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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. rn'1V york flvHad cyprus '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 ~ @ .~ 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 -