Loading...
Minutes 07-29-96 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 29, 1996, AT 7:00 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Taylor called the meeting to order at 7:10 p.m.; however, the fire alarm rang and everyone left the building. Mayor Taylor called the meeting back to order at 7:29 p.m. PRESENTATION BY EDWARD GARCIA RE: DOWNTOWN MARINA Edward Garcia, Robert Currie, Steve Baugh, and Al Giachetti were present to discuss this item. Conceptual drawings of the Marina Project were displayed. Mr. Garcia stated that it takes a joint effort by the public and private segment of a community to revital!ze a community, particularly a downtown area. He hoped to get cooperation from the citizens and the leaders of the community this evening. Mr. Currie described the proposed project. He said the plan proposed this evening is similar to the one that was devised three years ago as a result of the charette. He felt this plan is what we need to give the town that impetus to get going; however, we need an economic start. He displayed the site plan, which includes an 8,000 foot restaurant and 42,000 thousand square feet of retail, including the restaurant space. The boathouse is 36,000 square feet. There are 313 parking spaces. He would like to be able to rebuild the bulkhead all the way to the Two Georges, which encompasses the 55 feet that the City owns. He wants to maintain the two pumps because they are an argenity. They are rare and will draw people. He felt this plan fits into the fishing village character and reinforces the boating and fishing. There will be two-story buildings with rel;ail on the bottom and office and apartments above. There will be openings throughout for people to walk. There will be retail in front of the boathouse. Mi. Currie said the only way this is going to work is if we all do it together. He said the town and the City Commission have to want this and have to work with the developer. He felt this will rebuild the blighted areas. He stated that being the first developer in a MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 new area is risky. Therefore, the City needs to assist with lower rents for a short period of time to get retail in there. He asked for help in the following ways: Waiver of all City permit, inspection, and impact fees as well as assistance in obtaining related waivers from the County; Provision of necessary drainage for the property as previously discussed; · Utilities to be made available to the site; · Relocation of a 20 foot water main that runs under the building; Waiver of real estate taxes during the period of construction, not to exceed three years from the date of final City approval; and No increases in property tax assessment for a period of five years from the date of City approval in order to afford a reasonable time to lease out the premises and provide initial relocation incentives for prospective tenants. Mr. Currie is aware that he has to go through conditional use for the boathouse and residential mixed use. The height of the boathouse was increased for aesthetic reasons. It will be about 55 feet high, 60 feet high with the towers. He felt the City can provide incentives and recoup it in the long run in terms of redevelopment. Mayor Taylor inquired about the north side of the boathouse. Mr. Currie advised that there is access there to the boat docks and, hopefully, parking. M~. Currie pointed out the dock master house on the elevation. City Manager Parker asked if it utilizes any of the old DOT bridge right-of-way or if it IS strictly on the property currently owned by Mr. Garcia. Mr. Currie pointed out the right-of-way and advised that cooperation from the neighbor is needed to build this. Mr. Garcia requested that the City join him in making arrangements to allow him to use the area for parking. Ciiy Manger Parker asked if there is an entrance on Boynton Beach Boulevard. Mn. Currie advised that it is the street right-of-way. City Manager inquired if he is asking that this be improved. Mr. Garcia answered affirmatively. Mayor Taylor inquired about the pipe. City Manager Parker advised that it is a 24 inch clay gravity sewer pipe that handles all the sewer east of 1-95 on Boynton Beach 2 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29,1996 Boulevard. It will have to be relocated if any building goes over it, since the pilings will break the pipe because of the type of construction. Since we do not have a new plan, City Manager Parker used some old information we had to estimate the impact fees on this project. It would cost approximately $200,000 to install water and sewer to the site, and about $330,000 to upsize the existing pipes. She needed a little more clarification about what the developer means by the City "handling the drainage". Mr. Currie said he talked to the City's head utility man quite a while ago and he indicated that the City had the ability and would be willing to provide the drainage. City Manager Parker advised that we are not sure what the limits of that would be because we do not know what the permitting agencies will require in terms of pretreatment, etc. She said we have the capability to build a curb and gutter system, depending on the requirements of the permitting agencies. The drainage plans need to go through permitting before we can make an estimate. Mr. Currie pointed out that DOT is condemning three or four buildings, and stated that maybe something can be arranged with them. City Manager Parker advised that if that drainage pond has excess capacity, then we would not need to pretreat. Mayor Taylor referred to the impact fees. City Manager Parker advised that we do not have a construction cost estimate for this project yet. Therefore, we do not know what those fees will be. Mayor Taylor did not know if the City has any authority with regard to the tax incentives. M6 Currie said this would be analogous to what was done at Quantum Park. City Manager Parker explained that in the last referendum election, the voters approved an ecanomic development incentive program that allows the County to waive the payment of property taxes for up to 10 years for manufacturing and industrial facilities only. It do~s not include retail or restaurants, and she was not sure what they would classify boat storage as. Aisc, this is only at the County level, not at the City level. Mayor Taylor stated that when you develop a new development, the idea is to generate additional TIF funds to do more. If this is not going to be done in five years, then the Cily needs to know upfront if they are not going to get any additional taxes for the next five years. Mayor Taylor asked about maintenance on the boats and the noise factor. Mr. Garcia advised that there will not be any repairs done, other than some minor rePairs such as 3 F MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 points and spark plugs. There will not be any overhauling of engines or painting done on the site. Commissioner Tillman asked for the square footage of the boat storage. Mr. Currie said it is 36,450 square feet. Commissioner Bradley asked what will be done with the boat trailers. Mr. Garcia stated that no trailers will be stored on the site. Mr. Giachetti added that most of the people who have boats and seek out this kind of a facility do not have trailers. If they want to pay the same rate to store a trailer as it cost to store a boat, that probably would be allowed. Commissioner Tillman asked about the size of the boats that will be stored. Mr. Garcia said they will be multiple sizes between 20 and 40 feet. Commissioner Titcomb asked why the developer chose to restrict this project to two stories. He also asked about the west elevation. He said it looks truncated in the drawings. Mr. Currie stated that it has to look good because it is going to face the rest of the community. The walkway was brought around that area, and he envisions taking the same kind of motif around the corner. Mr. Currie also stated that the project is two stories because of aesthetic and economic reasons. With a two story project, you do not have to build a parking garage and other more complicated structural buildings. AlSo, with two stories, you have a more Iow scale, human, and village like setting. Mr. Currie pointed out the 313 parking spaces for Commissioner Bradley. Commissioner Tillman inquired about extending Boynton Beach Boulevard. City Manager Parker estimated it to cost $150,000 to do the strip from U.S. 1 to the edge of Gene Moore's property. Mayor Taylor pointed out that Boynton Beach Boulevard is a State road. He asked about requesting the State's help. City Manager Parker advised that the City has asked for their assistance in the past, but they did not feel it was a state requirement since it did not go anywhere. Mayor Taylor pointed out that it is going to go some where now. City Manager Parker stated that the City has received a $150,000 grant from the County to assist with the utility relocation. That grant was based on the number of jobs that was estimated to be generated by the previous development. The City has to reapply for that money that was designated for the Bqynton Marina, and depending on how many jobs are generated by this project, we still may be eligible to receive it. 4 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 Sy Rosenthal inquired about the economic feasibility of this project. Mr. Currie said he did a market study. He pointed out that it would greatly increase the costs to build larger buildings because of the parking, elevators, fire alarms systems, generators, etc. associated with larger buildings. Mr. Rosenthal inquired about the market value, the cost of retail space, etc. He asked if Mr. Garcia thinks he can recoup enough rent to make this profitable. Mr. Garcia said it is not going to be a real profitable project at the beginning. Hopefully, we will revitalize downtown and see some other development there in the future. He said this will be the first step for a redevelopment program. Mr. Rosenthal asked if it is his intention to build this entire structure at one time. Mr. Garcia said it will be built at one time, but he intended to start developing the marina by putting the bulkhead on and starting the dry storage building. He did not expect to put a boat in the dry storage facility until the other part of the project is moving forward. Mike Friedland asked about the time frame of this project. Mr. Garcia said he is prepared to start within 60 to 90 days from the time of approval, and the entire project shiou d be completed w~th~n 18 to 24 months. J~net Hall inquired about the capacity of the dry storage facility. Mr. Garcia stated that it will hold 226 boats. Based on previous research, Mrs. Halt felt this project was economically feasible. She questioned the parking and advised that she currently leases parking from Mr. Garcia. Mr. Garcia was amenable to continuing to share the parking in some fashion with Mrs. Hall and Two Georges. if there is a shortage of parking, he will ask Gene Moore for some cross access parking. Mr. Currie advised that more parking was provided than what was approved in the last approval. Calculations were done for every single function as though it was stand- alq~ne. He pointed out that restaurants are busy at one time and boathouses at another time, so there is going to be some cross access agreements. COmmissioner Bradley asked if the First Financial Plaza is at capacity. City Manager Parker thinks it may have a few extra spots. Right now she did not believe Two Georges and Mrs. Hall have sufficient parking. She stated that there is a 35 percent reCuction for the downtown area, and City Commission has been considering amending the codes for the downtown. 5 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 Mr. Giachetti pointed out that DOT is going to condemn some buildings; therefore, some street parking will be available. City Manager Parker advised him that on-street parking will not be allowed once the bridge is built. Mr. Garcia pointed out that offices are occupied generally during the day up until 5 or 6 o'clock. Restaurants start to become occupied at night. He had no objection to approaching Mr. Moore to see if an arrangement can be made with him and the people in that office building regarding parking. Kathy Shabotynskyj asked how many boat slips will be in the water and what size boats will be allowed in them. Mr. Baugh advised that there will be 37 slips for 35 to 60 foot boats. She asked if people will be allowed to walk on the docks and was told yes. Commissioner Bradley asked about the width of the boardwalk. Mr. Currie advised that the upper level will be about 5 or 6 feet wide. Mr. Giachetti believes the entire width is about 14 feet. Commissioner Bradley asked about floating dock space for boats while putting them in or taking them out of dry storage during peak times. Mr. Giachetti doubted that all 37 spots will be rented out. He said the north dock will probably be reserved for those peak times. During the none peak times, he would like the restaurants to have some sites available for people who want to dine by boat. Commissioner Bradley stated that one of the most critical elements is to make this very pedestrian friendly. He felt parking on both sides of the street would make it less pedestrian friendly. Mr. Giachetti advised that the south side of the buildings will also have a walkway that is elevated from the street. Mr. Currie pointed out the importance of having some parking near the restaurants. Ginny Foot mentioned the possibility of shared parking with Ocean Plaza. LlOyd Powell asked how this plan impacts the Banana Boat and their new egress because of the bridge project. Mr. Currie stated that this is out of the developer's hands. The DOT has already made that assessment, and the only way they can get in is through 6th. However, the Banana Boat will be receiving additional parking spaces, and Mr. Currie pointed them out on the conceptual drawings. A gentleman in the audience asked what type of incentives are going to be offered to businesses to move into this area. Mr. Currie suggested that lower rents be charged, 6 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29,1996 particularly in the beginning. Mr. Garcia asked the City Commission to consider giving new businesses a reduction in sates tax for a short period of time. City Manager Parker advised that the City does not have control over sales tax. Mr. Garcia asked the City if it had any incentives in mind to entice businesses to move into this area. City Manager Parker pointed out that the City Commission would be giving the developer incentives to pass along to the tenants. Otherwise, all the incentives go to the developer. She advised that this project could easily approach $1 miillion in incentives, excluding the building permits and the 24 inch water main replacement. It would cost roughly $150,000 to extend Boynton Beach Boulevard. Water and sewer to the site would cost approximately $330,000, and the impact fees on water and sewer alone would be about $200,000. More definitive cost numbers are needed to provide the rest of the information. JaCk Simmons stated that there is a mangrove area south of Boynton Beach Boulevard, and it would take 12 to 15 months to get a permit to do anything. He felt there were not enough parking spaces and pointed out the importance of adequate parking to make the project economically viable. He said the Intracoastal property is owned by the COrps of Engineers, and thinks a substantial portion of George Culver's facility is built on Corps of Engineers land. He did not think dry dock storage is an economic invigorator for the area. He stated that this kind of zoning variance might decrease the va~lue of adjacent properties and they would have the right to sue the City for the decline in Values. Mrs. Hall felt the dry dock storage will draw a lot of activity. Mi. Currie disagreed with Mr. Simmons with regard to the parking. He stated that in a mi[xed use development of 42,000 square feet, typically you have about 4 1/2 parking spaces per 1,000 square feet. If the parking does not work, the developer will make arrangements to get additional parking with Mr. Moore or some other off property pa~rking facility. Vice Mayor Jaskiewicz would not like the people to be charged for parking. Commissioner Bradley would not like parking or traffic, other than deliveries for the restaurants during certain times of the day, on Casa Loma Boulevard in order to make it a pedestrian friendly promenade. Mr. Currie pointed out that Mizner Park is pedestrian friendly; yet cars drive through there. It depends on how aesthetically you handle it, what materials and landscaping are used, and the kind of access. M~s. Hall asked if there are any fire regulations with regard to the dry boat storage because of the residences and restaurants. City Manager Parker advised a plan was 7 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29,1996 approved in 1990 for the retail component, the boat storage, and the restaurant. However, there may be some additional rules because of the residential component. Mayor Taylor was very much in favor of this project. He felt that any developer would want some economic incentives to make the project work and, in this case, it is the boat storage. He felt this will get something going in Boynton Beach, which we have been long awaiting. He said the City may not be able to do anything about the parking on the north end; however, the City can be supportive. He was adamant about the restaurants, etc., operating at the same time as the boat storage facility. Commissioner Tillman thinks this project is going to do a lot for the City. However, he still had some concerns about the impact it will have on the City. He said he could not be in total agreement with this project until the exact figures are known. He did not want to see one particular area of this project started and the rest not completed. He also wanted to know about the time line on this project, Vice Mayor Jaskiewicz was very happy with this project and encouraged at the prospect of iseeing something finally happen. She also would like to see a time line attached to it. She was concerned that the boat storage being started and then the project coming to a halt. She felt the use of facade was very important in making or breaking this project. It has to be aesthetically pleasing so that people want to go there. She wanted the facade continued around to the back. She liked the pedestrian friendliness of the project and the accessibility to get through various areas to walk along the water. She wanted the other side to look just as attractive. She felt it was extremely attractive and almost blends in with some of the conceptual drawings of the bridge. CCmmissioner Bradley had some concerns a couple of years ago about boat storage and he still has a few, but some of those concerns have been alleviated this evening. With a conditional use, he felt we can make sure that we get the kind of operation that we are looking for. Commissioner Titcomb thinks this project definitely captures the flavor of Gateway to thC Gulfstream. He would have liked to see something a little more grandeur, like pairking under the structures, but he was realistic businesswise. He said we need to put th~ shovel in the ground to bring attention, excitement, and momentum to downtown reCevelopment. He would like it to be economically feasible for the developer and the Cily. Conceptually, we asked for a fishing village/Sanibel/Key West look, and we have that look here. He hoped all the other details can be worked out. He felt it is appropriate to develop a marine oriented development in Boynton Beach. He did not 8 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 want the developer to forget the west end elevation because that will be the first elevation seen by new visitors and residents coming to this site. Mr. Garcia thanked the Commission for giving him the opportunity to present this project to them this evening. He said he heard everyone's concerns and thinks he can deal with just about all of them. He is prepared to move forward. He assured everyone that the entire project will be constructed basically at the same time. However, he would like to start with the bulkhead and get the dry storage building up. Mayor Taylor advised him that we need some solid numbers, and if we decide to approve this project, we will support Mr. Garcia in pursuing some of the permitting. Mr. Garcia found it very pleasant to work with City Manager Parker. He felt his staff and City Manager Parker can work together to generate the numbers and said he will be in contact with her. City Manager Parker stated that before Mr. Garcia moves forward with any site plan, the City Commission might want to make a decision on the incentive package. She advised that Mr. Garcia will have to go through the State permitting process before the City issues any permits. When the State agencies tell Mr. Garcia what they need in terms of mangrove protection, parking, etc., then the City can work around the State guidelines so that we are not in conflict with them. She pointed out that sometimes it takes a while to get the State permits. It took us four years to get our permit for Mangrove Park. She said staff and the Commission can be supportive when it comes to the County and the State agencies; however, neither Mr. Garcia nor the City really have control over that time line. Mr. Garcia did not think the permitting from the State with regard to the parking in the north end would slow this project down. City Manager Parker thought his permits to redo the docks have expired. Mr. Garcia advised that the seawall and bulkhead can be done immediately. The only thing he needs is the City permit and the environmental design development. Mr. Baugh added that they only need the permits for the finger piers. Everything else will be treated as a repair under the existing permit for the marina. City Manager Parker pointed out that it is not considered repair if you expand the number. Mr. Baugh stated that they are shrinking the number. Mr. Garcia said he met with some agencies and was told that they would be cooperative with regard to the north end, and it appears that we can move forward with the rest of the project. The only thing they mentioned was the flushing in the canal. 9 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 City Manager Parker asked about the drainage studies on water quality with regard to the gas pumps. She did not have a problem calling all the agencies together and asking for a meeting on site in Boynton Beach so that everyone understands what needs to be done with this project. At this time, Mr. Garcia, Mr. Baugh, and Mr. Giachetti left the meeting. PUBLIC HEARING ON PROPOSED ORDINANCE NO. 096-32 RE: AMENDING THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR A RESTRICTION ON THE LOCATION OF COMMUNICATION TOWERS City Attorney Cherof advised that this is the first of two public hearings, and no vote will be taken this evening. We have already had first reading of this ordinance. Second reading will be held at the next Commission meeting. He advised that a few provisions have been added to this ordinance. One of them, which was discussed at the last meeting, is a request for Florida Power & Light to make certain we are not restricting their ability to use their automation devices, the control signaling, switching, and meter reading. The other new sections are G and H, which does for the M-1 District what subsections C and E do for the Rec District and the Public Use District. It makes it clear that these are conditional uses and that telecommunication towers are permissible in the M-1 District and is permitted as a conditional use up to a height of 150 feet. He advised that the public may give their input now or reserve their comments for the next Commission meeting where the second public hearing will take place. Mayor Taylor opened the floor to the public. Jill Jarkesy felt new subsection G should reference A1 DA, which is the section under the conditional use provision in the M-1 District. She also felt subsection E should come under A1 DA. Sections C and D refer to the permitted section under those zoning districts, and Ms. Jarkesy felt they should come under the conditional use section for clarity. With regard to rooftop mounted antennas, our Code talks about rooftop equipment, but it does not specifically talk about antennas. She had several approvals the last several weeks for antennas that are approximately 2 inches thick, usually 2 feet by 4 feet. These are panels that are mounted on the screens. Our ordinance talks about rooftop 10 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 equipment, but Ms. Jarkesy was a little leery about the definition of telecommunication towers. She felt panel antennas do not come under the definition of a telecommunication tower. If it is determined that it does, a lot of the taller buildings in the City would not be permitted to have these panel antennas on top of them because they are not in the correct zoning districts. That can be dealt with by not allowing them on tall buildings in the City. Ms. Jarkesy pointed out that they create no impact whatsoever because they are mounted behind the screens and are not visible. Another alternative would be to treat them as rooftop equipment, in which case they would be subject to building permit review. She recommended the City make an administrative decision to allow them as rooftop equipment or revisit the code and draft some criteria for them. City Manager Parker felt the first priority should be to put them on existing buildings because there would be no visual impact. Even though we may loose the revenue, the tradeoff is that we will not have quite so many towers. If someone comes in for a menopole because they cannot do anything on any of the tall buildings, then she felt the monopole should go on public property. She suggested they be permitted as rooftop so that we do not have to hold up on a site plan approval. Commissioner Bradley asked about the maximum size of an appurtenance on top of a bu!ilding. Ms. Jarkesy advised that the Code has criteria for screening of rooftop equipment and height. City Attorney Cherof pointed out that we will be rewriting this ordinance and the provisions of our Code that deal with this subject matter on a regular basis. City Manager Parker advised the Commission of another issue that will probably come before them. Currently, rooftop satellite dishes are primarily prohibited. However, they are getting down to six inches in size and the new FCC regulations state that we cannot prohibit the small ones because they are deemed to be unobtrusive and do not really impact on people. This FCC ruling supersedes condo or homeowners' deed restrictions. Commissioner Bradley asked if we can anticipate a challenge if we do not go with this. Ms. Jarkesy said she is not going to threaten suit over rooftop equipment. She would want to work with the City to create criteria in the zoning code. She thinks our zoning code is unclear right now. 11 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 29, 1996 City Attorney Cherof advised that the ordinance would have to be changed. Commissioner Tillman suggested not making any changes until we review the new FCC regulations. City Attorney Cherof will come up with some language for second reading. If the Commission does not want to proceed, the Ianguage could be worked into another ordinance. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 9:08 pm. CITY OFBOYNTON BEACH ATTEST: Recording Secretary (Three Tapes) Commissioner C~;m~missionor 12