CORRESPONDENCE
~~
craIg livingston, arcl.,_cct
July 21, 1992
Mayor Weiner and City commissioners
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.o. Box 310
Boynton Beach, FL 33435-310
Re: Lighthouse Square Marina
Dear Mayor and Commissioners;
A year ago I stood here requesting an
Approval granted to the developers of
I wanted to appear before you tonight
status of this project and two others
front.
extension of the Site Plan
Lighthouse Square Marina.
to update you on the
planned for the water-
S
I am pleased to say the developers are now prepared to proceed
with the development and construction of the Lighthouse Square
Marina. The project, as you are well aware consisted of many
components, which included a 34 slip wet marina, a boat storage
building, 2 restaurants, 25,000 sf of shops, and a lighthouse
which will serve as the centerpiece of the waterfront develop-
ment. ~ '5~
In the original approval, I was directed by the Commission to
proceed with all the components of the project, for fear of the
boat building being built with no other development to follow.
I request tonight to be placed on the next Commission agenda to
present an alternate to the one phase approval, which would
allow the boat building to be built last, which is being
requested due to constraint, on financing agreements.
I have been inst~ t~e~rs of the project to apply
for building permits for the lighthouse, the harbormaster
building, the site and utilities, the extension of Boynton Beach
Blvd. to the project, the new north-south road connecting Ocean
Drive to Boynton Beach Blvd., and for the east retail building
which includes one of the restaurants.
new york florida cyprus
323 north federal highway suite c boynton beach, florida 33435
407-737-9606 407-737-9608 (fax)
July 21, 1992
The developers have secured the necessary funding to proceed in
a phased development, which we would present formally to the
commission at the next meeting. We intend to submit our plans to
the Planning Department when Chris Cutro returns on Monday, and
will coordinate any information he will need to evaluate our
proposal.
~~
The Sea Mist Marina project which was approved by the Commission
recently is proceeding through construction drawings, and as
requested by this Commission, we will present an overall drawing
showing how the two projects interface, at the August 4th
meeting. I have also been retained by the developers of the Sea
Mist to design a waterfront restaurant along the north side of
the area designated for the future bridge on Boynton Beach
Blvd., and will include this in my presentation on August 4.
I appreciate your continued cooperation and support for the
redevelopment of the waterfront and our downtown and thank you
for your consideration.
~tNk ~Qk
W\?~
PLANNING AND ZONING DEPARTMENT NO. 92-224
TO: J. Scot~ Miller, C~ty Manager
~~, ~.
FROM: Chr~s~opher cutro, Planning and Zon~ng D~rector
DATE: November 12, 1992
SUBJEC~: Lightnouse square Mar~na
We have rece~ved the attached correspondence from Edward Garc~a
reques~~ng a time extens~on for the filing of phase I bu~ld~ng
plans for the L~ghthouse Square Marina.
Th~s development was originally approved in August 1990. I:1
September of 1991, the development was given a one year extens1on.
In August of 1992 another extens10n was given, this t~me for a
phased development plan as follows:
Phase One: Lighthouse Marina, sea wall, all infrastructure
East Retail Building and East Restaurant 11/1/92
Phase Two: West Retail, Harbor Master, Del~ Building
Parking on north of Boynton Beach Blvd, 3/1193
Phase Three: Boat Storage Building, Retail on South' S1de
West Restaurant 7/1/93
The dates are f~nal dates for filing of building plans for a th:
work 1n each phase. ,The site plan was signed off, however, ther:
are outstanding conditions that have not been met to date.
This item has been scheduled for City Comm~ssion cons1deration on
November 17, 1992.
CC:cp
Enc.
THE ESG COMPANIES
84Q GENER.AL BOOTH 8l I/D.
V1RGiNIA B€,~H, VA. 234! 1
(a04; 412.3077 · FAA (904) 4,~26/0
VIA FAX 1-407-738.7459
Mr. Scott Miller
. City Manager
Clty ot Boynton Beach
Boynton 8.A~h, rlo~ld.
~E, Lighthouse Square Harina
October 30, 1992
DQ~r Hr. Miller.
w. are proaeeding with the developmQnt of Lighthouse Square
Marina, however it 18 nQcQssary for us to request a sixty (60)
day extension.
You: approval of this extension 1s necessary
continue with the progress of the development of thll
T~4nk you for your support of this project.
It any additional information is deeme~ necessary,
not ~esitate to contact me.
Sincerely,
JIJ VENTURES OF FLO~IOA
E'Jclu J~(\'~}~-
Edward S. Garcia
GonQral Partn.~
for us to
project.
please <10
craig livingston, archJtect
. ,..j(j
July 30, 1992
Mr. Christopher Cu~ro, D1r~c(or at Plann1n8
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, florida 3343'
RB: L1ghthouse Square Karina
Dear Mr. Cutro:
AS per our 13~t meeting _lth you and the developers ol tlt~ Lighchouse Square
M8rjna, we ara pl..sed to prasent the following ph6~ing Ichedule for the
completion of eomjttuct1on for your review and consideration.
As you arc aware, "e are currently listed as an agenda item for the August 4th
City Commi.~lun meetios for a formal vote and consideration of this SChedule.
Based on discussions with the ~evelop.t~ and thelr financial instltut1on,
we propo.. the project. be cuulpbt."d aH follow,;
PHASE ONE:
*Liahthouae
*M~rinn nnd aCQ wall
.East Retaln Buildina (10.000 SUSIe feet)
.All site utilities, ruadwurk. lKDdscape. parking
*kat: R..taurant
PHASE TWO; .W.~t Retail Bu11d1na (15.000 square feet)
.Two stor1 Deli Building
*Karbor Kaster Buildins
*Parkina at nortb side of B01n~oa Baach Blvd.
PHASE THREEs *Boat Storas- Building
*Retail on South aide of Hoat Building
*1JIICt llo~tJ1uraIU~
Wa anticip.ta.~\..a 1 to b.sin on No.e~ber 1. 1992 and complate eon.truct1on
within 9 IUOI'l.tla". Phlll.. 2 will basin by March 1, 1993 with compJ.et1on withio
8 laolltbe. Plun... 3 will basin by July, 1993 wich cOlllpl.tLan by Octobert 1993.
tn the event the leaa1n8 proceede fa.tar than expected, we vi11 coordinate
a.rl~er date. with your offie.. W. look forward to hearing your comments
resard1u, che aforementioned, and appreclate your continued cooperatlon and
conaidoration.
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'2" net"'" Inte/"ll' hl8/"'wy SNlre c boynrelrf ftt!1c'r, (fllrfllIJ '.}f.'~
401- 7"7, '606 107'-7J1-!1601 (fu)
CITY of
BOYNTON BEACH
~
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100 E. 8oynton Beach Blvd.
P. O. Bolt 310
Boynton Beach. Florida 33435.0310
t4071 734.8111
..
OFFICE OF THE PLANNING DIRECTOR
August 24, 1990
Mr. Craig Livingston
118 S.E. 4th Street
Boynton Beach, Fl 33435
RE: Lighthouse Square Marina - Site Plan Modification (Design
Amenities/Changes) - File No. 529
Dear Mr. Livingston:
Please be advised that on Tuesday, August 21, 1990, the City
Commission approved the referenced site plan modification
sUbject to staff comments, copies of which are attached.
These plans were approved sUbject to your compliance with the
attached stipulations and must now be modified to incorporate
same. To initiate your sign-off procedure, please submit two (2)
sets of. modified plans to the Office of the Site. Development
Division of ~he Building Department, which will record the
required identification markings on each set of the modified
plans.
After each set of modified plans has the appropriate markings,
you should proceed with your sign-off on each set of plans from
each Technical Review Board member who made comments. The Zoning
& Site Development Administrator will provide the Building
Department sign-off and is the last Technical Review Board member
to review and sign-off the plans. If the Building Department did
not have comments that require sign-off, they are still the last
department to handle and process the plans. One (1) set of final
signed-off plans will remain with the Building Department and the
other set of plans will be returned to you to be retained at the
job site.
To help facilitate the sign-off process, you should make an
appointment to meet with each Technical Review Board member (only
TO: Mr. Craig Livingston
-2-
August 24, 1990
those members who made comments), to allow them sufficient time
to review and sign-off the modified plans. After - securing all
the required Technical Review Board member signatures and
completing processing by the Site Development Division, you may
apply for building permits by submitting the appropriate
documents and fee to the Plan Review and Permitting Division of
the Building Department. The Building Department will advise you
as to any additional permits which may be required, such as Palm
Beach Health Department (water and sewer), clearing/grubbing,
excavation/fill, drainage, paving, site lighting, landscaping and
irrigation.
The approval of the City entitles you to construct only the
improvements shown on the site plan. The site plan will be
viewed procedurally as an as-built or record drawing. If you
have any questions concerning this matter, please do not hesitate
to contact me.
Vp.ry truly yours,
CITY OF BOYNTON BEACH
JAMES J. GOLDEN
Interim Planning Director
JJG:frb
Encs
cc: Technical Review Board
C:LsMarina
MINUT~- - REGULAR CITY COMMISSIt MEETING
BOYNTON B~ACH, FLORIDA
SEPTEMBER 3, 199
Art Matthews, owner of Rainbow Cicy Grocery Store located at 191
N.Seacrest Boulevard, residing at 1262 Gondola Court, lobbied on
behalf of the youth of Boynton Beach with regard to the game rool
at Ezell Hester Park. He urged the Commission to give con-
sideration to helping the children remain children by keeping th,
game room. He expressed the feelings of the neighbors of the
park who are anxiously awaiting its opening.
Bill Martin, 4398 Caryota Drive, Boynton Beach, spoke as the
Chairman of the Chamber of Commerce Economic Development
Committee. Be thanked the Commission for their support and
interest in local industry and for proclaiming September l6-20
Industry Appreciation Week.
MAYOR WEINER CLOSED THE PUBLIC AUDIENCE.
DEVELOPMENT PLANS
A. Lighthouse Square Marina - time extension for site plan -
Craig Livingston, Architect for project
Chris Cutro explained Lighthouse Square Marina is requesting a
time extension for their site plan which was approved in August,
1991 by the City Commission. The only staff concern is that the
time extension be granted for the entire project.
Mayor Weiner asked that all in favor of the Lighthouse Square
Marina speak first.
Craig Livingston, Architect, 323 North Federal Highway, requeste
the Commission grant the time extension for one year. He
reviewed at length, the history of this project. He pointed out
some of the problems they have experienced. He explained that i
December 1989, Mr. Al Giacketti expressed interest in the pro-
ject. Messrs. Livingston and Giacketti developed a concept
based on a boat storage building and lighthouse surrounded by t~
retail and marina. In January, 1990, the City commission changE
the approved use and in August, 1990, unanimous site plan appro-
val was granted by the City Commission. World conditions have
affected the bank's lending abilities. Mr. Livingston now statE
that in Spring, 1991, the bank verbally committed to Mr.
Giacketti. Sovereign Bank has merged with NCNB with new
financing established; however, no further commitment has been
forthcoming.
He continued stating that many businesses in the area are now
beginning to plan projects. Tenants are being attracted to the
project. Pete Rose's name was mentioned as a possible restaura
tenant along with the fact that hii name would bring with it
national attention. Mr. Livingston stated that the entire pro-
ject would be built in full, not in phases unless approved by t
City Commission. This project will add to the City's tax base
and is a good project for the downtown area. He thanked the
4
MINUTES REGULAR CITY COMMISSION r 1TING
BOYNTON BEACH, FLORIDA
SEPTEMBER 3, 1991
Commission for their support and requested consideration of a
time extension of one year.
Gary Ashcraft, Greater Boynton Beach Chamber of Commerce, 639
East Ocean Avenue, Suite 108, is in favor of this project and
supports the request for the time extension.
Bill Martin, Chairman, Chamber of Commerce Economic Development
Committee, 4398 Caryota Drive, spoke in favor of this project and
understood the borrower's frustration with the difficulty of
obtaining financing. It is his feeling this project is needed in
Boynton. He feels it will spur interest in the area. He urged
the Commission to consider this request.
Cynthia Greenhouse, 618 NE 20th Lane, spoke as a resident. She
is a staunch supporter of beautifying the downtown area and feels
this project is what is needed and would be a tremendous asset to
the City. She urged the Commission to consider the extension.
Ralph Marchese, 1901 SW Roma Way, expressed his feelings that
Craig Livingston has done a tremendous amount of work trying to
get downtown "uptownn. He feels the City will gain a great deal
by granting this time extension.
Motion
Vice Mayor Harmening moved to grant the extension of the con-
ditional use for six (6) months subject to the entire project
being constructed at one time. Mayor Weiner passed the gavel
and seconded the motion.
Commissioner Aguila questioned why Vice Mayor Harmening would
allow six months rather than one year for the time extension.
Vice Mayor Harmening stated he is not against this project. He
is against building it piecemeal. He feels the Commission needs
to express their opinion that the lighthouse is not the issue.
He speculated they probably thought if they did not take out a
permit for this particular piece, they might extend their con-
ditional use. In his opinion they would not. The conditional
use was for the entire project. He also added that the
lighthouse is 65'. There is question as to whether this is a
conditional use. The language in the referendum setting the
height limit at 45' was very specific. There is no language
which includes granting a lighthouse at a height of more than
45'. Vice Mayor Harmening feels this project has been around a
long time and feels there are still strong banks for financing.
If this project is viable, they should be able to get financing
within six months.
Attorney Cherof advised Commissioner Artis that if the motion
made by Vice Mayor Harmening failed, a subsequent motion could be
5
MINUTES REGULAR CITY COMMISSION
BOYNTON ~EACH, FLORIDA
ETING
SEPTEMBER 3, 19~
made. In response to a question from Commissioner Aguila, it was
Mr. Cherof's opinion that the Code implies the extension can be
up to one year.
Mayor Weiner stated she spent time at the Jupiter Seaport Marina
speaking with its owner, Mr. David Haynes. There is a three-
story boat storage building which has room for 150 boats. Mr.
Haynes would like to enlarge this to four to five stories. A
mechanic is on duty at all times with repairs being done
constantly. Lighthouse Square Marina has a conditional use for
only minor repairs. Forklift vehicles were constantly lifting
boats from the storage facility. There existed the smell of
grease, oil and gasoline. In Mayor Weiner's opinion, nothing
about the working boat storage facility would attract visitors.
She reminded the developers that conditional use was granted for
the boat storage facility because it was part of a larger project
including restaurants and shops which would become an attractive
draw to the Central Business District. She was finally reassured
this evening by Mr. Livingston that this project will not be
built piecemeal. She further stated that Mr. Garcia, who is sup-
posedly the developer, suggested at a meeting that if the City
really wanted to help this project off the ground, the City could
become a 30% partner in the project by the use of new innovative
financing called Certificates of Participation. Mayor Weiner
stated that any Commissioner reckless enough to vote to spend
taxpayers' money to help finance a private developer's project,
might find themselves the object of an immediate recall vote and
could possibly be guilty of malfeasance for the improper use of
taxpayers' money. Mayor Weiner is willing to give this project
an extension on the condition the entire project comes in in one
phase or no part be approved at all.
THE MOTION FAILED 3-2. (Commissioners Aguila, Artis and Matson
cast the dissenting votes.)
Motion
Commissioner Aguila moved to approve the extension for one year
with the condition that the entire development be done, and no
piecemeal. Commissioner Matson seconded the motion with the same
stipulation that the entire project be done. The motion carried
5-0.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. proposed Ordinance No. 091-60 Re: Amendment to the
current Occupational License Ordinance, Section 603,
regarding Merchants/Temporary/Retail activities
6
,
MINUTES - REGULAR CITY COMMISSION MEETING
80llmM BEAt F\.~1~
AUGUST 4, 1992
Motion
Commissioner Hanmening moved that we find it as a minor modification. Commis-
sioner Walshak seconded the motion which carried 4-1. (Vice Mayor Matson cast
the dissenting vote.)
BlY Tree It the Meldows 300 Trlct -B-, I P.U.D.
Gary Maresca
Bay tree Homeowners Association
Meadows Boulevard west of Willowbrook and north of
the L-20 Lake Worth Drainage District Canal
MASTER PLAN MODIFICATION: Request to reduce the
rear yard setback for the purpose of screened-
roofed and hard-roofed structures to 6' or to the
existing easement of record where applicable for
Lots 1 through 86.
Mr. Cutro made the presentation and explained this is a rear setback from 15' to
6' or up to the rear utility easement. This would be for hard-roofed structures
as well as screened-roof structures. A detenmination is required regarding
whether this is a minor or major modification. The Technical Review Committee
reviewed the request and had no comments. The Engineering Department requested
that this be sent to Utilities to detenmine whether or not this would bring the
buildings too close to the easements. That condition will be added when this is
brought before the Planning and Development Board. Staff recommends this be
forwarded to the Planning and Development Board as a minor modification.
2. Project Name:
Agent:
Owner:
Location:
Description:
In response to Vice Mayor Matson's question, Mr. Cutro stated this is the deve-
lopment where there was a problem with the overhead power lines. Mr. Cutro
reported that a bird hit both of the wires and created a short which melted the
wires. FP&L has rewired and moved the poles. The wires have been spread so
that there is a greater distance between the wires.
Commissioner Hanmening stated that he does not like to see hard-roofed struc-
tures so close. Vice Mayor Matson stated they already exist. These structures
were not inspected when the penmits were pulled and she does not feel they
should be chastised for the City's error. Further, one approval has already
been granted in this community.
Motion
Vice Mayor Matson moved that the Bay Tree at the Meadows 300 PUD Modification be
considered a minor modification and be sent over to the Planning and Development
Board. Commissioner Walshak seconded the motion which carried 5-0.
3. Lighthouse SquIre Marina - Craig Livingston
Mr. Cutro stated staff feels the proposal is acceptable to substitute the
phasing schedule with a year-to-year extension. Staff feels it is more
realistic to attempt to build this project in phases. An analysis was done
regarding the phasing, and it is felt that schedule will work well. The first
buildings will include some retail as opposed to the original plan to build the
boat storage first. The boat storage will be built during the last stage. Mr.
- 8 -
MINUTES - R~ULAR CITY CO"USSION MEETING
BOYNTON BEAr FLORIDA
AUGUST 4, 1992 ~
Cutro clarified that it will be necessary to approve Phase I, Phase II and Phase
III and the dates affiliated with each phase.
~raiQ LivinQston, 323 North Federal Highway, !! the Architect for the Lighthouse
Quare Marina and SiiMist Center. The developers have obtained enough financing
to do additional phases of the project. Those phases would include the
lighthouse, the marina and the seawall, the east retail building containing the
East Restaurant and all site utilities, roadwork, landscaping and parking. This
would include a new north/south street by the extension of Boynton Beach
Boulevard to the project, thereby connecting Boynton Beach Boulevard to Ocean
Avenue. This would reduce traffic at the intersections of U.S. '1, Boynton
Beach Boulevard and Ocean Avenue.
Further, it was necessary to show the Commission how the Sea Mist Center will
integrate with the project. Mr. Livingston was ~sked by Janet Hall to build a
150 seat restaurant at the northeast corner of the site which will be called th!
Lighthouse Grille. A parking lot will be built to provide seventy-six (76) spa-
ces and to the west of the pump station, an additional seventeen (17) spaces
will be constructed. Those spaces will be used for additional parking for the
SeaMist Center and for other parking related to the Lighthouse Square Marina.
As part of Phase I, Casa Loma Boulevard will be repaved and restriped and the
parking lot on the north side will be moved 20' further to the north.
Landscaping will be provided according to Code. A 90' turnaround will be
constructed at the east end of the project to eliminate traffic congestion at
Casa Loma Boulevard.
Phase II will be constructed to include the West Retail Building, a two-story
deli building, the harbor master building and additional parking on the north by
the Mangrove Park.
Phase III will include the Boat Storage Building, retail on the south side of
the boat building and the west restaurant.
Mr. Livingston stated that if things pick up, they will return more quickly to
the Commission for approval to proceed with the project. He believes this is a
realistic schedule everyone can live with.
George Culver. owner of TWo Georges. requested the support of the Commission for
this project. He feels this is what the downtown needs.
Mayor Weiner stated the Commission supports this project, but there has been a
problem with financing.
Paul Raffa. member of the Chamber of Commerce. requested support of the
Commission for this project. He pointed out that financing will be easier if
the project is done in phases. He feels this will be a great thing for the
City.
Al G1achetti. 891 HE 78th Street. Boca Raton. Florida. is the principle investor
01 this project. He stated there has been a problem obtaining financing for
this project and that has been the reason for the delay. He believes this
phasing plan will allow them to go ahead with construction.
- 9 -
"1
MINUTES - REGUlAR CITY CCM4ISSION MEETING ~
BOYNTON Br- 'It, FLORIDA
AUGUST 4, 1992
Commissioner Aguila has no problem with the phasing schedule and is happy this
project is ready to go, 'but he wondered what will be done with the area where
the boat storage will be constructed. Mr. Livingston stated the soil will be
stabilized and seeded or sodded.
Motion
Commissioner Walshak moved that we approve the phasing for the Lighthouse Marina
project as indicated by Craig Livingston, Architect, in his letter of July 30,
1992 to Mr. Christopher Cutro, Director of Planning, City of Boynton Beach.
Commissioner Aquila secQnded the matton,
Vice Mayor Matson stated she 's a fan of this project and has been since the
beginning. She believes this will be our jewel downtown and one of the cata-
lysts we need to bring business back to Old Town~
Commissioner Aguila clarified that there will be no problem regardless of the
placement of the bridge.
The motion carried 5-0.
Craig Livingston thanked the Commission for their continued support of this pro-
ject. He mentioned the plan he distributed earlier to the Commission showing
how the projects integrate and stated he will supply the formal, full-sized plan
to Mr. Cutro tomorrow.
Commissioner Walshak recommended that the City Commission begin thinking about
parking for the downtown area. Mayor Weiner agreed that a workshop meeting
should be conducted to address this subject. Commissioner Aguila feels the CRAB
should be involved in this meeting and Vice Mayor Matson would like to include
BRAG. This workshop will be planned for October.
4. Excavation & Fill Pennit - Winchester Property
Richard Staudinger of Gee l Jenson explained that this is an excavation and fill
permit which will take materials across property lines. The application has
been reviewed and there are no problems subject to the conditions placed on the
permit.
Motion
Commissioner Walshak moved that we approve the excavation and fill permit for
the Winchester Property. Commissioner Harmening seconded the motion which
carried 5-0.
5. Request for amendments to the C-3 Zoning District Regulations
Mr. Cutro reported that the A.G. Development Group is attempting to purchase the
Boynton Lakes Plaza property from the RTC. They are requesting a change to the
70ning regulations for the C-3 zoning district. At present, the C-3 district
allows minor repairs in the principal building only in a shopping center which
is at least five (5) acres in size. It must be part of the main building and
may not be located in an outparcel. Mr. Cutro pointed out that it is obvious
that in the past, it was felt minor repairs should be limited to the larger par-
cels, but it is not obvious as to whether that should occur in a stand-alone
building or the principal building only.
- 10 -