Planning and Zoning Meeting - Regular Meeting

Hey. Hey. Hey.

6. It is 6 p.m. This is the planning and zoning meeting of the city of Boca Raton. Will everyone please rise for the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. Kathy, please call the role. Chair Sevel here. Vice Chair Dorblazer here. Mr. Mitchell here. Mr. Kamehah here. Mr. Matthews here. Mr. Morabi here. Mr. Morgan here. You have a quorum.

Thank you. Okay. The first item of business is I have to hand the gavl to Brandon.

Uh good evening. So we're we're conducting the uh election for chair tonight um as we do every April. Um so are there any nominations from the floor for uh chair? I nominate Ara Seville. I'll second that. Very good. Um, any further nominations? Seeing none, all in favor? I. Any opposed? Thank you very much. Congratulations. Okay. Next, I I'd like to nominate Tim Dwis for vice chair. I'll second that nomination. All in favor? I I It's unanimous.

Thank you. Next, I'd like to nominate Greg Mitchell for secretary. Second. All in favor? I. Okay, it's all done. Okay. Uh, we have an amendment to the agenda if everybody is okay with it. I'd like to move uh item C, the courtyard at Spanish River to become the first item. Uh, you have minutes. Excuse me. Oh, I would. No, the amendments to the agenda is before minutes. So, that's fine. Make item C item A essentially, right? The amendment to the agenda is first. Okay. You all okay with that? Okay.

Yes. Okay then. Okay. Next item then is minutes. We have the regular meeting of February 19th. Look for a motion on the second. Motion to approve. So seconded. Any discussion? All in favor say I. I. I. Okay. Next is the regular meeting of March 5th, 2026. Motion and a second. Motion to approve. So seconded. All in favor? I. I. Okay. One more set. The regular meeting of March 19th, 2026. Need a motion to second. Motion to approve. Okay. So seconded. Okay. All in favor? I I.

Okay. Next we have Qua Judicial Public Hearings and I ask the city attorney to explain that procedure. Good evening, Mr. Chair, members of the board, Chris Hernandez, senior assistant city attorney. The rules of the city council provide that each applicant requesting approval, relief, or other action from the planning and zoning board this evening shall disclose at the commencement of the public hearing any consideration provided or committed directly or on its behalf for an agreement to support or withhold objection to the requested relief or action. A copy of the quasi judicial rules governing tonight's public hearing are attached to the agenda and are available from the city clerk. Thank you. Uh would everyone who's going to speak this evening please rise and be sworn in?

Do you swear or affirm that the testimony you make this evening will be truthful and accurate? Thank you. Okay, with that we'll start with the courtyard at Spanish River. Mr. Chairman, I have a conflict of interest. One of the tenants who's impacted is my cousin and client. I will step off for this hearing. Okay. Thank you. Anybody else live there? Okay. Okay. Well, that uh this one is Tori Boon. Sorry, I didn't have to surprise you with that. Good evening. No worries. Quick quick change there. Shall I read the Before you go, we need to have the record. Sure.

Kathy, please. The courtyard at Spanish River, a resolution of the planning and zoning board considering for the approximately 4.51 acre existing commercial property known as the courtyard on Spanish River, generally located at 500 Northeast Spanish River Boulevard, a technical deviation from section 281655 code of ordinances to reduce the required number of parking spaces from 326 to 226 providing for repealer providing an effective date. Thank you. Uh, Exparte Communications. Mr. Morgan, I had a brief conversation with Ellie Zacharitus and her associate today. Okay. Mr. Kamehah, I did as well. Okay. Mr. Stormlazer, same conversation. Mr. Matthew, I did as well. Mr. Morabi,

same here. Yeah, I had a conversation with Ellie and drove around the parking lot twice. Okay, with that, Tori, it's all yours.

Thank you. Good evening, Chair Sevel and members of the planning and zoning board. For the record, Tory Boon, zoning manager, and I'll be presenting the parking technical deviation request tonight. The property is located at 500 Northeast Spanish River Boulevard in the B2 zoning district, east of Federal Highway and south of Spanish River Boulevard. Pre previously known as Spanish River Plaza, the property received conditional use approval in 1973 to permit parking in an R2 zone. Later in 1975, they reszoned that southern portion of the property from R2 to B2. Then they received site plan approval in 1983 for an office addition over an existing parking lot. 1984 another site plan approval for the addition of two office space. And 1985 site plan approval for two additional office space. The applicant is seeking a deviation from section 281655 code of ordinances to reduce the number of required parking from 326 to 226 spaces for an existing commercial property known as the courtyard on Spanish River to attract more diverse uses such as restaurants without the need for site improvements. The city's parking rates shown in table one reflect 326 required parking spaces requiring parking for each use. The applicant proposes to use the IT parking rates shown in table 2 to reduce the required parking rates for the property. This is to aim aiming to attract new and diverse tenants. 266 parking spaces are provided on site and if the technical deviation is granted, there will be a surplus of 40 spaces that can be allocated to higher demand uses such as restaurants. In compliance with section 28-1659 code of ordinances, the applicant has provided an alternate parking study based on an observational analysis demonstrating that the site's parking needs can be adequately met under the proposed reduced parking rates. This study accounted for peak hours and usage usage patterns, indicating that the

proposed number of parking spaces will adequately accommodate demand without causing overflow or congestion in surrounding areas. The alternate parking study demonstrates that the code required parking exceeds the actual demand for both existing and anticipated uses. Additionally, recent data from IT, which compiles and analyzes parking demand information from various studies of similar land uses, confirms that the actual parking needs are significantly lower than the ratios mandated by the city's code. The development services department recommends approval uh with conditions of the variance application. I'd also like to mention that with input from the applicant, we made minor corrections to the TDM conditions in the resolution. We removed the requirements for a Bright Line subsidy and updated the term residents to tenants since this is a commercial property with no residential component. And here are those changes. And that concludes my presentation. Happy to answer any questions.

Thank you. Questions for staff? Anyone? Anyone? No questions. Thank you. With that, I'll ask the petitioner to come up and give her a presentation. Please, please state your name and address for the record.

All right. Hi everyone. My name is Sarah Thompson. I'm at 14 Southeast 4th Street in Boca Raton. And tonight I'm here on behalf of the applicant. Uh Tori, you did a beautiful job giving an an overview of our request tonight. And I won't try to bog down your night any longer with another presentation. I know you have two more two more items after me, but I do want to point out one slide that I have and I think someone here is controlling it because it's not me. The next one after this. Okay. So, I just wanted to just put this up on the screen so that everyone has an a visual of the improvements that have been done to the site since the property owner acquired the property. So, I think it was about four years ago when the property owner purchased this land and this this shopping center. I believe the the building was built in 1975. So, it it has some years on it. So, in the last four years since acquiring the property, um the owner has put in about $2.5 million into this site. So, on top of the money and and and the time and the blood, sweat, and tears, they've really um taken taken this project to heart to try to bring some vibrancy into the area and and revitalize this site. So, in order to facilitate this revitalization, we came to the city asking for this blanket parking rate onto the site in order to align it with the existing conditions that are that are occurring, the the the trips that are coming into the site as well. Um, we had our traffic engineer, we had Kimley Horn, and if you have any technical questions, our traffic engineer, Nick Brooks, is right over there and can answer any of them for you. But we had our traffic engineer come on site and actually conduct an onsite realtime observation of the in the cars coming in and cut and coming out as well as conducting a parking study um using it calculations. And on top of those IT calculations, we did include a 15% buffer to account for any any deviations off of that. Maybe

there's one day that everybody's decided to come to this site and and visit the the tenants over there. Uh so based on those observations and the IT calculations, it was clear that the parking on onsite that we're providing is way above the the actual demand. So these this blanket parking rate that we've come to an agreement with the city with has is basically allowing us to have real the like a more on-site supply that exceeds the actual demand. That makes any sense. Okay. Anyways, so unless if you want me to go through our presentation, I can. Otherwise, we are here to answer any of your questions.

Questions for the petitioner. Mr. Morgan? No. Mr. Mayo? Do you have specific tenants that you're targeting um with this modification? No. So, this is basically to allow for flexibility when tenants come in and out. So, and just to give you a brief overview, the the the uses that this blanket rate covers are office, restaurant, and retail. So, anything that falls outside of retail and office and restaurant, it's all going to go into the retail um use. So, if it's not office, if it's not restaurant, it's considered retail. What percentage of the space is vacant right now? Nick, do you have an idea?

No, I believe we're I for the last time I checked, I think it's about 60 to 70% occupied, but I'd have to double check. I haven't been able to get those answers. Okay, thank you. Stone blazing. No question. Matthews, some Rob. So the parking study that was conducted that took into account the fact that uh the building is not entirely occupied and there are there are vacancies and uh the study concluded that if it were 100% occupied that the parking would be sufficient. Correct. Okay. Thank you. So just to be clear, you're you're not taking any parking spaces physically out of the project. No, sir. So it's just you're going to have an abundance.

We're not touching the parking. Correct. Okay. Okay. Yeah. When I I was there, the parking lot had a was like half empty. It was the middle of the day. Exactly. Yeah. As I've been told, the the city's code um needs an update with their parking calculations and requirements. We're going to get to that. Thank you. Okay. Tori, you have anything else to add? Nothing further. Okay. Then this this open open the public hearing. Does anybody from the public wish to speak on this? Seeing none, I'll close the public hearing and look for a motion on a second. for approval. Make a motion to approve. Second. Okay, Kathy, please call the role.

Dorblazer, yes. Kho, yes. Matthews, yes. Morabi, yes. Morgan, yes. Seville, yes. Motion passes, six votes to zero. May I ask just a quick uh observation or comment of where are we with bringing our code into the current century? I assume specific specifically with regard to parking. Yes.

Uh we have um had a consultant do some studies um that include both observations in the city as well as comparisons with other jurisdictions. Um we we haven't got much beyond that due to other priorities, but we do we do intend to uh to address it because honestly I'm I'm much more concerned about vacant space as opposed to parking problems at centers like this. No, I I totally agree. Yeah. And it seems that virtually every issue we have has some kind of parking deviation, right? And and they all work. Yeah. I don't think staff is the problem. No, not at all.

I think we just need to make it a priority. Okay, with that, we'll move on to the the next item, which is uh item A, Holiday in and Suites. Kathy, would you please read that item into the record?

Holiday in and suites, a resolution of the city of Bocraton considering for the approximately 5.02 02 acre property generally located at 701 Northwest 53rd Street. An amendment to an approved site plan planning and zoning board resolution number 886 to authorize a commercial industrial multif family development which includes the following. A the conversion of an existing approximately 83,697 ft hotel building into a 125 unit residential building including 10% affordable and 5% workforce units. B. the conversion of an existing amenities building into a 5,545 ft restaurant with outdoor dining. And C, the conversion of internal ground floor space to create three retail units totaling 451 square ft together with both on-site and off-site improvements.

Okay. Thank you. Okay. Uh, any expporte communications on this one, Mr. Morgan? None. I did meet with with staff and the applicant, but that was when I was serving as a deputy city manager, so I know that it that's qualifies as the next part. Okay, Mr. Mitchell, I had conversations with the council for petitioner. Okay. I had a conversation with David Miller. I had a conversation with David Rob. I spoke with David as well. Yeah, I spoke with David and visited the site and seemed to be a lot of vacancy in there, but

and and actually I'm sorry. I did uh receive a phone call from David today and I also visited the site. Okay. Okay. With that, Jacob, it's all yours.

Uh good evening, chair and board members. Uh my name is Jake McGerman, uh senior planner for the city. I am here on behalf of Owen Develin, senior planner on this project, who is currently on leave. Um I'll be presenting the holiday in Sues project located at 701 Northwest 53rd Street. Uh the property was originally approved with a master plan and conditional use approval for a conditional commercial node known as the Yamato and I95 commercial node. Uh following that approval, a site plan uh was approved to construct a 300 suite hotel um but was never constructed. and in 1988 SA plan approval was received approving the existing four-story hotel building on the property. Uh today the applicant is requesting a site plan approval for a commercial industrial multif family development to authorize the conversion of the existing 183 room hotel into a 125 unit residential building which includes 10% of units classified as affordable housing and 5% of units classified as workforce housing. with the conversion of an existing amenities building into approximately 5,545 square feet of restaurant and outdoor dining space. Uh with the conversion of internal ground floor space to create three retail units totaling approximately 4,5001 ft. Uh the proposed changes and improvements to the existing hotel and building include converting 183 hotel rooms into the 125 residential units. Uh the project will enhance connectivity and accessibility by constructing an 8-ft shared use path linking the El Rio trail uh a new crosswalk on Northwest 53rd Street and a shuttle uh shelter at the main entrance on Northwest 7th a further improvements will include reconfigured ADA parking for improved accessibility, enhanced landscaping, bicycle parking, sidewalks, and a covered outdoor dining area along the property's frontage u adjacent to the El Rail Trail. Uh the reconfiguration will improve

transforming one hotel room into an efficiency unit, combining two rooms to create a one-bedroom unit, and combining three rooms to create two-bedroom units. Uh an existing area for the hotel's amenities will be renovated into the 5,545T restaurant, featuring outdoor seating within the building's interior courtyard, accessible through the main entrance and the El Rio Trail. Additionally, the plan includes three retail units totaling approximately 4,500 ft located along northwest 7th a with pedestrian access. Uh the residential application was presented at the community appearance board on December 2nd, 2025. Uh the CAB recommended approval as submitted and the applicant later added new decorative screens following a discussion with city staff which can be seen at the bottom left corner. Uh staff recommends approval of the application for the following reasons. Uh the application will provide an additional 125 rental dwelling units in the city with 13 being affordable housing units and seven being workforce housing units. Uh the applicant is converting an existing commercial use into a currently needed affordable housing option within the city. Uh the new restaurant and retail space will help activate a section of the El Rio trail providing a focal point along it. Uh the application is consistent and compatible with adjacent land uses and as designed it supports goals, objectives and policies in the comprehensive plan related to pedestrian, bicycle and transit mobility and the application complies with all applicable code requirements. Uh the development service departments recommends approval of the following subject to the conditions outlined in the accompanying resolution. The community appearance board has recommended approval of the application as submitted.

Uh thank you. Well, thank you. Questions for staff. Mr. Kameo, can we go back to that detail? I I didn't quite catch what that looks like. Is that Is that perforated metal or Um I believe it's it is perforated. Um but I believe it's just maybe the applicant will have more information. Yeah, they can have it. And that faces the inside, not the outside. Correct. Are they proposing anything for the outside? Uh, I do not believe so. Okay. Anything else? That's it, Mr. Morgan.

So, this is just uh an update to the interior structure of the building. No, no changes to the besides the the updates like you like you showed, but no expanding the building or anything like that. Nothing itself is changing to the structure. Is that correct? Correct. Just a conversion of the interior hotel rooms to residential units. Thank you, Mr. Mitchell. Uh, with a conversion, is it adequately parked? Uh, yes. Thank you. That's it. Mr. Dorlazer, no question. That was your question. Yeah, there's plenty of parking there. Yeah, Mr. Matthews. No questions. Robly, no questions.

No, I don't have any questions either. Just with that, I'll ask the petitioner to come up. Uh, good evening. David Millage, 14 Southeast Fourth Street, Boca Raton, here on behalf of the applicant. Thank you, Jacob, for filling in for Owen. Um, and I'm going to walk you through briefly on on what we're what's going on here. So, this is at 701 Northwest 53rd Street. It has a LAR zoning district. It has a PM land use and existing, it's around 83,000 square feet and 183 rooms. So, it's located here on the northwest quadrant of I95 in Yamato within the parks of Broken Sound. And what we're doing is we're requesting a site plan amendment that essentially does three things. We're converting the rooms to the apartments, we're converting the hotel amenity to the restaurant, and we're converting the ground floor area to retail bays. Uh this is a site plan. Um north is plan left. Uh right now this building has five different wings. However, it is one solid structure. Um there's two access points that are remaining the same. We are providing this great 8ft shared use path around the site that also connects with the El Rio Canal Trail. Um we're also providing a new bus shelter that's on Northwest 7th Avenue. And then what's shown in purple and I guess magenta, that's the the restaurant component. Um, with this we are excited because we really feel like this is going to activate the El Rio Canal. Um, with just this vibrancy, if you can imagine yourself riding your bike or walking down with your family, uh,

you're going to be able to stop, have coffee, eat a meal. And then with the new Tri Rail project, we really think this kind of corridor in this area is really going to have a lot of use. Um, as it relates to traffic, this is a reduction in traffic by 400 trips. Um, this is what's existing today. These are a couple aerials. Um, this is an older building since it was approved back in the 80s. Um, as you can see here, this is the kind of the the pool courtyard with the amenity on the south side. As discussed previously, there was discussions with city staff as it relates to the interior courtyard elevations. Uh, what we did was we provided these louvered panels that have a pop of color to add a little bit to the inside for the residents and those at the restaurant. Um, as a I'll just go back real quick as it relates to the the architecture. Our architect is here. He can answer any specific questions that the board might have, but this is not the most attractive building. And we've looked at preliminarily a couple ideas of of trim or or some recesses, but unfortunately with this building, I don't think that there's anything you can actually do to make it look good. Um but again our architect is here. He can walk you through everything. Um as it relates to conditions of approval, there is one condition 5K. I believe this is a typo. Uh the city's asking for $96,000 for city's beautifification program. This is located on a private road. And then just as examples, uh the bottom three items are other CIMD projects. Tri Rail had 340 units and their profer was $43,000 which is $127

per unit. Bokeh Center which had 295 units did 2500 and Office Depot at 500 units and did nothing. So even if we looked at the $127 per unit, it's 16,000. So I kind of think that the nine should be a one. So we're requesting that to be re revised to be in you know conformance with the other CIMD projects. Otherwise I can answer any questions the board have. Jacob Brandon do you have a comment on that? So um the first of all the the beautifification fee is not um based on number of units. It's based on um street frontage.

So we just received this information before the meeting. We haven't had a chance to review the calculation, but of course we will be happy to review the calculation prior to city council. Thank you. Okay. Any questions for the petitioner? Mr. Mitchell, um you mentioned the access um for bikers. Are you going to install bike racks on the outside near El Rios for people to not just throw their bikes on the ground as they get to enjoy the I believe we do show on our site plan a bike rack at that location but happy to do so if we don't show it. Thank you. Mhm. Okay. Stormbblazer.

Yes. So since the cost of probably acquisition of this and turning it into residential I would imagine is significantly lower than a brand new building. I know there's only a certain portion, I don't remember the percentages, uh, that are going to be affordable in workforce housing. What are the I do they have any idea what they're expecting the rents to actually be in comparison to others in the city? So, just to address that briefly, and our ownership is here, so they can possibly add a little color to this, but because of this building and its structure and open walkways to to the to the units, you know, you would think that the market would definitely demand lower rents than the new projects that are being built or about to be built because those are going to be nice, fancy, you know, shiny new uh rental units. So, you know, there is an anticipation that the rents here will truly be affordable, not only for the market rate units, but you know, more so for the affordable and workforce. Um, do we do we happen to know preliminary rents?

We were starting, please come up to the podium and state your name and address, please. Uh, Kurt Graham, um, 3850 Northwest Executive Center Drive. Um, no, we don't have locked in rent rates yet. I think once we get through approvals and we talk to our brokers, we'll push forward to to get a little better. We've done our performers on it. We're thinking 1,800 as the start for the efficiency and then up from there. Okay. Thank you. Okay, Mr. Chairman, I have a question.

The the restaurant that's being proposed, do you guys have a tenant um already lined up? So, as it relates to the restaurant, they are looking for a tenant. The ownership today actually operates other restaurants and their other facilities. So, they're somewhat the back stop if they need to be, but they are looking for a private independent restaurant tour to to take it. And so, I'm assuming you're prepared to subsidize a tenant if you were to go in. Yeah. And are you going to be doing exterior improvements to that area? Anticipating a the draw for the tenant.

Are you going to improve the area to provide the outdoor seating, umbrellas? Yeah, we'll certainly improve with the FFN and the furnishings. It was maybe four years ago. We did a full improvement to the interior components for uh the site plan for hardcape and softscapes. So, those look quite good in the area. Uh, and then post renovation, we would we would upgrade all of the FFN and some of the interior components of the restaurant. It's it's currently a functioning three meal restaurant with a full kitchen right now. Um, and then we would just enhance whatever the interior components are. I mean, I I visited the site today and it's it's pretty desolate back there. I mean, the kitchen itself in the in the actual restaurant. Yeah. It it is not uh it's not ideal.

Asked the young lady at the front desk uh what was the occupancy currently? And she said medium. I said, "Okay." Yeah. Hence why we're looking to to make this change. Yeah. And and and I agree. I think you need to target, you know, sort of a lower level uh demographic. What so improving it, you don't want to go too far, but at the same time it it needs a little TLC. It uh it's not looking its best.

Yeah. So So we are I mean it it takes time to do studies for architectural improvements. and we are committed to look at opportunities, see what it would make any difference. Um, obviously we can't commit to anything because we would have to study it and look at everything. But I I could say on the record that we will look at or they will study it and we'll look at opportunities to do something. And what is the connection between the commercial and the opportunity let's say for residential conversion? I'm asking staff that question. What is what is the link? What do they what do they need to do to merit the privilege of conversion of of the units to residential? What do they need to do in terms of their proximity to non-residential or non-residential on site? No,

I mean I'm assuming that there has to be a commercial component in order to allow for the conversion of hotel to residential, right? So for the CIMD projects in general, there has to be uh a minimum uh non-residential within uh half a mile or on site and of which um there's a minimum amount that has to be retail or restaurant. Um but their obligation is to just pull permits, create the space whether or not it's occupied.

Uh yes. So, it has to be permitted. It has to be built out. It has to be available on site. Um, we're not we don't force someone to rent, you know, to to get a tenant if they can't get a tenant. Like, we're not we're not uh going that far into the private transaction, but the space does have to be there, built out, and available. Yes. So, I mean, I I think we all want to meet, you know, see it succeed and it's going to be important that you guys um you know, are committed to making it succeed.

Yeah. Ownership is um right now this this has a lot of occupancy. Um they really want to do a good project here. they are actively looking for tenants. Um, and it it the especially the retail bays, they think it's going to be a good draw for the tenants that are actually staying there. Um, living there.

Yes. Living there. Um, like one thing that uh we were thinking about and you know, we got to look at the code to see if we could do it would be kind of like a laundry drop off. um because we think that would really be a good service not only for the people living there but also for the employees that work around Apoch. You know, they can come drop off laundry, get it washed, folded, and pick it up, be convenient. So, we're looking at strategic tenants that would really make sense here. That's all I have. Thank you, Mr. M. Matthews. Mr. Morble,

no questions. I I have a I have one comment I guess and I'm concerned because this is now a residential project about people sitting in the courtyard eating dinner at midnight and I'm wondering if we shouldn't put a time cap on serving outside. I don't know what what does the rest of the board think of that. You make a good point. Um I I don't know what the hours of operation for the restaurant would be. Um, I don't know if we have an objection per se to a time limitation, but I understand the concern. Um, I I'm sure I probably speak for the owner, but we can probably definitely cap it at

I was thinking 10:00. It's probably fine, right? Yeah, I would say that probably wouldn't wouldn't be an issue. If there's a bar component, we may may wanted to give the whoever's leasing the space from us, our operator, a little bit of flexibility there. But I think when we were talking on site about it, there was a a component of all right, we would we would shut the back gate onto the El Rio trail at a certain amount of time during off hours so that there's not that traffic and you have to have accessibility as only a resident at a certain point. So I think we we certainly think that makes sense. Okay. I was I was thinking 10 o'clock outside and what you do inside as long as it's not disturbing anybody. Any anybody have thoughts on that here?

I wouldn't necessarily put because it's a apartment building. If people complain, they're going to do it because people will leave. It's not a condo. It's they're rentals. If they make their tenants angry, tenants leave and the tenants are going to make them way more money than the one restaurant. So, I'm not necessarily because I I like flexibility myself if there if maybe people move here and they want the vibrancy and the loud noise. I wouldn't, but um I wouldn't put a cap. I mean, if you want to say midnight, I'd be okay with a midnight cap, but I think the market will dictate if they stay open and annoy their own tenants. Anybody else? I would I would agree. I think it's a it'll fix itself. Okay.

Yeah. Yeah. Yeah. I agree. I think it's going to evolve over time. So, I don't think it's gonna it's going to be something that's going to be absorbed immediately. I think it's going to take time. Worth discussing. Okay. Anybody else have a comment? No. With that? Okay. It's open the public hearing. Is anybody here from the public that wishes to speak on this item? Seeing none, I'll close the public hearing and look for a motion and a second to approve. So, motioned. Second. any discussion? I just think it's a great idea. Yeah. So,

I just hope it be is as affordable as they hope it is for everybody because there are younger people who actually, you know, need a place to live and uh $3,000 a month doesn't work. I don't know what the definition of affordable is anymore. Yeah. Okay. Any anything else? Okay. That Kathy, please call the RO. Mitchell, yes. KJO, yes. Matthews, yes. Morabi, yes. Morgan, yes. Seville, yes. Dormlazer, yes. Motion passes, seven votes to zero.

Okay. Next item is 1150 innovation center. Uh items 6B1 and 6B2 will be con conducted contemporaneously but voted on separately. Kathy, would you please read those items into the record? 1150 Innovation Center 1, a resolution of the city of Okaton considering for the approximately 11.68 68 acre property generally located at 1150 Northwest Broken Sound Parkway. An amendment to an approved site plan, planning and zoning board resolution number 20241 as amended by city council resolution number 142025, which includes an act of approval for a commercial industrial multif family development to authorize the construction of two twostory office light industrial buildings totaling approximately 71,624 square ft with related on-site and off-site improvements together with a technical deviation from section 23. 31 190D code of ordinances to reduce the required driveway reservoir distance along Northwest Broken Sound Boulevard from 50 ft to 38 ft, a reduction of 12 ft, and a variance from section 28 980F1 code of ordinances to reduce the minimum street yard setback along Northwest Broken Sound Boulevard from 100 ft to 70t 9 in. A reduction of 29 ft 3 in. providing for repealer providing an effective date. Two, a resolution of the city of Boca Raton considering for the approximately 11.68 acre property generally located at 1150 Northwest Broken Sound Parkway a conditional use approval pursuant to a commercial industrial multif family development to allow warehousing, showroom, and wholesale uses in the light industrial research park zoning district providing for repealer providing an effective date.

Thank you. Exparte Communications. Mr. Robble spoke with David Millig today. Okay. Matthew Mill. Mr. Dormazer. I spoke with David Millage. Mr. Mitchell. I spoke with council for the petitioner. Right. Would that be Mr. Millig? It would. Yes. Mr. Kameho. I spoke with David Millage as well and I visited the the site earlier today. Mr. Morgan? No. Okay. I I spoke with David Millage and visited the site as well. Okay. With that, I'll turn it over to uh Jacob German.

Uh again, good evening, chair and board members. Uh my name is Jacob German. Will be presenting the uh 1150 Innovation Center project. Uh the 1150 Innovation Center project is located at 1150 Northwest Broken Sound Parkway on an approximately 11.68 acre property at the southwest corner of Northwest Broken Sound Parkway and Northwest Broken Sound Boulevard. The property is owned by industrial research park or lurp and has a future land use designation of plan mobility or PM. Uh the property was originally approved for a three-story office building with an integrated parking structure. Uh the parking structure was enclosed a few years later which resulted in an increase to the square footage of the building. Uh in 2012, a site plan was approved to construct a chiller uh/d storage building. Uh most recently in January of 2024, a site plan was approved to construct a seven-story office building with a separate six-le parking structure. Uh the following year in February 2025, that site plan was amended for a commercial industrial multif family development, which included the construction of a 7-story 287 unit multif family residential building with 10% affordable housing and 5% workforce housing units uh with a 2,000 ft² retail component located on the ground floor. Uh today the applicant is requesting an amendment to an approved site plan which includes an active approval for a CIMD um to replace the previously approved office building with two two-story office/light industrial buildings totaling approximately 71,624 ft together with the technical deviation from section 23190D code of ordinances to reduce the required driveway reservoir distance along Northwest Broken Sound Boulevard from 50 ft to 38 ft. uh and a variance from section 288 or 980F1 code of ordinances to reduce the minimum street yard setback also along Northwest Broken Sound Boulevard from 100 ft to 70 ft 9 in um including a

conditional use application to allow warehousing showroom and wholesale wholesale uses in the lur zoning district. Um to clarify, this application will not amend the previously approved multif family residential building. Uh the overall site plan consists of the approved multif family residential building to the west and the proposed office light industrial buildings to the east. Uh the site provides vehicular access along both northwest Broken Sound Parkway to the north and northwest Broken Sound Boulevard to the east. The driveway connection along Northwest Broken Sound Parkway will not be modified with this application. However, the driveway connection along Northwest Brokentown Boulevard will be upgraded from a one rightin out driveway connection to a full access driveway connection and a previously approved right in right out driveway connection for a service for service use only will be removed with this application. Um, a new left turn lane has been provided along northwest Broken Sound Boulevard that will improve site access directly to the office um light industrial buildings. Um, this application will include the previously approved 8 foot wide uh concrete shared east path uh and street trees in addition to four additional live oaks that will be installed along northwest Brooklyn Boulevard. Uh during the development review process, staff discussed with the applicants several concerns about the project which included potential tenants of the office light industrial buildings, compatibility of the office/light industrial buildings and the multif family residential building, uh prioritizing the pedestrian experience within the property, and concerns regarding the proposed conditional use for warehouse, showroom, and wholesale use. The office light industrial buildings and multif family residential building are in close proximity and share vehicular and pedestrian circulation elements on the same property. Uh the office/light industrial buildings include loading bays, a motor court, and similar elements that lend itself to an industrial character that is less than ideal on the same site as a residential use. The vehicular circulation includes

large wide driveways uh surrounding surface parking lot and a motor court which are conflicting with pedestrian circulation. Uh the main north south driveway bisects the property in half creating um a distinct boundary between the two uses. Now although though there are two internal pedestrian crossings along the main driveway, the vehicular uh circulation took priority over the uh pedestrian circulation and internal crossings within the property. Staff requested that the applicant shift the light the um light industrial buildings to be closer to Northwest Broken Sound Boulevard to the east, which provides approximately 142 separate feet of separation between the uses for the southern uh building and approximately 162 ft of separation for the uses for the northern building. Uh this allowed the applicant to provide additional landscaping and screening between the two uses on the property. Uh the lake has also been reconfigured to eliminate a portion that uh previously extended towards the center of the property resulting in a more oval-like appearance. Uh the applicant has maintained the 8-ft shared use path with street trees along the property frontage and designed a continuous pedestrian loop around the lake that connects directly to this path um which creates pedestrian access along all uh lake frontages. Additional landscaping and screening between the south side of the southern sidewalk and the surface parking lot has been provided to help minimize the visual impact of the surface parking lot. Uh latoral plantings have also been provided along the lake edge and enlarged planter islands uh have been provided within the surface parking lot which are designed to accommodate larger gumbo limbo trees uh to further improve the pedestrian experience by offering shade and visual relief along the side of the lake. Uh these designs decisions have led the applicant to reducing the car- ccentric nature of the project and create a more walkable pedestrian oriented environment by providing landscaping and buffering to screen the buildings and adjacent surface parking areas from internal sidewalks and public's rightways uh while enhancing connectivity through a continuous

pedestrian loop around the lake and connections between the buildings. Uh, pursuant to section 2816442B code of ordinances, the application is required to provide 10% of the total square footage of the CIND up to 25,000 square ft of non-residential units of non-residential uses uh, which includes office, restaurant, and or retail sales or services. The office uh/light industrial buildings will provide a total of 23,000 square feet of designated office space in addition to the 2,000 square ft of retail sales component that's located on the ground level of the approved multif family residential building for a total of 25,000 ft². Uh the design of the office uh/light industrial buildings include two uh separate distinct buildings that are parallel to each other uh with a motor court and loading bays between them. Each building will consist of 10 units for a total of 20 units total. Uh each unit includes access to the motor court which includes separate employee parking spaces and an at grade raid bay door into each end user's unit. There are four corner units and 16 interior units. The interior units are approximately 3,57 ft and the corner units are approximately 3,878 ft. Each tenant will include 1,150 ft of office with 550 ft allocated on the ground floor and 600 ft allocated on the second level. Uh the remainder of each tenant unit is designed to service the enduser specific needs. However, pursuant to section 28 978B, uh, in no event shall the amount of warehousing, showroom, and/or wholesale space exceed 50% of the total square footage of each tenant unit. And these units uses must be in conjunction with a permitted use as opposed to a conditional use. Uh this would limit the interior tenant units to uh 1,753

12 ft and the corner units to 1,939 ft of space that could be designated as either warehousing, showroom or wholesale space. The back of house is designed and functions specifically for each end user's needs. This may lead to enforcement issues where uses are not operating as applied for. Um the applicant provided floor plan exhibits to illustrate how spaces could be designed and functioned based on different uses which included a contractor company, software engineers, research and development company and an electrician which are not explicitly allowed by code. Uh specifically uses similar to an electrician such as other trades are not not allowed in LAR um in the LER zoning district unless they meet a square footage requirement and have no outdoor storage of which no tenant would have enough square footage for. um nor have outdoor um storage. Uh to alleviate such concerns with end users applying for and receiving a certificate of use or a business tax receipt, the accompanying uh conditional use resolution includes a condition of approval that requires end users to apply and receive a zoning confirmation letter prior to a certificate of use or uh business tax receipt to confirm their business is permitted. Additionally, the conditional use resolution includes a restriction on the use of box trucks or other similar vehicles performing daily operations for the tenants of the office uh flashlight industrial buildings to ensure that the project more closely resembles a traditional office building and minimizes the appearance of a warehouse or distribution center. Uh the office and light industrial buildings um both of them are identical. The images above reflect the elevations for the northern office um building. This is the northern and western elevation that would face the multif family residential building and towards northwest broken parkway. Uh the interior of the office uh or the exterior of the office/light industrial buildings uh feature a contemporary facade to greet visitors and users and provide a more formal entryway to each

tenant unit. Um the design of these buildings is more akin to a traditional office building due to the amount of glazing that's provided on the building's facade. Um and here are the southern and eastern elevations. Um the garages would face the motorc court and the um eastern elevation would face towards the uh towards northwest Broken Sound Boulevard. Now this application also includes a variance from section 28980F1 to reduce the minimum streetard setback requirement along Northwest Broken Sound Boulevard from 100 ft to 70 ft 9 in. Uh during the development review process, staff requested that the applicant shift these buildings to closer to Northwest Broken Sound Boulevard um east of the multif family residential building which provides um approximately 142 ft of separation for the southern building between the multif family building and 162 ft of separation between the northern building and the multif family residential building. As a result of shifting the these buildings um the building encroached within the required streetyard setback um which required a variance to reduce it. This reallocates a portion of the required landscaping buffer from between the office and light industrial buildings and northwest broken sound boulevard to be between the um multif family residential building and the office uh light industrial buildings. Um this application also includes a technical deviation uh from section 23190D to reduce the required driveway reservoir distance along northwest Broken Sound Boulevard from 50 ft to 38 ft. Um, as a result of the variance request, the technical deviation was required uh in order to bring those uh buildings closer to the street. The applicant's traffic study demonstrated that uh the demand of the proposed project will result in less traffic on the property. Uh there's also an additional 15 ft of space between the property line and the vehicular travel lanes along Northwest Brokentown Boulevard. And due to these considerations, staff supports the

requested technical deviation request for a reduction in driveway reservoir distance. Um here's a rendering from the lake that shows the portion of the office and um light industrial buildings that will face towards northwest Broken Sound Parkway. And then here is a rendering uh showing a bird's eye view of the overall project incorporating the office light industrial buildings in the site with the multif family residential building to the west and the lake to the north. Um staff recommends approval of the application for the following reasons. It's consistent and compatible with the adjacent land uses designed to support goals, objectives, and policies in the comp plan related to pedestrian, bicycle, and transit mobility. The application will reduce the building intensity and the amount of traffic on the property. It provides large landscaping barriers to screen and reduce visual impact of these buildings. Um, it will not amend the previously approved multif family residential building and development uh standards and conditions to this building, including housing affordability as those will continue to apply. And the application complies with all applicable code requirements except for the East Street yard uh setback and driveway reservoir distance along Northwest Brokentown Boulevard. Um, as of today, uh, no comments have been received from the public regarding this application, and the project was heard at the community appearance board on January 6, uh, 2026. It was formally recommended approval with conditions in a vote of 6 to zero. The recommended conditions included providing access, uh, to the roof internally and increasing the oak trees uh, diameter at breast height from 4 in to 6 in at the time of installation. Uh these changes weren't reflected in the drawings. So as such they were included in the accompanying site plan resolution and uh for conditions of approval to reflect uh the board's recommendations. Um and the development service department recommends approval of the uh commercial industrial multif family development with conditions. Thank you.

Thank you. Questions for staff. Mr. Robble. Not at the moment. Mr. Matthews,

I understand there's uh been a request to increase the landscaping, the size of the trees. Is there any opportunity to to discuss that with staff so that they don't have to do what's uh being proposed at this time? Because I understand from talking with the applicant that it's going to be very difficult to make that happen. and it's uh they're they're offering to do uh extensive landscaping and there's already extensive landscaping on in and around the property. So, I just wanted to know if staff would be willing to discuss further the need for increasing those trees.

So, uh we just received this request today. We became aware of it. So, my suggestion would be we let the applicant tell us why and then we can discuss it from there. Okay, great. Thank you. Uh, no questions right now. Okay, Mr. Mitchell, could you go back a couple slides? I want to see the one where the lake and the pedestrians walking. One more. So, is there going to be no buffer between the lake, then the walkway, then the parking lot of the commercial building? So, if you're a tenant in the residential, you want to walk around the lake, you're going to be walking next to a parking lot. Is that correct?

Um, no. So, this rendering may not have been updated or it was um adjusted so that way you could see the building from that view. There is going to be uh large landscape screening from the sidewalk to the building. Now, you may be able to see it as you're walking, but there going to be a significant landscape and barrier and then the larger landscape islands will um allow them to install larger gumbo limbo trees. Um and the sidewalk has been shifted um further north to accommodate for all that landscaping changes. Thank you. Yeah, it looked a little bit discombobulating if it was like that. Thank you. Mr. And the the trees along that that water,

what will be the spacing between those gumball limo trees? There's like 35 or um they are located within the planter islands. There is about nine parking spaces between each one of them. So about what 80 to 90 feet between each parking island. There's no room to put them at more more shorter intervals, let's say, along the water. Um that's I mean I just think I think it looks odd to

because I think what what is being created is what you fear is that there is no real treelined um you know area between the parking lot and the water. There appears to be just low shrubbery and and a tree every 70 ft or so. That's a that's a pretty significant amount of space. So, let's try to improve that. Uh, I think it would be a better outcome. Um, can we go back to the box truck or just truck issue for a second?

Because honestly, these days I I in my mind a box truck is like an Amazon truck. And I I think the Amazon truck is probably going to be visiting the site equally as often as a box truck is likely to to be utilized by a tenant in the industrial space. What is the and and if they do have a commercial box truck, I'm assuming that they will be required to park it inside the overhead door space. Correct. And I'm going to look at Mr. Butters over there to make sure that that's the case because you don't want a bunch of box trucks or or commercial trucks parked, you know, overnight and create that kind of feeling. If if you park it inside in the enclosed space, great. Um, and I also want to avoid, you know, potential tenants finding themselves in a tail chase trying to figure out whether their operation is going to be approved or denied by staff. So, I I I think we should all have a clear understanding of of what those parameters are.

Yeah. So, you've hit on a lot of the the issues that came up during our review. So, the the buildings are designed to to look like they might allow things that are not allowed in the zoning district. And that has been, as Mr. German alluded to in his presentation, a significant concern that we've had all the way through the review process. And we've

told the applicant that many times. Um, the box truck issue, uh, we certainly are are flexible on the language and the parameters. The concern is less with Amazon trucks and mail trucks and FedEx trucks and those kind of things. It's more the concern with the tenants uh operations and turning this into a warehouse or distribution type of operation that it looks like it's designed that it might accommodate that we absolutely cannot allow. So that that is what the condition is aimed at and we're flexible on the language to get to that. Um, end goal.

I'm I'm more concerned about 18 wheelers coming into the site. I don't know if that is even something that the applicant is looking for. Hopefully not because 18 wheelers are cumbersome at at best. But a a box truck like the size of an Amazon truck, I you know, uh, as long as they park it in an enclosed space overnight, um, I I think that would be okay. Anyway, that that's my opinion. Um U and also are the tenants in the residential going to sign an acknowledgement of you know the neighborhood that they're uh living in. Uh the fact that there is this activity next door that they may not uh you know be happy with all the time. Well, again, you know, the compatibility between the residential and the and the and the um the non-residential aspect of this property is again been a significant concern. So, this was a a a close call and recommendation to be frank with you. Um but the fact that it's one property under one owner and that's sort of an internal matter was a big factor in why we didn't land on the denial recommendation. Um but the phasing of this project is such that either it's going to be built all at once or the non-residential is built first. So, you know, um tenants of the of the residential should be going in with eyes wide open as to what they're going to be um living next to. And and also we we probably should have brought up the same issue with the prior uh application with the restaurant and the and the commercial activity that is is likely to at times be incompatible with the quiet enjoyment of your residential space.

That's why I brought up the time issue. Right. Right. That that's all I have. Thank you, Morgan. Um yeah so just to better understand that you're saying that in this area like warehousing is is not allowed correct that's why we're making the box truck rule etc is that correct so the the lur zoning district is what you know I would colloquially describe as a office and light very clean light industrial type of zoning district very limited warehousing is allowed as a conditional use but it's not intended to be a warehouse district or for warehouse to be the primary use on any property.

Okay. So, the large rollup doors and things like that, is that not indicative of of like a a warehouse feeling? Like if if you don't giant rollup doors, aren't those usually used for warehousing? You you hit on exactly what our concern has been. Okay. Thank you, Mr. Matthews.

Um, yes, Brandon. Can can you um c I mean this could be uh akin to a a vault type property where um you know people are putting exotic cars in the warehouse. Is that going to be allowed storing because I think it would be very acceptable. I think it it would be a very desirable tenant and I think there would be a number of tenants that would be interested in in using it as a vault type property. Um let me look at that and get back with you. I'm going to look while while this proceeds and let me answer the question in a moment.

Anyone else? Jake, one uh one question. So most of the variance in and technical deviation issues was suggested by staff. Yes, correct. That was a result of moving it closer to the street and creating a little bit more separation between the buildings on site. Okay. Thank you. With that, I'll open the public hearing and ask the petitioner to come up.

Good evening again. Uh David Millage for the record, 14 Southeast Street. Um, happy to probably gonna hit a lot of the questions that were brought up by by the board. Um, and if I forget something, just ask me again. Happy to answer. So, there's a lot going on with this request. I guess there's four requests. There's a site plan. Um, we're reducing the intensity by 70 thou 90,000 square feet. Um, so it's definitely a huge reduction in intensity. the conditional use um that staff has brought up. You know, we argued about whether or not it is warehouse um because if you have space, tenant space, and you have space used for storage for your own business, you know, is that really warehousing or is it just storage? Because we all have office buildings or or have office units right now and we might have a storage closet. is that warehouse. So, in the abundance of caution, we submitted the conditional use application for warehousing. Um, we're also requesting a variance. I'm going to get to that in a little bit. And then as well as the technical deviation, it's located in the parks of Broken Sound. It's about 12 acres in LARP. Currently has a CIMD overlay and has a PM uh future land use. There is a approximately 65,000 square foot office building and accessory building there today. It will be demolished as part of um the initial, you know, construction of the of the property. Um this is where it's located. It's right next to the old course golf course. Um this is just a rendered landscape plan. Um really doing a lot for this this property. And there was some

questions about um really the lake. So, originally we had the sidewalk closer to the surface parking area based off of staff's suggestion and we were able to find more more land area. We actually shifted it more to the north. So, this isn't your tiny little 3ft landscape buffer next to the surface parking area. It's substantially more. I don't know the width off the top of my head, but I want to say it's eight feet. Um, so an 8 foot buffer next to and then there's these tree islands that are, you know, not your typical 9 foot wide tree islands. These are actually doubled. So I think they're about 16 or 17 foot landscape islands right there. And that allows us to put these larger gumbo limos. Um, I believe they're uh sized at six inches. So, we actually upsized those trees a lot just to really provide uh something nice there. We also provided this loop around the lake. Um, again, it's for the purposes of connectivity not only for the residents but also the office tenants. They can, you know, leave their unit or leave their office space, be able to walk around the lake. We really think it's going to be great. And our landscape architect's here, she can walk you through everything, but we've done a lot of landscape. We have multiple tiers of trees that it's just not 30 foot on center. They're staggered. There's a lot of material to provide um not only the softening between the two uses, but also, you know, around the perimeter. Um there's two buildings or approximately 60 uh sorry 36,000 square

feet each. Um this was the the last approved plan is a lot more intense. There was not great connectivity. There was no loop around the lake. It had its own parking structure. There was three driveways instead of two that we're proposing. So, we really think this is a great um amendment that we're suggesting um as it relates to the modifications. So, we have the the two new buildings. There is a motor court per se, but we added tree islands within the motorc court. Like, you don't usually see tree islands that are going to block any type of vehicles getting into their bays. I mean, we really we we we listened to staff. We understood their concerns as it related to compatibility. We we did a lot with this project. Um we we have the lake as I mentioned with our new loop around it. Uh we do have this new left turn in off of Broken Sound Boulevard, you know, discussions with staff. Our based off a traffic perspective, it's not needed. Um but right now it's it's being proposed and then as I mentioned circulation there's we we've definitely improved based off of the last plan uh for circulation around and connecting um all the adjacent roadways. So as as Mr. German had had mentioned we there is a variance request. It reduces the side step back from 100 ft to 70 ft. I am of the opinion that the variance is not needed based off of the CIMD ordinance side setbacks or 15 feet for CIMD buildings. They did not say residential buildings. They said CIMD buildings and then a CIMD building is a

building that is necessary for the purposes of the CIMD. And but for these two office buildings, there could be no residential building. So therefore, it really is a CIMD essential building and it's my opinion that it's not necessary. But again, an abundance of caution and working with staff, we are requesting the variance. We think it's a great idea that staff provided because it does create this spatial relief between the office buildings and the residential. It provides more area for landscape. Um, again, as it relates to the 70 foot setback, there's still another 15 foot to the travel lanes. I mean, a 100 foot setback is a lot to begin with. So, we don't think it's going to have any negative effects. Staff put in a condition as it relates to this area of the landscape buffer to include, I think it was 4 foot hedges. So, we're willing to revise to include that. We already have multiple tiers of landscape around um the project. So we even with the reduced setback, we think it's going to be great. Technical deviation is in the same vein. The building shifted to the east. It shortened the the reservoir distance. Um it's really a low volume driveway anyway. So there we we're not we're sure that there's not going to be an issue as it relates to stacking. Um, you know, Broken Sound Parkway and Broken Sound Boulevard aren't, you know, high volume roadways. So, this is the southwest elevation. Um, this is a little different from staff. Um we did revise it based off additional landscaping and then the recommendations from CIA cab as it related to um the internal access of the fire escape and

the downspouts as well as we um I I believe there is a recommendation to slightly change the color. So this is not gray, it's more of a beigy taupe type color. Um so here is the revised um rendering for that north elevation. Staff had a originally had a concern that this sidewalk edge the edge of the lake was going to be too engineered look. That was the term that they used. So what we did was we actually added all these latoral plantings around this portion of the lake to give it a softer feel. There is multiple tiers of uh shrubs, ground cover, palms, the gumbos, and then I'm not sure of those other trees in between the palms, but again, Carol Perez is going to come up to here at one point and talk you through a couple things. Um, we do want to go through the conditions of approval. Um, we object to the box truck condition for multiple reasons. Um, we're concerned about the enforcement of it. It, you know, what's interesting is that in a normal residential HOA, there's legislation that allows commercial vehicles to be parked at your house. Um, so it's interesting that for a light industrial project, we're going to be pre prevented for having a commercial vehicle on private property. So, we're we're we are requesting for the the box truck um condition to be eliminated. We are willing to modify it to to restrict semi-truckss because although we do have a truck routing plan in our set that

shows that a I think it's like a 54 foot semi could make it all around the site. We don't anticipating having any of those type of vehicles to really visit the site. So, we're willing to say that no semis would be allowed. I think this is just kind of a nomenclature condition that needs to be revised. Typically, whenever there's a condition relating to revocable license, it's really whenever a developer is adding improvements onto city- owned property or a rightaway. Um, this is all private property. even the roadways or private property. I know where this where the city was getting with this. It was really cross access um between the residential and the commercial uh properties or components. From my understanding, there is an underlying um restrictive covenant that already addresses cross access between the two uses. Um, I think that staff and staff and myself can probably work out better language that would address their concerns there. This condition 4F I think it's a it's a remnant from the prior approval whenever there is two parking structures. There is one relating to the residential building, one relating to the office building. It doesn't make any practical sense for the parking structure relating to the residential building to have to get submitted to P before the office building can go. So, I think that should be modified or eliminated because it's probably no longer applicable based off of only one parking structure on the site. And then last but not least, it's the CAB recommendation to increase the oaks, which is there's 66 of them from 4

in to 6 in. They based this decision not based off of any criteria or any code provision. It was because of one landscape architect on the board that wanted a bigger number. And that was his only justification throughout the entire hearing. I want to see a bigger number. what can you do? So during the meeting, we provided a concession to upsize the gumball limbos, which we showed on our plans. We went ahead and made the affirmative decision to show that on the plans, but with this condition of approval, now we're getting penalized twice. Not only have we already committed to the upsize, now we have to do it for 66 more oaks. Carol Perez is here. She can she can jump up if she needs to or you can ask her. But as it relates to 6-in live oak trees, it's not a standard size tree within the nursery industry. So, what would happen is we're likely looking at 7 8 in field grown field grown trees instead of container oak trees. So, it's not a 50% increase that we're going to have to do. It's probably going to be a 100% increase from what we already provided. We've already had the mitigation for this site approved and we're decreasing intensity, but somehow we feel like we're getting penalized even more. Um, and I think that's probably it. So, I'm sure I missed some of your questions that you've asked staff. Um, and if you can remember them, I'm happy to answer them.

Questions for the petitioner, Mr. Mora? So I understand um the 11.68 acres are under u one owner but are they is it multiple parcels or is it one parcel that constitutes the entire uh 11.68? So since the original approval the two components have been sold to two separate entities. So, it's one zoning lot for the purposes of the site plan, but there's two uh fee ownerships. And is the residential uh separate and apart from the um light industrial or

Yeah. So, the the residential developer is here. They've worked with us. They they consent to what we're doing here. Um you know again staff and they they mentioned it that they had a lot of concerns as it related to the compatibility between our proposal and say your typical you know mixeduse development. I mean I will like to remind everybody that this is in a CIMD which means commercial industrial mixed use and this is a light industrial use. So, I don't know how it's incompatible with the name of the district that it's in. Um, we we did listen to the recommendations as it related to compatibility. We did a lot and I think it's a good improvements that we did based off staff's uh suggestions, but again, as as for the residential developer, um, they do like our plan. They've worked with us. They're here in support. Um, and they can come up and speak if you want to talk to them. And is the the residential um portion is that going to be just rented units or is or are they for sale?

It it's rental. It's going to be a rental product. And um since it's two separate parcels, I would ad envision that there's probably some sort of document of record that'd be recorded setting forth um some of these restrictions that we're talking about that would be enforceable. Yes. Yes. From my understanding, there is a recorded REA for the site that addresses maintenance, drainage, utilities, cross access, things of those nature. Thank you, Mr. Matthews. Son, please.

Yeah, the more I look at this, the more I do start to have some apprehension about the the light industrial part of it. Um, now regards uh to your restriction on box trucks, you're looking to strike that in its entirety. Um, I do kind of agree with staff that if box trucks are allowed, um, you know, it's definitely going to give a, uh, impression that this is, um, not really an office space and more of a true industrial space. Um, having been a contractor using those type of spaces for the last 26 years, um, I can see it going in that direction. Uh, would you be open to a size limitation on on a on a box truck? Limit it down to say like a 12oot box truck or something? And I mean, I'm seeing a box truck as like an Isuzu with the two guys sitting up front and the big box on the back of it.

Hi. Uh, Malcolm Butters, Butters Construction Development, 190 Northwest Corporate Boulevard, Bocratone. Um, some of you may know me. You know, we we do a lot in the city. We've done the ice rink. We're doing the indoor pickle ball. We also did the last real industrial project two years ago behind the Embassy Suites for the Mccrainy company. We build more industrial than any other company in Palm Beach County for sure. Um, so when I hear the constant concern about industrial, this is not an industrial building. I know it has it's more of a in our industry it's considered a flex building. We've already committed to 33% office buildings. Industrial buildings do not have 33% office buildings. If you look at the what we call the you call the motor court, the truck court that is not designed for semi-trailers and all of these rollup doors are grade level doors. So this is compatible. Yeah. Might a semi-trail come here and move equipment once in a while? Of course, you're going to get a moving truck moving residents in to the apartments also constantly, probably more than we get semi-trailers. So, what we're going to have in the back is going to be pickup trucks or what we call box trucks or what Mr. Kameo calls Amazon trucks, but it's not designed for loading. These are all small bay 2, 30,000 foot units. So, this is not an Amazon distribution facility. This is geared for the small user. Uh the city of Boca Raton at one time back in the 80s and 90s had probably the largest industrial base in all of Palm Beach County. And because of various circumstances in the Yato Scrub, they sold all that land in a bond issue. And as Mr. Kameo knows because we were

around and probably Mr. Seville knows, um we lost that in and I'm a resident here. We lost that entire industrial base. So now there's not been one small bay industrial deal built in the city for over 25 to 30 years. And like I said, the last one we did was behind the MCU Suite and that's probably the last one. So when you look, we're we're dealing with um a product that is most definitely needed in the city. And again, it's not an industrial building. It's a flex building. And right across the street about 25 30 years ago, maybe 25, we built the same product with the Milhouse Brothers. And I went there before to see the current rent roll. Uh this is 6100 um park of broke sorry 6100 Broken Sound. So it's literally 500 yards is probably a driver and in my case probably a seven iron away. But um the rent roll on this street to give you an idea just as on the same street as us uh Blue Frontier which is a a clean tech HVAC HVAC system. They make HVAC systems. Uh ADMA Biotech which is a company you're going to see here in the next 30 days that we're expanding a biotech facility that they own on um Park of Commerce Boulevard. So it's a biotech company. Infinity Architects. This will serve architects. Uh, Guardian Pharmacy, which is a medical management, I guess, online pharmacy. Something like that would come into our project. Uh, the building next door, 1001, Broken Sound. Smart Tech is there. That's a software and hardware company that manufactures voting machines. Um, QEP manufactures flooring tools and

accessories. Um so you could see this is the type of product this is an LRP district light industrial research production. We are constructing a light industrial research product grade level. It's not dock high. It's not for distribution. It's only 24T clear. We're doing buildings in the park of commerce um right now that are 36 and 40 foot clear. Those are distribution facilities up in northern Palm Beach County or the one we're doing on Boon and the Turnpike. So, this is a very compatible project to the residential our partners and we're a small part of it, but the Ram organizations here, they can address the concerns. Uh we have a tremendous amount of landscaping and we've done several um real industrial buildings next to, you know, apartments. One is in in Deerfield Beach, the Hillsboro Park of Commerce, Hillsboro Technology Park, which is a million square ft next to a residential community. The residential community came out to support our resoning 12 years ago in Deerfield because they liked it so much. And over the last 12 years, it's one of the been one of the best examples of a a great amenity for this city. So we think Bokeh is going to really benefit by this and we think it's a desperately needed project and you know right now residents have to leave the city of Bokeh if they want to have you know a light industrial manufacturing facility and go to Delray or Pompo or Deerfield and this is going to keep residents here given an ability to to work live and play in the city. So I'm happy to answer any questions. Yeah,

back to the questions. Well, I guess you know to file it to keep my question going. I I definitely understand your point. This isn't a needed use in the city. I mean, I started my construction company. I worked for construction companies right on the other side of the road from here off Roger Circle. So, in these same type of buildings, they I agree they're flex space. But the question is, we going to end up with a bunch of contractors in there with 12 vehicle with 12 electrical vehicles off doing electrical service and two or three box trucks, you know, out doing that kind that type of use in there.

Well, they would have to get an occupational license to get that. So, you know, like we we agree to a condition that, you know, we will put in leases or whatever we agree to that um we're not asking for any change in the use until LARP. So we're going to comply with every use in LRP and we think we're going to get companies like Blue Frontier or ADMA or Affinity, you know, those type of uses. So to create this mythical fear that we're going to get inundated with a lot of non-conforming uses, I don't think is fair.

Okay, Mr. Would you be willing to limit the number of deliveries or trucks per day from one particular unit? Cuz obviously you may have 10 units that are great and then you have the one outlier that just ruins it for everybody.

I don't I again I don't see it because of the nature of this, right? And again, we're not it's all it's 20 individual bays. We're pre-building all that office space up front because we have to meet the third the 25,000 ft of commercial. So again, again, we're not going to land up with a distribution coming. It would be impossible to enforce and you're going to have like, you know, delivery cop there every day. It's not going to happen with the city. It's not going to happen with us. So, and nobody else, and in all fairness to us, the buildings that are across the street from us have have loading doors. They have dock doors. The 6100 Broken Sound that I told you has Blue Frontier and ADMA that we built, you know, 25 years ago. They have dock doors and grade level doors and a much bigger shipping area. They don't have any of these restrictions and it's never been a problem in the city.

If I may unless there's another question, Mr. Rich, I I I agree with Mr. Butters. Um, you know, I I think there's a market for this type of use. I think the the best testimonial is the fact that the residential developer is here and hasn't really said a word negatively about wanting to build this residential development right next door. So, uh you know, the most impacted party is sitting here in the audience and they appear to want to be here and are supporting this relationship. So,

hand raised. I I don't see any anyone else in the area that would be more impacted than the adjacent neighbor. So, I I I tend to agree. I I I I think we're kind of um you know, fearful of the unknown. And that's okay, but I I don't think we should hold back. And none of the other know none of our other neighbors came out, you know, Nation Safe Drivers, which is actually a client of ours across the street, you know, or Thompson, which is across the street, you know, I I don't think anyone has any concerns that, you know, this use has been in the park. These type of uses have been in the park for its existence. So, to me, it's

I think it's going to do really well. And the the project looks better than any other building, a commercial building probably on the street. If if I may, maybe through an administrative approval, Brandon, or something, but the idea that there are many residents in Boca Raton that would love to store their cars and and that sort of thing. And if and if we can figure out a way to allow that to occur as well, why not? I I think that's a you know a a a high-end demographic that is just looking for space to store their toys and I don't have any objection to that.

But that's not our primary Yeah. That's not even our primary market. George, you know, we're you know this there could be a guy that wants to rent and they have an art collection or maybe a car thing or whatever. But we're thinking about the businesses in Boca Raton that right now have to leave the city because for the past 25 years, no smaller flex space has been built. So they're going to Delray. We just finished a project, some of you might know, in 441 and Atlantic Boulevard in in West Delray. It's full. It's the same basic product as this. You know, you might land up with um you know, uh there's an adult daycare center across the street in LAP. You might land up with another child care center. I there's a lot of things that we're not thinking of that are going to be able to accommodate that don't fit into, you know, an apartment project or a public's shopping center or an office building that just need flex space, right? You can't manufacture voting machines in a public's shopping center or in an office building. You need flex space.

Okay, Mr. Morgan. Um, just a quick question. Firstly, just uh Mr. Shad, again, as of as it currently stands in the code in an LP, is warehousing allowed or not? Yes, as a conditional use and with a limited square footage, but it's it's um it must be accessory to another use. Cannot be the main use accessory to the office use.

Yes. If I can follow up on that, I'm sorry to interrupt, but so each tenant if they want to have warehouse, they need to have 51% of the floor dedicated to office and 49% or manufacturing or right some other permitted use. Some other permitted use. Yes. I mean so I mean so floor area is not the only determining factor of whether it's the main use or not but it but it is a big factor, right? Yes. So the short answer is yes.

Uh no that's okay. Also a question for the chair that uh there was some requests to strike um some of those conditional conditions. Uh how does that work? Do we have to vote on those or is that automatic that if we're voting on this? Yes. That we're automatically agreeing to that? Let me talk about that. The items to strike. Would it be make more sense to vote on this issue subject to those items being negotiated with staff before city council?

Well, like the board can make whatever recommendation it wants, right? So, if if you're inclined to recommend approval with X, Y, and Z changes, you could do that. Or you could say recommend approval, but add a you know, the applicant and staff should work together on these issues. I mean, however the board wants to phrase it, you you can I mean, I'll subject to whatever Chris might tell you, but um some of these items going to need to be talked about for more than a few minutes, right? I agree. Okay. If if I may, Mr. Chair, I would motion to accept the applicant's um request to change the caliber of the trees from 6 in to 4 in. I I think that's unreasonable. That's

that is consistent with code at 4 in. I I don't see why we need to Yeah, I agree with that. Also, barter on something like that. I do have a question on the trees. We just didn't get to it yet. How tall will the 4-in caliber trees be? I think they're required to be 10 feet overall, aren't they, Brandon? I thought they would be 16. Yeah, that's I'm thinking they're probably AGT land. So, the the oak trees that we have right now are 4 inch DBH and 16 foot height. Yeah. Right. That's a good I think the height's more important than the caliber of the tree. Yeah. And that's u a 4-in tree is is double what is required by code. C code is 2 in DBH.

Thank you. Okay. Any other questions for the petitioner? Okay. So, I'll look for a motion and a second on this for discussion. We have to open it up. Do we have to open it up for just public comment? Yeah. Does anybody from the public want to speak on this item? Okay. Seeing none, we're good. I knew there weren't. Nobody was here. Yeah, I'll I'll make a motion to uh to approve so we can get to discussion. Do I have a second? So seconded. Okay. All right. So the trees, I would agree that we should go back to 4in trees. I agree as well. I agree.

Okay. So we can do a subject to that. What else is open that we want to deal with tonight? I would um vote. Mr. Chairman, I think the only other issue we had disagreement with was on the box truck. Like I think the other recommendations of staff we were okay with, right, David? I think well, I mean, we thought the parking structure didn't make sense to review it beforehand, you know. Yeah. So, so let me let me address that really quick. So the the parking structure I agree it's it's language is sort of left over from the prior approval and and you know we would not have implemented in the way they fear but we're happy to okay

to adjust the language. I get that. Um the other one was the walkway around the lake. I think we can figure that one out as well between now and city council. Okay. On the on the truck issue. So So I want to make a few clarifications. I think it'll be helpful if I do that first. That's the on the box trucks. I'm thinking that we should move it to have you and and the petitioner, you know, work it out before council. Well, that's that's the board's prerogative. Let me make some clarifications if that's okay before that discussion. Okay. So, there was a kind of a discussion about storage versus warehouse. What what's the difference between storing something and having a warehouse?

And and the answer is it's the distribution aspect. If the purpose of the operation is to store it for the purpose of distributing it and bringing vehicles in to load them up and take them somewhere else, that's a warehouse. To store it for your own use internally is not a warehouse. That's the difference. Um to the vehicle storage uh question, there is actually a specific permitted use in this zoning district called specialty storage that includes the storage of vehicles. Now that use does have some restrictions with it um which is one a limit of a half a million square feet in the entire zoning district for that use and two that it has to be at least 1500 ft from any other specialty storage use. To my knowledge and I'm pretty confident of this there's never been an approval for this particular use. So it's wide open and there wouldn't be a problem.

But I just want to give that background.

Okay. um talk about the box trucks a little bit. I do think it's important that you know I I totally get that trucks coming in making deliveries that that's a normal part of residential. It's a normal part of you know commercial office flex uses. I totally get that. I think that um we do have given the design of this property, we do have significant concerns of this creeping over to something that's not supposed to be on the site. And I think that limiting box trucks or those types of vehicles for the tenants daily operations is important. I just want to make that point before you proceed the discussion.

Okay. So, back to the box trucks. What do we do? You have a suggestion, Mr. I mean, I would say my thoughts are limit the size of them. I mean, you can get up to a 30ft box truck. I mean, does the code allow the box to stay on site overnight? The code does not see that. I'm sorry. In this case, if it fits inside, it could stay overnight. It is the plan to have these box trucks, if they're going to be on site overnight to

I I don't think they will, George. I mean, I I don't think anywhere in the city I I'm not sure what Brandon said. Is there a restriction if they park a car outside?

The the code does not speak to that issue. So, all we're again, all we're asking is what code. We're not asking for any deviation. And for us to be an LP and to be the only LP light industrial project that has these restrictions make no sense. The projects that I listed three across the street. There's three of them. They all have rollup doors. They have no restrictions. I don't think they have a lot of deliveries either because of the nature of the zoning. So, it's just not fair for us to get penalized and to again, if you if you tell me like each unit owner can't have more than 10 deliveries, of course, I'll agree to that. But if you tell me they only could have one delivery a day, I mean, how do I even enforce that? It's impossible,

you know. But I I believe this site is so secluded. Again, the only impact is is going to be to the adjacent residential development. I don't think anybody driving by is going to notice honestly even if an 18-wheeler was parked on site. No. Uh you won't see it. There's not, you know, there's not even enough room. Oh, here. Let's finish one thing at a time. Yeah. I I don't I don't fear the the box truck. Uh you know, I I I think it's going to be a market

driven thing. No pun intended. Um, and if one particular business owner needs it, I I don't want to be the only city around that prohibits box trucks in an industrial area. I think that's so I I agree with you in terms of I don't have an issue with the box truck. I'd probably have a lot less heartburn about it if it weren't for the residential aspect of it. But now I understand the residential portion isn't complaining about it. They have no issue with it. And Mr. Butters has pointed out there are tons of others right around there that have it, but nobody else has a residential uh component on their same property.

Okay. So, if this entire thing were light it were the light industrial would just kind of use I would say I would much happier see this whole thing that light industrial move the they move the buildings around to create a bigger landscape buffer between this and the residential. I would feel totally differently about it if if these were going to be condo units because you would have condo owners. Oh yes, you most definitely would. Irritated uh for sure.

So let me let me bring up one other point and and then Michael Trimble from Ram who's a you know very known longtime developer here in Palm Beach County. So between Butters and Ram, we probably have at least 70 years of development experience and we're part owner of the apartments with with Ram. a smaller portion than RAP, but we do owners. And um between both projects, we're committing $150 million to this this site. If you think between 70 years of development experience and $150 million, we're skeptical that this is going to not lease. I think you guys are wrong. I think you got to trust us that if we're betting $150 million, we think both projects are going to work. I'll add Michael up.

Okay. I actually wasn't sworn in earlier. If you can please state your name and address for the record. Michael Trimble, 4801 PJ Boulevard. We're up in Palm Beach Garden. Sadly, not local. Do you swear or affirm that the testimony you will give this evening will be truthful and accurate? I do. Thank you.

I just want to note, you know, we do have an REA that we have to finalize. We've been waiting for an approved site plan to attach as an exhibit. So, it's not signed and recorded uh quite yet. But I mean that REA that governs our uses and allows the prevention of Noxic uses, you know, this is an institutionalized apartment complex. The investment between the two of us, the one correction I'll note from Malcolm is well north of 150 million. You know, we we are investing about 150 million just in our apartment side. It's a significant investment for us. And if you think we're not going to police any uses or not protect ourselves from those if they do, you know, become a problem later, we will. you know, we're going to be much better at it than anywhere else in Bokeh. And given the size of the apartment, it's always going to be an institutional owner that's always going to do any of that policing, you know, that other, you know, that I think you guys are trying to get to. What I'm trying to say is that we will self police this project very strongly. We have those rights between us. I think it's better left to a private agreement to enforce that.

Mr. Chairman, I just have I appreciate that. Yeah. Uh, one other thing I do want to note is we keep picturing the I think we get hung up on the word industrial. We had the same heartburn originally too. When you picture that, you start pitching industrial building. This really is not that. I mean, this is like building apartments next to the Barrel of Monks building. I think it's a very attractive use. I don't know if breweries allowed use. I hope it is. I hope someone tries to end up leasing in here for our apartments. But, I mean, when you picture that, it's the same type of building and that actually has some true loading docks behind it. and it's a very different picture mentally of you know what it's like to live next door to it. Thank you

Mr. Chairman. Uh so I just have one point is that u you know to bring up to the group is that uh if if we' potentially vote yes on 6B2 uh which is allowing um for the for the warehouse. Um so technically speaking once we say yes to that it's any sort of warehouse. So at that point right the the whole thing can be used as a warehouse. So just the the the truck issue it it it's I I assume that the reason we're trying to restrict the trucks is so that way the if we if we're agreeing to allow the warehouse that the whole thing just doesn't turn into a warehouse. Am I correct in that? Am I missing something?

I don't think so. So, the warehouse use is a conditional use and it's only allowable up to 50% of the occupied space. So, each individual unit would only be allowed up to 50% of their square footage to be dedicated towards warehouse, showroom or wholesale uses. So, not the not essentially the entire thing. And now there are 20 individual units. So um you know depending on the end user for each individual space um they might not need warehousing or some may need 50% of their space to be warehouse.

Understood. Um, and just one more point. Um, and maybe this is more for the for the applicant that when when you look at the layout of the property, right? So, obviously I'm assuming that some of the concern here is about that from the residential aspect and I certainly understand the point that was just made about the the the residential owners self-p policing and things like that. And I'm not, you know, disagreeing with any of that. Um but from the concern of that uh uh you don't want the residents to feel like this, you know, they're traversing this this commercial area back and forth when they come in and out, right? Obviously, there's there's an entrance from here and there's an entrance from here. Is there any thought is it even legal possibly to separate those two that this becomes a residentonly entrance and this is commercial only? So that commercial just circulates within the commercial area itself and residential just comes in and out and the two things almost don't have to bother each other.

Just to go back to one issue that you're talking about is I will like to note that these units cannot be combined. So we there there shouldn't be a fear that someone like an Amazon or other last mile distribution facility is going to come in and take over these units because again these units cannot be combined. Um as it relates to traffic circulation it's going to be hard that something like that even if we put it into leases it would be hard to enforce saying hey you guys can't do that. We can obviously encourage it. Um, but it that it's somewhat the nature of a mixeduse project. Okay. I'm not I'm not suggesting to have it in the leases to be enforced. I'm suggesting as like part of is is it not is it not something that can be put into the actual design of the property itself where it sort of like separates the two or

Yeah. So the the biggest problem with trying to do that is fire access of wanting two points of ingress and egress to the site

and obviously there's not really a way to do that without doing shared access. So what we focus on is trying to encourage you know thoughtful circulation through the built environment and so what that means is if you notice the location of the garage for the resident entry that is very heavily oriented to the northern access points. Uh and then other things with the fact that you know that's a beautiful kind of residential feeling entry with the landscape median in between and heavy landscaping on both sides as opposed to entering in the truck court in the other side. It's also the most convenient to get in and out from the garage as a resident. Uh we're al that's also where we're going to have our building signage up there with the commercial signage on the east to just try to orient people rather than you know shared that this is really oriented towards commercial. The northern is oriented towards residential. Other facts like keeping it a basic pavement entry on the east, but dressing up the northern one with pavers and other decorative elements really signal to both the residents that this is your residential side and signal to the commercial users that you know this area is not really for you. So the way the traffic naturally flows helps circulate that and then every every message that the built environment is going to be sending you unconsciously is going to help differentiate the uses. But we need to keep both access points for fire

and people take the path of least resistance. Yeah. And for the commercial that issue I'm sorry for the commercial that is going east um you know right out right out of that and for the residential where the garage is located that is going north. Okay. Thank you. Anything else anyone? Okay. So, where we're at now is we got a motion on a second and we're conditioning it that the trees be 4 in instead of 6 in where it applies. Correct. Correct. Yeah. And what else do we need to put in here?

I vote to remove the truck and leave it up to the discretion of the residential owner. Uh, forgive me for getting your name. Could you confirm that the restrictions that are going to be recorded permit you or any future owner to I don't want to say punish that's the wrong word but regulate the movement of trucks should it impugn or impair your residences. Yes. Thank you. I second that motion. Okay. So that's Chris. Do we need to add that as a condition or we can just

Yeah, it's a condition amendment to the motion we had. Well, I was going to ask so the the motion on the table was to approve accepting the developers uh request regarding the trees. So if you're the maker of the motion wants to So I will amend my motion to include the um to include accepting removal of the box truck condition. Correct. Let's take a poll on the on the box trucks. The what? Let's pull the box trucks. We've got two people, three people. If the maker amends the motion, you don't have to. Y I'm I'm amending the motion to say I'm okay with removing the uh truck truck restriction. The truck restriction. Okay. And um what was modifying trees and trucks? The trees. The trees we took. And we had we had another one that

the if I may, the two remaining issues are the the walkway and the parking structure. It sounds like staff is willing to accept the parking structure. And I would suggest on the walkway issue if you approve it as is, we can work it out with the applicant between now and then. So we'll leave that one up to staff and the applicant. Does the second concur? Second concurge. Okay, then any other discussion? Not Kathy, please call the role. Okay, this is on 6B1. Kamehjo, yes. Matthews, yes. Morabi, yes. Morgan, yes. Seville, yes. Dorblazer, yes.

Mitchell, yes. Motion passes seven votes to zero. And I would just clarify for the record as well that all those conditions are on the site plan resolution except the box truck condition actually appears on both. So, just for the record, did you want to say something? Just as it relates to what Chris said is that whenever you vote for the conditional use approval, which will be next, um it's just you'll need to make sure in your motion that you're deleting the box truck from that specific specific one. Okay. Okay. Does it need to be in both?

Uh they serve slightly different purposes. One has to do with the actual restriction and one is requiring it to be in leases, I believe. So, yes. All right. Then we need a motion and a second for 6B2 the conditional use. I'll make a motion that uh to approve with the removing that restriction. So seconded. Okay. Any other discussion? Seeing none, Kathy, please call the role on 6B2. Matthews, yes. Morabi, yes. Morgan, yes. Sibel, yes. Dorblazer, yes. Mitchell, yes. Kho, yes. Motion passes. Seven votes to zero. Thank you, gentlemen.

Thank you, Mr. Butter. Is always good to see you. Congratulations on your re reelection, Arie. Oh, thank you. See? Okay. Okay. The last item on the agenda is the trust bridge lease for Hospice by the Sea. Kathy, would you please read that into the record? And that is a regular public hearing.

Trust Trustbridge Lease Hospice by the Sea. An ordinance of the city of Bocraton authorizing an amendment to an existing lease of approximately plus minus 5.12 acres of city-owned land generally located at 1531 West Palmetto Park Road to extend the expiration date of the lease from June 12th, 2034 to June 20th, 2044 to allow for the continued operation of hospice facility and to updated other lease terms including a required capital improvement investment by the lease. providing for severability, providing for repealer, providing an effective date. Thank you. Oh, excuse me. Um, microphone.

Who? Microphone. Yeah, your microphone should be on. And sorry about that. So, who the city is not making a a presentation or how is this work? Ann is a staff member. Okay. Oh, it's the city. Okay.

Good evening, chair and board members. I am Anne Hathaway, the property specialist of development services. Item before you tonight is a lease amendment for the city-owned property located at 1531 West Palmetto Park Road. Trust Bridge Incorporated is requesting an amendment to the existing lease for the 5.12 acre city-owned property to continue operating as a hospice facility. They are also requesting to extend their current lease for an additional 10 years with the opportunity to extend it an additional four 10-year renewal periods with the requirement to invest 1 million the facility over the next four years. The property is located north of West Palmetto Park Road and east of the on-ramp for northbound I95. Directly north of the property is another city-owned property which is leased out to May Foland Senior Center. The 1531 property was originally deed from the Florida Department of Transportation to the city of Bokeh in 1984. The deed conveyance specifically called out that it be used for the establishment of a hospice, parks and recreation or other related purpose. On June 12th, 1984, the city council approved ordinance number 3324, which granted a 50-year lease to the Hospice by the Sea. Trustbridge Incorporated now is the successor to Hospice by the Sea. Trustbridge Incorporated wishes to extend its lease beyond its current expiration date of June 12th, 2034 to leverage its existing and anticipated new investments for mutual benefit. As part of TrustBridge Incorporated's commitment in enhancing the facility, the company has made a substantial investment of $13 million in updating the facility. From 2020 to this year,

the upgrades include a full kitchen renovation, new carpeting, air conditioning upgrade, exterior painting of the facility, new entrance sign, and new and new awnings. This ordinance, which authorizes the city manager to execute the first amendment lease agreement with Trustbridge Incorporated, would extend the lease until June 12th, 2044. Thereby, it would it requires the lei to provide reasonable documentation showing they have invested 1 million in capital improvements on the property between June 12, 2024 and June 11th, 2044 before the city may approve any additional extensions. As part of the lease extension requirements, the lei must provide documentation showing that at least $1 million has been invested into the property no less than 100 days prior to the new expiration date, which is June 12th, 2044. The lease will expire on June 12th, 2044 and no new rule no renewal rights will be granted if the leie fails to comply with the investment threshold of $1 million or to submit the necessary documentation providing such. After receiving the lease's compliance documentation, a written decision will be provided no later than 60 days by the city manager or their design. Under the city code of ordinances, sale shall mean the conveyance of title of property or the creation of a leasehold interest of 5 years or longer in duration. Sale of city property must meet certain requirements such as referral to planning and zoning board prior to sale, authorization by council to list property for sale. Since TrustBridge

Incorporated is a Florida notfor-profit corporation, providing a service which related to health, morale's protection and welfare of the community. The lease is excluded from provisions of the code of ordinance which requires that any sale, lease or conveyance of publicly owned land be done at fair market value and therefore an appraisal is not required. The application complies with the requirements for the sale of city-owned property in chapter 13 article 3 code of ordinances which includes a leaseold interest of 5 years or longer. A recommendation from planning and zoning to is required to move forward to city council for approval at their April 28th, 2026 agenda. Is there any questions?

Questions, Mr. Morgan. So it it's required that this property has to stay as either a hospice or a park. Is that correct? Correct. So, by extending the lease with the hospice, it's complying with what the restrictive, I guess, covenant is on this property. Correct. That was like the original deed from F DOT. Okay. And, uh, if they fail to comply with the million-doll upgrade, is that just that they won't get a lease renewal or is there other penalties? They won't get the lease renewal.

Okay. Thank you, Mr. Can. I I have no questions, but I I'd like to thank the gentlemen, assuming that they are the the last remaining uh participants in the meeting for doing what they do in the community. So, the the applicant is here and the applicant attorney is here. So, if you have any questions for the applicant, they are here to answer any questions. I did have one question. The renewals, it mentioned four renewals. So, it goes 10 years to 44 and then four renewals to 84. Are those four renewals at the discretion of the tenant, the city, or both have to approve? Both. Okay. So, it's not an automatic. We're just doing that in case there's a correct particular statute or

So, the first one is 10 years. They have to go ahead and meet that that $1 million threshold. If they don't meet it, we still have that 10 years. Thank you. Okay. Mr. Miser, Mr. roughly the $1 million is a onetime obligation um for the the initial renewal. Correct. Correct. The 10 the 10 years and the tenant is otherwise responsible for all maintenance responsibilities and replacements and and upkeep of the building, the foundation and everything else. Okay.

Okay. I have one comment in the in the terms we we saw that were for this lease. I think the liability insurance amount is way too low. Um It's a million,2 million dollars in today's world is peanuts. We'll bring that up to the appropriate staff and and and review it. I'm sorry. We'll bring that up to the appropriate staff and we'll need to deal with that tonight. Okay. No, I think it's great having the hospice here, but cover everybody if there was more insurance. Okay. Any other questions or comments?

Yes, sir. My only comment is we've been providing this palative care service and grief counseling here at this campus since 1984. We are totally committed to continue this community service which has probably touched many people sitting here now. And it's a very meaningful service that the community benefits from. And we are thrilled to continue this relationship. we will more than blow away the $1 million uh commitment because we if if you want to come take a look at our facility, we keep it up to superb standards and it is a a beautiful and peaceful place for providing the services that we provide the residents of Boca Raton at no charge. So we thank we thank you for tonight and we will continue to do our job.

Okay. Thank you for operating a great facility. Thank you, sir. Yeah. Excuse me. Name and address. Can you give us your name and address? Oh, of course. My name is Steve Mat. I'm with Mat Whittleles. I'm really proud to say that we've been the attorneys for hospice for more than 30 years now. Okay. What's your address, sir? Uh we're at 5606 PGA Boulevard up in Palm Beach Gardens. We operate throughout the state for hospice. Thank you. Yes. Okay, this a public hearing. Is there anybody else wanting to speak? Seeing that the room is virtually empty, there is none. I'll close the public hearing. Look for a motion and a second. So motioned. Approval. Second.

Okay. Any discussion? I just want to echo Mr. Cameo's thanks for providing that service to the community. Okay. Thank you. Kathy, please call the role. Morabi, yes. Morgan, yes. Sevel, yes. Dorblazer, yes. Mitchell, yes. Kho, yes. Matthews, yes. Motion passes, seven votes to zero. Thank you for your great work. Thank you, sir. Okay. Okay. We We don't have a director's report tonight, do we? Uh, we do actually. We do. Um, it isn't on the agenda. My mistake.

We'll we'll let you have one, though. Um, a meeting or two ago, I mentioned to you the a vacancy for a planning and zoning board member on the uh, affordable housing advisory committee. Um, Mr. Morgan already occupies a seat as a resident, but we need a seat um, specifically for a planning and zoning board member, which is a separate seat. Um the the best way to go about this is if you can all reach a consensus on which one of you would like to fulfill that role and then we can take it from there. Um this is not a huge commitment. There are uh four meetings scheduled the affordable housing advisory committee u between August and November. Um and those are during the day at city hall. Um, and it's a it's an important board and uh we would, you know, if you guys can reach consensus tonight, that's the best way to go about it. So, if I can help, let me know.

Okay. Anybody volunteering tonight? I, you know, if nobody else wants to do it, I'll I'll I'm happy to do it as well. Um, but have at have at it. Unless someone else wants it, I'll volunteer. Okay. Mr. Mitchell has volunteered. Thank you. Thank you. I have no further report. Thank you, Mr. Mitchell. Okay. Uh with that we it's 803 we are journed.