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Minutes 12-08-99 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, DECEMBER 8, 1999 AT 6:30 P.M . PRESENT: ALSO PRESENT: Gerald Broening, Mayor Wilfred Hawkins, Interim City Manager William Sherman, Mayor Pro Tem Jim Cherof, City Attorney Nellie Denahan, Commissioner Dale Sugerman, Assistant City Manager Ron Weiland, Commissioner Mike Rumpf, Planning & Zoning Director Nancy Byrne, Acting Director of Dev. ABSENT Henderson Tillman, Vice Mayor I. CALL TO ORDER Mayor Broening called the meeting to order at 6:35 p.m. II. AGENDA APPROVAL Mayor Broening requested the addition of Item VII. B. “ Presentation on City Gateway” by Kilday & Associates. Mayor Broening called for a motion to approve the agenda. Motion Commissioner Denahan moved to approve the Agenda, as amended. Motion seconded by Mayor Pro Tem Sherman, which carried unanimously. III. PRESENTATIONS Mayor Broening suggested that the presentation be moved up under this item. Presentation on City Gateway by Kilday & Associates Mr. Jon Schmidt took the podium along with Beau Spurlock of Kilday & Associates. Mr. Schmidt commented that Kilday & Associates has over five years of experience doing beautification projects throughout the City and that City staff asked Kilday and Associates to come up with some preliminary concepts for a new City Gateway into Boynton Beach. It was determined that the sign should be a major entry feature into the City. The new gateway should create a sense of entry and arrival, as well as creating community pride. Mr. Schmidt displayed MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 artists’ renderings of the City Gateway for the Commissioners and audience to review. The Gateway would include the southeast quadrant at the intersection of I-95 and Boynton Beach Boulevard. Mr. Schmidt pointed out various locations on the drawings as he made his presentation. The site is FDOT right-of-way and said they have met with FDOT and that the City staff has met with the Holiday Inn, which has expressed an interest in enhancing the area as well as doing some of the maintenance for the area. Mr. Spurlock said that in order to create an effective City Gateway the design should branch out into adjacent median areas, both east and west of I-95. The Gateway also needed to be elevated and brought up close to Boynton Beach Boulevard. Kilday & Associates came up with two designs. Old Florida Theme The first design is calledtheand asked members to refer to the artist’s rendering on this theme. This theme tries to capture the essence of South Florida by using building and plant materials native to South Florida. The main feature of this entry is a large tiered retaining wall that will have seating alongside it with terraces that would be planted with landscaping. Large earth berms would be located behind it containing tropical plants. The plan also envisions three large native Florida fig trees behind the berm. This in effect would screen the Holiday Inn from the street. Mr. Spurlock reviewed how the sign would be designed and constructed. The facing on the retaining wall would be in a native South Florida coral style. Mr. Spurlock also stated the design of the Gateway would be picked up in the adjacent medians, both east and west of I-95. This would involve a reconfiguration of the existing medians. There would be pedestrian access along the sidewalks. Commissioner Denahan inquired if the seats were on the sidewalk and the location of the seats was pointed out on the drawings as being along the first tier area. Monumental Entry Theme The second option is called the , which takes its cue from an existing entry into the City of Boynton Beach, which exists on Ocean Avenue, west of I-95 and was built in the 1920s and served as the entry gate to the City. It was cut-off by I-95 and will be relocated. Kilday & Associates have taken these design elements and updated them to include a monumental entry, which would sit on a series of elevated terrace lawn areas and concrete seating walls. The sign would be scalloped. The lettering on the sign would be raised and state “Welcome to the City of Boynton Beach”. 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Options would be available to place a raised logo of the City, as well as its incorporation date and its motto “Gateway to the Gulfstream”. This design is also very lush in landscaping with tropical plants. The sign would be very close to Boynton Beach Boulevard, which in effect would create a gate- like effect. There would also be pedestrian walkways and the design would be carried out into the adjacent medians. Mr. Schmidt reviewed the costs of the two designs as follows: City Gateway Cost Estimate Option 1 Option 2 Landscape $ 91,000 $113,000 Hardscape (Walls/Sidewalks) 93,000 74,000 Irrigation 11,000 11,000 Site Work (Grading/Engineering) 86,000 43,000 Construction Documents 37,000 37,000 Medians 72,000 72,000 TOTAL (including 20% contingency) $504,000 $444,000 Mr. Schmidt stated that there are more detailed figures in the back of the design packet. Mr. Schmidt noted if it was decided to proceed, there is a time schedule also included in the design packet as follows: Council Presentation End of the year ? Council Review/Vote Approximately two months ? Design/Construction Documents March and April of 2000 ? FDOT & Federal Review Permitting Mid-spring 2000 ? Grant Application & Fund Allocation Spring and summer 2000 ? Bid Process RFP Spring and summer 2000 ? Value Engineering/Phasing December 2000 ? Ground Breaking to Phase 1 January to June 2001 ? The schedule also assumes an FDOT overlap. FDOT is currently proposing additional lanes through the Boynton Beach area and those plans are at 90%. They are looking to start construction mid-2000. Once the contract is let, the general contractor is liable for his portion of the work. We would need his permission for our construction within his right-of-way. With six to nine months of construction, it could mean a possible July 4, 2002 completion date. This entranceway could put Boynton Beach on the map with almost 30,000 average daily trips going east and west on Boynton Beach Boulevard and there are 170,000daily trips on I-95. 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Mayor Pro Tem Sherman asked for clarification on what the Holiday Inn would do for maintenance. Mr. Schmidt said it was City staff that met with them and they informed staff they were interested in enhancing the area and said there were some possible opportunities for maintenance. Commissioner Weiland stated that it appears that the Holiday Inn would be hidden and would not’ be seen from I-95. Mr. Schmidt indicated their only concern was that their sign not be hidden. Commissioner Weiland noted that it is important to have regular maintenance, because at some point the Ficus Trees would hide the building. It is also possible that their sign could be relocated. Mayor Broening inquired if there were any plans to enhance the southeast entrance to Boynton Beach Boulevard and questioned if it was possible to do something with this entranceway. Mr. Schmidt said they were not asked to look at this entranceway. Also, Mayor Broening inquired if the Gateway sign could be seen by motorists coming from the southeast exit? Ms. Schmidt said that the sign would be visible, but you wouldn’t see the landscaping until the motorist goes onto the bridge. Mayor Broening liked both conceptual drawings. Mayor Pro Tem Sherman inquired whose obligation it would be to care for the median and was informed the City was currently maintaining this. There are plans to enhance the medians to tie in both projects. Mayor Broening thanked Mr. Schmidt and Mr. Spurlock for their presentation. IV. APPROVAL OF MINUTES – November 10, 1999 Motion: Commissioner Denahan moved to approve the minutes of the November 10, 1999 meeting. Motion seconded by Commissioner Weiland, which carried unanimously. V. PUBLIC AUDIENCE There was no public audience. VI. UNFINISHED BUSINESS A. Status of Ocean Avenue Promenade Project Ms. Nancy Byrne, Acting Director of Development reported that comments were delivered back to Jan Jensen a week ago regarding the 90% design. The comments will be incorporated into the 100% design. The 100% design plans 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 should be presented around the first week in January. Ms. Bryne said they are well within their time schedule. Mr. Jensen is progressing with obtaining the permits from SFWMD, the FDOT and the FEC Railroad. It is anticipated that these will be in place when the bid process begins. Vendors for the street furniture have been contacted and displays should be inside City Hall sometime in January. On display would be the benches, trash receptacles, lighting and tree grates. Commissioner Weiland asked for a status report on Scully’s Market and if consideration would be given to moving the telephone poll in the rear of the building to allow access for deliveries in the rear of the building. Ms. Byrne reported that Jan Jensen is doing a radius analysis to make sure there is sufficient turn radius for the trucks to enter and exit the alleyway. Once that is determined, moving the telephone pole is a minor issue. B. Status of the CDB Parking Study Mr. Michael Rumpf, Planning and Zoning Director stated that a memorandum that he previously prepared had been given to the Commissioners, which summarized the study that was delivered on schedule that contained additional comments. Mr. Rumpf said a revised version of the study should be ready within two weeks. Mayor Broening asked when he could look at the study and Mr. Rumpf said it was available in his office. C. Status of CRA District Master Plans Mr. Rumpf reported they are proceeding on schedule. Also, staff is preparing to draft a master plan for the 10-acre site simultaneously with these plans. Mr. Rumpf stated that there are over 12 districts and sub-districts, as well as special areas that are being studied as envisioned by the Visions 20/20 Plan. Staff is also narrowing down the boundaries that are not specific. This will take a tremendous amount of work and is being timed with the arrival of the new Director. Even though we do not have an exact plan available, this is not slowing the process down and staff continues to move forward on the Ocean Avenue Promenade Project and the 10-acre Intracoastal site. th Mr. Brian Edwards, 629 NE 9 Avenue asked if it was intended that the 10-acre Intracoastal Park is proceeding towards mixed-use to coincide with the arrival of the new CRA Director? Mr. Edwards asked if staff has done anything in detail for the 10-acre site based on the Vision 20/20 Plan? Mr. Edwards asked if there would be a disparity between what Visions 20/20 envisions for the site as opposed what staff is developing. Mr. Rumpf replied that staff continues to use 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 the Visions 20/20 Plan for recommendations. Mr. Rumpf said they have not gone into any great detail as yet. Staff has been comparing the two proposed uses for the park, one being park use versus mixed-used. Mr. Kevin Scully, Scully’s Market asked if any of the staff is going to approach him with the plans that they are working on regarding deliveries to the back of his store? Mr. Scully said that he has heard from people living around his store that they don’t want trucks entering through the back alleys. Ms. Byrne said that staff would be presenting the options and the drawings to Mr. Scully. Mr. Scully inquired if the trucks would be egressing and ingressing through the alley and was informed yes. Mr. Scully asked if the deliveries would be through his front door and Ms. Byrne noted that is the only entrance into the premises. Commissioner Weiland asked if the deliveries could be made through the back alley, would he be willing to put in a back door? This would keep the front of the building clear of large trucks. Commissioner Weiland was of the opinion that this was a good idea to have the deliveries through the back of the building and the front would be kept clear of large trucks and would provide more visibility to the store. Mr. Scully said he was planning to install a back door and that was part of his grant application plans, but now he no longer has an opportunity to receive the grant. Mr. Scully said he was not going to spend money to build a loading door on the side of the building. Commissioner Weiland said that the City is trying to work this out with him and feels deliveries in the back of the building would be much more feasible. Commissioner Weiland noted that there is only one entrance to the store and if there was a fire this is the only way out. Mr. Scully said it has always been this way and said he did not build the store. Mr. Scully said he would like City staff to keep him informed. D. Status of Pond “B” Dale Sugerman, Assistant City Manager reported said that since the last meeting, another pre-bid meeting took place and the project is being re-bid. That nd meeting was held on December 2 and seven general contractors attended the th meeting. The new bid opening date is scheduled for December 14. If the bids are clean, it is Mr. Sugerman’s intention to come before the Commission at its th January 4 meeting for an award of contract. If the bids are not totally clean, it might have to be deferred to the next meeting. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 th Commissioner Weiland said he is leaving town for the holidays on December 15 and said he would like to contact Mr. Sugerman on Tuesday afternoon to see what the figures came in at and Mr. Sugerman agreed to this. Mr. Sugerman said the bid opening was at 2:00 p.m. Commissioner Weiland then said he would contact Mr. Sugerman on Wednesday afternoon. Commissioner Denahan inquired about the amenity package and noted it was to be made available in the City Clerk’s Office. Mr. Sugerman said it was available to be viewed in the Procurement Services Department. D. Status of CRA Budget Interim City Manager Hawkins said the beginning fund balance for the CRA Budget as of November 30, 1999 is $605,211. There have been no major expenditures to date. VII.NEW BUSINESS A. Conditional Use Plan for BAPS Temple Church Attorney Cherof announced that this was a quasi-judicial proceeding and public hearing and anyone who intends to testify needs to be sworn in. Attorney Cherof requested that all persons testifying please identify themselves and state their special qualifications. The records that are part of the Commission Agenda packet are part of the record. If anyone wishes to introduce any other documents they must be identified and copies must be left with the Clerk. Attorney Cherof administered the oath to all who would be testifying tonight. PUBLIC HEARING Conditional Use 1. Project Name; BAPS Temple Church Applicant/Owner Jay Patel th Location: SE 18 Avenue, north of SE rd 23 Avenue, east of the FEC Railroad Trucks and west of Federal Highway Description: Conditional use approval for temple on 172,954 square feet (3.97 acres) Mr. Philip Aguirre, of P.A. Design Group took the podium and stated he represented the applicant. 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Mayor Broening asked why the site was bundled and noted it is presently in C-3 and R-3 zones. C-3 does permit a church. Mr. Rumpf said this is allowable under conditional use. Mayor Broening asked Mr. Rumpf why he chose to bundle the project and Mr. Rumpf said because the land used for the project would be done in two phases. Commissioner Denahan inquired if phase 1 would be the building and asked Mr. Rumpf to point out the location of the building on the map. The land is currently completely vacant. Mr. Rumpf pointed out where the parking would be during phase 1 and there would be suitable circulation through the site. Commissioner Weiland noted that the parking was parallel to the railroad tracks, which is south of the building. There is residential located to the south of the site and Commissioner Denahan asked how much residential was in the area. Mr. Rumpf said it is zoned R-3, which is predominately multi-family with a mixture of single family. Commissioner Weiland asked what was directly east of the parking lot? Mr. Rumpf wasn’t quite sure, but thought it was used by Publix as a truck turnaround. Mr. Rumpf also pointed out the location of the drainage for the project. Commissioner Denahan noted that particular shopping center had major drainage problems. Unfortunately, Mr. Rumpf stated that in older areas of the City drainage continues to be a problem. Commissioner Weiland asked if 100% of the stormwater runoff would be directed towards this drainage pond? Mr. Rumpf requested that the applicant’s agent address this issue. Mr. Rumpf said that they would need to get permitting from DOT. Mr. Aguirre said they are attempting to handle the drainage problems with exfiltration trenches and catch basins. Whatever they cannot handle, they will try to connect to U.S. 1 drainage system. It is anticipated that the project would have about seven catch basins within the parking area. Commissioner Denahan asked Mr. Rumpf to point out on the map the area for Phase 1 and Phase 2. The two buildings will eventually be joined to create one single building. Commissioner Denahan asked what would happen to the mature trees on the property? Mr. Rumpf said they would either be relocated or replaced. Commissioner Weiland asked what the timeframe for the two projects would be. Phase 1 should be completed by the end of summer. Phase 2 will be completed as funding comes in which should be a two to three year process for the entire project. 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Commissioner Denahan asked if this would pose any problems for the conditional use, to which Mr. Rumpf replied no. Mayor Pro Tem Sherman said he has not had an opportunity to look at the location and would like to have an opportunity to ride by the property before he could form any opinion. Mayor Broening announced the Public Hearing. th James Patterson, 1241 SW 27 City Attorney Cherof administered the oath to Place, Boynton Beach whostated he is representing Patterson Plaza and asked if the Commission received his letter in opposition to the project and they stated yes. Mr. Patterson said he is protesting this project, because he does not feel that the property should be taken off the tax roles. Secondly, he said he spoke with Mr. Rumpf who indicated there have been no traffic studies done. Mr. Patterson said th that since U.S. 1 has been rebuilt, there is no left turn off SE 18 Avenue. Mr. Patterson said that his plaza is being used as a shortcut in order to make a U- turn in front of McDonalds. Mr. Rumpf said that a traffic study was done for the project and was submitted by the applicant and sent to the County for review. Mr. Rumpf said that a traffic study is not as concise as what Mr. Patterson was referring to such as watching traffic flow intensity. Interim City Manager Hawkins stated that the study does not address people cutting through private property. Commissioner Weiland suggested tabling the matter until a traffic study is completed. Mr. Rumpf said that given the volume of the traffic reviews that he receives from the County, the County’s review would be limited to major intersection analysis, traffic movement and volume. The volume would be on State/County roadways. Mr. Rumpf said that the church would have off-peak impact on traffic. Commissioner Weiland felt that when everyone leaves the church at the same time a bottleneck could be created in trying to make the U-turn. Mr. Rumpf noted that there are certain churches and synagogues that have to hire the local sheriff’s office to direct the traffic for 30 or so minutes. The volume generated by the church would be looked at. Interim City Manager Hawkins asked if certain conditions could be imposed for on-site circulation as part of conditional use approval. Mr. Rumpf said because of the location of the parking area, this would encourage greater distribution of traffic out the southern side. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Commissioner Weiland asked if there was any ingress from the south into the th property from the neighborhood area? Mr. Rumpf said that SE 20 Avenue could be used and is an underutilized road. Commissioner Denahan stated that no matter what is built along Federal Highway because of the way the medians have been cut, there is restrictive egress and ingress. Commissioner Denahan asked what is an ideal location for a church? Commissioner Weiland said you never want to consider a church being a loss on the tax roll. As far as traffic conditions are concerned, there would be a lot less traffic with a church than another shopping center next to Publix. Mr. Rumpf agreed with this comment. Mr. Rumpf stated that if it were developed as currently zoned, the traffic intensity would triple. Commissioner Denahan said if you don’t want a church in residential areas, and you don’t want them in the central business district where should they be built? Commissioner Denahan encourages churches to be built and wants to see churches in the City. Mr. Rumpf said from a land use perspective, it would be good to have them evenly disbursed throughout the residential areas. Mayor Broening said one of the intentions of redevelopment is to provide a mixed-use environment. He said we are not just looking for businesses to go in there. Mayor Pro Tem Sherman asked how the land ended up zoned differently. Mr. Rumpf said it is possible that commercial land has encroached from the north. Mr. Rumpf was not sure how this happened. Commissioner Weiland asked if the same owner had previously owned the property, or has it been acquired in different parcels? Mr. Rumpf was uncertain on this point. Mr. Rumpf suggested asking the applicant if they purchased the property from one individual or numerous owners. The applicant responded that the property was purchased from one individual. Interim City Manager Hawkins asked if the church would add to the market for the existing businesses? Mr. Rumpf said it would probably be minimal. Commissioner Denahan felt that having a church on this property would be an ideal usage. Mr. Rumpf stated the church could provide a buffer into the residential neighborhood, as well as the commercial areas to the south. Mr. Patterson said by placing a church on the land it will take it off the City’s tax rolls and Mr. Patterson said that the applicant told him that they are building a recreation center and the temple will come later. He feels that the temple will be operating more than just Sunday mornings. Mayor Broening requested that the applicant comment on the planned usage of the property. 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 , Mr. Jay Patel The applicanttook the podium and said there would be no recreation associated with the temple. This had been discussed earlier, but the concept has changed and it will be one main building. The building will be used solely as a temple. Commissioner Weiland asked if there would be a daycare center on the premises and Mr. Patel replied there probably would be some type of daycare during the Sunday services for the children. Also, there are plans to offer various classes for the children. Some of the classes to be offered would be drug awareness classes, as well as religious and culture classes. Also, an activity area is being planned for the children. Mr. Patel said that the drug awareness classes would be open to the public and all children are welcome. Mayor Pro Tem Sherman inquired if the temple would be operating on other days besides Sunday. Mr. Patel said that is not currently planned. Commissioner Denahan said she has no problem supporting this project and feels the City as a whole has a shortage of community gathering spaces. Commissioner Denahan also feels that the project would enhance the neighborhood and is a beautiful buffer for the Publix Supermarket. Commissioner Denahan said that the residents in the area must be protected from being impacted in a negative way. Commissioner Denahan acknowledged that the Board was given very short notice and at first she was unaware of the location. She said she would be in favor of the project, or if the Board needed more time, she would not be opposed to tabling the project. Commissioner Weiland asked if there would be a parish hall that would be rented for wedding receptions? Mr. Patel said there are no plans currently for this type of use. Mr. Patel said they currently plan to use the temple on weekends only. Interim City Manager Hawkins asked what the size of the congregation was and Mr. Patel said there are approximately 200 members. Mayor Broening feels that the temple is an appropriate use for the property and is of the opinion that the temple would fall within the City’s overall objectives of redevelopment of the area east of I-95. Mayor Broening felt if more commercial were placed on the property, that would have a greater impact on traffic than the temple. Mayor Broening said he is inclined to support the project, but does have concerns about personal property rights, especially people cutting through private property. Mayor Broening said he would like some assurances that the petitioner would take very strong and definite steps to prevent cutting through private property and requested that this be a condition of any approval. 11 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Mayor Broening also stated that the project must still come before the City Commission and therefore, sees no reason to table the project. This would allow the Commissioners to go out and view the property prior to the Commission meeting. Also, this would allow staff enough time to make additional comments if needed. Commissioner Weiland said that the Commission meeting won’t be for another seven days and there would be ample time for the Commissioners to go out and view the property. th Mr. Brian Edwards, 629 NE 9 Avenue asked if there was any type of requirement that the church supply a safety factor along the railroad tracks? Mr. Rumpf said there is nothing that would require this, but there are landscaping requirements required along any right-of-way, but not barrier requirements. Commissioner Weiland said it would make good sense to build a fence along the railroad tracks to keep children out. Mayor Broening noted that the entire area does not have a fence along the FEC tracks. Ms. Betty Patterson, said she has owned the Patterson Plaza since 1957 and said that Publix is a river when it rains. Ms. Patterson said when Publix built on the property, she told them there would be a problem, but they did not agree with her. Also, Ms. Patterson said she does not want people cutting through her property and is against the temple being built. Commissioner Weiland agreed with the Mayor being concerned about personal property rights and suggested that a motion be made to make a traffic study and to look at the project at the Commission Meeting. Mayor Broening said that the CRA can approve the project tonight, but it would still have to go through the Commission for final review. Mayor Broening said that meeting would be the best place to discuss the final concerns and staff could work with the applicant and resolve the issues that have been raised tonight, which are – The drainage problem, ? Violation of private property rights, and ? That the Commission is provided with some additional detail on these two ? issues before they are asked to make a decision on the project. Mayor Broening called for a motion to move the project onto the Commission with the additional requested information. 12 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA DECEMBER 8, 1999 Motion Commissioner Denahan moved to approve the project for conditional use, subject to all staff comments. Motion seconded by Commissioner Weiland. Motion carried 3-1 (Mayor Pro Tem Sherman dissenting) Motion Mayor Broening moved to adjourn the meeting, which was seconded by Commissioner Weiland. The meeting properly adjourned at 8:05 p.m. Respectfully submitted, ____________________________ Barbara M. Madden Recording Secretary (two tapes) 13