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Minutes 11-13-01MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 13, 2001 AT 6:30 P.M. Present Larry Finkelstein Chairman Jeanne Heavilin, Vice Chair Alexander DeMamo Don Fenton Michelle Hoyland Henderson Tillman Absent Quintus Greene, Director of Development/CRA Lindsey Payne, Assistant City Attorney Michael Rumpf, Director of Planning & Zoning Dick Hudson, Senior Planner Edc Johnson, Planner Jos~ Aguila I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. and explained the role of the Community Redevelopment Agency (CRA). He welcomed the visitors to the meeting, including Commissioner Mike Ferguson, and introduced the other members of the Board. Mr. Quintus Greene, Director of Development, introduced himself and the staff from the Planning & Zoning Department. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. III. Agenda Approval Motion Vice Chair Heavilin moved to approve the agenda as presented. Ms. Hoyland seconded the motion that carded unanimously. IV. Approval of Minutes, October 6, 2001 and October 9, 2001 Motion Mr. Titlman moved to accept the minutes as wdtten. Vice Chair Heavilin seconded the motion that carded unanimously. V. Director's Report A. Financial 1) October 2001 Financial Statement Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Quintus Greene, Development Director. explained the October 2001 expenditures and commented on the Summary Report of Billings for October that included such items as packet preparation, financial reporting, billing preparation, and research and amounted to $4,467.04. The City has never actually billed the CRA for these services, but records are kept as a guideline for the cost of the services. 2) Property Acquisition The City Commission retained the services of a Real Estate Administrator, Urban Planning Group~ at its November 6 meeting. Appraisals have been initiated on select properties in the target area and efforts will be made to have the Real Estate Administrator follow up,. make offers~ and conduct negotiations on those properties. B, Project Updates 1) Federal Highway & Heart of Boynton (MLK) Mr. Greene deferred comment on these topics until later in the agenda. 2) Ocean District The survey and analysis phase of this project is substantially complete. A conceptual design and model for the Town Square has been completed and is in Conference Room C of the West Wing at City Hall. 3) Marina/Promenade/Riverwalk The Development Department has been working with the developer to get the Promenade moved forward, Steps have been taken toward getting preliminary design work done. 4) Way-Finding Signage Staff is in the process of preparing a recommendation to the City Commission for an intedocal agreement with the City of Hollywood, Flodda to design the way-finding s~gnage program for the City. This project will provide much-desired experience for the City of Boynton Beach. C. Future Agenda Items An abandonment for the Dakota Lofts project will be on the December agenda. D. Commission Action No items came before the CRA that were presented to the City Commission for action Mr. Fenton asked for a status report on the topic of the CRA getting its own Director and staff. Mr. Greene indicated that this could be discussed under New Business Item VIII.(B). Vice Chair Heavilin asked for a date when the Board would see the first design for the Promenade. Mr. Greene indicated that he could probably have a date by the following week. VI. Unfinished Business None 2 Meeting Minutes ,-~ Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 VII. Public Hearing Chairman Finkelstein advised the participants of the order of business dudng the Public Headng portion of the meeting. Lindsey Payne, Assistant City Attorney, administered the Oath to all those who planned to speak at the meeting. Land Use Amendment/Rezoninq: A= Project Name: Agent: Owner: Location: Description: DAKOTA LOFTS H.P. Tompkins Chan's Enterprises 3010 S. Federal Highway 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-1 -AA) to Planned Unit Development (PUD). Dick Hudson, Sr. Planner, delineated the details of the project contained in the Staff Report. The opinion of staff was that this would represent redevelopment and enhancement of the Federal Highway Corridor, contribute to the overall economic development of the City, and increase the range or' housing opportunities for residents of Boynton Beach. The applicant agreed to ail Staff.conditions and Staff recommended that the subject request for land use amendment and rezoning/master plan be approved. H.P. "Press" Tompkins, Jr., of HPT Consultants, Inc., representing the applicant, advised that he was primarily there to answer questions. Chairman Finkelstein opened the Public Headng. Steve Gallagher, 816 Bamboo Lane, spoke for several Bamboo Lane and Virginia Gardens Drive residents when he expressed concerns about the increase in density, traffic, lack of sufficient turnaround space, building height, water supply, cost to the residents of hooking up to the City's water supply, and whether this would mean annexation of their neighborhood to the City. Chairman Finketstein stated that staffand the applicant had covered several of the concerns mentioned by Mr. Gallagher already. He advised that issues of this type would be addressed when the Site Plan came up later in the meeting. Ms. Hoyland asked Mr. Hudson if the developer were developing the properly to the maximum allowable density and he replied that they were not and that with the rezoning the property could accommodate a total of twenty-one units. As no one else wished to speak, the Public Hearing was closed. Meeting Minutes .~ Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Motion Mr. Fenton moved to accept Staff's recommendation of approval for this item. Mr. DeMarco seconded the motion that carded unanimously. Site Plan aJ Project Name: Agent: Owner: Location: Description: DAKOTA LOFTS H.P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request for site plan approval to construct 19 multi-family town homes on two (21 acres. Eric Johnson, Planner, distributee copies of the site plar to the Board members and summarized the Staff Report and recommendations. The Engineering Department proposes that the portion of Bamboo Lane between U.S. I and the proposed entranceway be widened to 22 feet. Engineering staff recommended a turnaround area be added to the subject site for emergency and service vehicles, and Item #3 in the Conditions of Approval was a requirement from the Fire Department that the turnaround area at the southeast corner of the subject property have a minimum centerline radius of 50 feet. Subsequent to the printing of the staff RePort, the develooer met w th the Engineering and Fire Departments and a com~r0mise was reached. At the end of Condition #3 the followin,,g should be added: ~or to the satisfaction of the Fire and Engineering Departments. The developer has agreed to all the Conditions of Approval. Staff recommended that this site plan r~luest be[ ~Pptoved contingent on the approval of the concurrent land use, rezoning, and abahdonm~t requests~ Staff also recommended approval of the site plan subject to th& ~ at~ing: 'requ rement and all comments nc uded n Exhibit "C" - COnditions of Approval. Mr. Tompkins indicated that there was an existing well in the parking lot of the Sun Wah restaurant. He met with the Engineering Department last week and they learned that the well was being used by several residents for potable water The r research into the matter found that the well had never beer permitted for that particular use. The developer agreed to extend a water main .of a. reasonable size down Bamboo Lane so that the residents who were on the well. npw would have the opportunity to hook up to City water. They have made arrangements not to disrupt tl~e water and sewer service being provided to the old: Chan residence, the first residence to the east of their property. They believed they had made every effoA tolaccommodat~the residents in the area. Concerning the tr;iffic report, they found a decrease in magnitude of almost 1800 trips per day from the traffic generated by ~e irestaurant to what~ would be generated from nineteen town homes. ~hairman Fink~el~tein asked Mr. johns°n if Mr. Tompkins' comments were addressed in Condition of Approval #2 and he repiied that they were Chairman Finkelstein opened the Public Hearing. Commissioner Mike Ferguson, 460 Horizons West, Boynton Beach, stated that Mrs. Freed, who lives at 821 Bamboo Lane, asked for his assistance in this matter. She has an easement for a well and it will be occupied by townhouses #15 and #16 and she does not want to go on City water. He believed that her easement should take precedence over the develOper's plans until the developer can resolve the issue. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Mr. Steve Gallagher inquired whether the water line the developer proposed to extend to Bamboo Lane was to be offered to all of the residents on Bamboo Lane and Mr. Tompkins replied that it would. He then asked if the acceptance of water from the City of Boynton Beach would mean that his neighborhood would be incorporated into the City of Boynton Beach The developer deferred to the City. Mr. Greene stated that taking City water did not annex a resident into the City of Boynton Beach. Ms. Lindsey Payne affirmed that cities could offer water to other cities or to unincorporated areas and it did not entail annexation. Mr. Rumpf stated his belief that the water service agreements had a clause that alluded to possible annexation but that any Such decision would be made at a later time as a separ, a. te planning event. Mr. Gallagher believed that the developer should bear the residents cost to hook up to the City water supply s nce the deve oper's project was disrupting thaircurrent water source. He also expressed a desire on the part of the E~amboo Lane residents for a gate at the beginning of their street that would prevent traffic from coming down their street any further than the entrance to the Dakota Lofts project. Kristin Conti, I Virginia Gardens Drive, Boynton Beach, stated that she was a City resident who paid City taxes and had City water. She was concerned on behalf of her family and neighbors in reference to traffic. She was skeptical about the report that there would be a reduction in traffic with the advent of the proposed project. They had some major concerns about the canal and its use. It appeared that there was not enough information for the residents as to the cost they would have to bear about the water service. She also wanted a gate at the entrance to Virgir~ia Gardens to deflect Dakota Lofts traffic. They had an unpaved, private road and were extremely concerned about the traffic coming down their road. Many of the residents bought there because of the R-I~AA zoning, expecting single family usage and wanting the privacy. She was also concerned about the height of the proposed buildings for the residents living on the far west side since the residents of Dakota Lofts could, potentially, look into their back yards. Fred Canova, 815 Bamboo Lane, was concerned about the building height since it exceeded the current zoning restrictions. He also stated that one of the properties using the well in question was at the end of a canal adjacent to his property (on the south side of the canal) and if that property were to be annexed, it would subject the entire other side of Bamboo Lane to annexation along with it. If that happened, would the entire length of Bamboo Lane have to be widened to meet City standards? Mr. Rumpf stated that if it were annexed and since it was a private roadway, the City would not simultaneously take it on as a public roadway and apply the current development standards to it. It would remain private. Mr. Canova asked the developer if they intended to repair and repave the street at the completion of constructibn. Mr. Tompkins stated that the developer would repair and repave the section that the City required to be twenty-two feet wide and whatever portion of the street that needed to be torn up for the extension of the water lines. He did not foresee repaving the entire length of Bamboo Lane. Joan Nigro, 804 Bamboo Lane, objected to the entrance being so close to her house. She believed that Bamboo Lane had never been dedicated and that it was a private road. She objected to the traffic that would arise as a result of the construction effort. As she is at an intersection she would get the traffic from Palmer Road and Bamboo Lane. She inquired whether a private, undedicated road could be accessed in this way. 5 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Bruce Jarvis, 810 Bamboo Lane, believed that the mechanics of the water ~ssue should be fully explained to the residents. He asked if there were a detailed entry plan off Federal Highway in terms of signage or monuments. Mr. Rumpf stated that signage improvements would be restricted to the applicant's proper[y. Mr. Jarvis suggested that the developer and the City were missing an opportunity to improve the entryway to the project. Steve Dingle, appeared on behalf of his parents, Ron and Mickey Dingle, who live at 3 Virginia Gardens Drive and could not be present. They were happy about the development in general and thought it would be an ~mprovement. However, they wished to know if the developer had considered an entrance on the northern part of the property. They were concerned about the impact to Virginia Gardens Ddve due to the construction effort. They also wished to know if the developer had any plans to pave Virginia Gardens Ddve and if not, his parents might be wiiling~ to help pay for paving it. They were concerned aboutthe width available for making a turn into Virginia Gardens Drive along the proposed landscaped area, on the buildings to the north. Chairman Finkelstein closed the Public Hearing. Mr. Fenton asked whether the disruption in the water supply to the residents of Bamboo Road would necessitate the residents spending money to hook up to the City water supply. Edc Johnson stated that the developer would hook the residents up to the City water but that the residents would have to pay the normal monthly service tee. He affirmed that there would be no premium fee because the residents were not part of the city. After a lengthy discussion, it became apparent that there was a misunderstanding between the City, the developer, and the residents about the water issue. Staff believed the developer had agreed to all the Conditions of Approval and that the developer had met with the residents and clarified the water issue. The Conditions of Approval stateC that the developer would connect the residential dwelling to City water or install a new well to serve the residential dwelling. Mr. TompKins' view was that the developer woul¢ run the water lines up to the residence only. There was general agreement on the Board that many open issues had to be resolved before the project could be resubmitted to the CRA for approval. Mr. Tillman was concerned about identifying the exact number of people using the wells, the potential annexation issue, the legality of the wells, the tight turnaround space on the access roao, and the responsibility for dedication of the tumaround space. He suggested that the developer, the City (including the Legal Department), and the residents get together and communicate about these issues. Mr. Tillman believed that these legal issues needed clarification before proceeding with the project. Ms. Hoyland agreed with Mr. Tillman's analysis with the addition of several other issues. She believed they should be getting plans in their packets for their review prior to the meetings. They had not had adequate time for review of the plans. She believed that many of the issues should have been dealt with before the project was presented to the Board. She also favored deferring the Board hearing until some of the open issues, legal and otherwise, had been resolved. 6 Meeting Minutes ~.~ Community Redevelopment Agency Boynton Beact~, Florida November 13, 2001 Ms. Hoyland was concerned about an apparent encroachment by Virginia Gardens Drive onto the proposed property. Mr. Johnson stated that there was no encroachment. Mr. Rumpf deferred the question to the applicant, Mr. Tompkins. Mr. Tompkins said that according to the City's Engineering Department, there is no legal document creating Virginia Gardens Drive. There was an old tan-foot access easement across the Chan property and also a ten-foot utility easement that transverses the Chan property. They had relocated that and :~rovided the City with a new, 20-foot access easement to tie to what is now exists as Virginia Gardens Drive. They plan to utilize the same roadway they have now. In ~ooperation with City staff, the developer was trying to cause the lea~t possible disruption to Virginia Gardens Drve and Bamboo Lane. Michael Rumpf, Planning & Zoning Director, reported that Staff understood from the applicant that the de~'et0per had contacted the property owners and worked out some of the open issues, particularly water delivery. There are some very antiquated, "old Flodda" aspects to this project. They had reviewed the property on site with the limited access off Bamboo Lane. He deferred to the applicant whether or not the developer had the jurisdiction to alter and expand Bamboo Lane. Mr. Rumpf stated that staff was comfortable with the Conditions of Approval as wdtten if the information given was correct; however, he asked Mr. Tompkins, "Who has jurisdiction .over Bamboo Lane?" Mr. Tompkins stated that there was~. a street or roadway easbment for that portion of Bamboo Lane that ~hay,are accessing. They agreed to e~Pand the pavement from fourteen feet to twedty~? feet. Mr. I~umpf stated that it appeared the developer was "riding on the rights tb~.t ~1~ restaurant owner.does now te a~b~S '~hat property", and the applicant responded: i~ the affirmative. The developer reitei'ated that the matter had been researched and ~t;here was an easement on Bamboo Lane~but not from Virginia Gardens Drive. Ms. Hoyland expressed reservations about the lack of decorative elements o~ the elevations that faced Federal Highway at the end of the buildings. She believed that stucco banding or shutters should be considered particularly since the property was on a gateway to Boynton Beach. Vice Chair Heavilin was concerned about the fact that there were only four guest parking spaces in the development. Also she believed that the traffic would probably have a negative impact on Bamboo Lane and Virginia Gardens Drive since they are extremely narrow, and only allow one vehicle at a time. She asked the developer to consider the request of the residents for gates. She also asked if there would be any impact to the residents from the standpoint of dockage and seawalls. Mr. Rumpf suggested that if this concerned the Board, that the Board add a condition that agreements be put in place to preserve the use and docking rights on the canal. Mr. Tompkins stated that the property owners had no plans to disrupt any of the dockage or usage of the canals. Vice Chair Heavilin also had a concern about drainage and Mr. Tompkins said they had submitted a more detailed drainage, plan to the Engineering Department that Was approved. Mr. DeMarco thought that having City water would be a definite improvement over well water. His understanding was that the developer was to bring the water lines to street- side of the involved residences and that hooking up to City water would be up to the residents. He thought that the City should provide the information to the residents about the costs of hooking up to the City's water. Mr. Gallagher (a Bamboo Lane resident) stated that they were in favor of that as 10rig as it did not cost them a lot of money. Chairman Finkelstein asked Mr. Tompkins if any reference to a well or wells had shown 7 Meeting Minutes ¼~ Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 up in the title search and Mr. Tompkins responded that two title searches had not revealed anything about a well or wells. Ms. Hoyland inquired about the minimum backout requirement for perpendicular parking in reference to the north access drive. Mr. Johnson said that the requirement was 27 feet but that it was r~ot being considered as a drive aisle and that the Engineering Department had agreed with the allotted space. Mr. Tillman re(; uested action on the item. Motion Ms. Hoylan(~ moved to table the Dakota Lofts site plan until the next Board meeting or until the following comments were addressed: that agreements are made or drafted for water service for the residents now using the well on the property; that an agreement is drafted for the docks that exist for the adjacent affected properties; that the elevations fronting on Federal Highway to the west, north, and south be revised to incorporate more detail; that decorative light fixtures be proposed within the project; that a 27-foot backout area be provided adjacent to the garages; that the garages be 18 feet in width at the access point; that Bamboo Lane be called out on the survey as to whether it is a public or private roadway and the exact width of that roadway or easement; that the access for Virginia Gardens Ddve be indicated moro clearly on the proposed site plan (the area that is going to be removed and the area that is proposed). Mr. Tiilman seconded the motion. Vice Chair Heavilin stated that much of what Ms. Hoyland had listed was very technical and had already been approved by the appropriate City Departments. She agreed with the agreements pertaining to water service, dockage, and the elevations. Chairman Finkelsteln did not agree with some of the technical requirements and did not want to dictate to the Planning Department. He did not know if the City had the right to make the developer share the canal if the developer owned it and according to the survey, the developer did own it. He agreed that there were some important questions about the wells, water supply and delivery, and annexation that should be addressed. A vote was taken on the motion. The Chairmen asked the Recording Secretary to call the roll. Messrs. DeMarco and Tillman and Ms. Hoyland voted yes and Mr. Fenton, Chairman Finkelstein, and Vice Chair Heavilin voted no. The motion failed. Motion Mr. Tillman moved that the Dakota Lofts site plan be tabled and that the developer and staff get together and gather the necessary agreements for the project to move forward to include items brought forth on the well, legal issues on the roadways, and the access 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Flodda November 13, 2001 off of Federal Highway and Virginia Gardens Ddve. Vice Chair Heavilin seconded the motion. Ms. Hoyland asked if the rest of the Board had any concerns with the elevations. She believed that was the function of the Board and reiterated her concern with the lack of architectural elements on the westernmost building, on its north and south ends. Chairman Finkeistein asked Mr. Tomkins to comment on this and Mr. Tompkins agreed that they could improve this aspect of the project. Mr. Tillman amended his motion to include Ms. Hoyland's elevation comment pertaining to the architectural elements on the ;north and south ends of the westernmost building. Vice Chair Heavilin seconded the amended motion. The motion passed 5-1, Ms. Hoyland dissenting. A RECESS WAS DECLARED AT 8:15 P.M. AT 8:25 P.M. THE MEETING WAS RECONVENED. Rezonino/Code Amendments Project Name: Agent: Location: Part #1: Part #2: Part #3: US 1 Corridor Rezoning & Code Amendments City of Boynton Beach Federal Highway Corridor segment between the Boynton C-16 Canal on the North, and Woolbright Road on the South, and lying between the Intracoastal Waterway on the East, And the right-of-way of the Florida East Coast (FEC) Railway on the West. Proposed Zoning Regulations for Mixed-Use and Mixed-Use Low zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan. Rezone Area III of the Federal Highway Corridor Redevelopment Plan from Central Business District (CBD) to Mixed-Use (MU). Rezone Area II and Area IV of the Federal Highway Corridor Redevelopment Plan (excluding Boynton Isles and Lee Manor Isles Subdivisions) from Single-family Residential (R-l-AA) and (R-l-A), Single & Two-family Residential (R-2), Multi-family Residential (R-3), Office/Professional (C-1), Neighborhood Commercial (C-2), Community Commercial (C-3), and General Commercial (C-4) to Mixed Use-Low (MU-L). Dick Hudson, Senior Planner, stated that this agenda item would be handled in three parts. He then introduced the author of the Federal Highway Corddor RedeVelopment Plan, Michele Mellgren, who briefly explained the events leading up to the Plan and the City's request that she assist in the rezon;ng and implementation of the Plan. She noted that the CRA had already reviewed the Plan and submitted comments. Meeting Minutes ¼,~ Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Mr. Hudson advised that the Mixed-Use area was basically the area covered by the CBD, the center of which was Area #3. The two areas above and below it, Areas #2 and #4, would be the Mixed-Use Low areas. He referred to the Summary of the changes made to the Plan subsequent to the CPA's rewew. There was an item that was not included but was changed and this was a change to the minimum lot size for a hotel that still sh0weC as three acres. Chairman Finkelstein advised that the Board's intent had been that if the hotel were in a Mixed-Use area, it could be part of other structures on the three acres or it could stand by itself on three acres. Chairman Finkelstein opened the Public Heanng. Reginald Stambaugh, Attorney at Law, appeared as a representative for several downtown business owners. He asked the CPA to consider the historical uses of the Federal Highway Corridor. Prior to 1-95, Federal Highway connected the State from Jacksonville to Miami. The people who bought on Federal Highway relied on the commercial use of Federal Highway. The business owners are suggesting a smaller scale downtown at the intersection Of Boynton Beach Boulevard and Federal Highway, leaving the remaining zoning the same. The City should De sensitive to the present users and not experiment when there is no proof that the proposed plan will work. There are downtown business owners now who are paying taxes and providing services to the City of Boynton Beach who want thezoning[o r~main the same as it is ~ow. To change the rights of the existing business owners~when they are rely!ng =on the traditional zoning is neither fair nor proper. The proposed !plan would eliminate rthe commercial users se the City could create something totallY neoN..He asked the CRA ~o remember whom they were affecting and whether they wanted to affect doWntown property owners who were paying taxes and who had relied on the! regular zoning. He .referred to the residential d stdcts that had been exemoted from the zoning and said that carving pieces out was not planning but was giving to certain interest groups. Phillip Bacon, 1310 North Federal Highway, owner Sunshine Car Wash, spoke against the proposed zoning changes, inquiring whether his becoming a non-conforming use would prevent him from re-building his business in the event of a catastrophic event. Chairman Finkelstein stated that this would be answered after the public hearing. Chairman Finkelstein remarked that Mr. Bacon had. asked the same question at the CRA workshop and had been referred to City staff. Mr. Bacon also-asked why there was no accommodation for automotive uses on Federal Higl3way since there was no more C-4 zoning in the City. Lloyd Powell, Alpine Florist, 625 South Federal Highway, had been at the meeting for two hours but had to teave. Mary Law spoke on his behalf, saying that Mr. Powell was opposed to the rezoning. Ms. Mary Law, 625 South Federal Highway, stated that she owns a rest estate office on Federal Highway and also owns the lot at 703 South Federal Highway. She was opposed to the rezomng because she believed that the City was causing properties to be non-conforming in both use and size. She felt it was discriminatory to vary the height requirements from property to property. The City intended to raise their property taxes quickly based on the City's ability to inflate property values by buying an(~ selling properties. This would not necessarily improve the property values but would increase tax assessments and the CRA would, therefore, make money raising their taxes. She 10 Meeting Minutes ....... Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 asked that the City exempt her properties [rom the rezoning plan like it did with the residential communities of Boynton Isles and Lee Manor Isles on July 17, 2001. Harvey Oyer, East Ocean Avenue, (from 5'11 to 531), also requested that his properties be exempted from the proposed zoning changes. He understood that the City was providing a means for raising the height limitation and increasing the values of the property in the downtown area. Several years ago the people of the community voted a height limitation by referendum and he did not believe this had ever been voted out. He believed the attorneys were trying to say that the referendum could be disregarded. The net effect of the implementation of the proposed zoning changes would raise the heights in that area from 100 to 150 feet. The County Property Appraiser will come through, raise the taxes to an extent that the property owners are ~0t g;3Jng to be able to pay it or pass it on to the tenants in their leases. He cited greedy developers coming in and wanting to make money and politicians who wanted the gl0p/for their accomplishments as the means of wiping out nearly every small business in coastal south Florida. He referred to Visions 20/20 where~the City tried to establish Ocean. Avenue as a historic area. He requested an exemption for his prqperties on Ocean Avenue since they did not front on Federal Highway. H~ ~asked that.the City revise its plen~ and not push out the ex sting businesses. H~ asked,that his prQperties .be exempted from any zoning that would be apPlicable to the Marina project. Don Desiderio spoke as a representative of a Coalition to Represent the Rights of Small Businesses. He remarked that during a CRA Workshop it was revealed that the CRA could buy property at less than market value. The City cannot. He stated that the City formed the CRA to accumulate properties at less than their value and then turn around, put them together, and sell them for a higher value. He questioned how that property owner is going to be compebsated. He inquired whether there was any Federal money being used by the CRA to pumhase any properties. Chairman Finkelstein stated that there was not at this time. Mr. Desiderio stated that another comment had been "If the Federal Government buys your property, then you will be compensated with a similar property equal to....". Chairman Finkelstein thought he was referring to the Heart of Boynton project and not the Federal Highway Redevelopment Corridor, Mr, Desiderio Stated that he would bring it up again when that item came up for consideration. Louise Dacamara, 836 East Drive, Harbor Estates, was concerned about the possibility of a business locating in her neighborhood due to the Mixed-Use designation. She was also concerned about how the rezonmg would affect the value of her property and the height limitation. June Trach, 1120 North Federal Highway, Rustic Retreat, stated that she owns three parcels of land at this location. She bought the property as an assisted living facility a year and a half ago. She compared this purchase to the game of Monopoly, stating that she believed she was buying Park Place and if the proposed rezon~ng changes were made, she would have bought Baltic instead. She stood to lose a lot of money and she did not appredate it. She asked that the City allow her properties to be exempted from the proposed zoning changes, as it did recently for Boynton Isles and Lee Manor Isles. Chairman Finkelstein interjected that the CRA had not excluded anyone from the proposed zoning changes but that it had been the City Commission. 11 Meeting Minutes ~, Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Barbara Castro, 830 No. Road, asked that the City exempt her preperty and all the property in Harbor Estates from the proposed zoning changes. They wish to stay with the current zoning. The community is happy the way it is. John Paoletti, Yachtsman's Cove, has a boat dealerehip on the C-16 Canal, and spoke in opposition,to the proposed zoning changes, saying that it would cause him to lose a great deal of vatue in his property. Also, Federal Highway from the Keys to Stuar~ had traditionally been a business-oriented and business-friendly thoroughfare. He stated that Federal Highway was for business use and he did not know what kind of residences the City could put there. He noted that there was a Florida law that if a business were to be rezoned the business would have to be compensated for the loss of revenue and property value and theloss of the actual cost of the business. If the zoning is changed he could never sell his boat business that had been there for twenty yeare. He did not know how the City could do this. He hoped the City realized it was affecting the welfare and livelihoods of a great many people. Chairman Finkelstein said that changing the zoning did not preclude a business owner from selling his business and that the business would become a legal, non-conforming business. It did not close the business down or keep it from operating or being sold and used by a subsequent owner for the same, non-conforming use. Chairman Finkelstein closed the Public Hearing. Mr. Fenton had heard conflicting versions of whether property taxes and values would be raised or whether the passage of the zoning changes would reduce values and property taxes. He was conceme¢ about Mr. Bacon's rebuilding issue and asked staff for a direct answer. Mr. Hudson stated that under the current Code, if the repairs cost more than 70% of the current value, the property could not be rebuilt. Vice Chair Heavilin asked if the "70% of total value" meant the land and building? Mr. Rumpf read the applicable clause from the Code and stated that it meant total value. Mr. Rumpf reiterated that if the Code changes were made and an existing non-conforming business were destroyed, it could not be rebuilt as that same non-conforming use if it would cost more than 70% of the total value of the property to rebuild. Mr. Greene commented that the staff had been directed by the City Commission to address the issue of zoning along the Federal Highway Corridor. The City Commission determined that something had to be done w~th some of the uses, particu ary some of the C--4 uses. In order to do the zoning, they had to address the Plan for the Corridor. Zoning is a tool to implement the Plan. The CRA gave input about the Plan, public meetings and workshops were held and the CRA was bdnging it back for another public heanng. Chairman Finkelstein added that the conser~sus to address the zoning issues dated back to Visions 20/20. Chairman Finkelstein asked Mr. HL[dson to change the size limitation on grocery stores from the 15,000 feet now shown in the Plan to 10,000 feet, as agreed at previous CRA meetings. Mr. Greene confirmed that this had been requested by the CRA. Vice Chair Heavilin expressed her understanding that the only change to the Harbor Estates district would be in terms of setbacks and Ms. Mellgren confirmed that, saying that if a homeowner desired to have a slightly reduced setback, they could. The height 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Flodda November 13, 2001 had notbeen changed. Mr. Fenton askeC where taxicabs would park if there were a large hotel on Federal Highway. Ms. Mellgren said that the proposed changes would discourage fleet parking but did not preclude taxicabs from stopping to pick up passengers or queuing up to do so. Mr. Fenton asked if there were any Second Amendment concerns about disallowing the sale of ammunition and firearms. Ms. Mellgren deferred to the attorney who said that there were no such concerns. 'Motion Vice Chair Heavilin moved to accept VII-C, Part 1. Mr. Fenton seconded the motion with the understanding that the square footage for grocer~' stores would be 10,000 square feet instead of 15,000 square feet. Vice Chair Heavilin agreed to include this with the uneerstanding that it applied to this portion of item 7C. The motion carded ~-0. The Board then considered VII-C, Part 2 of this item, the rezoning of Area III of the Federal Highway Corridor Redevelopment Plan from Central Business District (CBD) to Mixed-Use (MU). Mr. Hudson explained that the area in question included a C-4 strip along the FEC right-of-way and had 104 acres. Staff analyzed this proposal in terms of the criteria for land use and rezonings and approved it. Chairman Finkelstein opened the Public Heanng. There were no members of the audience who wished to speak on this topic. Motion Mr. Tillman moved to approve Item VII-C, Part 2. Vice Chair Heavilin seconded the motion that carried 6-0. Mr. Hudson advised that the staff recommendation was in favor of Item VII-C, Part 3. Chairman Finkelsfain opened the Public Hearing. Louise Dacamara, 836 East Drive, asked how this rezoning would affect the value of her property and her taxes. She also wished to know what uses would now be allowed in her neighborhood She believed the City planned to include businesses in with residences and wondered why this would be so. Mr. Greene responded that this area already had an underlying land use classification of Mixed-Use and that this proposal would merely bring the zoning in fine with that underlying land use designation. The only change that would affect Harbor Estates was that a slightly reduced setback would be allowed for residences. He did not know whether the property values would go up or down. This proposed change in the zoning code would have no adverse affect on her residential development. Mr. Greene said there would be no businesses moving in next door to her and that such an event would not be feasible due to the multiplicity of requirements that would have to be met. Chairman Finkelstein closeo the Public Audience. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 Motion Mr. Tillman moved to approve the item VII-C, Part 3. Mr. DeMarce seconded the motion that carried unanimously. Project: Agent: Location: Description: Heart of Boynton Community Redevelopment Plan City of Boynton Beach Area generally located south of the Boynton (C- 16) Canal to NW and NE 3'd Avenue, bounded by Interstate 95 on the West and the Florida East Coast Railroad (FEC) on the East. Update of the Community Redevelopment Plan for the Heart of Boynton (formerly Martin Luther King Jr.) area with an emphasis on neighborhood identity and stabilization as well as targeted land assembly. Mr. Hudson introduced Mr. Robert Gray, Chairman and CEO of Strategic Planning Grou p, who had prepared the Heart of Boynton Redevelopment Plan, which constitutes a major update to that sector of the community formertyknown as the Martin Luther King Corridor, and defines the process, finding~ and impJementation steps necessary to achieve the desires of the i,o. cal stakeholders'and the ~ity at large. The entire report is available in the City Clerk s office. The CRA 'had already been given the detailed presentation and public headngs had been held~, whlere public opinion was gathered. Mr. Gray summarized the key points of~he Plan for the audierme, including a timetable of the various phases of the project. Chairman Finkelstein opened the Public Hearing. Harvey Oyer, 512 No. Seacrest Boulevard, approved of the Plan in general but spoke against the shopping center aspect, preferring instead that the City acquire a block of property in the area and place on it a police station, a fire station, and parking. He did not believe that a shopping center at the proposed location would be viable. Also, he felt that there was a strong need to encourage entrepreneurial opportunities in the area and that implementation of the Plan would hurt the African-American businesses on Martin Luther King Boulevard. if a major shopping center came in, national chains would tenant it and the opportunities for pdvate enterpnse would be hampered or eliminated. He also wanted to see a public health facility in the area. Thomas JOrdan, 411 N.W. 10~ Avenue, said he was in favor of the redevelopment except for the acouisition of propertieslfrom private owners. Some ~eople did not want to leave and he was one of them. He hoped to live in Boynton Beach all of his life. He lived in the house he was bom in. He:.kneTM changes were required in the area and he knew that it would take work. He asked that more time be taken so that an alternative could be sought. Kevin .Patterson, 508 N.W. 2"d Street, said he had been in the area for fifty years. He was concerned that some homes in the Cherry Hill area had recently been built and some were even under construction at this time. He had just completed a $20,000 14 Meeting Minutes .... Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 renovation to his home. Who would be paying for the property and would he get true market value for it? He wanted to stay in his own house at its present location. Wilfred Hawkins, Assistant City Manager, stated that this was an economic redevelopment plan that would bring economic power to the community, develop self- sufficiency, and establish social equity. It Was not a blanket attempt to move people out. In order for the City of Boynton Beach to gain some stability drastic change must occur. The goal is to bring people back into this area that can provde the economic infusion of dollars that this area needs to become self-sufficient. The environment cannot remain as it is and achieve economic stability. People coming back into this area would also help to support Boynton Beach Boulevard businesses, Federal Highway businesses, the Marina, and Ocean Avenue. Mr. Hawkins assured that the City was sensitive to the issues of relocating people or buying people's property and that it wanted to be sure everyone got fair market value for their property. He stated that it was not the City's intent and it would not be its goal to negatively affect anyoae in the area who had to deal with relocation. The City would insure that the elderly community was taken care of propedy also, He was strongly in favor of entrepreneurShip and thought there would be many opportunities for African Americans in the revitalized downtown. There would be a stron~ residential area and it would need the support of serv ce bus nesses such as dry ceaners, beauty parlors, doctors and lawyers. Ne stated that the stakeholders in the community were promised that this Plan would be implemented and not just gather dust on a shelf. He expressed the hope that the CRA would support the Plan. Thomas Jordan spoke again, asking that the City take his land and build a house that it believed would fit into ~he community and let him pay for it. He asked that he be allowed to keep his property. Chairman Finkelstein-said that this kind of specific issue was not under consideration and that the CRA was considering a Master Plan only at this time. Chairman Fini(elstein closed the Public Hearing. Ms. Hoyland was concerned about the C-2 zoning on Figure 17 of the Plan and wanted to extend it to match that shown in Figure 23. Mr. Tillman was not in favor of this since it would move the commercial area right up to the church. Ms. Hoyland thought it would be consistent, from a planning standpoint, since the church was C-2 also. A compromise that seemed agreeable was to extend the commercial to the north, east and south instead. Various Board members had detailed, specific questions but held them in abeyance ~3ecause it was the Master Plan under consideration. Chairman Finkelstein believed it would come back to the CRA again when they could consider more specific issues. Mr. Gray noted that the final plan; which included land use and zoning, had been overwhelmingly approved at two of the last workshops. Mr. Tillman liked the Plan and thought it represented unity for Boynton Beach in that the zoning patterns would be consistent throughout the City. It would also eliminate the problems people have had in getting financing on their non-conforming lots due to the current zoning. He further stated that the city Manager did not want to displace anyone but that this plan was about making a better Boynton Beach. Mr. Fenton commented that the City would be taking down a project that another government agency had put up. He did not believe that the ~3eople wanted their lives to 15 Meeting Minutes ~ Community Redevelopment Agency Boynton Beach, Florida November 13, 2001 be taken care or managed. He expressed concern for the man who said he did not want to move regardless ofifair market value. He advised he would vote against the project because he would n~ throw anyone out of his or her house in spite of anything government wanted to: do. He believed that this was an abuse of power and that the government should work around the people. Vice Chair Heavilin agreed with the concept, but had some concerns about relocation and wanted to know ifthe CRA would have an opportunity to revisit it. Mr. Gray said that before any potential relocation, the plans for that would have to be discussed. He noted that there were more vacant lots than there were owner-occupied homes and that more than sufficient vacant lots were available to accommodate anyone if they were to be subject to relocation. She noted that the lots were too small and Mr. Gray said they could be reconflgured. Mr. Gray stated there was nothing in the Plan that said that anybody was going to be displaced Over time there are certain things that would be taken out, Cherry Hill for example. As this was done. land could be rezoned for larger lots and that process could take years. Motion Mr. Tillman moved to approve the Heart of Boynton Community Redevelopment Plan Vice Chair Heavilin seconded the motion that carried 5-1, Mr. Fenton dissenting. VIII. New Business A. Absentee & Conduct Policy At the Board's re(: uest, Mr. Greene provided the Board members with cop~es of the City's attendance policy, Ordinance No. 099-03, and a copy of State Statute 163.356 that pertained to the creation of a cemmunity redevelopment agency. He read from both documents and a discussion ensued. The ordinance refers to the "three absences in a lerm and on fourth, dismissal" rule adopted by the City. The State statute added that the governing body could remove a member for inefficiency, neglect of duty, or m~sconduct in office. Ms. Payne advised that the City Commission could apply the "three-absence" rule but would still have to follow the State Statute, which embodies additional factors that would also apply. Chairman Finkelstein believed that these documents held the CRA accountable to the City's absence policy but that it would be up to the City Commission, the goveming body, to administer the Ordinance according to State Statute 163.356. B. Independent CRA Director & Staff Mr. Greene related that the two options were: 1 ) for the CRA to hire a director, secretary, and accountant that would be supported by City staff, or 2) acquire its own, independent staff. The City would have to amend its ordinance or write a new one to allow these alternatives and the item was expected to appear on the City Commission agenda in the near future. IX. Adjournment There being no further business to come before the Board, the meeting was duly adjourned at 10:30 p.m. 16 Meeting Minutes Community Redevelopment Agency Boynton Beacl'i, Florida November 13, 2001 Respectfully submitted, Susan Collins Recording Secretary (three tapes) (11/14/01) 17