Minutes 11-06-01 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLOR/DA,
ON TUESDAYf NOVEMBER 6, 2001 AT 6:30 P.M.
PRESENT:
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Mike Ferguson, Commissioner
Chadie Fisher, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I, OPENINGS:
Call to Order - Mayor Gerald Broening
Invocation - Reverend Randall Gill - First Presbyterian Church
Pledge of Allegiance to the Flag led by Commissioner McCray
Mayor Broening called to meeting to order at 6:35 p.m. Rev. Gill offered the invocation and
Commissioner McCray led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
· FILL OUT THE APPROPRIATE RE(~UEST FORM
· GIVE TI' TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORTION OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES,
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Vice Mayor Weiland moved to approve the agenda.
Commissioner Ferguson and carried unanimously.
The motion was seconded by
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
November 6r 2001
PUBL/C AUDTENCE:
TNDI'VZDUAL SPEAKERS WZLL BE LTMI'TED TO 3-MTNUTE PRESENTATZONS
Dominic Desiderio, 2755 S, Federal Highway, said he is a member of ne Coalition to
Protec~ the Rights of Small Businesses. He ~sked t~e Commission to explain how the fire
assessment on commercial properties was calcUlated.;,I He stated that the method of taxatio~ is
unfair and discriminatory. He said that a one foot increase in the size of a commercial building
would cost the business owner an additional sl,545 in assessments and he questioned why a
small business property owner would pay 15 cents per square foot and a large preperCy owner
would only be charged 1.5 cents a square foot. i
Herb Suss thanked the Commission for theiir leadership and guidance since Che events of
September :!.1th. He said that the City staff is great and that it is amazing what can be
accomplished by working with the City departments. He requested that the Commissioners use
some of their discretionary funds for library books.
:]ames Miriana, 728 NE B~ Avenue, thought there were many proposals on the agenda that
do not show restraint in spending. He said the City is spending too much money considering
the financial crisis.
Stella Rossii 625 Whispering Pines Road, stated that she was disappointed to see the
Sprint tower going up by the Hester Preserve. She said that the preserve is in poor shape. She
asked whether there is money set aside in the iCity budget to manage this preserve and, if not,
whether some of the Sprint money could be used.
Mayor Broening answered no to the latter question and said someone would give her an answer
regarding whether there was money in the City' budget for this purpose.
Sunny Garda, 1631 NW 3"d Lane, asked whether there will be only one entrance and one
exit on 17th Street at Ezell Hester Community Center. He said there should be two exits.
Mayor Broening said that staff will provide him with an answer,
Marie Shepard, One Ridepoint Drive, reaid a letter to the Commission from her cousin,
Helen Shepard Merrill, which urged the City to preserve the old high school building. A copy of
the letter is attached to the original Commissio~ minutes on file in the City Clerk's off`ice.
'rTZ, OTHER:
A. Informational Items by Members of the City Commission
Commissioner Fisher thanked Police Chief Gage and the police officers for their efforts to reduce
speeding on Lawrence Road He also said that Recreation Director Wally Majors and the Special
Events Team have upgraded the holiday events in Boynton Beach and were doing a great job,
Meeting Minutes
Regular City Commission
Boynton Beach; FlOrida
November 6, 2001
IV.
A.
Appointment
To Be Nade
ADMINISTRATIVE:
Appointments to be made:
Board
Length of Term
Expiration Date
IV Fisher
Mayor Broening
I Weiland
IIT Ferguson
IV Fisher
III Ferguson
III Ferguson
II McCray
IV Fisher
IV Fisher
IV Fisher
Children & Youth Advisory Bd Stu/Reg/NonVoting
Children &Youth Advisory Bd Stu/Reg/Voting
Children & Youth Advisory Bd Reg.
Bldg. Bd of Adj &Appeals Reg
Bldg, Bd of Adj & Appeals Alt
Cemetery Board Alt
Code Compliance Board Alt
Education Advisory Board Alt
Library Board Reg
Nuisance Abatement Board Alt
Senior Advisory Board Reg
1 yr term to 4/02
1 yr term to 4/02
2 yr term to 4/03
3 yr term to 4/04
1 yr term to 4/02
I yr term to 4/02
i yr term to 4/02
1 yr term to 4/02
3 yr term to 4~/04
1 yr term to 4/02
2 yr term to 4/03
(Tab!ed-2)
CTab!ed-2)
Cl'abled~2)
(Tabled-2)
(Tabled-2)
(Tabled-2)
(Tabled-2)
(Tabled-3)
[l'abled-2)
Commissioner Fisher
She is currently an alternate on this Board.
All other appointments were tabled.
Motion
Commissioner McCray moved to accept
Commissioner Ferguson and carried unanimously.
V. ANNOUNCEMENTS & PRESENTATIONS:
A.
appointed Donna Harmening as a regular member of the Library Board,
the appointment. Motion was seconded by
Announcements:
1, Oceanfront Concert Series on November 16, 2001,
Oceanfront Park - Gold Coast Dance Band (Big Band Music)
6-9 p.m. at
Mayor Broening announced the Oceanfront concert on November 16th.
B. Presentations:
1. Proclamations:
3
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
November 6r 2001
a. "Boynton Veterans Council Veterans Day Celebration"
Mayor Bmening read the "Boynton Veterans Council Veterans Day Celebration" proclamation
and presented it to Gerald Levine, Past Chairman of the Boynton Veterans Council.
Mr. Levine spoke about the new war our country is in and said that the rules of engagement are
different than ever before. He said that we should not allow the terrorists to disrupt our normal
lives. We cannot win this war quickly or without any casualties of U.S. servicemen or
Afghanistan civilians. He invited everyone to the Veterans ceremony on November 1:1t~ at 2:00
p.m. at Jaycee Park.
Announce the receipt of $110,000 from Sprint Spectrum L.P. The money
is being used to design and build a press box and storage building for the
Police Athletic League (PAL) football program at Hester Community Park
Wally Majors, Recreation Director, introduced .lulio Dumas and Marvin Gomez, representatives
of Sprint, who presented a check for $110,000 from Sprint Spectrum L.P. for rental of land from
the City to construct its equipment base station and antenna structure.
Overview of Presentation on "Operation Lifesaver," conducted by
Cadsse Weise, City Manager's Office, and Para Webb, Risk Management
Department
Carisse Weise and Pam Webb explained that Operation Lifesaver s a non-profit organization
that has been in existence since :1972. ]Its mission is to reduce collisions between trains and
vehicles and it has been credited with saving 10,000 lives and preventing 40,000 injuries since
its inception. Ms. Weise and Ms. Webb are accredited Operation Lifesaver volunteers and are
available for in-house training for City staff and for presentations to schools and civic groups.
4. Presentation of Accreditation for Boynton Beach Police Department
The Boynton Beach Police Department was awarded accredited status by the Commission for
Florida Law Enforcement Accreditation on October 10, 2001. Mayor Broening presented the
plaque to Police Chief Marshatl Gage.
Chief Gage expressed his appreciation for the support that he has received over the past two
years from the City Commission, City departments and the citizens. He thanked his entire staff.
VI, CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
matadal to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. City Commission Meeting of October 2, 2001
4
Meeting Minutes
Regular City Commission
Boynton Beach~ Florida
November 6, 200~
2. Agenda Preview Conference of October :L~, 2001
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 200:[-2002 Adopted Budget
Award the bid for "ANNUAL SUPPLY OF SOD[UlVl HYDROXIDE" (Liquid
Caustic Soda), Bid #101-2811-01/C3D, to JCI Jones Chemical, Inc., for an
estimated expenditure of $173,000
Award the ANNUAL BID FOR P[PE Fl i lINGS & ACCESSOR.TES, Bid #090-
1412-01/KR, to various vendors for an estimated annual expenditure of
$75,000
Approve the "sole source" purchase of the ANNUAL SUPPLY OF
POLYPHOSPHATES from Shannon Chemical Corporation, for an estimated
annual expenditure of $32,000 CBid #010-2821-02/KR)
Award a one-year contract (with two one-year renewal options) to The
Urban Group, Inc. of Fort Lauderdale, Florida for Real Estate
Administrator Services in response to RFQ #075-2413-01/KR (Proposed
Resolution No, R01-283)
Approve the "sole source" purchase of ADD~-f~ONAL SECURTTY SYSTEMI
FOR THE DOORS tN c~'rY HALL AND EAST WING to match existing
security system from ADT SECURrI-Y SERVTCES, [NC. in the amount of
$12,045 (Proposed Resolution No, R0~.-284)
Approve the "sole source" purchase of ion-exchange softeners from
Atlantic Filter CorPoration in the amount of $12,805 (Proposed
Resolution No. R0;~-28S)
Approve an agreement with Maxim Health Systems LLC for dispensing flu
shots at the Senior center (Proposed ResOlution No, ROZ-286)
Commissioner Fisher requested that Item B.7 be removed for discussion.
Approve agreement with BAE Systems ADR Tnc. for the updating of
planimetric base mapping features throughout portions of the City and
utilities service area, and furnishing digital orthophotography based upon
iow altitude photography for the CRA area only; by piggy-backing Palm
Beach County Contract No. R2001-1523, dated September 11, 2001.
Total project cost is $229,065 (Proposed Resolution No. R0:~-287)
Purchase of solar powered emergency phone system for golf course from
Express Ratio in the amount of $15,736.10 (piggybacking Broward
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Meeting Minutes
Regular City Commission
Boynton Beachr Florida
November 6, 2001
County School Board Bid #22-060N for Two-way Radios, Equipment &
Accessories)
C. Resolutions:
Proposed Resolution No, R01-288 Re: Ratification of
the Collective Bargaining Agreement between the City of Boynton Beach
and the Police Benevolent Association (PBA) (T`4BZ£D
X6~ 200~ C_~'rY COMM~q$~TON M£B~NG)
Commissioner Fisher requested that item C.! be removed for discussion,
Proposed Resolution No. R01-289 Re: Release
cash ~ond of $5,280 to the Shoppes of Boynton Terranova Corp.
Proposed Resolution No. R01-2g0 Re: Approving and
authorizing an Agreement for Water Service Outside of the City Limits for
a parcel owned by Condor Tnvestments of Palm Beach County,
located near the southeast quadrant of Military Trail and Hypoluxo Road
,.
Proposed Resolution No. R01-291 Re: Approving and
authorizing an Agreement for Water Service Outside of the City Umits for
a parcel owned by R..]. Consulting Management and Marketing, [nc.,
located at the northeast quadrant of Military Trail and the LWDD L-23
Canal
Proposed Resolution No. RO1-292 Re: Authorizing
the Mayor to execute an agreement between the City of Boynton Beach
and the School Board of Palm Beach County for the Boynton Beach Police
Department to provide one (1) law enforcement officer to be assigned to
the PBC School District Police Department to teach the "Aggressors,
Victims & Bystanders" course at Congress Middle School
Proposed Resolution No. R01-293 Re: Ratification of
the Collective Bargaining Agreement between the City of Boynton Beach
and the Fraternal Order of Police - Sergeants
Commissioner Fisher requested that item C.6 be removed for discussion.
Proposed Resolution No. R01-294 Re: Approving a
First Amendment to Lease Agreement between the City of Boynton Beach
and Sprint Spectrum L,P., permitting Sprint to lease an additional parcel
of real property at 222 NE 9th Avenue
8. Proposed Resolution No. R01-249 Re: Fire
Assessment Rates
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Meeting Minutes
Regular City Commission
Boynton Beach; Florida
November 6, 2001
Vice Mayor Weiland requested that item C.8 be removed for discussion.
Proposed Resolution No. R01-295 Re: Authorizing
the Mayor to execute an agreement with the South Florida Water
Management District to accept a $300,000 grant for the construction of
Aquifer Storage and Recovery (ASR) wells
10.
Proposed Resolution No. R01-296 Re: Authorizing
the transfer/appropriation of funds in the amount of $250,000 from the
Reserve for Future Appropriations account to the Police Regular Salaries
account for wage and benefits for personnel
D. Ratification of Planning & Development Board Action:
Gateway Crossing (Quantum Park) - Lots 8:[ & 82 Quantum Corporate
Park - Request for site plan approval to build an 87,375 square foot strip
retail center on 9.3 acres
Gateway Crossing (Quantum Park) - Quantum Park PTD - Request to
amend the list of permitted uses within the Quantum Park PTD to allow
retail shops, a fast food restaurant with drive-thru, and a sit-down
restaurant on Lots 81 and 82
Boynton Beach Medical Pavilion/HTEX 01-002 - 2815 South Seacrest
Boulevard -Request for a height exception pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow a
parapet wall feature to be constructed at 31'-8" high, Which is 1'-8" in
excess of the maximum 30 foot height limit in the C-1 Office and
Professional Commercial zoning district
Motion
Commissioner Ferguson moved to approve the consent agenda as amended. The motion was
seconded by Commissioner McCray and carried unanimously.
B.7. Approve an agreement with Maxim Health Systems LLC for dispensing flu
shots at the Senior Center (Proposed Resolution No, R01-286)
Discussion
Commissioner Fisher asked whether there wou~d be transportation provided from the north end
of the C[b/to the Senior Center for these flu shots. City Manager Bressner thought that was a
good idea and something would be worked out.
Motion
Commissioner Fisher moved to approve item B.7.
that carried unanimously.
Commissioner McCray seconded the motion
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Meeting Minutes
Regular City Commission
Boynton BeaCh, Florida
November 6, 2001
Proposed Resolution No, R01-288 Re: Ratification of
the Collective Bargaining Agreement between the City of Boynton Beach
and the Police Benevolent Association (PBA)
~6~ 200~ C-O'Y COMM~$~'ON
Discussion
City Manager Bressner said that this is a three-year contract and he was pleased they came to
terms.
City Attorney Cherof corn plimented the negotiating teams and said that they were very
professional.
Motion
Commissioner Fisher moved to approve item C.1. Commissioner Ferguson seconded the motion
that carried unanimously.
Proposed Resolution No, R01-293 Re: Ratification of
the Collective Bargaining Agreement between the City of Boynton Beach
and the Fraternal Order of Police - Sergeants
Discussion
City Attorney Cherof complimented the negotiating teams and said that they were very
professional.
Motion
Commissioner Fisher moved to approve item C.6.
Ferguson and carried unanimously.
Motion was seconded by Commissioner
C.8. Proposed Resolution No. R01-249
Assessment Rates
Re: Fire
Discussion
Vice Mayor Weiland urged the Commission to look at different ways to implement fire
improvements that would cost one half the amount that is being proposed. He said it could be
done fora lot less money. He suggested that they look at the design concept at the beginning
because once the designs are made, the dollar figure will be set.
Commissioner Fisher stated that even if the rates are approved, the City has the opportunity to
make changes before "breaking ground." He is willing to consider other options. He stated
that the City needs a fourth fire station; he only disagrees with the method of financing.
Commissioner McCray said he looks at every dollar being spent and if anyone has a way to
reduce the cost, he is in favor of it.
Motion
Commissioner Ferguson moved to approve item C.8. Motion was seconded by Commissioner
McCray and carried 3 to 2 with Vice Mayor Weiland and Commissioner Fisher dissenting.
8
Meeting Minutes
Regular City Commission
Boynton BeaCh, Florida
November 6, 2001
VIZ. C:[TY MANAGER'S REPORT:
A. Report on Stormwater ERU Rates
City Manager Bressner said there had been a request by the Commission for a mid-course
review of the stormwater ERU rates. He said that with the construction projects scheduled for
the next three years, the rates should remain unchanged.
Dale Sugerman, Assistant City Manager, reported on the cash flow and scheduling of capital
projects for stormwater, water and wastewater improvements. There is $62.5 million available
for all utility capital ~mprovement projects ~ the present time. At the end of three years, this
figure would be reduced to $16.5 million in order to accomplish all of the stormwater, water
and wastewater improvement projects. He stated that all the projects can be done without
increasing_rates or borrowing money. Tn the future, however, rate adjustments or borrowing
funds may be necessary. Assistant City Manager Sugerman said that the Utilities Department is
solvent now and staff recommends not reducing the stormwater ERU rate from $6 to $5.
Commissioner Fisher asked whether any of the projects would be cancelled if the ERU rate was
reduced. Assistant City Manager Sugerman said that they would not be cancelled; however, the
reserves would be reduced.
City Manager Bressner stated that before the $6 per month stormwater ERU fee was
implemented, a fee of only $1 was charged. This did not meet the ongoing maintenance
responsibilities for the stormwatar system. Previously, an engineering consultant was hired by
the City to analyze what projects were necessary for the City to meet its long term stormwatar
management obligations. Their report indicated that there was a major gap between the
income of $1 per month and what needed to be done. The consultant recommended borrowing
funds. However, the City Manager recommended raising ERU rates and not borrowing money
so that there would be no interest charged. Once capital improvements are in place, the ERU
may be able to be reduced to a maintenance level.
City Manager Bressner stated that in response to this City Commission's concerns regarding a
Wholesale swale program, staff has taken a comprehensive approach so that when any street or
utility project is performed, the stormwater c0mponent is done at the same time. City Manager
Bressner will present a report to the Commission in six months. He believes it would be
premature to reduce the rates now.
Commissioner Fisher was in favor of reducing the ERU rates now.
Mayor Broening said that with constant review of the projects as the system now allows, the
City can modify them as required. He is satisfied with the stormwater ERU rates.
Assistant City Manager Sugerman said the ERU rate is established by ordinance and if the
Commission wants to modify the rates, it would require a change to the ordinance.
9
Meeting Minutes
Regular City Commission
Boynton Beachr Florida
November 6r 2001
The consensus of the Commission was to leave the rate as it is. City Manager Bressner
suggested that this item be placed on a future agenda in six months for review.
B. Report on City Advisory Board Membership, Attendance and Performance
Standards (survey results)
City Manager Bressner reported on the results of a survey conducted by the City Clerk's office.
The past practice of Boynton Beach is consistent with other communities. The majority of other
municipalities do not allow membership on more than one board. The City's policy on three
absences seems to be the standard. For boards with more than one meeting a month, the
ordinance should be amended to modify that standard so that there is consistency.
Herb Suss said that the Qb/ has difficulty filling City boards. He urged that the code be
changed so that citizens can serve on a second board. He also said that illnesses and religious
holidays should be taken into consideration.
Commissioner Fisher commented that many of the City Commissioners serve on other boards
and still get their jobs done. There are many board vacandes and he cannot think of a
negative reason not to allow service on more than one board.
Mayor 8roening said he would not want someone to serve on both the Planning & Development
Board and the CRA Board or on two quasi-judicial boards. However, he does not have a
problem with someone serving on two boards.
Commissioner Ferguson thought that people could be found to fill board vacancies. Tf people
serve on more than one board, he feels that the City would lose diversity.
City Manager Bressner reported that, according to the survey, Delray Beach, West Palm Beach
and Boynton Beach have the largest number of boards and they all have the same standards.
He suggested that the City advertise these boards more and market them better.
The consensus of the Commission was to request that the Legal Department draft an ordinance
clarifying attendance standards for advisory boards that meet more than once a month.
Authorize staff to proceed with the necessary work to relocate voice and data
communication equipment from the Mangrove Park High School at a cost not to
exceed $25,000
Quintus Greene, Director of Development, said he could provide a more detailed report at the
next Commission meeting. However, whether the old high school building stays or is
demolished, there is some equipment essential to the operation of the Cib/Complex that needs
to be removed from the building and relocated. The cost for this relocation will not exceed
$25,000.
Peter Wallace, ~ Director, explained that equipment providing telephone and P.C. service to
the museum, the Art Center and the Code Compliance trailer must be relocated. Tn response to
a question regarding why this equipment had been stored at the old high school, Mr. Wallace
10
Meeting Minutes
RegUlar City Commission
Bovnton Beach. Florida
November 6. 2001
replied that the old high school was previously used by City departments during the renovation
of City Hall
Motion
Commissioner Ferguson moved to approve item C.
Weiland and carried unanimously.
Motion was seconded by Vice Mayor
D. Strategic Initiative Report on Visions 20/20
Virginia Farace, Ubrary Director and team member, explained that the conceptual adoption of
the Visions 20/20 Plan by the City Commission occurred on August 18, 1998 but it was never
formally adopted by resolution. Host of the goals were accomplished or are in progress. A
copy of the report is attached to the original minutes on file in the office of the City Clerk.
Dick Hudson, Senior Planner, explained the Projects Implementation Matrix, which is printed in
the report.
Arthur Lee, Human Resources Director, said that the team is recommending that the City
Commission direct the City Attorney to prepare an ordinance to formally adopt pages 130-148
of the Visions 20/20 Redevelopment Plan to satisfy the requirements of Florida Statute 163.355,
providing an official finding of necessity supporting the expansion of the CRA area, and that the
20/20 plan continue as a general guide for planning and development in the study area.
Commissioner Ferguson recommended that this item be tabled until the Commission has a joint
meeting with the CRA on November 7m. He said that some things may have changed over the
years and this should be tabled until the 2000 census is received.
It was noted that this item is not being adopted tonight. The Commission is only being asked
to direct staff to draft a resolution.
The consensus of the Commission was to have staff prepare a resolution.
Mayor Broening thanked the team for their hard work.
VII1'. PUBLIC H EARING; 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
Project:
Agent:
Owner:
Location:
Description:
Dakota Lofts
H. P. Tompkins
Chan's Enterprises
3010 S. Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map
for 2.00 acres of property from Local Retail Commercial (LRC) and
Low Density Residential (LDR) to High Density Residential (HDR),
and to rezone the property from Community Commercial (C-3) and
Single Family Residential (R-l-AA) to Planned Unit Development
W,['ZZ B~PO.~-PONED UN1-ZZ NOVeMBeR 20~ 2003~)
11
Meeting Minutes
Regular City Commission
Bovnton Beach~ Florida
November 6, 2001
Project:
Agent:
Owner:
Location:
Description:
Gymnastics Centers in M-1
Marcy Martine
N/A
Ob/wide
Request to amend Chapter 2, Zoning, Section 8.A.l.d.(9) to allow
gymnastic centers as permitted uses in the M-1 zoning district
There was no one in the audience who wished to speak on item B.
Motion.
Commissioner Ferguson moved to approve item B.
that carried unanimously~
Commissioner Fisher seconded the motion
B:
Project:
Agent:
Owner:
Location:
Description:
Krispy Kreme Land Use Amendment/Rezoning
Scott Barber/Gee & Jenson
Dynamic Doughnuts Florida Realty, Thc.
Northwest :L~ Avenue (between NW 1~t Avenue and Boynton
Beach Boulevard [SR804], approximately 1,500 feet east of NW
7th Street). Opposite the intersection of Boynton Beach Boulevard
and West Tndustrial Avenue
Request to amend the Comprehensive Plan Future Land Use Map
from Medium Density Residential (9.86 du/ac)to Local Retail
CommerCial and rezone from Duplex Residential (R-2) to
Neighborhood Commercial (C-2) (POSTPONED !BY PLANNZNG
AND DEVELO/~/ENT BOARD - TO BE HEARD BY C. VFY
COM]~IZ$$ZON ON DECEMBER 4~ 200.~)
Project:
Agent:
Owner:
Location:
Description:
Calvary Chapel of Boynton Beach
3ames Barretta
Calvary Chapel of Boynton Beach
South side of Hypoluxo Road, approximately 1,200 feet west of
Congress Avenue
Request :to annex _+8.84 acres of vacant properb/, to amend the
Comprehensive Plan Future Land Use Map from HR-8 (Palm Beach
County) to Moderate Density Residential (MoDR) and rezone from
AR to Planned Unit Development (PUD) (APP/J'CANT
REQUESTS A POSTPONEMENT TO THE NOVEMBER 27~
200.~ PLANI~NG AND DEVELOPMENT BOARD MEETXNG-
TO BE HEARD BY CZTY COMM. TSSXON ON DECEMBER 4~
200~)
~X. FUTURE AGENDA ZTEMS:
A; Water Conservation Strategy (November 20, 2001)
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Meeting Minutes
Regular CitY Commission
BoyntOn Beach, Florida
November 6r 2001
B. Redevelopment Code Issues for Non,conforming Lots and Buildings in
commercial Areas (NoVember 20, 2001)
C. Proposed License Agreement - 905 Railroad Avenue (November 20, 2001)
Review of Proposed Amendment to Development Agreement - Marina Project
(December 4, 2001)
E. Traffic Calming and Traffic Control Final Report (December 4, 2001)
F. FRA Whistle Ban - Report (December 4, 200:1)
G. Discussion Regarding Establishment of Ar~s Commission (December 4, 200:1)
Discussion Regarding Nonconforming (unpermitted) Canopies (December 4,
2001)
Public Hearing - 2002/03 Fire Assessment - Proposal to Include in Uniform
Collection System (via County tax bilts) in lieu of Local Collection for 2002-03
(December 4, 2001)
Discussion of Possible Corridor Study for Congress Avenue (December 4, 2001)
X. DEVELOPMENT PLANS:
XZ. NEW BUS~NESS:
None
XII. LEGAL:
A. Ordinances -- 2nd Reading - PUBLIC HEARTNG
Proposed Ordinance No. O1-54 Re: Amending the
Quantum Park DPt/Master Plan to change the permitted use on lots 7-11
from "Office Industrial" (OI) to "Mixed Use" (MU) and lots 23-31 from
"Office" (O) to "Mixed Use" (MU); to increase maximum residential units
from 500 units to 1,000 units; to partially close Quantum Lakes Drive and
create two (2) new tracts of "Mixed Use" (MU); and to change the
permitted use on tract 34-C from "Detention" to "Reserve"
City Attorney Cherof read proposed Ordinance No. 01-54 by title only. He explained that the
ordinance has been revised due to grammatical changes and an additional Condition of
Approval has been added (condition #7), which necessitates the recording of a restrictive
covenant for lots 7 through i1 and lots 23 through 3:1, limiting residential development to fee
simple units.
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Meeting Minutes
Regu!ar City Commission
Boynton Beach, Florida
November 6. 2001
Lusia Galav, Principal Planner for the Planning & Zoning Division, explained that the first request
is to amend the development order for lots 7 through 11 and lots 23 through 31 from Office
and Office Industrial to Mixed Use. Tn conjunction with that, the developer is asking for an
additional 500 dwelling units. The second request is to change the designation of lot 34-C to
Reserve until the Planning staff and the applicant can determine what the best use is for that
lot. The final request is to reconfigure Quantum Lakes Drive, abandoning a portion of it and
creating two new tracts for Mixed Use.
She explained that the Commission should determine whether it is or is not a substantial
dev at On and then~aPprove the changes With conditions or deny the request.
Mike Fitzpatrick, I01 SW 4th Avenue, was concerned regarding the mixed use zoning. He
said that Quantum Park CurrenUy has;a lot of mixed use and now they are asking for more. He
said that all they are building are ~esidential units and no mixed uses. He Chinks that they
should be building structures that are mixed use before requesting that more lots De changed
to mixed use.
Stella Rossi, 625 Whispering Pines Road, was concerned regarding the City changing the
designation of lot 34-C to Reserve. Tn 1986f lot 34-C was supposed to be Preserve. She said
that when dtizens found out that the 40 acres had not been saved under the DP, Z process, the
applicant at that time was forced to save an additional 14 acre site to the south. Mrs. Rossi
said she has heard that lot 34-C did not have a designation. She said that it really did have
one; it was the original 40 acres which was not preserved. Eventually, it was designated as
Detention and then Open Space. Then the developer requested an Tndustrial designation.
Finally, it is being proposed as Reserve. She said that the dictionary defines Reserve as "to set
aside fora special purpose or to hold over for a later time." She asked how the City categorizes
Reserve. There are.no assurances that the developer will not pursue Industrial at a later date.
She stated that the City needs to take a stand for the environment and leave it as Open Space
and not Tndustdal or Reserve.
Enrico Rossi, 625 Whispering Pines Road, said that on December 12, 2000, the City
Commission voted that 272 units in Grotto Bay would not need to pay the recreation fee. Now
there [s another project coming in before the first one is even finished. He said that they
should have to pay recreation fees. He does not feel that mixed use should be applied to an
industrial park. Mixed use was intended for the downtown area. He requested that the
Commission reject the plan.
Mary Law, 625 S. Federal Highway, said that the Planning & Zoning Division and the
Commission should give some answers to Mr. and Mrs. Rossi. She thinks that the audience
should receive answers.
Allen Stiman, 8762 Estate Drive, West Palm Beach, said that he is the Chairman of the
Environmental Committee for Quantum Group. He stated that Quantum Park is in
environmentally good condition. The preserves have been fenced. Experts have .come in to
assist in environmental responsibilities. The lakes are maintained On a natural basis. They
have spent money to relocate gopher tortoises. He said that Quantum Group has been
responsible with environmental issues.
14
Meeting Mi nutes
Regular City Commission
Boynton Beach. Florida
November 6, 2001
David Norris, attorney for the applicant, stated that all Conditions of Approval are
acceptable. Any residential units would be fee simple. He said that these residential units are a
reaction to the market. Tt will be a positive project. He said that lot 34-C is consistent with
what Nfs. Rossi said when she read the definition of Reserve - to hold over for a later time for a
spedal purpose. As far as the discussion on the recreation fee being waived, that will be
decided at time of the site plan.
Eugene Gerlicai Quantum Park, said that lot 34-C was originally identified for industrial
development, tt was revised in I986 in a later Master Plan Amendment and shown as Sand
Pine Preserve. Tt was later, identified as a Detention Area because the habitat had been
disturbed by off-road vehicles and it was no longer suitable to be a preserve habitat. That, in
turn, led to the pceservation of 14.3 acres to the south which was platted and preserved as a
habitat.
Mr~ Gerlica stated that in the final certification of all the water management improvements, the
ce~cation excluded the area of lot 34-C from any drainage encumbrance because it was not
needed since the lakes were expanded in other areas of the park. He said that becaUse of the
OLy's concern, Quantum Park agreed to reserve lot 34-C until the open space issues are
resolved:with the City and the Treasure Coast Regional Planning Coundl and a proper use can
beddentified. He Said that Quantum Park provides a significant amount of recreational facilities
(e.g., bike paths, lake bank landscaping and Grotto Bay recreation areas).
Commissioner McCray read a portion of the letter from the Treasure Coast Regional Planning
Council dated October 8, 2001 and the C'~o/'s response and concluded that the City is in
compliance with the Reserve designation.
Mayor Broening said he previously lived in an industrial park that had mixed uses. There were
single family units and mixed uses and it worked very well.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 01-54 as amended. Motion
was seconded by Commissioner Fisher.
Vice Mayor Weiland thought this was a substantial deviation from the original plan. He said
that over a year ago the Commission agreed to 500 residential units in Quantum Park. Six
months later, the developer requested another 500 units and the Commission rejected it. There
has been no public discussion regarding why the City Commission changed their minds. The
Commission agreed to approve a mixed-use plan for 500 units, offices, shops and restaurants
and the only thing that is there now are rental units. He said that a future City Commission
could approve more units at a later time if the first phase of the mixed use has been successful.
He did not think that there was a need to approve this tonight.
City Clerk Prainito called the roll. The motion passed 4 to 1 with Vice Mayor Weiland dissenting.
The Commission declared a recess at 8:55 p.m. and resumed the meeting at 9:00 p.m.
15
Meeting Minutes
Regular City Commission
Bovnton Beach~ Florida
November 6, 2001
B. Ordinances - Ist Reading
Proposed Ordinance No. 01-50 Re: Amending Par~ III,
Land Development Regulations, Chapter I and Chapter 21, regarding
"Banners" (TABI_ED TO NOVEMBER 20~ 200.~ AT THE RE~)UEST OF
THE LEGAL DEPARTMENT)
2. Intentionally left blank
Proposed Ordinance No. O1-55 Re: Amending Chapter
:[5, Article 1. By adding a new sectiOn :[5-10 of the Code of Ordinances;
prohibiting sound disturbances in residential zoning districts; providing for
definitions, methods of enforcement, and penalties
City Attorney Cherof read proposed Ordinance No. 0:[-55 by title only.
Mayor Broening noted that there were two cards from people in the audience wishing to speak
on this matter; however, there is no public hearing on the first reading of an ordinance.
Commissioner Fisher had a concern regarding the 25 feet in the ordinance. He questioned
whether the officers needed a distance requirement.
Police Chief Marshall Gage stated that if they must resort to technology to measure the sound,
then they must go into court as technical experts and must have technical training. He said
they do need a reasonable amount of distance requirement. Florida law does allow officers to
use discretion and they still have discretion with 25 feet.
Commissioner McCray asked whether the officers have the technical training.
Chief Gage answered that not everyone is trained. The training involves a 40-hour course.
Mayor Broening asked whether there has to be a specific dimension or value to any such
ordinance or can it be just disturbance.
City Attorney Cherof said that the City's standard tracks the state statute and it is simply that
the sound must be plainly audible. He said that a distance is required. The state statute of
100' applies to motor vehicles. Discretion is always a part of the equation.
Commissioner Fisher preferred a distance of 100'.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 0:[-55 as it is written.
Motion was seconded by Vice Mayor Weiland. City Clerk Prainito called the roll and the motion
passed 4 to :[ with Commissioner Fisher dissenting.
Proposed Ordinance No. 01-56 Re: Amendment to Fire
Assessment Enabling Ordinance to add a Sunset Clause
16
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
November 6, 2001
City Attorney Cherof read proposed Ordinance No. 01-56 by title only.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 01-56. Motion was seconded
by Commissioner McCray. City Clerk Prainito called the roll and the motion passed 3 to 2 with
Vice Mayor Weiland and Commissioner Ferguson dissenting.
Proposed Ordinance No. O1-57 Re: Amending Chapter 2,
Zoning, Section 8.A.l.d [9) to allow gymnastic centers as permitted uses
in the M-1 zoning district
City Attorney read proposed Ordinance No. 01-57 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 01-57. Vice Mayor Weiland
seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously.
C. Resolutions:
Proposed Resolution No. R01-297 Re: Urging the
Palm Beach County Legislative Delegation to initiate and support the
creation of an independent Special District for the purpose of acquisition
and maintenance of Greenways ~n Greater Boynton Beach Region of South
Palm Beach County
City Attorney Cherof read proposed Resolution No. R01-297 by title only.
Motion
Commissioner Ferguson moved to approve proposed Resolution No. R01-297.
seconded by Vice Mayor Weiland and carried unanimously,
Motion was
D. Other:
Commissioner McCray said that the Cemetery Board has requested a meeting with the City
Commission.
XIII. UNFINISHED BUSINESS:
17
Meeting Minutes
Regular City Commission
Boynton Beachr Florida
November 6, 2001
X~V. AD3OURNMENT:
There being no further business to come before the Commission, the meeting properly
adjourned at 9::15 p.m.
A'I-FEST:
/Clerk
Deputy City (~lerk
(2 tapes)
ommJssloner
Commissioner
:18
FROM : INTERACTIVE GROUP PHONE ~0. : 7706455~;)25 Nou, 05 2001 03:50PM P1
City Council
Cit~ of Boynton Beach
FlOrida
November 5, 2001
608 William Avenue
Colorado Springs, CO 80906
Dear City Council:
I am sorry that I am unable to attend the meeting regarding the proposed demolition of
the Boynton High School building built in 1927 (approx.).
My family came to the Boynton area in 1911. I was born there in 1914. i attended
Boynton School where my father, W.S. Shepard, had been the first principal, and my
aunt Annie Streater Shepard was among the first teachers. Boynton wes a "speck~ of a
town then, and the area was the newest American frontier. As people flocked to South
Florida, our little town grew, and the need for public schools grew with it. I remember
watching the construction of the high school building from my eighth grade classroorn
window in the now-p~eserved elementary school. Some of the children had been
moved to the temporary classrooms on the school grounds while the high school wes
being built. This building is an integral part of the historic school site.
The high school represents Boynton's past, present, and future as a progressive city
that makes eduCation a top priority. It tells of a time when people came to South Florida
to start their new lives, to make a wey for their families in the untamed tropics. It
represents the people who were willing to take a chance on building Boynton into a real
town, then into a real city.
I ask you to havethe foresight to preserve the old Boynton High School building as one
of so few buildings to have survived both the times and the hurricanes. Our history
always tells our future. This piece of history should not be demolished and paved over
unless we expect Boynton's future to be nothing more than a c'~y of parking Iots--a city
that cares more about cars than it does about what made the City of Boynton Beach
great.
DEVELOPMENT ORDER OF THE CITY CO MMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park PID - Gateway Crossing
APPLICANT'S AGENT: Nell J. Gaeta
APPLICANT'S ADDRESS: 3555 North Lake Boulevard - Palm Beach Gardens, FI
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: -October 17, 2001
TYPE OF RELIEF SOUGHT: Use approval
LOCATION OF PROPERTY: Quantum Park PtD, Lots 81 and 82
DRAWING(S): SEE EXHIBITS "A" AND "B" ATTACHED HERETO.
x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynto~
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:
Application for the relief sought was made by the Applicant in a manner consistent with
the req uirements of the City's Land Development Regulations'.
The Applicant
Z' HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested
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".
The Applicant's application for relief is hereby
X' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately ubon 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: fl-- ~-u~ ~ //I, ¢~~
.... [' / City Clerk
S:~P~anning~SHARED~WP~PROJECTS~Quantum-Gateway Cro~USA~Develoement Order.doc
EXHIBIT "C"
Conditions of Approval
Project name: Gateway Crossing (Quamum Park P1D)
File number: USAP 01-003 (Use Approval)
Reference: Letter ofrequesl from Nell J. Gaeta of Gaeta Developmemt Co. dated Se ~tember 5, 2001.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: X
UTILITIES
Comments: X
Commcmts: X
POLICE
Comments: X
ENGINEERING DIVISION
Comments: X
BLrlLDING DIVISION
Comments: X
PARKS AND RECREATION
Comments: X
FORESTER/ENVIRONMENTALIST
Comments: X
PLANNING AND ZONING
Comments:
1. Retail uses will be limited to those lots w/th the "commercial use" option. X
2. Restaurants and related drive-through features shall be limited to Lots #81 and X
#82.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
X
Comments: NONE
Page 2
Steak 'n Shake
FileNo.: COUS 98-005
I
DEPARTMENTS [ INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. Gateway Crossing Site Plan roject must be approved without conditions by the X
Quantum Architectural Review Committee prior to and as a condition of
permitl/ng. If Quantum Architectural Review Committee does not approve by
October 22, 2001 this approval by the City is subject to recommendation at the City
Comm/ssion meeting of November 6, 2001.
S:~Plarmmg SI-IARED\WPq>R0YECTS\Quafitam43ate~vay Crossing\USAP\Condifions of Approval.doc
TO:
FROM:
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-205
Chairman and Members
Planning and DevsIopment Board
Michael Rumpf~'
Director of Planning and Zoning
DATE:
September 24, 2001
SUBJECT:
Quantum Park PID (File No. USAP 01-003)
Retail store, fast food restaurant with drive-thru service, and restaurant on Lots 81 and 82.
NATURE OF REQUEST
Mr. Nell J. Gaeta, of Gaeta Development Co., is requesting use approval for retail stores, a fast food
restaurant with drive-thru service, and a "high-turnover" restaurant, for the above-referenced lots within the
Quantum Park Planned Industrial Development (see attached location map - Exhibit "A"). The applicant is
proposing to construct a 77,375 square-foot building to house multiple retail uses. The planned project is
also to include two (2) smaller structures each at 5,000 square-feet, one of them to be used for a fast food
restaurant with drive-thru service, and the other one for a "higJ~-tumover' restaurant (see proposed site
plan - Exhibit "B").
Chapter 2, Zoning, Section 7,E. of the Boymon Beach Land Development Regulations permits building
structures to be occupied by any office, professional, 3usiness (wholesale or retail), provide that ail new
uses proposed within a Planned Industrial Development (PID) district be approved by the Planning and
Development Board (and Cty Comm ss on) Furthermore according to the Master Site Development Plan
Amendment No. 10 for the Quantum Park PID, the subject parcels (81 and. 82) are class fled as OIC,
thereby allowing office, industrial, and commercial use alternatives.
In compliance with the above-referenced section of the Land Development Regulations, the applicant is
requesting that retail stores, and fast food restaurants, including a drive-thru feature be approved for the
lots 81 and 82. Quantum Park PID, with the commitment to comply with al! of the City's performance
standards.
BACKGROUND
The following is a description of the zoning district and land use classifications of properties surrou'nding
the subject parcels, indicated in Exhibit "A":
North: Gateway Boulevard right-of-way, ano Carther north a vacant property zoned PID and classified
OIC, Office, Industrial and Commercial;
South: Car Max, an automobile dealership zc ned PID and classifiec COMM, Commercial;
East: Seaboard Railway and 1-95 rights-of-way; anc
West: High Ridge ~,oad right-of-way, and farther west s gas station and vacant parcels zoned
and classified MU, Mixed Use.
Unlike other conventional zoning districts, the zomng code aoes not set forth specific uses permitted in a
PID. Pursuant to Chapter 2 - Zoning, Section 7.E. in a ~ID, a building and its customary, ancillary
structures and [and uses may be erected, altered and occupied for any office, professional, business
(wholesale and retail), educational institution, adult entertainment (consistent with Section 11.M. of the
~) zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and
Development Board. To approve such a use the Planning and Develc 2merit Board must make findings
that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the
zoning reguIations, and that the use uroposed s consistent with the intent and purposes of the Planned
Industrial Development District.
Page 2
Memorandum No. PZ 01-205
Furthermore, in March 2000, the City of Boynton Beach approved the Master Site Development Plan
Amendment No. 10 for the Quantum Park PID to reflect new trends in the type of uses suitable within the
Quantum Park P/D. Based on the Amended Plan, and concurrently with this use approval request, the
applicant is proposing the construction of three commercial retail and restaurant buildings totaling 87,375
square-feet on lots 81 and 82 of the Quantum Park PID, (see Exhibit "B" - proposed site' piCn).. .
ANALYSIS
The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to
persons, an reals, vegetation or property located on adjacent or nearby properties or right-of-way; or to
interfere wi~h the reason~b e use or enjoyment of adjacent or nearby property by reason of noise, vibration,
smoke, dust, or other part cu ate matta~; toxic or n~xious matter; odor, glare heat or humidity; radiation,
electremagnetic interference, fire or exp os ve hazard, liquid waste discharge, or solid waste accu 'nulation.
The applicant has been asked to provide a description of their request relative to the performance
standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and
appropriateness of this use within the PID district. These responses are listed as follows:
1)
Noise: No sound will be createc which in violation of Section 15-8 of the City Of Boynton
Beach Code of Ordinances.
2)
3)
Vibrations: No ground vibrations will be generated by the proposed use.
Smoke, dust, dirt, or other particular matter: No emission of smoke, dust, dirt or oth'er
particuIar matter will be created. The proposed use will not.allow the emission of any
substances in violation of any federal, state, coun~ or city aws or permits governing the
emission of such substances.
4)
5)
Odors and fumes: No objectionable or offensive odors wiIl be readily perceptible at any point
beyond the industrial district.
Toxic or noxious matter: The proposed use will not aIIow any toxic or noxious matter to be
discharged in such concentrations as to cause damage to proper~y or vegetation, discomfort
or harm to persons or animals, or prevent the reasonable use and enjoyment of property, or
rights-of-way at or beyond the property line or to contaminate any public waters o¢ any
groundwater.
6)
7)
Fire and Explosion: The proposed use will not create a fire or explosion hazard.
Heat, Humidity or Glare: The proposed use will not produce heat, humidity or glare, which is
readily perceptible past the property boundary. The lighting will conform to the City of
Boynton Beach's standards.
8)
9)
Liquid Waste: Any disposition of liquid waste will be in conformance with the provisions of
Chapter 26 of the City of Boymon Beach Code of Ordinances or any applicable federal,
state or county laws or permits.
Solid Waste: Any accumulation or disposal of solid waste will be in conformance with
Chapter 10 of the City of Boyntor Beach Code of Ordinances and will not be transferrec to
adjacent or nearby property or rights-of-way.
10) Electromagnetic Interference: No electromagnetic radiation or interference will be created.
Page 3
Memorandum'No. PZ 01-205
11) HaZardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will be
createQ, stored or handled with the proposed use.
It is the opinion of staff that the proposed retail and restaurant uses are consistent with the intent and
purpose of the Quantum Park PID, as the master plan nas always had a "commercial" use option on
selected lots, _the uses reflect chang~-!n !and development or current market trends, and furthers the
attempt to provide a' desirabl~"-~ironment for industrial developments, "while complying with the City's
code requirements". 'As for impacts to both the adjacent properties and the Quantum Park PID, the
proposed uses are compatible with adjacent uses which includes a gas station, car dealership, and the
uses anticipated on the nearby parceIs designated for mixed use. The total acreage for the subject parcels
is within 'the max mum intensity for commercial uses allowed by the Quantum Park DRI Master Plan.
Furthermore, the applicant has submitted a traffic performance standard review statement reviewed by the
Palm Beach County .Traffic Division, determining that the proposed development falls within the previously
approved DRI and meets~he Traffic Performance Standards of Palm Beach County.
Use ~pprovals typically apply to lots with selected use options, rather than only specified lots. Staff would
recomme.nd that the ?ail use element of the request be processed as typical and therefore apply to lots
with the commerc a use option, whereas in order to limit t~e magnitude of restaurants within the
Quantum PID, and in particular, fa~t food restaurants. Staff recommend~ that the restaurant aspect of the
application only apply to Lots 81 and 82.
The site plan for the project is being reviewed and prepared concurrent with the subject use apBroval
request,
RECOMMENDATION
Based on the analysis contained hereir,, staff recommends that the list of permitted uses within the
Quantum Park PIC, be amended to allow retail uses on lots with the 'commercial use" option and to allow
restaurants, with or without drive-through services, omy on Lots 81 and 82. Additional conditions
recommended by the Planning and Development Board or the City Commission will also be placed in
Exhibit "C" - Conditions of Approval.
MR:sb
Attachments
LOCATION MAP
Gateway Crossing
..... ~ ;NiN'!
EXHIBIT "A"
'SITE
~K OF OOMM
.~_'T_U
I/8 M[LEE
400.800 FE~
E'XH I B IT "Bi"~
· i
(~p~R~OARD .~, °
I!!] GATE~AY CROSSING
~EVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Gateway Crossing
APPLICANT'S AGENT: Nell Gaeta
APPLICANT'S ADDRESS: 3555 Northtake Blvd. Palm Beach Gardens, FL. 33403
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2001
TYPE OF RELIEF SOUGHT: Request to construct 77,375 square feet of strip commercial center and
two (2) 5,000 square foot restaurants with one [1) drive thru lane on 9.39 acres.
LOCATtQN OF PROPERTY: Lots 81 & 82 Quantum Corporate Park
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO.
X. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
Application for the relief sought was made by the Applicant ir~ a manner consistent with
the requirements of the City's Land Development Regulations.
The Ap p. li.,ca nt
,;x., HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
X 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.
DATED: /l--G-O~ ~ 773, ~~ / / Ci~ Clerk
S:~Planning~SHARED~WPtP RO J EOTS~Quantum-Gatewa, Crossing~P~D~elou.~ rder Form-2001-Revised.do~//
EXHIBIT "C"
CONDITIONS OF APPROVAL
NEW SITE PLAN
Project name: Gate~vay Crossing
File number: NWSP 01-013
Reference: 2*a review plans identified as New Site Plan. File # NWSP 01-013 with a September 25,2001
Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: X
PUBLIC WORKS - Traffic
Comments:
1. Staff has learned that the developer intends to use the most southern X
driveway for commercial track del/reties. In ordm' to accommodate th/s
type of vehicular activity, the developer has agreed to insert a corrugated
concrete meddan to allow for commercial (truck) traffic only onto High
Ridge Road, with appropriate signage at the south driveway entrance to read
"Track Delivery Only".
UTILITIES
Comments: NONE X
FIPd¢
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments:
2. These permits include, but are not limited to, the following: paving, X
drainage, clearing & grubbing, excavation & fill, curbing, site lighting,
landscaping and irrigation. Permits required from other permitting agencies
such as Florida Department of Transportation (FDOT), South Florida Water
Management District (SFWMD), Lake Worth Drainage District (LWDD),
Florida Department of Environmental Protection (FDEP), Palm Beach
County Health Department (PBCttD), Palm Beach County Engineering
',onditions of Approval
DEPAKTM]BNTS INCLUDE REJECT
Department (PBCED), Palm Beach County Department of Environmental
Resource Management (PBCDERM), and any others, shall be included with
the permit request.
3. Show ali existing natural features, utilities and elevations on site X
characteristics map (Survey) and Site Development plan (LDR, Chapter 4,
Section A).
4. Spot elevations existing and proposed provided on the paving, grading & X
drainage plan are inadequate to adequately determine flow patterns.
5. Provide drainage data for site drainage as specified in the LDR, Chapter 6,
Article IV, Section 5. Show rim and invc~rt elevations for all manholes and X
catch basins. Indicate, by note and with details, that all catch basin and
mankole covers are bicycle proof (LDR, Chapt~ 5, Article IV, Section
5.^.2.~).
6. Provide data of underground soil conditions (LDR, Chapter 6, Art/cie IV, X
Section 9).
7. Indicate in your response whether fill material will be imported for this site. X
If so, an Excavation3;ill pm-mit will be requ/red (LDR, Chapter 8).
8. Label the "Point of Commencement" (see comments on plans). X
9. Label the west line of Section 16 (see comments on plans). X
10. Baseline of survey should be shown as an intm'rupted line, and show bearing X
on baseline (see comments on plans).
11. Correct the distance from the baseline to the Point of Beginning; the Point X
of Beginning is incorrectly labeled, as the NW comer of plat, should be the
NE comer.
12. The easterly line of the plat, also the westerly right-of-way of the CSX X
Raikoad shall be shown in the sketch and correctly labeled as "Seaboard All
Florida Rail~vay" right-of-way.
13. The legal description for the subject property is writtcm as Lots 81 and 82, X
less the CSX raikoad right-of-way. The CSX railroad right-of-way
description extends beyond the boundaries of the subject property. The legal
description needs to be amended to properly describe the lessened portion. It
may be useful to present information in a tabular form.
14. Label the southerly plat line. X
15. Label the northerly plat line. X
DEPARTMENTS INCLUDE REJECT
16. The letter "D" in the curve information should be replaced with a "A". X
17. Increase the lettering size on the plat for legibility. X
18. Indicate wh/ch edition of the FDOT Standard Specifications for Road &
Bridge and Standard Index is to be used - the 2000 Specifications are X
recommended since they have both English and Metric units.
19. Indicate the current version of the Manual on Uniform Traffic Control X
Devices in the paving and draInage General Notes.
20. Indicate which type curb is to be used (Sheet L-2 of 3). Provide a detail of X
the curb.
21. Provide additional information/instructions regarding watering for plant X
estabhshment and water restrictions.
BUll,DING DIVISION
Comments:
22. Add to the site plan drawing ail existing easements that are shown on the X
survey. Also, add ail proposed easements. The location, type and size of the
easements shall be shown and identified on the site plan. Where applicable,
amend the plans so that structures do not encroach into an easement.
23. At time of permit review, provide a completed and executed City unity of X
title form. The form shall describe all lots, parcels or tracts combined as
one lot. A copy of the recorded deed with legal descriptions of each
propcmy that is being unified is requ/red to be submitted to process the
form. The property owner that is identified on each deed shall match.
24. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
25. At time of permit review, submit a copy of the recorded resolution that X
verifies the abandonment of the alle~, ri~ht-o£-wav or easement.
26. To properly determine the impact fees that will be assessed for the project, X
identify on the site plan if the restaurant is a high quality, eat-in high turn
over, or fast food with drive-through type of restaurant. Also, identify on
the site plan the number of existing seats, number of new seats and the total
number of seats provided. On the floor plan, chronologically number ail
seats including those seats that are around the bar.
27. At time of permit review, submit for revie~v an addressIng plan for the X
project.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments:
28. Submit detailed Lrrigation plans for right-of-way landscape and site work X
improvements during the construction document permitting stage, for
review and approval bythe Parks Department staff. Include on the plan
location of any existing irrigation in the right-of-way.
FORESTER/ENVIRONMENTALIST
Comments:
29. The applicant must provide a tree survey indicating the quantity of desirable X
existing trees which will be preserved, relocated or removed / replaced on
the site. This tree survey should be correlated with the notes on page L-1 of
3.
PLANNING AND ZONING
Comments:
30. The survey cannot be older than six (6) months at the time of site plan X
submission.
31. The two (2) restaurants are subject to site plan review and will require X
separate site plan and landscape plan submittals. Eliminate the designation
of these restaurants as "outparcels".
32. Provide cross access agreements if necessary, where there are multiple X
owners between the builcl~n ~s
33. Provide cross parking agreements if necessary, where there are multiple X
owners between the buildings.
34. The site plan must identify the Quantum Park DRI master plan Land Use for X
the subject property.
35. The total number of parking spaces provided/n the tabular data does not X
match the graphic representation on the site plan or photometric plan. The
tabular data indicates 498 parking spaces are provided but the drawing only
sho~vs but 495 park/rig spaces. Tl'fis discrepancy bet~veen the two must be
corrected.
X
36. Include a color rendering of all elevations prior to the Planning &
Development Board meeting (Chapter 4, Section 7.D.2.).
37. Submit a color sample / swatch of all nmjor exterior finishes. Each sample X
DEPARTMENTS INCLUDE REJECT
and / or elevation shall include the manufacturer's name and color code
(Chapter 4, Section 7.D. 1 .).
38. Provide as part of this application, conceptual elevations of the two (2) X
future stand-alone restaurants to ensure future architectural compatibility
with the main commercial / retail building and the P.I.D.
39. Provide a detail of the proposed monument sign, including exterior X
dimensions, sign area, materials, and colors, The monumcmt sign must be at
least ten (10) feet from the property line and meet the Quantum Park master
sign program, including the site address.
40. The dumpster enclosure shall resemble with respect to the color and X
materials, the design of the principalbuildings and shallbe integrated with
other site elements (Chapter 9, Section 10.E.3.).
41. All above ground mechanical eq~pmant such as exterior utility boxes, X
meters, transformers, and back-fl0w preventers shall be visually screened
with landscaping / hedge material (Chapter 9, Section ~0.C.4.).
42. Landscaping at project entrances shall contain a minimum of two (2) X
colorful shrub species on both sides of the entrance and a signature tree
(Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not
contribute toward the total number of required perimeter trees or parking
area interior landscaping. (Chapter 7.5, Article II, Section 5.G.). Provide
two (2) additional signature trees, such as Yellow Elder, Tibouchina
granulosa, or Bougainvillea at both project entrances.
43. Sculptures, fountains, gardens, pools, and benches shall be encouraged X
within the site design (Chapter 9, Section 10. H.).
44. On the landscape plan, change the "MC" symbol to "CI" so that there are X
not multiple symbols for the Red Tip Cocoplum.
45. On the site plan, show the circular landscape "cut-outs" that are proposed in X
front of the building as shown on the landscape plan.
47. The supporting columns, archways, and changes in the building facade X
depth shown on the elevations do not relate to the floor plan or site plan.
Include these elements on all plans so that they all correspond with each
other.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
48. Change to number 23. Pr/or to issuance of certificate of occupancy, provide X
a completed and executed City unity of title form. The form shall describe
all lots, parcels, or tracts combined as one lot. A copy of the recorded deed
with legal descriptions of each property that is being unified is required to
be submitted to process the form. The property owner that is identified on
each deed shall match.
Conditiom of Approval
U
DEPARTMENTS INCLUDE REJECT
49. Project must be approved by the Quantum Architectural Review Committee. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
50. Gateway Crossing Site Plan project must be approved without X
conditions by thc Quantum Architectural Review Committee prior to and as a
condition of permitting. If Quantum Architectural Review Committee does
not approve by October 22, 2001 this approval by the City is subject to
recommendation at the City Commission meeting of November 6, 2001.
MWR/sc
S:\Planning\SHARE D\WP\P ROJ ECTS\Quantum-Gateway Crossing\NWSP\cond. of approval 2001 form.doc
LOCATION MAP
Gateway Crossing
IN
;ITY
EXHIBIT "A"
SITE,
· × /
'~/8 MILES
400 800 FEET
EXHIBIT "B"
ROAD
~Xeoxe~ X~L FLo~
(INTC--RSTAT-E. I 95 B~YOND) 'AILWAy ~~ ' _
GATEWAY CROSSING
Y
EXHIBIT "B" i
RIDGE ROA0
EXHIBIT "B"~
ROAD
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Beach Medical Pavilion (HTEX 01-002)
APPLICANT'S AGENT: Chris Kerr, Kilday & Associates, Inc.
APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A West Palm Beach, FI
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: ~
TYPE OF RELIEF SOUGHT: Height Exception for a parapet wall.
LOCATION OF PROPERTY: 2815 South Seacrest Boulevard
DRAWING(S): SEE EXHIBITS "A", "B", "C" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
24' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
and conditions of this order.
Other
-- (,_ .,/ City Clerk
All further development on the property shall be made in accordance with the terms
EXHIBIT "E"
Conditions of Approval
Proj ecl name: Boynton Beach Medical Pavilion
File number: HTEX 01-002
~lication received S, ~tmnber 6 2001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Cgmments: NONE X
FIRE
Comments: NONE X
POLICE
Camments: NONE X
ENGINEERING DMSION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Con~nents: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMiVLISSION CONDITIONS
Comments: To be determined.
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-216
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION '
October 5. 2001
Project Name/File No:
BOYNTON BEACH MEDICAL PAVILLION / HTEX 01-002
Height Exception for parapet wall
Property Owner:
Bethesda Healthcare System
Applicant/Agent:
Chris Kerr, Ki[day & Associates, Inc.
Location:
2815 South Seacrest Boulevard
Land Use/Zoning:
Office/C-1 (Office and Professional Commercial District)
Proposed Use:
Medical Office
Project Size:
Site Area: 2.05 acres (89,162 square feet)
Building Area: 29,173 square feet
Adjacent Uses:
(See Exhibit "A" - Location Map)
North - SE 27TM Avenue right-of-way and -"aAher noah a medical
office building zoned C-1;
South
Medical office building zoned C-1;
East -
SE 1~ Place right-of-way and farther east a church
located on a single-family residential development
zoned R-l-AA; and
West -
Seacrest Boulevard right-of-way and farther west
Bethesda Memorial Hospital zoned C-1.
Request:
Request for a height exception pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow
a parapet wail feature to be constructed at 31 feet 8 inches (31'-8")
high, which is 1 foot 8 inches (1'-8") in excess of the maximum thiAy
(30) foot height limit in the C-1 Office and Professional Commercial
zomng district.
BACKGROUND
The subject property is currently developed and used for medical offices, featuring a duster of three
(3) buildings constructed in 1978. It is located along South Seacrest Boulevard facing west and
across from the Bethesda Hospital (see Exhibit "A" - location map). On September 4, 2001, the City
Commission approved a site plan for a new 29,173 square-foot building at the site subject to City
approval of code modifications and approval of height exception applications (see Exhibit "B" - site
plan). The proposed building features a 44 feet 4 inches (44'-4") high entrance which was the
subject of a height exemption application aeproved by the City Commission on September 4, 2001.
Page 2
Boynton Beach Medical Pavilion/HTEX 01-002
Memorandum No. PZ 01-216
Furthermore at their October 4, 2001 meeting, the-'City Commission approved the second reading
of an ordinance to:
a) include parapet walls in the list of structures eligible for exemption from height limitations;
and
b) increase the maximum structure height in the C-1 zoning district from twenty-five (25) to
thirty (30) feet.
The proposed new building at the subject site includes a parapet wall that will exceed the new
height limit for the C-1 zoning district ~)y one foot eight inohes (1 '-8") (see Exhibit "C" - elevations).
The applicant is requesting this height exception to allow the construction of the proposed parapet
wall at 31'8" high. This height exception application is submitted in compliance with the conditions of
approval for the above-mentioned site plan.
ANALYSIS
Land Development Regulations, Chapter 2, Zoning, Section 4.F. 3, Height Limitations and
Exceptions, states that in considering an application for exception to the district height regulation,
the City Commission shall make findings indicating the proposed exception has been studied and
considered in relation to minimum standards, where applicable. Exhibit "D" lists those standards and
how the applicant addressed them.
According to the application, the overall building height will be 31 feet and 8 inches (31'8"), thereby
exceeding the maximum height allowed within the C-1 zoning district. In addition, the parapet wall
will accent the entire fa(;ade when considered together with the recently approved entrance feature
at forty-four (44) feet, contributing to the overall quality of the project. This design pnncipal is
promoted throughout the city and is consistent with design prindples recommended within the City's
redevelopment plan, and other architectural designs recently approved or constructed in the area
such as the nearby Dr. Verma Medical Office, and the Bethesda Hospital expansion.
Lastly, staff feels that the requested exception will not impact the area in a negative way because:
a) a recent approval of a height exception of 44 feet for the ma~n entrance feature for the same
project;
b) the subject parapet wall would provide the req aired screening for the roof top equipment; and
c) the application represents the minimaI necessary to achieve the design intent of the project.
RECOMMENDATION
Based on the analysis contained herein, and on the applicant's response to the m~mmum standards
required by code, staff recommends that this request for a height exception for a parapet walt of one
foot eight inches (1 '8") be approved. No conditions of approval are recommended; however, any
condition of approval recommended by the Planning and Development Board or required by the City
Commission wili ee placed in Exhibit "E"
Attachments
JA:MR
S:\Planning~SHARED\WP~PROJECTS\Boynton Beach Lledical Pavilion\HTEX-Para~et Wall\HEIGHT EXCEPTION.STAFF REPORT.doc
LOCATION MAP
Boynton Beach Medical Pavilion
EXHIBIT "A"
Pa
3
400 8,00 FEET ,~- :,':
II ii
tl
iii
EXHIBIT-':B'L
. II !!
i
i, tOFIIAVd
~IV;3I(I~t~ HOYa8 NOSNXO~
{
EXHIBIT"D"
Kilday & Associates
Landscape Architects ! Planners
155_1 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-6522 · Fax [561) 689-2592
www. kildayinc.co m
(as amended OctOber 11, 2001)
Ms. Lucia Galav, AICP
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425-0310
RE: Request for height exception for East Boynton Medical Arts Pavilion
Ourtile 868.28 -
On behalf of the apphcant, Boynton East Medical Investors, LTD, please accept this
request for an exception from the required building height limitation on a medical office
building proposed at the southeast comer of Seacrest Blvd. and SE 27th Ave. 2~ae City
Commission recently amended the Land Development Regulations to include parapei
screening to the list of items that can extend above the district's building height
limitations. This site plan, with parapet, was the basis for this change to the LDR's. This
request is to allow a portion of the parapet screening of the proposed Boynton Beach
Medical Pavilion to be exempt from the height requirements of the C-1 Zoning District.
The proposed parapet will screen the HVAC and related equipment from view. It will
extend 20" above the maximum building height limitation of 30' in the C-1 District. The
top of the parapet will be 3t' 8" from the finished floor elevation. Please see the attached
cross section detail of the building height and parapet. It should be noted that this is the
identical site plan, architectural elevations, and parapet screening that was recently
reviewed and approved by the TRC, Planning & Zoning Beard, and City Commission.
No changes have been made to the plans.
Height exceptions are requffed to be consistent with the standards of Section 4(F)3. as
follows:
a. IVhether the height exception will have an adverse effect on the existing and
proposed land uses.
The height exception will not have any adverse impacts on the existing or proposed
land uses. The site currently houses several medical office buildings, up to two
stories in height, which were built in 1978. The recent conswaction at the hospital
has hastened redevelopment in this area such that the existing buildings have
become undesirable. The redevelopment of this site will allow for the continued
operation of medical offices on this property in a modern, upgraded building.
Height exception request
Page 1 of 3
Because the height waiver will allow th~ applicant to screen the unsightly rooftop
eqmpment from view as well as enhance the buildings appearance from the .Seacrest
Blvd. frontage, it will have a positive effect on the current and surrounding land
uses in the area.
b. Whether the height exception is necessary.
This height exception is a necessxry in order to sufficiently screen the rooftop
equipment from view and to enhance the appearance of the building. Since the
current office building was constructed, the City has incorporated into the/r Land
Development Regulations requirements to screen rooftop equipment as well as
reqmrements to enhance all building facades (Ch. 9, Section 11). This Section
requires that, "rooftop equipment must be completely screened from view at a
minimum distance of 6OOfeet". The proposed parapet will make this possible.
c. Whether the height exception will severely reduce light and air tn adjacent
areas.
The proposed height exception will not reduce or adversely affect light on adjacent
areas. The parapet will only exceed the district's height limitation along the
perimeter of the building by 20". There is a residential home along a portion of the
southern property line. The existing office building is setback 24 feet from this
property line. The Boynton Beach Medical Pavilion building will increase this
separation to over 80'. In addition, because the subject property is on the north side
of tiffs neighbor, the proposed building will nor encroach into this neighbor's
sunlight at any time of the day.
d. Whether the height exception will be a deterrent to the improvements or
development of adjacent property in accord with existing regulations.
The height exception will not deter, but wilt actually encourage the development of
adjacent properties in accordance with existing regulations. The majority of the
structures on the east side of Seacrest Blvd. were constructed before 1980. Many
are non-confurming and do not meet the current Code requirements for setbacks,
access, landscaping, parking, etc. This proposal will farther the redevempment of
this area, and will act as an exemplary model of design for the adjacent properties.
e. Whether the height exception will adversely affect property values in
adjacent areas.
This height exception, in conjunction with the proposed redevelopment of the
property, will only serve to increase the values of adjacent properties. As stated
earlier, rrmny of the properties in this area are in dilapidated condition. This
redevelopment and the supetior design that the height exemption allows will
enhance the value of this and the surrounding properties. Cm-rently, the site ~s in
disrepair with poor access and few redeeming architectural qualities. This
exemption will reverse these effects.
Whether the height exception will adversely influence living conditions in
the neighborhood.
Height exception request
Page 2 of 3
As described above, this height exceptipn will advance the quality of the living
conditions in the neighborhood. This proposal is for a high-quality building of
superior design, and exemption reqnested is parr of that design and will only serve
to nnprove upon it. The current living conditions in the neighborhood are
jeopardized by the existing lot layout and building design. Not only is the ~urrem
access onto Seacrest Blvd. dangerous, but the visual appearance of the existing
building prdy' .s~es to blight thc neigl~?_o~hopd. This proposal will significantly
improve upon the quality of living in the neighborhood.
g. Whether the height exception will constitute a grant of special privilege ro
an individual owner as contrasted with the public welfare.
Gmntlng of this exemption will benefit the public welfare and City in general. The
individual owner of the property is requesting ths building exemption to have the
opportunity to construct a building af superior design, far beyond what currently
exists on this property or on the adjacent properties.
Items (h) and (i) are not standards for the appRcant to address.
Please accept this application for the height exception based on the above criteria.
Call me ,x~th any questions or comments.
Kilday & Associates, Inc.
Enclosures
Height exception request
Page 3 of 3
Strategic Tnitiative 2-5
Review Vision 20/20 Plan
Report Contents
Assignment
Methodology
Findings
Summary/Recommendation
GoaIs/ Objectives Matrix
Projects Matrix
CRA Finding of Necessity
Assignment
In August 2000, the Boynton Beach City Commission approved 55 Goal
Areas. Strategic Initiative Teams were established by the City Manager
and asked to create, to initiate and to accomplish an implementation
strategy for the assigned goals and objectives.
The details of this report relate to Goal 2: Guiding Appropriate
Development and Redevelopment of Boynton Beach - Strategic Initiative
2.5. The assignment was to: Complete a comprehensive review of
the Vision 20/20 plan to update or resolve conflicts with current
planning initiatives in the City.
The TEAM appointed to this strategy was: co-team leaders Arthur Lee
and Virginia K. Farace, and team members Dick Hudson and Margelly
Beltran. The team received review and suggestions from Goal 2 leader:
Quintus Green and his staff.
Methodology
The Team decided that two objectives needed to be achieved as part of
this review.
1. Determine the legal status of the Visions 20/20 Redevelopment Plan.
2. Review and analyze the Goals and the Projects contained within the
Plan.
Findings
Legal status: After reviewing several different documents (newspaper
articles, commission minutes, etc.) and consulting with the city
attorney, it was found that the Plan was never adopted by ordinance.
The document was conceptually approved by motion rather than
resolution at the August 11.8, 1998 City Commission meeting.
("Commissioner Titcomb moved for conceptual ado ption of the
Visions 20/20 Plan. Vice Mayor .]askiewicz seconded the motion that
carried unanimously.")
Further, the team determined that the Plan, even though not
formally adopted, has served as the guide for most of the planning
and development activity undertaken by the City since its conceptual
adoption. It has been a major factor in the selection of projects
included in the Capital Tm provement Program, and continues to guide
city decisions as well as have a profound influence on the study area.
Review a nd analysis of Visions 20/20: The team went through the
document, reviewed the Goals a nd the list of projects. Determination
was made on the status of each, and the association between these
and the current wave of redevelopment activity. Tt was found that
mos~ were accomplished, are ongoing, or have related tasks or
projects that are tied into the Comprehensive Plan, which is the
legally approved planning document for the City.
For reporting purposes, both the Goals and the list of Projects from
the Visions 20/20 document ~were compiled into two separate
matrices. The Goals and Objectives matrix uses the language exactly
as printed in the Plan and then lists related tasks undertaken by the
city and the status of those tasks. All objectives have been
addressed by the city.
The matrix for the list of projects again uses the language as printed
in the document and gives the page citation for the project. The
matrix has two rows of information giving the Project Name, Cost
Estimate, Schedule, Funding Source, Responsible Entity, and Other
Task ~[nvolved. The first row is Project Tnformation as recommended
in Vision 20/20 Redevelopment Plan~ The second row (shaded gray)
gives the Host Current Project Tnformation. Any special information
is noted with an asterisk (*) and appears directly under the
corresponding project.
Summary/Recommendation
The Visions 20/20 Redevelopment Plan has served the city as a guiding
vision. Even though only adopted conceptually, most of the Goals have
been addressed and the Projects completed either directly as presented
or through other programs or related projects. The CRA has now been
charged with the future planning and implementation for the study area
covered in the 20/20 plan.
The recommendation is that pages :[30-t48 (attached) of the Visions
20/20 Redevelopment Plan be formally adopted (by ordinance) to satisfy
the requirements of F.S. :[63.355, providing an official finding of
necessity supporting the expansion of the CRA area, and that the 20/20
plan continue as a general guide for planning and development in the
study area.
~o
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0 0 0 0
~ .g ~ ~
~0~ C~ 0 ~~ ~ C
~o~ o ~ ~ ~ ~ ~
~Z~ ~ ~ v~
, ~ 0 0 C
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~o _~ o _~ o o
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Projects Tmplementation Matrix
(Based on Vision :>0/20 Redevelopment Plan Matrix- P.
Table Legend:
1. Project Information as in Vision 20/20 redevelopment Plan
Z Most Current Project Information
* Special ];nformation
Pro, leds
Stormwater Facility (p. 40)
Cost ~sfimate
1. $3.5 million
Schedule
1998-1999
Funding
Utility
Revenue bond,
,user fees
Respons/b/e
Entity
City
Other/Task
_rnvolved
Port Promenade (p. $9)
Cost Estimate Schedule
1. $1.15 Mi ion 1998- 1999
Funding
ISTEA 6rant/
CRA/specid
district
Responsible
Entity
City/CRA
Other/Task
.Tnvolved
t~arina Area Parking Phase
Cost ~stimote
1.$425,000
Schedule
I998-1999
FundinR
GRA/
developer/user
fees
[2esponsible
EntiP)/
Other/Task
Involved
· Port
Promenade
Phase II/
A~arina Area Parking Phase II (p. ~9)
1. $4;0 MilliOn
Schedule
2003-2005
Fundin9
CRA/
developer/user
fees
Responsible
Other/Task
Involved
· Port
Promenade
Phases
Z/II/
Marina
Area
Parking
Phase I
Port Promenade- Phase _r_r (p; 39)
Cost Estimate
L $2.4§
Miflion
Schedule
2003-2005
Funding
tSTEA ~rant/
CRA/special
District
Responsible
Entity
Other/Task
Znvolved
· Port
Promenade
Phases
I/II/
Marina
Area
Parking
Phase I
Expansion (p. 157)
Cost estimate Schedule Funding Responsible Other/Task
Entity fnvolved
1. --- 1998-1999 City
Designate Full-time CRA D/rector and Staff
Cost estimate Schedule Funding Responsible Other/Task
Entity £nvolved
t. $120,000 1999-2003 CRA CRA
* Independent CRA Director APproved by CRA Board On 9/11/0!
Adopt 20/20 Land Llse & Urban Design (p. 71-75) *
Cost estimate Schedule Funding Responsible Other/Task
Entity £nvolved
1. ---- 1998-1999 Not Applicable City · Ocean
Avenue
· City Club
· Town
Square
campus
· MLK
incubator
· Federal
Highway
study
· 1913
Schoolhouse
*Project to broa¢ there are sub-sections
Currently CRA Update Projects
U51 Corridor Study (Adopted May 2001)
MLK Redevelopment (Heart of Boynton) Plan (bec. 2001)
Ocean bistrict Redevelopment Plan [2002)
Ocean Avenue Promenade (p. 7Z-75)
Cost est/mate Schedule Funding Responsible Other/Task
Entity fnvolved
1. $1 Million 1998-2000 City/CRA/ CRA · Old Town
ISTEA grant Streetscape
· Commercial
Facade
Improvements
· 1913
Schoolhouse
· Town Square
Campus
1915 Schoolhouse A~useum (p. 88)
cost estimate
1; $1:§ Million
$chzdule
Funding
Responsible
Ent/ty
City
Other/T~k
Remove ~nd Rep/ace Civic Cetffer/ Redevelop Old High School (p, 87-88) *
Cost eSt/mateSchedule
~. $~ Mi io. ~om-zooz
Funding
CRA/~rantS/
CiW Fund
* This project is the New Civic Centre/Auditorium
Responsible I Other/Task
Entity ] Involved
City * Town Square
CamPUS
· Addition to the
Arts Center
· Expansion to
Town ~quare Campus (p. 82-899
Cost est/mate
1..$1.5 AAillion
$chedu/e
2001-2002
Funding
City/CRA
revenues
/%esponsible
Entih/
Ci~/CRA
Other/Task
Znvolved
· Civic Center
Removal and
Replacement /
Redevelopment
of Old High
School
· 1913
Schoolhouse
AAuseum
Cost est/mate
1. $1 Milliom
City Club at Boat Landin9 Park (Appendix F)
Funding Responsible
Other/Task
Tnvolved
Federal blighway 5treetscape Phase
Cost est/mate Schedule Funding Responsible Other/Task
Entity Involved
.$800,000 2001-2002 Grants/CRA CRA · US1 Corridor
Study
*Project to become o port of US1 Corridor Redevelopment Study Implementation
Business Incubator- M~K Blvd. (p. 94)*
Cost estimate Schedule Funding I t%esponsible Other/Task
Entity £nvolved
I. $$50,000 2001-2002 PBC dev. CRA · AALK
Region ~rant/ Redevelopment
City/CRA Plan
*This project will be re~ssessed in the MLK Redevelopment Plan (Heart of Boynton)
~ Community Gardens are located on theoriginal recommended site
Old Town/Dolphin ~quare Streetscape (p. 66J *
Cost estimate Schedule Funding Responsible Other/Task
Entity £nvo/ved
1. $150,000 1998-1999 CRAI¢iIy CRA · Ocean Avenue
Promenade
· Commercial
Faqade
*Old Town completed as part of Ocean Avenue ]:mprovements. boIphin Square Postponed
~ Further recommendation upon completion of Ocean District Redevelopment Plan.
Commercial Fagade Improvements (p. 98-?)*
Cost estimate
1. $50,000/
year
5chedu/e
1998-2002
*Currently Zmplemented
Funding
50% PBC dev.
Region grants/
50% CRA
Responsible
Entity
Other/Task
2rnvolved
· Ocean Avenue
Promenade
· Old Town
Net'~hborhood -rmprovements
Cost estimate
1. $100,000/
yeor
Schedule
1998-2002
Fundin_q
City Generol
Fund/CRA/
CbBG Funds
Responsib/e
Entity
Other'/Task
£nvo/ved
Implement 20/20 ~arket/n~a .Strate.oy (p. 2 ~- .~ 6 Z)
Cast est/mate 1 5chexIule
1. $32,000] 1999-2003
Fundin~o
CRA/City
Responsible
Entity
City
Other/Task
_Tnvolved
XI.
Community Redevelopment Area Expansion
One of the most important recommendations resulting from the Visions 20/20 Policy
Plan was for the City of Boynton Beach to consider the expansion of the current
boundary of the Community Redevelopment (CR) Area. The existing CR Area was
initially established in 1982 and expanded to its current configuration, as shown in
Figure 3, in 1988. This Finding of Necessity for Redevelopment is a key step in the
planned expansion of the Boynton Beach Community Redevelopment Agency (CRA)
jurisdiction.
In Florida, the establishment and/or expansion of a Community Redevelopment Area
and the exercise of redevelopment powers must be supported with an official finding,
consistent with the Criteria specified in the Florida Community Redevelopment Act,
Chapter 163.355, F.S. The following report was prepared to show whether the
proposed boundary expansion meets the Redevelopment Act criteria.
CRA Criteria
Qualification for designation as a CRA requires that the identified geographic area
must meet one or more of the criteria as set forth in Chapter 163, Part 111, Flodda
Statutes. These criteda are listed below:
1.)
Slum area means an area in which there is a predominance of
buildings or improvements, whether residential or nonresidential,
which by reason of dilapidation, deterioration, age, or
obsolescence; inadequate provision for ventilation, light, air,
sanitation, or open spaces; high density of population or
overcrowding; the existence of conditions which endanger life or
property by fire or other causes; or any combination of such
factors is conducive to ill health, transmission of disease, infant
mortality, juvenile delinquency, or crime and is detrimental to the
public health, safety, morals, or welfare. [F.S. 163.340(7)]
September, 1998
Boynton Beach F~tsion 20/20
Redevelopment Master Plan
CRA Expansion
Page 130
2.) Blighted area means either:
(aJ
An area in which there are a substantial number of slum,
detedorated~ or deteriorating structures and conditions
which endanger life and property by fire or other causes or
one or more of the following factors which substantially
impairs or arrests sound growth of a municipality and is a
menace to the public health, safety, morals, or welfare in its
present condition and use:
Predominance of defective or inadequate street layout;
Faulty lot layoutin relation to size, adequacy, accessibility,
or usefulness;
Unsanitary or unsafe conditions;
Deterioration of site or other improvements;
Ta~ or special assessment delinquency exceeding the fair
market value of the land; and
Diversity of ownership or defective or unusual conditions of
title which prevent the free alienability of land within the
deteriorated or hazardous area. [F.S. 163.340(8)] or
(b.) An area in whichthere exists:
Faulty or inadequate street layout;
Inadequate parking facilities; or
Roadways, bridges, or public transportation facilities
incapable of handling the volume of traffic flow into or
through the area, either at present or following proposed
construction. [F.S. 163.340(8)]
3.)
There is a shortage of housing affordable to residents of Iow or
moderate income, including the elderly. [F.S. 163.355(1)]
As shown in this report, the existing and proposed Boynton Beach CRA areas meet or
exceed most of the above-listed criteria, thus creating the need for effective
redevelopment planning and implementation, in order to overcome these blighting
influences and contribute to the city's tax base growth.
September, 1998
Boynton Beach I~tsion 20/20
Redevelopment Master Plan
CRA Expansion
Page 131
Methodology
A number of information sources and analytical techniques were used in the
determination of the need for redevelopment assistance in the proposed expansion
areas as follows:
1.) Public Records-
The Palm Beach County Property Appraisal file was usec to
determine aggregate property valuation, ownership
characteristics and age of structures. City and County
platting .information was also used to examine lot layouts
and configurations. Boynton Beach planning, building,
zoning and code enforcement records were the source for
plan designation, zoning and current use information by
parcel and block, and code enfomement actions.
2.) Field Surveys -
Surveys were conducted in October and November 1997
throughout possible expansion areas of Boynton Beach to
provide accura~ assessments of physical conditions,
including infrastructure deficiencies, building structure
conditions, transportation characteristics, unsanitary
conditions andprevalence of vacant lots. The surveys were
conducted by the 20/20 consulting team.
The information collected was assessed against the following criteria, as defined in
Florida Statutes Chapter 163, to determine the existence of slum and blight conditions.
* Unsanitary and unsafe conditions.
* Building deterioration.
' Prevalence of closed/vanant buildings.
* Presence of vacant lots.
* Building and property code violations.
* Site deterioration.
* Infrastructure deficiencies.
* Incompatible uses.
"Transportation system problems.
* Declining property values.
* Lot configuration and ownership constraints.
* Shortage of Iow and moderate income housing, particularly for the elderly.
September, 1998
Boynton Beach V'lsion 20/20
Redevelopment Master Plan
CR.4 Expansion
Page 132
In order to meet the spirit and intent of the State law, an area does not have to have all
of the above characteristics but must exhibit a predominance of these problems, the
combined effect of which is serving to inhibit redevelopment and normal tax base
growth.
Although the primary goal of this report is to examine the slum and blighting conditions
existing in the proposed Expansion Area, it will also include an overview of these same
conditions present within the current CR Area boundaries. This is due to the fact that
the existing CR Area and the proposed Expansion Area must be viewed as an
integrated whole for redevelopment analysis, planning and implementation purposes.
Thus, it is critical that this analysis of slum and blight conditions present these
conditions for the current and propQsed area. It also follows that any finding of
necessity for redevelopment made by the City Commission should be based on the
presence of these negative conditions throughout the entire CR Area. including
proposed Expansion Areas.
Existing Community Redevelopment Area
The current Community Redevelopment (CR) Area is shown in Figure 40, This area
was been prev,ously qualified under State law as slum and blighted, and in need of
redevelopment planning and assistance. This finding occurred in two (2) stages. The
initial OR Area was established in 1982 with a size of 180 acres focused primarily
around the downtown marina area. The CR area was expanded in 1988 to its current
configuration which totals approximately 520 acres. The existing Community
Redevelopment Area now generally encompasses lands between 1-95 and.the
Intracoastal Waterway, and the C-16 canal and Ocean Avenue,
While significant progress has been made over the last 10-15 years through the
concerted efforts of the Community Redevelopment Agency (CRA), this area continues
to exhibit slum and blighted conditions both in commercial areas and residential
neighborhoods.
September, 1998
Boynton Beach Vision 20/20
Redevelopment Master Plan
CRA Expansion
Page 133
Gateway Blvd.
Boynton Beach Blvd.
Figure 40
Boynton Beach
Community Redevelopment
Area
Golf Rd..'
Legend:
[] Current Community
Redevelopment Area
g
oqeptember, 1998
Prepared By: James Duncan and Associates
Page 134
In 1990, the U.S. Census found that over 20% of the households in a large portion of
this area had incomes below poverty level. This current CR Area has a substantial
number of homes which are in disrepair. Code enforcement cases for trash dumping,
over-grown lawns, exterior disrepair and intedor life-safety violations are among the
highest in the city. Palm Beach County has designated a significant portion of the
current Boynton CR Area as a "Development Region" where enhanced property owner
investment strategies and joecreation are needed to reduce poverty levels and
generally upgrade the physical building stock. This is accomplished through loan and.
grants programs offered by the County through the Development Regions Program.
A number of commercial parcels along on U.S. 1 and Boynton Beach Boulevard in the
current CR Area ex.hibit out-moded structural characteristics and land subdivision
constraints, particularly insufficient lot depths, which are not conducive to modern retail
and service business trends. Some buildings are in deterioratedcondition, signnage
tl~roughout the area is uncoordinated, and streetscapes are generally devoid of
landscaping an~d unattractive. Traffic flow, drainage and par~ing are major problems
ir~hibit!ng r~deVelopment in the dOWntown area of the existing cR Area. Property
values in the current CRA have not. grown at a significant y esser rate since 1990 in
comparison to Boynton Beach as a whole.
Areas near the existing CRA boundary have a large impact on redevelopment planning
in the CR Area. In particular, the U. S. Highway I corr dor north and south of the
p~Tesent CR Area constitutes an integrated extension of this pr mary arterial in
downtown Boynton. The incorporation of the north/south U. S. I corddor extensions
constitute a logical planning process whereby the entire U. S. 1 area can be
coordinated for effective redevelopment. The industrial areas west of 1-95 between
Boynton Beach Boulevard and the C-16 canal, which constitute the West Subarea,
could a so play an important rote in the successful redevelopment of the current CR
Area by supplying nearby employment opportunities for CRA residents.
Titus, it is clear that expansion of the current CRA boundaries could provide important
urban planning and implementation linkages for the Boynton Beach CRA.
September, 1998
Boj~nton Beach I~tsion 20/20
Re~levelopment Master Plan
CRA Expansion
Page 135
Proposed CRA Expansion Area
Basea on initial field surveys and other relevant information, the City has determined
the most appropriate boundaries for the expansion of the current Community
Redevelopment Area. The Community Redevelopment (CR) Expansion Area is shown
in Figure 41. It comprises appi'oxima~ely 657 acres which, if approved, would bring the
total size of the expanded CRA to 1,176 acres.
The proposed Expansion Area is delineated into three (3) subareas for the purposes ol
this report. These subareas are identified as the North Subarea, West Subarea and
South Subarea. These subareas were identified, following months of research and
analysis of larger areas, as areas of cdtical need for economic and housing
reoevelopment planning and assistance in Boynton Beach
The boundaries of the CR Expansion Area were determined based on the need for
physical redevelopment, as well as, to protect commercial, industrial and neighborhood
areas from the presence of blighting conditions~ As an overall guideline, the
Expansion Area boundary includes parcels which clearly meet slum and blight cdteda,
as well as other parcels that may not be considered blighted individually, but which are
otherwise necessary to prevent the spread and achieve the elimination, where
possible, of slum and blighted conditions. Aisc, some physically-sound areas were
included in the OR Area based on the need to both minimize threats to such areas
from nearby slum and blighted conditions therebypreserv~ ng their long term viability,
and recognize the existence of functional relationships Jn the CRA Area that produce a
sense of neighborhood or place. Lastly, in drawin§ the proposed boundaries, the
necessity to nurture the growth of existing mutually supportive relationships and
linkages between discrete sections of Boynton Beach was taken into account. For
example, the U.S. I corddor threugh Boynton Beach wil! not be viable if adjacent areas
remain blighted. Inclusion o[ these blocks into the larger area can help establish a
broader sense of community and security, and encourage vibrant redevelopment of
the area for residents and tourists.
The Determination of Need for Redevelopment Section which follows will address the
relevant conditions within both the existing CR Area, as well as, the proposed
Expansion Area.
September, 1998
Boynton Beach Vision 20/20
Redevelopment Master Plan
CRA Expansion
Page 136
Gateway Blvd.
Boynton Beach
West
Subarea
_i
__ City Limit
Figure 41
Boynton Beach
Community Redevelopment
Area
Woolbright Road
Golf Rd.
SoUth
Legend:
__ [] Current CR Area
Proposed CR Expansion
Area
September, 1998
Prepared By: James Duncan and Associates
Page 137
Determination of Need for Redevelopment
Building and Housing Stock Conditions
In the current CR Area, there are a significant number of dilapidated and deteriorated
structures. Code enforcement efforts of the City of Boynton Beach are focused in this
area and great strides in improving housing conditions have been made in recent
years. The City has a regular program targeted to the demolition of unsafe structures
in this area and citywide. In 1990~ Census figures indicated that 13 housing units in
the area lacked adequate plumbing facilities and approximately 19% of all units were
vacant. Renter-occupied housing accounted for 44% of the total housing stock in the
sCUrrent CR Area, the highest percentage; in the city. Overcrowding was also a
ignificant problem in th~ existing CR area in 199(~, with 107 units (7.7 % of housing
stock) reporting greater than 1.51 persons per room. Housing conditions in the current
CR Area can 5enefit from continued effecti;ve redevelopment planning and additional
financial resources.
The Expansion Subareas (see Figure 41) also exhibit inadequate building conditions in
many areas. In the North Subarea, the eastside of the U. S. I corddor from the C-16
Canal to Gateway Boulevard, contains, unattractive commercial areas, older mobile
homes, boarded homes and open trash piles. Appendix D shows some of these
conditions. Commercial buildings along U. S. 1 also show signs of building
deterioration in many instances. In the South Subarea, the building deterioration is
evident: both along U. S. 1, and between U. S. I and the FEC railroad tracks.
Appendix D shows some represent examples of marginal building conditions in parts of
the South Subarea. These conditions include boarded commercial buildings, open
trash piles, deteriorated housing structures, unattractive streetscapes and bare
commercial frontages.
Vacant Buildings and Lots
Large areas of vacant land still exist within established neighborhoods in the current
CR area which have experienced disinvestment over the years. A tragic example o!
this trend is noted around Martin Luther King Boulevard (NE 10~ Avenue) where
former commercial structures have been removed with no rebuilding. These vacant
tracts represent potential sites for residential redevelopment in the future. A significant
of numDer boarded (vacant) residential structures are evident in the existing CRA area
September, 1998
Boynton Beach Vision 20/20
Redevelopment Master Plan
CRA Expansion
Page 138
as well.
Appendix D contains photograph of slum and blighted conditions in the proposed
Expansion Area. A number of examples of boarded residential and commercial
structures are present in the CR Expansion Area. These and other marginal structures
indicate astrong need for redevelopment planning in this area. Significant numbers of
vacant lots also exist in the individual subareas targeted for CRA expansion. Appendix
D shows some representative examples located in the North and South Subareas.
In the North Subarea, a number of vacant parcels exist east of U. S. 1, particularly in a
single-family area located south of the C-16 Canal. Drainage requirements have
hindered development of infill lots in this interesting neighborhood and it could
substantially benefit from coordinated infrastructure planning~
The West Subarea (see Figure 41)-also contains large areas of vacant industrial land
which, when developed, can be a significant contributor to the employment component
of the redevelopment program for ti~ CRA.
Site Deterioration
The field surveys also examined blighting site conditions. Site deterioration was
defined as areas with broken or unpaved sidewalks, debds piles, deteriorated parking
lots, abandoned foundations and deteriorating site improvements such as fences.
Site deterioration has been discussed previously with respect to the current CR Area.
Numerous examples of broken-down automobiles, open trash piles, broken fencing
and glass, and over-grown grass are evident in many parts of the area. Persistent
code enforcement efforts of the City in recent years has served to improve this
situation in the CRA, however strong future programs are necessary, through a
combination of regulatory means and financial assistance, to help landowners bdng
properties up to minimum maintenance standards.
Appendix D shows prime examples of unacceptable site conditions in the Expansion
Area such as open trash piles and poorly-maintained parking lots. Deteriorated site
conditions contribute to a negative image of these areas which can be reversed with
effective redevelopment planning.
geptember, 1998
l~oynton Beach Iftsion 20/20
Redevelopment Master Plan
CRA Expansion
Page 139
Infrastructure Deficiencies
Inadequate infrastructure, including unpaved roads, traffic congestion, drainage,
central water and sanitary sewer, can indicate blighted conditions and present
formidable barders to redevelopment. Several types of infrastructure deficiencies exist
in the current CR area including sanitary sewer, drainage, downtown parking and traffic
congestion, tn addition, the FEC Railway tracks form a significant barrier to east-west
access in the CRA which has hindered city development and will need to be addressed
in redevelopment planning.
Drainage problems are prevalent in the area. This creates periodic unsanitary and
unsafe conditions in various parts of the redevelopment area, particularly during the
summer months. New governmental drainage requirements promulgated in recent
years has served to virtually halt redevelopment of the downtown madna district. The
City of Boynton Beach is now.moving expediouslyto address this pressing problem
with the programmed construction of a regional stormwater facility near the marina
area..
Parking standards in the downtown area have been difficult for prospective developers
to meet as well because Boynton Beach has the typical site constraints present in
older, coastal urban areas. For this reason, Boynton Beach has moved aggressively in
the past several years to adopt flexible parking standards in the downtown business
distdct and thus facilitate redevelopment projects.
Substantial deficiencies in infrastructure also exist in the proposed expansion
subareas. These problems include lack of central sewer, inadequate drainage, traffic
congestion, unpaved roads and parking difficulties. Appendix D shows an example of
drainage problems and unpaved roads in a residential area south of Woolbdght Road
in the South Subarea.
Property Values
Property values in the existing CR Area have grown by just 1.3% since 1990. This is
considerably lower than tax base growth of 26% for the entire City of Boynton Beach
over the same pedod. This trend of lower-than-normal property value growth is an
indicator of an area in need of aggressive redevelopment planning. The inclusion of
additional areas into the CRA will help to spur redevelopment efforts and increase the
financial resources available to address public and pdvate projects implementation.
September, 1998
Boynton Beach I~tsion 20/20
Redevelopment Master Plan
CRA Expansion
Page 140
Property values in the subareas proposed for inclusion as part of the Boynton Beach
CRA have also experienced less-than-normal growth when compared to citywide
trends. Since 1993, tax base growth (or decrease) in these areas has ranged between
-2.6% to +8.7%, again far below the performance of the city as a whole. This is due to
a number of reasons including infrastructure deficiencies, State growth management
policies promoting westward urban expansion in Palm Beach County, and regulatory
requirements which make urban redevelopment difficult. By addressing these and
other hindrances to solid tax base growth, the expanded CRA can direct and facilitate
effective redevelopment which can accelerate private investment and concomitant
growth in property values.
Incompatible Uses
Adjacent incompatible uses exist in a number of locations, primarily where commercial
and residential (zoning) districts meet, in the existing CR Area. These situations are
most prevalent south of Boynton Beach Boulevard between U. S. I and the FEC
railroad tracks. In these areas, commercial uses have been allowed west of U. S. 1 in
transitional neighborhoods and have adversely-impacted the tranquil nature and visual
attractiveness of these older single-family areas. Similar areas also exist north of
Boynton Beach Boulevard. In particular, the first tier of single-family homes
immediately north of Boynton Beach Boulevard have been adversely-impacted by
boulevard businesses. Likewise, the businesses along the northside of Boynton
Beach Boulevard have been prevented from increasing lot depth to meet modern
retailing standards by the single-family homes behind them.
Examples of incompatible uses in the expansion areas abound. In the North Subarea,
there are several adult entertainment establishments which are out-of-character and
incompatible with redevelopment concepts designed to upgrade property values, and
attract visitors and families to visit and shop in the U.S. 1 corridor and the marina area.
September, 1998
CPM Expansion
Boynton Beach I 'ision 20/20
Redevelopment Master Plan
Page 141
In the South Subarea, many examples of incompatible uses exist between U. S. 1 and
the FEC railroad tracks. Similarly to the situation described above the current CR
Area, this expansion subarea also suffers from the incursion of commercial uses west
off the U.S. 1 frontage into predominantly residential areas. Appendix D shows an
example of this problem where a retail plant business has been allowed in a residential
neighborhood along Old Dixie Road.
Ownership and Lot Configuration Constraints
Pre-existing plats and excessive ownership parcelization can be a serious barrier to
effective redevelopment. The current CR Area has a number of older plats,
par[icularly along the U. S. I frontage, which are inappropriate for future commercial
development and redevelopment. In addition, numerous small ownerships in the Area
may hinder the aggregation of land into parcels appropriate in size for planned
redevelopment projects. A prime example of this problem was mentioned previously.
The businesses along the northside of Boynton Beach Boulevard have been prevented
from increasing lot depth to meet modem retailing standards by the platting single-
family homes behindthem. This situation is-prevalent also in the marina area where
platted lots and complex o~vnership pa~tems have divided this area into many small
parcels without adequate planning. The resulting lot configurations have hindered past
redevelopment plans and must be effectively addressed in current planning efforts.
The proposed North and South Expansion Subareas along the U. S. 1 corridor also
exhibit difficult subdivision and ownership pattems which have adversely-impacted
past development initiatives. Generally, commercial.lots fronting U. S. I have
inadequate depth and frontage to easily accommodate retail, service and
entertainment qses using modern site development standards. This situation will need
to be addressed in order to facilitate effective redevelopment of the vital U. S I corridor
through Boynton Beach.
Affordable Housing
In order to effectively discuss affordable housing, several key pieces of information are
critical. First, the approved income ranges which define very, Iow and moderate
income households must be determined. Exhibit I presents the 1990 HUD (U.S. Dept.
of Housing and Urban Development) income limits for Palm Beach County based on
September. 1998
Boynton Beach F"tsion 20/20
Redevelopment Master Plan
CRA Expansion
Page 142
1990 Census data. The average household size in Boynton Beach in 1990 was 2.25
persons/household. Thus, the two-person family data is probably most relevant for this
analys~s.
Using the information contained in Exhibit 1, the following income ranges (1990) for the
2-person family can be identified:
Very Low Income
Low Income
Moderate Income
$0- $15,050
$15,051 -$24,100
$24,101 -$36,100.
Industry practice and governmental programs have established that housing ts not
affordable if a family pays more that 30% of their monthly inco me toward housing
costs. This standard wilt be used in this supplementto analyze the affordability of
housing in the expansion areas.
Rental Housin.q
Exhibit 2 shows 1990 Census information for rental housing units in the CRA
expansion areas. This data was gathered from the analysis of the census tracts and
associated block groups which comprise the CRA expansion areas. The exhibit
cleady shows that, based on the best available information, 100% of the 1990
households in the CRA expansion areas making $10,000 or less (very Iow income),
paid 30% or more in housing costs. In the $10,000-$19,999 category which is a
combination of very Iow and low income households, 81% of households paid 30% or
greater in housing costs. In the $20,000 - $34,999 range, which is a combination of
Iow and moderate income households, 28% of households paid 30% or more in
housing costs.
Looking at all rental households in the expansion areas making $0-$34,999 annually in
1990, 62% were paying 30% or more of their income toward housing costs which
means that their residential units were not affordable by industry and governmental
standards for very Iow, iow and moderate income residents. This affordable housing
shortage hits especially hard at the elderly who compdse a significant component of
the south CRA expansion area population. Census Tracts 62.02 and 62.03 located
along Federal Highway between Ocean Avenue and Woolbright Road had populations
September, 1998
CRA Expansion
Boynton Beach ~iSion 20/20
Redevelopment Master Plan
Page 143
Exhibit I
1990 E[UD ~NCOME LhWiITS
Family Size Very Low Income Low Income Moderate Income
1 $13,200 $21,100 $31,600
2 $15,050 $24,100 $36,100
3 $16,950 $27,100 $40,650
4 $18,800 $30,100 $45,150
5 $20,350 $32,500 $48,750
6 $21,850 $34,900 $52,350
7 $23,350 $37,300 $~5,950
8 $24,850 $39,750 $59,600
1997 ]tUI) 12~COME LI3'I2ITS
Fami~ S~e VeryLowlncome Low Income Moderatelncome
1 $16,800 $26,900 $40,350
2 $19,200 $30,700 $46,100
3 $21,600 $34550 $51,850
4 $24,000 . $38,400 $57,600
5 $25,900 $41,450 .~2,250
6 $2~850 $44,550 $68,550
7 $29,750 $47,600 $71,450
8 $31,700 $50,700 $76,050
~eptember. 1998
'Page 144
Exhibit 2
1990 Census Of Population And Housing Summary Tape File 3A
040 Florida
050 Palm Beach County
[Block Groups Comprising Boynton Beach CRA Expansion Area]
1989 HOUSEHOLD INCOME BY GROSS RENT AS % OF HOUSEHOLD INCOME
Universe: Specified remer-occupied housing units (computed only)
Less than $I0,000:
Less than 20 percent .............................................. 0
20 to 24 percent .................................................. 0
25 to 29 percent .................................................. 0
30 to 34 percent .................................................. 12
35 percent or more ................................................ 196
Sub~totctl 208
$10,000 to $19,999:
Less than 20 percent .............................................. 12
20 to 24 percent .................................................. 12
25 to 29 percent .................................................. 25
30 to 34 percent .................................................. 36
35 _--ement or more. ............................................... 175
Sub-tOtal 260
$20,000 to $34,999:
Lessth0n 20 percent .............................................. 67
20 to 24 percent .................................................. 100
25 to 29 percent .................................................. 107
30 to34 percent .................................................. 65
35 oercent or more ................................................ 40
Su~total 379
$35,000 to $49,999:
Less ~han 20 percent .............................................. 96
20 to 24 percent .................................................. 64
25 to29 percent .................................................. 0
30 to 34 percent .................................................. 4
Households Paying >/=
30 % Income for Hous'mg
35 percent or more ................................................ 0
Sub-thtal 164
$50,000 or more:
Less ~a 20 percent .............................................. 90
20 to 2~ perc~t .................................................. 7
25 to 2~percent .................................................. 0
30 to 34 percent .................................................. 0
35 t~ereent or more ................................................ 0
.Sub.tOtal 97
~nter-Occupied Units (computed only) 1,108
208 (100%)
2;] (8]%)
105 (28%)
4 (2%)
o (o%~
ses (48%)
' Set)tember. 1998 pnc~a Id5
with a median age 70 years m 1990.
Owner-Occupied Housinq
Exhibit 3 shows 1990 Census information for owner-occupied housing units in the CRA
expansion areas. This data was gathered from the analysis of the census tracts and
associated block groups which comprise the CRA expansion areas. The exhibit
shows ,that, based on the best available information, 83% of the 1990 households in
the CP~, expansion areas making $10,000 or less (very iow income), paid 30% or
greater in housing costs. In the $10,000-$19,999 category which is a combination of
very Iow and low income hduseholds, 43% of househo ds paid 30% or more in
ho~sing costs In the $20,000-$34,999 range, which is a c~mbination of Iow and
moderate inbome households, 36% of hou~h°lds paid 30% or more in housing costs.
Looking at a owner-occupied households :in the expansion, areas making $0-$34,999
annually in 1990, 42% were paying 30% or more of their'inCome toward housing costs
which means that their housing was not'affordable by industry and governmental
standards for very flow, Iow and moderate income residents~. As wit~ rental housing,
this affordable h(~sing' shortage of ownerL0cCUpi~l Units als0 deeply impacts the
elderly whocompdse ~:signifi~t con:~p~nent ~f the south CRA eXPansion area
population. Census Tracts 62.02 and 62~03-1ocat~d along Fede[al Highway betwee, n
Ocean Avenue and Woolbrigl'Jt Road had ipopulat~0ns with a median age 70 years m
1990.
Affordable Housinq Summary
The above information clearly shows that the proposed CRA expansion areas have
very significant shortages of affordable housing. Combining owner-occupied and
rental housing, 53% of all housing units located in the proposed CRA expansion areas,
as reported in the 1990 Census, were not affordable to the very low, low, and
moderate income families living in theml The redevelopment of these areas with job-
creating businesses, upgraded infrastructure and affordable housing construction and
subsidy programs, is necessary in order to maintain the public health, safety, morals,
or welfare of the residents of the Boynton Beach.
September, 1998
Boynton Beach Vision 20/20
Redevelopment Master Plan
CRA Expansion
Page 146
Exhibit 3
1990 Census Of Population And Housing Summary Tape File 3A
040 Florida
050 Palm Beach County
[Block Groups Comprising Boynton Beach CRA Expansion Area]
SELECTED MO~fHLY OWNER COSTS AS % OF HOUSEHOLD INCOME IN 1989
Universe: Specified owner-occupied housing units (computed only)
Less than $10,000:
Less than 20 percent .............................................. 0
20 to 24 percem .................................................. 4
25 to 29 percent .................................................. 5
30 to 34 percent .................................................. 0
35 percent or more ................................................ 44_
Sub-total 53
$10,000 to $19,999:
Less than 20 percent .............................................. 11 ~
20 to 24 percent .................................................. 7
25 to 29 percent .................................................. 11
30 to 34 percent .................................................. 9
35 percent or more ................................................ 109
Sub-totdl 272
$20,000 to $34,999:
Less than 20 percent ..................................... ~ ........ 132
20 to~2~ percent .................................................. 53
25 to~ percent .................................................. 68
30 to ~3z[ percent .................................................. 65
35 peX~nt or more ................................................ 77
Sub-t6tal 395
$35,000:~o:$49,999:
Lessthan 20 percem .............................................. 190
20 ~t0 ~ percent .................................................. 54
25 to 2~ percent .................................................. 44
30 to 3z~ percent .................................................. 0
35 percent or more ................................................ 16
Sub;~ $04
more:
(computed on~y)
233
28
21
4
9
295
1,319
Households Paying >/=
30 % Income for Housing
44 (83%)
118 (43%)
142 (36%)
16 (5%)
13 (4%)
333 (25%)
c4~tt, mhar IOOR Paee 147
Conclusion
The subject Community Redevelopment Area, including the proposed Expansion Area,
in Boynton Beach meets the criteda of slum and blight as defined in Chapter 163,
Flodda Statutes. Building and site deterioration, open debris piles, overcrowding of
structures, vacant buildings and land, building and property code violations,
infrastructure deficiencies, marginal property value growth, land use incompatibilities
and lot configuration const?aints are evident throughout the proposed CR Expansion
Area and serve to high ight the need for effective redevelopment planning and program
implementation. The E~3ansion Area, as well asthe existing CR~, also have
significant shortages of iow and moderate income housing, particularly for the elderly
population. Community redevelopment assistance is necessary withi~ the proposed
Expansion Area to remove Slum and b ght ng cor~ditions, enhance'~the tax base,
end, our. age economic growth, improve living conditions, and to upgrade and preserve
Iow- and moderate-cost hoUsing.
The proposed CR Expansion Area, shown in Figure 41, is a logical and prudent
extension of the current Boynton Beach CRA boundary. The U. S. I corddor is a
crucial link in the successful redevelopment of the coastal urban area of Boynton
Beach. This entire corddorestablishes the city's :visual image and character for
visitors and residents to Boyntoa Beach, and thedQwntown marina area. Piecemeal
redevelopment efforts in only aPortion of the corridor can not be successful because
they will not address the full: deyelopment potential of this unique and histodc
transportation facility. [.ikeWise; cOncentr~.ti0n of redevelopment on the frontage
par.C?ls .only will also have limited potential f~or positive impact because the adjacent
resident al areas provide the;loc'al ~rket areal for Corrid0r businesses and m~st be
considered as an integral p~¢ ofth,e corridor. The West Subarea is critically important
to the CRA due to its c~re~ip0tenti~, to generate nearby we -paying jobs readi y-
accessible to CRA residents.
The combination of the current CR Area and proposed Expansion Area will provide
Boynton Beach with an ntegrated area possess rig.enormous potential for effective
redevelopment planning, funding and implementation.
September, 1998
Boynton Beach Vision 20/20
Redevelopment Master Plan
CRA Expansion
Page 148
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