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Minutes 02-12-02MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 12, 2002 AT $:30 P.M. Present Larry Finkelstein. Chairman Quintus Greene, Director of Jeanne Heavilin, Vice Chair Development/CRA Jos~ Agu[la [_indsey Payne, Board Attorney Alexander DeMarco Mike Rumpf, Planning & Zoning Director Michelle Hoyland Henderson Tillman Absent Don Fenton I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. and introduced the Board members. He acknowledged the presence in the audience of Commissioner Mack McCray and Assistant City Manager= Dale Sugerman. I1. Roll Call The Recording Secretary called the roll and declared that a quorum was present. II1. Agenda Approval There were no additions, deletions, or changes to the agenda. Motion Mr. Aguila moved to approve the agenda. The motion was seconded by Vice Chair Heavilin and carded unanimously. IV. Approval of Minutes for January 8 and 12, 2002 There were no additions, deletions, or changes to the minutes. Motion Mr. DeMarco moved to accept the minutes of January 8 and January 12, 2002 as presented. Mr. Aguila seconded the motion that carried unanimously. Meeting Minutes Community Redevei~ment Agency Boynton Beach, Florida February 12, 2002 V. Director's Report A. Financial January 2002 Financial Statement Mr. Quintus Greene, Director of Development, introduced his staff and Jeffrey Livergood, the Public Works Director. He then explained various line items from the October 2001 through January 2002 balance sheet. The ending fund balance as of January 2002 is $4.939.284, The $200 in October for membership in the Florida Housing Coalition is misapplied and will be charged back to the Community Redevelopment Division. Mr. Greene noted that they were nearly a third of the way through their budget year and that they were well within their annual budget parameters some charges will appear in the near future for the considerable expense involved in the copying of the resumes and applications for the Executive Director's position. Chair Finkelstein was concerned that the. interest rate on the Fund balance was less than 1% and thought that he knew of a better rate. Mr. Greene paraphrased the comments of the Finance Director who indicated that she would be happy to know of a higher rate. B. Project Update Way-Finding Signage Jeffrey Livergood, Public Works Director, stated that a good way-finding signage program looks citywide at getting all the motorists, cyclists, and pedestrians to be able to determine where they are and to get to where they want to go by viewing the signs. The City instituted this program to get travelers to the Ocean Distdct and the Downtown area. They expect to develop the way-finding signage program in such a way that the needs of the Downtown area will be met. Way-finding programs provide the City with an identity tn signage design, fonts, colors, and architectural elements that will be uniform throughout the City. The City has worked closely with the City of Hollywood, Florida in the development of this program. Hollywood has the in-house capability to provide the design of a signage program. The City js in the process or providing its proposal and requirements to Hollywood to determine the price. It is the City's intention to conduct a number of charrettes so that all members of the community, including the CRA, City Staff, City Commission homeowners, residents, and business owners of E3oynton Beach can all provide input regarding the design of the signs. Mr. Livergood's Public Works Department will strive to have signs that can be built, maintained, and replaced in a cost-effective manner. The City wants to have signs that are attractive and that have common materials and elements. Vice Chair Heavilin asked when the City expected to get a response to their proposal from Hollywood and he responded that it would be in 30 to 45 days. It would then be presented to the City Commission. The item is in the Capital Improvement Budget and 2 Meeting Minutes ..... Community Redevelopment Agency Boynton Beach, Florida February 12, 2002 Plan. When a contract is awarded, the design charrettes will take approximately four months. Mr. Aguila confirmed with Mr. Livergood that the City of Hollywood will be providing drawings and specifications and that the signs will be built after the design is settled through the charrette orocess. The Public Works Department wants to make street markers in housel Signs such as the entry signs to the City may be biC out to outside contractors. The City wants a standard sign for parks, for example, that can be used in any park in the City. Chaiman Finkelstein asked about how long it might take before signs would appear on Federal Highway and Mr, Livergood responded that it woud probably be 12- 18 months. The process of implementing th~ program would be easy; the difficult part is coming to c0n~ensus on the architectur~il design. The City will not be able to implement the entire plan in a single year and w deveop a ong-ran~e p an covering five years for complete implementation. Marina/Promenade/Riverwalk Mr. Roger Fry, the architect representing the developer, Bruce Jarvis, presented the latest version of conceptual drawings for the Board's review and discussion. He distributed copies to the. Board of drawings of the Promenade Plan, the Promenade Entrance on Federal Highway, a sketch of Fountain Plaza, a sketch of the Boardwalk entrance, a section through the Promenade adjacent to the Park, and a Plan showing a new right-of-way. The latter drawing depicted land that would have to ~)e acc uired n order for the Promenade tc come into being. Mr. Fry spoke of an alignment issue of existing rights-of-way with E~oynton Beach Boulevard across the street on the west side of Federal Highway. He believed that teft and right-hand turn lanes would be required. They proposed three-car stacking and a small transition area. He also envisioned a circular entrance with two walls as a gateway feature. The addition of a sidewalk would help define the planted area as being part of Federal Highway and then everything beyond it would be part of the Promenade. They proposed centering a fountain on Sixth Street and Boynton Beach Boulevard. The alignment mismatch requires the use of a chicane or dip in the middle of the road as you drive in to the Promenade and this will help slow traffic and add to the feeling of "arriving' at a destination. They proposed asphalt for the roadway, concrete for the sidewalks, and pavers for the crosswalks. ~' The right-of-way was now sixty-feet wide. The original plan only had parallel parking on the north side of the property and they believe both sides of the property should have parallel parking. This w0[~ld require the acquisition of an additional four feet of property. Mr. Fry envisioned building an eight-foot block wall with solid wood gates completely around the iff-station and trash-collection equipment, to provide an alternative to dumpsters in front of the restaurants. 3 Meeting Minutes ...... . Community Redevelopment Agency Boynton Beach, Florida February 12. 2002 A large amount of landscaping was crucial to the project, in Mr. Fry's opinion. He envisioned an area that would become shaded in parts and felt that this would encourage the use of the street for festivals. Mr. Fry suggested a fifteen-foot landscape buffer behind the walls and a temporary fifteen-foot buffer along the outside edges of the property until the adjacent property is developed. He thought the buffer should be flexible to allow for different kinds of development that might occur along the edge. Board Comments The following is a summary of the Board comments and requests: Prefer asphalt for the road and concrete for the sidewalks Agreement on chicane at entrance Question on whether the entry piers would allow for blocking off for events Fountain maintenance - who? Want benches for seating but must have, as a minimum, centered armrests Air-conditioned trash enclosure, made part of building element? Allow mom for multiple uses in trash area, including City's waste from pond Access to the commemial units to the south, ingress and egress Parallel parking west of the fountain a concern -do in phases? Keep momentum going.- phased development Discussion of fence between pond and street - picket,height,green,eliminate? Less landscaping at entrance? Display drawings and plans at GALA? Communicate progress to public. Right-of-way and land acquisition necessary - Hall property issue Mr. Fry and Mr. Jarvis believed that they had enough information to produce preliminary cost estimates by thenext CRA meeting. The consensus from the CRA was that they should proceed with the estimates. Mr. Greene advised that the City was looking at a revision to the Marina Development Agreement and it will probably come before the City Commission in March. In addition, the Engineering Department at the City has prepared a draft of an RFP for the environmental assessment for the Riverwalk project. If it is available, Mr. Greene will bring the cost for that to the Board at its next meeting. Chair Finkelstein met with the Department of Environmental Protectton (DEP) to get their initial assessment of the Riverwalk project. They advised that the project should be able to get a permit with proper planning tc minimize and mitigate mangrove impact and an environmental assessment for sea grass. It will be necessary to get a submerged land deed and a release from the State for submerged lands. The DEP representative [hought the project should proceed smoothly after these issues were addressed. Ocean District Mr. Greene stated that the first phase, the survey and analysis of the Plan, ~s complete. Forty-one percent of the land in the Ocean District is publicly held. The next step will be Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 12, 2002 to go out and 'meet with the community and get their input about what they would like to see happen. Heart of Boynton Staff is continuing to work or a Comprehensive Plan amendment for the April 2002 cycle. The City Manager's office is initiating negotiations with the County regarding a possible land swap that would facilitate the transfer of the Cherry Hill Housing site to the City. This reference is to the site only, not the public housing units. Later in this meeting the Board will be asked to expand the core area of its boundary to include the MLK Corridor. Federal Highway Staff is currently finalizing the standards and criteria for the Mixed Use and Mixed-Use Light Zoning Districts that have been authorized by the City Commission for inclusion 'n the Zoning Code. Urban Planning Group Chair Finkelstein asked Mr. Greene for an update. Mr. Greene spoke to Mr. Jim Nardi and he has everything he needs to begin making offers, Chair Finkelstein asked if the CRA could prioritize his offers. Mr, Greene responded that Mr. Nardi was concentrating on the key areas that the CRA had identified within its boundaries. Work Plan Status Mr. Greene provided a written status report on the Work Plan items to the Board. The tentative City Commission approval date for the way-finding signage program was not going to take place on February 19, and all other items were proceeding as described. C. Future Agenda Items Mr. Greene advised that there were no future agenda items at this time. D. Commission Action At the January 15, 2002 City Commission meeting, Dakota Lofts and Marouf's Car Wash were approved. Vice Chair Heavilin referred to the Work Plan Status Report and stated that the CRA had identified specific parcels and she did not see them on the report, except for the public parking west of Federal Highway. Mr. Greene said that this item represents the parcels that are being acquired at this time. Chairman Finkelstein stated that he believed she meant the triangular shaped section from the core area. Mr. Greene agreed and said that the core area runs from Second Avenue on the south to Tenth Avenue on the north, east of the railroad tracks. Within that core area there is a site that has been identified for public parking and that site consists of approximately s~x or seven parcels. Those were the target parcels, the part of the core area to be acquired. Chairman Finkelstein 5 Meeting Minutes ~. Community Redevelopment Agency Boynton Beach, Florida Februaw 12,2002 thought they were acquiring those parcels for redevelopment, not specifically for public parking. Mr. Greene explained that in the course of acqu~nng the property, one of the things they may run into is a situation where there may be difficulty acquiring certain parcels of land and it may be necessary to engage in eminent domain. A requirement of exercising eminent domain is the existence of a public purpose. The ~ublic purpose for these parcels is public parking and the reason we have a need for public parking is because the City has a fee-in-lieu of parking ordinance ~n place that obligates the City. When people pay this lee-in-lieu of providing parking on site, the City has to have parking areas available for them. The point is that once you have a 'site for public parking, that public parking can be surface or garage and there can be all kinds of development on top of. under, or associated with that parking, but .there will be public parking on that site and that is why the site is be ng acqu red VI. Unfinished Business Code Review .. Definition of Height/Height Exception Agent Bradley Miller, AICP Chair Finkelstein stated that this item was a request for a code review to revise the definition of "Building Height" found in Land Development Regulations Chapter 1, Article II and to add "places of assembly" to the list of exceptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4.F.2. Mr. Michael Rumpf, Planning & Zoning Director, advised that the Planning & Development Board had voted at its December 26, 2001 meeting to approve the two code amendments regarding building height. Upon further review by Planning and Legal staff, substitute language is proposed regarding the height exception portion of the code review. The term "places of assembly" replaces the originally proposed "church height" in the height exception list. Mr. Rumpf explained that the new definition would include churches, temples, and other places of worship, and also theaters, auditoriums, conference centers, clubs, lodges, and fraternal organizations. This language is being brought before the CRA for a recommendatior~ It will then proceed to the City Commission for final approval. The item was brought to the City by the agent, Bradley Miller, for the First Baptist Church, in connection with a plan to expand the church located near City Hall. As prerequisite to processing the site plan, which will ultimately come before the CRA as well, the Code must be amended to accommodate planned building height. The request is twofold; first, amend the list of elements for uses eligible for, height and second, change the methodology of measuring building height. The current method measures to the peak of any roof or element that extends above the roof. However, this can often discourage architectural enhancements and misrepresent the real height of a building. The change will allow those smaller or narrower portions of a roof to be excluded. This methodology 'is also being used by other jurisdictions, including Palm Beach County. Height exceptions will still be reviewed on a case-by-case basis against review cdteria for height exceptions. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 12, 2002 Board Questions & Comments Mr. Aguila asked if there were any limitation on height or whether it was up to the Boards and the City Commission based on the criteria in the Code. Mr. Aguila said the 45-foot height limit was established for a reason. Mr. Rumor thought that the current trend of the City was to deregulate. As long as there are safeguards like those in the formal review process, there should not be a problem. Requests will still be reviewed on a case-by-case basis in relation to the proposed detail or architectural element and the environment in which it wil[ be placed. Mr. Aguila was pleased that the definition was being changed. Chair Finkelstein was comfortable with the safeguards in the review process, but would not want to have a sixty-foot projection on a building in the middle of a residential neighborhood of single-family homes. Motion Mr, Tillman moved to approve the Definition of Height/Hei~j ht Exception Code Review item. Mr. DeMarco seconded the motion that carried unanimously. VII. Public Hearing Board Attorney Lindsey Payne administered the Oath to all who would be testifying at this meeting. Zonin~l Code Variance Project Name: Agent: Owner: Location: Description: WOOSTER Jeff Wooster Jeff Wooster Lot 39, Harbor Estates (South Road) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty- five foot rear yard setback to allow a fifteen (15) foot variance, and a ten (10) foot rear yard setback within the R-l-AA single family zoning district. Michael Rumpf, Planning & Zoning Director, reported that this property is in Harbor Estates, just south of the C-16 Canal. In summary, hardship criteria have been met in this case. It is based on the fact that neany half of the lots in this subdivision have been granted rear setbacks since 1964. Also, the lot restrictions are not equalty applied to this subdivision relative to other subdivisions. When review, ng the previous one or two requests for variances from this subdivision, staff has recommended opposition, based upon applying the hardship criterion that focuses u 3on unioueness. Previous analyses done by staff on similar variances have focused on the subdivision itself. We have now Meeting Minutes ~-. ~ Community Redevelopment Agency Boynton Beach, Florida February 12, 2002 not only looked at the history of the subdivision and the magnitude of variances which have been requested and granted, but have compared this subdivision to other subdivisions in the City that are similarly zoned. If you compare those two, the regulations are not equally applied because the subdivided lots differ. The majority of lots in the subdivision are 80 feet deep whereas conventional lots are 100 feet deep. That is relevant when you are taking the most stringent setbacks, to the front and rear, and apply that to the narrower dimension. Although staff recommends the request in general, the 2otential impacts to adjacent properties and the determination of the minimum variance that would make possible the reasonable use of the land require that further restrictions be p, laced on this request (see Item #4 in Staff RePort Conclusions~Recommendations). This is' based on two things: the location of this lot - :the closer y~U:get, to the water the greater the, amenity and the greater tf~e land value. If the lot islov~rbuilt, it might .seriously impact the water view currently enjoyed by the .other lots .in the area, which is typically preserved by rear setbact(s. Staff recommends approval but wants to place additional side setback restrictions in the vicinity of the rear setback so that on the west side you would have a setback of 30 feet, where you would go to the variance if approved. On the east side, you would have a setback of 20 feet, bringing the building in. similar to the other variance that was processed for Lot 38. ~ this case, the lots have some restrictions if one adheres to the setback restrictions. Chairman Finkelstein asked the applicant if he had any problem with staff's recommendation on the setback requirement? Jeff Wooster, 102 N.E. 18th Street, Delray Beach, and his fiancee, Mindy, of the same address, addressed the Board. The applicant agreed with condition #4. Mindy asked if it would be possible to review it with their architect. Chair Finkelstein said that the case was being decided tonight unless the applicants wished to table it. She then agree<: with the condition. Mr. Aquila thought the recommendation from staff was reasonable and still left the owners with a lot of room to work with and protected the interests of the neigi~bors. Mr. Wooster believed they could work with staff's recommendations. CHAIRMAN FINKELSTEIN OPENED THE PUBLIC AUDIENCE. Louise Dacamara, 836 East Drive, Harbor Estates, Boynton Beach, stated that she lives at Lot 40, right next door to the subject property. She asked Mr. Wooster if he were proposing a one or a two-story house. Mr. Wooster's fiancee stated that they had not decided one way or another. They thought they would probably build a one-story house but would have to take the Board's decision into account. She asked Mr. Rumpf about a study that the City might conduct in their subdivision and the Board Attorney advised that they had to stick to the agenda item at hand. She was advised to speak to contact Mr. Rumpf either at the meeting or by telephone. She had no objection to the variance, especially since Lot 38 had already gotten the variance. 8 Meeting Minutes ~.. Community Redevelopment Agency Boynton Beach, FIodda February 12, 2002 There were no other persons who wished to speak on the variance request. CHAIRMAN FINKELSTEIN CLOSED THE PUBLIC AUDIENCE. Motion Mr. DeMarco moved to approve subject variance. The motion was duly seconded and carried unanimously. Zoning Code Variance Project Name: Agent: Owner: Location: Description: MCMILLAN PERSONAL WATERCRAFT Kent McMillan Kent McMillan 1105 and 1109 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H.16~D, to allow twelve (12) parking spaces in lieu of the twenty (20) required by code, a variance of eight (8) spaces fora retail business in a C-4 zoning district. The Parking Variance and Site Plan were ~3resented simultaneously. Mr. Rumpf stated that in conjunction with the site plan modification, the applicant had submitted a variance request for the number of parking spacas,.r~quired for the site. The proposed site plan is deficient in parking by eight (~8) spaces. ~taff has recommended denial of the variance request and recommended that a 5-space variance~be approved, which staff found to be the minimum necessary to make reasonable USe of the land. Mr. Rumpf stated that the reason properties continue to look the way they do on Federal Highway was because of the challenges that face,people like Mr. McMillan who try to develop them. The sites have several built,in constraints that serve to limit development. When people come to the! City to ask what they Can do Wth a particu ar property, the City is forced to tell them'that if they intensify the use, if they cannot meet current regulations, particularly if they ~ange the use or occupancy, then they must bring certain aspects of the'=site Up t~ COde, That';is a challenge. Mr. McMillan's proposal to change t.h,e use c~f tl~e prop~.'rty to retail Use from commercial intensifies the parking' situation. Minimal Rad~ing r~cjui~'e~ents. ~,annot be met, thereby putting the projec~ in a major site plan modifi(~at br~ clas~ wh[ch~ s why t was brought before the public at this time. The variance recommendation in the Staff Report for 3 spaces was changed to 5 spaces when Mr. Rumpf was at the podium. He also changed Condition #6 in the Conditions of Approval to road: "Any outdoor display of merchandise to be sold by the business, exchanged, or repaired by the business, shall be in conformance with L.D.R., Chapter 2, Zoning, Section 6. C. 6, which prohibits outdoor storage. Mr. Rumpf advised that there was no room for outdoor storage of materials and also, it would be contrary to the U.S. No. 1 Corridor Study to have merchandise stored outside. Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, Florida Februar~ 12, 2002 Mr. Rumpf commented that the proposed site 91an represented a proposal to renovate a vacated commercial structure. Staff acknowledged that the proposed project had been tailored to best balance site constraints and project needs with the most intensive use and parking scenario, in staff's opinion, the proposed site plan would positively affect the property value of the area; would decrease slum and blighted condi'dons in the neighborhood, and beautif3/the general streetscape along the Federal Highway Corridor. Kent McMillan, 130t S.W. 27th Avenue, Boynton Beach, stated that he wanted the parking space vanance to remain at an 8-space variance because he'wished to use Building B for retail. If sales of the personal watemraft did not do well, there would still be the potential for the rest of the products that go with it like clothing, accessories, and parts for water-oriented products. This would put him at the 1-200 ratio again and he would have to come back for another variance. He did want to have to do that but wanted to solve the problem With the original Variance as submitted He believed that there was significant :)arking:available on U.S. 1 on the west side about twenty feet from his property line. The b~u~iness to the north of him has more than amp e parking spaces. During the time he was gaf. bering information ~for this project, he never saw anyone using the parking spaces in the business tothe narth. If there were ever a problem, the parl~ing spaces on U S i wou d also be an advantage for other people. CHAIRMAN FINKELSTEIN OPENED THE PUBLIC AUDIENCE. Lloyd Powell, representing the property owner at 1112 North Federal Highway, commonly known as Alpine Florist immediately across the street on the east side from the subject project spoke in favor of the project. Before Federal Highway got w dened and re-w~dened businesses along Federal H~ghway had ample parking. There was parking in front of the business in front of 1112 Federal Higl~way and when Federal Highway was widened, that parking was taken away. That allowed parking on the street. With the next widening of Federal Highway the parking onthe east side in front of 1112 North Federal Highway was taken away and parking is availab{e on the west side. The applicant is correct to say that parking is available. In the years since the business to the north of the subject p~operty went in, and with their large~ parking lot there had never been any use of th(~ parking along Federal Highway just n(~rth Of the app cant's property. He could see no reason why this variance should not be approved. He stated that the subject property was retail before the previous owner moved out and that it had been automotive before that. He thought it was great that soroeone was trying to do something with the property. He was pieabed with the proposed peak roof for the project. He requested that the Board grant the vadan~ beirr-g requested by the applicant. No one else wished to speak on this subject. CHAIRMAN FINKELSTEIN CLOSED THE PUBLIC AUDIENCE. Ms. Hoylan(~ asked the applicant if he had ooked into the possibility of providing the parking indicated by staf~ Mr. McMillan advised that he was providing all the spaces that he could provide on that parcel. Ms. Hoyland said that 20 spaces were required and he was providing twelve, leaving a variance of eight. Mr. Rumpf said that the only thing 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Februa~ 12,2002 governing the fluctuation in number of spaces was the kind of use proposed for a building. The total number of parking spaces provided would max out at twelve. Mr. DeMarco asked if the operation would be sales and service ane the applicant responded that this Was correct, Mr. DeMarce asked if the property would generate a lot of noise and the applicant responded that it would not. Vice Chair Heavilin inquired whether fee-in-lieu of applied to this property and Mr. Rumpf responded that it did not because the property was outside of the Central Business District wherethe program would be in effect. Vice Chair H. eavilin expr, es~..ed concern about the color of blue shown in the drawings and thought it was inCOmpatible with the yellow building on the comer. The color swatch represented the true COi~r and vice Chair Heavilin thought it Was a vast mprovement over the existing building:color. Mr.'Aguila wished to cenc~ntrate on the parking variance because if it fail~d, ther~ would be no point in addressing the color issue. Ms. Hoyland agreed. Chair Finkelstein asked Mr. Rumpf whether the prohibition on outdoor display of merchandise would preclude jet skis from being placed outside the subject property with For Sale signs, and Mr. Rumpf agreed that this would be prohibited. He said it would also prohibit any merchandise that was brought to the site from being displayed outside, such as jet skis brought in for return or repair. Mr. DeMarco stated that the paint would be four times darker when applied than it appears in the sample charts. He wanted to see a lighter color. Ms. Hoyland wondered whether they should discuss and vote on the site plan modification, if they failed to approve the variance. Motion Ms. Hoyland moved to approve the request for a vadance 0f 8 parking spaces from the 20 required, as requested by the applicant. The motion failed for lack of a seCOnd. Mr. DeMarco was also in favor of granting the applicant's request for a parking variance. Mr. Aguila had mixed emotions. He knew the applicant wanted to do something race with the property and he appreciated that. On the other hand~' there were several inappropriate, unsafe conditions that would be perpetuated if this plan, as presente~, moved forward. He believed that the required terminal islands at the end of parking spaces and separation between parking and buildings by sidewalks and/or landscaping were required for a reason and that was to protect the public. Having the parking right up against the building would be an unsafe situation. The one parking space at the north end should not be there. He would prefer to see a variance for an additional space and have something more aesthetically pleasing done with the southeast building. Ms. Hoyland said that this was something that could be shifted. Mr. Aguila was concerned with rollout garbage containers and generally thought the whole site would be too 11 Meeting Minutes -~, ~ Community RedeveIopment Agency Boynton Beach, Florida February 12, 2002 "jammed up". For these reasons he was not in favor of the parking variance or the site plan as proposed. Ms. Hoyland agreed that there were some issues on the site plan that could be fine- tuned and she thought that could be left to the applicant and staffto straighten out. She thought they had to concentrate on the variance since if it were not granted, she did not know if the applicant could pursue his project. Motion Mr. Aquila moved to deny applicant's request for a parking variance of 8 spaces and the staff recommendation of a5-space variance. Mr. Tillman seconded the motion for denial that passed 4 to 2, Ms. Hoyland and Mr. DeMarco dissenting; in a roll call vote polled by the secretary. Chair Finkelstein advised Mr..McMillan that he could appear before the City Commission and that there was a Chance that they might approve the project, in spite of the Board's denial of his applicafion. The CRA Board members had discussed the Site Plan Modification along with the parking variance and Ms. Hoyland asked if they could table the site plan until the City Commission acted on the parking variance, since the project could not move forward without that approval. Mr. Aguila stated that if he were the applicant, he would prefer to know now. Chairman Finkelstein said it would still come back to the CRA to be addressed if they approved the variance. Mr. Greene preferred dealing with it at this meeting. Chair Finkelstein wanted to see the project proceed, but he wanted the parking and ingress/issues settled. Major Site Plan Modification Project Name: Agent: Owner: Location: Description: MCMILLAN PERSONAL WATERCRAFT Kent McMillan Kent McMillan 1105 and 1109 North Federal Highway Request for Major Site Plan Modification to include renovations of two buildings totaling 4,066 square feet to be used for retail commercial use, and related parking lot and landscaping ~mprovements on a 0.257-acre parcel. Mr. Aguila discussed some conditions he wanted to see attached to any motion for approval of the site plan. He asked the applicant about his plans for signage. Mr. McMillan said there was an existing .sign on the southwest corner of the property, and he plans to use that sign. Mr. Aguila asked whether it was non-conforming for size or setback. Mr. Rumpf believed it was a setback issue. Mr. Aguila shared some of the concerns about the color but thought it might need to be lightened a shade or two. Because there was no landscaping along the building, he wanted the applicant to consider finding a way of adding some foundation planting at the base of the building where there were no walkway requirements to get into the building or where there were no other doom. He wanted the applicant to consider not having the one parking space in 12 Meeting Minutes Communit7 Redevelopment Agency Boynton Beach, Florida February 12, 2002 the southeast corner. He also would like the applicant to considering adding more landscaping and then closing the second, smaller driveway and only have one. If the whole thing were shifted to the north to line up with the drive, it would be better. Chair Finkelstein asked Mr. Rumpf to elaborate on Condition fl:6 and verified the amended language. Mr. Tillman was concerned about having room for semis or tractor/trailers at the site. Mr. McMillan said that there would not be anything larger than a UPS or Fed-X standard van on the property or a trailer about 12 feet long and 4 to 8-1/2 feet wide. He had no need for tractor/trailer deliveries. Ms. Hoyland asked if he would be selling new or used watercraft and Mr. McMillan responded that 95% of it would be used Mr. Rumpf saw it as a plus to have two driveways because of the lack of turnaround ability. In many older sites, there is not room for a "T" area. He felt that the site was small enough that when a car entered the site, a driver could tell before passing a terminal point whether parking was available or not. If it was not the ddver could easily exit. If you close one driveway off, there will be one way in and if parking spaces were taken, people would have to back into the driveway. He suggested reducing the driveway widths. If it were reduced in this case, landscaping could be maximized Ms. Hoyland inquired whether the applicant met all the backup requirements and Mr. Rumpf replied that he had met them. Motion Mr. Aguila moved that, subject to approval of the parking variance by the City Commission, the CRA approves the site plan modification, subject to the following comments: 11 wherever possible, foundation planting will be added, particularly on the east side of Building "A' and on the north and south sides of the entrance to Building B; 2) that the drive aisle be reduced to the minimum of 24 feet to allow foundation planting on the north side of Building A; 3) that landscaping is added in the triangular-shaped area between the parking space located at the southeast comer of the site and Building "A'; 4) that the north entrance is shifted to align with the drive aisle and the southern 12- foot drive is shifted accordingly; and 5) that the proposed color is lightened a shade or two. The approval is alSo conditioned on all Conditions included in Exhibit "C" - Conditions of Approval - including the amendment to Item #6 to prohibit outdoor storage, without referencing a code section. Mr. Henderson Tillman seconded the motion that passed unanimously. THE MEETING RECESSED AT 9:10 P.M, AND RECONVENED AT 9:15 P.M. VIII. New Business A= CRA Director: Establishment of candidate short list and interview dates 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 12, 2002 Chair Finkelstein noted that the Selection Committee had a large packet of resumes and that the committee had not met. Clarification was sought on the issue of whether the committee was an interviewing or a selection committee. Mr. Tillman wanted assurance that the. Selection Committee would not bypass the other members when it came time to the actual final selection Of the Director. Mr. Greene cladfied this issue by saying that the Board would select candidates for the Selection Committee to interview. When the interviewing is over, the Selection Committee will present their top candidates to the Board for final selection and confirmation. Mr. Greene provided the Board members with a matrix that showed their candidate selections. After a lengthy discussion, the Board reached consensus that each Board member's #4 and #5 choicas (their top choices with 5 being the highest) would be forWarded to the Selection Committee so that they cou d begin the interview ng process. The Board agreed to ccintact Mr. Greene by the end of ~is week with the r top two choir-esl a ne~v matrix will be prepared, and (~andidates will be scheduled .for interviews. The interview dates will be o~ ~arch '15 'an~l 22; 2002 and w[il extend throughout the entire :Jay on each day. The Board agreed that it might be necessary to pay for lodging and airfare for some candidates. Mr. Greene stated that when an interview date and time had been agreed to by the candidate, he orshe would be told, if they were from out of town, that their legitimate expenses would be covered by the Board upon rece!pt of appropriate paperwork. We would offe~to make a reservation for them in their name and we can pay for that directly. The airfare and rental car would be paid when they submitted the paid bills. Mr. Bressner requested that he be included in the interviews. He also recommended that the CRA Director from Delray Beach, Ms. Diane Dominguez, attend the interviews as well. Mr. Greene advised that Ms. Dom~nguez was willing to participate in the interview process, schedule permitting. B. Payment Authorization for Quincy Johnson Architects. RiverWalk Motion Mr. Aguila moved to approve payment. Vice Chair Heavilin seconded the motion that was carried unanimously. C. Payment Authorization for Advertised Cases and Public-Hearings Mr. Greene advised that the City Clerk normally pays for advertising. However, in projects like the Federal Highway Corddor and the Heart of Boynton, the amount of advertising is exceeding the City Clerk's budget. This payment represents the CRA's share of this expense. The amount was $2,618. Ms. Hoyland asked if this would happen again and Mr. Greene stated that it would, particularly if it pertained to the CRA. Mr. Greene explained that the City and the CRA have a contract for reimbursement for staff expenses. Up until now the City has not really gone after the expenses, but only kept track of them. There is $25,000 in the CRA budget for staff services. He stated 14 Meeting Minutes .... Community Redevelopment Agency Boynton Beach, Florida February 12, 2002 that the Delray Beach CRA pays a fiat fee of $60,000 a year to the City of Delray Beach's Planning Department for planning-related services. Motion Mr. Tillman moved to approve payment. Mr. Aguila seconded the motion that carried unanimously. Authorization to Expand the definition of the CRA Core Acquisition Area to Include the Area Bounded by Seacrest, the FEC Railroad NE 9th Avenue, and NE 11th Avenue ' Motion Mr. Aguila moved to authorize this action. Mr. Tillman seconded the motion that carried unanimously. E. Confirm the Intent of the CRA to Acquire, Through Condemnation, the Property Necessary for the Proposed Riverwalk Project Chair Finkelstein stated that the CRA was stil trying to purchase the property but that the backup plan was for the City to exercise eminent domain To that end, the City was preparing to issue a Resolution of Necessity to condemn the property. The City Manager was desirous of obtaining a commitment from the CRA that it still wanted the property. It was acknowledged that there was some risk, since the environmental analysis had not yet been completed. Motion Ms. Hoyland moved to confirm the CRA's intent to acquire this property. Mr. Tillman seconded the motion that carded unanimously. F. Authorization to Proceed with a Request for ProPosal for an Environmental Analysis of the Site for the Proposed Riverwalk Project Motion Mr. Aguila moved to a uthodze this request. Mr. Tillman seconded the motion that carried unammously. IX. Other A. S-1578: A Bill to amend Part III, Chapter 163, Florida Statutes, to restrict the ability of municipalities in various counties to create or expand community redevelopment areas and agencies The Board opposed the Bill and Mr. Greene agreed to have a letter written for Chair Finkelstein's signature and sent to the State. The Board members will be copied on this letter. 15 Meeting Minutes Community Redevel(~'ment Agency Boynton Beach, Florida February 12, 2002 B. Consent Agenda Mr. Tillman added this item to the agenda and stated that in the future, the items lust discussed and voted on could be plaoed on the agenda as Consent items. There be one motion at the end to approve, unless an individual item were pulled and discussed. The Board agreed that this would be a good idea. C. CRA Quote in Newspaper Article Vice Chair Heavilin referred to an article in a newspaper the previous week in which it stated that the CRA had acq, uired some property, She thought that the Board members should be careful about talking to the press She stated it could have been misquoted and Mr. DeMarco stated that this is what it had been, a misquote. X. Public Audience None Xl. Adjournment There being no further business to come before the Board, the meeting was duly adjourned at 10:15 p.m. Respectfully submitted Susan Collins Recording Secretary (three tapes) (2/13/02) 16