Minutes 05-08-01
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING HELD IN COMMISSION CHAMBERS
BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 8, 2001 AT 6:30 P.M
.
PRESENTALSO PRESENT
Larry Finkelstein, Chairman Quintus Greene, Director of Development
Jeanne Heavilin, Vice Chair Lindsey Payne, Board Attorney
Michelle Hoyland Nancy Byrne
, Assistant Director of Development
(arrived at 6:40 p.m.)
José Aguila Dan DeCarlo, Neighborhood Specialist
Al DeMarco Dick Hudson, Senior Planner
Don Fenton Octavia Sherrod, Community Redevelopment
Henderson Tillman Administrator
I. Call To Order
Chairman Finkelstein called the meeting to order at 6:35 p.m.
II. Roll Call
The Recording Secretary called the roll and a quorum was declared present.
III. Agenda Approval:
A. Additions, Deletions, Corrections
Vice Chair Heavilin requested that Item IX. A, “The Bruce Group” be moved to
Item VI “Announcements and Presentations”.
B. Adoption
Motion
Vice Chair Heavilin moved to approve the agenda, as amended. Motion
seconded by Mr. Aguila.
Mr. Greene reported that Item VIII, Zoning Code Variance for John and June
Trach has been cancelled and should be removed from the agenda.
The motion for approval was further amended and seconded and unanimously
carried.
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
IV. Approval of Minutes:
Workshop Meeting April 7, 2001
Regular Meeting April 10, 2001
Mr. Fenton requested that the minutes of the April 7, 2001 Workshop be
amended on Page 16 under “Town Center – CRA Project or City Project”. Mr.
Fenton stated that the words “CRA seemed to disagree” in the next to the last
paragraph should read that the CRA was stronger in their feeling and this
wording did not correctly express the sentiments of the Board. Mr. Fenton felt
there was a strong consensus among the members against spending CRA funds
on City projects. Chairman Finkelstein concurred with Fenton’s assessment of
the discussion.
Mr. Greene reported that when the Financial Reports are discussed, they have
been revised to exclude the items that the Board questioned at the workshop.
Motion
Vice Chair Heavilin moved to approve the minutes, as amended. Motion
seconded by Mr. Aguila and unanimously carried.
V. Director’s Report
Mr. Greene reported on the following:
A. Financial Updates:
?
The Financial Statement of the CRA as of April 2001 was included in the
agenda packet and showed the balance in the account was $1,051,828.
Interest income for April is not included as yet.
Chairman Finkelstein noted that the budget did not contain a line item with regard
to the Board’s contract for services with the City. Chairman Finkelstein would
like to see monthly expenditures so that they could keep track of the $25,000
annual allotment.
Mr. Greene referred members to their packet, which included a summary for the
month April, that reflected staff costs for that month, as well as a cumulative
summary of January through April. Mr. Greene noted since the CRA is being
charged a maximum of $25,000 annually, staff saw no point in prorating this
every month and that the $25,000 would be assessed at the end of the year. Mr.
Greene further reported that this amount would be far exceeded because staff
costs are already at $16,376.
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Chairman Finkelstein also questioned “Page 2 of 3” entitled “Employee Billings
by Project: April”. Mr. Greene responded that this refers to time spent by staff on
the Town Square Area and by the Administrative Secretary of the Development
Department.
?
Mr. Greene distributed a report that was prepared by the Finance Director
regarding funding for the CRA to begin work. Mr. Greene reported that
discussions have been ongoing among the Finance Department and the City
Manager’s Office in order to meet the Board’s request of securing between $3
million to $5 million for land purchases. Included in the packet is an
amortization schedule for $2.5 million and $3 million with a 15-year
amortization schedule and consideration was given to what the CRA could
currently support in terms of increment income. $2.5 million over 15 years at
4.75% would come to $236,802 annual debt service. $3 million would be
$284,163. The CRA is currently generating a little over $300,000 per year.
B. Project Updates
Mr. Greene reported there are several projects in the CRA currently underway as
follows:
1. Eastridge PUD. This is a 31-single family residential project
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on 5 acres east of 4 Avenue and south of Gateway. There
is a new developer and staff will be asking the City to commit
$80,000 in SHIP funds for site improvements to assist the
developer. The price of the houses will be in the under
$100,000 range.
2. Staff was asked to look into funding through the Brownfields
Economic Development Initiatives that was presented at the
last meeting by Ms. Meg Smith, Economic Development
Specialist from the County. The issue was referred to Ms.
Octavia Sherrod, Community Redevelopment Manager, and
Mr. Greene requested that Ms. Sherrod report on her
findings.
Ms. Sherrod stated she read the rules and regulations and obtained an
application packet. Ms. Sherrod stated in applying for these grants it must be
done in conjunction with a Section 108 loan, which is a commitment by the City
to pledge future CDBG funding. There is approximately $25 million available on
an annual basis and the grant is competitive. The definition of a brownfield is a
site that is or has a suspicion of contamination and the applicant must own the
property. Whatever funding that the City would request would have to be
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matched by an equal amount. Ms. Sherrod gave an overview of the purposes for
which the funding could be used.
The three national objectives for Community Redevelopment must be met which
are: (a) it must benefit low and moderate income persons; (b) it must be used for
the prevention or elimination of slums and urban blight; and (c) it must address
eminent threats or urgent needs.
Ms. Sherrod also pointed out that the purpose of Brownfield Economic
Development Initiatives (BEDI) are to minimize the City’s future CDBG
allocations and was designed to strengthen the economic feasibility of projects
financed with Section 108 Loans. Also, the City would not receive notice of
funding unless HUD has approved the Section 108 Loan. Ms. Sherrod also
reviewed the restrictions for receiving BEDI funds.
Mr. Greene asked Ms. Sherrod if she was aware of any eligible sites in the CRA
and she stated she was not aware of any contaminated sites. Ms. Sherrod
determined in her research that a great deal of funding was used towards
industrial sites and old abandoned factories or vacant plazas. Ms. Sherrod said it
is important that if the City pledges its CDBG allocation. The project must be
designed to create an income to help pay the loan off.
Mr. Greene pointed out that there is a lot involved in applying for these grants
and these grants require the City to utilize the Section 108 Program, which
mortgages the City’s future CDBG allocation.
Mr. Fenton suggested looking at Zero Coupon Bond Funding and Mr. Greene
said he would look into this.
Mr. DeMarco inquired if Mr. Scott Blasie of the City’s Code Compliance
Department was consulted to determine if there were any brownfields in the City?
Ms. Sherrod stated that she did not consult with him on this and Mr. DeMarco
suggested she do so.
Chairman Finkelstein inquired on the amount of a minimum loan and Ms.
Sherrod did not think there was a minimum; however, there is a cap of $2 million.
3. With regard to the MLK Boulevard project, Mr. Greene
st
reported that a contract was awarded May 1 to the
Strategic Planning Group of Jacksonville in the amount of
$45,000 with $5,000 for reimbursables. These funds were
derived from a grant that was secured by Mr. Dan DeCarlo,
the City’s Neighborhood Specialist. The company was
selected based upon their strengths, economic analysis and
community participation.
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4. Town Square and the Marina Project will be discussed
further on in the meeting.
C. Future Agenda Items
None
D. Commission Action Update
Mr. Greene reported that on May 1, the City Commission approved two variances
that came before the CRA to allow single-family homes on substandard lots in R-
II Zoning Districts. The Commission tabled on second reading the Federal
Highway Corridor Redevelopment Plan, pending staff’s responses to questions
raised by Commissioner Fisher. Commissioner Fisher had concerns regarding
the definitions of hotels and motels, timeshares, bed and breakfasts and whether
or not retail goods could be displayed outside. Staff is preparing a formal written
response to the Commission to address those questions. Also, Ms. Mellgren will
be at the next Commission meeting to answer any questions.
VI. Announcements and Presentations
Chairman Finkelstein announced that there will be a joint workshop to discuss
apartments among the City Commission, Community Redevelopment Agency
and the Planning and Development on Thursday, May 10, 2001 at 6:30 p.m. in
the Library Program Room.
A. The Bruce Group: Presentation of design concept for
proposed Boynton Beach Promenade and Adjacent Marina
Project
(moved up on the agenda)
Mr. Bruce Jarvis
assumed the podium and stated they were present tonight to
get an approval from the Board in concept with regard to the design of the
Boynton Beach Boulevard extended project. Mr. Jarvis introduced Messrs.
Roger Fry, the Marina’s design architect, Mike Fawley, the Civil Engineer and
James Hoffman, the architect for Two Georges. Mr. Jarvis presented several
artists’ renderings of their proposal, which included aerials and surveys.
Mr. Roger Fry
, the Architect, pointed out changes in the design beginning with
the roadway. The original roadway was behind the building and will be moved
over to the Marina in order to link the pedestrian connection between the park
and the retail and restaurants out on the marina instead of behind the parking
garage. It is intended to connect the vehicles and pedestrians all in one instead
of using two separate means of getting to the Marina. In order to achieve this,
the sidewalks will be separated from the streets by landscaping and large trees
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and parallel parking spaces will be provided. Pointing to the artist’s rendering,
Mr. Fry indicated that the street would begin where the mangroves start, which
will be done in pavers with parallel parking on both sides along the Marina. In
order to accomplish this, a 60’ right-of-way would be necessary.
With regard to the park, Mr. Fry stated it has no defined edge and they are
proposing to put up an urban type wrought iron fence along the park. The fence
would be separated from the sidewalk by a 4’ hedge. There would be defined
entrances and exits with trees, flowers and lights. The Park would be completely
accessible and could be locked at night, if this was desired. The sidewalk would
be approximately 10’ to 12’ from the apartment building to give the feeling that
the apartments are part of the street.
Mr. DeMarco inquired if the street would be one-way and was informed the street
would be two-way. Mr. Fry explained how they intended to create a loop so that
a person could get back to the point where he started from.
Mr. Fenton inquired if the developer owned the right of way and discussion
ensued on who owned the property beginning at the Moore property to Federal
Highway. Mr. Jarvis stated if they received approval of the cross-section of the
extended Boynton Beach Boulevard, they could move forward.
Mr. Fry said when he came onboard he noticed that the parking was on the
bulkhead and there was a change in elevation from the two parking areas. By
redesigning the apartment buildings they were able to find 10 ½’ that could be
used as a boardwalk. He said they would like to bring this same idea around the
site to create friendly walking streets. Mr. Jarvis said that an additional 8’ of
footage was found after reviewing the surveys. The walkway will be extended
over to the Two Georges’ marina and they will bring their elevation up to the
same level of the street. The original retaining wall has been replaced with 6’ of
landscaping with more parking and 10’ of walkway along the edge of the marina.
Mr. Tillman inquired who owned the streets in front of the apartments. Mr. Jarvis
illustrated on the drawing where the public street ends and the private street
begins. There will be public and vehicular access for everyone.
Ms. Hoyland inquired why some of the street was pavers and some was asphalt?
Mr. Fry said that the public street would be asphalt. Ms. Hoyland said she would
like to see continuity in the streets and not go from asphalt to pavers. Mr. Jarvis
responded that they could use a combination of asphalt and pavers.
Chairman Finkelstein pointed out when the Promenade was envisioned it was
envisioned as a convertible street that could be converted from vehicular to
pedestrian. This would allow the area to be used for events that would utilize the
entire length of the Promenade. Chairman Finkelstein inquired if parallel parking
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would be placed on the proposed Promenade portion to satisfy parking
requirements for the residential element. He felt the original intent was that the
area would be open to people using the park?
Mr. DeMarco asked if the shops in the area are in favor of this concept and would
it have any effect upon their businesses? Mr. Jarvis felt that any traffic that is
generated into this area would help all the shop owners including the shop
owners on Ocean Avenue.
Chairman Finkelstein asked if consideration would be given to placing any 12’
landscaped medians on the roadway. Mr. Fry stated that there would not be
enough room for a median, which would require an additional 20’.
Ms. Hoyland said she would prefer not to see a fence around the park or a
locking gate since the park is more of a passive park and suggested adding more
landscaping in place of a fence. Mr. Jarvis responded that the fence would be a
see-through fence. Mr. Fry stated that a good urban park creates an edge to
define what is the park and what is not the park. Ms. Hoyland used Old School
Square in Delray Beach as an example, which achieves this look without a fence.
Chairman Finkelstein inquired if they were looking for design guidelines tonight or
a consensus from the Board that the project is moving in the right direction? Mr.
Jarvis stated they were seeking the latter.
Ms. Hoyland inquired how long it would take them to generate conceptual
elevations? Mr. Fry stated that would be the next step. Mr. Jarvis said their
objective is to begin construction in June. Mr. Hoffman stated they are planning
to begin the work for Two Georges in June or July because they are waiting for
direction from FPL.
Ms. Hoyland inquired about the architectural style of the buildings and Mr. Fry
stated that Visions 20/20 addressed a Keys/plantation style of design.
Chairman Finkelstein asked if the developer had spoken to the City’s Park
Department to determine who would be responsible for electricity and clean up
when festivals take place? Mr. Greene said there is no need tonight to address
this and that tonight they are looking for a consensus. These details would be
addressed as the design stages progressed. Mr. Greene also pointed out that
tonight was to show how the City is working with the developer to get the
Promenade built.
Mr. DeMarco said he was very pleased with what he saw tonight and felt that the
Board should vote on the concept so that the developer could continue to move
forward. Mr. Fenton said he would like assurances that the continuation of the
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Promenade would be the same plan throughout which the Board agreed they
preferred.
Mr. Jarvis inquired if the City was requesting that the color of the pavers match?
Ms. Hoyland felt that whatever is used should be complementary with what is
already in place. Chairman Finkelstein said that these items would come back
to the Board and did not need to be addressed tonight.
There was a consensus among the Board members that the project was heading
in the right direction and they looked forward to seeing the project move to the
next phase.
VII. Unfinished Business
Chairman Finkelstein stated he would like to set the date for the Board’s next
workshop. After discussion, it was determined that the next workshop would be
th
Saturday, June 9 in Conference Room C from 9:00 a.m. to 3:00
held on
p.m.
VIII. Public Hearings
Chairman Finkelstein requested that Attorney Payne administer the oath to all
persons who would be testifying. Chairman Finkelstein stated that anyone who
wished to speak was free to do so.
Zoning Code Variance
:
Land Use Amendment/Rezoning
1. Project Name: A Pink Princess – LUAR
Agent: Bradley Miller
Owner: George & Maron R. Uhazie
Location: 1120 S. Federal Highway
Description: Small scale Land Use Amendment from
Office Commercial (OC) to Local Retail
commercial (LRC) and Rezoning from
Office and Professional Commercial (C-
1) to Neighborhood Commercial (C-2)
for a .73 acre parcel of land.
Mr. Bradley Miller
, of Miller Land Planning Consultants, took the podium and
stated he would be representing the applicant.
Chairman Finkelstein requested that staff make their presentation first.
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Mr. Mike Rumpf, Planning and Zoning Director, stated this is a small-scale land
use plan amendment to the rezoning on the east side of Federal Highway just
north of Woolbright. Currently the building is part of the Colonial Center, which is
an office complex, zoned C-1. The subject property previously was a bank and
real estate office.
The new owner of the property purchased it with the understanding that it could
be used for retail purposes, thus necessitating tonight’s hearing to use the
property as a retail shop. Staff concluded that although this is not the most
preferable zoning with respect to the surrounding zonings, staff feels that the
corridor is in transition and the proposed use would be consistent with the vision
and recommendations of the consultant for the corridor plan. Staff recommends
approval of the project.
Mr. Aguila asked what the store would be selling and Mr. Rumpf stated it would
be used as a boutique and doll shop. Vice Chair Heavilin stated she had
concerns because the Federal Highway Study stated that automotive should not
be allowed and if the zoning were changed to C-2 this would allow this type of
use. She asked if there was any way that the Board could prevent these uses.
She felt the boutique and doll shop would be a good use for this area, but would
like assurances that automotive uses would not be allowed.
Mr. Rumpf concurred with Vice Chair Heavilin, but pointed out these uses are
going to be addressed formally by the comprehensive revaluation. Staff will be
following up with rezoning, land development regulation changes and
comprehensive plan amendments to address this issue. Staff will be looking at
each of the zoning districts that will be recommended in the corridor.
Chairman Finkelstein pointed out that even without the zoning in progress, this
parcel could be limited to C-1. Mr. Aguila stated that he has a problem with this
request, and he felt it does not matter what the applicant wants to do with the
property because the zoning goes with the land. Mr. Aguila asked what would
happen if the property were changed to a C-2 zoning? Mr. Rumpf responded
that C-2 would allow a host of retail uses, which could include automotive and
marine related uses, as well as convenience stores.
Vice Chair Heavilin inquired if the Board could grant a conditional use for this
use? Mr. Rumpf replied if this approach were taken it would fall into “contract
zoning”.
Mr. Miller stated that currently the applicant has a business in Boca Raton, which
is similar to what she is proposing in Boynton Beach. The applicant chose this
property because of its ambience and charm and the Banyan trees on the site.
The applicant proposes to sell girls clothing, dolls and gift items. Mr. Miller also
noted that the applicant purchased the property thinking that it could be used for
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retail purposes. The applicant has already made some improvements, including
painting the building. Mr. Miller pointed out that there are various current uses
along the corridor which include the Colonial Center Office Complex, which is
immediately to the south and there is a travel mart and hair salon to the north of
the property. Immediately across the street is a closed gas station and a
convenience store and laundromat. An I-Hop Restaurant is located to the south.
Mr. Miller pointed out that they do not plan to make changes to the property
except some interior changes and some outside improvements from an aesthetic
standpoint. The property consists of two parcels and is bisected by Southeast
thth
11 Street. The majority of the property is located to the south of SE 11. The
parking space that is there would be sufficient. Mr. Miller said he read the
Corridor Study and felt the applicant’s business would meet the requirements of
recommended businesses.
Chairman Finkelstein announced the public hearing.
Mr. Don Kree
, 630 Castilla Lane, Boynton Beach, was administered the oath by
Attorney Payne. He stated that his property abuts the applicant’s property to the
east. Mr. Kree would not like to see a convenience store or auto parts store
located next to his property. However, he was in agreement with the proposed
use, but would not like to see the zoning changed. He said he would support the
use if it could be limited to what is being proposed tonight.
Mr. Miller said that the applicant’s proposed use would be far less intensive than
when the building was a bank with a drive-thru. Mr. Miller stated that the
applicant is committed to the property and will be closing her business in Boca
Raton in order to move to Boynton Beach. She is currently moving her inventory
to Boynton Beach. Mr. Miller said they would be in agreement to restrict some of
the possible uses if that was an option.
Mr. Harvey Oyer,
512 N. Seacrest Boulevard, Boynton Beach said that tonight’s
problems highlight a problem that exists in the City which is there is no ordinance
to protect historic buildings. Mr. Oyer stated this property was built as a bed and
breakfast back in the early 1930’s. Mr. Oyer would like the City to adopt an
ordinance to protect buildings over a certain age. If this kind of ordinance were in
existence, it would be impractical to change the building to a convenience store
or auto parts store. Mr. Oyer also stated that he would like to see a requirement
that older buildings be saved and moved to other sites.
th
Mr. Brian Edwards
, 629 NE 9 Avenue, Boynton Beach noted that there has
been a lot of discussion about the Corridor. Mr. Edwards said he was sorry to
see that the zoning in progress was not extended and that could have addressed
the issue at hand.
Chairman Finkelstein closed the public hearing.
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Mr. Aguila inquired what the square footage of the building was and was
informed it was a two-story building and including both floors, it is approximately
5,300 square feet.
Mr. Tillman stated that he felt the project would fit well into the community. Mr.
Tillman pointed out that this same scenario came up previously before the City
regarding a project being proposed for the MLK Boulevard. Mr. Tillman would
not like to see the City get into a spot zoning type situation and does not want the
Board to sway from its decision to stick with the consistency being sought for the
Federal Highway corridor. Although he liked the project, he could not support it.
Mr. Aguila said he is looking at the item if it became C-2. When he sees the
permitted uses in a C-2 zone, there are uses that he would not like to see in this
area. The City would have no control if the applicant at some time went out of
business and another business came in. Also, Mr. Aguila was not in favor of spot
zoning and was not in favor of changing the zoning because of what could
happen in the future.
Mr. Miller inquired if there would be a method to employ a restrictive covenant
that would preserve the proposed use. Attorney Payne said this could not be
done. Mr. Greene pointed out there is a basic zoning principle called “contract
zoning” and you cannot condition the zoning.
Vice Chair Heavilin asked Mr. Rumpf if there were any alternatives to approach
the issue. Mr. Rumpf replied that retail sales are not allowed in a C-1 zoning
district. Other than a Code modification, there is no other way. A Code
modification can be more complicated because it would involve an entire City
zoning district .
Chairman Finkelstein summed up by stating that the Board liked the idea of the
applicant, but wanted to stay with their plan and to abide by the Corridor study
and not make spot zoning decisions.
Mr. Miller said they first approached the project by doing a text amendment to the
Code and to create a category for a boutique-type use, limited by square footage,
hours of operation and the use itself. Mr. Miller asked if a text amendment would
be possible to a C-1 zoning to permit this type of use? Mr. Aguila stated that to
do a text amendment to allow one particular retail in a zoning that otherwise
doesn’t allow it, could end up causing more problems. Mr. Rumpf agreed with
Mr. Aguila.
Mr. DeMarco inquired why a gasoline station was allowed across the street and
Mr. Rumpf stated that the west side of Federal Highway is a C-3 zoning district.
Mr. DeMarco felt that the project was worthwhile and that the Board was just
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second-guessing on what might occur in the future. Mr. Finkelstein pointed out
that the applicant still has to appear before the City Commission for approval.
Ms. Heavilin pointed out that the subject property abuts a neighborhood of
upscale homes in the $400,000 and up category.
Ms. Hoyland said that she could support the project because there is a great
distance between the subject property and the property to the west and perhaps
the applicant could put in a heavier density of landscape area on any side that
abuts a residential area. Mr. Tillman said that if the Board took this approach, it
would be setting a precedent and that the Board needs to be consistent in its
direction. Ms. Hoyland pointed out that staff did a study and determined that the
project meets the requirements and a justification for rezoning exists. Mr. Miller
pointed out that this location is the only C-1 pocket of zoning along the Federal
Highway Corridor. Mr. Aguila stated that the C-1 zoning was put in to protect the
residential neighborhood.
Motion
Mr. Tillman moved to disapprove. Motion seconded by Mr. Aguila. Motion to
deny carried 5-2 (Ms. Hoyland and Mr. DeMarco dissenting).
Mr. Aguila requested that procedurally, once the Board hears from staff, the
applicant and public audience and the applicant again, at that point, he would like
to keep the discussion among the Board members only. Chairman Finkelstein
agreed to this procedure.
Zoning Code Variance
2. Project Name: John and June Trach – setback variance
Agent: N/A
Owner: John and June Trach
Location: 2623 Lake Drive North
Description: Request relief from Chapter 2 Zoning, Section
5, C.2.a., to construct an addition to the rear
portion of an existing home allowing a six (6)
foot setback on the south side and the north
side of the property in lieu of the 7.5 foot side
setback required by code.
ITEM CANCELLED AND REMOVED FROM AGENDA
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Zoning Code Variance
3. Project Name: Zuhair Marouf – Lot Size Variance
Agent: N/A
Owner: Zuhair Marouf
Location: A portion of lots 4 & 5 of
Sam BrownSubdivision
Description: Request relief from Land Development
Regulations Chapter 2, Zoning Section 6.C.3.
to allow development of a car wash facility on a
9,908 square foot parcel in lieu of the 15,000
sq. foot minimum lot area required by the C-3
Zoning District Regulations.
Mr. Rumpf said that the applicant is seeking relief from the minimum lot size
requirements. Staff has researched and determined that the property was
originally zoned C-1, which would have limited it to a minimum lot size of 9,000,
which the lot would have met. Changing the zoning to C-3 in 1975 made the lot
subject to a minimum lot size of 15,000 square feet. The property owner
purchased the property subsequent to the property being severed with the
understanding that it would be developed.
Mr. Rumpf said that the gas station is non-conforming and originally the applicant
asked staff if the lot could be assembled with the gas station parcel and staff
stated that it could not. The gas station, being non-conforming, prohibits
expansion. Staff only focused on how the property became non-conforming,
rather than the proposed use. The variance issue is limited to the fact of whether
there is a hardship and how the property became legally non-conforming. Staff
recommends approval of the project.
Mr. Michael Weiner assumed the podium and stated he was present on behalf of
the applicant who is also present tonight. Mr. Weiner stated that the applicant
has substantially upgraded the station. Mr. Weiner stated that the item is
completely different from the first item heard tonight. Mr. Weiner stated the
property is already zoned C-3.
Mr. Weiner stated that there were six staff conditions and the applicant meets all
six. Mr. Weiner read the six staff conditions into the record. Mr. Weiner pointed
out that the property was changed to C-3 zoning by the City and not the
applicant. The applicant wants to blend in with the neighborhood and not stand
out. The applicant proposes the following:
1. He will meet or exceed all landscaping codes;
2. He would place a no left turn sign at the exits to keep vehicles from
going through the neighborhood;
3. The car wash would close at dark;
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4. A 6’ privacy wall will be put up; and
5. Purchase the most efficient equipment so that there would be little
or no noise associated with the operation of the equipment.
Mr. Weiner gave the Recording Secretary to place in the public record a petition
that was signed by 1,300 Boynton Beach residents in favor of the car wash. Also,
there is a letter from the President of the Inlet Harbor Association and all 65 unit
owners do not object to the project.
Mr. Weiner also stated that the applicant meets the law and that the minimum lot
size would deprive him of all beneficial use. Mr. Weiner distributed two case laws
for the record to support this. Mr. Weiner requested to speak after the public
hearing is closed.
Richard Zoller
, 649 Las Palmas Park, Boynton Beach said he was speaking on
behalf of the residents on Las Palmas Parkway. He pointed out there are 11
homes on this street and at the end of the street is a newly developed community
called Presidential Way. Mr. Zoller said that neither he nor other residents in the
area received notice of the variance. Mr. Zoller stated that he has a petition
signed by residents in the area that are against the variance (a copy of the
petition is included with the original minutes). Mr. Zoller stated the property had
originally been purchased to build an office for the limousine service operated by
Mickey Pepper Limousine Service, but never got built. Mr. Zoller said when Mr.
Pepper purchased the property he was told he could not build an office because
it was only zoned for residential.
Also, Mr. Zoller had concerns that a car wash would create traffic congestion at
the beginning of the street because of the narrowness of the two-lane road. Mr.
Zoller said he could envision cars lined up blocking the street to get into the car
wash. Mr. Zoller also presented a letter from Colleen Beckner who lives adjacent
to the property opposing the car wash (a copy of the letter is included with the
original minutes). Ms. Beckner in her letter states that she has a big
drainage/flood problem, which begins at the driveway to the Texaco station and
runs into her driveway, carport and yard. Ms. Beckner in her letter also pointed
out that there are already three car washes in the North Federal Highway area.
Mr. James Warnke
, 617 Lakeside Harbor, Boynton Beach, a 35-year resident of
Lakeside Harbor, said the area has been R1-AA since it was platted in 1896. Mr.
Warnke felt that the car wash, which would be 500’ from his home, would create
noise. He pointed out that the variance is less than one-third of the required lot
for the project. Mr. Warnke presented a petition of the residents of Lakeside
Harbor that are against the car wash (a copy of which is included with the original
minutes).
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Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
Ms. Sandra Bailey
, 644 Las Palmas Park, Boynton Beach was administered the
oath by Attorney Payne. Ms. Bailey said that the added traffic exiting from the
gas station has made it difficult to walk her dog on the street. Ms. Bailey feels
that much more traffic would be added if a car wash was permitted.
Mr. Terry Pereira
, 7692 Colony Lake Drive, Boynton Beach said he has been a
customer of the gasoline station for 20 years. Mr. Pereira said he signed the
petition in favor of the car wash and would like to see a car wash on the property.
Mr. Pereira said that a car wash would be much quieter than a repair shop that
used to be part of the gasoline station. Mr. Pereira pointed out that this has
always been a bad intersection and nothing has changed. He did not feel that a
car wash would increase traffic.
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Mr. Brian Edwards
, 629 NE 9 Avenue said he was in favor of the car wash.
Mr. Edwards pointed out that the car wash would be in back of the gas station.
Further, Mr. Edwards stated that of all the businesses on Federal Highway, the
owner of this property has gone above and beyond his duty to clean up the area.
Mr. Edwards felt that the owner would do the right thing for the neighborhood.
Mr. Richard Conklin
, 1C Crossings Circle said he lives directly across the street
from the gasoline station and said he is favor of the car wash. Mr. Conklin said
that the car wash would beautify the area. He pointed out that a car wash would
generate more revenue for the City and would look better than just having an
empty lot.
Ms. Marilyn King
, 632 Las Palmas Park, Boynton Beach stated she never
received notice of the variance and was not in favor of looking out her window
and seeing a car wash. She felt the value of her property would decrease by
having a car wash in the neighborhood.
Chairman Finkelstein closed the public audience.
Mr. Weiner presented photos of the vacant lot to the members. Mr. Weiner
pointed out that they would be improving the area by putting in landscaping and a
wall to separate the car wash from the neighbors. He said they want to work with
the neighbors and would be willing to design the ingress and egress so that
people would be entering and exiting in one direction.
Mr. Aguila inquired if there were any other reasons why the gas station was non-
conforming, and Mr. Rumpf replied they did not evaluate the project in this
manner. Mr. Aguila inquired if the variance was granted would the properties be
unified by title and would this constitute an expansion of the non-conforming
use? Mr. Rumpf replied if the properties were tied together this would be an
expansion of the non-conforming use. Mr. Rumpf stated, however, that the
granting of the variance would not make the car wash a non-conforming use.
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Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
Mr. Fenton inquired if the car wash would create more run off in the
neighborhood? Mr. Rumpf stated the car wash would recycle the water and the
operation itself would be very contained.
Ms. Hoyland inquired if the lot has always been vacant and Mr. Rumpf stated that
it has as far as he knows. Ms. Hoyland said she would like to look at any
conceptual plans if any were available because once the variance is granted,
another use could be permitted. Attorney Payne pointed out that the Board is
granting a variance for this use only.
Ms. Hoyland would like assurances that the car wash would remain totally
independent of the gas station. Mr. Tillman asked if there would be an attendant
taking money or would it be automated?
Mr. Steve Marouf
, owner of the property, took the podium said he could hire a
cashier to keep the businesses separate. Mr. Tillman inquired what would
actually be built on the property. He further stated that it would be a full service
car wash. Mr. Tillman felt this would create a traffic line out to Federal Highway.
Mr. Marouf stated that the car wash would be fully automated and that there
would be no back up of cars because people would remain in their vehicles as
they drive through the car wash.
Mr. Aguila asked staff when the property is developed would all the development
standards imposed upon the property be as if it were a stand-alone, owned by an
individual not associated with the owner of the Texaco station? Chairman
Finkelstein said that he spoke to Mr. Rumpf on this same subject and noted there
were problems regarding egress and ingress and that there were problems with
the neighbors. He further pointed out that there are properties already in the City
that have cross parking, cross egress/ingress, cross easements and the
properties are owned by separate owners. Mr. Rumpf replied that there are
certain uses in the City that share access points.
Mr. Aguila further asked when the site plan comes to staff for review and the
access and egress was shown as through the gas station and not through Las
Palmas, what would staff do? Mr. Rumpf said staff would feel this is
inappropriate and contrary to what has been discussed with the applicant. Mr.
Rumpf said the property would be treated as a stand-alone site and would
require buffering against the two abutting properties where needed.
Mr. Aguila said he is not certain that the applicant has met the six criteria for
hardship. Mr. Weiner said that the City can put conditions on the application and
that they want to be a good neighbor. He stated that the applicant has met the
burden of proof on the six items and meets the standards for a variance in
accordance with State law.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
Ms. Hoyland inquired if the Board could put restrictions on the variance with
regard to the wall or landscaping and Attorney Payne stated they could not with
this type of condition. Ms. Hoyland asked the applicant what his current hours of
operation were? Mr. Marouf replied they operate from 6:00 a.m. to 12 midnight.
The car wash, however, would close at dark. Ms. Hoyland suggested limiting the
operating hours of the car wash from 8:00 a.m. to 6:00 p.m.
Motion
Mr. Aguila moved to recommend denial of the request for relief from LDR
Chapter 2, Zoning Section 6.C.3 to allow development of a car wash facility
based on the fact that he is not certain that the burden of proof has been
demonstrated. Motion seconded by Mr. Fenton.
Chairman Finkelstein requested that that the Recording Secretary call the roll.
Chairman Finkelstein pointed out that an “aye” vote would be for denial of the car
wash. Motion failed 3-4 (Chairman Finkelstein, Vice Chair Heavilin, Ms. Hoyland,
and Mr. DeMarco dissenting).
Motion
Ms. Hoyland moved to approve the variance request with the condition that the
hours of operation would be limited from 8:00 a.m. to 6:00 p.m. Motion seconded
by Mr. DeMarco.
Vice Chair Heavilin suggested amending the hours of operation to accommodate
the working population.
Ms. Hoyland amended her motion to limit the hours of operation from 7:00
a.m. to 7:00 p.m., seven (7) days per week. Mr. DeMarco seconded the
amended motion.
Chairman Finkelstein requested that the Recording Secretary call the roll.
Motion carried 4-3
(Messrs. Tillman, Aguila and Fenton dissenting).
4. Project Name: Mangrove Park School (Old High School)
Owner: City of Boynton Beach
Location: 125 East Ocean venue
Description: Staff report on demolition vs. rehabilitation
Mr. Greene referred members to the report included in their packet dated April 4,
2001, which outlines the costs associated with refurbishing the Old High School
versus costs associated with demolishing it and creating approximately 50
parking spaces on the site. The cost to rehabilitate is estimated to be in the
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
range of $3 to $5 million, depending upon the use. Demolition and the
installation of the parking would cost approximately $250,000. Staff recognizes
that there are citizens that would like to see the building preserved. Mr. Greene
went on to point out that since preservation was discussed in 1993, the building
has since deteriorated and none of the proposals brought forward for
preservation have included a realistic plan to finance the renovations. All
proposals have been based on the City providing the funding to cover the
refurbishing costs.
Even if the building qualified as an historic structure, the maximum funding
available for restoration from State or Federal sources is less than $250,000 and
usually comes with stringent conditions. The High School itself is of questionable
architectural character and obscures the views of the 1913 Children’s Museum.
Based upon the facts and expenses involved, Mr. Greene stated that staff finds it
difficult to commit any City funds to this project. The redevelopment plan being
prepared for the surrounding area will provide the City with a true Town Square;
therefore, staff recommends demolition of the Mangrove Park School. Members
were referred to the artists’ rendering of the proposed Town Square area, which
excludes the old High School.
The following persons spoke in favor of preserving and refurbishing the old High
School.
Marie Shepard
, 1 Ridge Point Drive, Boynton Beach stated she is a native of the
City and that she and her siblings graduated from the old High School. Ms.
Shepard pointed out that the City has never made any attempts to save the
building in order to prevent deterioration and just let the building sit. She said
she was under the impression that the old High School could qualify for the
National Register. Ms. Shepard requested that the City reconsider its decision
and to allow the school to be used as a charter school or auditorium which has
been proposed.
Mr. Wayne Owens,
Chairman of the Board of Directors and co-founder of the
Charter School of Boynton Beach would like to put a charter school in the old
High School to serve children ages K through 5 to focus on computers and
foreign languages. Mr. Owens spoke on the importance and needs of a charter
school in the City. He pointed out in 1993 there was a survey that indicated that
over 80% of residents wanted to see the old High School renovated. Mr. Owens
said that they were not seeking all the financing from the City.
Ms. Pamela Owens
, Principal of the Charter School of Boynton Beach said she
intends to collaborate with the alumni of the Old High School to maximize the use
of the building. Ms. Owens stated that they could receive help to rehabilitate the
building from the State and the Federal government. She said you cannot put a
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
price on quality education for the children in the City. She further discussed the
school situation in the City, a great majority of which have students receiving free
or reduced lunch. She pointed out the benefits of bringing a Charter School into
the City and how everyone would benefit.
Mr. Harvey Oyer
, 512 N. Seacrest Boulevard, Boynton Beach said that he and
his sisters graduated from the old High School. Mr. Oyer pointed out that when
the school was originally closed, the City asked the School Board to give the
property to the City, which in fact it did at no cost to the City. He too said that the
City has neglected the building. Mr. Oyer suggested the school could be
refurbished through a bond issue. Mr. Oyer summed up by saying that the City
needs some cultural attractions in order to bring people into the community.
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Mr. Brian Edwards
, 629 NE 9 Avenue, Boynton Beachsaid thatfor the past
six months he has served on the PATCH committee and he learned that there
are a great many needs in the community that most people are not aware of.
Mr. Edwards would like to see the City partner with the community to bring the
Charter School to Boynton Beach. Mr. Edwards pointed out that by refurbishing
the school, there would be a beautiful building in the City which would display the
City's heritage and serve the community at the same time. Mr. Edwards said he
would like to know the cost of the Town Square.
Ms. Voncile Smith
, 1747 Banyan Creek Court, Boynton Beach said that the City
needs to preserve its history and that the City has an obligation to its youth to
establish a heritage in the City.
Chairman Finkelstein closed the public hearing.
Ms. Hoyland felt that some of the architectural details could be salvaged and
might be useable in other buildings in Town Square, but saw no point in keeping
the building. Spending $3 to $5 million to rehab is an exorbitant amount of
money. Ms. Heavilin asked if the $5 million would cover all the expenses to
refurbish the building? Mr. Greene stated this is an estimate and it would depend
upon the specific use of the building. The building is not suited to become a
school and does not meet the code requirements to be a school. Also, Ms.
Heavilin raised the point of the possibility of asbestos being present in the
building, as well as soil contamination.
Mr. Aguila pointed out that when 80% of the people in 1993 wanted to refurnish
the school when the question of paying for it was raised, the support diminished.
Mr. Aguila said he would like to see the building stay and suggested that parts of
the building could be salvaged, but did not realistically think that the building
could be saved. Mr. Aguila suggested that further studies should be undertaken
before making a final decision. However, he does not want to see the City spend
this amount of money to try to save the building.
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Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
Mr. Tillman said that he agreed that heritage is important, but in reality the
building has to go and the City has to move on.
Mr. Fenton pointed out that if refurbishing the old High School has been in
discussion since 1993, where is all the money that people were going to raise?
Also, he questioned why a decision has not been made before this point? Mr.
Fenton inquired if a decision had to be made tonight and perhaps the money
could be raised to save the building? Ms. Hoyland pointed out that the longer the
building sits, the more it would cost to preserve it and that she is willing to make
a decision tonight.
Vice Chair Heavilin pointed out just because a building is old doesn’t mean that it
has to be saved. She did agree with Ms. Hoyland about salvaging some of the
building if possible. Chairman Finkelstein pointed out that the Visions 20/20 plan
does include the old High School, but the same questions were discussed at that
time as well.
Chairman Finkelstein would like the Board to make a decision tonight. The Board
is an independent Board and was appointed to take the political aspects out of
the process. He pointed out that no tax income would be generated from saving
the school and the Board needs to decide whether the school would remain part
of the Town Center plans.
Vice Chair Heavilin stated that the City has much more important needs for the
money than to save the old High School. Mr. Fenton suggested delaying the
issue for six months to see if any funds could be raised. If not, they could then
vote for the demolition. Mr. DeMarco suggested that expert people who have
worked with historical properties could market the property and that the property
could be placed on the Internet. Mr. Fenton said that this should be done by the
private sector and he would not want to see the City spend another dollar on
saving the property. Mr. Greene pointed out that the Fire Department has
directed City Departments to remove all their storage from the building because
the building has been condemned.
Motion
Mr. Tillman motioned to move forward with staff’s Town Center conceptual plan.
Motion seconded by Mr. Aguila with a request for clarification.
Mr. Aguila inquired if the motion was to proceed with the plan or was the motion
. Mr. Tillman stated that his
to proceed with the demolition of the building
motion includes approval of staff’s recommendation to demolish the
building.
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Community Redevelopment Agency
Boynton Beach, FL May 8, 2001
Vice Chair Heavilin requested that the motion include a statement for staff to
determine what could be salvaged. Mr. Greene said there may be some
architectural features worth preserving and staff is prepared to consider that.
Mr. Tillman further amended his motion that staff retain certain
architectural features as deemed necessary by staff. Mr. Aguila seconded
the amended motion.
Mr. Fenton requested that the motion be amended to not take effect until
November 7, 2001. It was agreed to let staff determine the timing.
Motion carried 6-1
(Mr. Fenton dissenting)
IX. Public Audience
None
X. Other
Mr. Aguila inquired when the Board would be furnished with more legible maps?
Ms. Hoyland also requested that the Board be furnished with surveys with all
applications.
Ms. Hoyland was extended condolences on the passing of her grandfather,
which resulted in her missing the past two meetings.
XI. Adjournment
There being no further business, the meeting properly adjourned at 10:35 p.m.
Respectfully submitted,
_____________________________
Barbara M. Madden
Recording Secretary
(four tapes)
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