the City would consider extending site plan
approvals to 18 months. Mr. Breese indicated staff was considering doing just that in the
current LDR re-write.
There were no other board questions or issues.
Chair Tillman opened the floor public comment.
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Meeting Minutes
Community Redevelopment Agency
!l_oyntcm Beac~~ FloEida_n__
June 13, 2006
Flynn Holland, local resident, commented that she lived near the proposed proJect. She was
concerned about the parking at the proposed site. A friend went to look at it and said there was
not enough parking spaces for patients and staff. She wanted to protest that the project, as it
stood, was not viable in its location so close to residential. She wanted to see how this project
fit with the residential plan of the area. People will have to come out on the back road or S.E.
5th, which is a residential street with problems already.
Dom Desiderio, local business owner, owner of Atrium Place on South Federal Highway,
declared he supported all the projects. The problem businesses were having on Federal
Highway was that all they had was empty condos and empty lots. The projects had to be
pushed along. The merchants needed the business. The hurricanes had caused enough
problems and all of this had hurt business. They needed some help.
Rod Silverio, local resident, echoed Mr. Desiderio's comments. He also observed all the
empty lots and as much as this project would improve the area, it had never been fenced. All
the projects he had seen were fenced and kept nice. For a time, this motel area was piled high
with rubble. The City had to force developers to do demolition to maintain their empty lots. The
lumberyard stood empty for a very long time. He agreed with the extension but asked the
developer to do something about the appearance of the property also. He asked the City
require all developers to keep their lots looking good while going through the building process.
Bradley Miller responded to the comments about parking, noting the parking had been reviewed
by the City and found to be adequate. This was a hearing for an extension of the site plan
approval only.
Mr. Myott asked Mr. Breese what the standard or rules were for the maintenance of vacant
building sites. He agreed there were many of them and they varied in their appearance. Ms.
Bright had reviewed the City Commission's draft agenda, and they were creating a plan for
demolition and site protection activities to be issued as an ordinance. The ordinance would have
specific times for demolition and specific strategies for site protection. Mr. Myott asked the
applicant if he would conform to the new ordinance regarding the protection and maintenance
of the site. Mr. Miller would have to review the ordinance before making a commitment. He
realized that early on, there some issues about the demolition and when contacted, his client
took care of it immediately. They would do whatever they could do to keep the site in good
order.
Ms. Heavilin pointed out in the meantime, the hurricane season had begun. Were there any
special provisions to address the issue of loose debris. Mr. Breese responded whenever there
was a storm alert, the building and code inspectors drove around the City and notified the
developers, contractors, and others to reduce the potential of flying debris.
Ms. Bright indicated Jeff Livergood had spoken of debris control for hurricanes and they were
doing an extra pickup. There was also a special initiative in the Heart of Boynton where they
were cleaning not only their own CRA lots, but were willing to pick up anything in conjunction
with protection during hurricane season.
Ms. Horenburger asked if Code Enforcement had observed the Fairfield Apartments just north of
the Hemingway Square project, where there was wet, ugly furniture outside. She felt this
should be corrected.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Motion
Ms. Heavilin moved to approve a one-year time extension for the approved site plan and height
exception granted on April 19, 2005, from April 19, 2006 to April 19, 2007 for Boynton Beach
Lofts. Vice Chair Norem seconded the motion that passed 7-0.
As the time was 9:00 p.m., Vice Chair Norem raised the issue of whether or not the Lamar
Realty presentation would be made. It was determined earlier that Mr. Finkelstein would have
to be called 45 minutes ahead of any presentation. A discussion ensued about whether to hear
the two presentations under New Business from InTown and Lamar Realty and possibly a third
party interested in the Heart of Boynton but not on the agenda, Pinnacle Housing Group.
Procedurally, it was determined that Pinnacle was not on the agenda and that only the noticed
agenda items should be heard at this meeting. Since Attorney Spillias had given the board
members a memorandum with options pertaining to the CRA Redevelopment Requirements for
the Acquisition and Disposition of Real Property, some thought that should be presented first,
especially since one of the options was to go out for Request for Proposals.
Attorney Spillias commented that normally, agendas were reordered at the beginning of a
meeting and that presenters had a right to depend on the agenda as agreed upon. Adding the
Pinnacle item to the agenda at this point would not be appropriate; however, if the board
wished to do so, a special meeting could be set up, noticed and advertised where it could hear
all three developer presentations pertaining to the Heart of Boynton.
Ms. Miskel, representing InTown Development Group, declared if the Board Attorney's
memorandum led the board to decide to go through the RFP process, they would ref~ain from
presentation until such time as the RFP was brought before the board. In the event the board
chose to proceed without an RFP, they were prepared to present. She requested the board
consider the actions outlined in the Attorney's memorandum, since their decision could make
discussions moot at this time, depending on their chosen action.
Mr. Sims was in favor of hearing from InTown and Lamar Realty at this meeting, regardless of
the lateness of the hour and doing what it had to do to get Pinnacle on the agenda at another
meeting.
Mr. Myott was concerned that if they deferred the two developer presentations, they would go
to the City Commission and the CRA would lose its opportunity to review and comment. Ms.
Bright indicated she would not know that until the pre-agenda meeting to be held on June 16.
Attorney Spillias stated he had now heard twice that his memorandum called for going through
the RFP process and that was not what the memorandum said. He was ready to explain the
options contained in his memorandum when the board was ready. The consensus of the Board
was to hear Attorney Spillias' explanation of the options contained in his memorandum before
making a decision about the presentations from InTown and Lamar Realty.
Attorney Spillias indicated the board should consider the agenda items as listed on the agenda,
before discussion of his memo, which should be done just before the developer presentations.
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Community Redevelopment Agency
}~oynton Beach, ~I~!i~~____
June 13, 2006
_______."____n_.. ~.__
Motion
Ms. Horenburger moved to hear the final presentation of the FIU Metropolitan Center and to
reorder the agenda so that consideration of agenda items VIII-B and IX-1A and the Pulled
Consent Agenda items would be placed at the end of the agenda. If needed, they can move to
recess the meeting and finish at the workshop scheduled for June 22. Mr. Myott seconded the
motion.
Ms. Heavilin clarified that these items would be heard after Comments by Staff.
The motion passed 6-1, Vice Chair Norem dissenting.
VII. Pulled Consent Agenda Items
This was moved to follow XIII, Comments by Staff.
VIII. Old Business
An unidentified individual in the audience took issue with the reordering of the agenda, implying
the vote had not accurately reflected the will of the board. At the Chair's request, the
Recording Secretary declared the motion to reorder the agenda had passed 6-1, Vice Chair
Norem dissenting.
A. Final Presentation: FlU Metropolitan Center - CRA Housing Needs Assessment
Ned Murray, Ph.D., AICP, Associate Director, Metropolitan Center at Florida
International University, delivered the findings of the Housing Needs Assessment. The full
report is available as part of the permanent record. The report had been prepared under the
terms of a contract entered into with the CRA several months previously. Dr. Murray noted they
had prepared a similar study for the Broward Housing Partnership.
Critical Findings Summary
· Most employment is in the services and retail industries with retail comprising the
largest number of jobs (21,550).
· The median hourly rate for retail salespersons is $10.17 or $21,153 per year.
· The City has lost 16% of its rental units due to condo conversions (598 within the
CRA).
· The average rent for a two-bedroom apartment is currently $1,250, a 58 percent
increase since 2000.
· The "affordability gap" for single-family homes ranges from $74,458 to $216,680.
· The City of Boynton Beach's projected population and employment growth through
Year 2025 should create the demand for approximately 4,173 new workforce-
housing units (80-120 percent of the Average Median Income (AMI)) and 6,627
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Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
affordable rental-housing units for new households earning less than 80 percent of
the AMI.
. The CRA will absorb a significant portion of the City's projected population and
employment growth. There is an estimated demand of 2,900 units for the CRA at the
80-120% of AMI and an additional 4,606 rental units for households earning less
than 80% of the AMI.
. Thirty-four percent of CRA residents are housing cost burdened (paying more than
30% of income for housing).
. Ninety-eight percent of the housing stock is over 25 years old with 674 units
considered substandard.
Mr. Myott asked Dr. Murray to quote a price for a "for sale unit" that would equate to the 80-
120 percent of the AMI. Dr. Murray responded one of the last pieces they had done of the study
was a development feasibility analysis that looked at the price points at those various income
levels. In general, at the 80-120% level, the price of the "for sale unit" would be about $160-
170K.
Mr. Sims was in favor of the recommendations as given. He thought staff should be directed to
work on policy recommendations that take this information into consideration.
Mr. Myott noted a conclusion in the report that said, "In total, the City of Boynton Beach will
need to produce approximately 10,800 units that are affordable for households at or below
120% of the AMI by the year 2025 and 7,500 would need to be apportioned to the CRA." In
response to that, Mr. Myott asked:
. When looking at the development in the pipeline, were they on target or not?
. Were they heading towards non-affordable housing?
. Were they trying to change the makeup of the people?
. Were they looking to have people here with higher-paying jobs, lower paying, the
same?
. Where were they headed?
Dr. Murray declared that the current industry mix would probably not change much. That,
coupled with a 41 % appreciation rate in the eRA and a significant appreciation rate in the City
and County as a whole, meant there were really wide affordability gaps in the City and the
County. The CRA was not addressing the affordable housing issue at this time and given the
population and employment projections, that would remain the case unless it took action to
address it. Mr. Myott agreed they were not creating enough affordable housing, and they
would need to make that up in some way. Dr. Murray thought the study showed conclusively
there was a significant housing demand that was not being met.
Mr. DeMarco thought the information contained in this report was valuable and the CRA office
should share it with developers. It was also important to the formulation of the CRA's
objectives. Dr. Murray responded the study was meant to serve as background information for
discussions that should take place.
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Community Redevelopment Agency
B.... o. ynton B~_ac.:_t1-,-Flo-'.:i~~___u
... ------------------
June 13, 2006
-~ - .._~._--_..~-_._--_._.~_._-
Vice Chair Norem commented staff should review this and come back to the board with any
recommendations they felt were appropriate for the board to act on.
Ms. Horenburger commented there was a workshop where this was supposed to be presented
and she hoped in the future, workshops would be scheduled when the material was ready. She
referred to inclusionary zoning and communities that were determining what percentage of
affordable housing they had and plan to maintain that percentage in their plans. She did not
see a defined figure, other than the 41 % of households under the 80% AMI, about how much
affordable housing exists in the City. This is one of the things she had hoped the report would
show. She would not want Boynton Beach to become the "affordable housing capital" of Palm
Beach County. Because the CRA's median sales price was $222.5K and the City's was $350K, it
appeared they needed real redevelopment with affordable housing and not just the creation of
more affordable housing in the CRA than already existed on a percentage basis. They needed to
have a better mix than that and she thought they were seeing it with some of the projects
coming through, but the mix should be maintained. Ms. Horenburger saw a need for the CRA to
address infill housing, community development, and rehab housing. Then, she felt it was up to
the City, with its higher AMI rates, to develop more affordable units in the rest of the City to
balance it off. She also wanted staff to work on policy recommendations. In regard to
inclusionary zoning, Ms. Horenburger had heard there was a court decision against inclusionary
zoning and she asked the Board Attorney to research that issue. She still did not know the
percentage of affordable housing they had and still wanted to receive that figure.
Chair Tillman agreed. In considering the Housing Needs Assessment, he asked:
. What did the median mean?
. What was affordable housing? What was not?
. What was the availability of affordable housing stock in the CRA now7
. What could the CRA do to add to that stock7
. Did they have too much affordable housing?
. When Habitat for Humanity came in did that help to add to the affordable housing
stock? What was Habitat's mission?
Once they understood the foregoing, they could meet the demand for affordable housing in the
future. It was a continuing process.
Chair Tillman thanked Dr. Murray for his report.
B.
Demolition
Consideration to Pay Additional Costs Associated with Boynton Terrace
This was moved to follow XIII, Comments by Staff.
VIII. New Business
Ms. Bright reminded the board at last week's City Commission meeting, the City Commission
rejected signing of the Letter of Intent for the MLK Self Assembly Group. She pointed out the
letter from Pinnacle Housing had been distributed to the board to let them know there were
other developers interested in the Heart of Boynton. She looked to the board for direction on
how to respond to the letter from Pinnacle. She believed the board now wanted to hear
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Attorney Spillias speak about his memorandum on CRA redevelopment requirements for the
acquisition and disposition of real property. Chair Tillman reiterated the letter from Pinnacle was
not on the agenda and he did not feel it could be addressed at this meeting. If the Executive
Director wished to bring Pinnacle in to make a presentation under a future agenda, that would
be fine. The board concurred.
Chair Tillman did not believe the self-assembly process could move forward in light of the City
Commission's refusal to sign the Letter of Intent.
Ms. Horenburger believed before hearing presentations, they had to understand the information
in Attorney Spillias' memorandum. It would not be fair to ask for presentations if the board
decided to go through the RFP process, one of the options in the referenced memorandum.
Attorney Spillias indicated a threshold decision had to be made in that regard, particularly in
light of what was said by the representative of one of the presenters earlier in the meeting.
Attorney Spillias made clear they were dealing with a situation where there was an area the
CRA wanted to see redeveloped and in which the CRA owned property. The City and private
interests owned property there also. The Self Assembly Group was an effort to bring all that
together and allow the CRA to have a role in the development of that property. Chapter 163,
Part III, of the Community Redevelopment Act, provided the CRA a .9reat deal of flexibility in
how to go forward in encouraging redevelopment in the redevelopment plan area. It could
participate as a developer, and this was one approach that had been taken. It had not worked
and they were now looking at other approaches.
Attorney Spillias informed the board of the various options and restrictions pertaining to the
acquisition or disposition of real property and the requirements of State Statute, Chapter
163.380 (1) (2) and (3) (a) governing Community Redevelopment Agencies. The letter is made
a part of the minutes and is available in the permanent record.
Attorney Spillias made it known that the discussion pertained to the CRA's responsibilities, but
he believed the City's responsibilities would be the same and they owned property in this area
as well.
In discussion, it seemed to Mr. Myott there were two options: 1) for the CRA to act as a
developer or, 2) allow other parties to present proposals through public notice. Attorney Spillias
concurred. Attorney Spillias added that even in the context of being a developer, if part of that
involved transferring the property to another entity, they would have to go through the same
process. Mr. Myott heard they would have to maintain ownership throughout the process.
Attorney Spillias added they could do it through some sort of agreement that identified at the
end who the ultimate owner/developer would be.
Vice Chair Norem recalled the City Commission meeting of the previous week, saying the City
Commission made it very clear that they did not want to be landlords at all. The Heart of
Boynton project Phase 1 had CRA owned property and City-owned property and property
owned by individuals. There were also properties going through the eminent domain process
that the CRA would eventually own; however, he was not certain of the status. He did not think
the CRA needed to be involved on a partnership basis as a developer. If they were offered a fair
market value (which was not always dollars) in consideration for what the property is
transferred for, that might be a better and cleaner deal, especially with the hodge-podge of
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Community Redevelopment Agency
B~yn~on !J~ach, Florida
June 13, 2006
properties on the map. It appeared to Mr. Norem that some landowners were "stirring the
pot," and Ms. Bright concurred. Mr. Norem asked Ms. Bright to elaborate on that so they would
have an idea of what they really had or did not have in terms of property.
Ms. Bright declared the domain legislation signed into law by the Governor was supposed to
protect transactions already in the process. It was her understanding from E-mails and
communications from the City Manager that counsel for the landowners was questioning the
Order of Taking. Also, the owners of the parcels in eminent domain also own vacant lots, so
they were bringing up the question, "Why were we allowing consideration of other vacant
parcels to be part of the development cycle with theirs being taken?" That was important
according to the eminent domain attorney for the City, because the judge was questioning the
CRA's actions. A strategy meeting was being planned with regard to those particular parcels.
Ms. Heavilin asked if those parcels could be identified for the board. Ms. Bright knew them by
number, but said there were some on the south side (9th Avenue), some on the north side of 9th
Avenue (Mr. King and King Robinson's parcels), Ms. Bell's parcel. Jesus House of Worship was
not in eminent domain action. Mr. Barry was not part of eminent domain or option or purchase
or self-assembly. The Golly lawsuit was being questioned. The four they thought would go
through rather quickly were in question.
Vice Chair Norem did not see how they could possibly go out with an RFP on anything. The CRA
was an isolated landowner just like half the people in the block.
Ms. Horenburger asked the Attorney's opinion on declaring a master developer before going
through the process under Chapter 163. Attorney Spillias responded the CRA Act clearly stated,
in moving forward with the redevelopment of the redevelopment plan area, the CRA was to
work with and encourage the private sector redevelopment of land. It was geared towards the
CRA and the City not being the developer. It was based on the premise the private sector was
the best to do the development and the CRA's and the City's job was to identify the slum and
blight area and to the extent it could, acquire land and make it available to the developers in
ways that let them go forward. There was no requirement to have a master developer. If
someone had a plan for an area that the CRA determined met the goals of the redevelopment
plan, had the capability of doing it, and the land they owned was crucial for them doing it, the
CRA could enter into a contract with them to make the 'and available and let them redevelop it.
The contract could have stipulations in terms of timing or, to some extent, the nature of the
project. There was no one way to do this.
Ms. Horenburger asked if they could name a master developer before going through the 30-day
process to sell the land. Attorney Spillias felt they could, but questioned if they did not know
whether they could get the land, what could they do? Ms. Horenburger commented if they were
to name a master developer, many people who had speculated would finally come to terms
with the fact they were going to sell to us or them. Attorney Spillias indicated they could name
a preferred developer based on information and presentations provided, negotiations, and the
belief that together with your efforts, they would be able to assemble the land and do the
project.
Ms. Horenburger further commented the Heart of Boynton Plan began nearly six years ago. The
delay was due to certain officials fending off development interests so speculators could come
into the Heart of Boynton and profit at taxpayer's expense while absolutely nothing was done to
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
benefit the community. The delays caused not only the price of land to be artificially inflated, as
was proved by the Treasure Coast Study, but during that time, construction costs escalated due
to the shortage of materials and manpower plus the storm damage of the last two years. The
Treasure Coast study showed that the cost of the MLK Corridor Redevelopment would be far
more than originally anticipated in the HOB Plan. Their conclusion was that it would need to be
subsidized by either increased density or TIF incentives, or a combination of both, and these
kinds of things would be future policy decisions of this board. Ms. Horenburger opined it was
time to stop the bleeding of taxpayer money and give the City a redevelopment project to be
proud of. The MLK Corridor needed to be developed as one cohesive project from US 1 to
Sea crest Boulevard and from Northeast 9th to Northeast 11th It should be the finest, most
livable and economically viable redevelopment possible to generate other activity in the whole
region of the Heart of Boynton. She thought the board should make a decision tonight to have
the presentations or go out to RFP.
Mr. Sims was skeptical about not allowing a variety of proposals to come before the board. He
was not in favor of choosing a developer and giving him carte blanche. He hoped an RFP would
solicit proposals from developers who would take into consideration what the residents and
business owners of the Heart of Boynton area would like to see. That was the most effective,
most traditional way to do it. Mr. Sims wholeheartedly agreed with Ms. Horenburger's comment
about redeveloping the Heart of Boynton in a unified, cohesive manner throughout the entire
area and not in little parts. With an RFP, they would still have an opportunity to set a timeline of
when they wanted to see things done.
Ms. Heavilin concurred with Mr. Myott and Vice Chair Norem - the CRA shouldn't be developers.
She was in favor of disposing of the properties owned by the CRA. She envisioned disposing of
the properties and turning that money into subsidizing land buy downs or affordable housing.
She had heard loud and clear that they were not doing enough fast enough in the Heart of
Boynton. She felt the CRA would be selling the community short knowing there were developers
interested in doing the redevelopment if the CRA did not go through the RFP process. She
wanted to let everyone respond. The CRA should not name one developer. They owed that to
the Heart of Boynton. She thought there was a narrow strip of land on the north side of MLK
Boulevard owned by the City and the CRA and that this could be used as a starting point. Ms.
Bright responded they owned this, except for the pieces on the corner, which were in eminent
domain.
Mr. Myott was in favor of offering CRA lands for disposition to let interested developers in the
private sector bring offers and create their own proposals. If three were interested, let them
make presentations. He was prepared to support letting the properties go according to what
they had paid. He wanted to get a recommendation from the Board Attorney about how to do
the same things with properties now in the eminent domain process. He asked Mr. Spillias if
the eminent domain process would be stopped or allowed to keep going?
Attorney Spillias advised he had not been involved in the discussions Ms. Bright mentioned, but
his view was that once the eminent domain process had started, it should not be made
retroactive - the Statute should not apply. To declare that the removal of slum and blight was
not a public purpose - that was the part of the Statute that killed CRAs. There had been no
court decision yet. Those who were resisting eminent domain were going to raise the issue and
say this was some sort of remedial statute and therefore, did apply retroactively. Assuming the
property was acquired, if the board went to a full RFP process or even just the inviting
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Community Redevelopment Agency
B<<?yn!on Beach, Florida
June 13, 2006
proposals process, the CRA would have to provide all the information available and the land
available or that it believed it would have available. As long as all of that occurred at least 30
days before any final contract to sell the land, the requirements of the Statute would be met.
Mr. Myott was in favor of offering all the lands the CRA owned and the lands that were
presently under the eminent domain process for disposition to interested parties. Mr. Spillias
added in receiving proposals, one of the things that could influence the board would be the
financial capability of the proposers to acquire the land that was under eminent domain right
now. Mr. Myatt agreed, saying another criteria was that any proposer would follow the Treasure
Coast Planning Council's recommendations for the type of development. The criteria were set
and he was comfortable with letting the private sector have a shot at it.
Mr. DeMarco stressed that one of the most important things was to find out the reputation,
background, and financial capabilities of an entity. It was important to ascertain whether they
were financially capable of doing the job.
Chair Tillman echoed Mr. DeMarco's sentiments. He declared the Heart of Boynton was a
phased development and it was time to "get off the dime." There were some issues that had
slowed this down tremendously, driving land prices to speculative heights and causing
confusion. He was in favor of providing an opportunity for development in every corner of the
CRA area, regardless of where it was, and that included the HOB area. He was in favor of
disposing of the property owned by the CRA. The main reason they acquired it was to move the
project forward, but now they were at a crossroads. He wanted to see market considerations
come forward. If it became necessary for a 30-day period to have some other group come in
with a proposal, let market considerations deal with them. He encouraged the members to
move this issue and process forward to the point where private parties talked to each other
more than the CRA. He would be in favor of seeing what the private sector could do. The
longer the deliberations continued, the more likely it was that 'and prices would continue to
rise, confusion reign, and nothing would be done in the HOB area.
Motion
Ms. Horenburger moved to direct CRA staff to draft a basic RFP for a master developer of the
MLK Corridor between U.S. 1 to the east and Seacrest Boulevard to the west and from S.W. 9th
to S.W. 11th Avenues. The draft shall include the following requirements of the proposers: 1)
financial capability to complete a project of this scope; 2) documented experience of their team
in the redevelopment of an MLK Corridor of like size; 3) conformance of their proposed plan to
the general tenets of the Heart of Boynton adopted Plan and the Treasure Coast Regional
Planning Council Heart of Boynton Study; 4) a requirement that the proposers agree to their
plan being subject to future policy determinations this board will have to make as outlined by
the Study; 5) willingness on the part of the proposer to purchase the CRA's MLK Corridor
property. The draft shall also include the eRA's intention to sell the real property it owns in the
area defined to the proposer and shall also state that only those who meet every criteria of the
RFP will be invited to present their response at the selection meeting. The draft shall be
presented to this board for a vote to issue the RFP at a special meeting (or continue at this
meeting) to be held at the time of the CRA workshop on Thursday, June 22, 2006 and noticed
by advertisement the next day, which shall include the intention again to sell the property
owned by the CRA. The draft shall include a response date by the proposers of Monday, July
24, 2006. The CRA board at its next regular meeting on Tuesday, August 8, will hear only
qualified presentations and vote to select a master developer.
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Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Chair Tillman passed the gavel to Vice Chair Norem and seconded the motion.
Ms. Heavilin declared she would vote against it because there was too much in it. She wanted
to direct staff to prepare a full RFP for Phase 1 and let them bring it back to us.
Mr. Myott would vote against it because he did not think they should have the full RFP and they
ought to let the land be available and let the interest rise to the surface from the private sector.
Mr. Sims got lost in the length of the motion. He lost the gist of it.
Mr. DeMarco agreed with Ms. Heavilin, Mr. Sims, and Mr. Myott, saying he could not vote for it
because he could not digest everything that was in the motion.
Ms. Horenburger offered to pass the copy of the motion down the board in written form.
Chair Tillman supported the motion.
Mr. Sims asked if it could be restated one more time. Ms. Horenburger stated, "financial
capability, experience, tenets of HOB and Treasure Coast, future policy determinations by
board, and willingness to buy the property" were the primary features of the motion.
Vice Chair Norem would not be in favor of the motion as stated, but would be more in favor of
having staff come back to the board with an RFP. If this motion failed, they could invite
another one.
Ms. Horenburger asked if the board did not want those items in an RFP? Vice Chair Norem
wanted to leave it to the professional staff, who might put those items in.
Ms. Bright reminded the board that at last month's meeting, the CRA was given direction to run
concurrent with the MLK Self Assembly. They had a 90% possibility of presenting a draft for I
approval if they could do a special meeting before the workshop on June 22. The RFP draft
could be finalized at a meeting with Legal and given to the board.
Chair Tillman commented that if the members had listened to the motion, it already contained
what would have come back to the board from staff.
Vice Chair Norem asked staff how they viewed the current motion that was on the table. Ms.
Bright said the only clarification she would need was it sounded like the scope of the project
area was expanded from what they drafted in the original RFP, which was basically the Phase I
project area. She heard from Federal Highway all the way to Seacrest. Ms. Horenburger agreed,
saying that was to make a more cohesive project.
Ms. Heavilin offered a substitute motion.
Motion
Ms. Heavilin moved to direct staff to come back to the board at the continuation meeting on
June 22 with an RFP for Phase I in the Heart of Boynton. Mr. Myott seconded the motion.
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Community Redevelopment Agency
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------.-.--- - -----.
Ms. Bright asked if that meant Project Area 1 and 2 or 1"1 ~v]s. Heavilin replied, Project Area 1.
Mr. Sims would vote it down because he liked the unified, more cohesive concept. However, he
did like the fact they were coming back as quickly as possible to move it forward.
Chair Tillman raised a point of order to move on the original motion. Vice Chair Norem and
Attorney Spillias advised they had to move on the substitute motion first.
Vice Chair Norem called for a vote on the substitute motion. The motion failed. The board
returned to consideration of the original motion. Vice Chair Norem asked for comments.
Mr. Myott asked the maker of that motion to include that simultaneously to that motion, the
'and be advertised for disposition. Ms. Horenburger said they would have to vote on that at the
workshop and the next day it could all be advertised. That was in the motion.
Attorney Spillias' understanding of the original motion was to proceed as the Statute provided,
once they decided what the advertisement would include and what the nature of the invitation
to propose would be.
Mr. Myott did not think that was the most expedient way to proceed. He felt the CRA-owned
property should be offered for disposition and see what happened. Let the folks who were
interested, three of them apparently, make proposals.
Ms. Heavilin was not sure that on a Letter of Interest they could require the same information
that they could on an RFP - an RFP went further in terms of qualifying the developer and the
project. The turnaround time, according to staff, was the RFP could be issued the day after
June 22 and give the developers 30 days to respond. Ms. Bright said it could be published on
June 23 if they approved it on the nnd. The responses could be received by June 24 and
brought to the CRA board meeting of August 8.
Ms. Heavilin would be opposed to a Letter of Interest and wanted a full RFP. She felt they had
more control over the projects and the qualifications.
Ms. Heavilin asked for clarification on the Phase in the original motion. Vice Chair Norem said it
was basically an expanded Phase 1 - the cohesive plan advocated by Ms. Horenburger.
Vote
The motion passed 6-1, Ms. Heavilin dissenting.
Motion
Ms. Horenburger moved to request the City Commission declare its intent, as soon as possible,
by advertisement of same as is laid out in the CRA Statute, of its intention to sell the parcels it
owned in the area designated by its motion to an eventual master developer or whomever was
chosen through the CRA's RFP process. Mr. Myott seconded the motion that passed 7-0.
Vice Chair Norem passed the gavel back to Chair Tillman.
Bonnie Miskel came to the podium and stated that based on the board's action, InTown
Development would like to withdraw its request to present this evening.
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Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Motion
Ms. Horenburger moved to table Agenda Item IX-1, A and B. Vice Chair Norem seconded the
motion that passed 7-0.
Ms. Heavilin moved to recess the meeting until Thursday, June 22, but the other members
wished to stay to handle the rest of the agenda. Ms. Bright indicated there would very likely be
a lengthy discussion at the Savage Creatures workshop on the 22od. Also, Ms. Bright indicated
the Assistant City Attorney was present for the Boynton Terrace demolition item.
A. InTown Development Presentation - HOB Phase 1 Project Area (TABLED)
B. Lamar Realty Development Presentation - HOB Phase 1 Project Area (TABLED)
VII. Pulled Consent Agenda Items
y Consent Agenda Item IV-B, Approval of Financial Results - May 31/ 2006
Mr. Myott said the report was all about numbers. He wanted to know, briefly, how the CRA
finances were doing, in words. Mr. Reardon said the finances were on track, less expended than
they could be. The biggest item still remaining in the May budget was the $2M set-aside for The
Arches project. In the June report, he moved that to the balance sheet because the money
was owed; it was a liability for the CRA. That would bring the budget in line with true numbers.
The budget was doing well. He was a little nervous about some of the expenditures being
added on. At the next staff meeting he would ask staff to pull the reins in. Mr. Myott asked
whether the additional money for the Boynton Terrace item would fall into that. Mr. Reardon
advised it would.
Motion
Vice Chair Norem moved to approve consent agenda item IV-B. Ms. Horenburger seconded the
motion that passed 7 -0.
y Consent Agenda Item IV-F, Rescind Old High School Inter/ocal Agreement & Replace
with an Inter/ocal Agreement Without Financial Consideration
Ms. Horenburger understood the City was conveying the Old High School to the CRA, but
without parking. Ms. Bright replied that was correct, but she had received a subsequent e-mail
from the City Manager. The CRA had gone out with an RFP for presentations on the best use of
the Old High School. Ms. Bright hoped that by the following month, the board would hear
presentations from the top RFP responders and make a decision. Depending on that decision,
the City was willing to look at alternative parking sites, alternative City Hall sites, or a variety of
alternatives to make whatever project was selected for the High School work.
Ms. Heavilin wanted clarification there would not be ramifications about the CRA terminating an
agreement with the City. Attorney Spillias advised under the agreement, the CRA had the right
to decide not to fund its obligations. If they did that, the City had 30 days to exercise its
reversionary interest to take the Old High School back. If they refused to do that, then the eRA
had the right to do whatever it wanted with the Old High School. Mr. Myott perceived they
could take it back and tear it down, and Ms. Bright agreed that was the case. Attorney Spillias
31
Meeting Minutes
Community Redevelopment Agency
~()ynton Be~~~L~I~~i_~~_
June 13, 2006
_. ..------------.---- .._.__.._..~_._----
indicated this would give the City 30 days to come into another kind of agreement with the
CRA.
Mr. Myott noted they were not even funding the maintenance of keeping the roof watertight
while trying to figure it out. The CRA could be making the situation worse by not funding it at
all.
Mr. Reardon had brought this up because the former Director had pledged monies he had no
right to pledge when the HOB Phase 1 was trying to get that money that was so critical. It was
incumbent on the CRA to give the Interlocal Agreement back to the City, since they needed the
money. for something else.
Mr. Myott did not believe any requests for grants had been made, and Ms. Bright confirmed
that was the case. Mr. Myott felt the City or the CRA should have done something to try to find
historical preservation support. Mr. Reardon contended it was the Agency's problem because
the former Director sold the City that position. The Interlocal Agreement went forward without
parking and without money. Mr. Myott noted the former Director had been gone for some time
now and they had not really tried to make any progress along the way. The Old High School
meant a lot to him and it was an historic, nice building. He questioned whether they were
putting it at risk or should they negotiate with the City for a new Interlocal Agreement instead
of just giving it back to them.
Chair Tillman mentioned he had dealt with this issue from the beginning. He felt the continued
maintenance and liability involved in keeping the building would be horrendous. Staff was trying
to get things in order through the RFP process. To get things in order to be able to move
forward financially at that date and time, it needed to be cleared out. Mr. Myott asked if the
City was on board with the RFP process, and Ms. Bright replied it was.
Ms. Bright commented they had done some investigation for the historic preservation grants
because they did have the designation. The $4M needed would take up to seven to ten years to
get in the form of grants.
Motion
Ms. Horenburger moved to approve Consent Agenda Item IV-F. The motion was duly seconded
and passed 7-0.
);;- Consent Agenda Item IV-h Approval of eRA Classification & Pay Program
Mr. Sims said he was rescinding his request to discuss this. He will talk to Ms. Bright at some
other time.
Motion
Vice Chair Norem moved to approve Consent Agenda Item IV-H, Approval of CRA Classification
& Pay Program. Ms. Horenburger seconded the motion.
Ms. Horenburger commented the Finance & Operations Manager, who often served as the
Assistant to the Director, seemed to have a much lower pay scale than all the other employees
except the Executive's Assistant. She thought this needed to be cured.
32
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Susan Harris, Finance Assistant, indicated that was her position. Prior to his promotion to
Assistant Director, Mr. Reardon's position was the Finance & Operations Manager.
The motion passed 7-0.
>- Consent Agenda Item IV-~ Approval of Resolution No. 05-161 ProhIbition of Former
Employees
Ms. Heavilin asked if this meant that if any employees left the employ of the CRA, they could
not be involved in any project coming before the CRA or just could not present before the CRA?
Ms. Bright responded any former employee, contract or non-contract, for a period of two years
post-employment date, could not represent someone else to the CRA in a paid compensation
position. Ms. Heavilin understood they could not represent anyone, but could they work on a
project in the CRA. Ms. Bright said they just could not present to the CRA. They could not
represent a client before the CRA. Ms. Heavilin asked if they could work with a client without
actually representing him? Attorney Spillias said this was in the context of presenting or
lobbying. The reason for these kinds of prohibitions was to prevent someone from utilizing their
contacts and relationships with the agency to get an undue or unfair advantage. If someone
worked on a project in a manner in which the CRA did not know they were working on a
project, say in a research capacity, it might be difficult to stop. Ms. Heavilin was not sure that if
one of the planners left and did some planning/consulting on a project, that should be
prohibited, and Mr. Spillias agreed - as long as the CRA did not know they were working on the
project. This did not apply to board members and it would only apply going forward, not
retroactively.
Motion
Ms. Heavilin moved to approve Consent Agenda Item IV-I, Approval of Resolution No. 05-16,
Prohibition of Former Employees. Mr. Myott seconded the motion that passed 7-0.
VIII. Old Business (heard out of order by consent)
B. Consideration to Pay Additional Costs Associated with Boynton Terrace
Demolition
Ms. Bright announced the Assistant City Attorney was present to discuss this. The original
Interlocal Agreement (ILA) stipulated the CRA would pay up to $350K but that had expired.
This request came in over staff authority, so it was a policy decision to pay the additional
amount to the City. There was also a lawsuit going on concerning it.
Ms. Jamila Alexander, Assistant City Attorney, City of Boynton Beach, declared this matter had
arisen from an lLA between the CRA and the City regarding demolition of Boynton Terrace. In
the actual agreement it said the City received estimates of demolition costs for $350K. The
estimates were lower than the actual expense, which turned out to be $371K. The City was now
a party in a lawsuit against the owner of the property, which is under foreclosure now, and the
City has a lien against the property for the entire $371K. The CRA had paid the City $350K so
now before the board was the $21K above and beyond the estimated amount for the
demolition. The City did not have the $21K in its budget to pay this additional amount. Vice
Chair Norem indicated the CRA did not have it in its budget either. Ms. Alexander continued,
33
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, ~I~rid~__n
June 13, 2006
saying another reason she was here was that since the City had placed a lien on the property,
the CRA in one of its meetings and in a letter to the landowner, had stated the landowner
would not be responsible for paying any demolition liens. Meanwhile, the City is still seeking to
have the lien paid. The City was asking the CRA to pay the additional cost of the demolition,
$21K, and if not, then the City would proceed with enforcing the lien on the property.
Attorney Spillias advised there were more facts involved than the ones presented. Once the lien
was placed on the property, the City was supposed to assign the lien to the CRA under the
agreement. The City was waiting, since they had not received the full amount of payment, and
the lien had not been assigned at this time. The portion of Ms. Alexander's comment that the
CRA had agreed with the property owner to release the entire lien was in the context of a Direct
Incentive Grant Agreement with the property owner. The Direct Incentive Grant recipient was
Ocean Breeze. The agreement provided the CRA would give incentive monies of up to about
$1.3M and forgive the lien; however, one thing is the foreclosure action was not on a lien by
the City, it was a foreclosure action by the lender on the property. This was a third-party
foreclosure action. It raised questions about whether or not the property owner would ever be
in a position to receive a Direct Incentive Grant, and even if he did resolve this with the lender,
he was not entitled to the Direct Incentive Grant monies until he had met the conditions of the
Direct Incentive Grant (a certain number of affordable units.)
Attorney Spillias continued, saying if the CRA was willing to pay the City the additional money
for the demolition, $21K, they should receive the assignment of the full lien and then retain the
lien. He did not know whether the foreclosure action would extinguish the lien. Ms. Alexander
said the lien was on the property at the same level as taxes, so she did not believe the
foreclosure would extinguish the lien. Attorney Spillias thought this should be double-checked.
If it did extinguish the lien, then the CRA still had the right to go after the property owner for
the amount of the money at issue. The other option was if the property owner said he had
worked out the financing with the lender and needed to get the lien removed, his
recommendation would be not to do that unless he bonded it off. That way, the CRA would
have surety to go against. Ultimately, the CRA would probably have some remedy for this issue
if the board decided to pay the City the additional monies. But, they would need to get the
assignment of the lien to the CRA contemporaneous with that.
Vice Chair Norem confirmed this was not in the budget. Mr. Reardon stated it was not in the
budget and it was really $26K because they had paid $345K. Vice Chair Norem asked if it could
be funded from unbudgeted funds and Mr. Reardon responded affirmatively. Vice Chair Norem
thought if they did that and the property owner asked for extensions, the CRA could add
conditions to the extensions and Mr. Spillias confirmed it. Vice Chair Norem thought the board
had a good position to deny paying this to the City, but he would be in favor of paying it, which
would make it a little cleaner.
Ms. Alexander said they would have to assign the entire lien to the CRA and if the entire
amount due was $371K as opposed to $350K, there was $26K not being paid and in limbo.
Motion
Vice Chair Norem moved to pay the additional $21K for the demolition of the Boynton Terrace.
Mr. Myott seconded the motion.
34
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
The statement was added, "with contemporaneous assignment of the lien to the CRA." Vice
Chair Norem and Mr. Myott agreed.
Motion
Vice Chair Norem moved to pay the costs associated with the Boynton Terrace Demolition. Mr.
Myott seconded the motion.
Mr. Myott asked to include the phrase in the motion, "with the understanding the eRA gets full
lien rights." Vice Chair Norem agreed.
The motion passed 7-0.
IX. New Business
LA) Consideration of Off-Duty Police Detail Contract for Marina Roadway Construction
(heard out of order by consensus)
Ms. Bright explained the Marina Roadway had opened for the reconstruction of Casa Loma
Boulevard and N.E. 6th Street. Flagmen were in place and paid for by The Related Group.
However, there were pedestrian traffic and public safety concerns that relate to the CRA's own
Marina parking and drop-off as well as those individuals having to park in the off-site parking lot
on N.E. 6th Street and 1st Avenue. There had also been complaints about things being left on
the Promenade. Until the signs were in place and the roadway completed, which was expected
to be July 19, 2006, staff was asking for authorization to approve a two-man overtime Police
detail with a 16 hour day from June 14, 2006 through July 19, 2006 at a rate of $38.00 per
hour. The fiscal impact would be $36,480.00.
Chair Tillman had heard the City was adopting an ordinance to protect that area. At that point,
would the City pick up security? Ms. Bright doubted it the City would pay for extra security. She
and Mr. Reardon had to meet with Public Works, because the CRA was responsible for the
maintenance.
Ms. Heavilin asked if they had the money. Mr. Reardon responded there was $100K left in the
Police line item. This was chosen because they could get the $26K for the Boynton Terrace item
from that source as well.
Motion
Ms. Heavilin moved to approve the recommendation for an overtime Police detail contract to
cover the marina area. Mr. Sims seconded the motion that passed 7-0.
IX. Comments by Board Members (heard out of order by consensus)
Chair Tillman's only comment was for the agenda in this section to list the Executive Director
and Staff's comments first, followed by the current list. Also, if some issues were brought up by
staff or the Executive Director, the board could discuss the information.
Vice Chair Norem had three comments: 1) He thought it would be good to start the CRA
meetings with a prayer and a pledge and if the board concurred, he would like to see that
added to the agenda; 2) He knew there were three laser pointers, but asked if they could have
35
Meeting Minutes
Community Redevelopment Agency
B. oynton Beach, Florid~m___
---.-,,- -----"--------------_.-- --- ------- - --
June 13, 2006
a laser pointer with a big dot. It was not possible to see the dot across the chambers from a
person making a presentation from the opposite side of the room; 3) He thought the Valero
gas station in the Sunshine Square project discussed earlier would make a nice park and art
corner.
Ms. Bright responded she was meeting with Sunshine Square and they were contemplating
having a huge decorative art wall to encompass it. They were given many suggestions for this.
Ms. Horenburger observed they were seeing a lot of gas stations going away due to
redevelopment, and they did not want them to go away.
Ms. Heavilin stated Ocean Plaza was the only viable pocket of retail in the Central Business
District at this time and they needed a little help, everything else having been torn down for
redevelopment. The sixteen businesses were planning a promotional event on Friday, July 21,
and the goal was to generate interest and excitement in the downtown area for the small
businesses. She felt this should be part of the CRA's Small Business and Economic Development
program. They were planning entertainment, advertising, a lot of things for children, a dog
parade, and art demonstrations. She had been asked to approach the CRA to see if they
agreed this would qualify for an economic incentive or program. If so, would the CRA allocate
some funds for it, at least $1K. Their budget for the event was estimated at $3K.
Ms. Horenburger thought that was a tough time to throw a party since many people would be
out of town. Ms. Heavilin believed the point was to help the businesses make it through the
summer. It was dead right now. So many people did not know it was there. It was fully
occupied right now. She did not know if it could be a CRA-sanctioned event or just a donation
under the umbrella of Business Development. The CRA board and staff were invited.
Mr. Myott said as long as staff could squeeze it in, he would approve it. Ms. Bright said they
could donate money, but not staff time. They were beginning their move next week.
Mr. Sims expressed approval of the idea.
Ms. Heavilin stated they were also thinking of doing a fundraiser for some charity in the CRA
area to help generate more publicity, such as the Children's Museum.
Motion
Ms. Horenburger moved to approve a donation of $1K for Ocean Plaza's event on July 21. Mr.
Myott seconded the motion that passed 7-0.
Ms. Heavilin continued with comments, saying she preferred under Public Hearing to go back to
hearing the public before staff because they could respond to issues the public might raise.
Also, she did not like being called upon to comment. If she had something to say, she would
say it. She also felt it led to people making comments just because they were called upon. Ms.
Horenburger thought the asking for comments from everyone made the process much more
orderly. Mr. Myott agreed. Chair Tillman stated he like to keep it in order.
Ms. Horenburger noted that on other boards, when an issue came up, a motion was put on the
table right away and then it was discussed. That was how she understood Robert's Rules and
how she had always seen it done. Here, a motion is made at the very last second when
everyone had spoken. Attorney Spillias noted that under the very strict Robert's Rules, a motion
36
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
is made first, but the various boards could modify Robert's Rules to meet their needs. Many
governmental bodies preferred to have some discussion before making the motion. Ms.
Horenburger stated it did help in that more things were probably included in the motion after
discussion. Mr. Myott preferred to continue the board's current practice.
Ms. Horenburger commented that the Treasure Coast Regional Planning Council's Study
suggested the CRA consider moving to a form-based Code. She asked Ms. Bright to get more
information. Mr. Myott felt the Design Guidelines were a step towards that.
Mr. Sims asked to have copies of presentations provided to the board members ahead of time,
even if the presenter just handed out copies to the board members before the presentation.
Ms. Bright will ask the presenters to do this.
Chair Tillman remarked that when the members got their agenda packets on the Friday before
a meeting, there was a very large amount of material to be read and digested. If the
information was available earlier, even in draft form, it could be sent to the members, who
could get the final copies on the night of the meeting. Ms. Bright responded the CRA material
was usually available early, but not the Planning & Zoning staff reports. She had, however,
gotten mixed messages from different boards members, some of whom did not like to get a lot
of paper. Ms. Heavilin asked if the members could get the CRA material early and the Planning
& Zoning material on Fridays. Ms. Heavilin was opposed to drafts because she felt she had to
scan the final to see what the difference was.
XI. Comments by Board Attorney
Attorney Spillias commented that rather than doing the RFP as a continuation of this meeting,
they should schedule a special meeting for June 22 at 5:55 p.m. to consider the RFP item. That
would be the only item on the agenda and the only item that could be addressed. When that
item had been addressed, the workshop could begin. Ms. Bright reminded the members the
workshop and RFP meeting was at the Holiday Inn at Congress at the Catalina Center.
Motion
Vice Chair Norem moved to call a special meeting for June 22, 2006 at 5:55 p.m. to discuss the
RFP issue. Ms. Horenburger seconded the motion that passed 7-0.
XII. Comments by Executive Director
Ms. Bright commented that Ocean One had gone to the City Commission and had sent her a
formal letter. She would be meeting with the board on this next month. Staff was preparing a
parking plan and the board's decision on Savage Creatures would affect the calculations for
downtown parking.
August 4, 2006 was targeted for an all-day board governance workshop. (Note: The meeting
will be held at the Holiday Inn in Highland Beach starting at 9:00 a.m. and ending at 4:00 p.m.)
Ms. Bright learned through the City that the TV station was about two months behind.
37
Meeting Minutes
Community Redevelopment Agency
Boy_nt~n B_~~<::~, Florida
__.___....... .... ___ _..u.___n
June 13, 2006
-- - -- - ---
Ms. Bright noted a couple of the board members wanted the meetings to either start at 6 p.m.
or have two set working meetings a month. Several board members had mentioned it was a lot
to get through in one meeting.
Mr. Reardon asked everyone to enjoy the wayfinding signs, seven of which were up!
XIII. Future Project Review
r Town Center at Waterpoint Park & Ocean Point Towers - Ridgmoor Development
XIV. Future CRA Workshops and Events
A. Savage Creatures Workshop - June 22, 2006
Holiday Inn Catalina, 1601 N. Congress Avenue, Boynton Beach, FI.
B. State of CRA Luncheon
Wednesday, July 12, 2006
11:30 a.m. - 1:30 p.m.
Boynton Beach Women's Club, 1010 S. Federal Highway
XV. Adjournment
Motion
Ms. Horenburger moved to adjourn the meeting at 11 :30 p.m., seconded by Ms. Heavilin and
passed 7-0.
Respectfully submitted,
s:n~~1
Susan Collins
Recording Secretary
(061306)
11 ~;
~~.
38
VI. CONSENT AGENDA:
B. APPROVAL OF THE FINANCIAL RESULTS
JUNE 30, 2006
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl!. Dates Turned into CRA Office Meetinl!. Dates CRA Office
iii January 10, 2006 December 27, 2005 (Noon) . July 11, 2006 June 27, 2006 (Noon)
iii February 14, 2006 January 31, 2006 (Noon) iii August 8, 2006 July 25, 2006 (Noon)
iii March 14,2006 february 28, 2006 (Noon) [] September 12,2006 August 29, 2006 (Noon)
iii April 11, 2006 March 28, 2006 (Noon) [] October 10, 2006 September 26, 2006(Noon)
iii May 9, 2006 April 25, 2006 (Noon) [] November 14,2006 October 31, 2006 (Noon)
[] June] 3,2006 May 25, 2006 (1\oon) [] December 12,2006 November 28,2006 (Noon)
NA TURE OF
AGENDA ITEM
. Consent Agenda
[] Director's Report
D Old Business
D New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
July 3, 2006
SUBJECT SUMMARY PARAGRAPH: Monthly budget report to the CRA Board representing the revenues and
expenses for the month ending June 30,2006.
RECOMMENDATION: Review and comment.
FISCAL IMPACT/FUNDING SOURCE: As of June 30, 2006 the CRA had received 79.95 % of expected revenue
and expended 63.79% of its appropriations for fiscal 2005-2006.
ALTERNATIVES: N/A
CRA STAFF:
~~
ROBERT T. REARDON, Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board MeetinglEXPLANATION OF BUDGET AMENDMENTS FOR CHANGE #4.doc
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VI. CONSENT AGENDA:
C. APPROVAL OF THE FACADE GRANT REIMBURSEMENT
MAIN STREET CAR WASH $15,000
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CR4. Date Final Materials Must be Turned into
Meeti"l! Dates Turned into CRA Office Meetin!! Dates CRA Office
0 January 10, 2006 December 27, 200S (Noon) . July 11,2006 June 27, 2006 (Noon)
0 February 14, 2006 January 31, 2006 (Noon) 0 August 8, 2006 July 2S, 2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
0 April II, 2006 March 28, 2006 (Noon) 0 October] 0, 2006 September 26, 2006(Noon)
0 May 9, 2006 April 2S. 2006 (Noon) 0 November 14,2006 October 31, 2006 (Noon)
0 June ]3,2006 May 2S, 2006 (Noon) 0 December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE: June 28, 2006
SUBJECT: Reimbursement Request for a Commercial Fac;:ade Grant for Main Street Car Wash in the amount
of $15,000,
SUMMARY PARAGRAPH:
At the May 2006, CRA Board meeting, the Board approved a Commercial Fac;:ade Grant in the amount of $15,000
for the Main Street Car Wash located at 201 E. Boynton Beach Blvd. The amOUnt spent on exterior improvements
is $30,762. The exterior work has been completed and the owner is now seeking reimbursement per the grant
program guidelines, The backup documentation may be viewed at the CRA offices,
RECOMMENDA TION:
Reimburse the owner, Forward Progress, Inc, $15,000.
FISCAL IMPACT/FUNDING SOURCE:
$15,000 from the Commercial Fac;:ade Grant line item in the 05/06 budget.
AL TERNATlVES:
Do not approve rL()nt ~. . ~ ~
CRA STAFF: /s1) /:;rzv
Vivian L. Brooks
CRA Planning Director
TIAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 07 11
CRA Board Meeting\MainStReimbdoc
MAIN STREET CAR WASH
201 E. Boynton Beach Blvd
Boynton Beach, FI 33435
561-734-7608
4/22/06
To Boynton Beach eRA
Enclosed is a current list of invoices to date. Also enclosed is the
final paycheck for labor to the exterior. We have some odds and ends to
finish, but this is 98% complete.
Total Invoices to date
$ 16,088.08
Total Labor to date- Dennis Egan
$ 14,674.00
TOTAL
$ 30,762.08
Thank you very much
Sincerely,
/
/
~./
,/'
-,/
INVOICES FOR EXTERIOR IMPROVEMENTS
1. $123.35 Top soil
2. $290.04 Top soil
3. $703.97 Pavers and mulch
4. $322.54 Pavers and RR ties
5. $852.00 Rubberized mulch for front
6. $223.65 Rubberized mulch for front
7. $720.80 Sprinkler for front
8. $750.00 labor for top soil
9. $1335.00 New bushes and labor
10. $3,570.00 Entrance drive concrete
11. $475.00 Entrance drive asphalt
12. $2,445.60 New benches and umbrellas
13. $21. 1 5 Paint
14. $109.98 Paint
15. $642.73 Paint
16. $37.09 Paint
17. $47. 12 Paint
18. $11.87 Paint
19. $27.82 Exterior of building
$56. 14
$42.56
20. $102.82 Exterior of building
21. $110.80 Exterior of building
$119.02
22. $8.08 Roof
23. $25.41 Shutter
24. $44.35 Flower boxes I
25. $114.64 landscape border
26. $38.21 landscape border
$155.54 Fence pieces
27. $187.06 Fence pieces
28. $75.91 Flowers
29. $290.79 Fence
30. $114.59 Fence
$51.00 Lattice
31. $1,547.96 Decorator services
32. $112.50 Decorator services
33. $21 .24 Fence pieces
34. $159.75 New trees
TOTAL
$16,088.08
MAINSTREET CAR WASH
Employee
Dennis Egan
Earnings and Hours
Hourly Rate
Qty
40:00
Taxes
Federal Withholding
Social Security Employee
Medicare Employee
Net Pay
Mainstreet Car Wash, Forward Progress, Inc.
.
524906 (8/05)
~ 0~jf~Ie,,~( {l~/lfj
Rate
29.00
Current
1,160.00
Current
-197.00
-71.92
-16.82
,285.74
874.26
YTD Amount
-2,274.00
-Q09.t9
-212,77
-3,396.56
11 ,277.44
Status (Fed/State)
Single/(nane)
04/09/2006 - 04/15/2006
44
Allowances/Extra
Fed-1/0/FL-0/0 '----
Pay Date: 04/19/2006
2002/2003
FACADE IMPROVEMENTS GRANT PROGRAM
APPLICATION FORM
Boynton Beach Community Redevelopment Agency
Maximum Grant Amount is $15,000.00
(Please Print Or Type Only - Use Additional Sheets If Necessary)
APPLICANT INFORMATION
Name of Property
Owner:
~~
or .
Address of Property
Owner:
d-O /
21)V~
E.. f3tJ y ;110 1
/
?L.
J /,,,/
Ev.~ (T'//
f6l!UN/ ,4 O'<-;S J", L
ge,-~~ 81v/
City/State: fj ,L 6 /
O/nIV/~ R 'G<. ,J-,
Phone # Day: 7:5 y -- /OO;?
Zip / -.JL.',) <;__
Code: 0":> r~.....J
~~ '/y -//6'.2
Legal owners and legal description of the property to be improved (please attach copy
of arranty deed and lease, if applicable):
C 0, '- .~- L ,-os-cxx'J-_ 00<:';0
If Different from
Property Owner
Name of Business:
)1U/~/)
~lleef- c:,~ !Vc~s~
Address of Business:
,5",;. ,n "
U}
< JUV'iL
City/State:
Zip
Code:
Phone # Day:
Type of Business: Ftdl_ ~ all(-<
Evening:
C.,r b?crs<
Years ?f'J 9
Operation :-------__<Z:__________________________________________________
Number of Employees: d Y Annual Payroll: '10:-; ('00 p/..-.s
, V
Number of Employees residing in Boynton Beach: '~I t
Boynton Beach Community Redevelopment Agency
Fal(ade Grant Program Application
Page 1 of 6
Revised 12/10/02
PROJECT INFORMATION
Describe improvements to be done to the property.
Attach the following items:
· Project worK write-up(s) desaibing in detail the scope of the project,
· Plans or sketches if applicable,
· Site plan and plant list for landscape projects,
· Third-party cost estimates from three (3) licensed contractors,
· Estimated time line,
Evidence of financial abil~y to pay for the project (approved loan, cash
account, line of aed~, etc.),
· A minimum of four (4) 3" x 5" color "before" photos of the project which must
include "public views",
· Signage design w~h colors & materials proposed if applicable,
· Project color chips / material samples if applicable,
· And material specifications.
Applicable documents must be attached for the Application to be processed.
By signing this Application, I acknowledge that I have received and read a copy of the
Program Agreement, and I understand and agree to comply with its content.
(Property owner's signature must be
~ ~;jyk'
(Date)
---'--'
Witness
(Date)
Ten t/Business Owner (Date)
/ ",
-d~R:~~~r{ --- 11i(~Pe)
Boynton Beach Community Redevelopment Agency
FaQade Grant Program
Page 5 of 6
Revised 12/10102
STATE OF FLORIDA, COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared k., 60r ' who is personally known to me or
produced as identification, and acknowledged he/she
executed the foregoing Agreement for the ~.u,.",se, and u.>~rposes mentiO,ned in it and that the
instrument is hislher act and deed. ~ ~ .
IN WITNESS OF THE FOREG?ING, I have set my h a official seal in the State and
County aforesaid on this c2L[t::/1 day of ~ 1:z.wa~ ' 200~
NOTARY PUBLIC
(il-~ .
W-; VCr-
,~Ju4
My Commission Expires:
,~~'~\(,~lr~ft:. PATRICIA STEUBER
f.: \:~ MY COMMISSION # DD 449904
~~ .~~j EXPIRES: August 14, 2009
~""'f' It ...... B^""<I.....Th
~~~_. ru Nots/)l Public Underwrlt8lll
Boynton Beach Community Redevelopment Agency
Fa~ade Grant Program
Page 6 of 6
Revised 12/10/02
200212003
FACADE IMPROVEMENTS GRANT PROGRAM
PROGRAM AGREEMENT
Boynton Beach Community Redevelopment Agency
PROGRAM REGULATIONS
1. The Applicant agrees not to alter, renovate, or demolish the new fal(O.de for
three years, commendng at the time final inspection by the CRA is
completed. If violated by the applicant, the CRA may choose to require
grant fund repayment, enforced by property lien.
2. The CRA will consider approval of grants for exterior improvements to a
building which does not face a recognized street. The exterior rear of a
building facing an alley way will also be considered.
3. A minimum of three (3) inspections by the CRA are required. Those
minimum CRA inspections are (1) before starting work, (2) during work and
(3) final inspection. More inspections may be required by the CRA. It is the
sole responsibility of the Applicant to schedule inspections with the CRA and
City. These inspections in no way are substitutes for required City
inspections and compliances.
4. The property owner, or tenant if applicable, must complete the favade
improvement project within six (6) months of the grant award unless the
project is approved as a phased project in which case the project must be
completed within six (6) months of the commencement of the final phase.
Failure to complete the favade improvements in a timely manner will result in
the property owner, or tenant if applicable, losing the grant reimbursement
opportunity. The Board may consider time extensions.
REIMBURSEMENT REGULATIONS
1. This program is designed as a reimbursement grant. That is, all work must
be done and paid for by the Applicant, prior to the CRA's funds being
released. The CRA will provide reimbursement to the grantee upon
submittal of a complete Reimbursement Request and approval of
completion by the CRA Board.
2. Reimbursement Request shall be summarized in a report and accompanied
by proper documentation. Proper documentation will consist of (1) Project
accounting including invoices, receipts or other acceptable evidence of
payment from suppliers and licensed contractor(s) that have been marked
"paid" with a "release of lien" signed by each. Proposals for "work to be
Boynton Beach Community Redevelopment Agency
Falfade Grant Program Agreement
Page 1 of 2
Revised 12/10/02
completed" or "bids" are not considered proper documentation. Each item will
be supported by a canceled check showing the face of the check, as well as
the back of the canceled check, (2) the Applicant shall warrant that all bills
related to the Project are paid in full induding, but not limited to, all contractors,
subcontracts, labor, materials, related fees and permits, and (3) the
Application for re-imbursement shall provide a minimum of four 3"x5" color
"during" photos and a minimum of four 3"x5" color "after" photos of the
Project. Photos should be from approximately the same position as the
"before" photos submitted in the Application and the "during" photos.
3. The Reimbursement Request from the Applicant shall be submitted no later
than the 15th of the month for consideration by the CRA Board at its next
month's meeting. Reimbursement shall be issued ten (10) days after
approval.
4. Grant funds will be reimbursed exclusively for eligible work and approved
change-orders that have been approved by the CRA.
5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights
,dfJ}.S an~ pr:ect a~p~icaliZ )
~L ~ . ~-,2E4\CL _~ . L- ~ dl2.-'!/ot:
Witnes - (Date) Property Ow (Date)
i
-------------- -J __
Witness (Date) (Tenant/B . .ess O. wn.e r (Date)
tj/ ~ ~ 4 I 1/ I
C-t, ~-'/~-ruLt_-1--3I'oy
-=Y CRA Director 0- <<oafe)
Boynton Beach Community Redevelopment Agency
Facade Grant Program Agreement
Page 20f 2
Revised 12/10/02
Finished view of front
New fences and landscaping
Paint, chair railing, fixed and repainted roof soffit, fascia, flower boxes
.",:-".- ,"-.,.
,-.;i,...,.,.;".... '.
. RPR lljc006
'/,:~..,""""""'"
VI. CONSENT AGENDA:
D. APPROVAL OF THE BUDGET AMENDMENTS
JUNE 30, 2006
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
D January 10, 2006 December 27,2005 (Noon.) . July 11,2006 June 27, 2006 (Noon)
D February 14, 2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon)
[] April II, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
[] May 9, 2006 April 25, 2006 (Noon) [] November 14, 2006 October 31, 2006 (Noon)
D June 13. 2006 May 25, 2006 (Noon) GO December 12, 2006 November 28, 2006 (Noon)
NA TURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
D Old Business
o New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
July 3, 2006
SUBJECT SUMMARY PARAGRAPH: Adjustments are needed in the FY 2005-2006 General Fund operating
budget which are necessary to balance out the department accounts that are over budget as of June 30, 2006.
Some changes are the result of programs that were not part of the original budget, while other changes are the
result of expanded programming.
RECOMMENDATION: Adopt all changes as presented.
FISCAL IMPACT/FUNDING SOURCE: As of Junel 30, 2006 the budget has sufficient funds to cover the attached
budget appropriation changes. See attached explanations for all changes.
ALTERNATIVES:
N/A
Af-i L~
CRA STAFF:
ROBERT T. REARDON, Interim Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board MeetinglBudget Amendment Number 4.doc
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EXPLANATION OF BUDGET AMENDMENTS FOR
CHANGE #4
ITEM # 1: DEMOLITION FEES ($25,587.00) - Final payment to the City of Boynton for the
Boynton Terrace demolition.
ITEM # 2: CONTRACTUAL (10,000.00) - Unbudgeted planning consultant fees (First Draw & Dick
Hudson), and additional surveys.
ITEM # 3: CONTRACTUAL (1,500.00) - Enhancements to the alarm system at the new office and 4
months of alarm monitoring fees.
ITEM # 4: RENTAL OF OFFICES ($9,040.00) - This is for the rental of the new offices at 915
Federal Highway which was unbudgeted.
ITEM #5: OFFICE SPACE CHARGES ($20,000.00) - This is for the repairs and changes to the new
offices at 915 Federal Highway which was unbudgeted.
ITEM #6: BUSINESS TRAVEL ($308.00) -- I.D.A. conference
ITEM # 7 SUBSCRIPTIONS ($329.00) - Florida Trend Magazine subscription
VII. PUBLIC HEARING:
OLD BUSINESS
NONE
VII. PUBLIC HEARING:
NEW BUSINESS
A. BOYNTON INDUSTRIAL PARK NORTH-
ZONING CODE VARIANCE
Meeting
Date:
File No:
Location:
peN:
Agentl
Owner:
Project
Name:
Variance
Request:
Property
Location:
North:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-132
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION
July 11, 2006
ZNCV 06-008
On the west side of West Industrial Avenue, north of NW 8th Avenue
08-43-45- 20- 20-000-0000
Merle Denbesten / Boynton Industrial Park POA, Inc.
Boynton Industrial Park North - Buffer Wall
Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot
steel privacy fence along the west property line of Boynton Industrial Park North, in
lieu of the required six (6) foot stucco masonry buffer wall required to separate an
industrial zoning district from an abutting residential zoning district.
The site is located west of 1-95 and north of Boynton Beach Boulevard (see Exhibit
"A" Location Map). The subject property, totaling 0.078 acre, is currently zoned M-
1 (Light Industrial) and classified Industrial (I). The subject property is legally
described as the west two (2) feet of the Plat of Boynton Beach Industrial Park
North, less the north 332.40 feet. More specifically, the subject property is a strip
of land two feet wide by 1,705 feet in length which is located between the eastern
limits of Laurel Hills Subdivision (3rd and 4th Additions) and the 60 foot right of way
of West Industrial Avenue, at the western limits of Boynton Industrial Park North
(see Exhibit "B").
The following is a description of the land uses and zoning designation of the
properties that surround this site:
Right-of-way (285 feet in width) for Boynton Canal (C-16), farther north (across
canal) property classified Industrial (I), zoned Planned Industrial District (PID) and
developed as industrial uses;
Page 2
Memorandum No. PZ 06- 1.'2
ZNCV 06-008
South:
Tract "B" including a 50 foot easement along the west property line of Boynton
Industrial Park classified Industrial (1), zoned Light Industrial (M-l), and developed
as industrial;
East:
Right-of-way (60 feet in width) for West Industrial Avenue, and farther east
property classified Industrial (1), zoned Light Industrial (M-l), and developed with
industrial uses as Boynton Industrial Park North; and,
West:
Property classified Low Density Residential (LOR), zoned Single Family Residential
(R-1A), and developed as a single family residential subdivision (Laurel Hills, 3rd
and 4th Additions).
NATURE OF REQUEST
The subject property is a two (2) foot strip of land platted as part of Boynton Beach Industrial
Park North. The subject property lies between a residential subdivision (Laurel Hills) and a 60
foot right-of-way (West Industrial Avenue). Currently, there is a masonry buffer wall located on
the subject property, but over the years it has fallen into disrepair and must be replaced. The
Boynton Industrial Park Property Owners Association, Inc., owner of the subject property, is
requesting a zoning code variance to seek relief from Chapter 2, Section 4.L. of the current Land
Development Regulations which states as follows:
L. BUFFER WALLS. For new construction or major modification to existing developments,
where a commercial and/or industrial district abuts a residential district, a solid, stucco
masonry wall painted on both sides at least six (6) feet in height shall be located within
the required side and/or rear yards except with respect to corner lots, said buffer walls
shall be required only on interior lot lines. Said buffer walls shall not abridge any
easement rights or be constructed over any existing utilities in any easement area and
shall be setback two (2) feet from adjoining property lines.
The applicant explains that due to the narrowness of the subject property and the existing
easements, a masonry wall can not possibly comply with the current setback requirement of two
(2) feet without encroaching into the adjacent FPL easement located within the right-of-way.
The applicant is proposing to construct a steel privacy fence (in lieu of the masonry wall) within
the two (2) foot wide strip owned by the Industrial Park, in order to comply with the setback and
encroachment restrictions of buffer walls.
Industrial properties, due to the intensity of their uses, are required to provide for additional
buffering to minimize land use conflicts when located adjacent to residential neighborhoods.
Landscaping elements, including dense vegetation, berms, and buffer walls, can provide
effective barriers, and mitigate the impacts of unattractive views, vehicle headlights, and noise,
without sacrificing the functional necessities of the industrial site.
Page -:
Memorandum No. PZ 06-132
ZNCV 06-008
The buffer wall is required only along the west property line of the Boynton Industrial Park North
where it is adjacent to residential lots. The west property line of the Boynton Industrial Park
North runs north and south, parallel with West Industrial Avenue, for a length of 1,705 feet. The
west property line also comprises the rear property lines of the adjacent residential lots in Laurel
Hills. The buffer wall is required to be at least six (6) feet in height and located at least two (2)
feet from the property line so that it can be maintained without trespassing onto adjacent
properties.
The applicant is proposing to construct a six (6) foot steel fence in lieu of the required minimum
six (6) foot masonry wall. The variance request is to the construction material of the buffer wall,
and is necessary to comply with the required setback and prevent encroachment into an
easement.
The proposed steel fence is manufactured by Basteel Perimeter Systems (www.Basteel.com) and
consists of precision-formed, high strength steel posts, rails, and panels, all galvanized for
superior corrosion resistance, with a custom bonded color-coat finish intended to resist fading,
chalking, and peeling (see Exhibit "e"). This low maintenance fence is hurricane-rated for 140
miles per hour wind load and consists of a unique, alternating panel design which promotes air
flow, yet provides screening. The panels are finished on both sides for an equally attractive
front and back of the fence. The applicant proposes a six (6) foot white steel fence to replace
the worn masonry louvered fence/wall. A few sections of the proposed fence have been
installed on the subject property for inspection purposes.
BACKGROUND
Boynton Beach Industrial Park North was platted in 1981 (Plat Book 43, Pages 20-22) and
includes the following note under Dedication and Reservation 2. Easements C. "The 2.00 foot
limited access easement along the west line of the plat as shown hereon is for the construction
and maintenance of a buffer wall and is hereby dedicated to the Boynton Industrial Park
Property Owner's Association, Inc. and is the perpetual maintenance obligation of said
Association". Within the area reserved for the buffer wall is a two (2) foot wide limited access
easement which is indicated on the recorded plat and survey submitted.
The applicant indicates that the existing masonry (louvered) buffer wall was constructed in the
early 1980's and met the zoning code requirements at the time. However, the existing buffer
wall does not comply with the two (2) foot setback from the adjoining residential property which
is required by the current code. Therefore, the existing buffer wall is considered to be a
nonconforming structure by today's standards. A nonconforming structure may undergo normal
maintenance and repair and remain nonconforming. However, total replacement of the wall is
necessary, and a new wall is required by the code to comply with current requirements.
Justification for the requested variance was submitted by the applicant (see Exhibit "0"). The
applicant's justification statement indicates that due to the narrow (2 foot) width of the subject
property, and an adjoining FPL utility easement within the right-of-way, replacement of the
existing masonry wall with another masonry wall would require large continuous footers which
would either not comply with the two (2) foot setback, or would encroach into the FPL easement
Page 4
Memorandum No. PZ 06-132
ZNCY 06-008
and right-of-way, or both. FPL's letter states that no encroachment into the easement will be
allowed (see Exhibit "E"). The City Engineer has reviewed the applicant's request and finds the
following: (1) that the repair or replacement with a masonry wall is impractical due to the
limited width (two-feet) of the limited access easement and its location at the edge of a FP&L
easement; and (2) that the proposed steel fence, in lieu of the masonry wall, is compatible and
meets the intent of the requirement to screen the industrial uses from the adjacent residential
uses (see Exhibit "F").
ANALYSIS
The Board has the authority to grant a variance that will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of the city ordinance would result in
unnecessary and undue hardship. However, the code states that a zoning code variance cannot
be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same Zoning district
The narrow strip of land on which the subject buffer wall is required to be installed lies
between a residential subdivision and a 60 foot right-of-way. The two (2) foot wide strip
of land contains a two (2) foot limited access easement for maintenance of the required
buffer wall. The plat for Boynton Industrial Park indicates that the two (2) foot limited
access easement is included within a six (6) foot Florida Power & Light utility easement.
Replacement of the existing masonry wall is necessary due to disrepair. However,
replacement with a similar masonry louvered wall would use of a crane, which staff
understands to be precluded by the existence of overhead power lines within the FPL
easement. Current code requirements regarding setbacks and easement encroachment
cannot be met without the requested variance due to site constraints.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
At the time the existing buffer wall was constructed, it complied with code requirements.
Due to code revisions since then that stipulate that "said buffer walls shall not abridge any
easement rights or be constructed over any existing utilities in any easement area and
shall be setback two (2) feet from adjoining property lines", a variance to this provision is
required, and is not due to actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
This site and it's constraints present a unique situation that is not applicable to others in
the same zoning district. The granting of the variance will not confer any special privilege
on the applicant that is denied by the ordinance to others.
Page 5
Memorandum No. PZ 06-132
ZNCV 06-008
d. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the
applicant
Literal interpretation of the provIsIons of the ordinance regarding the buffer wall
requirements would present an undue hardship on the applicant. Due to the two (2) foot
width of the subject property and the adjacent utility easement, it is not POSSible for a
masonry wall to comply with the two (2) foot setback, and not encroach into the adjacent
utility easement. The utility provider (FPL) has denied permission to encroach into the
easement (see Exhibit "E'').
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
The applicant is requesting the minimum variance, in that the variance requests a buffer
wall of an alternative material other than masonry, to allow the proposed buffer wall to
comply with the required setback and not encroach into the adjacent utility easement.
The applicant is proposing to construct a six (6) foot high steel fence which is hurricane-
rated for 140 mile per hour wind speeds, in lieu of a masonry wall.
f. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter [ordinance} and that such variance wi/I not be injurious to the area
involved or otherwise detrimental to the publiC welfare.
The granting of the variance will meet the general intent and purpose of the ordinance,
which is to buffer industrially-zoned property from residentially-zoned property with a
continuous barrier. Granting of such variance will not be injurious to the area or
detrimental to the welfare of the public.
g. Variances to minimum lot area or lot frontage requirements, that property is not available
from adjacent properties in order to meet these requirements, or that the acquisition of
such property would cause the adjacent property or structures to becoming
nonconforming. Applicant shall provide an affidavit with the application for variance
stating that the above mentioned conditions exist with respect to the acquisition of
additional property.
This criteria is not applicable to the requested variance. The requested variance is to the
building materials of the required masonry wall, not a variance to the minimum lot area or
lot frontage requirements.
RECOMMENDATION
Staff recommends approval of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a steel fence in
lieu of the required minimum six (6) foot high stucco masonry buffer wall to separate an
industrial district from the abutting residential district. It is the position of staff that the
Page 6
Memorandum No. PZ 06-132
ZNCV 06-008
applicant has demonstrated that this request represents an undue hardship or the minimum
necessary to make possible the reasonable use of the property. The purpose of the buffer
requirement is to provide a visual and noise barrier between the residential and industrial
properties. Due to site constraints, there are no alternative solutions which comply with the
code requirements without the need for the requested variance.
Staff conditions and any other condition(s) recommended by the Community Redevelopment
Agency Board or the City Commission will be included in Exhibit "G" - Conditions of Approval.
S:\SHRDATA\Planning\SHARED\WP\PROJECfS\Boynton industrial Park North\ZNCV 06-008\staff report buffer wall.doc
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BOYNTON INDUSTRIAL PARK POA, INC.
250 N.E. Dixie Highway
Stuart, FL 34994
April 25, 2006
City of Boynton Beach
Planning & Zoning Division
P.O. Box 310
Boynton Beach, FL 33425-0310
Subject: Code Variance - Buffer Wall- West Industrial Avenue
Gentlemen:
Please consider the following prevailing conditions and circumstances that prohibit
compliance with existing City of Boynton Beach Codes; Chapter (2) Section (4)
Reference (L) in replacement of existing decrepit buffer wall.
A. Strip of land, owned by BIPPOA on which subject buffer wall is required to
be installed, is only two (2') feet wide and is lOOlted at the western
extremity of a long standing FPL Utility Easement ER No.7034 granted
August 19, 1961 (O.R.B. 672, Pgs. 40-41) and the eastern extremity of
Laurel HiUs Third Addition (Plat Book 23, Page 126) and Fourth Addition
(Plat Book 23, Page 142).
B. The dedicated property on which the present buffer wall was constructed
dwing early 1980's by developer complied with the codes in existence at
that time. Allotted space is inadequate for compliance with CUlTent codes
without variance.
C. We are unaware of any similar cirCUmstances in zoning district that would be
adversely affected by requested variance.
D. Code requirements for building a concrete, masonry or stucco wall without
encroaching on another property or easement is not possible within the 2'
strip of land owned by BIPPOA. Enclosed please find copy of a letter from
Florida Power & Light, dated April 7, 2006 and under the signature of
Joseph O'Hagen, which denies any encroaclunent upon their easement. This
obviously produces an Wltenable hardship upon land and BIPPOA.
EXHIBIT "D"
Page 2
E. The only alternative we have found meeting the 140 mph hwricane code
and feasible to install within the 2' space is the Basted shadow box buffer
wall/fence. By granting variance requested a very aesthetically pleasing and
protective buffer intended by .the code can be realized.
F. Chapter (2), Section (4), Reference (L) is achieved and is in no way
potentially detrimental of public welfare.
G. There is no practical alternative land available for acquisition by BIPPOA
on which a buffer wall that meets existing codes could be constructed.
We appreciate your consideration in granting our variation request.
Sincerely,
~
Merle DenBesten, Vice President
AFFIDA VlT:
This is to certify that DO conditions exist whereby additional adjacent land could be
acquired by BIPPOA for purpose of constructing of Buffer Wall between Laurel
Hills Third and FOn~ Industrial Avenue.
Signed: ~ 'Vice President for
Boynton Industrial Park Property Owners Association, Inc.
SWORN AND SUBSCffiED BEFORE ME THIS ;J 5' TH DAY OF J ........ ,.j ,
2006 ~
NOTARY:
Commission Expires:
eAp r. 24. 2006:' 1: 21 PM2692VF""HR SE
~ PUI:. LU'U:.!<
No. 3035.2:. P. "I
o
F=PL.
FloriN ""6 LIIM~. '.0, IIa ,.......... f'L ... ..
EXHIBIT "E"
April 7, 2006
Mr. Richard Ko~. Pre$i<lent
Boynton Beacb Propert.y 0wneJ:s AssoclatJon, Inc.
2~O N. E. Dixie Highway
s.n, FL 34994
RE: Use of Florida Power &: Light &scment
Dear Mr. Kowl;
Your A,socia1ion .has _eel permission to enaoKJJ into die eaxmem for the
tran~i"iOD rlght~r.~ along the "M::st side: o.f West Indu3ttiaJ Avenue in Boynton
Beach.
At ~t. the easement is mucl1 natrOwer in \\idtb than tbe ~ 1V'C U$C for
acquiring thQX iwope:ty rigb~ The opa'atioos enaineers ofFlOlida Power &: Light
Company would not be able to repair or replace the existing pole atrac::Iurcs if1\llC aUO'M:d
the Association to aumath by three iUt into the f:a!Iement lor. stnK:bnI .f'ootiq fur the
new fence. At pesart there is only . four foot separation &om the c:xisdng feocc to tbe
wooden pole stNctures.
. Florida Powc:r It. Light COlI'1PImY cannot .Ilow the use of Ihi, rigbt--of-way for the
proposed fenee. PlCIISe CODSider other options for a fence without intrudidg iDIo the
easement.
If you need aoy additioaJ information, please let me know.
Sincc:rcly,
Florida Power &: Light Company
(~. , D'7?I'd.i ~ "'.
Joseph O'Hagan
Cosporate Real Estate
Copy: Michael W. Rwnp~ Director ofPlannlog and Zoning
... '"' ~ COIIIpa"Y
EXHIBIT "I""
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-069
TO:
Ed Breese
Principal Planner
FROM:
Kathleen Zeitler
Planner ~
H. David Kelley, Jr., PElPSMV/
City Engineer
DATE:
June 23, 2006
SUBJECT:
Buffer Wall Variance
Boynton Industrial Park North
Pursuant to your e-mail dated yesterday, we have reviewed your request in regards to the installation of a
metal fence in lieu of a "stuccoed masonary wall and/or a engineered pre-cast concrete slat wall, etc.
Since the record plat reflects only a 2-foot Limited Access Easement (LAB) between the record plat
property line and the edge of a FP & L easement, a replacement wall of this type and size would be
impractical. Therefore, the repair/replacement of the required masonry material is not recommended.
Upon review the material for the proposed Basteel Perimeter System steel wall, we find it to be
compatible and meets the intention of the original development condition of a screen wall between this
industrial development and the residential units to the west. Maintenance will also be an added benefit in
that it will require less effort. Therefore, it finds this alternative acceptable to the original condition.
If you have any questions regarding this matter, please me at telephone extension #6988.
xc: Laurinda Logan, PE, Senior Engineer
File
S:\Engineering\ Memorandums\Memorandums 2006\06-069 KELLEY-Industrial Park North Buffer Wall Varience.doc
EXHIBIT "G"
Conditions of Approval
Project name: Boynton Industrial Park North Buffer Wall
File number: ZNCV 06-008
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
[ DEP ARTMENTS I INCLUDE I REJECT I
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Boynton Industrial Park North ZNCY\ 06-008\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Industrial Park North
APPLICANT'S AGENT: Mr. Merle Denbesten, Boynton Industrial Park POA, Inc.
APPLICANT'S ADDRESS: 1060 West Industrial Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 1, 2006
TYPE OF RELIEF SOUGHT: Buffer Wall ZNCV 06-008: Relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer
Walls, to allow a six (6) foot steel privacy fence along the west property
line in lieu of the required six (6) foot stucco masonry buffer wall
required to separate an industrial district from an abutting residential
district.
LOCATION OF PROPERTY: North of NW 8th Avenue on the west side' of West Industrial Avenue,
Boynton Beach, FL 33426
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "E" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHARED\WPIPROJECTSIBoynton Industrial Park North ZNCV\06-008\DO.doc
VII. PUBLIC HEARING:
NEW BUSINESS
B. HERITAGE CLUB-
SITE PLAN TIME EXTENSION
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-133
Chair and Members
Community Redevelopment Agency Board
Michael Rump~
Director of Planning and Zoning
Kathleen Zeitler JC2-
Planner
July 3, 2006
Heritage Club / SPTE 06-006
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
PROJECT DESCRIPTION
New Century Companies, LLC
Michael S. Weiner, Esquire and Jason S. Mankoff / Weiner & Aronson, P.A.
Northwest corner of the intersection of Federal Highway and Gulfstream
Boulevard (see Location Map - Exhibit "A")
Special High Density Residential (SHDR - 20 du/ac)
Planned Unit Development (PUD - 20 du/ac)
No change proposed
No change proposed
Office: 6,544 square feet
Retail: 9,494 square feet
Restaurant: 3,500 square feet
Residential: 70 Townhouse Units, and 96 Multi-family Units
361,635 square feet (8.302 acres)
Developed property (self-service storage) designated Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
Developed outparcel (adult entertainment) designated Local Retail Commercial (LRC)
and zoned Community Commercial (C-3), then the right-of-way of Gulfstream
Boulevard, then developed commercial (fast-food and office building) designated Local
Retail Commercial (LRC) and zoned Community Commercial (C-3);
Page 2
Memorandum No. PZ 05-140
East: Right-of-way of Federal Highway then undeveloped property in the Town of Gulfstream
designated Recreation (REC) and zoned Outdoor Recreation (OR); and
West: Rights-of-way of Old Dixie Highway and the Florida East Coast Railroad, then a recently
approved project (Boynton Dixie) designated Medium Density Residential (MDR) and
zoned Planned Unit Development (PUD) for 82 townhouse units.
BACKGROUND
Mr. Michael Weiner, Esquire, agent for the applicant (New Century Companies, LLC) is requesting a one (1)-
year time extension for the Heritage Club at Boynton Beach Site Plan Development Order (NWSP 05-014)
which was approved by the City Commission on August 2, 2005. The site plan approval is valid for one (1)
year from the date of approval. If this request for a one (l)-year time extension were approved, the expiration
date of this site plan, including concurrency certification would be extended to August 2, 2007.
According to the original site plan staff report, the proposed Heritage Club at Boynton Beach is a Planned Unit
Development approved for a large scale, mixed-use project containing 19,538 sq. ft. of commercial (office,
retail and restaurant) and 166 multi-family residential units. The project has been approved for the following:
a Land Use amendment (LUAR 05-005) from Local Retail Commercial (LRC) to Special High Density Residential
(SHDR - 20 du/ac) classification, a Rezoning (LUAR 05-005) from Community Commercial (C-3) to Planned
Unit Development (PUD) zoning district, a new Site Plan (NWSP 05-014), and a Height Exception (HTEX 05-
004).
The subject property is currently developed with a one (1)-story shopping center and related parking areas.
Redevelopment of the site includes razing the existing commercial buildings and replacing them with two (2)
proposed 4-story mixed-use buildings, including their interior parking garages, and thirteen (13) 3-story
townhouse buildings.
The approved site plan divides the property into two distinct areas, both in function and in architectural design.
The proposed commercial uses would be placed on the ground floors of two (2) four-story structures along the
Federal Highway frontage and include 9,494 square feet of retail space, 6,544 square feet of office space and a
restaurant containing 3,500 square feet of space. Condominium residential uses would occupy the upper
floors. To the west of the mixed use building on the north would be a residential building, also containing four
stories. This building and the mixed use building fronting on Federal Highway would contain a total of 84
residential units. The south mixed use building would have 12 residential units on the upper floors. A five-unit
townhouse structure, three stories in height, would be located west of the south mixed use building. The two
mixed use structures, separated by a "main street" that forms an entry into the property from Federal Highway,
will connect with the townhouse uses on the western portion of the site. The north buildings will enclose a
four-level parking structure, two (2) outdoor recreation areas and a one-story clubhouse/activity area. The
south commercial building and the adjacent townhouses will enclose a 2-level parking structure. The proposed
broad sidewalks and landscaped plazas along Federal Highway create pedestrian-friendly areas.
West of the mixed-use structures, 65 three-story, fee-simple townhouses are proposed, with 10 fronting on
Gulfstream Boulevard and 17 fronting on Old Dixie Highway. The remaining 38 units are internal to the
project. A swimming pool and clubhouse are provided for use by the townhouse occupants. In addition to the
access to the townhouse area provided from the "main street", a secondary access is provided on Gulfstream
Boulevard and a one-way service road is provided from Federal Highway to Old Dixie Highway at the north of
the property.
Page 3
Memorandum No. PZ 05-140
The mixed use buildings and their adjacent residential structures are designed in a "post-modern" architectural
style, while the townhouses are "traditional" in design. In using different architectural styles, the developers
have created two distinct areas for the development, with the more vibrant and urbane mixed use portion
along Federal Highway and a quieter residential portion along Gulfstream Boulevard and Old Dixie Highway.
Consistent with the requirements of staff, the applicant has provided an additional 20 feet of right-of-way along
Old Dixie Highway and will be providing off-site improvements along Old Dixie Highway and Gulfstream
Boulevard, which include on-street parking, drainage improvements and sidewalks. Sidewalks fronting the
mixed use portion along Federal Highway will be widened to form pedestrian-friendly plazas.
A Height Exception (HTEX 05-004) was also approved for this project at the time of site plan approval. The
height exception is only for the mixed-use buildings (Buildings 1 and 2) that have portions of their structures
that exceed the district's maximum height threshold of 45 feet. The elevations show that several decorative
towers would reach as high as 60 feet in height, however they account for a small percentage (10%) of the
entire roofline. Both mixed-use buildings would meet code as it relates to building height because their roof
level would be 41 feet in height and the top of the parapet wall would be 46 feet in height. The parapet wall
may exceed the 45-foot threshold only if the wall itself is five (5) feet or less in height. Approval of the
requested site plan time extension will also extend the previously approved height exception for the mixed
use buildings.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the applicant
has met that requirement. The Planning & Zoning Division received the application for time extension on May
24, 2006, a total of 70 days prior to the expiration date of the new site plan.
According to the time extension application, Mr. Mankoff indicates that the property owner / developer, New
Century Companies LLC, has been "diligently working to secure a building permit for the project" and lists the
following accomplishments as demonstrating their "good faith" efforts: (1) site permit, plat, and other
engineering permit applications have been submitted; (2) construction documents are approximately sixty
percent (60%) complete; (3) environmental report approved for remediation of dry cleaners, and (4) capacity
reservation fees in the amount of $30,120.55 have been paid in full to the City.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for the Heritage Club
project containing 19,538 sq. ft. of commercial (office, retail and restaurant) and 166 multi-family residential
units. Based on the Traffic Division's review, it has been determined that the residential portion of the
proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm
Beach County which exempts residential units from traffic concurrency requirements, while the retail and
office components would generate less daily and peak hour trips than the existing retail space which is to be
demolished. The project meets the Traffic Performance Standards of Palm Beach County, but is contingent
upon the provision of a southbound exclusive right-turn lane onto the project access driveway on North
Federal Highway. No building permits are to be issued after the build-out date of 2008.
Page 4
Memorandum No. PZ 05-140
As for utilities, the applicant has paid the required utility reservation fee to the City, however the reservation
will expire on August 31, 2006. Per the Utilities Director, if the applicant obtains building permits or pays the
full capital facilities charge prior to the August 31, 2006 expiration date, the reservation will not have to be
renewed. Otherwise, the applicant will be subject to applying for a renewal of the utilities reservation (see
Exhibit "c" - Conditions of Approval).
The site plan time extension is still subject to the original 71 conditions of site plan approval, with the
exception of Condition #9, regarding payment of the utilities reservation fee. Lastly, no new land
development regulations are now in place against which the project should be reviewed and modified.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 05-014)
and height exception (HTEX 05-004) for the Heritage Club at Boynton Beach project. If this request for
extension were approved, the expiration of this site plan, including concurrency certification, would be
extended to August 2, 2007. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the
Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and
economic revitalization. The proposed Heritage Club at Boynton Beach project will provide an opportunity for
redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby
properties, and contribute to the overall economic development of the City. In addition, the Heritage Club
project is proposed at a scale and massing that will provide a transition into the downtown area and provide a
variety of housing and mixed uses on site. If this request for site plan time extension is approved, all
outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the
building permit process.
S:\Planning\SHARED\WP\PROJECTS\Heritage Club @ Boynton Beach\SPTE 06-006\Staff Report.doc
LOCATION MAP
Heritage Club @ Boynton Beach
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I
EXHIBIT "e"
Conditions of Approval
Project name: Heritage Club at Boynton Beach
File number: SPTE 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval.
Heritage Club SPTE 06-006
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
2. The utilities reservation for this project will expire on August 31, 2006 unless
the applicant obtains building permits or pays the full capital facilities charge
by August 31, 2006. Otherwise, the applicant will be subject to applying for
a renewal of the utilities reservation.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\PlanningISHARED\WP\PROJECTSlHeritage Club @ Boynton BeachlSPTE 06-006ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Heritage Club at Boynton Beach
APPLICANT:
New Century Companies, LLC
APPLICANT'S AGENT:
Michael S. Weiner, Esquire / Weiner & Aronson, P.A.
AGENT'S ADDRESS:
102 North Swinton Avenue, De/ray Beach, Florida 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 6, 2006
TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 05-014)
and height exception (HTEX 05-004) to August 2, 2007
LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and
Gulfstream Boulevard (see Exhibit "A" - Location Map).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S,IPlanning\SHAREDlWPIPROIECTSlHeritage Club@ Boynton BeachlSPTE 06-006\DOdoc
VII. PUBLIC HEARING:
NEW BUSINESS
C. FEDERAL HIGHWAY CORRIDOR PLAN
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetin!! Dates Turned into CR4. Office Meetin!! Dates CRA Office
D January 10, 2006 December 27,2005 (Noon) . July II, 2006 June 27, 2006 (Noon)
D February 14, 2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
D April II, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
D May 9, 2006 April 25, 2006 (Noon) D November 14,2006 October 31, 2006 (Noon)
D June 13,2006 May 25, 2006 (Noon) 0 December 12, 2006 November 28, 2006 (Noon)
NA TURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
o Old Business
D New Business
. Legal
D Future Agenda Items
o Other Item
DATE: June 29, 2006
SUBJECT:
Federal Highway Corridor Community Redevelopment Plan Update
SUMMARY PARAGRAPH:
The Plan update is the result of joint CRA/City workshops where consensus was achieved to amend the Plan.
The Plan was also amended to include the recommendations that have been implemented since its adoption in
2001. The major updates are summarized below:
· Comprehensive Plan amendments:
o New future land use category - Mixed Use-Core (MXC) was added to the Comprehensive
Plan;
o The Special High Density Residential (SHDR) land use category was redefined to allow its
use in Study Areas I and V with a companion zoning district, Infill Planned Unit
Development (IPUD;
o The designation of the downtown as an Urban Central Business District which allows for
an increase in the threshold for Developments of Regional Impact (DRI);
o The designation of a Transportation Concurrency Exception Area (TCEA) for portions of
the CRA
· The south line of Planning Area IV has been extended to the south property lines of the two
shopping centers on the south side of Woolbright Road.
· Potentially historic structures should be allowed to remain, either as their intended uses or
adaptively reused.
· Amend the Future Land Use Map to remove existing conforming single-family neighborhoods east
of Federal Highway near the Intracoastal from the Mixed Use land use category,
· Permit gas stations and auto repair facilities in all Planning Areas except Planning Area III if they
meet established locational and design criteria,
TIAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 07 11
CRA Board Meeting\FederalHighwayUpdatedoc
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
RECOMMENDATION:
Approve the Federal Highway Corridor Community Redevelopment Plan Update as presented
FISCAL IMPACT/FUNDING SOURCE:
None
AL TERNATIVES:
CRA STAFF:
Do not approve the proposed l!,Q(;t~t~:< j'
/ . , ,,~---.) i 'it')
Vivian L. Brooks
CRA Planning Director
I
\
TIAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board MeetinglFederalHighwayUpdatedoc
To: eRA Board
From: eRA Staff
Upon CRA and City Commission
approval of the Federal Highway
Corridor Plan, each board member
will receive a final bound copy for
your records.
FEDERAL HIGHWAY CORRIDOR
COMMUNITY REDEVELOPMENT PLAN
UPDATE
Prepared for:
The City of Boynton Beach
Community Redevelopment Agency
June 1,2006
5ECTION I
INTRODUCTION
'1 h.: 1<:..~I.<l L Ulgb~~ i~.:._l\~IJJ..li(lf_~~Qnlm~I1lJ t)~~ti0~lo[Jrll c:JlL. PJilll.\\<i'_ili1t.!Jl1"gl>llb.c
C it) ()f BOY11lo!l Beach 01\ M a) I ~ _ :200 J
in the intel\cning tiv" years, the ellY ilild thc
(..Qrn.rll~lllJty J~ ede,,-eJDP.J1.1CI\ t/\~cn c \ha \c Jak Cll ". Il~j i11~'r:.J I(.S tCJ.", [,,1\ Qr:(jiITlJlle_IlJt'll.lariSlII...Qf
tl1f_lllilll~_. _.D.<2J.hJ lcl\i..e...rC':illfCQ thaL illl.lipliillll1.g
tJrQJ2.!all i., \\i1iTillilccUQleCO.!:'11 i 7C.JD..C
il.C~C.\:.~l.10l1,-.jO datc.o... a Ild _LQ cn surc_tbilL 1i1lllrc;im}21crnCJllal ielll III c-,lc'U IT.).llr,lliL1.c.l: 1 he J_c.s.L1.It.'
cn v IsioJlcdiI}J~)ljgina 1-121 all.
Redevelopment efforts in the City of Boynton Beach commenced in August 1981
when the City established the Boynton Beach Community Redevelopment Agency (CRA) in
accordance with Chapter 163, Part 3, fS, On May 4, 1982, the City of Boynton Beach
declared a portion of the downtown area to be suffering from slum and blighted conditions, as
evidenced in Resolution 82-KK, and cstablished a Community Redevelopment Area (also
referred to as CRA) that initially contained 180 acres.._ The original boundary of the CRA
included a core portion of the Federal Highway corridor from the Boynton Canal on the north
to SF 6"' Avenue on the south.
In April of 1983, pursuant to its finding of necessity, the Cit) commenced preparation
of the Boynton Beach Community Redevelopment Plan comprislllg a redevelopment program
pursuant to the Community Redevelopment Act of ] 969 as amended from time to timt'v__ The
plan was subsequently adopted on August 21, I 984._The Redevelopment Plan examined the
current conditions at that time, the market opportunities, and made some key
Formatted: Jus:t.e:1
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Formatted: Indent: First "ne' OS
L'ne spacmg: Double
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recommendations for redevelopment that focused on the downtown area, which centered on
Boynton Beach Boulevard and Federal Highway,,-_Broadly, the plan recommended the
creation of a unique identity for downtown that should be pedestrian friendly, marine focused
and oriented toward the water~~~To achieve this broad goal, the plan made three key
recommendations..._First, the plan recommended construction of a mixed use development
consisting of a public waterfront park, specialty retail and residential uses" Next, the phm
recommended construction of a hotel with convention space in order to recapture the City's
share of the tourism industry..~ The third broad recommendation was the creation of a marina
and marine related uses east of Federal Highway along the Intracoastal Waterway (JCW).
At the time that the original Community Redevelopment Plan was prepared and those
recommendations were made, the Florida Department of Transportation (DOT) was planning
roadway improvements in the are'\. The DOT had previously made improvements to Boynton
Beach Boulevard" The ne)(tIJhase of planned work was to construct a bridge at Boynton
Beach Boulevard that spanned the ICW, and then remove the existing bridge at Ocean
A venu<\<_ The redevelopment plan contained recommendations that were based upon the DOT
roadway work being completed,,_ The plan was specific in stating that the Success of the
recommended redevelopment concepts would hinge upon the construction of the Boynton
Beach Boulevard bridge, and removal of the Ocean A venue bridge to the south.-The planned
bridge, however, was never constructed because of neighborhood preservation issues raised
by residents, and the Ocean A venue bridge continues to provide access to the east in this
immediate are'\.
The Boynton Beach Community Redevelopment Agency subsequently expanded the
boundary of the original CRA.- The expanded area included an additional 518.76 acres ofland
2
,~--~---
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I) ing west of the FlorIda Fast Coast Railroad to interstate 95, hetween the Boynton Canal on
the nonh and Ocean Avenue on the south,,_ The redevelopment plan tcxt was updated to
provide :ecommendations for the expanded area, ,\\Jli5_hincluded focusing on Boynton Beach
Boulevard as a gateway to Boynton Beach and preservation of the reSidential character of the
expanded CRA area, which was composed mainly of residential land uses
In September 1996, the City of Boynton Beach conducted a citywide visioning
sessiofl,.More than ]00 community representatives participated in the American Assembly
Process, which resulted in a policy statement that addressed seven key issues of concerfl,
Among these were commercial revitalization and economic deve]opmen~_ The City utilized
this policy statement to commence the process of specIfic planning effons for the
redevelopment of downtown and the marina areas, as well as for major roadway corridor",
These efforts resulted in the Boynton Beach 20/20 Redevelopment Ivlaster Plan (20/20 Plan)
that was completed in September 1998._ The 20/20 Plan addressed the seven key issues
identified during the American Assembly Process and restated them in terms of specific goals
and objective", A number of these goals and objectives wi II be addressed in pan or in whole
through the preparation of the Federal Highway Corridor Community Redevelopment Plan,.
Generally, these focus on uses and needed development standards within the Federal Highway
Corridor, and are summarized as follo\\'s:
Goal 2: Commercial Revitalization
Objective 2.1 - Expand the CRA boundary to increase financial resources during
redevelopment plan implementation
Objective 2.4 - Prepare overall design standards for the entire length of Federal Highway
within the City.
~
.'
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i Deleted:
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Goal 3: Downtown Redevelopment
Objective 3.1 - Create specific areas in the downtown that are pedestrian and bicycle
friendly, and where mixed uses and infill development are encouraged.
Objective 3.2 - Prepare conceptual area plans and design criteria for the cultural
center/marina area district that addresses such issues as mixed uses, signage and
landscaping.
Thr.ough the documentedconditiol1sof slum andblight contained in the 20/20 Plan,
the CRA board evidenced the need to expand the CRA to include those portions of the
Federal Highway Corridor to both the north and south City limits, consistent with Objective
2.1 of the 20/20 Plar\-.Jhese are referred to as the North Subarea and the South Subare,\-
While the boundaries were expanded, the redevelopment plan text was not updated to include
this additional land are'L- This plan, therefore, will serve two purposes..-...First, it is a
redevelopment plan for the Federal Highway Corridor that focuses on uses and development
standards along Federal HighwaY~,Second, it is of sufficient scope and format to .meet the
requirements of Chapter 163.362 to allow for the Community Redevelopment Plan text
update for the expanded CRA area.
The boundaries of this expanded area, on which this redevelopment plan is focused,
are the city limits on the north, the ICW on the east, the municipal boundary on the south, and
the Florida East Coast Railroad and Palm Boulevard on the wesL The entire Federal Highway
Corridor area now contains approximately 1,09498 acres.Jhelegal description for the North... .
and South Subareas is contained in the Appendi~ Exhibit l.l, which is contained on page 6,
depicts the boundaries of the Federal Highway Corridor, including the North and South
Subareas of the CRA that were added.
4
[Deleted: ~
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The boundarics of the expanded COl1llnunny Redevelopment Al ca \vere drawn to take
into account the need for physical redevelopment as well as the need (0 protect neighborhood
areas fT~lln the presence of blighting influences". Properties located within the redevelopment
area that are not presently in need of redevelopment assistance. are threatened by the nearby
presence of blighting conditions and, thereforc, are IT1cluded to preserve their long term
viability,. As a general standard, the boundary of a proposed redevelopment area includes
areas which clearly meet the slum or blight criteria, as well as areas that may not be
considered individually, but which are otherwise necessary to achieve the objective of
eliminating blight and preventing its spread,._Additionally, some physically sound areas were
included in the expanded redevelopment area based on Jheir functional relationship to the
Federal Highway Corridor and the uses contiguous to it.
I '
~
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Page Break
r-eaera. n.gnway \;orr.aor
Community Redevelopment Plan
PLANNING AREAS
Map 1.1
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o
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O-;[CTIO'\ II
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.~_.Lo II 0 wi..Qg.~j~~!JlljS2r:L QI. 1 h C _lflJ~lillligIl..\1..3:: _.L..l)nl(h2L..ll)l~lJl1.LJ :llt: . l~ "lie \.:<,'lgD~ll.em
l' l~!2..J1IL~\1 a~ L~c 2 Q.QLJ1()jIUb.c:..~lli~_il.J1.Qjb.l:~\lIll Dlllllit:.J{fde veL2P III cntj~gcI1 c...'..LlliLh ,I
s"riesuf step, 10\Iard implemelltatiOIl of the ['Ian which elle (Jutllnl,d be[m\
_. _~f\.._ne\\_t1lLU-,-,,_ht1iL_ll,;e._l:.<1t~Q.1:Y,_ "1L'-l'iLJ' 51'-~:0Ic L~r<C! ."-ilS __iidltecJ tll.the:
( 0 m pie hell s i\JO.l'IoJl1Q..c1U.9~ de v e 1QQ.I1l.~)J ir llh.c gC2.'.\ llr(>,,-vT1.lli~.il . t01Jl <:.1:1.' a S cJJlii<:lt>1 t}.J () .J\
~Dax i 111 UJl1 d Cl 15 i 1 v..QL~ Q.ci.v.\~ cl.liDgJlUi ts j).e u1cr<:.LdJJ11ml\d..i1. ma\ 1111 u 11.1 flLJ()J.j\ I e a .rill.il'(Ll~ J:\J
of 4~ Whi [C'_II1f.Jl [an Iceornm"lldc.c!.JhilLllQ.JDi!\illl.uDJdcIlSll.Ju tll' SC1" L:c)lI1.Jloll.(ill.~dtlllc
~~ h<ifl1erJ ()3_~1IlS.Llh.l:.tli2rjQ(Ll~.d III i 11 is lJ~aL i \e_CQtJ.~:,~1 tlliJr.....sfUIlJ Tl21l1l1rll.._C1 I tcri<i!CllJ oC(l1
cOJl1prehellsi\epl<m, lequile thestat"Jl1ent (11 maximum dcmitics ilnd intcnsities t('1 all land
use categories Coupled \Iith this ('llI11prdwnsi\c 1'1,1[1 ilnll'lldl11cnt the elt;.', /onlng Cllde
\Slc'cil!.1l~JJg~iLro establish the Mixed LJse.Hi",h l!JleflSitv an,L~1i"-e.u.Jls~.1"Q-,,,'j.l]ls:r0jJ1.7("2jl!.g
(liSDiC1'tojJe_~(111~Ls'-0Jj.lU.tb..L~t::~vb'::~L~ilJed M ixed~:se t.Q'--e....il.lldJh~.~':\i5LJ2l~"E'\cd L.s~
land use Calel'Ulies.
.m_l_hi: SP.l:cj<i1 ..~ Dcnsil..l_. Kc:sisjClltiClL.1.~llL2n..lilll~L.Llsc ..cill.,f!()rvm. IIL..t!J.l:
(":L\IIl[JLl'hcn~hc PI ilJl...\.'. ,b .r~ll('lll.1~'Q 10 a1ID-"'.J.t.s. u~cfor redevelopment iL1S1li.Lb~AI.<,'~s I(\n.cL\~
ami a clllTlJx,nion 7l:nlng district, Infill Plmmcd tnit Dcvl'lllpmcnt (ll'l Dj \\as aJ(lp!ed tn
encourage assembly (If slTlall palcelsof land fCjrledc\elllpmellt ilnd alll'ws j()1 !csidell1ial
liCllSJtie.L(>.L1Q..d.Qjll:~.The IPUD regulations are similar to the existing PUD regulations;
however, the IPUD regulations are written for development on parcels ranging from one to
five acres, whereas, the PUD regulations have a minimum parcel size of five acres.
7
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___._.In 200],,-- the CQ'D~nsivel'l~.n._~1j1LiHnended to designak a portioILJ2LJb.~
downtown as an Urban Centra] Business District. This designation allc)\,l's an increasc in the
developments by removing the threat of heightened scrutiny and revic~~ by both Stat..: and
regional agencies.
In20(l5, the. Citya[ld PajmBeach County agreed. to theestilh! ishmcllt of a
Tr;lIlSPOItation C()ncurrenc~SJ.j2tion AITiLiTCFAl for J)ortions of the Community
RedevQopmel}1 ArclLincludinll the pOltion of the Federal Highway Conidor Study area
bctwecn the Boynton Canal and Woolbright Road. The Comprehensive Plan amendments.
adopted by both the City and Palm Beach County, allow apllroval or developments within the
TeLA that would otherwise exceed traffic concurrency requirements, To onset the traffic
inlpaqs,JheCity illldthe.(:R.l\wiIJ inlplemeIJt sJle.cific mc,ISlIIestoincreas.c opportUJlit i"s for
myJti-!lJQdal transportation,
_~acts of these implementation measures wi II be discussed J<1lel in th is study update.
8
"-~Ut:1 e:U nl9nway \,ornaor
Community Redevelopment Plan
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~ 11TH
U) 12TH b(
.
1)(')(
4TH
5TH
o
N
oc
C'")
~~
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14 H
fn
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I ~
"j{
ORTH
-
::5 MAl N
SOUTH
HIG H POINT
/
NORTH
II
18TH
I
1ST
(}J
20TH
2,000
1,000
I~
f ^nv:tff;
'Q\V/
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Y COCONUT
- - _.. ..--
HUDSON
EDITH
I
o
2,000 Feet
SECTION III
COMMUNITY REDEVELOPMENT AGENCY
The Community Redevelopment Agency (CRA) of the City of Boynton Beach was
established in May 1982 pursuant to Resolution 82-KK.._As authorized by the Community
Redevelopment Act, the City of Boynton Beach has delegated powers to the Boynton Beach
CRA allowed under Florida Statutes that are necessary and convenient to undertake
redevelopment effort5.c-_ The powers of the CRA are contained in Section 163.370, Florida
Statutes.. These include, but are not necessarily limited to,the followingactivities:
o Acquire property deemed necessary for community redevelopment, except that the use
of eminent domain shall require specific approval ITom the City Commission;
o Hold, improve, clear, or prepare any acquired property for redevelopment;
o Dispose of property acquired within the Community Redevelopment Area for uses in
accordance with the adopted community redevelopment plan;
o Carry out programs of repair and rehabilitation;
o Plan for and assist in the relocation of persons displaced by redevelopment activities;
o Receive and utilize tax increment revenues to fund redevelopment activities;
o Appropriate such funds and make such expenditures as are necessary to carry out the
purposes of the Community Redevelopment Act of 1969; and
o Close, vacate, plan, or replan streets, roads, sidewalks, ways or other places.
The CRA may undertake any additional action not specifically mentioned above if
such action is necessary to undertake redevelopment efforts, except that the following powers
remain under the control of the Boynton Beach City Commission, pursuant to Section
163.358, Florida Statutes:
10
(Deleted:~ ----------~
Deleted:
r=-:-~----_.--
'lOeleted: ____I
:J Ihe power to determIne an area to be a slum or blighted area. ur combination thereof:
to designate such area as appropriate for community redevelopment: and to hold an)
public hearings required with respect thereto:
:J The power to grant final appruval to community redevelopment plans and
nlodifications thereof;
:J The power to authorize the issuance of revenue bonds as set forth in Section 16338~,
Florida Statutes:
CJ The power to approve the acquisition, demolition, removaL or disposal of property as
provided in Section 163.370(3), Florida Statutes, and the power to assume the
responsibi I ity to bear loss as provided in Section 163.370(3), Florida Statutes: and.
o The power to approve the development of community policing innovations
II
SECTION I.Y
ANAL YSIS OF EXISTING CONDITIONS
Overview
General Description
The Federal Highway Corridor Community Redevelopment Area, including the North
and South Subareas of the CRA, is comprised of approximately ] ,095 acres. The Corridor
contains a variety of uses broadly described as including various intensities of residential and
commercial uses; light industrial uses; office uses; recreational areas; and, several conservation
overlay sites. There are also vacant tracts within the area, as well as instances of non-residential
developed parcels that are under utilized or developed but abandoned; victims of economic
difficulties.
The redevelopment area can be divided into smaller planning subareas. These smaller
planning areas are defined by general development characteristics. Exhibit 4. I, which is shown
on the following page, depicts the five small planning areas within the corridor. Qrigi}lally,tlle
boun.dwyjines of thepla[1njrrg ~r<::a~\.l'ere_dra\l'nalong.gt;()gral1JlicJeatures sUl:ha~slreetsor
~\I1!ler featur!-2. \VDere no SLlch t~'D_llres existed. bOllndilries were extendeQ.j1cross propenies
without rCl"ilIc!s 10 lot lines, thus leaving SOlllC arnbi>2uitv as to which planning areil il propertv
wasJocatccl. Thc 1J~ldillc hilS revised boundaries to rollow property lincs. whcre possible to give
a l'rcatcr degree of certClinlv to the plan.
Area I extends from the C-] 6 Canal to the north City I imits and is coincidental with the
North Subarea of the expanded CRA. Area lllies between the C-] 6 canal and just south of a line
extended from NE 6th A venue across Federal Highway to the Intracoastal Waterway (lCW).
] ]
Formatted
~-~~-~-----
. i Deleted: II
Martin Luther King Boulevard IS centrally located In tillS planning area Area III extends from
the southern edge of the second planning area southward to a line extended from SE 2nd A venue
across Federal Highway to the IeW. Area III lllcludes both Boynton Beach Boulevard and
Ocean A venue. Area IV extends from the s()uthern edge of the third planning area south to a line
extended from approximately S W .LX~A venue to the ICW.Lhci..l\lllbJ)LOP_L'.rlLllIll'~('UI1L: lll-"
Sh(lpplng centers on the s~1Uth side of \Vl)olhright ROiJd mark the new suuthem edge
planning
\.real\{. Tbc;Ja<'Ul.tllJ.llll1;C alea, .c:\!:~il.\~b:s.I'-LC}I\el'.~lhiC_sQ\ltll.c_rJL<':lke_oL.lh.~J''.2l11:.rh _Elal.lll; 11 f'.
iL r c:.il_illl.QJlltC_D:l un i C !Qi!lJiD.rD s l2l:Lt Ile S (lti!ll
__ ___Nute tllil5 \\hil~_.sQlr.lC :}lanlllL~ areas. "bi1r:.e_ilfu\Ullllil.lr cIE11"c:.Lcri811'_'cllCil.il'.
~lr.t:ilS I V and \ Jhal. f211J.ficklHIx .C.lc'lltamIEllltij,lfIJily t1~t;"-l!lUl1l'--l:..~t,<,ilklb.r:.L'.~' 'lLl:_~~! I JicJcnl
ditlerenccs between _the lillious areaL_tQ_~<lrran[j1Jdl\'idl!.i!ilL:.c,L~llli'nl iUIl.ll2...._c;.acb_ .llnc
DltferCIlces include; t(,r example, uSl's,densities, inteilsities imdp)l),(lllilty to tile ['(Ii(; dOI\J1llll\ n
husine<,s district
l.ach ()f these sm;1I1 pl;lIlning ,Ireas pla)c' an Important rl)ic ill the
l,".Q~~c] ()J1rT]t:.~lJ_(1L tll~ F cd "r~JJiglJ.\\21). ~'l )11 Id_()l. r"lTllnllllJI y:RecJ'-'.vcIQpJlle.lll 0I..Ci:l_iL'_i1_"IJ.l1ll'.
12
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...' h. EPTUNE/ 1// u =:::x. ~~H -~ ~' 7 ~-,j I I
Legenc I
reaer-at "Ignway \;orrlaor
Community Redevelopment Plan
PLANNING AREAS
Map 4.1
'-
'-
t
......
ii ..! City Boundary
"..1-
o Planning Area
LH_. J CRA Area
3,500 1,750
I
(
N
A
o
3,500 Feet
Land Use - Land use designations withlll the entire Federal Ilighway COrridor are
extremely varied. Detailed discussions of each planning area that follow this overview each
contain an cxhibit that depicts the Future Land Use Plan Map designatIOns that exist within the
subject planning area.
The future land use designations information is displayed in Table 4.], \\ hich is on page
12 As Table 4.1 demonstrates, there are a variety of land use designations within the Corridor.
While the central portion of the Federal Highway Corridor centered on the downtown area is
largely designated Mixed Use.JllliLj\:li2.ed Use-~-'0Il?, the other areas feature a mix of designations
without any apparent order or hierarchy of land uses
14
,Table 4~1.-Existin2 Corridor Land Use Desi2nations
Abbreviation Land Use Desi2nation DensityfFAR
LDR Low Density Residential 4.84 du!ac
MoDR Moderate Density Residential 7.26 du/ac
MeDR Medium Density Residential 9.68 du/ac
HDR High Density Residential 10.80 du/ac
SHDR Special High Density Residentiall" 20.00 du/ac
MX Mixed Use(l) 40 dulac-FAR 2.0
J\1X-C Mixed Use-Core(l) 80.00 clu/ac- FAR 4.0
OC Office FAR 0.40
LRC Local Retail FAR 0.50
GC General Commercial(2) FAR 0.50
R Recreational
(I)portions ot)his land use category also exists with a conservation overlay designation
(2)Also desi nated mixed use ifuse and develo ment meet s ecified re uirements
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
,March~006.
Signage for commercial uses throughout the Federal Highway Corridor lacks any
continuity or coordination. Sign designs have no unifYing theme with regard to architectural
details, landscaping, color, size or placement. Additionally, some signs are in need of
maintenance or repair. Overall, commercial signage detracts from the appearance of the
corridor. It was also noted that there are two signs in different places on the north end of the
corridor that purport to mark the municipal boundaries. Conversely, the city limits on the south
end are not clearly marked.
Zoning & Housing Units - Zoning districts and parcels for residential uses are depicted in the
exhibits included in the detailed discussions of the planning areas that follow this overview. At
the time of the original plan, there were an estimated 4,739 residential units within the
redevelopment area. Through March 2006, developments have been approved which will add
] 5
Deleted: ~
".---..-------------
l Deleted: . - - - - - .Page Break- _ __
. ~atted: Font: Bold ..
. (
l Fonnatted: Font: Bold
! F~rmatted: Not SupersCript!
I, Subscript
{ Deleted: T
(
I. Deleted: Jun~~____ .
Fonnatted: Line spacing: Double
::'.949 residential units \\ ithlll the stud\ area '1 IllS number ll1cludes built and approved but
unbuilt units. Table 42.Jl.Q.IQ.\\:, presents the zoning districts identified in the area.,
,Table 4,2--Existing Corridor Zoning Districts
I ~.Abbreviation
RIA
RIAA
Rl
R2
R"
pun
ll'.l}J)
CBD
Cl
C2
C3
C4
~JL - L
\:1 U - H
REC
Source:
..zoning District ________~_~
Residential, Single FamIly
Residential, Smgle Family
Residential, Single Family
Residential, Duplex
Residential, !\1ulti-famil)
Planned Cnit Development
11 1 !'J11 ['li}llIlcd L't1_it [2,'VC:I QE11lCilt
Central Business District
Office, Professional
Commercial, Neighborhood
Commercial, Community
Commercial, (Jencral
0Ex~dnLs.l'-~Jc'\\ I.!ll..:n~it~
\1ixed Lse-Higli Jntl'l1sit)
Recreation
-- -~--_._--_._----_._--~._---------- -----~----
City of Boynton Beach, FL "Official Zoning Map", updated Jvlarch_2_Qi)(J
pensity
~. 80 du/ac
540 dUlac net
7.26 du:ac
CJ 6 duiac
IO.Wdu'ac
4C~.QQ ~! lJ..<I.Li
SO.O() dUilc
Street Layout and Circulation -- The street layout within the Federal Highway Corridor
can be broadly described as predominantly a modified grid pattern, with streets on the east side
of the corridor terminating in cul-de-sacs or dead ends because of the Intracoastal Waterway.
Federal Highway itself is a major north-south arterial connecting the eastern seaboard of the
United States. It runs through the eastern. mainland portion of Florida Through the City of
Boynton Beach, it is currently a four-lane divided highway with bike lanes in hoth directions and
Sidewalks along both sides. The speed limit within the city limits varies between 35 MPH and
40 MPH. Map 4.2, on,page26, depicts the street pattern within the area
The Florida East Coast (FEC) Railroad also runs along the eastern portion of Florida and,
in the City of Boynton Beach, just west of Federal Highway. forming the western boundary of
the Corridor study area from the C-16 canal southward. Since the railroad tracks run along the
I ()
Deleted: wh::h 1S 011 p.lge :
Deleted: l'
Deleted: <
Formatted: Line spaCing Dc '''; u {
Formatted: Font. Bolj
Formatted: Font Bol.j
Formatted: FOrlt. 80lj
Formatted: Font Bold
Deleted: Jan 2000
Deleted: the
west side of Federal Highway throughout the City, it tends to separate the more.;::ommercial
Federal Highway area from the more residential western areas. The locations at which the tracks
can be cros.sed are important for access and traffic circulation between the west side and the east
side. Each of the cross streets at the signalized intersections on Federal Highway provides
access to the west including FEC railroad crossings. The majority of other streets, however, do
not cross the tracks.
The South Florida Regional Transportation Authority (R T A) has established as one of its
long term goals to partner with stakeholders to implement premium transit services along the
FEC Corridor from Miami-Dade to Martin counties. The possibility of passenger rail service
with a station in the downtown area would provide an opportunity for a transit-oriented-
development (TOD) surrounding the station.
It would also provide an opportunity for
establishing a multi-modal transfer station in this area.
Currently, Palm Tran offers motorized transit service through the study area with two
routes:
· Route] offers north-south service through the Federal Highway Corridor connecting
riders from the Gardens Mall in Palm Beach Gardens to the Mizner Park area of Boca
Raton. Twenty-minute service is provided Monday through Friday, with thirty-minute
service on Saturdays and sixty-minute service provided on Sundays.
· Route 71 provides service to the area via Boynton Beach Boulevard, Ocean A venue and
Federal Highway. Sixty-minute service is provided seven days a week. The Route also
provides service to the Boynton Beach Tri-Rail Station and the Boynton Beach Mall.
The Florida Department of Transportation (FDOT) has developed a system for access
management for roadways such as Federal Highway. Access management is a comprehensive
approach to the control and regulation of all aspects of highway access. This is done by
assigning a specific classification to roadways. These classifications contain separation
17
Deleted: ~
- ~ - - - - - - - - - Page Break- - _ _ _ _ _
~
~
~
~
~
~
~
~
~
~
~
~
~
~
Exhibit 32 - Street layout1j
---Page Break
standards for access features such as dri\eways, medians and signals rhe portion of Federal
Highway located \\ ithin the City of Eo) t1l0n Beach is classified by FDOT as an "urban minor
arterial" with an Access Classification of"5, Restrictive." Restrictive means the opposing lanes
are separated by a median. For a Classification 5, the deSirable driveway connection spacing is
245 feet, the desirable median opening spacing for a directional opening (limited Illrnine'
movements allDwed) is ()()(J fecLJnd for a full openlllg(all tlJrnmgmo\enltllts allowed) IS t .~H)
t~et. [le.si!:abl~~acinl2. .bet\\e~lltn1ftic ..s.igrljlh~isLl:2..0JS:.tCl
n ~. _TI~ P a b1.1B.~lcb_i;QJlJ.m~~Tr a filc;.Q_i\_i5..isJ.fl._IJ.lil.LnJ.ai1l5.. r.n 0 njtoxing Jlj1fTl~S:I1 UlI1ln.g_" i t e s,
Dot h ill \ \ Dl:U-. "d gilLU i l'h IV il Y illicJ..i\llJlJilll!r '-:iLSk\I.~LLolld~._\\itlun_or lDlIn~di'll~.hi1Qj'llDLtlJJ, (he
::>IlJ.Q J...(jIi'iJ .
18
reaeral Mlgnway \;Orndor
Community Redevelopment Plan
Roadway Network
Ma p 4.2
,u-" '" r::
)JJli GTE' 7 ~ ~ ~'
.JUAN I UI ( ij') h 'b':; Ie'" _1-,
D . >(v ~ ('i .~I ~~ ~ 20TH'"
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3,000 1,500 0
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A
3,000 Feet
lahlc 4.3-Prak 2005 Traffic Counts
2002 2005
STREET NAME LOCATION PEAK PEAK
FEDERt~.1J.lliill\\'A )<;2.0'-1\ (lj'(~llt<C.\,\;1~.J\hd I R')70 2Q5Q()
U;I}FRALJJltJll\\.:\'y 2.QO-'-'\UdJ2~~iJIl. [jI~lL ::1I.Jl~7 27--,-1~
1 LDLlZ..0LllliilL~,,,,\ 2J!.(L s.QU}ll)..111 "'l(.i!'l,lj ='-LJ'('Q 26(ifuJ
FF[)f~RA1Jl!()lj\VA\' Q.Q()~-,,,-~j,\'o(llbril'.ht JicJ :LL'()~~ ~LLQ4
1'1 DFIZAl.IlJC;HW/\Y IO()' S \\("llhright Rd ;;,~I';I}O'.)
Cli\TEW^ Y BLVD ?QQ'F~~U~~):' "i,';l ,
HOY?\TON BEACH BLVD 600' I f-q<; "q.~~7
130Y~TON 13b\C::UJ}1'{L) 15C)' V'__lIL"'-l_"LA\..L: 1'7.oc.q.~1J EJUL7
Qi:L"'-N /\ VEUJQ:,\\:,_gf IS-1~\\ (1.JLi6
WOOU3IZIGJ IT RD 600' L (~LL(J5;2,-20_~ }9~2_1-; u
WOOlBRIGHT RD 100' W ,ot: lCCW __ 1~2jl___1~-,-2}Q ..J2t>
Source Palm Beach County Traffic Division, "Peak 2005 Traffic Counts", June 20, 2005
Growlh .
Rate
-~_L) S CJ~I
. () i
'4 . lj(, U (I
. I '" u
.D [jJ".Q .
School Capacity - In 2002, Palm Beach County and its municipalities entered Into an
interlocal agreement With the School District to establish a level of service for public education
facilities and to provide facilities at the adopted level of service to mect the demands of new
residential development concurrently with demands for other necessary services such as
transportation, potable water, wastewater, ete This means that any proposed increase III
public school capacity
residential densities must be reviewed by the School District to determine its impacts on local
u ____In l'nlSln Ifll~Le...__nlf_i.it)l,f.D,(lYJlt on B l'.3.lJLL2.2 (l....CQIllDIc:b l:lb: \CLI~ I 'Ill. L ViII ~I~li<,lldn...d
{\ppraisal Report lIldiciltesJl1.1LtllC_1'1)lj1e.Lcdcrall kdl\\il\ COrClcl(\\. COl111lllJJlll.Y IZcclcycIo[llill'lll
:'\lC;L~~2~~CJjJ\ pllb!i.,-= \\<IlCr..!lr~ SC\\c:llncs pruvidcd b\ thc Cil\. Map4.'''<2!lJ2.<:!'''S 27 shl~~'
laY()lIt of,e\wrlille, within the ,tlldy are~1.
thc la.iL1IIL~~LJ:llIlJl,-c ~\.illl'Illils.. Map 42, \I.ll icbJ(lJl()\\, Map_ 4 4:inLjJ.~()nJlj:lS'~ _~_"h()\\i.lhl'
20
Formatted: Font: 5c'.;I
. Formatted Table
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Formatted: Right
Formatted:
Formatted: Rlfjl:t
. Open Space Areas - The Feder(jl High~' Cor[LcLQ[J~~ULllulllbe, of both a.fl~,lJld
passive public parks and recreational areas, Three of these. IntracoaslCl/ Park, Boat Ramp Park
and Jaycee. Park have an orientCltion toward the Intracoastal Waterwav, In addition IL' the public
parks, there arc approximatclv twelve points of access 10 Ihe \\aICr by way ofpllblic slrcds.MEQ
4,1, shown on pac>e 2 L shows the k\calion and lype or opell space Clnd recrcat ioni!.LiiIcas.
21
Deleted:
.....eaeral t1lgnway Corridor
Community Redevelopment Plan
Water Lines
Map 4.2
!n~ {j
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1:
Legend
3,000 1,500 0
Water Lines
Major Roads
N
A
3,000 Feet
Federal Highway Corridor
Community Redevelopment Plan
Sewer Lines
Map 4.4
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Legend
o LOW OENS"y RESIDENTIAL (LDR) Ma, 484 D U lAce" I:iZ[J LOCAL RETAIL COMMERCIAL (lRC) _ MIXED USE (MX)
o MOOERAn DENSITY RESIDENTIAL (MOOR) M., 726 Du IAc_ GENERAl COMMERCiAl (GC) _ MIXED USE CORE (MXC)
o MEDIUM DENSITY RESIDEN7IAL (ME DR) M~ .580 U/AcI" D INDUSTRIAL (I) 0 MIXED USE SUBURBAN rMXS)
a HIGH DENSITY RESIDENTIA' (HDR) M" 10' 0 UJAn" ., AGRICULTURE (A) D DEVELOPMENT OF REGIONAL IMPACT 10Ri;
S SPECIAL H'GH DENSiTY RESIDENTIAL (SHDR) 0 RECREATIO"AL IR) D CONSERVATION (CON)
CJ OFFICE COMMERCIA' (OC) _ PUBLIC & PRIVATE GOVERNM"TAliINSTiTUTlO"Al rpp~ CONSERVATION OVERLAY (CIO)
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reaeral Mlgnway \,;orrjdor
Community Redevelopment Plan
Planning Area I Zoning
4.8
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Legend
DR1AAA Single Family ClC1 Office Professional OPU Public Usage
DR1AAB Single Family DC2 Neighborhood Commercial LJREC Recreation
DR1AA Single Family mC3 Community Commercial ~AG Agriculture
l----,R1A Single Family _C4 General Commercial DIPUD Infill Planned Unit Development
DR1 Single Family _CBD Central Business District _MU-L Mixed Use Low
DR2 Duplex _PCD Planned Commercial DevelopmentDMU.H Mixed Use High
E'JR3 Multi Family DM1 light Industrial =--=SMU Suburban Mixed Use
o PUD Planned Unit DevelopmentD PID Planned Industrial Deveiopl1lent
Planning Area I
Overview
Planning Area I extends from the northern city limits to the C-16 canal, which fonns a
physical and psychological boundary from the adjacent planning area to the south. Within this
portion of the corridor, the FEC railroad right-of-way is contiguous to Federal Highway on the
west side, while the western boundary of the corridor study area extends west of that, lying along
4 u, Street, which is also Palm Boulevard. The eastern side of this planning area extends to the
Boynton Beach municipal limits, that is roughly the centerline of the ICW in this area.
Street Layout and Circulation
The FEC rail line, which is contiguous to and slightlv elevated above Federal Highway in
this area, serves to sever the continuity of this portion of the corridor and directly affects the
development appearance of it. Land lying west of the tracks in the study area is not readily
noticeable or highly visible. Additionally, the railway severely limits access from the west onto
Federal Highway. Planning Area I has only two access points from the west onto Federal
Highway. The first is at Gateway Boulevard, which is a signalized intersection with full median
openmgs. Because Gateway Boulevard provides direct access to and from Interstate-95, this
intersection is a major node. The second access is from NE 1 5th A venue, which is roughly 700
feet north of the C-] 6 Canal; the southern edge of this planning area. The intersection ofNE 15th
A venue provides a full median opening, but it is not a signalized intersection. Additionally, NE
15th A venue is a local street that provides access to the surrounding single family residential
neighborhood that lies to the west of Federal Highway.
29
In addition to limiting access, the rail line. In wnJunctluJl with the Fedcral Highway
right-of-way. defines the appearance of the corridor The expanse of the two rights of way
convey an appearance of very 10\\ density or open area, which is underscored by the landscaping
cnhancements completed by the FDOT As a result, a sense of community exists largely only on
the eastern side of Federal Highway in planning Area L
Land within the eastern portion of Planning Area I is constrained by Federal Highway on
the west and the Intracoastal Waterway on the east. Parcels tend to be narrow and extend the full
width between Federal Highway and the IC\\'. As a result, there are numerous direct strcet and
driveway access points on the east side of the planning area. The driveway separation in this
area, however, is generally close to the 245-foot separation that is considered desirahle by the
FDOT for this portion of Federal Highway.
Zoning
The zoning districts in planning Area I and the existing uses are 1I0t inconsistent. The
Coastal Management Element of the Comprehensive Plan, however, noted that one multi.famil)
development which is located on the ICW in roughly the middle of the planning area, has an
existing density of 38.3, which exceeds the land use plan and zoning designation of 10.8
dwelling units per acre. There are a number of residential parcels or lots in the central and
northern portion of Area I east of Federal Highway that are either under utilized or vacant
Similarly, there are commercially zoned parcels that are either vacant or developed but not to the
level of development permitted under the zoning regulations
The commercial zoning districts on the east side of Federal Highway are long and
narrow, paralleling the roadway. Commercial lands In this location were likely to have been
established many decades ago to benefit from the railroad. At that time, the train was important
30
to and served the community, and Federal Highway was a small, two lane road. Over the years,
however, the importance of the railroad to the community has diminished. At the same time,
Federal Highway has been widened and medians added to address the shift in modes of
transportation. The necessary right-of-way to accomplish the roadway improvements was taken
from the east side of Federal Highway since the west side bordered the FEe The end result is
commercial parcels of land of marginal depth that invite strip development or isolated free
standing uses that lack landscaping; a desirable transition to the adjacent residential properties;
and, often, feature inadequate parking. Table 4.4 depicts the zoning districts that exist in Area l.
Abbreviation
RIA
RJAA
R3
PUD
IPUD
C2
C3
REC
Table 4.4--Area I Existin2 Zoning Desi2nations
Zoning District
Residential, Single Family
Residential, Single Family
Residential, Multi-family
Planned Unit Development
Infill Planned Unit Development
Commercial, Neighborhood
Commercial, Community
Recreation
Density
5.80 du!ac
5.40 du!ac net
10.80 du!ac
20.00 du!ac
Source: City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
Land Use
Land use in Area I is predominantly residential, with a mix of single-family. and multi-
family .The east side Federal Highway has a variety of housing and housing conditions that
range in allowable zoning density from 5.4 to ;20.0 units per acre. Two recreational areas are
located on the east side that provide access to the Intracoastal Waterway. The west side of
Federal Highway, beyond the FEC railroad, contains less varied housing, and conditions are not
as varied. Table 4.5 shows the land use districts that exist in planning Area l.
31
Deleted: ~
. (Deleted: ,
Deleted: and mob,}e homes
Deleted: 10 8
Table 4.5.--Area I Existing Land Use Designations
Abbrevill.tiol1~ ___ ~and Use D_e~natiQ!1~ __un pensity f~!lg~~cJ..
LOR Low Density Residential ..1 8..1 duiac
HDR High Density Residential 1080 dUi<IC
~II[)R ~cial Illgl1Jlcl\oil\-.Bcsidcnlial :'.i!QllclujJ.C.
LRC Local Retail
R Recreational
-~_.._~~-
(,) Also designated mixed use ifuse and development meet specified ~~.9.uirt!.l.~_n~_ ._ __~_
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
I )\1arch 20()(,
Residential - On the east side of Federal Highway, there arc a few lower density
commUnities The ones on the southernmost end of the planning area are in stabile condition,
and showing signs of upward transition This neighborhood appears to have been constructed
around the 1950s as a first wave of retirement homes. It was noted that redevelopment in these
lower density communities has started to occur, beginning particularly with those lots that front
on the Intracoastal Waterway. Modest homes in these areas are giving way to large, two story
residential units. The lower density community on the northern end of Area I appears older than
its southern counterpart, and consists largely of moderate to marginal housing with an overall
appearance of a neighborhood in decline Numerous newer multi-family communities exist
throughout this planning area that range from attractive to exclusive in appearance.
D~O-'11(\\ilfJ10r:..YlrJl-,11J.:U Ililt.E:"i~t ccL<JutLe... t~n.E:_.QLrh~_~i}lill .~.lu(iy i1rehcillg reJ.ll!l~ccJ \Ii (11
r C IT 1111 \.ill2J2r_o \ cd t9Y\.Dh<,)~J)J:. illl d I DW!.cUrrl:8Y c_oD9_('llllllilJIl~
I , The west side of Federal Highway within the corridor study area, north of Gateway
I
Boulevard, contains a planned unit development that is separated and insulated !Tom Federal
Highway. The development is elevated well above the grade level of Federal Highway. and has
berming and fencing on its perimeter, with no direct access onto the highway. South of Gateway
Boulevard is a commercial node and then a large area of modest residential units in need of
32
Deleted: JWle lb, 2CluO
~ Deleted: Interspersed are tv,.'l) ma
I pockets ('If mobile homes that aJ t c
descnbed a~ 1f1 3 stale cf dcrelloratlu.
Deleted: ~o{e that there are til[CC ;ue:~~
ofresldenlwlland use tlHl! helve
alternative deslgnatHJns to go frum l~\.v.
densrty resldenhal to hIgh denSity In t\-~ \'
areas, and from hlgh dens!!) leJ Inca]
retaillll a t1md urea
rehabilitation.i1nd a recently completed zero-lot line re~idential development. ~!lQQlkl!9J:ll.S'
park (hat existed at [he time of the study ha~ been approved for rcdeyeloRl11cnt as a townhouse
community.
Commercial - Some commercial uses flank portions of Federal Highway. On the east
side of Federal Highway, commercial land uses include vacant lands; several one-story shopping
plazas; a motel; ,restaur.ants; an~, bothana.ctive ,md(in abandonedgas station. Asnot~dabove,
parcel depth has been diminished over the years due to improvements to Federal Highway.
Conversion of several of (l1e~e commercial areas to hil'h densitv residential developments I~
taking place
On the west side there are only two commercial nodes. The northern node is centered on
and oriented toward Gateway Boulevard more than Federal Highway. It contains marginal, one
story neighborhood strip mall retail uses. The location, orientation and nature of these retail
facilities, in conjunction with the barrier created by the railroad right-of-way, indicate that they
are not likely to serve either Federal Highway users or the preponderance of residential uses in
this planning area, which are located on the east side of Federal Highway, The southern node is
centered around NE 15th A venue. Commercial uses include a funeral home as well as several
vacant tracts of land.
The intersection of Gateway Boulevard and Federal Highway, which should be
considered a major node, contains residential on the northwest and southeast corners and
commercial uses on the J,v\?remaining.comers. The northeast corner features agas station and
the ;;outhwest corner features the marginal retail discussed above, and is set far back from the
intersection due to the FEC right-of-way.
33
-------------"------------
. ' Deleted: ,
'=- .
i Deleted: as well as pockets of mobIle '. 'i
I hom~ parks thai are In a state of
; delen Oration
L~~opless bar, .___~._)
, !.Delet~ihree==-==~.=J
------- ---------~-.__.-
I' Deleted: southeast comer IS a restaurant 1
l Wllh a large setback from the comer, The !
Recreation Area I features two recreational sites on the cast side of Federal Highwa~.
proximate to the Intracoastal Waten\ay The southern recreational area is a functionlllg boat
ramp park. Because of the facility's proximity to the inlet, the park serves much of the South
County area. As a result, there has been an increase in noise, traffic and parking that has
presented issues for the surrounding community The City of Boynton Beach has lC'c:c;l1Jb
increased parking at the facility.
Just north of the boat launch area is .LwJilCOjlStill .I'~1Ih, developed with approximately
$I725 million in funding provided by Palm Beach County,lrUlddilic)nl2-Cjb-.lllllds The site
.k(1J}l<lip~ active and passive recreational facilities. .
lt1lPJLC12.QlJu1.DkmClll.lli 0.1 L~ 1 cil8!1'e s
82llii W i 11g_ado Dt 1i)ILQLrjJ~a rn en~.L~..cL~_l'..c;ii1LUig.b_ Den s i ts_ fie s iC!L'IlJial.l~ill US~ ca1l'l'..ll.f,.'.
and the.. cOlllpanion Infill Planned .lJnItDevclopmellt regulaticins, ~l number of milll;inal
commercial.. uses have been ITdeveloped .as. tllwnhouse and mult i-fam i Iy condom in i um
Cl.iJ.1)ImJlliiit?~ The six projects approved as of March 2006, will provide a total of 449 rcsidenllal
units in the planning area. Since three of these developments are replacing antiquated mobile
home parks, this is n0t a net gain of 449 units; however, with today's building standards, these
new units will be better able to withstand the effects of storm events, thus providing a safer
environment for the occupants. J~ocatj.\lls.(~LLhl'~sc 111~Jj~ct,--'Ir:t:...sh()'''Il,)rl IhcIlilllilUl1g l11iJ1'
34
~Deleted: undenaken <1 pruJec[ Li
----- ---- ..----
1, D~L~_.!ed: open space that wd! be
Deleted: wili be v.llh
Deleted: and will rnJtlgate the upe:.
space in the boallaunch faCIlity thaI V.i!]
be replaced v...lth Ule i1ddlllonaJ parklllg
thaI wdl be pll~\Jd("d
r~u~'-c:1I nlgnway ,",ornoor
Community Redevelopment Plan
Planning Area I Redevelopment Projects
Map 4.9
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PLANNING AREA II
Deleted: <,
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36
r~ueral Mlgnway \,;orrldor
Community Redevelopment Plan
Planning Area II Location
Map 4.10
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Community Redevelopment Plan
Planning Area II Land Use
Map 4.11
500
250
o
500 Feet
Legend
DLOW DENSITY RESIDENTIAL (LOR) Max. 4.84 D.UjAcre _AGRICULTURE (A)
DMODERATE DENSITY RESIDENTIAL (MOOR) Max. 7.26 D.UjAcre C]RECREATIONAL (R)
C]MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.56 D.U.IAcr. _PUBLIC & PRIVATE GOVERNMENTAUINSTITUTlONAL (PPGI)
_HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.UjAcr. _MIXED USE (MX)
_SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) _MIXED USE CORE (MXC)
DOFFICE COMMERCIAL (OC) D MIXED USE SUBURBAN (MXS)
[WLOCAL RETAIL COMMERCIAL (LRC) DDEVELOPMENT OF REGIONAL IMPACT (DRI)
_GENERAL COMMERCIAL (GC) DCONSERVATION (CON)
C-:-JINDUSTRIAL (I) p,zoCONSERVATlON OVERLAY (C/O)
r-eaera. Highway Corridor
Community Redevelopment Plan
Planning Area II Zoning
Map 4.12
Legend
DR1AAA Single Family DC1 Office Professional mpu Public Usage
DR1AAB Single Family DC2 Neighborhood Commercial E:JREC Recreation
DR1AA Single Family OOC3 Community Commercial IIIiilAG Agriculture
DR1A Single Family -C4 General Commercial C]IPUD Infill Planned Unit Development
DR1 Single Family -CBD Central Business District -MU-L Mixed Use Low
DR2 Duplex .PCD Planned Commercial Development DMU-H Mixed Use High
m;)R3 Multi Family DM1 Light Industrial DSMU Suburban Mixed Use
DPUD Planned Unit Development DPID Planned Industrial Development
500
250
o
500 Feet
Planning Area~I
Overview
Planning Area II extends fTom the C-16 canal on the north to Just south of an extension of
NE 6th A venue on the south. The FEe railroad right-of-way is the western boundary of the
planning area. The centerline of the Intracoastal Waterway is the eastern edge of Area II. The
FEC is roughly 75 feet west of Federal Highway on the north end of the area. On the southern
end of Area II, however, the railroad right-of-way is roughly 200 feet west of Federal Highway
Martin Luther King Boulevard, which is NE loth A venue, is the center of this planning area.
Street Layout and Circulation
The FEC railway has a direct impact on circulation and land use patterns in Area \l.
Access to Federal Highway from land to the west of the FEC is limited to only two points.
Martin Luther King Boulevard is the first access point This intersection is signalized and has
full median openings Martin Luther King Roulc\ard contains some commercial uses and is a
focal street for the residential community that surrounds it Further, this street is the only one in
Area II that provides citizens with northbound access on Federal High\\ay As a result. this
intersection should be considered a major node. The second FEe crossing is at NE 6th A venue.
which provides southbound access to Federal Highway for theindustria!:1rca and residential
community to the west NE 6th A venue is not signalized and provides no median break.
On the east side of Federal Highway, streets are predominantly a grid pattern. Access to
Federal Highway is provided by each of the east-west avenues at intervals that range from
approximately 280 feet and more. From the north boundary of Area II to Martin Luther King
40
Boulevard, driveway separations are generally close to the 245-foot DOT guideline. South of
there, however, driveway spacing varies. On~treet parking is available in this portion of Federal
Highway.
Zoning
There areiivc zoning districts present in planning Area 11. These are shown in Table 4.5.
The zoning districts and existing uses are not jnconsistent with one another. The Coastal
Management Element of the Comprehensive Plan, however, noted that three developments on
southern edge of the planning area have densities of 40, 18. I and 17.9 units per acre, which
exceed the existing land use plan and zoning designations.
Table 4.6--Area II Existing Zoning Designations
Zoning District Density
Residential, Single Family 5.80 du/ac
Residential, Single Family 5.40 du/ac net
Residential, Single Family 7.26 du/ac
Residential, Multi-family 10.80 du/ac
Commercial, General
Mixed Use-Low Intensity 4000 duClc
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
Abbreviation
RIA
RIAA
RI
R3
C4
MU-L
,Source:
There is only one commercial zoning district in Area 11, which is the C4, General
Commercial district. This is the most intense commercial district available within the City of
Boynton Beach, and is intended to facilitate development along major trafficways. According to
the Code, the intent of C-4 zoning is to preserve the design integrity of major highways by
grouping "highway uses," which include local serving commercial uses as well as uses that lean
more toward industrial in their nature. Federal Highway in this vicinity, however, is surrounded
by residential uses with no transition in land use from residential to the heavy commercial and,
as in planning Area I, the commercially zoned land is of marginal depth on both sides of Federal
41
Deleted:
(--------- ---.
I, Deleted: fow I
. l Deleted:
Deleted: <sp>
Highway As a result. the C4 zonll1g district category allows for some uses that are traditionally
considered incompatible when contiguous to, or a part of. residential communities.
LandJJ~
There are only two land use designations in Area II. which are shown in Table 4.7.
Existing land use in Area II is commercial along the entire length of Federal HIghway East of
the commercial strip is residential land. These properties have a land use designation of mixed
use, but are zoned residentially at densities of 5.8.726 and 10.8 dwelling Ul1lts per acre Some
residential lots appear to be non-conforming With regard to minimum size ,and width. Many of
the houses are in need of maintenance. Overall, the land appears to be underutilized, and the
neighborhood in need of code enforcement
Table 4.7.--Area II Existing Land Use Designations
Abbreviation Land Use Designation Density Allowed
MX Mixed Use 40 du!ac
GC General Commercial(J)
. (I) Also designated mixed use if use and development meet specified requirements
Soun.:e: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map",
updated ,M arc h_2_lli19 .
The commercial land uses include vacant lots and auto related facilities such as car rental.
car wash, auto parts and repair; an adult entertainment establishment; a U-Haul rental with
outdoor storage and display; outdoor boat sales; offices; restaurants; and retail. The more intense
commercial uses that exist in Area II, such as the auto related facilities, outdoor storage and
display, and adult entertainment are incompatible with the surrounding residential
neighborhoods Additionally, the marginal depth and overall size of many of the parcels,
particularly on the west side of Federal Highway, do not allow for adequate landscaping, parking
and buffering. Additionally, many structures are situated on or near the Federal Highway right.
of-way line.
42
i Deleted:
Deleted: June 18, 200U
In addition to the commercial and residential uses, there is an Elks club located on the
east side of Federal Highway. Beyond this, however, no other similar types of uses, community
uses, public facilities, or open spaces were noted in Area II.
Land uses at the intersection of Martin Luther King Boulevard and Federal Highway are
very low scale retail uses. These include a vacant structure, vertical blinds shop, seafood market
and a barbeque.
llT1l?acts of Implementation Measures
/\ sinl2le re70ninl!. to Mixed Use-Low Intensitv has been approved in this area for a mixed
use structure approximately 45 feet in height containing retail and office uses. Whik rhe Loning
regulations allow densities of 40 clu/ac and structure heights w:> to 75 feet, the shallow depth uf
the comlllerciallv-Jesi12naled parcels <lnJ the closc proximity of silll!.lc-famiJv residences make
achieving thO?;ClllilXirnlllnspro[J!emiltic In addition, the development potential allowed by the
future land use designation and potential zoning category has contributed to causing property
owners to have an over-inflated value of their land, rather than considering the limiting factors of
the development regulations and the size and configuration of the individual parcels.
I '
43
Deleted: -. - -- - Page Break - _ . _ __
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PLANNING AREA III
r O.;!eted:
44
. Page BreoK
reaeral nlgnway Corridor
Community Redevelopment Plan
Planning Area III Location
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LOW DENSITY RESIDENTIAL (LDR) Max 4.84 D.U./Acre
MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U/Acre
MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 DU/Acre
"CO HIGH DENSITY RESIDENTIAL (HDR) Max 10.8 D.U/Acre
_ SPECIAL HIGH DENSITY RESIDENTIAL (SHDR)
OFFICE COMMERCIAL (OC)
LOCAL RETAIL COMMERCIAL (LRC)
'0:'\11. GENERAL COMMERCIAL (GC)
INDUSTRIAL (I)
i:iI::t AGRICULTURE (A)
RECREATIONAL (R)
1!It~ PUBLIC & PRIVATE GOVERNMENTAUINSTITUTIONAL (PPGI)
MIXED USE (MX)
M MIXED USE CORE (MXC)
MIXED USE SUBURBAN (MXS)
DEVELOPMENT OF REGIONAL IMPACT (DRI)
CONSERVATION (CON)
F<."I, CONSERVATION OVERLAY (C/O)
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Community Redevelopment Plan
Planning Area III Zoning
Map 4.15
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o R1AAA Single Family 0 C1 Office Professional Ifu3 PU Public Usage
o R1AAB Single Family 0 C2 Neighborhood Commercial 0 REC Recreation
o R1AA Single Family m C3 Community Commercial _ AG Agriculture
o R1A Single Family _ C4 General Commercial 0 IPUD Intill Planned Unit Development
D Rl Single Family _ CBD Central Business District _ MU-L Mixed Use Low
o R2 Duplex _ PCD Planned Commercial Development 0 MU-H Mixed Use High
r::l!!l!I R3 Multi Family 0 Ml Light Industrial 0 SMU Suburban Mixed Use
o PUD Planned UnH Development 0 PID Planned Industrial Development
250
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'planning Area III
O\erVlew
Planning Area III contains the heart of downtown Boynton Beach, and includes the
original Community Redevelopment Area, A line extended from the north edge of !\1angrove
Nature Park forms the north boundary of the planning area. The eastern city limits, which is
roughly in the centerline of the Intracoastal Waterway channel forms the east edge. The south
edge of Area III is l!.encrally formed by SE 2nd A venue, The western boundary is the FEC
railway.
Street Layout and Circulation
The street pattern in Area III is a downtown grid with access to Federal Highway from
both the east and west sides of the roadway. This planning area has two signalized intersections
on Federal Highway, which are at Boynton Beach Boulevard and Ocean A venue. These two
intersections are 1,056 feet apart, which is 20 percent short of the spacing desired by FDOT.
Typically, FDOT desires a minimum of 1,320 feet between intersections.
'I hese two
intersections provide full median openings. The balance of the median openings are directional,
meaning that only limited turning movements are allowed, and vary in separation. Driveway
access in this area varies in distance separation.
Boynton Beach Boulevard provides direct access to Interstate 95 from Federal Highway
and, as such, should be considered a node of activity. Boynton Beach Boulevard, as a major
right-of-way, terminates at Federal Highway. Ocean A venue, which is just to the south, carries
traffic across the Intracoastal Waterway to the Atlantic Ocean beaches and, therefore, should also
be considered a major node of activity. The bridge at Ocean Avenue was recently rebuilt with
48
Deleted: .
enhanced architectural features that continue the streetscape theme of Ocean A venue, and
developers in the downtown area are being strongly encouraged to utilize many of these same
features in .their projects to create visual harmony.
The FEC railway does not have a significant limiting impact in this planning area as it
does in the two planning areas to the north. On the northernmost end of Area Ill, land between
the railway and Federal Highway is approximately 200 feet deep, Land between the FEC and
Federal Highway continues to gain depth throughout the balance of the corridor. On the
southern edge of Area III, there is more than an estimated 400 feet between the two
transportation corridors. The three FEC crossings in Area III provide ready access to the Federal
Highway Corridor for land to the west If passenger rail service is restored on the line and a
station is established in the downtown, it will have important impacts on both land use planning
and transportation planning for the subarea and the City as a whole.
Zoning
Approximately nine lots spanning across NE 4th A venue contiguous to the railway are
zoned for heavy commercial uses. Beyond that, however, the balance of land within Area III is
zoned either Central Business District()rMLxedllse:J-1jghJnt~nsity. Table 4.8 shows the zoning
districts that exist in Area III.
49
Table 4.8--Area III Existing Zoning Designations
.Abbreviati2~._.~_Zoni~ District _._~_____._pe!1si!Y___u__ .
CBD Central Business District
C4 Commercial, General
--.:.f\.1.ld:!i....___~____-"\1ix~d Use-High Intensity ____~~~______.__
,.Source City of Boynton Beach, FL. "Official Zoning Map", updated March 2006.
The CBD zonmg district is intended to provide a focal point in the community that
integrates a variety of office, retail and residential uses. The district standards, densities and
intensities are designed to create a synergy between permitted uses and to create a critical mass
of upscale development that establishes a pedestrian environment and promotes the local
economy.
Land Use
The land use designation in Area III is depicted in Table 4 9. The land use designations
and the existing uses are not inconsistent. The northeast portion of this planning area has a
special conservation overlay district. This is the Mangrove Nature Park that is a natural preserve
containing scenic boardwalks that lead out to the Intracoastal Waten\a)
Table 4.9.--Area III Existing Land Use Designations
Abbreviation Land Use Designation ._pensity Allowed__. .u.__~_
MX Mixed Use(l) 40 duac
MX-C Mixed Use-Core(l) 80 du!ac
GC General Commercial
-n~rtion also designated conservation overlay ,-.---..--. "- ---- -
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
,March _2JJQli.
The northernmost portion of Area III contains a propane gas outlet and a large Goodyear
facility on the west side between Federal Highway the FEC right-of-way: uses simIlar to those in
Area II as they are suggestive of heavy commercial uses. Other uses on the north end, however,
include low scale community serving retail and businesses.
50
Deleted: <sp>
. Deleted: 1:
--- Page Break---
Deleted: <.'1'>
Deleted: June lX, 2(J()11
The intersection of Boynton Beach Boulevard and Federal Highway contains
commercial uses. A large chain drugstore occupies the northwest comer, while the southwest
comer feat~res a gas station. The northeast corner contains Boynton Plaza, a small scale strip
shopping plaza in moderate condition with front-field parking. A redevelopment plan for the
shopping plaza has been approved for the site; however, construction has not commenced. A
storm water retention pond is located between the mangrove park and the existing shopping
center. Immediately north is St. Marks Church and school faci lity. The southeast corner of the
intersection was purchased by the CRA and cleared of the motel that existed on the site. A
portion of the property is being used to create a promenade, which will link to the Intracoastal
Waterway and the Mangrove Park.
Land along Federal Highway and Ocean A venue is in a variety of uses and appears to be
under-utilized, particularly when considered in conjunction with the Central Business District
zoning that is in place and the Mixed Use-High Intensity zoning district that could be requested.
Along the west side of Federal Highway, between the gas station and adjacent small office
building at the corner of Boynton Beach Boulevard and Ocean Avenue, there is a large vacant lot
that is designated for parking for the church that is immediately to the south. Veteran's Park is
also located in this area. The church, in addition to the parking lot, also has extensive parking
behind the building. Across Federal Highway is the remote drive in facility for Bank of America
and, to the south of that, the main building for the bank, Other uses south of this area include
retail and office.
Along Ocean A venue on the east side of Federal Highway, there is one story strip retail
development and a small shopping plaza. The north side of Ocean Avenue in this area is
contiguous to the Intracoastal Waterway and the uses are marine-oriented and include charter
51
fishing and diving busll1csses. and two successful waterfront restaurants A mixed usc
development project with a marina located north of these uses has been approved and is nearing
completion.
The west side of Ocean A venue has been newly renovated and enhanced with streetscape
elements. The north side of this block-long area features small scale retail and restaurants in a
pedestrian environment. The two blocks south of Ocean A venue along the west side of Federal
Highway have been approved for a mixed use project.
The intersection of Ocean A venue and Federal Highway, which is another major node, is
low scale development. which is emphasized by the width of Federal Highway. Other than the
mixed use project. the intersection contains retail and office uses, except for the northeast corner
which has a bank building.
Recommendations for planning Area III were included in the original CRA plan. and then
subsequently contained in the Boynton Beach 20/20 Redevelopment Master Plan that was
final ized in September J 998.
The original eRA plan envisioned further development
specifically of the area between Boynton Beach Boulevard and Ocean A venue. The CRA plan
suggested the following in this area
o A waterfront public park/specialty retail'residential project that occupies the northeast
corner of the Boynton Beach Boulevard and Federal Highway intersection, replacing the
existing strip shopping center;
::J A hotel project that would overlook the waterfront amenities; both the marina and the
mangrove park; and,
o A marina project that would include specialty retail shops and more restaurants.
The waterfront projects would bring population into the downtown area to support the
desired retail and restaurants. The hotel project would serve a similar purpose, as well as capture
52
the City's share of the tourism industry. Note that the CRA plan conducted a market study and
concluded that the area would support a hotel. The marina project would not only bring
population to the downtown, but would also enhance the water orientation of this area, which is a
valuable asset. Parking for these suggested developments was not directly addressed, other than
to note that it would have to be carefully coordinated. The CRA plan also envisioned a
pedestrian environment along the west side of Federal Highway, as well as along Boynton Beach
Boulevard and Ocean A venue. All of these recommendations were made, however, predicated
on the completion of the Boynton Beach Boulevard Bridge that FDOT had planned to construct
across the JCW. The bridge was not constructed, and the existing Ocean A venue bridge will
remain in place.
The Boynton Beach 20/20 Redevelopment Plan that was completed in ] 998 also
contained recommendations for this immediate portion of planning Area III. The 20/20 Plan,
like the CRA plan, envisioned a waterfront plaza and overall redevelopment of the northeast
corner of the Boynton Beach Boulevard and Federal Highway intersection. ]t also called for a
pedestrian environment along Federal Highway, recommending building placement near the
property line. Retail uses were envisioned along both sides of Federal Highway, with pedestrian
access placed mid-block. The 20/20 Plan did not discuss a specific mixed-use marina project,
and did not consider the hotel concept recommended in the CRA plan, but did address parking.
The 20/20 Plan noted that parking to serve the proposed retail uses would be critical in attracting
people downtown, particularly during the initial phases of operation. As a result, the 20/20 Plan
proposed parking in the northeast comer of Federal Highway and Ocean A venue, behind the
buildings that have street frontage. This parking was proposed to serve the commercial uses that
would be located on both the east and west sides of Federal Highway.
53
lnlJ.)ilc.rS_(>j. JIlJ[1! e II1~rll.illiQ~~tt?a~1 rgs
The Mixed Use-High Intensity zoning district allows for a diversity of land uses and
accommodates and encourages a mixture of residential, office, retail. recreational and other
miscellaneous uses on assembled parcels in the downtown area. It is consistent with the Mixed
Use-Core land use designation Three projects, utilizing this loning district have been approved
since adoption of the Federal Highway Corridor Community Redevelopment Plan. The
Residences at Marina Village, which is nearing completion, contains 3S0 residential units, with
]2 of them being townhouses The other two will add another 696 residential units to the study
area.
S4
reaeral t1.gnway Corridor
Community Redevelopment Plan
Planning Area HlI Redevelopment Projects
Map 4.16
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Map 4.18
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Legend
DLOW DENSITY RESIDENTIAL (LOR) Max. 4.84 D.UJAcre IiiillAGRICULTURE (A)
DMODERATE DENSITY RESIDENTIAL (MOOR) Max. 7.26 D.UJAcre [:JRECREATlONAL (R)
DMEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D.UJAcre _PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)
_HIGH DENSITY RESIDENTIAL (HDR) Max. 10.8 D.UJAcre _MIXED USE (MX)
_SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) _MIXED USE CORE (MXC)
DOFFICE COMMERCIAL (OC) [:JMIXED USE SUBURBAN (MXS)
!ZG]LOCAL RETAIL COMMERCIAL (LRC) DDEVELOPMENT OF REGIONAL IMPACT (DRI)
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Community Redevelopment Plan
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DRl Single Family _CBD Central Business District _MU-l Mixed Use Low
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Planning Area IV
Overview
The north boundary of Planning Area [V is S.E 2nd A venue The eastern edge is the
municipal boundary, which is roughly the centerline of the Intracoastal Waterway, The southern
edge of Area IV is being extended to include the two shopping plazas immediately to the south
of the intersection of Federal Highway and Woolbright Road. The western edge of the corridor
in this area is the FEC railway In this portion of the corridor, Federal Highway is in the middle
of the study area.
Street Layout and Circulation
The street system and circulation on the west side of Federal Highway is a traditional grid
pattern In contrast land on the east side of Federal Highway is representative of newer
development. Streets are curvilinear and servc only the development in which they are located,
providing no interparcel acccss.
Planning Area IV contains one signalized intersection, at Woolbright Road and Federal
Highway. Because Woolbright Road provides a direct link between 1-95 and the barrier island,
this intersection is a major nodc. There are two other streets that intersect with Federal Highway
that also provide crossing to the west at the FEe railway. These are SE 5th Avenue and SE 12'h
Avenue. While these two streets intersect with Federal Highway, there are no median openings
at these intersections. There is, however, a median opening at SE 10th A venue.
60
Zoning
The zoning districts in Area IV are varied, and accommodate single family and
multifamily development, mixed use, office, commercial and recreational uses. The zoning
districts that are present are shown in Table 4.] 0,
Table 4.JO--Area IV Existing Zoning Designations
Zoning District Density
Residential, Single Family 5.40 du/ac net
Residential, Duplex 9.60 du/ac
Residential, Multi-family 10,80 du/ac
Mixed Use-Low Intensity 40.00 du/ac
Commercial, Office
Commercial, Community
Recreation
City of Boynton Beach, FL, "Official Zoning Map", updated March 2006.
Abbreviation
RIAA
R2
R3
MU-L
OC
C3
REC
.source:
The existing uses are not inconsistent with the uses pennitted in the vanous zonl/1g
categories. The Coastal Management Element of the Comprehensive Plan, however, noted that
there were four developments that had densities that exceed those allowed by zoning. These are
the Sterling Village condominiums and three other contiguous developments. The first was
noted as having a density of30 units per acre; the next of 18 units per acre; the third of20.3 units
per acre; and 18.6 units per acre at Sterling Village. The maximum allowable density under the
existing zoning is 10.8 dwelling units per acre.
Land Use
The land use designations present in Area IV are shown in Table 4. I], which is included
on the following page, Existing uses and land use plan uses are not inconsistent, although
several developments have densities greater than otherwise pennitted.
Existing land uses in Area IV are mixed. The northeast quadrant of this planning area is
occupied predominantly by Sterling Village, which is a garden-style multifamily condominium
61
[--~-~~._---,
., Deleted: ~ )
( Deleted: <sp>
development. Field inspection of Sterling Village II1dicated that many of the units arc seasonalh
occupied, and occupants are largely age 5~ and older South of thiS is Boynton Isles, a single
family detached community that has a water orientation
Separating this residential
neighborhood from Federal Highway is a pocket of commercial development that includes the
\\/omen's Club, a single commercial use, and office uses of which one or more is vacant. To the
south of the commercial pocket are two condominium developments, Snug Harbor and Bermuda
Cay. which has recently converted from a multi-family rental complex. On the northeast corner
of Woolbright Road and Federal Highway is a gas station To the south of the intersection is a
shopping plaza containing a large supermarket, bank, large chain drugstore, several restaurants
and fast food establishments,
Table 4.1 I.--Area IV Existing Land Use Designations
Abbreviation Land Use Designation Density Allowed
LDR Low Density Residential 4 84 du/ac
MeDR Medium Density Residential 968 du/ac
HDR High Density Residential 10.80 du/ac
MX Mixed Use 40 du/ac
LRC Local Retail
R Recreational
\Ti-- -,------ - -- -.-- -- ------
_~)Also designated mixed use if use and development meet specifie~ requirements ______
Source City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map",
updatedJv1arch 2006.
The west side of the Federal Highway in Area IV is commercial Uses are uncoordinated
and unrelated. These include several banks; a motel, several fast food establishments: a church
located in a defunct shopping center; personal services; and, several vacant parcels. The overall
impression of this portion of the planning area is marginal and in a state of decline. At the
intersection of Federal Highway and Woolbright Road, the above mentioned mixed use project is
on the northwest corner. The approved site plan for this development includes retail and office
uses fronting on both Federal Highway and Woolbright Road, two residential towers, parking
62
Deleted: ~'
- Page Break- -
Deleted: June 18. 2000
garages and townhouses. On the southwest corner is a gas station surrounded by a shopping
plaza which contains a large supermarket, restaurants, and a variety of retail stores.
The aforementioned commercial uses on the west side of Federal Highway wrap around
an area of residential duplex development. This small community is surrounded on the east,
south and a portion of the west by commercially zoned land. The balance of the west side of the
residential area is contiguous to the FEC railway. Pence Park, which is a public recreational
facility, is to the north of this community.
Inll1ilclS of lmplementiltion Measures
Two rezonings to Mixed Use-Low Intensity have been approved since adoption of the
Corridor Plan. The first, at the northwest corner of Woolbright Road and Federal Highway is on
the site of a former lumber yard. The property was split by the original south boundary of the
Planning Area. [n order for the property to be developed under a single set of development
regulations, it was decided to include all of the property in Planning Area IV. In all, it will
provide an additional 378 residential units, in a combination of town homes, apartments and lofts,
as well as retail and office spaces. The second rezoning to Mixed Use-Low Intensity is located
on on the west side of Federal Highway between SE 5th A venue and SE 6th A venue. It is
approved for 48 residential condominium lofts, as well as commercial uses. While each of these
projects has been approved, construction has not begun.
63
Federal Highway Corridor
Community Redevelopment Plan
Planning Area IV Redevelopment Projects
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65
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C] MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.58 D,UJAcr. lID PUBLIC & PRIVATE GOVERNMENTAUINSTITUTIONAl (PPGI)
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Cl'NDUSTRIAl (I) WCONSERVATION OVERLAY (CIO)
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.-~u~..al nlgnway \,;orndor
Community Redevelopment Plan
Planning Area V Zoning
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Planning Area V
Overview
The'southernmost planning area, Area V, occupies the balance of the Federal Highway
Corridor from the southern edge of Area IV south to the municipal limits. The centerline of the
Intracoastal Waterway forms the eastern edge of the planning area, and the FEC railway is the
western boundary. The southernmost 3,600 feet or so of Area V contains numerous parcels of
land that are not within the City of Boynton Beach. Additionally, a part of the east side of
Federal Highway is not within the City. These properties are in the City's future annexation area
and will be added to the City when requested by the property owners.
Street Layout and Circulation
With the exception of multifamily residential development located on the west side of
Federal Highway around SE 2151 A venue that has grid pattern, the street layout in this planning
area can be described as curvilinear. Streets were designed to serve only the immediate
development in which they are located, and not to provide interparcel access.
Planning Area V has two signalized intersections on Federal Highway, which are at SE
23rd Street and Gulfstream Boulevard. These two intersections provide full median openings.
Additionally, these are the only two east-west streets that provide access to the west across the
FEC railway right-of-way. The balance of the median openings are directional and vary in
separation, Driveway access in this area varies in distance separation, c
The intersections of SE 23rd Street and Gulfstream Boulevard with Federal Highway are
important because of their size and the fact that they provide western access. As a result, these
should be considered major nodes.
69
ZOnillg
1\ broad range ofzonmg categories exist in Area \I, \,hleh are shown in Table 4 12.
Table 4.12--Area V Existing Zoning Designations
Zoning District.___~_ Densitv ,________~_
Residential, Single Family 5.40 du/ac net
Residential, Single Family 7.26 du:ac
Residential, Multi-family 10.80 duac
Planned Unit Development
Infill Planned Unit Development
Commercial, Neighborhood
Commercial, Community
Commercial, General
Recreation
_.,_._-_.~ _.._-~ ---- ._-~--~~-- ------------
City of Boynton Beach, FL, "Oflicial Zoning Map", updated March 2006.
Abbreviation
RIAA
RI
R3
P1JD
IPUD
C2
C3
C4
REC
,source:
20.00 du!ac
The existing uses are not inconsistent with the uses permitted under the applicable zonmg
districts. The Coastal Management Element of the Comprehensive Plan, however, noted that
there were five developments that had densities that exceed those allowed by zoning These
existing densities were 27.7, 25.4, 32.2, 21 and 5.3 units per acre The maximum dens it)
permitted by the zoning district for the first four developments is 10.8 units per acre. The fifth
development has land use that allows a maximum of 3 units per acre. As a result. these
residential communities are non-conforming uses
70
Deleted: <sp>
Land Use
Land use designations in Area V are extremely varied. Table 4.13 depicts the existing
future land ,use designations.
Abbreviation Land Use Designation
LDR Low Density Residential
MoDR Moderate Density Residential
MeDR Medium Density Residential
HDR High Density Residential
SHDR Special High Density Residential
LRC Local Retail
GC General Commercial
R Recreational
(I) A portion also designated conservation overlay district
Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated
,March 2006.
Table 4.13.--Area V Existing Land Use Designations
Density Allowed
4.84 du/ac
7.26 du/ac
9.68 du/ac
10.80 du/ac
20.00 du/ac(l)
r--~~.-_.._------.
~Deleted: June 18,2000 .1
Area V contains not only a mix of land uses, but these uses are arranged with no apparent
logical order. Commencing at the northwest study area boundary uses include, a fire station,
medical offices: assisted living facility; residential; motels; and, miscellaneous free standing
retail uses. In the southern portion, these uses appear marginal. uncoordinated and in a state of
decline. The Federal Highway and Gulfstream Boulevard node is just north of the southern
boundary of the study area. On the northeast corner there is an adult entertainment
establishment. To the north and west of this is a declining shopping plaza.
The east side of Federal Highway at the southern end of Area V is not within the City of
Boynton Beach. The southernmost portion is vacant property within the Town of Gulfstream
and has a recreational land use designation Farther north, the property is in unincorporated
Palm Beach County and is within the City of Boynton Beach's future annexation area.
Tradewinds Estates, a single family development lying between Federal Highway and the
ICWW, is in unincorporated Palm Beach County. Approximately 87% of the properties in this
71
subdi\ision are supplied with water and sewer services by the llt\ and have annexation
agreements with the City. Other uses in this area, however, include outdoor storage and display
of various items. The poor appearance of these retail facilities detracts from the area
Continuing north on Federal Highway to the southern city limits, uses include multIfamily. units
and Jaycee Park, which is a public, passive recreation area with ICWW orientation. North of
that, there are more multifamily units, and then a number of commercial sites that are either
vacant, or developed but abandoned.
Continuing north, there 3re more multifamily.
developments and then various commercial uses that include fast food establ ishments.
Iwp3cJ..;,_uJJD 1 pi ClllClI t a ti.QIl-,-Yeas u rc..s
,AdoPtion of the {pun zoning regulations sparked a nurrv of redevelopmellLactivities
within the subarea Most of that activity has occurred from the node at the Federal Highwav ancI
SE 23rd A venue southward to the node at Federal Highway and Gateway Boulevard. In addition
to replacing existing and declining development, including a mobile home park~ it has
encouraged assembly of small parcels and the annexation of lands formerly Iving III
unincorporated Palm Beach Counn'. The ten proiects that have been approved through March
2006, will add 9 I 2 residential units to the study area. While the majoritv of these developments
have been solely townhouses and condominiums, approval has been eiven to replace the
declining shopping plaza at the northwest corner of the Federal Highway and Gateway
Boulevard intersection with a mixed use development, consisti!J.g of commercial uses along the
Federal Highway frontage and both condominiums and townhouses on the more western portions
of the property
-,..,
I.;:;..
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Community Redevelopment Plan
Planning Area V Redevelopment Projects
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SECTION IV
MARKET ANAL YSIS
Introduction
The Community Redevelopment Agency redevelopment plan that \vas adopted in
August 1984 recommended the development of a convention style hotel \vithin the
Central Business District, which is also planning Area III in this analysis. Additionally,
both the CRA redevelopment plan and the Boynton Beach 20/20 Redevelopment Master
Plan suggested mixed use developments, to include retail, in the core dO\\l1town area.
Approximately 17 years has passed since the initial recommendation for a hotel,
additional retail space and office uses that was contained in the eRA plan, This section of
the Federal Highway Corridor Study, therefore, will review the hotel market at this time
as well as the market for mixed use retail to determine if prior recommendations are still
viable.
Hotel Market Analysis
The C10\ plan adopted in 1984 examined conditions in what was identified as the
competing markets; the Lake Worth and Delray Beach downtovvn districts. The plan
noted that Boynton Beach's location between these two areas indicated that the City
could expect to share in some of the advantages and disadvantages experienced by the
surrounding areas. The CRA redevelopment plan found that in 1984, the "least favorable
market indicator" was the number of hotel and motel units available, At that time,
Boynton Beach had 239 hotel and motel units combined, compared to 598 total units in
Delray Beach and 828 units in Lake Worth. While a breakdovm of the number of units by
75
hotel or motel was not provided, the CRA plan stated that the units within Boynton Beach
were not only smaller in number, but provided in comparatively smaller facilities that
could not accommodate meetings or conferences, As a result, the plan indicated that
Boynton Beach was likely not capturing the full economic benefits of the convention and
tourism industry.
Almost 17 years has transpired since the recommendation to take advantage of
this market segment through siting of a convention type hotel in the core downtown area,
As a result, a review of current market conditions is warranted to determine if the
recommendation for placement of a hotel is still a valid land use consideration.
The data contained in Table 4.1 on the following page provide information
concerning hotel and hotel units within both the County and the regional market area,
which includes not only Delray Beach and Lake Worth as included in the original CRA
plan, but also Manalapan that is just north of Boynton Beach. A convention style Ritz-
Carlton hotel has been constructed in Manalapan since completion of the CRA plan and,
therefore, must be included in the regional market area. Note that only hotels are
examined is this analysis, and not motels since they do not provide convention or banquet
facilities, or other "full service" amenities found in hotels, The classification to determine
whether a facility is a hotel or motel has been taken from the Florida Department of
Business and Professional Regulation Division of Hotels and Restaurants Master Listing
of Accounts prepared January 8, 200 I. The State determines whether a facility is a hotel,
which is classified as 02, or is a motel, which is classified as 03,
The first half of Table 4,1 compares the number of hotel facilities in the City of
Boynton Beach to those in all of Palm Beach County. Boynton Beach has approximately
76
Table 4.1- Comparison of hotels and hotel units
77
6,2 percent of all hotels in the County, compared to neighboring Delray Beach and Lake
Worth, each of which have 4.6 percent of all hotels in the County. The Ritz-Carlton in
Manalapan constitutes 1,5 percent of all hotels in Palm Beach, Similarly, Boynton Beach
has 4 hotels that constitute 36.4 percent of all hotels in the market region, compared to
27,3 percent each for Delray Beach and Lake Worth, which each have 3 of the 1 I hotels
in the market region. Manalapan' s hotel represents 9,1 percent of the hotels in the market
regIOn.
The data were then examined to compare hotels that had 100 rooms or more,
since that would be the very minimum number desired to support banquet or conference
facilities. These data show that Boynton Beach has 3 hotels with 100 or more rooms,
compared to the County that has a total of 43 hotels with 100 or more rooms, which
equates to Boynton Beach having 7 percent of all hotels with 100 or more rooms in Palm
Beach County, This compares to Delray Beach that has 4,7 percent of the hotels with an
excess of 100 rooms, Lake Worth and Manalapan each have only 2,3 percent of the
hotels with more than 100 rooms, Similarly, Boynton Beach has a greater percentage of
the market region's hotels with 100 rooms or more, The City has three such hotels which
represents almost 43 percent of the hotels in the market region. It should be noted,
however, that one of these is a Holiday Inn Express located proximate to Interstate 95,
Although the hotel does provide meeting rooms, it is of minimal size featuring only 100
rooms, and is not representative of typical conference resort hotels. A second hotel in
Boynton Beach is the Holiday Inn - Catalina on North Congress A venue, which has been
reported to Boynton Beach Planning staff as maintaining a high occupancy rate due to
flight crews from Palm Beach International Airport. As a result, the higher percentage of
78
hotels with greater than 100 rooms in Boynton Beach may be diminished because of
these tv.o unique circumstances. Further. a review of the number hotels with 100 rooms
or more in the regional market shows that each of the competing areas --- Delray Beach.
Lake Worth and ~vlanalapan u_ have one water oriented hotel facility with conference or
meeting room space. The City of Boynton Beach, hov,:ever, has no such facility,
The second portion of Table 4.1 examines the number of units available, rather
than the number of hotel facilities. Palm Beach County has a total of 10,063 hotel units.
The data in Table 4.1 show that Boynton Beach is competitive with Delray Beach.
Boynton Beach has 740 hotel units for 7.4 percent of all units in Palm Beach County.
while Delray Beach has 790 hotel units for a total of just under 8 percent of all units
countywide, Lake Worth has a total of 255 units and Manalapan 270 units, which is equal
to 2,5 percent and 2.7 percent of all hotel units in the County, respectively. Similarly,
Boynton Beach and Delray Beach are competitive with each other on a regional level.
with Boynton Beach maintaining 36 percent of all hotel units within the region, vvhile
Dclray Beach has 38.4 percent. Boynton Beach and Delray Beach each have slightly
more than 4 percent of the units countywide that are located in hotels that have 100 units
or more, as \vell as roughly the same percentage of similar units compared on a regional
basis. Once again, however, Boynton Beach has no units in a conference sized hotel with
a water orientation, while Delray Beach enjoys almost 41 percent of such units: Lake
Worth 16.7 percent of similar units; and, Manalapan more than 42 percent of the region's
units in conference sized hotel facilities. The hotel in Delray Beach \vith a water
orientation is the Marriott Delray Beach located on North Ocean Boulevard \vith 260
units. The similar hotel in Lake Worth is the Gulfstream Hotel located on the west side of
79
the Intracoastal Waterway. This hotel features only 106 rooms and is a minimal
conference hotel. It has a total of 2 meeting rooms that seat only 5 to 12 people, and a
total of 2 banquet rooms that accommodate a maximum of 50 to 100 people. The third
regional hotel is the Ritz-Carlton in Manalapan that has full meeting and conferencing
facilities, and features 270 rooms with a water orientation.
This analysis examined existing market conditions in the County, as well as in the
competitive market region as initially examined in the original CRA plan and expanded
to account for the newer development in Manalapan. The results indicate that there is still
a market niche for a conference-sized hotel with a water orientation within the City of
Boynton Beach. While the CRA plan suggested a hotel with 100 to 200 rooms, it is
recommended that the City of Boynton Beach consider a hotel that approaches or slightly
exceeds the upper end of this size to be competitive with the Marriott in Delray Beach
that has 260 rooms and the Ritz-Carlton in Manalapan that has 270 rooms.
According to the Palm Beach Property Appraiser's office, the Delray Beach hotel
is situated on approximately 4.5 acres, which equates to an estimated 754 square feet per
hotel room, The Manalapan resort site is approximately 6,8 acres including its extensive
pool, patio and deck areas, which equate to 1,097 square feet per hotel room. These data
indicate that the City of Boynton Beach should consider a redevelopment site for a hotel
that ranges between 3.5 acres and 5 acres to accommodate a convention type hotel that
has 200 rooms.
Retail Market Analysis
In addition to recommending a convention type hotel, the original CRA plan
suggested mixed uses to include retail and office, Specifically, the CRA plan suggested
80
an additional 50,000 square feet of retail, including restaurants, and an additional 20.000
to 30,000 square feet of office use. The Boynton Beach 20/20 Redevelopment Plan
provided similar recommendations with regard to uses, although it did not specify a target
square footage of additional uses.
In recommending additional non-residential uses in the downtovvl1 area, the CRA.
plan considered population distribution in the regional market that includes Boynton
Beach, Delray Beach and Lake Worth, as well as income and homeownership as al1
indicator of market stability. Since the CRA plan \vas prepared almost 17 years ago.
however, a reexamination of market projections is warranted. The Planning Division of
Palm Beach County completed a "Commercial Needs Assessment Rep0l1". revised
through December 1999, that examined office and retail demand projected in the year
20] 5. The study focused on portions of Palm Beach that are west of the subject stud)
area, but considered supply and demand for retail and office throughout all of Palm
Beach County. The Needs Assessment utilized smaller planning sectors that are used by
the Metropolitan Planning Organization (MPO). While the focus of the analysis was on
areas west of the Federal Highway Corridor, the Needs Assessment considered all or
Palm Beach County to take into account mobility, travel patterns and relationships
between the various smaller plalming sectors that were utilized.
The Federal Highway Corridor is not isolated within a singular smaller planning
sector. Further, issues such as future population distribution and mobility greatly affect
the demand and specific location for retail and office. As a result, the data contained in
the Needs Assessment study were examined at several different levels to determine future
supply and demand for office and retaiL
81
A reduced regional market area was considered, which extended from Interstate
95 east to the Atlantic Ocean, north to a line south of Forest Hill Boulevard, and south to
a line that is north of Clint Moore Road. This is a narrowly defined area that encompasses
MPO plarming sectors 43 and 53, and is referred to as the reduced regional market. The
second area that was examined included the first area, but extended more westerly to
Florida's Turnpike. This second area includes MPO planning sectors 42 and 43, which
are north of Boynton Beach Boulevard, as well as 52 and 53 that are roughly south of
Boynton Beach Boulevard. As a result, the core dO\VI1to\VI1 of Boynton Beach lies
approximately halfway between these northern and southern planning areas. Referred to
as the expanded regional market, this area takes into account personal mobility within the
general vicinity. The data for the third planning area that were considered included all of
Palm Beach County, which provides for regional mobility,
The supply and demand data for offices uses in the year 2015 for these three areas
was taken from the "Commercial Needs Assessment Report". This information is
summarized in Table 4.2, which is on the following page,
These data for the reduced regional market indicate that in the year 2015, there
will be a surplus of retail space totaling approximately 317,700 square feet. At the same
time, however, these data indicate that there will be a deficit of office space in this area
that totals more than 1,9 million square feet.
The retail demand that was calculated throughout the Needs Assessment analysis
is based upon population within a give sector. A predetermined square footage of retail
. per capita was used for neighborhood, community and regional retail facilities within a
given MPO planning sector to determine the amount of total square footage that would be
82
Table 4.2,-- Retail and Office Supply and Demand in the Reduced
RegIOnal ~1arket, :20 1 :"
Use
Supply
Demand
Difference
Total Retail
Total Office
7,427,470 sq. ft
3,545,999 sq. f1.
7.109,743 sq. ft.
5.534.773 sq. ft,
317.727 sq. ft.
(1,988,774) sq. ft.
Retail
Sector 43
Sector 53
Office
Sector 43
Sector 53
2,531,334 sq. ft.
4,896,136 sq. ft.
3,807,506 sq, ft.
3.302,237 sq. ft.
(1,276,172) sq. ft.
1,593.899 sq. f1.
883,133 sq. ft.
2,662,866 sq. f1.
2,960,181 sq. ft.
2,574,592 sq. ft.
(2,077.048) sq. f1.
88,274 sq, ft.
Note: Parenthetical numbers indicate future deficit or need for the stated use
Source: Palm Beach County. FL Planning Division, Commercial Needs Assessment
Report, revised December 1999,
needed. The projected population within a planning sector, therefore, determined the
amount of retail that the given sector could support. The methodology. however, docs not
take into account mobility and transportation routes, As a result. it would not be
appropriate to consider the data contained in Table 4.2 as a definitive analysis of need
within a specific sector.
Similarly, office space demand was calculated with a formula that also involved
planning sector population. The methodology utilized \\'as predicated on a predetermined
ratio of 253 employees for each 1,000 people. The sector population was. therefore.
divided by ] ,000 and then multiplied by 253 to determine the number of employees
within a sector. That result was then multiplied by 200 square feet of office, which is.
according the study, the amount of office space per employee in an average, nev,.'
suburban office, The resulting number was the estimate of the amount of square feet of
office space required for the population within a given sector. As with retail uses.
83
however, this methodology does not take into account Issues such as mobility and
transportation routes,
The second analysis of the data included a reVIew of the expanded regional
market This analysis assumes that there is the potential for mobility of population within
the larger region, but not necessarily throughout the entire county, Table 4.3 shows the
results of the supply and demand in the year 2015 in the expanded region.
Table 4.3,-- Retail and Office Supply and Demand in the Expanded
Regional Market, 2015
Use Supply Demand Difference
Total Retail 23,723,756 sq, ft. 29,009,181 sq, ft. (5,285,425) sq, ft,
Total Office 14,409,857 sq. ft. 22,751,140 sq. ft. (8,341,283) sq. ft.
Retail
Sector 42 8,115,938 sq. ft, 12,250,989 sq. ft, (4,135,051) sq. ft.
Sector 43 2,531,334 sq, ft, 3,807,506 sq. ft. (l ,276, 172) sq. ft.
Sector 52 8,180,348 sq. ft. 9,648,449 sq. ft, (1,468,101) sq. ft,
Sector 53 4,896,136 sq. ft. 3,302,237 sq. ft 1,593,899. sq. ft,
Office
Sector 42 6,285,127 sq. ft. 9,634,393 sq. ft, (3,349,266) sq, ft,
Sector 43 883,133 sq. ft. 2,960,181 sq. ft. (2,077,048) sq. ft.
Sector 52 4,578,731 sq, ft, 7,581,974 sq. ft. (3,003,243) sq, ft.
Sector 53 2,662,866 sq, ft. 2,574,592 sq, ft. 88,274 sq, ft.
Note: Parenthetical numbers indicate future deficit or need for the stated use
Source: Palm Beach County, FL, Planning Division, Commercial Needs Assessment
Report, revised December 1999.
The data in Table 4,3 examine the expanded regional market, and indicate a
deficit or need for both additional retail and office space in the year 2015, The data for
the expanded area indicates a need for almost 5,3 million square feet of additional retail
space, and more than 8.3 million square feet of office space,
84
In comparing the data contained in Table 4,2 and Table 4.3. it becomes apparent
that the difference in the projected deficit is a result of a projection of greater population,
h 'aring in mind that demand for both types of uses is predicated on the population within
a given MPO planning sector. The additional population is projected west of Interstate 95
and results in a very dramatic increase in both retail and office demand within the
expanded regional market. Note that these numbers do not take into account any increase
in population east of Interstate 95 that could occur as a result of redevelopment but not
anticipated at the time that the population projections were prepared.
The third area analyzed was the entire area of Palm Beach County. Overa]L the
Needs Assessment found that there would be a deficit of retail totaling approximately
] .35 million square feet in the year 2015, At the same time, however. the analysis
determined that there \vould be a surplus of office space of approximately ] 4.7 million
square feet. This gross number assumes, however. an ability and wil]ingness to traverse
all of Palm Beach County for both retail and office needs. This includes retail needs that
would otherwise be met on a reduced regional level. As a result, these data suggest that
there may be a need to examine the distribution of these non-residential uses, but they do
not necessarily suggest an adjustment to the square footage of either retail or office uses.
The Commercia] Needs Assessment merits consideration as an important too] for
analyzing the demand of non-residential land uses in Palm Beach in order to determine if
there will be a reasonable balance of competing land uses in the future, This can assist
county planners in assessing requests for land use amendments as well as determining if
the genera] distribution of land use designations will meet future needs. On a more area
specific basis, however, the study may not be the appropriate too] to determine the exact
85
square footage of retail and office uses, The analysis is a useful guide, however, in that it
provides an indication of need by region. Note that the report stated that other
considerations such as reduced density in the far west and a movement toward infill
development in the east will play an important role in determining where non-residential
uses will ultimately locate.
In summary, the expanded regional analysis of market demand for retail and
office space in the year 2015 appears to be the most balanced approach to determining
future need, This approach allows for some mobility of population but does not make an
assumption that the entire population will traverse the County. In effect, examining the
expanded regional market assumes that individuals will travel some distance outside of
their immediate community, but not necessarily travel long distances for retail and
employment on a regular basis.
The result of the data analysis for future retail and office demand indicates that
the population growth and employment in the general region of the core downtown area
of Boynton Beach will support additional retail and office uses in the dovvTItown area.
While the data from the Needs Assessment analysis indicates a definitive square footage
of retail and office uses, it is recommended that these numbers be viewed as indicators of
deficit or surplus and not be relied upon as a definitive area of development because of
variables that cannot be expressly quantified, These would include, for example,
variations in population grO\vth and population mobility. Nevertheless, the Needs
Assessment analysis shows that a demand for commercial and office will exist The exact
square footage of commercial and office space that is constructed will be determined by
land availability and market demand.
86
;;ECTION V!
ISSUES AND OPPORTUNITIES:
REDEVELOPMENT STRATEGIES
General Description
Current development patterns and land uses within the entire Federal Highway
Corridor present challenges and opportunities for development and redevelopment that
provide the framework for an overall approach to redevelopment strategies. The original
CRA plan adopted in 1984 and the Boynton Beach 20/20 Redevelopment Plan that was
finalized in ] 998 both identified the Central Business District which is planning Area I II,
as the primary focus of activity, although each of those plans recommended somewhat
differing approaches to development or redevelopment.
Existing and planned development, and current or recently completed
improvements in Area 1JI continue to emphasize the importance of this planning area as
the focus of activity, with the four remaining planning areas ser\ing to creatc a functional
and orderly hierarchy of development that w ill enhance thc success of the core
downtovm. Broadly, Areas II and IV, which are contiguous to the north and south edges
of the downtown, respectively, are the gateways to dcwntowIl. These planning arcas
should contain mixed use residential and non-residential developments of lesser intensity
than the downtovm, with commercial uses that serve the surrounding neighborhoods.
Areas I and V, which are the northernmost and southernmost areas, are the entrances to
the City of Boynton Beach. These areas should invite residential uses at intensities that
will provide additional population base to assist in sustaining the Central Business
g7
Formatted
Formatted:
District. Land uses, development intensities and standards should emphasize this gradual
Jransition into thecoredo\Vntown.
. To undertake this approach to development and redevelopment within the Federal
Highway Corridor Community Redevelopment Area, the issues and opportunities
identified through the analysis of existing conditions are evaluated to fonnulate general
redevelopment strategies. Because Area III is the focal point within the Federal Highway
Corridor, it will be addressed first, followed by consideration of Areas II and IV that
flank the downtown, and then by the outer edges of the Corridor that are defined by Area
I and Area V.
Nunc (lLthe J1IIQI:h;;tEdiesj(J[ thc p]9nIlinE aJ:eilSnli.1dcany ('on;;idc;rationf(Jr
historical resources. While the City of Bovnton Beach has relativelv few historic
structures. cumQared to other coastal communities in Palm Bcach CowltV. nevertheless,
tile ones remainin12 are a pan of the fabric of the City. In] 9C)3 the City conducted a
survev of those structures that were possibly eligible for recognition, either at the
NClt i()naLS 1~{1 GQrJoc(jI...l c:y (J" 5 incG Iha L ~t.uQY ,\\'<15,.. COT]cJuctCQ,.. L1_Il[JJ11..bcr ()j ',1 h ~'seIJavc
been eilher destroyed to make way for redevelopment or Jlave been altered to [he point
that they no longer have an" significance as historical reSOW"Cl?S. The few remaining of
these structures should be allowed to remain, either "s their intended uses or 3Q;mtivili
reused ilS a pan urthe redevelopment plans.
The Downtown: Area III
Both the original CRA Plan and the 20/20 Redevelopment Plan provide elements
that merit consideration and implementation in one, unified approach. Both plans called
for a mixed use project to be located within the downtown redevelopment area, Similarly,
88
1 Deleted:
both plans recogIllzed the need for such development to provIde a node of activity in the
downtown; the importance of a pedestrian onentatlOn; and, the nnportance of adequate
public .parking. The 1984 eRA Plan also identified an opportunity to capture a share of
the tourism market by providing for a convention style hotel.
The water orientation of the downtown provides a ulllque opportunity for
pedestrian oriented, mixed use activity that could include residential uses as well as
destination office, retail and restaurants. The downtown is not only privileged to have the
Intracoastal Waterway on its east, but also to have the unique 500 block on Ocean
Avenue on the west side of Federal Highway, as well as potentia] points of
redevelopment and, hence, pedestrian interest, immediately to the west of the geographic
limits of the Corridor. At the same time however, Federal Highway that forms the spine
of the Corridor is an arterial roadway that has the main purpose of moving vehicular
traffIc north and south: not catering to pedestrian traffic moving east and west. Because
of these issues and opportunities, redevelopment approaches within Area III should focus
on several key elements to ensure success. OveralL these will establish a compactness
and critical mass of development and population to establish the downtown as a
destination area, and to ensure its success and long term viability. The general goal in
Area III is to create a pedestrian oriented destmation. These following strategies will
assist in achieving this broad goal:
D Establish a focal point. Attract a stabilizing focus of development, such as the
convention style hotel recommended in the 1984 CRA Plan, to locate east of Federal
Highway to take advantage of the water orientation. The analysis indicates that there
is a market opportunity for this use. The hotel will provide a focal node of activity;
an initial residential component to establish a population in the downtown; and, an
injection of economic activity for the CRA.
X9
o Encourage mixed use development. Continue to promote and encourage the mixed
use, marine oriented project to be located north of Ocean A venue proximate to the
Intracoastal Waterway. The mixed use project, similar to a hotel, will provide
pedestrian activity in the downtown area and contribute toward a vibrant
atmosphere. Additionally, encourage residential components in development
projects to build a population base in the downtown.
o Create a destination atmosphere. Pennitted uses should be only those that are
destination types of uses, and not those that typically rely upon the capture of drive-
by traffic. Destination types of uses include, for example, personal services,
specialty retail, offices, full service restaurants and residential uses. Conversely,
vehicular oriented uses include, by way of example, vehicular related uses, fast food
restaurants and "drive-thru" facilities.
o Require urban form. Create development standards in the downtown that require
intensity, bulk and building massing to establish the downtown area as a focal point.
Building height at heights greater than that allowed in the surrounding areas should
be encouraged.
o Encourage public activity in all of downtown, Provide public parking in a
centralized area within the downtown. It is very important that the parking is located
on the west side of Federal Highway to allow pedestrians the opportunity to explore
points of interest west of the parking, as well as to cross Federal Highway to explore
areas of activity on the east side proximate to the ICW. Because Federal Highway
serves as a physical and psychological barrier, pedestrians that initiate their visit to
downtown by parking on the east side of the highway will not cross it to explore
areas of interest to the west.
o Define pedestrian spaces. Require reduced building setbacks to better define
pedestrian spaces. Specifically, parking lots located between the use and the public
rights of way should be discouraged or prohibited.
o Create a safe pedestrian environment. Require development that fronts along
Federal Highway to be designed in a manner that discourages mid-block crossings
by pedestrians, and emphasizes the comers as important nodes of activity.
o Establish an aesthetically pleasing identity. Create an aesthetic identity for the
downtown through the development, use and rhythmic placement of public street
furnishings, lighting, and other types of enrichments, as well as creation and
implementation of development design criteria that address architecture, colors and
signage in addition to general development standards.
90
The Gatewavs to Downtown: Areas II anciLY
These tv,o plmming areas are thc front doors to the downtown core area~ the
gateway neighborhoods. As such, they wtll serve two broad functions First, their
appear?nce must convey their important role as gateways to downtown. Currently,
however, many of the existing uses, and the appearance and placement of development
features do not create the desired appearance of gateway neighborhoods. Additionally,
many of the existing types of commercial uses do not promote a sense of neighborhood
Rather, they cater to drive-by traffic on federal Highway. Second. these planning areas
must provide sufficient housing opportunities to build the critical mass of population
necessary for a successful downtown area. The general goal is to create identifiable
communities that provide the gateways to downtown. As a result. the following strategies
to accomplish this are as follows:
o Establish a sense of community. Provide for mixed use development that is
predominantly residential, with non-residential components that serve the
immediate community. Non-residential uses should be neighborhood serving in
nature, as opposed to those uses that are heavy commercial uses, those that are
automobile oriented, or those that are generally not considered to be neighborhood
oriented.
o Protect community character. Establish standards to protect the character of the
residential community that could be affected by the development of multiple,
similar types of non-residential uses. This will encourage a diversity of
nonresidential, neighborhood-serving establishments
o Require a transition to the downtown urban form. Create development standards
in the gateway communities that establish a logical transition to the downtown.
Building scale, massing and placement should be less intense than that of the central
business district, but greater than surrounding areas
:J Provide for a variety of adequate housing. Establish intensity standards that allow
for a variety of housing styles and types at intensities that will assist in supporting
the downtown area and general economic expansion.
II Require compatibility between uses. Create development standards that provide
for adequate setbacks and buffering between residential and non-residential uses to
protect the residential neighborhoods.
:J Enhance the visual appearance of the community Ensure that uses or land
development regulations provide adequate safeguards to protect the visual
appearance of the comm unity.
91
The Entrances to the City: Planning Areas I and V
Planning Areas I and V have the pivotal role of being the entrances to the City of
Boynton Beach. As such, it is important that these two planning areas provide an
aesthetically pleasing appearance; a good first impression. Additionally, while Areas I
and V contain commercial uses, the impression is one of residential character. The
overall goal, therefore, for these two planning areas is to provide a strong residential base
that is aesthetically inviting, Many of the strategies for these two areas are similar to
those of adjacent planning areas, with a notable exception concerning a lesser intensity of
use. The following strategies will further the overall redevelopment goal:
o Encourage a variety of housing. Develop intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the
downtown area and general economic expansion.
o Protect community character. Establish standards to protect the character of the
residential community that could be affected by the development of multiple,
similar types of uses. This will encourage a diversity of nonresidential, uses.
Additionally, non-residential uses should be community serving in nature, as
opposed to those uses that are heavy commercial uses, those that are automobile
oriented, or those that are generally not considered to be neighborhood oriented.
o Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city entrance communities that establish a logical
transition to the gateway communities. Building scale, massing and placement
should be less intense than that of the adjacent planning areas, but substantial
enough to announce an arrival in the City.
o Require compatibility between uses. Create development standards that provide
for adequate setbacks and buffering between residential and non-residential uses to
protect the residential neighborhoods,
o Enhance the visual appearance of the community Ensure that uses or land
development regulations provide adequate safeguards to protect the visual
appearance of the community,
92
In addition to these strategies that arc specific to the defined planning areas, the
following strategies are recommended for the entire Federal lIigh\\ay Corridor
Community Redevelopment Area
o Provide consistency between existing uses and the zoning and land use map.
There are instances within the planning areas where zoning is not consistent with
land use, or where existing uses are not consistent with zoning requirements
Regulations should be created and implemented to provide confonnity.
o Emphasize major activit), nodes, Nodes of activity or transitions to other
neighborhoods, such as the major signalized intersections, should be emphasized
through mechanisms such as bui Iding placement, orientation and architectural
features.
o Improve visual appearance with coordinated signage, Signs throughout the entire
corridor lack aesthetic appeal and continuity of style. Regulations can address these
Issues.
o Consider a public presence. The entire Federal Highway Corridor is devoid of any
public presence. Establishing a public building such as a library, fire station or
similar use could contribute to community stability by providing a landmark or
focus.
::-:L_.Rccoj!uizc historical resources. The few remaining. historical ,tructures \..ithin the-
plallnil}g3rea ~houhljJ~ 0 ffered_-"-.Jl1 easu r~~S'.L12rotectjo~n,~.nJZeQu lati OI1S~ should
rccm;nizc--1.Uil1....Ql.allLQl these QuiJdiI1E.s~~Jl...nli\"'el~_J() meet devcL2Q1llcnl
standards and alhm thclr cunlinLlalioll. clther ilS Iheir intcndcd Lise or <IJilplL'd (\)f
Il.~ll. llses..
93
. Formatted: Font: Bold
Formatted: Bullets and Numbenn9
Formatted: Font: Bold
SECTION VI!
REDEVELOPMENT PROGRAMS AND PROJECTS
The programs and projects listed below will implement the redevelopment
strategies discussed in Section VI. These programs and projects should be implemented
to eliminate or decrease the blighting influences found in the Federal Highway Corridor
Redevelopment Area, as well as enhance the corridor's long term viability.
Comprehensive Plan Amendments
Recommendation 1: Amend the Comprehensive Plan text to create two
subcategories of land use within the land use plan designation of Mixed Use, amending
the current language as appropriate. The first category should be a Mixed Use-High (MU-
H) and the other a Mixed Use-Low (MU-L). The MU-H would apply to the core
downtown area, which is Planning Area JlI. The MU-L would apply to the gateway
communities, which are Planning Areas JI and IV. The MU-L designation would be less
intense than the MU-H, with an emphasis on residential with neighborhood serving retaiL
Purpose: This will establish the requisite legal basis for land use plan and code
amendments.
Recommendation 2: Amend the Future Land Use Plan Map to redesignate the
downtown, Area III, as Mixed Use-High, and to redesignate the gateway communities,
Areas JI and IV, as Mixed Use-Low.
Purpose: This will establish the desired hierarchy of land uses leading into the
downtown area.
82
~n___J{ cc (~!.n In cmtl t i 0 fl..l_,\Hl.clFL.rbc_L.llilil' ]~ilLl,"
(()nfCJTllIirlgm slngl" l(lTnil)lll:i~hbllrI100ds Cl,t of Fl',kl~ll I!
In trjl.<-:-.9:jsta I \\'i~~_\'-(\.: jiQpltb_cJ\JI\.(d Lse Il~JlclJJst:.cCl.r.l'gl\I-',
'purpose: This\\ollld pruvicll: sOllle Illl:asurc of aSSUlal)~_l\uJ.lum~2~~_'2-IIJl.CI'S
ilj 1 . <\ lI.(;l}lJl\cC'_ C\ l:it 111.':.
.]~\ ~ pro.\. j l}L_.ltc
lhe
lhat these areas willllot bl:_L'asilvcollven"d t~) mi.\e.Q_ys~cjll(l)J]JII~nJ..:-
New Development Standards
Recommendation -t Create development standards for the MU-H districL
Specifically consider eliminating restrictions on density, but maintaining control of the
visual appearance of developmenL Creative, well planned development will be able to
provide additional residential units that will contribute positively to a vibrant and
successful downtown while meeting height limitations imposed by the City.
According to the current provisions in the zoning code, height is restricted
throughout Boynton Beach to 45 feet with a maximum Central Business District density
of 40 units per acre and a conditional maximum height of 100 feel. Because of the very
compact area of the downtown in combination with the desire to make the downtown a
clear focal point in the community, this intensity of development is not sufficient to
achieve the desired goals for downtO\vn develorment and redevelopmenL
As a result. the City should not include a density maximum in the future MU-]-J,
which is the recommended designation for Area lll, and increase the maximum height in
Area 111 from ] 00 feet to 150 feel. This will create a more prominent visual focal point
and establish the desirable level of activity in the downtown area. Additional]y, consider
83
Formatted: Font. Boid
Deleted: J;
eliminating the following uses that may otherwise be permitted or conditionally permitted
in the current CBO zoning category:
o Auction houses
o Bus terminals
o Drive-thru facilities
o Funeral homes
o Motels (not hotels)
o Outdoor storage or display
o Private parking garages (allow public parking garages)
o Yehicle related uses, such as: gas stations; auto parts, storage, rental, display, repair
facilities; detailing or car washes
Consider allowing the following that are otherwise conditionally permitted or not
addressed in the current CBD zoning category:
I 0
Allow multi-family residential uses as a permitted rather than conditional use if the-
91tire first floor is dedicated to commercial, retail or office uses
o Specifically encourage tourist oriented uses that have a water orientation
Purpose: This will encourage development and redevelopment that is pedestrian
and not automobile oriented, as well provide an attractive development environment for a
conference style hotel.
_~otc:_.frorosed areas rorJhc MU-II and f'vJU-L Zlming_dislrich arc SbOI.\l1 on
Milp21
Recommendation ~5~ Create development standards for the MU-L district.
Specifically, as with the MU-H district, consider eliminating restrictions on density, but
maintaining control of the visual appearance of development through height limitations.
Increase the maximum height in these two areas only to 75 feet and eliminate density
requirements. This height is half of that which is recommended for the downtown area
84
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I
Legend
Proposed Zoning - R.3
- MU.HIGH D R.'
- MU.LDW3 D R-1A
- MU-LDW2 [=:J R.1AA
[:=J MU.lDW1 L.--l REC
j
MALLARD 0
~
"')
1 ,500
750
o
1 ,500 Feet
and will provide an appropriate transition from the gateway communities to the central
business area,
. In addition, consider eliminating the following types of vehicle oriented, non-
neighborhood serving uses that may be otherwise permined in the current gateway
neighborhoods:
o Adult entertainment establishments
o Auction houses
o Bus tenninals
o Lumber yards and building material stores, including sales to contractors
o Rooming and boarding houses
o Sale of ammunition and firearms
::J Taxicab parking
o Trade or business labor pools
o Outdoor storage and display
o Vehicle and boat service related uses, such as:.; auto parts, storage, rental, display,,;.
detailing or .vehicle washes
::J Wholesaling
Consider allowing regulations that provide for the followinggs.c()I1dili()TlaLus~s:
o Grocery or food stores sized between 15,000 square feet and .80.000 square feet
o Drive-thru facilities.
;,J___Gas stations aIld 3utQ.Jepair ~lS that meet established loeational and design
criteria
Purpose: This will establish an aesthetically pleasing, logical transition into the
downtown area; provide for neighborhood serving uses rather than those that are transient
or vehicle oriented; and, .l2rovide additional population to support the downtown,
85
r------~---~--___~__
tDe.leted: gas slauons
Deleted:
\.
facilItIes
. Deleted:
-~-~~--~----
Deleted: 30,000
i Deleted: only as a conditional us.
"
" Formatted: Bullets and Numbering
~ Deleted: p
r)[lJQ(1?<:cJ~ilJSil,S j'<J[ the: tv11 ~iLili1,(Lr>..JL' ~LlurllrlR dIstricts ar:(;~sh(J"lL e)l]
\:Llp 7 I,
. }{ecommendation;;: Provide for appropriate locations uf houses of worship,
schools and similar institutions to ensure that they have a balanced distribution
throughout the community.
Purpose: Such regulations will ensure a balance of these community serVll1g land
uses throughout the City.
Recommendation .6: Protect residential neighborhoods It has been generally
recognized that there are some uses which. because of their very nature, are identified as
having serious objectionable characteristics Specifically, there are studies that exist that
demonstrate that adult uses result in an adverse secondary effect on adjacent properties
Further, it is recognized that local governments have powers to regulate establishments
that serve alcoholic beverages. As a result, the City should consider developing
regulations for the placement of facilities that serve alcoholic beverages, particularly
adult entertainment facilities that serve alcohol because the deleterious effect on
surrounding arcas that have already been declared to be in a blighted condition Distance
separations between land that is land use planned or zoned to allow rcsidential uses and
facilities that provide for the sales of alcohol should be established m the range of 750
feet to 1,500 feet, consistent with rcquirements in other municipalities. The ability of
adult facilities that serve alcohol that do not meet the distance separation requirement
should be amortized,
Recommendation 7: Develop signage standards that address in detail issues such
as sign height; width; style; lettering; color; placement; landscaping; and, content Definc
86
, Deleted: Recommendation ~:
new zomng dlStnCt~ for the R 1 /"
Rl..'\A communltn:s ea.'-l (\1' Fede:'
I-Ilgh.....ay, IHOXIJ!\att' !l the llilrdL<'
\Valerv.'3Y t}J<J1 '.\oLdd ;1])(\", fu!
ledn elopment (if Int~ \\ Ilh pt"d:C! ,
(overage and reduced t:lnl'~ljt' ;' lei !T,l;
yards
, Deleted: I'urpo~e: ';hls \\ ould
encouragt: redevt:lup!l1Clll r,f \.\-(iter
criented lots Wllh !L'~JdentiJ.1 url:[,~ th;]'
would provIde <l subs:al1llalincre:hl' I" (\(1
\a]orcm re\cnues
Deleted: ~
lQI11!!&.,C cd e _~~J}lc~l_Qjn en.I5~
Deleted:
, Deleted: 1
. Deleted: ~
sIgn age, including a definition concernmg advertising on commercial vehicles and
prohibition of parking such vehicles in a manner that constitutes signage proximate to the
right of way. Require new signs or substantial repairs to existing signs to comply with the
regulations,
Purpose: Detailed sign regulations will greatly enhance the appearance of the
corridor.
87
Design Critena
Recommendation -I-~: Develop a desIgn program for structures, sigTlage and street
furniture, that includes the implementation of a color palate and architectural themes in
the context of the downtown and gateway communities.
Purpose: The program will create a sense of identity and visual appeal for the
redevelopment area
Recommendation..9: Create land development regulations for Areas II, 1]1 and IV
that address building placement, parking, parking location, mixed uses, and pedestrian
chanalization, Incorporate the following guidelines
o Landscape programs and standards should be developed
o Parking for uses should not be located contiguous to Federal Highway
o Shared parking standards should be reviewed
w Standards for payment in lieu of providing parking should be developed for Area III
o Buildings on Federal Highway should have the appearance of multi-story structures
o Incentives should be provided for developing mixed use projects
o Pedestrian unloading or drop-off areas should be considered as a requirement
D Standards to identify nodes of activity, such as signalized intersections, should be
developed within the corridor
o .structures should be designed to discourage mid-block crossings on Federal
Highway by providing pedestrian access at the corners of intersections
..J S tan d a rd s s h LJ lJ I d be..lL~~i.l1l~tJ'L a i I () V'-..iLli.D.l i te d ....I1Lll2lb_eL'2LJtlJ!i~ I]..I..o..Q.lle_r~l~t~~j'
use~..l!~as gas statwllS amljlLt19 rel1alLs,_1Q..lQ(.:(1Le..il1_1h(".[1IaDnjllb.a~~a~..~'ilb <1
lessened Impact on the corridor while ployiclinlC essential services tl) the reSidents
Purpose: Development standards will create a sense of place, reduce the blighted
appearance, and enhance the aesthetic appeal of the Federal Highway Corriclor.
88
Deleted: 2
. Deleted:!Q
Deleted: ~
Formatted: Bul:ets and NumtJerlno
Specific Proiects to Implement Redevelopment
Project] - Convention Hotel: Assemble a three to five acre size parcel of land
in the .downtown, which is Area III, and market it for a convention style hotel. The
market analysis contained in Section IV of this study indicates that there is a market
niche in Boynton Beach for a water oriented convention type hotel recommended in the
1984 CRA plan,
While acquisition of land for use as a hotel site may eliminate some of the retail
uses from the tax base, the net result would be a significant increase in the tax base, The
increase would result from new construction designed for better utilization of land, For
example, in the year 2000, the Lake Worth water oriented hotel, which is of minimal
convention size, had a taxable value of more than $2,5 million that resulted in ad valorem
revenues of $69,6 thousand, Similarly, the Delray hotel property had a total taxable value
of more than $] 9,9 million for total ad valorem revenues of almost $524.8 thousand,
while the Manalapan property was valued at $64.4 million for a total of $].22 million in
ad valorem revenues,
Project 2 - Public Parking: Assemble property in the downtown area, which is
Area Ill, on the west side of Federal Highway for use as surface parking. As demand
increases, the property could be developed as a parking garage to serve the downtown
area, The garage could contain mixed uses at grade level and on upper stories to enhance
activity in the downtown,
Project 3 - City Entrance Signage: Clearly mark the arrival and departure
points to the City of Federal Highway by installing visible, attractive signs at the
appropriate locations, Remove any existing signs that are no longer at the entrance to the
89
city due to 1ll1mlcipal expansion Consider Identifying the downtO\vn and gatewa:
communities as welL
.Project 4 - Establish a Public Presence: All planning areas except planning
Area II have some type of public presence, Estahlish a highly visihle public use in Area
II. A library, fire station or police substation would be an ideal use in this area to provide
service to the northern portion of the city Location on the west side of Federal Highway
would be preferable for fire or police facdities to reduce noise impacts on adjacent
residential uses, If a public facility is located on the west side, the CRA should work with
the Department of Transportation to obtain a median opening for emergency vehicles
Project 5 - Address Outdoor Storage: Outdoor storage and display presents
visual blight at both the south end of the corridor and in Area II. At the south end of the
corridor, where outdoor display IS located largely in the unincorporated areas of Palm
Beach County, The City should initiate efforts to work with Palm Beach to discontinue
this practice. In the remaining areas that are within the City of Boynton Beach. the City
should amortize out the outdoor storage and display within the Federal Highway
Corridor.
Project 6 - Provide Pedestrian Crossings: At major nodes of activity such as
signalized intersections, implement a program for unique materials and designs for
pedestrian crossings, In addition, work with the Department of Transportation to "bulb
out" the sidewalks at these intersections. This Will afford pedestrians slightly more non-
vehicular area, and tends to have the effect of slowing traffic somewhat because of the
visual perception of small travel lanes,
90
SECTION VIII
NEIGHBORHOOD IMPACTS
OF REDEVELOPMENT ACTIVITIES
The redevelopment area contains a number of residential units. The following section
describes the potential impacts of redevelopment efforts on the residential neighborhoods of
the redevelopment area and surrounding areas. While the potential impacts of the
recommended programs and projects have been identified, it is possible that impacts resulting
from implementation of redevelopment actions may be undetermined. As a result, the
potential neighborhood impacts of site specific projects will be evaluated as each is presented
for consideration by the Community Redevelopment Agency. Development reg:ulations for
the Mixed Use zoning districts are written to protect existing conforming: single family
residential areas; however, two established single family neighborhood exist within Planning
Area II that have a Mixed Use land use designation and are zoned for single family residential
develo men!. While these nei hborhoods are not considered to be non-conformin residents
of these areas have some misgivings about the possible conversion of their property, and have
re uested the land use desi nation be amended to a Low Densi Residential desi nation. In
order to assuage their fears, the City should move forward with this request. In addition to
residents needin to be evacuated in a ma' or storm event. since all of these ro erties are
located in the Hurricane Evacuation Zone. It will also make it more difficult for the land to be
considered for a higher density land use designation in the future.
90
Traffic Circulation
The redevelopment area contains an existing roadv,ay network that services the entire
area, with Federal Highv,.:ay serving as the main transportation m1ery of the corridor. Because
Federal Highway serves the surrounding neighborhoods and major redevelopment is
anticipated to occur proximate to it, redevelopment activities arc not anticipated to effect
traffic circulation within the residential areas,
The major effects of redevelopment efforts on the existing roadway system \\'ill occur
through efforts to revitalize and redevelop the core downtown area; Planning Area III. The
development and redevelopment of a compact downtovv11 core should have a positive effect
hy encouraging alternate means of transportation. particularly where employment.
entertainment and housing are \vithin walking distance of each other. A recommended
component of redevelopment in Area III, along with the gateway communities of Area II and
IV, is sufficient housing to support the dO\VTIto\vn, This will afford residents the opportunity
to walk or utilize alternative modes of transportation for work, shopping or dining,
Although implementation of individual redevelopment projects may reqUire
improvements or modifications to the existing roadway network. these localized impacts will
be reviewed when specific project design is undertaken, Architectural design should
minimize pedestrian and vehicular conflicts, while signage programs and design guidelines
will enhance the general appearance of the corridor.
Community Facilities and Services
Redevelopment activity within the Federal Highway corridor redevelopment area is
expected to have a positive impact on community facilities and services, In 2005. the City's
Fire/Rescue Station 4 was constructed on Federal Highwav iust south of SE 18th A venue.
91
serVing.
Effect on School Population
There are no existing public schools within the redevelopment area. There Ufe
ho'.vever, a number of schools located proximate to the redevelopment area that accommodate
residents of school age. Table 7.1 sho'.'.'s the design capacity of permanent structures for these
schools and the 2000 2001 student enrollment. The redevelopment area lies within two of
the Palm Beach County School District's Concurrency Service Areas (CSA); 17 and 19.
These service areas are used in assessing public school concurrency. Table 7.1 shows the
design capacity for all schools by type compared to 2004/2005 fiscal year and proiected
percentage of utilization oyer the ensuing six years for each of the two CSAs.
92
_______Table 7.1. -- School_~apacity and Enrollment, 2005-2010/2011
C . I __+ Projected Percenta e of Utilization
I All Fa~ilitics by I FISH ,2004/2005 I 200512006 i 2006f2007 i 2007/2008 2008f200'} i 200,}/20JO ! 2oJ(J!2li'ii"
School Types i Capacity .! :"
ICSA 17 -- ... i------+-'--:---r--1 -t--
I High ~ 7,513 I 8704 90%) 1
I Middle 1--- 3,582 95% i 96%;
ElementalJ' +-- 9,127, 86% 1_~7% ~_
. CSA 19_._--L __~_
Hi h i No Hi h School Facilities in CSA
Middle . 3,085: 76% i 67%, 78% 80%: 87% 91 %L-j40~~~
Elementary 1--4,014 I 74% I 740~--'770It) 81 % i 80%j_~ % 1_~~'Yo
Sourl:c: School District of Palm Beach County 2006-2010 Five Year Plan and Capital
Budget, July 1,2005,
I 1090/0 W 13%
97% I 105% 106%
.-----
90% i 90% 95% 98% 102%
88% I 90% 88% 91% 92%
~-"--'-'--~-----'-- -----.
I
__.__~_..J._
---~,---_.__._--.-
CS,\
Design Capacity
Enro llmeffi
Forest Park Elementary
Galaxy Elementary
Poinciana Elementary
Rolling Green Elementary
Congress Middle
.^.tlantic High
619
652
9"1"1
~L
-MG
710
688
860
],388
2.8/15
602
] ,311
1.717
Note: Poinciana Elementary is a magnet school
Source: Palm Beach Count)' School District Plan...'1ing & Real Estate Division
,\s these data indicate, school overcrowding i~~ pre\'alent at virtually all standard publil:
schools that serve the redevelopment area, just as it is throughout South Florida, One of the
recommended components of this redevelopment plan includes the provision of additional
housing units to strengthen the viability of the core dovvTItovm area, The additional housing
units anticipated, however, will likely be apartment units located proximate to the downto\\11.
Because of the unit style and location, it is likely that the resident population of these units
will be predominantly single or two person households. As a result, the impact on the schoo]
population should be minimal. The effects of specific redevelopment projects with a
93
residential component that creates a net increase in housing should be are reviewed by the
School District considered on an individual basis as they are proposed.
Relocation Impacts
As a result of redevelopment activities, a relative few relocation activities are
anticipated to occur. It is not the intent of this redevelopment plan for the eRA to undertake
activities that would cause large scale dislocation of existing residents. Rather, it is
anticipated that residential redevelopment projects undertaken by the private sector may
initially result in the need for relocation on a temporary basis, but will ultimately result in
additional housing units available in the redevelopment area.
Environmental Quality
The redevelopment programs and projects suggested by this plan are intended to
improve the overall environmental quality. The architectural guidelines, improved signage
and zoning changes for will have a positive impact on surrounding residential areas.
94
SEClIOl\ V-Hi IX
GOALS, OBJECTIVES AND POLlCIES
The underlying concept behind the goals and objectives contained in the original
Community Redevelopment Plan for the downtown core are still applicable, \Iith minor
revisions to address changing circumstances, The concept of those goals and objectives are
included within this section, Additional goals, objectives and policies have been added to
address the entire Federal Highway corridor.
GOAL 1: The Community Redevelopment Agency will undertake programs and projects to
establish a unique identity for the Federal Highway Corridor Redevelopment Area,
Objective 1.1: Community planning areas shall be identifiable
Policy] ,I A: Develop a coordinated signage program that effectively identifies the entrances
to each of the planning communities,
Policy 1,18: Develop a strategy to promote these community planning areas to citizens and
the general public.
Policy 1. lC: Ensure that each planning community has a public rresence
Policy 1,1 D: Utilize the waterfront orientation as a unique feature Il1 the redevelopment of the
downtown.
Policy 1,1 E: Create an environment that encourages a variety of full time activity in the
downtown.
Objective 1.2: Community planning areas shall fonn a hierarchy that lead to the core
downtown,
Policy 1,2A: Create zoning and land development regulations that allow for the greatest
building height and diversity of mixed uses in the downtown.
Policy 1,28: Create zoning and land development regulations for communities adjacent to the
downtown that allow for a height and mix of uses that provides a transition into the downtown
106
Formatted
Deleted: \.
<
Policy] ,2C: Maintain existing height regulations for the two planning communities that are
the entrances to the city,
Objective 1.3: Community planning areas shall include a balance of sustainable, functional
land uses,
Policy J,3A: Land uses within the downtown area shall be mixed uses that include residential,
destination commercial, retail and restaurants as well <IS uses with a marine orientation,
Policy J.3B: Permitted land uses within the downtown area shall be destination uses and not
those with a vehicular orientation,
Policy 1.3C: Land development regulations for the downtown community shall discourage
single user commercial uses with front field parking,
Policy 1.3D: Land uses within the communities that form the gateways to downtown shall
,illlow..mixed uses that include residential and neighborhood serving retail.
Policy J ,3E: Within the communities that form the gateways to downtown, general
commercial uses that have a vehicle orientation shall be discouraged,
Policy 1.3F: A range of residential styles and intensities shall be encouraged within the
communities that form the gateways to downtown.
Policy J,3G: A range of residential styles and intensities shall be encouraged within the
communities that are the entrances to the city,
Policy J,3H: Land development regulations shall address buffering and setbacks between
residential uses and non-residential uses to protect the community,
Pulic\, ),31. COnlinuinl! use elf <ldaptivc rellSl~ of identified historical structures shall be
encouraged,
.
GOAL 2: The Community Redevelopment Agency shall foster economIc growth and
redevelopment within the Redevelopment Area,
Objective 2.1: Provide incentives for development and redevelopment.
Policy 2,1A: Land use plan designations to allow for mixed use development, as
recommended by the redevelopment plan, shall be initiated by the CRA,
Policy 2,1 B: Land development regulations shall provide alternatives to parking requirements
in the downtown area.
107
tDe1eted: be ~____==!
II Deleted: ~
~
i~~eted:_..__.__.._
I Policy 2.1,L: The Community Redevelopment Agency shall pursue the construction of
specified rede\elopment projects within the downtown area. lts role in the projects shall be
one of active participation and may Il1cludc, hut not necessarily he limited to, property
acquisiti'on. building demolition, provISion (If parking facilities and infrastructure
improvements.
Objective 2.2: Maximize economic value (If development and redevelopment
Policy 2.2A: Development and redevelopment projects that provide for increased employment
opportunities for residents shall be encouraged.
Policy 228: When possible, CRA funding for projects shall be structured to encourage
in\'estment in redevelopment and rehabilitation. in either the same project or adJacent areas.
Policy 2,3C: The Community Redevelopment Agency shall initiate programs and projects that
focus on business development and act as catalysts to leverage additional investmcnt by
private enterprise,
Objective 2.3: Encourage public activity in the downtown community
Policy 2.3A The Community Redevelopment Agency shall develop 3 program to market the
downtown,
Policy 2.38: The CRA shall develop a strategy to provide for regularly scheduled special
events in the downtown area
GOAL 3: The Community Redevelopment Agency will pursue activities and projects that
wil! create an aesthetically pleasing environment
Objective 3.1: Provide for appropriate land uses in the Federal Highway Corridor.
Policy 3,]A: Uses that have a vehicular orientation shall not be permitted in the downtown
comm un it): i2as stal i om and 31llQ..J81..ilDShuI.l5__:01i!Il_Qnl.!_lLc....J:2(;rm i.t \lJJ-,I~clJnsLi.1itmal lISc),Jn
the communities that are the gateways to the downtown_pn.,villDL.thcl....!llect !ocati0l1al and
des ign criteria
Policy 3.18: Adult entertainment and similar thoroughfare uses, such as tattoo parlors, fortune
tellers, body piercing shops, head shops and other similar uses, shall not be permitted to locate
within the redevelopment area.
Pol icy 3, I C: Land uses that incorporate outdoor storage or n.;rnlJIll'fl.l..C'1\l.1..c.loo[display shall
not be permitted
108
: Deleted: PolICY: ,,,,,01
developmenllegulalll1flS ..,,!Idl] {'"Il~, ',,;.t~"
ma\.lfnUJT1 silt Ulll1Z(lI',H~ f':J! dn ~:I
an,l redeve!c'plllelll uf ':.lm;k-:ar
detached reslden!p.J CiTe:}'''
Deleted: D
Deleted: .
Deleted: or
Objective 3.2: Provide for appropriate land development regulations.
Policy 3,2A: Land development regulations shall provide a coordinated signage program for
the redevelopment area,
Policy 3,2B: The CRA shall develop an architectural theme and color palate for the
redevelopment area,
Policy 3,2C: The CRA shall develop and implement a streets cape program that may include
street furniture, special signage, unique crosswalk treatments and landscaping,
109
SECT IUN ,:X
GENERAL STATEMENT RELA TlNG TO THE eRA
Relationship to Citv's Comprehensive Plan
It is the intent of the Community Redevelopment Agency to conform all of its
proposed programs, projects and activities to the Boynton Beach Comprehensive Plan and the
adopted code of ordinances In this regard, portions of the comprehensive plan, future land
use plan map and the land development regulations will need to be amended to allow for
redevelopment activities as recommended,
Safeguards to Ensure Redevelopment Activities
Follow the Redevelopment Plan
The following activities will ensure that redevelopment actions will be consistent with
the adopted redevelopment plan:
o The CRA shall file an annual report with the State's Attorney General Office and the
City of Boynton Beach, The report shall contain an overview of the activities of the
CRA as allowed by the redevelopment plan.
o The CRA shall be fully subject to the Florida Sunshine Law and will meet at least on a
monthly basis in a public forum.
::J The CRA shall provide adequate safeguards to ensure that all leases. deeds, contracts.
agreements and declaration of restrictions relative to any real property conveyed shall
contain restrictions or covenants to run with the land and its uses, or contain other
provisions necessary to carry out the goals and objectives of this plan.
Safeguards to Ensure Financial Accountability
The CRA shall mallltain adequate records to provide for an annual audit that shall be
conducted by an independent auditor. The findings of the audit shall be presented at a meeting
110
Formatted
Deleted: 1
of the CRA and such findings shall be forwarded to the State Auditor General's Office by
March 3] sl of each year for the preceding year that shall run from October ] Sf through
Septemb.er 30th
The annual audit report shall be accompanied by the CRA's annual report and shall be
provided to the Town for public review and availability, Legal notice in a newspaper of
general circulation shall be provided to inform the public of the availability for review of the
annual audit and allnual report,
] I I
SECTlO"i XI
SOURCFS OF REDEVELOPMENT
FUNDING AND FINANCING
This section provides a general review of potential sources of funding for
redevelopment programs, and a description of the funding sources applicable to each of the
improvements or projects identified in the plan In general, a variety of financing options are
presently available to the Community Redevelopment Agency, which include the following:
Tax Increment Revenues
Tax increment is typically the major source of funding for redevelopment projects
under the State of Florida Community Redevelopment Act, This increment. which is
determined annually. is equal to 95 percent of the difference between the amount of ad
valorem taxes levied each year by each applicable taxing authOrity on all taxable lands and
buildings: property within the redevelopment area; and, the amount of ad valorem taxes that
would have been produced by the current millage rates prior to establishment of the
Redevelopment Trust Fund, Both of these amounts are exclusive of debt service millage of
the taxing authorities,
The ability of the Community Redevelopment Agency to utilize this funding method
requires nvo key actions, The first is the establishment of a redevelopment trust fund as
required by F,S, 163,387 as the repository for increment tax funds, The second is the
provision, by adopted ordinance of the City, for the funding of the redevelopment trust fund
for the duration of the redevelopment plan
] 10
Formatted
Redevelopment Revenue Bonds
The provisions of F.S, 163,385 allow the City of Boynton Beach or the Boynton
Beach CRA to issue revenue bonds to finance redevelopment actions, with the security for
such bonds being based on the "anticipated assessed valuation of the completed community
redevelopment." In this way, additional annual incremental increases in taxes generated
within the CRA is used to finance the long term bond debt. Prior to the issuance of long term
revenue bonds, the City or the CRA may issue bond anticipation notes to provide initial
funding for redevelopment actions until sufficient tax increment funds are available to
amortize a bond issue,
General Revenue Bonds
For the purposes of financing redevelopment action, the City of Boynton Beach may
also issue general obligation bonds, These bonds are secured by debt service millage on the
real property within the City and must receive voter approval
Community Development Block Grants (CDBG)
The City of Boynton Beach is a recipient of CDBG funding from the U ,S, Department
of Housing and Urban Development. These CDBG monies may be able to be used for a
variety of direct benefit programs in portions of the redevelopment area Additionally,
portions of the redevelopment area may be eligible for area-wide improvements, which
includes capital improvement projects,
]] I
Land Sales/Leases
Acquisition of property, and it preparation for development. are powers available to
the Commun ity Redevelopment Agency6 under the provisions of Chapter 163, Florida
Statutes, The resale or leasing of such land to private developers can provide another source
of income within the CRA, as well assist in "jump starting" redevelopment efforts
Direct Borrowing From Lenders
The CRA is also authorized to fund redevelopment projects and programs through
direct borrowing of funds, Depending on the particular project funding requirements, the
CRA may utilize both short and long term borrowing, Although terms and conditions may
have a direct bearing on the use of a particular commercial lending institution, the CRA may
be able to obtain a very competitive interest rate and terms,
112
SECTION XU
REVENUE PROJECTIONS
The source of revenues in the Boynton Beach Federal Highway Corridor CRA is tax
increment funds. Table ] I, I, which is shown on the following page, provides a projection of
tax increment revenues for the redevelopment area five years after the establishment of the
base assessment of $ 18,507,505 in 1999, Tax increment is calculated by taking 95 percent of
the difference between the projected assessment and the base year assessment, and then
applying the city and county millage rates to that amount. The result is the ad valorem revenue
that will be returned to the Boynton Beach CRA, Based upon an estimate of a three percent
annual increase of the base year property valuations, it is estimated that the total tax increment
revenue generated within the redevelopment area wi II be approximately $1,285, I 54 by fiscal
year 2003/04,
.in
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IX. OLD BUSINESS:
A. DISCUSSION OF CRA REAL PROPERTY.
308 NE 10TH AVENUE
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetin!! Dates Turned into CRA Office Meetinl! Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon,) . July II, 2006 June 27, 2006 (Noon)
0 February 14, 2006 January 31,2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
0 April 11,2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
0 May 9, 2006 April 25, 2006 (Noon) 0 November 14,2006 October 31, 2006 (Noon)
0 June 13, 2006 May 25, 2006 (Noon) 0 December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
Consent Agenda
o Director's Report
. Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
SUBJECT: CRA PROPERTY PURCHASE AND LAND SWAP-308 NE 10TH Ave, Boynton Beach, FL
SUMMARY PARAGRAPH: On April 12, 2005, the CRA Board agreed to purchase three properties covering two
lots on NE 11th and an empty house on NE 10th Avenues to support expansion of the St. Paul AME Church,
Additionally, on July 12, 2005, the CRA Board supported an Agreement to Exchange Real Property between St.
Paul AME Church and the CRA to formalize the swap of property owned by the CRA and the Church. The Lease
Agreement between St. Paul AME Church and the CRA permits the Church to lease the house located at 308 NE
10TH for Church functions.
On March 3, 2005, the contract for 308 NE 10TH Ave was assigned to Andrew Luchey by St. Paul AME Church in
exchange to rehabilitate the property according to City code at a cost of $50,000, To date, renovations for 308 NE
10TH Ave have not occurred. Please refer to the attached letter received by CRA staff dated June 16, 2006; this
letter outlines Mr, Luchey's request to "buy back" the property from the CRA.
Subsequently, on June 22, 2006 the CRA Board voted to sell all CRA real property on NE 9TH, NE 10TH and NE
11 TH avenues to a Master Developer,
RECOMMENDATION: Please provide staff with direction.
FISCAL IMPACT/FUNDING SOURCE: To be determined.
AL TERNATIVES: Not to take action.
CRA STAFF:
~
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board Meetingl308 NE 10TH Ave.doc
~ &&1&~~@CC=;D@J~@~
Quality In Everything We Do
1551 Forum Place
Suite 400 E
West Palm Beach, FL 33401
PH: 561.533.5303
Fax: 561.533.3858
~
l
Boynton Beach CRA
Attn: Lisa Bright
639 E. Ocean Ave Suite 103
Boynton Beach. FL 33435
r---
i Re: 308 NE 1 oth Ave, Bovnton Beach, FL 33436
Dear 1v15. Bright:
On March 3, 2005, the contract to the above referenced property was assigned to me by
Anthony Reed, Pastor of St. Paul AME Church of Boynton Beach, In consideration for this
assignment, I contracted to purchase the property from Robert Katz at the agreed upon price of
$115,000 and subsequently sell to the Boynton Beach CRA for $225,000. All profits from this
transaction, less expenses, were to be used to rehabilitate the residence, as an act of kindness to
my church. To date, the agreed upon renovations have not occurred due to area storms and
subsequent pennit delays.
In the interim, it has been conveyed to me that your Investigator. Susan Gitto, has attempted to
contact me on two occasions and the City Manager, Kurt Bressner. has approached my Pastor.
both of \vhom have inferred malicious intent on my behalf. To clarify my position, at no time
was I contacted nor did I deliberately evade conferring with Ms. Gitto.
After I contacted you requesting that we meet, Ms. Gitto and I agreed to a 30-minute meeting
on May 4, 2006. Approximately 45-minutes into the conversation, I \vas informed by Ms.
Gitto that we would need approximately 3 hours to complete our discussion. As I was not
prepared to allot that amount of time and had competing obligations, we had to reschedule.
Unfortunately. that meeting has not yet been arranged.
To avoid further imposition to me, slander of my name, and the appearance of impropriety. I
respectfully ask that I be allowed to "buy back" the aforementioned property from the Boynton
Beach CRA in cash at the full price of $225,000 within the next 30 days. In addition, I will
pay all closing costs associated with this transaction.
It is my fervent hope that this proposal is a satisfactory resolution to all interest parties. I look
forward to discussing the terms and conditions of my proposal with you on or before June 20.
2006.
S ineer. e..l y , (.
/, / ~-//1 /1
E. /1.../ ~,( Jll
Andrew Luchey, 1i-:
C: Henderson Tillman. Chairman CRA Board:
Kurt Bressner, City Manager:
Wilfred Hawkins. Assistant City Manager
,...........-.......,:
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LEW'IS, LONGMAN & WALKER, P.A.
,t., i ",r () I~ r>.,j f: ":; 1\ r ! 1"\ '..\,
Reply To: West Palm Beach
February 3,2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Greater S1. Paul African Methodist Episcopalian Church
Attention: Pastor Anthony Reed
P.O. Box 1419
Boynton Beach, Florida 33435-1419
RE: Lease Agreement
Dear Pastor Reed:
In accordance with the Lease Agreement by and between the Greater St. Paul
African Methodist Episcopal Church ("AME") and the Boynton Beach Community
Redevelopment Agency ("CRA") entered into on June 24, 2005, this letter shall serve as
notice that AME is in default of the lease pursuant to Paragraph 19. As you know,
pursuant to the terms of the lease (Paragraph 6), AME received $50,000.00 from the
CRA to complete construction of the property located at 308 Martin Luther King, Jr.
Boulevard and to receive the Certificate of Occupancy ("C.O.") from the City of Boynton
Beach. AME was given three (3) months from the closing date of the house to start work
and six (6) months 'to complete construction of the house and receive the C.O. However,
the CRA has verified with the City of Boynton Beach that AME is not in compliance
with Paragraph 6 of the Lease. Therefore, because AME has failed to comply with a
material provision of this Lease Agreement, within seven (7) days of delivery of this
written notice, the Lease Agreement will be terminated by the CRA.
Furthermore, because the $50,000.00 has not been utilized for the purposes of
bringing the structure and landscaping into compliance with the City of Boynton Beach
ordinances, pursuant to the terms of the Lease Agreement, the CRA demands the return
of the $50,000.00 in full within 15 days of the date of this letter. As you know, the CRA
has repeatedly requested confirmation that the $50,000.00 remains in the escrow account,
but the CRA has not received a response to such requests.
- ----------- -----------.------------ -------------..------------..-- ----- ----------
Helping Shape Florida's Future"
BRADENTON
Thrd .L../t:'I1'J'? '\,'.jCS~
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WEST PALM BEACH
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(jreater ~t. PaUl AInCan MernOOIS[ tplscopaJlan Lnurcn
Attention: Pastor Anthony Reed
February 3, 2006
Page 2
Please govern yourself accordingly.
Very truly yours,
KGS/ma
cc: Lisa A. Bright, BB CRA Executive Director
Vivian Brooks, BB CRA Planning Director
Kurt Bressner, City of Boynton Beach Manager
Wilfred Hawkins, Assistant City Manager
(:\Client Documents\Boynton Beach CRA\2419-000\Corr\Letter to Pastor Reed re cancellation of lease (2),doc
RECEIVED
i .
, , ...... ~, 'l_ ~ ": ;
BOYNTON BEACH C.RA
Boynton Beach
City Manager's Office
Memorandum
TO:
FROM:
Lisa Bright, Exe. cuti.V. e .D ire.. cto..r )
CRA
.) ,.~
)1:.' '/tut./ 1
Kurt Bressner f:Li;;'~ .:),1...::,)/.:.. /'
City Manager
DATE:
May 25, 2006
SUBJECT:
Review of Land Purchase by CRA
Please find attached a copy of a review conducted by the Boynton Beach Police
Department at my request. The review was prepared to track the transactions
related to the purchase of parcel 0130 in April 2005 for $225,000. The issue that
prompted this review was the request by the CRA of repayment of $50,000 from
St. Paul AME Church. The Church expressed concern about the request and
subsequently, the CRA sent a clarification letter advising that this matter was
being reviewed. In turn, I asked the Police Department to review the file
materials and interview parties related to the land transaction. A summary
prepared by Investigator Suzanne Gitto is attached for your use and review.
This is a civil matter between the CRA and the seller of the property.
Investigator Gitto is available for any follow-up discussion you may require and
has copies of all the examined documents and other source material generated
as a result of the review. In addition, I can make my files and notes available to
you as well.
I recommend that you review this matter with CRA's legal counsel. The attached
summary indicates that the church never received the $50,000.
Cc: Police Chief Matt Immler
Major Wendy Unger
Investigator Suzanne Gitto
City Attorney James Cherof
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
City Manager Kurt Bressner
(via chain of command)
DATE:
OS/25/06
RECEIVED
FILE:
MAY 2 5 2006 I I
I CITY M!\r\LI\GER'S OFFICE j
FR
SUBJECT:
REFERENCES:
ENCLOSURES:
Here is a brief summary of the findings of my investigation:
CRA lnvestigati
v. Suzanne Gitto #677
On 03/23/06 I met with City Manager Kurt Bressner and Major Wendy Unger regarding
an investigation. Bressner stated that he needed me to look into a real estate
transaction that occurred between St. Paul AME Church and the CRA in 2005 regarding
parcel #0130 (further referred to in this report as "the property"). The two areas of
concern that were relayed to me were (1) $50,000 was included in the real estate deal
and was to go toward improvements to the property, but as of today, none were made.
Bressner wanted to know who received the money and why the money was not used as
planned (2) The property was sold and re-sold several times in a few month period.
There was also no appraisal in the records to support the amount of money that was
paid for the property. Bressner wanted me to find out information on the real estate
deal, and how the purchase price was determined.
I was able to establish the following information. Pastor Reed (ex-pastor for St. Paul
AME Church) wanted to expand the church in the community and the church owned two
pieces of property the CRA was interested in purchasing in order to make a cut through
from 10th Avenue to city shop. The property, at the time owned by Bob Katz, was
across the street from the church and next to the church parking lot. Reed approached
Katz about purchasing the property and originally Katz stated that he would sell the
property for $95,000 but Katz kept raising the price for the property. Reed advised that
the church did not have the money so he approached Hutchinson about CRA money for
redevelopment. Reed (and others) advised that Katz would not deal directly with the
CRA so the church put a $10,000 down payment on the property.
Reed stated that the church did not have enough money to buy the property so church
member, Andrew Luchey, offered to buy the property for the church. Reed advised that
since Luchey was a church member and owned other property in Boynton Beach he
was comfortable with the deal. In my interview with Hutchinson, he stated that he was
not aware that Luchey purchased the property for the church and stated that he did not
get involved in the details of the contract, but that Luchey did make a comment that he
could use the deal as a tax write off as "donation to the church". The church then
signed over the contract for the property to Luchey and Luchey purchased the property.
The church and the CRA entered into a land swap agreement. There was also a verbal
side agreement between Reed, Hutchinson, and Luchey stating that the CRA would
purchase the property and the CRA would add an additional $50,000, with the
understanding that the additional money was for the church to fix up the building. In
turn, the church would lease the property from the city for $10 per year until such time
that the city needed the property for the cut through project to city shop. Reed was
hoping that by the time the city needed the property, the church would have already
acquired property needed to expand the church and they would no longer need the
property.
Reed, Luchey and Hutchinson agreed for the CRA to purchase the property for
$225,000 and the deal went through. Hutchinson advised that the price paid was based
on comparables of property in the area (supplied by Barry Lazarus, Urban Group). It
should be noted that I spoke with Lazarus and he advised that the price was reasonable
and he did not feel it was overpriced. In regards to this purchase, there was
documentation of the sale of the property between the CRA and Luchey for $225,000.
There was also a signed lease agreement between the CRA and Reed stating that the
church received the $50,000 and was going to use that money for improvements to the
property. The lease agreement also stated that the church would lease the property
from the city for $10 per year until such time as they city needed the property for their
project.
The main issue with the transaction is that no where in the contract does it state that
$50,000 was added to the price of the purchase home and the money was to be given
to the church for improvements of the property. When questioned, Reed advised that
he was not a real estate person and he did not get involved in the contract part of the
deal. He advised that the church never received the money from Luchey and he did not
think anything about it because he trusted Luchey. Reed did state that he signed the
lease agreement, but advised that he did not read the section about having received the
$50,000. Hutchinson also advised that he did not get involved in the contract side of the
transactions. He acknowledged that there were numerous contracts regarding the
property deal and advised that legal had issues with the original contract and that is why
it was changed. Hutchinson stated that the CRA board approved the deal for the
purchase based on a figure of $225,000 and the price never changed so when a new
contract came along, it was not brought back in front of the board. Reed advised that
he attempted to get the money from Luchey, but the hurricanes came and once the dust
settled, he was transferred to Miami.
I spoke with several board members and most stated that the agenda packets given to
them for review are not reviewed in detail. Most advised that they relied on the
information verbally presented by Hutchinson regarding the packet. Jeanne Heavlin
was the only board member to remember any details of the purchase and that $50,000
was added to the purchase price of the home. No other members remembered the
details of this purchase.
I have made numerous attempts to contact Luchey regarding this investigation. At this
time he has refused statement and has made no attempt to repay the money or make
any improvements to the property in question.
APPROVED
DISAPPROVED
DATE
OS/25/06
OS/25/06
..' ~i~~
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LEWIS/ LONGMAN & \NALKER, P.A.
Reply To: West Palm Beach
March 6, 2006
Greater St. Paul African Methodist
Episcopalian Church
Attention: Pastor
P.O. Box 1419
Boynton Beach, Florida 33435-1419
RE: Lease Agreement
Dear Pastor:
By letter dated February 3, 2006, to Pastor Anthony Reed, we informed Pastor
Reed of the position of the City and CRA that AME was in violation of the Lease
Agreement and requested confirmation that the $50,000 which had been provided to
AME remained in escrow.
Please be advised that the CRA is further investigating this matter. Once we have
come to a final conclusion on our findings, we will contact you.
zYOU~'
I
II
}?J;[~{r~
eth G. Spillias
Ke
KGS/ma
cc:
Lisa A. Bright, BB CRA Executive Director
Vivian Brooks, BB CRA Planning Director
Kurt Bressner, City of Boynton Beach Manager
Wilfred Hawkins, Assistant City Manager
---....--.---.-- ...------_______._ __..'u.__.____._.____.__.__ ___~__.___.__._____ __._ _ __._.________
RECIEllf
MAR 0 8 2006
BOYNTON BEACH C I
. ..,F\"
I:\Client Documenls\Boynlon Beach CRA~4,I.2-O 11 \CQi.R\Letter,tq. PaSlDar RCjed,~ .
Helpmg :::,nape .non as t'uture
'JRADEr\ITON
JAC~,SONVILLE
IALLAHASSEE
W EST PAL M BE':' ,= H
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x. NEW BUSINESS:
A. CONSIDERATION & APPROVAL OF HOB SINGLE-
FAMILY INFILL DEVELOPMENT RFP
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
0 January 10,2006 December 27, 200S (Noon) . July II, 2006 June 27, 2006 (Noon)
0 February 14, 2006 January 31, 2006 (Noon) 0 August 8, 2006 Ju]y 2S, 2006 (Noon)
0 March ]4,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
0 April II, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
0 May 9, 2006 April 2S, 2006 (Noon) 0 November 14, 2006 October 31,2006 (Noon)
0 June 13,2006 May 2S, 2006 (Noon) 0 December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
o Old Business 0 Legal
. New Business 0 Future Agenda Items
o Other Item
SUBJECT: Parker Property Redevelopment
DATE:
June 28, 2006
SUMMARY PARAGRAPH:
In May 2006, the CRA purchased two lots in the Heart of Boynton, The lots are located at 603 and 607 Seacrest
Avenue (see attached map), There are two single-family residences on the lots. However, they are not up to
modern housing standards nor is it financially feasible to bring them up to code, Therefore, they are scheduled to
be demolished.
Staff has initiated the process to subdivide the two lots into three which will permit the construction of three new
single-family homes. The resulting lot sizes will meet or exceed Boynton Beach Land Development Regulations,
Staff is recommending the issuance of a Request for Proposal to develop, market, qualify buyers and sell the
homes to low-to-moderate income families (see attached RFP), The new homes will be 3 bedroom/2 baths with a
minimum of a one car garage and will follow the design recommendations of the adopted Heart of Boynton
Community Redevelopment Plan, Potential buyers may access the CRA's Homebuyers Assistance and the City's
SHIP funds for down payment assistance.
RECOMMENDATION:
Approve the issuance of the Infill RFP and give staff authority to negotiate a contract for final approval by the
Board,
FISCAL IMPACT/FUNDING SOURCE:
Depending on the responses received, the CRA may recoup some of the $380,000 spent to purchase the
property,
AL TERNATIVES:
Do not approve the issuance of the RFP, hold the property or sell the property without developing the housing
units'] /')
. ..~ /l,l',,-},( ! I Ie
CRA STAFF: I 1 I ,If -".I.j, \..
Vivian'L-Brooks" '
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board Meetingllnfill RFPdoc
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JLN - 29 - 2006 13: 55 Fro m: LEl.J I S LOHGMAH l,JALKER 5515408202
To:73732581*
P.2/11
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
HEART OF BOYNTON SINGLE-FAMILY INFILL DEVELOPMENT #1
Request for Proposal (RFP)
The Boynton Beach Community Redevelopment Agency ("CRA") is soliciting
proposals from qualified developers to redevelop the following parcels pursuant
to the Heart of Boynton Community Redevelopment Plan in the incorporated
area of the City of Boynton Beach, Florida:
Legal Description:
THE NORTH 15 FEET OF LOT 131, TOGETHER WITH A PORTION OF LOT
130, BLOCK B, BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 4, PAGE 51, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
Legal Description:
THE NORTH 25 FEET OF LOT 132, TOGETHER WITH THE SOUTH 35 FEET
OF LOT 131, BLOCK B, BOYNTON HILLS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 51, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Legal Description:
THE SOUTH 25 FEET OF LOT 132, TOGETHER WITH THE NORTH 35 fEET
OF LOT 133, BLOCK B, BOYNTON HILLS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 51, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
See Attachment A for location map.
Background:
The City of Boynton Beach, with a population of about 66,000, is the third largest
city in Palm Beach County, Florida. It is located approximately 45 miles north of
Miami and 15 miles south of West Palm Beach. This places Boynton Beach in
the heart of southeast Florida's rapidly growing tri-county Miami-
Dade/Broward/Palm Beach metropolitan area.
Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and
the Florida Turnpike. It also has a market of more than 6 million people within a
two-hour radius and easy access to three international airports, two major rail
lines, as well as the Tri-Rail regional commuter rail system.
1
JUN-29-2006 13:55 From:LEWIS LONGMAN WALKER 5616408202
To: 7373258#
P.3/11
The City has introduced improved land use and zoning changes in the eRA.
These changes have already attracted several residentially-based mixed-use
developments to the city's downtown core and along the Federal Highway
Corridor.
The Heart of Boynton area consists of approximately 338 acres located
immediately northwest of the downtown. According to the 2000 census, the
demographics for the area reflected 3,193 people reside within the Heart of
Boynton, 89 percent African Americans with a median household income of
approximately $27,000 per annum.
Project Overview:
The Boynton Beach eRA is seeking proposals from developers to construct three
affordable, single family homes on infill lots owned by the Boynton Beach eRA.
Affordable is defined as a family of four (4) making up to 120% of area median
income per year. The Boynton Beach eRA is interested in creative and
innovative solutions in the development of safe and affordable housing.
The selected developer must agree to sell the newly constructed single family
homes to credit worthy, moderate-income, first time homebuyers or families
without home ownership within the last three years. The Boynton Beach eRA
encourages developers responding to this RFP to partner With other financial
institutions andlor public entities that may assist in reducing the cost of the end
product to the homebuyer. The selected developer will enter into an agreement
with the eRA speCifying terms of the sale of the homes. The selected developer
must also agree to a signage easement over the parcels for purposes of
identification of the joint venture project.
Developer ResponsIbilitIes:
The developer must provide floor plans for each unit type to be provided within
the single family home development. In addition to the floor plans for each unit
type, the developer must provide an elevation of the single family homes that
includes front. side and rear elevations. The developer is required to fulfill
parking, setback and building standards established by the City. All units must
have a minimum air-conditioned square footage as permitted by the City's zoning
regulations and include (at a minimum) an attached one-car garage. All units
must meet all City, County and Florida Building Code requirements for site plans
and construction.
The design of the single family homes shall use an architectural style that
conforms to, or improves the appearance of the neighborhood (See the Heart of
Boynton Community Redevelopment Plan at www,bQyotonbeachcra.org in the
Planning section). The developer should provide variations in design and
facades, but with common architectural details defined in the development
2
JUI~ - 29 - 2006 13: 55 Fro m : LEW I S LONGMAN WALKER 5616408202
To: 73732581*
P. 4/ 11
guidelines of the Heart of Boynton. The developer will be responsible for
completion of every item necessary for a homebuyer to move into their home,
including coordination/installation of all utilities, mortgage qualification, SHI P
program qualification, etc.
All units constructed are for sale to owner occupants only. Maximum sale price
for any unit cannot exceed $280,000. The following amenities are required in
every unit and must conform to or exceed requirements of all the City's codes
and regulations:
a. Three (3) full bedrooms, with one master bedroom;
b. Two full bathrooms, with one in the master bedroom;
c. Master bedroom size (minimum 13 ft. by 14 ft.);
d. Walk-in closet in master bedroom;
e. Double kitchen sink;
f. Interior light fixture package;
g. Ceramic tile (entryway, kitchen and baths) and carpet;
h. All new appliances including washer, dryer, self cleaning range,
range hood, garbage disposal, refrigerator with ice maker and
water line and ceiling fans in all bedrooms and living room;
I. Wiring for alarm system, cable, internet and phone;
j. Window treatment of mini-blinds or upgrade;
k. Automated in-ground sprinkler system for landscaping and lawn
area, including swale; and
I. Landscaping must meet City of Boynton Beach Code.
In addition to the minimum amenities listed above, the developer must provide a
five-year Builders Risk Insurance poliCy to the purchaser(s) as a warranty.
The developer shall submit at least one set of plans, specifications and cost
breakdowns for each home model with the minimum amenities and Builders Risk
Insurance policy as stated above. Dollar amounts should reflect the actual cost
of construction plus developer profit (developers profit should be shown
separately).
Proposal Criteria:
The development proposal must include the following:
. Name and address of the proposing firm or entity.
. A list of the professional team members, historical background information
on the principals and a description of their experience with similar projects.
. A qualifications statement of the proposing firm or entity, inCluding
verifiable examples of experience, photographs, addresses and project
3
JUN-29-2006 13:55 From:LEWIS LONGMAN WALKER 5616408202
To: 7373258**
P.5/11
information. Additionally, documented experience in the development and
marketing of affordable housing is required.
· A copy Of the most recent Federal Form 254 should be provided if
available. If the selected development entity is a public corporation, it may
also be asked to provide copies of its annual report or SEe filings as
appropriate.
· A certificate of good standing from the Secretary of State, Division of
Corporations.
· Proof of financial capability to complete a project of this scope (financial
information should be submitted in a separate, sealed envelope or
package and marked 'confidential').
· Preliminary development pro forma.
· Detailed marketing and sales plan.
· Detailed description of the proposed project with text and graphics. This
should include a schematic site layout plan, with parking locations and
typical floor plans and elevation diagrams as appropriate.
· Outline of the proposed plan must generally adhere to the adopted HOB
Plan (available on the eRA website),
· A promotional Power Point presentation.
Only those proposers meeting every criterion will be invited to present their
proposal to eRA Board during its selection meeting. The eRA Board is not
obligated to choose any proposer and may re-issue the RFP at their
discretion.
Timeline:
July 14, 2006
July 28, 2006
August22,2Q06
September 12. 2006
Publication of Notice of Request for Proposal
Pre~proposallnformationaJ meeting for interested
parties
Proposal packages due by 4:00 p.m.
Presentation of all qualifying proposals to eRA Board
and selection of developer.
Submittal Requirements:
4
JUI.~ - 29 - 2005 13: 55 Fro m : LE~H S UJt'-lGt1AH WAUCER 5515408202
To: 7373258*1
P. 5/11
To be considered, interested firms should submit twelve copies of the
Development Proposal should be submitted to the following:
Lisa Bright
eRA Executive Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
Telephone: (561) 737-3256
bright!@ci.boynton-beach.fl.us
Submittals must be received no later than 4:00 p.m. EST on Tuesday, August
22, 2006 at the CRA offices located at 915 S. Federal Highway in Boynton
Beach. The failure to strictly meet this deadline will result in the submittal
being rejected and returned unopened. Any question regarding whether a
submittal has been submitted timely shall be resolved by reference to the time
kept at the eRA office by the CRA's receptionist or other delegated
representative for the receipt of the submittals.
A pre-proposal informational meeting will be held on July 28, 2006 at 10:00
am at the eRA Offices, 915 S. Federal Highway in Boynton Beach. The
purpose of the meeting will be to answer any outstanding questions regarding
the project and attendance is strongly encouraged.
Contacts:
All correspondence and requests for information regarding the Heart of Boynton
community. in general, and this project in particular, should be directed to:
Lisa Bright
eRA Executive Director
Boynton Beach eRA
915 S. Federal Highway
Boynton Beach. FL 33435
E-mail brightl@cLboynton-beach.fl.us
Telephone~ (561) 737-3256
Non-Discrimination
The selected developer, its successors and assigns, agree that no person shall
on the grounds of race, color, disability. national origin, religion, age, familial
status, sex, or sexual orientation be subjected to discrimination. Should such
discrimination occur, the eRA will provide notice to the Developer of a breach of
this condition and thereafter, Developer has 15 days to demand arbitration as to
the claim of discrimination. The parties will then mutually agree to an arbitrator
5
JGH-29-2005 13:55 From:LEWIS LONGMAN WALKER 5616408202
To: 7373258**
P.7/11
and if they cannot agree, the auspices of the American Arbitration Association
will govern. This arbitration is independent of any other actions being taken by
other agencies. However, a finding by any other agency or court that such
discrimination has occurred may be relied upon by the eRA as conclusive proof
of a breach of this provision. If Developer does not demand arbitration within 15
days, or if arbitration is conducted and it is determined by the arbitrator that
discrimination occurred, the eRA shall have the right to terminate any such
Agreement it has entered into with Developer and pursue any and all other lawful
remedies.
Protests
Any and all decisions by the eRA to modify the schedule described herein,
request additional information, reject insufficient or unclear proposals, formulate
an Objective point system for review, rate and rank proposals, negotiate
agreements, abandon negotiations, approve agreements, etc., shall be at the
eRA's sole discretion and no protests whatsoever shall be considered by the
eRA. Submittal of a reply to this RFP on the part of any and all proposers
constitutes acceptance of this policy.
Formation of Contract
The existence of a contractual relationShip between the parties is contingent
upon the terms and conditions of the contract being negotiated to the satisfaction
of both parties and the execution of said contract by both parties. The winning
proposer will be granted a contract for a period yet to be determined. The
contract documents shall include, but not be limited to, terms and conditions of
this RFP. the submitted proposal inclusive of qualifications, the negotiated
services as agreed by both parties, and the ordering mechanism.
Permits, Taxes and Licenses
Proposer shall at its own expense obtain all necessary permits, pay all licenses,
fees and taxes, required to comply with all local ordinances, state and federal
laws, rules and regulations applicable to the business to be carried on under the
contract.
Public Records
Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., The Public Records
Law. Information and materials received by the eRA, in connection with a
submittal shall be deemed to be public records subject to public inspection.
However, certain exemptions to the public records law are statutorily provided for
in Section 119.07, F.S. If the Proposer believes any of the information contained
in its Submittal of Proposals is exempt from the Public Records Law, then the
6
JLN-2'3-2005 13:55 From:LEWIS LOHGMAH WALKER 5615408202
To: 73732581;
Proposer must in its response specifically identify the material which is deemed
to be exempt and cite the legal authority for the exemption and the eRA will
evaluate the material to determine whether it is exempt from the Public Records
Law. Otherwise. the eRA will treat all materials received as publiC records.
Public: Entity Crimes
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit Proposals, bids or
qualifications (as applicable). in response to a solicitation for said
products/services in support of a public entity. and may not submit qualifications,
a proposal or bid on a contract with a public entity for the construction or repair of
a public building or public work. may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list"
Drug Free Workplace Certification
All Proposers must complete and sign the attached "Drug Free Workplace
Certification by Vendor", and submit it with their Proposals. Failure to do so may
result In rejection of your proposal.
7
P.8/11
JL;'~-29-2006 13:56 From: LEWIS LONGMAt~ WALKER 5616408202
To: 7373258t1
P. 9/11
1:\OIlent Documents\Boynton Boach CFlA\2419-011\MISc\UrbQn Inti" RFP Parker Sitlil,CkIC
8
JUt1- 29 - 2006 13: 56 Fro m : LEVU S LOHGMAI~ WALKER 5615408202
To: 73732581:1
CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of responding to this
RFP maintains a drug-free workplace program, and that the following conditions
are met:
(1) We publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace; and specifying that actions will be taken against
employees for violations of such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual
services included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual services covered under
this RFP I they will abide by the terms of the statement; and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to any violation
of Chapter 893 or any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such
conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if suCh is available in the employee's
community, by any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free worKplace
through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies
fully with the above requirements.
Authorized Signature: Date
Name & Title (typed)
y
P.10/ll
JUH-29-2006 13:56 From:LEWIS LOHGMAH WALKER 5616408202
To: 73732581:1
P.ll/11
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10
x. NEW BUSINESS:
B. CONSIDERATION OF A PURCHASE CONTRACT FOR AN
8,000 SQ. FT. WATERFRONT PARCEL, FUEL DOCKS, AND
70 MARINA VILLAGE GARAGE PARKING SPACES
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CR<\ Date Final Materials Must be Turned into
Meetin!!: Dates Turned into CRA Office Meetin!!: Dates CRA Office
January 10, 2006 December 27, 2005 (Noon,) . July 11, 2006 June 27, 2006 (Noon)
April II, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
May 9, 2006 April 25, 2006 (Noon) D November 14,2006 October 31, 2006 (Noon)
June 13, 2006 May 25, 2006 (Noon) D December 12, 2006 November 28, 2006 (Noon)
NA TURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
D Old Business
D New Business
D Legal
D Future Agenda Items
D Other I tern
SUBJECT: Marina Waterfront Parcel & Accompanying 70 Garage Parking Spaces
SUMMARY PARAGRAPH: After acquiring the Two Georges Marina and implementing nonconforming parking
restrictions necessary for the sale to the CRA; staff realized additional parking for marina tenants and visitors was
necessary. The Related Group approached the CRA with an offer to purchase the 8,000 square foot waterfront
parcel and 70 Marina Village parking spaces. The Related Group's asking price was $3 million.
Concurrently, CRA staff met with county administrators of the $50 million Waterway Grant Initiative. During a
physical tour of the waterfront project area, county administrators recommended the CRA include the fuel docks in
the purchase. CRA staff has expected a $2,0 million disbursement from the grant fund and petitioned the county
for an additional $3.0 million to offset the cost of the waterfront parcel, 70 parking spaces and adjacent fuel docks.
To date, the county has not made any commitment on the disbursement of any of the requested grant funds.
CRA staff negotiated with the Related Group on the fuel docks with an asking price of $570,000.00. The County
will require the CRA to enter into an Interlocal Agreement guaranteeing the marina's status as "public" in
perpetuity, as well as maintaining at least six (6) commercial licenses, This additional requirement only
compounds existing parking challenges along the waterfront project area, but in exchange we will get monies to
offset project costs.
The Related Group is interested in executing a formal contract to purchase the entire package. The Related Group
is willing to carry $2,000,000.00 of the total price, inclusive of the fuel dock, at an interest rate of 5.0 % for four (4)
years. This falls within the Agency's ability to pay.
RECOMMENDATION: Direct staff to enter into a purchase contract for the waterfront parcel, 70 garage spaces
and fuel docks.
FISCAL IMPACT/FUNDING SOURCE: The total purchase price of the waterfront parcel, 70 garage parking
spaces and fuel docks is $3,5 million. CRA Bond #1 initiative was designed to enhance our waterfront for public
use. The Agency can use a portion of the $2,000,000.00 County grant to finance the down payment and has the
financial capability to carry this debt for the remainder of the four years.
ALTERNATIVES: Do not approve the contract negotiation,
CRA STAFF:
tw'l ~~)
T:IAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board MeetinglMarina Pad Purchase.doc
1
2
3
4
5
x. NEW BUSINESS:
C. CONSIDERATION OF CITY/CRA INTERLOCAL
AGREEMENT FOR EVENTS
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned Into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
0 January 10,2006 December 27,2005 (Noon,) . July J 1, 2006 June 27, 2006 (Noon)
0 February 14,2006 January 31,2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
0 April 11, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
0 May 9, 2006 April 25, 2006 (Noon) 0 November 14, 2006 October 31,2006 (Noon)
0 June 13,2006 May 25, 2006 (Noon) 0 December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
SUBJECT: City/CRA Interlocal Agreement for a Marketing & Events Cooperative
SUMMARY PARAGRAPH: City and CRA staff have developed a draft cross marketing and events agreement
allowing both entities to leverage resources to provide the public with a better event.
Currently, the City conducts its own events with a limited budget and staff resources. The same applies to the
CRA. Staff would like to work in partnership with the City/CRA/Chamber on larger events to capitalize on
sponsorship opportunities, reduce event costs by sharing city resources such as police, maintenance, etc.
Special Events staff would report to the City's Public Affairs Director and the CRA's Communications and Public
Relations Manager. These three individuals would work with other City staff, community residents and others on a
committee level.
RECOMMENDATION: Direct staff to finalize an Interlocal Agreement for a Marketing & Events Cooperative.
FISCAL IMPACT/FUNDING SOURCE: Such an arrangement would reduce costs on the CRA general fund
budget.
AL TERNATIVES: Not approve.
CRASTAFF:~
Marketing and Communications Manager
T:\AGENDAS. CONSENT AGENDAS. MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 07 11
CRA Board MeetinglMarketing Events Coop.doc
MARKETING & EVENTS COOPERATIVE
BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY.
THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH CHAMBER OF
COMMERCE
THIS AGREEMENT is madc and cntered into this _day of
,2006, by and bctwecn
the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hcrcinafter
referred to as the "CRA," the CITY OF BOYNTON BEACH, hereinafter referrcd to as the
"CITY," and the BOYNTON BEACH CHAMBER OF COMMERCE, hereinafter referred to as
"CHAMBER" (collectively referred to as "thc parties").
WIT N ES SET H:
WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida
Statute Chapter 163 and has as its purpose the redevelopment of portions of the City of Boynton
Beach located within its gcographically designated redevelopment area; and
WHEREAS, the City is a Florida municipal corporation; and
WHEREAS, the CHAMBER has as one of its primary missions the providing of support to
the economic community within the City; and
WHEREAS, the parties hereto desire to enter into a Marketing Cooperative in order to
combine resources, ideas and efforts to plan events for the CRA, the City and the Chamber. The
parties propose to achieve this goal through the hiring of a "Special Events Manager" (NOTE: as
used in this document, this label has no signUzcance. It is a placeholder to identifji the position).
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties hereby agree as follows:
1. Name. The name of the Marketing Cooperative shall be
2. Term. The term of this Marketing Cooperative shall be on a calendar year basis
commencmg
and ending
unless extended in writing by all parties hereto.
3. Staffing. The parties agree that the day-to-day affairs ofthe Marketing Cooperative
shall be administered by a staff person to be known as the "Special Events Manager." For
employment purposes, the Special Events Manager shall be deemed to be an employee of (Identify
organization) and the (Identify organization) will be responsible for all compensation, insurance,
taxes and reporting requirements relating to their employment. The parties will reimburse the
Boynton Beach CRA for salaries and benefits. The Special Events Manager shall have an office at
the Boynton Beach CRA.
4. Duties and Responsibilities. The duties and responsibilities of the Special Events
Manager will generally be as follows:
· Plan, develop, coordinate and market special programs and events for the
City/CRA/Chamber
· Coordinate City/CRA/Chamber participation m and presence at special events
citywide, including Holiday Events, Heritage Festival, Art & Jazz Concerts and
more.
· Provide planning and coordination to the Events Committee.
· Participate in meetings for special events, serve as a City and CRA resource to
identify and address special events needs, issues and concerns and coordinate
outreach plans to publicize and meet the needs of special events.
2
be resolved by mediation with such mediation to be conducted between the City Attorney and the
CRA Attorney.
9. Law Governing Marketing Cooperative. This Marketing Cooperative shall be
governed by and construed in accordance with the laws of the State of Florida.
10. Sponsorship Consultant. The City/CRA agree to share the contract cost of the
Sponsorship Consultant. The City agrees to pay $16,000 per year and the CRA agrees to pay
$16,001 for these services.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF BOYNTON BEACH
By:
Chairman
Attested by:
Secretary
CITY OF BOYNTON BEACH
By:
Chairman
Attested by:
Secretary
4
· Other duties as assigned and/or defined in a complete job description.
5. Capital Contribution. The parties hereby agree to contribute to the Marketing
Cooperative the following sums in support of the Marketing Cooperative for the term of this
Agreement:
A. CRA - The CRA agrees to contribute 51 % to the Marketing Cooperative the
sum of
($-> for the period beginning
(date) to
(date) .
B. CITY - The CITY agrees to contribute 49% to the Marketing Cooperative the
sum of
($-> for the period beginning
(date) to
(date) .
C. CHAMBER- The CHAMBER agrees to contribute Volunteer In-Kind to the
Marketing Cooperative for the period beginning (date) to
( date)
The parties shall submit the respective contributions by
(identifY organization).
6. Office Location. The Special Events Manager shall maintain an office for the period
(date), to
of this Agreement at the CRA office located at 915 S. Federal Highway, Boynton Beach, Florida.
7. Applicability of Sunshine Law. The parties hereto agree that the conduct of the
affairs of the Marketing Cooperative shall be in accordance with Florida Statute Chapter 286.011
governing the Sunshine Law and that the records of the Marketing Cooperative shall be deemed
Public Records pursuant to the Florida Statute Chapter 119 and administered accordingly.
8. Disputes. In the event of any dispute arising among the parties with respect to the
interpretation or the respective rights or obligations provided for by this Agreement, the same shall
3
CITY OF BOYNTON BEACH CHAMBER OF
COMMERCE
By:
President
Attested by:
Secretary
LIChent DocumcntslBoynton Beach CRA 12419-000IMisc\Agrecmcnts'Markctmg Coopcrative,doc
5
XI. FUTURE PROJECT PREVIEW:
TOWN CENTER AT WATERFRONT PARK
AND OCEAN POINT TOWER
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Town Center at Water Point Park and Ocean Pointe Tower
Boynton Beach, Florida
SITE ADDRESS:
GROSS LOT AREA :
CURRENT ZONNING :
PERMITTED USES:
SETBACKS:
MAX. BUILDING HEIGHT:
MAX. LOT COVERAGE:
MAXIMUM DENSITY:
PARKING REQUIREMENTS
(OFF-STREET):
521 N. Federal Highway
Boynton Beach, FL 33435
71,637,7 gsf
1,645 acres
(the area that is indicated in red)
MU-H
(Mixed-Use High Density)
Land Development Regulations Chapter 2, Section F-3, City of Boynton Beach
Multi-Family Dwelling Units; Office; Retail
Land Development Regulations Chapter 2, Table 6F-1, City of Boynton Beach
MU.H
Front Yard Setback
Residential, Multi Family build to line; 0-15 ft,
All other uses; 0-15 ft (with widen pedestrian walkway)
Residential, Multi Family; 0 ft,
All other uses; 0 ft
Residential, Multi Family; 0 ft,
All other uses; 0 ft
Land Development Regulations Chapter 2, Section F-5, City of Boynton Beach
Side Yard Setback
Rear Yard Setback
150 ft,
Max, height of front fa<;:ade is 45ft. above which building must step back 10ft. for each additional 50ft, of height.
Land Development Regulations Chapter 2, Section F-5, City of Boynton Beach
85%
Land Development Regulations Chapter 2, Section F-5, City of Boynton Beach
For Residential Use
80 dwelling units per acre
For all other uses
4.0 FAR.
(Parking Garages are not habitable spaces and they are not included in F.A.R. calculations)
Land Development Regulations Chapter 2, Section F-5, City of Boynton Beach
Two or more bedroom apartments - Two parking spaces per unit
One Bedroom and efficiency apartments - One and half parking spaces per unit
Live I Work units - Two and half parking spaces per unit
Office-Retail Complexes - One parking space per two hundred square feet of gross leasable area
Restaurants - One parking space per one hundred square feet of gross floor area
Land Development Regulations Chapter 2, Section H-11 City of Boynton Beach
N:\2627-Boynton Beach-Mixed Use\Zoning Study\Boynton Beach Zoning Study With Katz Parcel. xIs
Printed on 6/8/2006
Page 1 of 3
Town Center at Water Point Park and Ocean Pointe Tower
SHARED PARKING:
Mixed-use develpoments may utilize the following parking requirements based upon shared parking with different hours
of use, The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses
computed for the following five speprate time periods:
WHkday WHUnd
Day1ime E'IeIIiD& DayIIme I!YaIIq NIDIIImol
(6~.....) I'P~~ (6,~.,) l'p.~ \') ,,_. ;;.,;,:.,....)
Office 100 10 10 5 S
RefaiI 75 75 100 10 S
J..od&la& 75 100 75 100 75
ItcsIaunm 50 100 100 100 10
EDIerIaiameaI 40 100 !IO 100 10
RaideDdaI 60 100 100 100 " 100
,
This area will be
calculated just for parking
MAXIMUM ALLOWED
BUILDABLE AREA:
4.0 FAR. x 71,637.65 sf = 286,548 gsf total buildable area
MAXIMUM ALLOWED
DWELLING UNITS:
80 du/ac x 1,645 acres = 131 residential units
Average 1,055 sf units x 131 units = 138.230 SF total sellable residential units are allowed to build,
with support areas = 158,965 SF (138,230 sf x 1,15)
CURRENT DESIGN
RESIDENTIAL BREAKDOWN
Affordable Housina
1 Bedroom Units 650 SF
2 Bedroom Units 850 SF
3 Bedroom Units 1,050 SF
35%
55%
10%
21 Units
34 Units
6 Units
61 Units - 51,850 SF Total Affordable Housing
Average 850 SF
Luxurv Rentals
1 Bedroom Units 800 SF 35%
2 Bedroom Units 1250 SF 55%
3 Bedroom Units 1,650 SF 10%
Average 1,234 SF
25 Units
39 Units
6 Units
70 Units - 86,380 SF Total Luxury Rentals
REMAINING BUILDABLE
RETAIL I OFFICE SPACE:
286,548 sf - 158,965 sf = 127,538 sf total allowed sellable retail I office I hotel space
N:\2627-Boynton Beach-Mixed Use\Zoning Study\Boynton Beach Zoning Study With Katz Parcel. xis
Printed on 6/8/2006
Page 2 of 3
Town Center at Water Point Park and Ocean Pointe Tower
CURRENT DESIGN
RETAIL
CURRENT DESIGN
OFFICE
CURRENT DESIGN
HOTEL
REQUIRED PARKING
FOR RESIDENTIAL:
FOR RETAIL:
FOR OFFICE:
FOR HOTEL:
CURRENT DESIGN WITH
SHARED PARKING
REDUCTION:
CURRENT DESIGN
PROVIDED PARKING:
PARKING SPACES
PROVIDED FOR
CITY / PUBLIC USE:
30,119 9Sf of Retail Space
46,980 9Sf of Office Space
50,439 9sf of Hotel Space (125 Rooms @ 350sf x 1,15)
(This space is also flexible for office)
1 Bedroom = 21+25 = 46 units x 1,5 space
2 Bedroom = 34+39 = 73 units x 2 space
3 bedroom = 6+6 =12 units x 2space = 24 space
= 69 spaces
=146 spaces
=24 spaces
= 239 spaces
30, 119sf x 0,75 efficiency /200sf per one parking space = 113 spaces for retail
46,980sf x 0,75 efficiency /200sf per one parking space = 176 spaces for office
125 Rooms x 1,25 Spaces per room = 157 Spaces for hotel
= 189 spaces if this space becomes office
Total Parking Spaces without reductions from shared parking (Residential+Office+Retail+Hotel) = 685 Spaces
Total Parking Spaces after reductions from shared parking = 593 Spaces Required
5 Parking levels (one underground level) @ 136 Spaces per level = 680 Spaces Provided
Between the hours of 6.00pm to 6.00am - 250 spaces
Between the hours of 6.00am to 6.00pm . 87 spaces
N:\2627-Boynton Beach-Mixed Use\Zoning Stucty\Boynton Beach Zoning Study With Katz Parcel.xls
Printed on 6/8/2006
Page 3 of 3
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XII. COMMENTS BY CRA STAFF
AMBIT MARKETING: LOGO PRESENTATION