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CRA Agenda Backup 20017 Members Four 4-year Terms One 3-year Term One 2-year Term One l-year Term LAST NAI~IE FTRST EXPIRES ADDRESS PROFESSIONAL NAI~IE , ASSOCIATZON Aguila 3ose 6/20/04 800 SW :[st CT Robert G. Currie & Assoc., :Inc. Boynton Beach 33426 134 NE Ist AVE 4 yr. term (56:[) 737-8894 Delray Beach, FL 33444 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave- Ste. B-102 2 yr. term (56:[) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23RD CRANBROOK Edward 3ones & Company DR 901 N Congress Avenue, Ste B- 1 yr. term BOYNTON BEACH 33436 101 (561) 737-0793 Boynton Beach, FL 33426 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 4 yr. term (561) 375-8807 Boynton Beach, FL 33435 Chair (561) 736-9790 Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 Vice Chair (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 3 yr. term (561) 736-8668 100 NWIst Avenue Delray Beach, FL 33444 (561) 243-7040 Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 4 yr. term 7646 Boca Raton, FL 33496 (561) 965-6776 (561) 241-2200 09/20/200t 1:08 PM Notice is hereby given that the Community Redevelopment Agency Board of the City Of Boynton Beach, will conduct a Special meeting, on Friday~ September 2z~ 200:t at 5:00 p.m. in the West Wing Conference Room C, 100 East Boynton Beach Boulevard, to obtain Board approval for the property acquisition of 907 N. Federal Hwy, and to receive input from affected parties and the general public. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. City Of Boynton Beach Community Redevelopment Agency (56:[) 742-6372 AnY person who decides to appeal anY decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. TO: From: Date: RE: CRA Board Members Quintus Greene, CRA Director November 21,2000 Staff Recommendations for CRA Board Membership Last year, the City Commission took the first steps toward the creation of an independent Community Redevelopment Agency by deciding to expand the CRA Board to seven members through the addition of two civilian members. At that time the desirable professional qualifications for persons considered for possible membership on an expanded CRA Board were identified. In addition to the basic qualifications mandated by state statute, these included experience in real estate, architecture, banking, development finance or engineering. Prior to the selection of the two additional persons for the board, the staff recommended that consideration also be given to other, less tangible qualifications, such as personal integrity, vision and a demonstrated commitment to the City of Boynton Beach. Specifically, it was felt that the persons selected for the CRA Board should be the kind of individuals who would see the CRA as a civic duty and public trust, rather than merely an opportunity to enhance their personal business or political interests. In addition, staff felt that it was particularly important that these individuals should be able to "think outside of the box," be open to new ideas and have a broad vision of a city full of possibilities. Staff also recommended that those appointed to the CRA board should be enthusiastic advocates for Boynton Beach as demons[rated by past or current participation on boards and commissions or by leadership roles in community activities. Following a public announcement, a total of 14 individuals submitted applications for the two available positions. Each of these 14 individuals were interviewed, and asked a series of five standard questions. Based on the quality of the responses to these questions, as well as the extent to which the respective candidates met the pre- established criteria, staff recommended five individuals for further consideration by the Commission. Following deliberations by the Commission, two of these five were selected and appointed to the CRA Board, effective June 30, 2000. Staff was subsequently directed to move forward with the next ste/pp in developing a completely independent CRA Board by the end of the calendar year 2000. Accordingly, staff followed the same process, using the same criteria that was used to identify and select the two currently serving civilian members, to identify five (5) new members for the CRA Board. In addition to a public notice soliciting new applicants, those individuals from the first round of interviews, who were not initially selected, were contacted to determine their continued interest. The resulting pool, including two new candidates from the second round of interviews, totaled 13 individuals. Copies of all resumes and interview responses are attached. CRA Board Recommendations Page 2 Again, based on the quality of responses during interviews as well as the extent to which the respective candidates met the established criteria, staff recommends the following five (5) indiViduals for membership on the CRA Board of Directors. 1. Larry Finkelstein Real estate and investment professional with considerable knowledge and experience with development financing. Familiarity with tax increment finance districts and a broad vision for the future of the Downtown area. Jeanne Heavilin Real estate and mortgage broker with a background in banking. Resides in the CRA district and is an actiVe and enthusiastic advocate for the city. Henderson Tillman /~ Political science and economics instructor. Former Commissioner with an understanding of the CRA, a record of community service, and an appreciation for the city's potential. Don Fenton ~'"/~" Stockbroker and former manager at E.F. Hutton and Shearson/Lehman. Considerable financial experience includes knowledge of bond market. Michelle Hoyland ~' City Planner, Delray Beach. Former grants coordinator, Village of Tequestsa Other applicants meriting consideration include: Richard Brochu- Real estate broker and commercial property manager Anne Centi- Retired brokerage management professional Juanita Summers - 28 years of experience in real estate and property management Muir C. (Mike) Ferguson Former consultant engaged in consumer market research and site analysis. CRA Recommendations Page 3 Edward Tedtmann - Background in planning as well as commercial and industrial real estate Joseph Delaney- Retired Army Major and former chief of real property acquisition in New England. James Miriana - Retired aluminum and glass contractor Edward T. Currier- Certified hospital equipment repairman. Former salesman for Sears Roebuck & Co. Attachment The : ..o._.- Bo_r,_.I )n Beach OFFICE OF THE CITY MANAGER I O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 City Manager's Office: 561) 742-6010 FAX: (561) 742-6011 e-mail: aty. man. ageri~ci, boyntorioeach.fl, us www. a. boyntor~beach.fl, us To.' Brian Ballard and Joe McCann, Smith Ballard & Logan, P.A. From Kurt Bressner, City Manager Date: April 19, 2001 Subject: Redevelopment Tools - HB 1649 Review Thanks for sending me a copy of liB 1649 to review. The legislation might serve as a vehicle for necessary changes to the current procedures for acquisition of condominium property for redevelopment. The City of Boynton Beach is interested in seeing changes in the current practice of having to negotiate successfully with 100% of the individual unit owners when a Community Redevelopment Agency (CRA) deems it appropriate to purchase a condo building' for a redevelopment project. We have a number of older units along the Intracoastal in our CRA area that xs approaching functional obsolescence. These are condos that were constructed in the 1960's or 1970's that are small and lack the amenities that newer owners may wish to have in the units or complex. As a consequence the units go on the market in an estate sale by the heirs of the owner and the units are sold, at a steadily lower cost or at a cost that does not match the increase in surrounding newer developments. Our proposal is to allow a CRA the authority to acquire property located in the CRA held as a condominium for a redevelopment project based on the following basic criteria: Offers to purchase units will be based on the current market value as determined by two certified appraisals (MAI certified or equal). The cost of the appraisals shall be borne by the CRA. Upon notification by the CRA of a redevelopment proposal, the condominium association shall cooperate with the CRA's appraisers to obtain access to units for the purpose of performing the appraisal. In cases where internal access to a unit is not possible due to the absence of the unit owner, the appraisal shall be based on comparative values of similar units. statement of just compensation based on the average of the two appraisals may be provided to the property owner of the unit or authorized agent. The statement ofiust, compensation shall also include an allowance of $8,500 to defray moving costs of the unit owner. The owner may elect to accept or reject the offer based on the average value of the two appraisals. The owner shall have 90 days to make a decision as to whether to accept or reject the offer to purchase the condominium unit. The owner declining the offer of the CRA must have a third appraisal performed by an appraiser who is MAI certified or equal. The cost of this appraisal shall be split be~reen the CRA and the owner. If the value of the appraisal is higher than the average of the two appraisals, the CRA may elect to purchase the unit based on this value. The CRA must conclude their decision to purchase a condominiu- mit within 90 days of presenting the at~,~ aisal value to the owner and the CRA. The purchase of common facilities such as clubhouses, pools etc. shall be based on the average of two certified appraisals (MAI certified or equal). The cost of the appraisals shall be borne by the CRA. A "statement of just compensation" based on the average of the two appraisals shall be provided to the condominium association or authorized agent. This shall constitute an offer to purchase the common facilities. The condominium association or authorized agent declining the offer of the CRA must have a third appraisal performed by an appraiser who is MAI certified or equal. The cost of this appraisal shall be split between the CRA and the owner. If the value of the appraisal is higher than the average of the two appraisals, the CRA may elect to purchase the common facility based on this value. The CRA must conclude their decision to purchase common facilities within 90 days of presenting the appraisal value to the association and the CRA. The value from the sale of the commons area shall be distributed to the unit owners based on the dissolution language in the bylaws of the condominium association. Absent specific guidelines, the sale proceeds shall be held in escrow and distributed to unit owners on the basis of one share of the proceeds paid per unit. Distribution of the sale proceeds for the commons area facilities shall occur within 90 days following the sale of the final condominium unit. Hopd this helps. Note: This is being sent by fax and by e-mail to Joe McCann atjmccann~sbllaw, com In the event that it is not received via e-mail a duplicate copy can be sent to you from Joyce Costello in the City Manager's Office. I will be out of town until next Tuesday but can be reached at 561-436-2328. Cc~ James Cherof Wilfred Hawkins Dale Sugerman, America's Gateway to the Gulfstream DEPARTIviENT OF DEVELOPMENT Building · Planning & Zoning · Neighborhood Services · Occupational Licenses · Communi~y Redevelopment Larry Finkelstein - Chair (4 yr. Term) Home: 1014 Asbury Way Boynton Beach, FL 33426 (561) 375-8807 Office: Lamar Realty & Financial Group 114 N. Federal Hwy, Ste 202 Boynton Beach, FL 33435 (561) 736-9790 Term expires - 1/10/2005 CRA Board Member Listino Jeanne Home: Office: Heavilin - Vice Chair (4 yr. Term) P.O. Box 3693, (734 NE 9th Ave.) Boynton Beach, FL 33424 (561) 731-4474 Sailfish Realty 532 E. Ocean Ave. Boynton Beach, FL 33435 (561) 738-6613 Term expires - 1/10/2005 Office: Henderson Tillman (4 yr. term) Home: 54 Bentwater Cir. Boynton Beach, FL 33426-7646 (561) 965-6776 Spanish River High School 5100 Jog Rd. Boca Raton, FL 33496 (561) 241-2200 Term expires - 1/10/2005 Jose Aguila (4 yr term) Home: 800 SW 1st Ct. Boynton Beach, FL 33426 (561) 737-8894 Robert G. Curde & Assoc. Inc. 134 NE 1st Ave Delray Beach, FL 33444 (561) 276-4951 Term expires - 6/20/2004 Office: Michelle Hoyland (3 yr. term) Home: 926 Sunset Road ,.,Office Boynton Beach, FL 33435 (561) 736-8668 : City of Delray Beach Planning and Zoning Department 100 NW 1st Ave. Delray Beach, FL 33444 (561) 243-7040 Term expires - 1/10/2004 Alexander DeMarco (2 yr term) 10817 Quail Covey Rd Boynton Beach, FL 33463 (561) 732-6789 Office: Arvida Realty 901 N. ;Congress Ave., Ste B-102 Boynton Beach, FL 33426 (561) 736-2400 ext 107 Term expires - 6/20/2002 Office: Don Fenton (1 yr. term) Home: 2556 SW 23rd Cranbrook Dr. Boynton Beach, FL 33436 (561) 737-0793 Edward Jones & Company 901 N. Congress Ave, Ste B 101 Boynton Beach, FL 33426 (561)737-1442 Term expires - 1/10/2002 City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-03t0 Phone: (561) 742-6350 · www. ci.boynton-beach.fl.us DEVELOPMENT SERVICES DEPARTMEr~r PLANNING AND ZONING DIVISION MEMORANDUM #01-064 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: April 4, 2001 File No: ZNCV 01-005 - Lot frontage, lot area, rear setback Location: Lots 15 & 16, block 1, Happy Home Heights Owner: Willie Ward Project: Building a single-family home on parcel zoned R-2. Variance Request: Request for three (3) variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single- family home on a substandard lot zoned R-2: 1) to allow an 8.87-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 16.13-foot rear setback; 2) to allow a 4.25-foot reduction from the minimum of sixty (60) foot frontage required by code to allow a 55.75-foot frontage; and 3) to allow a 704 square feet reduction from the minimum 6,000 square foot lot area required by code to allow development of a 5,296 square foot lot. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-2, single and two- family residential district (see Exhibit "A"- location map). The Happy Home Heights subdivision was platted in 1924 with typical lot frontages being 40 feet, and typical lot areas.at 4,000 square feet; non-conforming by today's zoning standards (see Exhibit "B" - section of Happy Home Heights Plat). The parcels on the sides of the subject property are both developed. Robert Dwelle of Boynton Beach Faith Based Community Development Corporation (CDC) is requesting the above-referenced variances. The CDC is proposing to assemble three (3) parcels to create two (2) equally sized parcels with the purpose of constructing two (2) single- family homes as part of their affordable homes program (see Exhibit "C" - survey). The three (3) parcels have a combined frontage of 111.5 feet, and a total area of 10,592 square feet. The parcel as a whole does comply with the current site development regulations for the R-2 zoning district, if the intention was to build a duplex. By creating two (2) equal smaller parcels, with the intention of building two (2) single-family dwelling units, the resulting lots become non-conforming for single-family homes per R-2 zoning regulations. Page 2 CDC variances File No. ZNCV 01-005 The requirements to build a single-family dwelling unit within the R-2 zoning district, compared to the subject lots are as follow: -required lot frontage: 60 feet -required lot area: 6,000 square feet -required bUilding rear setback: 25 feet -proposed lot frontage: 55.75 feet -proposed lot area: 5,296 square feet -proposed building rear setback: 16.13 feet The construction of a single-family home with the above referenced characteristics requires the three (3) variances as described herein. Staff surveyed the area and it was observed that the majority of dwelling units in the neighborhood are detached single-family homes, built on substandard lots, and with some of them having either front or rear setback deficiencies. City records show that a total of fifteen (15) properties within the Happy Home Heights subdivision have been the subjects of variance approv, als since 1963. A breakdown of a portion of these approvals is as follows: ten (10) for rear setbacks, six (6) for total lot area, and seven (7) for lot frontage. There are of course other adjacent units that were constructed prior to modern site regulations and are therefore legal non-conforming. ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or bUilding involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That fiteral interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure, That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the pubfic welfare. Page 3 CDC variances File No. ZNCV 01-005 Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D". In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including the Plat of Happy Home Heights with typical lot widths of forty (40) feet, and typical lot sizes of 4,000 square feet. Staff verified on site that the substandard conditions still exist. Consequently, a large number of those parcels have been developed for single-family homes. Staff concurs with the applicant that the proposed homes will be consistent with the surrounding community, therefore, satisfying criteria "d" above. Staff also concurs with the applicant that the denial of the variances would leave the undesirable options of constructing a duplex or a large single family home (or a typical single family home on an oversized lot). Although the duplex would contribute to the affordable housing options for the area, it would not meet the goals of the CDC and city's housing initiative which emphasizes home ownership. With respect to the second option, the construction of a single-family home on an oversized lot would not represent an affordable option due to anticipated value and product costs. Therefore, it is the opinion of staff that the subject request meets criteria "e" above, in that they represent the minimum variances necessary to make possible the reasonable use of land. Lastly, staff believes that granting the variances will not be injurious to the area nor detrimental to the public welfare. On the contrary, staff concurs with the applicant that the proposed buildings will be in harmony with characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein a hardship condition exists. Futhermore, staff concludes that the approval of the requested variances will the affordable housing goals, and will increase the values of the community while decreasing slum and blight conditions in the neighborhood and beautifying the general neighborhood streetscape. Furthermore, staff feels that the applicant has proved conclusively the existence of hardship. Based on the previous analysis, staff recommends that the requested variances be approved, thereby granting relief from the City code to allow: 1 ) an 8.87-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 16.13-foot rear yard setback; 2) a 4.25-foot reduction from the minimum of sixty (60) foot frontage required by code to allow a 55.75-foot frontage; and 3) a 704 square feet reduction from the 6,000 square feet lot area required by code to allow a 5,296 square feet lot area, be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E". MR/dim $:\Planning\$HARED\WP\PROdECTS\Lots 15 & 16, Block 1, Happy Home Heights, Lot Frontage, Lot Area, and Rear Setback\STAFF REPORT-lot frontage, lot area, rear setback.doc LOCATION MAP CDC Properties EXHIBIT "A" '0 . 1/8 MILES 'o 400 '800 F~'ET 0 x IS. pu'g .3N -- N O-- .d ~'/8'~ i 9 .OOD ZOlqE "C", DIv~vPJ~TITY PA1NEL O. 120196-0004-C EXHIBIT "C" it I HEF ' '" DIRE "' ' "' ' APP; ~ STAI', ~' FLOF DATE PROF TION: UNLE SHO'v WITH AND I LB EXHIBIT "D" A, The Boynton Beach Faith Based Comnmnity Development Corporation (CDC) is proposing the construction of two single-family homes on a parcel of land located in the Martin Luther King Blvd North Neighborhood as defined in the City of Boynton Beach's Vision 20/20 planning document. The total parcel of land consists of 2 lots and a portion of a 3ra lot. Two of the lots are 40 feet wide and the remaining piece is approximately 32 feet wide for a total width of 112 feet. The CDC is proposing the construction of two single-family homes on the three lots. Each new home will sit on a piece of land approximately 56 feet wide by 95 feet deep (5296 sq f~). The neighborhood is zoned entirely R2. This zoning designation requires 60-foot lots and 6000 square feet of area; However, Eighty-five percent of the developed single-family homes in this community are built on lots of fifty (50) feet or less in width. This means that eighty five percent of the existing homes would not conform with the current zoning requirements. Therefore the R-2 zoning regulations for this community are clearly not consistent with the vast majority, of the property in this community. This creates a situation that is exact opposite of the typical situation. The CDC is applying for a variance to build homes consistent with the rest of the community, not deviating ~omthe rest of the community. This zoning designation creates a tremendous barrier to the development of this co--unity. There are 15 scattered lots in this community that are less than 50 feet in width. All of these lots would be not be developable under these regulations, and would sit vacant. This would only propemate the slum and blight conditions in the neighborhood. The CDC wishes to work with the City on an on going basis to revise these burdensome regulations and begin the development of the community. Each vacant lot in this community provides an opportunity for a homebuyer to fulfill their dream of homeownership and an oppommity to add value to the con~nmnity. The CDC is committed to working with the City to make that a reality. B. The platting, zoning and construction of the other homes in the community occurred well before the CDC was even in existence. The actions of the CDC in no way created these CirCUrn~ances. C. The CDC is not receiving any particular benefit over other individuals or developers; the CDC only requests that it be permitted to construct homes that are consistent with 85 percent of the homes in this community, which are under the same zoning designation. D. The City of Boynton Beach funded the CDC in order to provide housing opportunities to low and moderate-income first time homebuyers and to develop and increase the value of this community. The CDC currently has two qualified homebuyers that have overcome many obsticules to qualify for a loan. These two families are ready and waiting to move into the proposed homes. By only permitting the construction of one home, a family would be denied a rare opportunity to occupy a brand new residence. Additionally, if the CDC were to only build one home, the cost of the home would increase due to the increased land cost. This increase would, in tam, eliminate both buyers. The CDC wishes to increase the tax base and property value of the community. Building two homes instead of one would double the tax output. Two homes would also reduce vacant land in the community, thereby increasing home values. Additionally, if the CDC built only one home on the 2 lots, that home would look very out of character. Since the CDC's homes are only 35 feet wide, there would be a yard space of 38 feet on each side of the house. This would give the appearance of a vacant lot on each side of the home. Maintaining this large lot would place a higher financial burden on the property owner. This could potentially result in a poorly maintained lawn, always a comrmmity eyesore. Small lawns are much easier for an owner to maintain, less costly, and consistent with the concept of building affordable housing. E. There are 110 single family homes in the community that sit on lOtS that are fif~ (50) feet or less, including the home right next to the CDC's proposed site. In fact, immediately to the north of the CDC's proposed site on NE 13ta Ave there are four homes that were constructed four years ago that look nearly identical to the homes the CDC is proposing. All four homes were built on fffi-y (50) foot lots. The CDC is only requesting the minimal amount needed to construct two affordable homes that will be compatible with eight-five percent of the other homes in the community. F. The intent of the ordinance is to prevent building on smaller lots located in communities where the majority of the homes are set on larger lots. Those squeezed in homes would certainly be out of character in the neighborhood. This is clearly not the case in this comrmmity. The CDC's proposed homes will appear quite compatible with the other homes in the community. The CDC's homes will eliminate vacant land in the community, make affordable housing opportunities aVailable to low income first time home buyers, and make a positive impact on the value of the surrounding residences. EXHIBIT "E" Conditions of Approval Project name: Lots 15 & 16, Happy Home Heights File number: ZNCV 01-005 (Lot area, lot frontage, rear setback) Reference: Zoning Code Variance Application dated March 1,2001 DEPARTMENTS INCLUDE REJECT P .UBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE. Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: NONE ADDITIONAL COMMI_rNITY REDEVELOPMENT BOARD CONDITIONS Comments: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/pat S:\PLANNING\SHARED\WP',PROJECTS~LOTS 15 & 16. BLOCK 1, HAPPY HOME HEIGHTS. LOT FRONTAGE. LOT AR,FA, AND REAR DEVELOPM T ORDER OF THE CITY COMMI[ ~DN OF THE · CITy OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 15 & 16, Block 1, Happy Home Heights APPLICANT'S AGENT: Robert Dwelle APPLICANT'S ADDRESS.: PO BOX 337, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: April 17, 2001 TYPE OF RELIEF SOUGHT: Lot area, lot frontage, rear yard setback. LOCATION OF PROPERTY: NE 12th Avenue DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City CommiSsion hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested.. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~PLANNING\SHARED\W~PROJECTS\LOTS 15 & 16. BLOCK 1, HAPPY HOME HEIGHTS, LOT FRONTAGE, LOT AREA. AND REAR SETBACK~DEVELOPMENT ORDER.DOC COMMUNTTY REDEVELOPMENT AGENCY Tuesday, April 10, 2001 Commission Chambers Rm Boynton Beach 6:30 P.M. III. Call to Order IV. Roll Call V. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. VI. Approval of Minutes VII. Director's Report: A. Budget B. Project Updates C. Future Agenda Items D. Commission Action Update VIII. Announcements and Pres~l'~tions IX. Unfinished Business X. Public Hearing: Zoninq Code Variance: A. PROJECT NAME: AGENT: OWNER: LOT 15 & 16 BLOCK 1 HAPPY HOMES HEIGHTS, Lot Frontage, Lot Area, and Rear Setback Robert Dwelle Willie Ward Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any mat~er considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxi iary aids and services where necessary to afford an individual with a disability an equal opportunity least twen~-four ~ to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Man at prior to the program or activity in order for the City to reasonably accommodate your request. at $61-742-6372hours LOCA'FJON: Lots 15 & 16 Block i Happy Home Heights DESCRIPTION' Variance requested for relief from the City of Boynton Beach, Code of Ordinances, Land Development Regulations, Chapter 2, Zoning, Section 5.f.2.a. to allow a single,family home in a substandard R.2 zoning district lot. Variances for: Lot Frontage, Lot Area, and Rear setback. B. PROJECT NAME: AGENT: LOT 14 & 15 BLOCK 1 HAPPY HOMES HEIGHTS, Lot Frontage, Lot Area, and Rear Setback Robert Dwelle OWNER: Willie Ward LOCATION: Lots 14 & 15 Block 1 Happy Home Heights DESCRI~PTION: Variance requested for relief from the City of Boynton Beach, Code of Ordinances, Land Development Regulations, Chapter 2, Zoning, Section 5.f. 2.a. to allow a single-family home in a substandard R-2 zoning district lot. Variances for: Lot Frontage, Lot Area, and Rear setback. C. PROJECT NAME: CONSULTANT: FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN DESCRIPTION: Michele Mellgren and Associates, Inc. XI. New Business XII. Public Audience XIII. Other XIV. Adjournment Presentation on 1st Draft. Palm Beach County Board of County Commissioners Planning, Zoning & Building Department, Planning Division %~ MEG SMITH Economic Development Specialist (56t} 233-5356 100 Australian Avenue FAX(561) 233-5365 West Palm Beach, FL 33406 E-mail: ~co. ,aim-beach.fi.us Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. COMMUNITY REDEVELOPMENT BOARD Announcement: City Commission/CRA/P&D Workshop Date and Time: Thursday, May 10, 2001 at 6:00 PM Location: Library Program Room Subject: Apartment Housing and Overview City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · B.oynton Beach, Florida 33425-0310 Phone: (561) 742-6350 · www.ci.boynton-beach.fl.us Employee Name: Billing Dates: January 2, l ?tro, Jose 2001 - April 4, 2001 Date Project Name [Vork Description Rate Hours 2/15/01 Map Creation Total Hours $23.60 2 $47.20 2 $47.20 Date Project Name Expense Description Expense Code 1/8/01 Map Creation $5/map copy x 7 CRA Land Use Map members 1/8101 Map Creation $5/map copy x 7 CRA Zoning Map members 1/8101 Map Creation $51map copy x 7 CRA Land Use and Problem O members 118101 Map Creation $5/map copy x 7 CRA Natural Resources & Park members Total Expenses Amount $35.00 $35.00 $35.00 $35.00 $140.00 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, .4pril 06, 2001 Employee Name: Billing Dates: Rztmpf Mike January 2, 2001 - Apr±l 4, 2001 Date Project Name Work Description Rate Hours Amount 1/29/01 Meeting Town square master plan $32.30 0.5 $16.15 2/27/01 Meeting MLKdesign guideline $32.30 1 $32.30 3/15/01 Meeting MLKdesign guideline $32.30 0.5 $16.15 3/20/01 Meeting US-1 Corridor Study - $32.30 2.5 $80.75 document processing 3/30/01 Development Sidewalk Caf6 $32.30 0.5 $16.15 Application regulation - review of draft ordinance Total Hours i 5{[ $161.50 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Fridto,, .-Ipril 06, 2001 E nployee Name: Billing Dates: January Hudson, Dick 2, 200t - Apr±l 4, Invoice 2001 Date Project :'Vame Work Description Rate Hours mount 1/5/01 Meeting Federal Corridor Study $25.35 1 1/6/01 Meeting Federal CorddorStudy $25.35 1 1/20/01 Meeting MLK Neighborhood Study $25.35 1 3/12/01 Meeting MLK Neighborhood Study $25.35 1 3/21/01 Meeting MLK Neighborhood Study $25.35 2 3/27/01 Meeting MLK Neighborhood Study $25.35 2 3/30/01 Meeting MLK Neighborhood Study $25.35 1 Total Hours 91[ $25.35 $25.35 $25.35 $25.35 $50.70 $50.70 $25.35 $228.15 j Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, ,4pdl 06. 2001 Employee Name: Billing Dates: Mat 'as, Hcm za Invoice January 2, 2001 - April 4, 2001 Date Project Name Work Description Rate Hottrs ,4/,ottnt 1/29/01 Research 2/15/01 Research 312/01 Research 3/2/01 Research Total Hours US 1 Study - reviews and $23.60 meetings Sidewalk Caf6 $23.60 Ordinance- research, . drafting and meetings. CRA tax projections - $23.60 research and data analysis CRA loan - meetings and $23.60 research 3O $7O8.OO 35 $826.0O 35 $826.00 5 $118,00 ' IOY! $2,478.00 ! Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Fridto,, ,4pril 06, 2001 Employee Name: Billing Dates: January 2, Invoice Morgan, Glendon 2001 - April 4, 2001 'Date Project Name Work Description Rate Ho u rs Amount 3/2/01 Map Creation 3/2/01 Map Creation 3/8/01 Map Creation 2/9101 Map Creation Total Hours (X 3) CRA maps with $18,50 2 $37.00 streets, parcels, and digital ortho (color) @ 36" X 50" (X 2) CRA maps with $18.50 0.75 $13,88 streets and parcels @ 36" X 50" (X 3) Core CRA area $18.50 30 $555.00 maps (Zoomed in version) @ 36" X 50" (X 2) Core CRA area $18.50 2 $37.00 maps @ 36" X 50" $642.88i Date Project Name Expense Description Expense Code 2/9/01 Map Creation $5/copy X 3 copies Mapping paper 3/2/01 Map Creation $5/copy X 2 copies Mapping paper 3/8/01 Map Creation $5/copy X 3 cop~es Mapping paper Total Expenses Amount $15.00 $10.00 $15.00 $40.00 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, April 06. 2001 Employee Name: Billing Dates: January 2, Invoice Mann, Cynthia 2001 - April 4, 2001 Date Project Name Work DesCription Rate Ho li l's A lllOllll t 01/11/2001 Meeting Coordination 01/0¢/2001 Meeting Coordination 02/0612001 Meeting Coordination 02/06/2001 Packet Preparation 02/13/2001 Meeting Coordination 02/20/2001 Meeting Coordination 03/06/2001 Meeting Coordination 01/2812001 Design Total Hours CRA Workshop scheduling for Cancelled meeting 1/24 Purchasing and organization of refreshments for 1/10 meeting Location change of 2/14 meeting Agenda and packet compilation of items Organization of CRA tour/workshop on 313: scheduling, bus arrangements, location setup, lunch arrangements (Workshop 3/3) Agenda and packet compilation of items (Mtg 3/14) Agenda and packet compilation of items CRA Billing and expense allocation database design $17.45 $17.45 $17.45 $17.45 $17.45 $17.45 $17.45 $17.45 1 0.5 2 3.5 2.5 2.5 2 $34.90 $17.45 $8.72 $34.90 $61.08 $43.63 $43.63 2.5 $43.63 Date Project Name 01/09/2001 Meeting Coordination 02/28/2001 Meeting Coordination 04/03/2001 Meeting Coordination Total Expenses Expense Description Cookies and sodas for 1/10 meeting Workshop lunch orders (3/3) Workshop lunch orders (4/7) Expense Code Refreshments Refreshments Refreshments Amount $48.97 $86.79 $86.74 $222.50 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, April 06, 2001 Employee Name: Billing Dates: January 2, Owens, Monique 2001 -April 4, 2001 Date Project Name IVork Description Rate Hottt.s .4 mottltt 01/04/2001 Packet Preparation 02/08/2001 Packet Preparation 02/23/2001 Packet Preparation 03/08/2001 Packet Preparation 04/05/2001 Packet Preparation 04/05/2001 Packet Preparation Total Hours (Mtg 1/10) Copying, $12.15 0.5 collation, hole-punching, ano mailing of meeting packet materials. (Mtg 2/14) Copying, $12.15 2 collation, hole-punching, and mailing of meeting packet materials. (Workshop 3/3)) Copying, $12.15 0.75 collation, hole-punching, and mailing of meeting packet materials. (Mtg 3/14) Copying, $12.15 1.25 collation, hole-punching, and mailing of meeting packet materials. (Workshop 4/7) Copying, $12.15 0.75 collation, hole-punching, and mailing of meeting packet materials. (Mtg 4/10) Copying, $12.15 1.25 collation, hole-punching, and mailing of meeting packet materials. $6.08 $24.30 $9.11 $15.19 $9.11 $15.19 $78.97 Date Project Name 01/04/2001 Packet Preparation 02/08/2001 Packet Preparation 02/23/2001 Packet Preparation 03/08/2001 Packet Preparation 04/05/2001 Packet Preparation 01/08/2001 Packet Preparaaon 01/08/2001 Packet Preparation 01/08/2001 Packet Preparation 01/0812001 Packet Preparation Total Expenses Expense Description (5X18) 90 + 25 = 115 copies @ $0.15/copy (34X18) 612 + 25 = 637 copies @ $0.15/copy (6X18) 108 + 25 = 133 copies @ $0.15/copy (13X18) 234 + 25 = 259 copies @ $0.15/copy (8X18) 144 + 25 = 169 copies @ $0.15/copy $60/book, 18 cc~3ies in 1st meeting packet $10/book, 18 copies 84 double-sided pages (~ $0.25/page, 7 copies $65/book. 7 copies Expense Code Photocopies Photocopies Photocopies Photocopies Photocopies Visions 20/20 book CIP book Community Redev. Plan b Land Development Reg. B Amount $17.25 $95.55 $19.95 $38.85 $25.35 $1,080.00 $180.00 $147.00 $455.00 $2,058.95 Frhho', April 06, 2001 Employee Name: Billing Dates: January 2, Invoice Hagge/; Regi/za 2ool- April 4, 2001 Date Project Name Work Description Rate Hours ~illOllnl 1/9/01 Map Creation CRA Map (color) with $32.30 streets @ 36" X 50" - No labels. 1/9/01 Map Creation CRA Map (color) with $32.30 streets and parcels @ 36" X 50" - with Labels 1/16/01 Map Creation (X 2) CRA Map with $32.30 streets/CRA boundaries @ 11"X 17" Total Hours 0.25 0.5 0.75 $8.07 $16.15 $24.22 1.5 $48.45 Date Project Name Expense Description Expense Code 1/9/01 Map Creation $5/copy Mapping paper 1/9/01 Map Creation $5/copy Mapping paper 1/9/01 Map Creation $5/copy X 2 copies Mapping paper Total Expenses Amount $5.00 $5.00 $10.00 $20.00 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, APril 06, 2001 Employee Name: Beltran, Ma/ elly Billing Dates: January 2, 2001 - April 4, 2001 Date Project Name Work Description Rate 2/22/01 Design Purchased Wood $23.60 supplies of Town Square Model 2/23/01 Design Autocad design on new $23.60 Police building 2/23/01 Design Autocad with city building $23.60 drawings in Town Square Plan 2/26/01 Design City Building drawings $23.60 continuation 2/26/01 Design Way-finding drawings: $23.60 Columns 2/27/01 Research Nautical Font research $23.60 2/27/01 Meeting Meeting with $23.60 Commissioner Black 2/28/01 Design Column design of $23.60 Wayfinding Sign 2/28/01 Design City building drawings $23.60 312/01 Design Wood Model cutting area $23.60 3/2/01 Design Autocad design of the $23.60 new Police Building 3/19/01 Design Town Square Model - $23.60 Finalize small model pieces of city buildings 3/21/01 Design Continuation of Town $23.60 Square Model - Finalize small model pieces of city buildings 3/23/01 Design Town Square Model - $23.60 shaping of pieces 3/26/01 Design Town Square Model- $23.60 cutting and sanding 3/28/01 Design Massing of City hall bldg $23.60 in Model 3130/01 Design Conitnue with sanding $23.60 and gluing of City Hall bldg 4/2/01 Design Town Square Model - $23.60 cutting massing of City Hall Bldg 4/3/01 Research Ocean Avenue $23.60 Redevelopment Plan Total Hours HOIII'S 2 3 6.5 1 8 1 4 3.5 4.5 3 8 8 8 8 8 8 8 2 .41IlOlltlt $47.20 $47.20 $7O.8O $153.40 $23.60 $188.80 $23.60 $94.4O $82.60 $106.20 $70.80 $188.80 $188.80 $188.80 $188.80 $188.80 $188.80 $188.80 $47.20 ,~ 243.5i $5,746.60 Friday, April 06, 2001 Page 3 of 3 Employee Name: Beltra/l, Mcmgelly' Billing Dates: January 2, 2001 - April 4, 2001 Date Project .'vYtme IVork Description Rate 2/7/01 Design Column design of $23.60 Wayfinding Sign Project 2/7/01 Design Commenced wood model $23.60 construction 2/8/01 Meeting Gather info and material $23.60 for implementation meeting 2/8/01 Meeting Implementation meeting $23.60 2/9/01 Design Column theme $23.60 implementation throughout the informational and regulatory types of signs 2/9/01 Design Conceptual drafts for $23.60 Ocean Avenue Redevelopment Plan 2/1 2/01 Design Way-finding project $23.60 continuation 2/12/01 Design Continuation of City $23.60 building drawings 2/12/01 Design Way-finding drawings: $23.60 Columns 2/13/01 Design Review of updated list of $23.60 supplies for Town Square Model plan meeting of Ocean Avenue Redevelopment Plan 2/14/01 Design City building drawings $23.60 2/14/01 Design Column designs of $23.60 Wayfinding Sign Project 2/14/01 Design Wood Model construction $23.60 2/15/01 Design Changes on wood model $23.60 supplies 2/16/01 Design Ocean Avenue $23.60 Redevelopment Plan requirements 2/16/01 Design Autocad design of new $23.60 Police Building 2/20/01 Meeting Finalized Ocean $23.60 Redevelopment Meeting detail 2/20/01 Meeting Ocean Redevelopment $23,60 meeting 2/21/01 Research Ocean Redevelopment $23.60 Plan outline review 2/21/01 Design City building drawings $23.60 2/21/01 Design Column design of $23.60 Wayfinding Sign Project Hotirx 2 1.5 2 4.5 3 4.5 3 1 8 3 2.5 2 1.5 4.5 3 5 2 2.5 2.5 1.5 AlllOlillt $59.00 $47.20 $35,40 $47.20 $106.20 $70.80 $106.20 $70.80 $23.60 $188.80 $70.80 $59.00 $47.20 $35.40 $106.20 $70.80 $118.00 $47.20 $59.00 $59.00 $35.40 Friday,.4pril06. 2001 Page 2 of 3 Employee Name: Billing Dates: January 2, Beltran, Margelly 2001 - Apr±l 6, 2001 Date Project Name IVork Description Rate Ho tl rs .4mount 1/22/01 Design Autcad drawings for Wood Model of Town Square Plan 1/23/01 Research Comparative study on other Municipal Wayfinding Signage 1/24/01 Design Documentation of city building elevations in Town Square model. 1/24/01 Design Column designing of Wayfinding Signs. 1/25/01 Research Wayfinding Signage requirements - Nautical font themes, ADA standards 1/26/01 Design Wayfinding sign designs - informational and regulatory column themes 1/29/01 Design Autocad drawings of Town Square model plan 1/29/01 Research Wayfinding signage brainstorming session preparation of materials. 1/30/01 Research Continued research on comparative wayfinding signage nautical fonts. 1/31/01 Design Documentation of city buildings elevations in Town Square model plan 2/1/01 Meeting Design concept for 2nd Street from.4th and 5th Avenues. 2/1/01 Research Map tracking of signs. 2/2/01 Design Column theme design implementation on informational and regulatory signs 2/5/01 Research City map research for the Way-finding project 2/5/01 Design Supply list update for Town Square model 2/5/01 Meeting Material gathering for implementation meeting 2/6/01 Research Model supply list/Implementation Plan 2/7/01 Design City building drawings $23.60 $23.60 $23.6O $23.60 $23.60 $23.60 $23.60 $23.60 $23.60 $23.60 $23.60 $23,60 $23.60 $23.60 $23.60 $23.60 $23.60 $23.60 8.5 6.5 2 6 5 7.5 4.5 4 8 2 1.5 4 7.5 2.5 1 4 7.5 3 $200.60 $153.40 $47.20 $141.60 $118.00 $177.00 $i06.20 $94.40 $188.80 $47.2O $35.40 $94.40 $177.00 $59.0O $23.60 $94.40 $177.00 $7O.8O Friday, April 06, 2001 Page I df 3 Employee Name: Billing Dates: January 2, Williamson, Blvthe 2001 - April 4, 2001 Date Project Name ~Vork Description Rate Ho urx A moult t 3/1/01 Development Lots 14, 15, & 16 - Happy Application Home Heights (Subdivision ZNCV 01- 004, ZNCV 01-005) - Pre- app meeting setup, payment processing, application submittal process completed 3/2/01 Development Lots 14, 15, & 16 - Happy Application Home Heights (Subdivision ZNCV 01- 004, ZNCV 01-005) - legal ad preparation, copies and mailing 3/22/01 Development Lots 14, 15, & 16 - Happy Application Home Heights (Subdivision ZNCV 01- 004, ZNCV 01-005) - signature of legal ads, publication of legal ads via City Clerk $12.15 $12.15 $12.15 0.75 $9.11 2 $24.30 1.25 $15.19 Total Hours i $48.60 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, ,4pril 06, 2001 Employee Name: Galav, Lusia Billh~gDates: January 2, 2001 - April 4, 2001 Date Project z%tme Work Descriptio!t Rate Hours ..4mOttltt 3/13/01 Legal Advertisement 3/22/01 Legal Advertisement Total Hours Lots 14, 15, & 16 - Happy Home Heights (Subdivision ZNCV 01- 004, ZNCV 01-005) Lots 14, 15, & 16 - Happy Home Heights (Subdivision ZNCV 01- 004, ZNCV 01-005) $32.30 I $32.30 $32.30 I $32.30 2i $64.60~ Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, April 06, 2001 Employee Name: Billing Dates: January Morgan, Glendo z 2, 2001 - April 4, 2001 Date Prqject ,Nante Work Description Rate HOIII'S .4 IllOtlllt 3/2/01 Map Creation 3/2/01 Map Creation 3/8/01 Map Creation 2/9/01 Map Creation Total Hours (X 3) CRA maps with $18.50 streets, parcels, and digital ortho (color) @ 36" X 50" (X 2) CRA maps with $18.50 streets and parcels @ 36" X 50" (X 3) Core CRA area $18.50 maps (Zoomed in version ) @ 36" X 50" (X 2) Core CRA area $18.50 maps @ 36" X 50" 2 $37.00 O.75 $13.88 30 $555.00 2 $37.00 34. 75 $642.88 Date Project Name Expense Description Expense Code 2/9/01 Map Creation $5/copy X 3 copies Mapping paper 3/2/01 Map Creation $5/copy X 2 copies Mapping paper 3/8/01 Map Creation $51copy X 3 copies Mapping paper Total Expenses Amount $15.00 $10.00 $15.OO $40. O0 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, ,4pril 06, 2001 Employee Name: Hagger, Regina Billing Dates: January 2, 2001 - April 4, 2001 Date Project Name Work Description Rate Ho u .4mottltt 1/9/01 Map Creation CRA Map (color) with $32.30 streets @ 36" X 50" - No labels. 1/9/01 Map Creation CRA Map (color) with $32.30 streets and parcels @ 36" X 50" - with Labels 1t16/01 Map Creatior (X 2) CRA Map with $32.30 streets/CRA boundaries @ 11"X 17" Total Hours O.25 $8.07 0.5 $16.15 0.75 $24.22 1.5 $48.45 Date Project Name Expense Description Expense Code 1/9/01 Man Creation $5/copy Mapping paper 1/9/01 Map Creation $5/copy Mapping paper 1/9/01 Map Creation $5/copy X 2 copies Mapping paper Total Expenses Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Amount $5.00 $5.00 $10.00 $20.00 Friday, April 06, 2001 Employee Name: B?rne, Nancy Billing Dates: damta~n' 02. 200l - gpri! 4. 2001 Date Project Name Work Description Rate 03/08/2001 Meeting Discussion with Quintus to $32.30 prepare for CRA meeting coverage 03/09/2001 Meeting Marina update from $32,30 Quintus following Bruce Jarvis' visit. 03/13/2001 Research Legal bills - call from $32,30 Lindsay Payne requesting city assistance in clarifying nature of bills 03/14/2001 Meeting Met with Paul Fleming $32.30 and Dale Sugerman for project update info. 03/1412001 Meeting Wrote debriefing e-mail $32.30 following meeting conclusion 03/1512001 Meeting monthly debriefing with $32.30 Quintus on CRA-related items. 03120/2001 Meeting Project update and $32.30 explanation of CRA activities with Paul Fleming and Quintus Greene Total Hours Hotel's AillOlllll $32.30 O.5 $16.15 I $32.30 1.5 $48.45 1.75 $56,52 0.75 $24.23 1.5- $48.45 8 $258.40 Note: Tracked time under the Time subreport is reported in 15-minute increments and intervals. Friday, April 06, 2001 Employee Name: Greene, Quintus Billing Dates: January 2, 2001 - April 4, 2001 Date Project Name 2/21101 Meeting 2/27/01 Meeting 2/28101 Meeting 3/2/01 Meeting 3/3/01 Meeting 3/5/01 Meeting 3/6/01 Meeting 3/7/01 Meeting 3/8/01 Meeting 3/9/01 Meeting 3/9/01 Meeting 3/15/01 Meeting 3/19/01 Meeting 3/20/01 Meeting 3/21/01 Meeting 3/21/01 Meeting 3/26/01 Meeting 3/27/01 Meeting 3/27/01 Meeting 3/27/01 Meeting 3/28/01 Meeting 3/28/01 Meeting 3/28/01 Meeting 3/28/01 Meeting 3/30/01 Meeting Total Hours Friday, April 06, 2001 Work Descriptio. Rate Hours Amount Boynton Terrace Heratige $40.00 1 $40.00 Co. tax credit meeting Madna Developer & $40.00 1.5 $60.00 Architect proposed site changes Intracoastal Site Private $40.00 1 $40.00 interest developer Preperation for Saturday $40.00 2°5 $100.00 WorkShop Workshop & CRA Tour $40.00 7 $280.00 Property Zoning Issue in $40~00 1 $40.00 CRA Federal Hwy Study $40.00 2 $80.00 Museum wishing to locate $40.00 1 $40.00 in CRA bdefing meeting with N. $40,00 I $40.00 Byme Madna Developer $40.00 1 $40.00 Update N. Byme on $40.00 0.5 $20.00 Madna Status CRA / City Loan $40.00 1.5 $60.00 Shared Parking $40.00 1 $40.00 Paul Fleming & N. Byme $40.00 2 $80.00 CRA project bdefing MLK Study $40.00 1 $40.00 Public in put on Federal $40.00 1.5 $60.00 Hwy Study Meeting with CRA Board $40.00 I $40.00 Chair Federal Hwy study $40.00 1 $40.00 Meeting with CRA $40,00 I $40.00 Member Meeting with BODA for $40.00 2.5 $100.00 public input to Federal Hwy Study Downtown Parking issues $40.00 1 $40.00 Bank funding for CRA $40.00 1 $40.00 businesses Pre-application meeting $40.00 1 $40.00 for CRA new development site plan Federal Hwy Corddor $40.00 I $40.00 feedback to Consultant Meeting with Museum $40.00 I $40.00 interested in CRA location 77.5 $3,100.00 Page 2 of 2 Employee Name: Billing Dates: January 2, Greene, Quintus 2001 - April 4, 2001 Date Project Name Work Description Rate Ho u rs AlllOllllt 1/11/01 Research Parking Reduction in CRA Area 1/17/01 Meeting Sidewalk Cafe's 1/18/01 Meeting Wayfinding Signage for CRA 1/19/01 Research Federal Hwy Redevelopment Project 1/22/01 Meeting Federal Hwy Redevelopment Project 1/22/01 Meeting CRA Workshop Planning session 1/22/01 Meeting Cry. Cmsr. Addle Greene re:CRA 1/24/01 Meeting Marina Developer 1/25/01 Meeting Marina Developer 1/26/01 Meeting Transfer of property in CRA 1/29/01 Meeting Cry. Cmsr. Addle Greene - Tour of CRA 1/31/01 Meeting CRA Funding Issues 2/5/01 Meeting MLK area prospective developer 2/6/01 Meeting Mellgren Assoc. re: Federal Hwy Corridor Study 2/7/01 Meeting Bank United - Community Redevelopment efforts in CRA 2/5/01 Research Backup preperation for CRA Workshop/Meeting 2/8/01 Meeting Town Square Project 2/8/01 Meeting Sidewalk Caf~ Ordinance 2/8/01 Meeting Marina Incentives 2/9/01 Meeting Meeting with Nancy Graham re: redevelopment visioning 2/13/01 Meeting Meeting with Boynton Beach Blvd Property owner re: Promenade development 2/14/01 Monthly Meeting Pre meeting Preperatation and regular meeting $40,00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $4O.00 $40.00 $40.00 $40,00 $40.00 $40.00 $40.00 $40,00 $40.00 $40.00 $40.00 1.5 1 4 2 2 1 2 2 2 2 2 2 1 2 1 1 3 1 1 3 1 3 $60,00 $40.00 $160.00 $80.00 $80.00 $40.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $40.00 $80.00 $40.00 $40.00 $i20.00 $40.00 $40.00 $120.00 $40.00 $120.00 Fridto', April 06, 2001 Page 1 of 2 Om~ DEPARTHENT OF DEVELOPMENT Building · Planning & Zoning · Neighborhood Services · Occupab'onal £icenses · Communi~y Redevelopment ) CRA Board Member Listinq {~ Larry Finkelstein - Chair (4 yr. Term) Jeanne Heavilin - Vice Chair (4 yr. Term) Home: 1014 Asbury Way Home: P.O. Box 3693, (734 NE 9th Ave.) Boynton Beach, FL 33426 (561) 375-8807 Office: Lamar Realty & Financial Group 114 N. Federal Hwy, Ste 202 Boynton Beach, FL 33435 (561) 736-9790 Term expires - 1/10/2005 ~ Henderson Tillman (4 yr. term) .Home: 54 Bentwater Cir. Boynton Beach, FL 33426-7646 (561) 965-6776 Office: Spanish River High School 5100 Jog Rd. Boca Raton, FL 33496 (561) 241-2200 Term expires- 1/10/2005 Michelle Hoyland (3 yr. term) ~[''~ Home: 926 Sunset Road Boynton Beach, FL 33435 (561) 736-8668 Office: City of Delray Beach Planning and Zoning Department 100 NW 1st Ave. Delray Beach, FL 33444 (561) 243-7040 Term expires - 1/10/2004 Boynton Beach, FL 33424 (561) 731-4474 Office: Sailfish Realty 532 E. Ocean Ave. Boynton Beach, FL 33435 (561) 738-6613 Term expires - 1/10/2005 Jose Aguila (4 yr term) ~ Home: 800 SW 1st Ct. Boynton Beach, FL 33426 (561) 737-8894 Office: Robert G. Currie & Assoc. Inc. 134 NE 1st Ave Delray Beach, FL 33444 (561) 276-4951 Term expires - 6~20~2004 /f~ Alexander DeMarco (2 yr term) Home: 10817 Quail Covey Rd Boynton Beach, FL 33463 (561) 732-6789 Office: Arvida Realty 901 N. Congress Ave., Ste B-102 Boynton Beach, FL 33426 (561) 736-2400 ext 107 Term expires - 6~20~2002 Don Fenton (1 yr. term) ~" Home: 2556 SW 23rd Cranbrook Dr. Boynton Beach, FL 33436 (561) 737-0793 Office: Edward Jones & Company 901 N. Congress Ave, Ste B 101 Boynton Beach, FL 33426 (561) 737-1442 Term expires - 1/10/2002 City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 · www. ci.boynton-beach.fl.us RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY TO ISSUE ITS PROMISSORY NOTE, SERIES 2001, IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,OOO,OOO; AUTHORZING THE CITY TO GUARANTY THE OBLIGATIONS OF THE COMMUNITY RDEVELOPMENT AGENCY UNDER THE NOTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intention of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency to finance the amount of $3,000,000 for the purpose of providing funds for various community redevelopm6nt projects; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Boynton Beach Community Redevelopment Agency is hereby authorized to issue its Promissory Note, Series 2001, in the principal amount of $3,000,000, and having such other terms and conditions as set forth in the form of said Promissory Note attached hereto as Exhibit "A". Section 2. Upon issuance of the Note, the Mayor or Vice-Mayor of the City are hereby authorized and directed to execute the Guaranty of CRA Note in the form attached hereto as Exhibit "B". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this Cq day of September, 2001. Vice ATTEST: Commissioner ORDINANCE NO. 01- XlI.- LEGAL ITEM A.5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-13.2, GOVERNING BODY OF COMMUNITY REDEVELOPMENT AGENCY, BY DELETING SUBSECTION (D) IN ITS ENTIRETY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in best interests of the public to amend the Code to shift control of support staff hiring .'rom the City Manager to the Community Redevelopment Agency, following the procedure set forth in Florida Statute 163.356; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION: OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 2. Administration, Section 2-13.2 of the Code of Ordinances is hereby amended by deleting subsection (d) in its entirety, as~ follows: Sec. 2-13.2 Governing body of community redevelopmenti agency.* Section 2. All other provisions of Section 2-13.2 not in full force and effect. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ ~day of December, 2001. SECOND, FINAL READING AND PASSAGE this day of , 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk revl21001 ORDINANCE NO. 01- ~ ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-13.2, GOVERNING BODY OF COMMUNITY REDEVELOPMENT AGENCY, BY DELETING SUBSECTION (D) IN ITS ENTIRETY; PROVDING FOR CONFLICTS, SEVERABILITY, CODWICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the public to amend the Code to shift control of support staff hiring from the City Manager to the Community Redevelopment Agency, following the set forth in Florida Statute 163.356; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 2. Administration, Section 2-13.2 of the Code of Ordinances is hereby amended by deleting subsection (d) in its entirety, as follows: Sec. 2-13.2 Governing body of community redevelopment agency.* city~-~,-~-- r ...... :+., ; ............. ~md~ *ke .... Section 2. All other provisions of Section 2-13.2 not herein mended shall remain in full force and effect. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ ~day of December, 2001. SECOND, FINAL READING AND PASSAGE this ~, day of 2001. ATTEST: ~ITY OF/;BOYN,7 BE,P)a2H, FxLORIDA Vice l~zeor ~..~----, ~ ~i~n~~ ~' /~issioner Commissioner 7 Members Four 4-year Terms One 3-year Term One 2-year Term One 1-year Term LAST NAME FZRST EXPI'RES ADDRESS PROFESS:I:ONAL NAME ASSOCIATION , Aguila 3ose 6/20/04 800 SW 1~ CT Robert G. Currie & Assoc., :[nc. I Boynton Beach 33426 134 NE ist AVE 4 yr. term (561) 737-8894 Delray Beach, FL 33444 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 2 yr. term (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23RD CRANBROOK Edward .1ones & Company DR 901 N Congress Avenue, Ste B- I yr. term BOYNTON BEACH 33436 101 Boynton Beach, FL 33426 (561) 737-0793 {561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., ate 202 4 yr. term (561) 375-8807 Boynton Beach, FL 33435 (561) 736-9790 Chair Heavilin .leanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 V/ce C~a/r (561) 731-4474 (561) 738-6613 Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 3 yr. term (561) 736-8668 100 NW 1~ Avenue Delray Beach, FL 33dqq (561) 243-7040 Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 7646 Boca Raton, FL 33496 -~ 4 yr. term (561) 965-6776 (561) 241-2200 07/19/2001 4:26 PM 7 Members Four 4-year Terms One 3-year Term One 2-year Term One i-year Term LAST NAME F?RST EXPI'RES ADDRESS PROFESSZONAL NAME ASSOCZATZON Aguila .lose 6/20/04 800 5W 1st CT Rober~ G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1~ AVE 4 yr. term (561) 737-8894 Delray Beach, FL 33444 (561) 276-4951 DeMarco Alexander 6/20/02 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 2 yr. term (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fenton Don 1/10/02 2556 SW 23R° CRANBROOK Edward 3ones & Company DR 901 N Congress Avenue, Ste B- 101 1 yr. term BOYNTON BEACH 33436 Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDREWS DRIVE Lamar Realty & Finandal Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 4 yr, term (561) 375-8807 Boynton Beach, FL 33435 (561) 736-9790 Chair Heavilin .leanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue 4 yr. term BOYNTON BEACH 33424 Boynton Beach, FL 33435 Vice Chair (561) 731-4474 (561) 738-6613 HoyJand Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. 100 NW ist Avenue 3 yr. term (561) 736-8668 Delray Beach, FL 33444 (561) 243-7040 'lqllman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426- 5100 3og Road 7646 Boca Raton, FL 33496 4 yr. term (561) 965-6776 (561) 241-2200 07/19/2001 4:26 PM DEPARTIvlENT OF DEVELOPMENT Building · Planning & Zoning · Neighborhood Services · Occupa#onal iJcenses ® Communi(y Redevelopment  / CRA Board Member Listinq ~ Larry Fin kelstein - Chair (4 yr. Term) Jeanne Heavilin - Vice Chair (4 yr. Term) Home: 4295-St. Andrews Ddve ~O. Box 3693, (734 NE 9"~ Ave.) Boynton Beach, FL 33436 ~ ~_,~ B~)ynton Beach, FL 33424 (561)375-8807 ~ // /~ ~/~561)731-~,~.74 ,~ Lamar Realty & Financial Group~ Sailfish Realty ~ 114 N. Federal Hwy, Ste 202 532 E. Ocean Ave. / Boynton Beach, FL 33435 (561) 736-9790 ~.__.-~T~expires-1/lO/2005 Henderson Tillman (4 yr. term) 54 Bentwater Cir. Boynton Beach, FL 33426-7646 (561) 965-6776 Spanish River High School 5100 Jog Rd. Boca Raton, FL 33496 (561) 241-2200 Boynton Beach, FL 33435 (561) 738-6613 Term expires - 1/10/2005 Jose Aguila (4 yr. term) Home: 800 SW 1st Ct. ,~L~ Boynton Beach, FL 33426 (561) 737-8894 Office: Robert G. Curfie & Assoc. Inc. 134 NE l"t Ave Delmy Beach, FL 33'!'H, (561) 276-4951 Term expires - 1/10/2005 Term expires -6/20/2004 ~ ~ichelle Hoyland (3 yr. term) .~ Alexander DeMarco (2 yr. term) Elome: 926 Sunset Road ~ / ..~0817 Quail Covey Rd ~ ~~' ' Boynton Beach, FL 33435 ~ ~.~ ~ ~,~r- E}oynton Beach, FL 33463 ~~ (561)736.8668 ~/¥ ~;,~"~V~ ~61) 732-6789 O_Q.~e: City of Delray Beach . /~ Office:/Arvida Realty ,~ Planning and Zoning Departn~ent ~ 901 N. Congress Ave., Ste B-102 ~_~'- 100 NW 1st Ave. ~ BoyntOn Beach, FL 33426 (561 ) 736-2400 ext 107 Termexpires-612012002~/~ Don Fenton (1 yr. term) Home: 2556 SW 23r~ Cmnbmok Dr. Boynton Beach, FL 33436 (561) 737-0793 Offide: Edward Jones & Company 901 N. Congress Ave, Ste B 101 Boynton Beach, FL 33426 (561) 737-1442 Term expires - 1/10/2002 Delmy Beach, FL 33~,~,~, (561) 243-7040 ~'e_.rrn expires - 1/10/2004 City of Boynton Beach · 100 East Boynton Beach Blvd., P.O, Box 310 · Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 · www. ci.boynton-beach.fl.us III. IV. V. VI. VII. VIII. IX. X. Call to Order Roll Call COMMUNITY REDEVELOPMENT AGENCY Tuesday, April :10, 200:1 Commission Chambers Rm Boynton Beach 6:30 P.M. Agenda Approval' A. Additions, Deletions, Corrections. B. Adoption. Approval of Minutes Director's Report: A. Budget B. Project Updates C. Future Agenda Items D. Commission Action Update Announcements and Presentations Unfinished Business Public Hearing: Zoning Code Variance: A. PROJECT NAME: LOT 15 & 16 BLOCK 1 HAPPY HOMES HEIGHTS, Lot Frontagef Lot Area, and Rear Setback AGENT: Robert Dwelle OWNER: Willie Ward Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. TO: FROM: RE: DATE: MEMORANDUM All Advisory Board Chairpersons _lames A. Cherof, City Attorney Reminder - Quorums Required 3uly 31, 1998 All Advisory Boards are governed by Florida Sunshine Laws and generally operate under Roberts Rules of Order. When meetings are called, but no quorum established, no business should be conducted, nor should the Board members engage in communication on the subject matters pending, or potentially pending before them. Should you have any questions regarding this matter, please do not hesitate to contact me. ]AC/ral Cc: Kerry Willis, City Manager Wilfred Hawkins, Manager of Support Services Sue Kruse, City Clerk S:ca\depLs\city attorney\Advisory Board Memo - quorum Dr..,'ELOPMENT SERVICES DEPARTME,', PLANNING AND ZONING DIVISION MEMORANDUM #01-063 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: April 4, 2001 File No: ZNCV 01-004 - Lot frontage, lot area, rear setback Location: Lots 14 & 15, block 1, Happy Home Heights Owner: Willie Ward Project: Building a single-family home .on parcel zoned R-2. Variance Request: Request for three (3) variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single- family home on a substandard lot zoned R-2: 1) to allow an 8.87-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 16.13-foot rear setback; 2) to allow a 4.25-foot reduction from the minimum of sixty (60) foot frontage required by code to allow a 55.75-foot frontage; and 3) to allow a 704 square feet reduction from the minimum 6,000 square foot lot area required by code to allow development of a 5,296 square foot lot. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-2, single and two- family residential district (see Exhibit "A" - location map). The Happy Home Heights subdivision was platted in 1924 with typical lot frontagbs being 40 feet, and typical lot areas at 4,000 square feet; non-conforming by today's zoning standards (see Exhibit "B" - section of Happy Home Heights Plat). The parcels on the sides of the subject property are both developed. Robert Dwelle of Boynton Beach Faith Based Community DevelOpment Corporation (CDC) is requesting the above-referenced variances. The CDC is proposing to assemble three (3) parcels to create two (2) equally sized parcels with the purpose of constructing two (2) single- family homes as part of their affordable homes program (see Exhibit "C" - survey). The three (3) parcels have a combined frontage of 111.5 feet, and a total area of 10,592 square feet. The parcel as a whole does comply with the current site development regulations for the R-2 zoning district, if the intention was to build a duplex. By creating two (2) equal smaller parcels, with the intention of building two (2) single-family dwelling units, the resulting lots become non-conforming for single-family homes per R-2 zoning regulations. Page 2 CDC variances File No. ZNCV 01-004 The requirements to build a single-family dwelling unit within the R-2 zoning district, compared to the subject lots are as follow: -required lot frontage: 60 feet -required lot area: 6,000 square feet -required building rear setback: 25 feet -proposed lot frontage: 55.75 feet -proposed lot area: 5,296 square feet -proposed building rear setback: 16.13 feet The construction of a single-family home with the above referenced characteristics requires the three (3) variances as described herein. Staff surveyed the area and it was observed that the majority of dwelling units in the neighborhood are detached single-family homes, built on substandard lots, and with some of them having either front or rear setback deficiencies. City records show that a total of fifteen (15) properties within the Happy Home Heights subdivision have been the subjects of variance approvals since 1963. A breakdown of a portion of these approvals is as follows: ten (10) for rear setbacks, six (6) for total lot area, and seven (7) for lot frontage. There are of course other adjacent units that were constructed prior to modern site regulations and are therefore legal non-conforming. ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: ao That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the appficant. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D". In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including the Plat of Happy Home Heights with Page 3 CDC variances File No. ZNCV 01-004 typical lot widths of forty (40) feet, and typical lot sizes of 4,000 square feet. Staff verified on site that the substandard conditions still exist. Consequently, a large number of those parcels have been developed for single-family homes. Staff concurs with the applicant that the proposed homes will be consistent with the surrounding community, therefore, satisfying criteria "d" above. Staff also concurs with the applicant that the denial of the variances would leave the undesirable options of constructing a duplex or a large single family home (or a typical single family home on an oversized lot). Although the duplex would contribute to the affordable housing options for the area, it would not meet the goals of the CDC and city's housing initiative which emphasizes home ownership. With respect to the second option, the construction of a single-family home on an oversized lot would not represent an affordable option due to anticipated value and product costs. Therefore, it is the opinion of staff that the subject request meets criteria "e" above, in that they represent the minimum variances necessary to make possible the reasonable use of land. Lastly, staff believes that granting the variances will not be injurious to the area nor detrimental to the public welfare. On the contrary, staff concurs with the applicant that the proposed buildings will be in harmony with characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein a hardship condition exists. Futhermore, staff concludes that the approval of the requested variances will the affordable housing goals, and will increase the values of the community while decreasing slum and blight conditions in the neighborhood and beautifying the general neighborhood streetscape. Furthermore, staff feels that the applicant has proved conclusively the existence of hardship. Based on the previous analysis, staff recommends that the requested variances be approved, thereby granting relief from the City code to allow: 1 ) an 8.87-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 16.13-foot rear yard setback; 2) a 4.25-foot reduction from the minimum of sixty (60) foot frontage required by code to allow a 55.75-foot frontage; and 3) a 704 square feet reduction from the 6,000 square feet lot area required by code to allow a 5,296 square feet lot area, be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E". MR/dim S:\Planning\SHARED\WP\PROJECTS\Lots 14 & 15 Block 1, Happy Home Heights, Lot Frontage, Lot Area, Rear Setback\STAFF REP-lot frontage, lot area, rear setback.doc ~EC LOCATION MAP CDC Properties EXHIBIT "A" 1/8 400 '800 MILES~ 0 x °~ ! '"4!__,,,..~ C)':~- ~.s. pu~ ~N I-- LU /ran EXHIBIT "C" --'[ i FLOOD ZONE "C", COMMUNITY PANEL NO. 120196-0004-C EXHIBIT "D" A_ The Boynton Beach Faith Based Community Development Corporation (CDC) is proposing the'construction of two single-family homes on a parcel of land located in the Martin Luther King Btvd North Neighborhood as defined in the City of Boynton Beach's Vision 20/20 planning document. The total parcel of land consists of 2 lots and a portion ora 3ra lot. Two of the lots are 40 feet wide and the remaining piece is approximately 32 feet wide for a total width of 112 feet. The CDC is proposing the construction of two sin~e-family homes on the three lots. Each new home will sit on a piece of land approximately 56 feet wide by 95 feet deep (5296 sq f~). The neighborhood is zoned entirely R2. This zoning designation requires 60-foot lots and 6000 square feet of area; However, Eighty-five percent of the developed single-family homes in this comrmmity are built on lots of fifty (50) feet or less in width. This means that eighty five percent of the existing homes would not conform with the current zoning requirements. Therefore the R-2 zoning regulations for this community are clearly not consistent with the vast majority, bfthe property in this commtmity. This creates a situation that is exact opposite of the typical situation. The CDC is applying for a variance to build homes consistent with the rest of the community, not deviating from the rest of the community. This zoning designation creates a tremendous barrier to the development of this community. There are 15 scattered lots in this community that are less than 50 feet in width. All of these lots would be not be developable under these regulations, and would sit vacant. This would only propemate the slum and blight conditions in the neighborhood. The CDC wishes to work with the City on an on going basis to revise these burdensome regulations and begin the development of the comrmmlty. Each vacant lot in this community provides an opportunity for a homebuyer to fi~lfill their dream of homeownership and an oppommity to add value to the cornmlmity. The CDC is committed to working with the City to make that a reality. B. The platting, zoning and construction of the other homes in the commmlity occurred well before the CDC was even in existence. The actions of the CDC in no way created these circumstances. C. The CDC is not receiving any particular benefit over other individuals or developers; the CDC only requests that it be permitted to construct homes that are consistent with 85 percent of the homes in this co~anity, which are under the same zoning designation. D. The City of Boynton Beach funded the CDC in order to provide housing opportunities to low and moderate-income first time homebuyers and to develop and increase the value of this community. The CDC currently has two qualified homebuyers that have overcome many obsticules to qualify for a loan. These two families are ready and waiting to move into the proposed homes. By only permitting the construction of one home, a family would be denied a rare oppommity to occupy a brand new residence. Additionally, if the CDC were to only build one home, the cost of the home would increase due to the increased land cost. This increase would, in mm, eliminate both buyers. The CDC wishes to increase the tax base and property value of the commlmity. Building two homes instead of one would double the tax output. Two homes would also reduce vacant l~Ind in the community, thereby increasing home values. Additionally, if the CDC built only one home on the 2 lots, that home would look very out of character. Since the CDC's homes are only 35 feet wide, there would be a yard space of 38 feet on each side of the house. This would give the appearance ora vacant lot on each side of the home. Maintaining thi.q large lot would place a higher financial burden on .the property owner. This could potentially result in a poorly maintained lawn, always a co~;~.:,mity eyesore. Small lawns are much easier for an owner to maintain, less costly, and consistent with the concept of building affordable housing. E. There are 110 single family homes in the comrmmk-y that sit on lots that are fifty (50) feet or less, including the home right next to the CDC's proposed site. In fact, ~mmediately to the north of the CDC's proposed site on NE 13t~ Ave there are four homes that were constructed four years ago that look nearly identical to the homes the CDC is proposing. All four homes were built on fifty (50) foot lots. The CDC is only requesting the minimal amount needed to construct two affordable homes that will be compatible with eight-five percent of the other homes in the communk'y. F. The intent of the ordinance is to prevent building on smaller lots located in commnnkies where the majority of the homes are set on larger lots. Those squeezed in homes would certainly be out of character in the neighborhood. This is clearly not the case in this coi~i~.nity. The CDC's proposed homes will appear quite compat~le with the other homes in the community. The CDC's homes will elli~i.ate vacant land in the community, make affordable housing opportunities available to low income first time home buyers, and make a positive impact on the value of the surrounding residences. EXHIBIT "E" Conditions of Approva! Project name: Lots 14 & 15, Happy Ho~e Heights Fi le number: ZNCV 01-004 (Lot area, lot frontage, rear setback) Reference: ................ ,. ~ n~auun uateQ lviarcla I 2001 PUBLIC WORKS Comments: NONE .. UTILITZES Comments: NONE FZRE Comments: NONE POLICE Comments: NONE ENGINEERING DMSION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: NONE ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comrrients: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/pat S:\PLANNING\SHARED\WP~PROJ~t-t.T.{I,,j r',,"r,~ .~.~ ~ ................... BLOCK 1, HAPPY HOME HEIGHTS, LOT FRONTAGE, LOT AREA, REAR DEVELOPI~ ? NT ORDER OF THE CITY COMMI:,i' ~'i'ION OF THE ~TY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 14 & 15, Block 1, Happy Home Heights APPLICANT'S AGENT: Robert Dwelle APPLICANT'S ADDRESS: PO BOX 337, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: April 17, 2001 TYPE OF RELIEF SOUGHT: Lot area, lot frontage, rear yard setback. LOCATION OF PROPERTY: NE 12th Avenue DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP\PROJECTS\LOTS 14 & 15 BLOCK 1, HAPPY HOME HEIGHTS. LOT FRONTAGE, LOT ARE. A, REAR SETBACK~DEVELOPMENT ORDER.DOC VI. VII. COMMUNITY REDEVELOPMENT AGENCY Tuesday, May 8, 200:1 Commission Chambers Rm Boynton Beach 6:30 P,M. I. Call to Order IIm Roll Call III. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. TV. Approval of Minutes V. Director's Report: A. Financial Updates. B. Project Updates. C. Future Agenda ftems. D. Commission Action Update. Announcements and Presentations Unfinished Business Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter conSidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VIII, Public Hearings: Zoning Code Variance.: Land Use Amendment/Rezoning 1. PROJECT NAME: A PINK PRINCESS - LUAR AGENT: OWNER: LOCATION: DESCRIPTION: Bradley Miller George &Maron R. Uhazie 1120 S. Federal Highway Small scale Land Use Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and Rezoning from Office and Professional Commercial (C-1) to Neighborhood Commercial (C- 2) for a .73 acre parcel of land. Zoning Code Variance 2. PROJECT NAiVlE: AGENT: OWNER: LOCATION: DESCRIPTION: JOHN AND JUNE TRACH - SETBACK VARIANCE N/A John & .lune Trach 2623 Lake Drive North Request relief from Chapter 2-Zoning, Sec. 5, C.2.a., to construct an addition to the rear portion of an existing home allowing a six (6) foot setback on the south side and the north side of the property in lieu of the 7.5 foot side setback required by code. Zoning Code Variance 3. PRO_IECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: ZUHAIR MAROUF - LOT SIZE VARIANCE N/A Zuhair Marouf A portion of lots 4 & 5 of Sam Brown Subdivision Request relief from Land Development Regulations Chapter 2, Zoning Sec. 6.C.3. to allow development of a car wash facility on a 9,908 sq. ft parcel in lieu of the :[5,000 sq. ft minimum lot area required by the C-3 Zoning district Regulations. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at beast twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Public Hearings (Continued): 4. PROJECT NAME: OWNER: LOCATION: DESCRIPTION: MANGROVE PARK SCHOOL (Old High School) City of Boynton Beach 125 East Ocean Ave. Staff report on demolition vs. rehabilitation. IX. XI. XlI. New Business: A. The Bruce Group: Presentation of design concept for proposed Boynton Beach promenade and adjacent marina project. Public Audience Other Adjournment' Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate ),our request. CONSULTANT AGREEMENT FEDERAL HIGI-DVAY CORRIDOR ZONING CODE V,B. THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and MICHELE MELLGREN & ASSOCIATES, INC., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms and conditions hereinafter specified. PROJECT DESIGNATION. Consultant is retained by City to perform services in connection with the project known as "FEDERAL HIGHWAY CORRIDOR ZONING CODE AMENDMENTS". SCOPE OF SERVICES. Consultant will prepare amendments to Chapter 2, Zoning, of the Code of Ordinances of the City of Boynton Beach to reflect the recommendations contained in the Federal High~vay Corridor Redevelopment Area Plan, hereinafter referred to as "Plan", as adopted by the City Commission on May 15, 2001. Specifically, Consultant will first create regulations for a CBD "light" or "low" district that will apply to planning areas II and IV as identified in Plan; will next create a CBD "high" that will apply to planning area HI as identified in Plan; and, will then create amendments that will implement the regulations concerning single family areas along the Intracoastal Waterway as recommended in Plan. Consultant will review and revise ancillary, related portions of the Code, as appropriate, that may include, for example, parking and other types of standm'ds. Consultant agrees to perform these services, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notification from City to Consultant to proceed. Consultant shall perform all services and provide all work products required by 60 days from the date of written notice to proceed, unle~ ss an extension of such time is granted in writing by City. 4. PAYMENT. Consultant shall be paid by City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall on an hourly basis of $125 per hour with the total amount not to exceed $9,990. Consultant may submit invoices to City once per month during the progress of the work for partial payment for the project completed through that date. Upon approval of the invoice by City, payment will be made to consultant in the amount approved. Final payment of any balance due Consultant of the total contract price earned will be made promptly upon City's ascertainment and verification by City after the completion of the work under this agreement and its acceptance by City. Payment as provided in this section shall be full compenSation for work performed, services rendered and for all materials, supplies, equipment and incidental necessary to complete the work. Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 0.~/Z6,'O1 14; 4o FAX 9547829i2Z_ .}! 3IELLGRE~'&A$$OC OWNEP,.SH~ AND USE OF DOCUMENTS. Ali documcms, patents, copy'rights, drawin§s, specifications ~nd other mater/als produced or secured by the ConsuItant in connection with the services rendered under this agreement shall be the property of the City, without the payment of an additional fcc, whether the pro3 eot for wb./ch they are made is executed or not. The Consultant shall be permkted to ~¢m/n cop/cs, Lncludin8 r~?roducible copies, of draw/rigs ~ad specifications for information, refcrenc~ and use in connection with Consultam's endeavors. COh,fPLLANCE WITH LAWS. Consultant shall, tn per,btm/rig the service contemplated by this' service agreement, faithfially observe and comply with all federal, state and local laws, ordinances and regulations that are applicable ~o the services to be rendered under this agl'¢¢ment. hN'DEMNIFICATION. Consultant shall inderrmify, del'end and hold harmless the City, irs office~, aSeats and employees, from and against any axed ali claims, to~ses or liability, or a_ny portion thereof, including attorneys £eea and cosrs, ari~g from injury or death ro pert. on~, ~ncluding Lnjur/es, sh. ckncss, disease or death to Consultant's own employees, or damage to property occasioned by a noglig~nt act, omission or failure cf the Co nsultant. INSURA2qCE. It shall be the responsibility ot the s'acce~sful proposer ~o maintain workers' compensation ins'ara,ncc, property damage, liability msaranc~ and vekicular liability insurance, alu.flag the duration o£th/s contract The Consultam shall secure a.ud rnamt~ in force, throughout the dutat/on o£this contract comorehensive general and automobile lfabiLky insurance with a m/nJmum coverage of $1,000,00~ per occurrence and $1,000,000 aggzegate for per~on~ injury; a.nd Is000,000 per occurrenc~daggregav, for ~ property damage md professional liabilii7 insurance in ~he amountof$,,OgO, O00.' ~a¢ con~ultant shall secure and maintain in force throuEhout the du.ragon of th/s contr¢ct Worker's Compcraation insurance, to $~atutory 1/mits. Said general liabiI/ry ln~licy shall, name thc City o£Boymon Beach as an ~ddigonal named in~ured and Shall inclU& a provision vroh/bi~fng emq. c¢llation of said policy except upon t~hi,'-ty (30) days prior-*-rirten notice to the ~ty. Said i.ns-ured compardes must be au~otizecl t~ do business in th~ State of YIorida and the City wi!! IiOt accept any company tha: has a rating less th~n t~+ in accordance ~o A M Best's K · .' ey Ra:ing guhde, latest echtion. E'4'DEPENDENT CONTRACTOR. The Consultam and the City agree that the Consultant is ~ independent contr~tor with respect to the services provided pursuant to t.h/s ~greem~nt. Nothir~ ~ tiffs a~eement shall be considered to create ~,~ relationship of employer and employee between the parties hereto. Neither Con~u!tam nor amy employee of Consultant ~hall be entitled to any benefits accorded City employe~s by vfl-rue of the services provided under this agreemenn The City zhal! not be responsible for with.holding .or otherwise d~,acting federal inzome ~ax or so¢£al seeu_dry or for ¢ont.tfibut/ag to the stat¢ industrial rt~,ar~ce program, otherwise ~sumhag ~e duties of an employer with re~pec, t to Con-~ullan:, cr any employee of Cons~t~t. 10. COVENA2NT AGAINST CONTINQENT FEES. Th~ Cor~ultanr wa. rraats &at he h~ not employed or ret~¢d ~u)' comp~uy or person, o~cr ~an a bona~d¢ employee wor~g solely ~r ~¢ Consults. t, ~o soIizir or sec~¢ ~s con~ac~ ~d ~;at he h~ not p~d or a~.=ed to pay ~y company or p~so& o~ ~ a bonafide employee wor~ng ~olely for ~e 'Consulter, m~y fee, co~ssion, p~c¢~tag¢, brokerage fee, g~ff¢, or ~y ot~et consideration contingent upon or re3u]tmg ~om the awed ar raging of this conk-act. For breach or ~ola~en of ~a CA-2 warranty, the City shall have the right to annul this contract without 1/ability or, in its discretion to deduct from the contract price or cenaideration, or otherwise recover, the full arnoun~ of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. D[SCRIM2NAT/ON PROHIBITED. The Consult;mt, with regard to the work performed by it under this agre~axxenk wilt not discr/minate on the grounds of race, color, national or/gin, relig/on, creed, age, sex or the presence of any physical or sensory, handicap in the selection and retention of employees or procurement of materials or suppEes. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by tki~ agreement without the express written consent of the City. !3. NON-WAIVER. Waiver by the City of a~.y provision of this agreement or any time limitation provided for in th5~ agreement shatl not constitute a waiver of any other provision. 14. TE~ATION. The City reserves the right to term;nato this agreement at any fime by g/ving ten (10) days written notice to the Consu/tant. In the event of the death of a member, partner or officer of the Con~ulm.nt, or any of it~ supervisory personnel assigned to the project, the surviving membem of the Con~ultant hereby agree to complete the work under the terms ~f t. b2~ agreement, if requested to do so by the City. Th/s sect/on ,hal! not be a bar to renegotiafions of this agreement betwe~-m surv'iving membvm of the Consultant and the CiW, if the City so chooses. DISPUTES. Any d/spate aris~g out of the terms or conditions of th/s agreement shall be adjud/eated within the courts of Florida. Further, t.h/s agreement ,ha/I be con~rrued under Florida Law. 16. NOTICES. Notices to the City o£Boynton Beach she21 be sent to the follow~g address: City oft3e>ynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Arm: Quintus Greene, Development D/rector Notices to Consultant shall be $~at ~.o the follow£ng address: Micheile Mellm'en & Associates 3_0~ $.3hr. 2m3.Stre_et Suite Ft. _Lauderdale, Florida :33312 ~04 CA-3 17. INTEGRATED AGREEMENT. This agreement, together wit attachments or addenda, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of ~--~4~ ,2001. CITY OF BOYNTON BEACH KURT BR£SSN£R CITY MANAGER BOYNTON BEACH, FL MICHELE MELLGREN & ASSOCIATES, INC. JUp~ ~ ~i 17:4~ ~R BANK OF AMERICA 561 838 239? TO 91561?42635? P.O1/OD V.A. Bank of America __ To-' ~ar~y: lone ~er: Number: Fax Sheet "- From: Vanessa CLva~e2o Oommer~ial Banking_ Department: Telephone Number: 561.838-2252 Fax Number: 561-838-2325 If transmission problems occur, pie-se call pages (~) Includes cover sheet Fraa at 561.838-2245 The £oliowing information conmlns re=tricted, confidential, anWor per=onal p~vate in{ormafinn intended only ~or the designamd redpienc If~u are not the designated redpient please ensure direct de~ve~. Do no~ read or copy the tex[: to do so wo~d be in ~olation of Bank of~e~ca Infatuation Secu~ty PoUcy. if you have received this communication in egor, please aoti~ us immediately by telephotos 704.386.~321 (c~Hect). Thank you. Boynton CRA 17:48 FR BANK OF AMERICA 561 838 239? TO 915617426357 06/06/2001 P.02/09 Page 1 Compound Period - Semiannual Nominal Annual Rate ...: 5.300. % Effective Annual Rate .. :~ %--"~ Periodic Rate .............. :"--'-276500 % Daily Rate .................. ' 0.01452 % 15-¥/'. CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 06/06/2001 3,000,000.00 1 2 Payment 12/06/2001 146,214.95 30 Semiannual 06/06/2016 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 06106/2001 I 12/06/2001 146,214.95 79,500.00 2001 Totals 146,214.95 79,500.00 66,714,95 66,714.95 2 06/06/2002 146,214,95 77,732.05 68,482.90 3 12/06/2002 146,214,95 75,917,26 70,297.69 2002 Totals 292,429.90 153,649.31 138,780.59 4 06/06/2003 146,214.95 74,054.37 72,160.58 5 12/06/2003 146,214.95 72,142.11 74,072.84 2003 Totals 292,429.90 146,196.48 146,233.42 6 06/06/2004 146,214.95 70,179.18 76,035:77 7 12/06/2004 146,214.95 68,164.23 78,050.72 2004 Totals 292,429.90 138,343.41 154,086.49 8 06~06/2005 146,214.95 66,095.89 80,119.06 9 12/06/2005 146,214.95 63,972.74 82,242.21 2005 Totals 292,429.90 130,068.63 162,361.27 10 06/06/2006 148,214.95 61,793.32 84,421.63 11 12/06/2006 146,214.95 59,556.14 86,658.81 2006 Totals 292,429.90 121,349.46 171,080.44 12 06/06/2007 146,214.95 57,259.69 88,955,26 13 12/06/2007 146,214,95 54,902.37 91,312.58 2007 Totals 292,429.90 112.162.06 180,267.84 14 06/06/2008 146,214.95 52,482.59 93,732.36 15 12/06/2008 146,214.95 49,998.68 96,216.27 2008 Totals 292,429.90 102,481.27 189,948.63 3,000,000.00 2,933,285.05 2,864,802.15 2,794,504.46 2,722,343.88 2,648,271.04 2,572,235.27 2,494,184.55 2,414,065.49 2.331,823.28 2,247,401.65 2,160,742.84 2,071,787.58 1,980,475.00 1,886,742.64 1,790,526.37 Boynton CRA Date 2001 17:48 FR BANK OF AMERICA 561 Payment 838 239? TO S15617426357 P.03/09 06/0612001 Page 2 Interest Principal Balan ce 16 06/06/2009 17 12/06/2009 2009 Totals 18 06/06/2010 19 12_/06/2010 2010 Totals 20 06/0612011 21 12/06/2011 2011 Totals 22 06/06/2012 23 12/0612012 2012 Totals 24 06/06/2013 25 12/06/2013 2013 Totals 26 06/06/2014 27 12/06/2014 2014 Totals 28 06/06/2015 29 12/06/2015 2015 Totals 30 06/06/2016 2016 Totals 146,214.95 1.46,214.95 292,429.90 146,214.95 146,214.95 292,429.9O 146,214.95 146,214.95 292,429.90 146,214,95 146,214.95 292,429.90 146,214.95 146,214.95 292,429.9O t46,214.95 146,214.95 292,429.90 146,214.95 146,214.95 292,429.90 146,214.95 146,214.95 47,448.95 44,831.65 92,280,60 42,144.99 39,387.14 81,532.13 36,556.20 33,650.24 70,206.44 30,667.28 27,605.27 58,272.55 24,462.11 21,235.66 45,697.77 17,923.71 14,523.99 32,447.70 11,034.18 7,451.89 18,486.07 3,774.62 3,774.62 98,766.00 101,383.30 200,149.30 104,069.96 106,827.81 210,897.77 109,658.75 112,564.71 222,223.46 115,547.67 118,609.68 234,157.35 t21,752.84 124,979.29 246,732.13 128,291.24 131,690.96 2§9,982.20 135,180.77 138,763.06 273,943.83 142,440.33 142,440.33 1,691,760.37 1,590,377.07 1,486,307.11 t.379,479.30 1,269,820.55 1,157,255.84 1,041,708.17 923,098,49 801,345.65 676,366.36 548,075.12 416,384.16 281,203,39 142,440.33 0.00 Grand Totals 4,388,448.50 1,386,448.50 3,000,000.00 IUN OG 2001 17:48 FR BANK OF AMERICA Boynton CRA 561 838 2399 TO ~9~I5617426357 06~06/2001 P. 0~/09 Page 1 Compound Period ....... .' Semiannual Nominal Annual Rate ...: 7.150 % Periodic Rate .............. Daily Rate .................. : 0.01959 % CASH FLOW DATA Event Start Date Amount Number Period 1 Loan 06/06/2001 3,000,000.00 1 2 Payment 12/06/2001 164,650.32 30 Semiannual End Date 06/06/2016 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest P rincipal Balance Loan 06/06/2001 I 12/06/2001 164,650.32 107,250.00 2001 Totals 164,65(].32 107,250.00 57,400.32 57,400.32 3,000,000.00 2,942,599.68 2 06106/2002 164,650.32 105,197.94 59,452.38 3 12/06/2002 164,650.32 103,072.52 61,577.80 2002 Totals 329,300.64 208,270.46 121,030.18 2,883,147.30 2,821,569.50 4 06/06/2003 164,650.32 100,871.11 63,779.21 5 12/06/2003 164,650.32 98,591.00 66,059.32 2003 Totals 329,300,64 199,462.11 129,838.53 2,757,790.29 2,.691,730.97 6 06/06/2004 164,650.32 96,229.38 68,420,94 7 12/06/2004 ,164,650.32 93,783.33 70,866.99 2004 Totals 329,300.64 190,012.71 139,287.93 2,623,310.03 2,552,443.04 8 06/06/2005 164,650.32 91,249,84 73,400.48 9 12/06/2005 164,650.32 88,625.77 76,024.55 2005 Totals 32.9,300.64 179,875.61 149,425.03 2,479,042.56 2,403,018.01 10 06/06/2006 164,650.32 85,907.89 78,742.43 11 12/06/2006 164,650.32 83,092.85 81,557.47 2006 Totals 329,300.64 169,000.74 160,299.90 2,324,275.58 2,242,718.11 12 06/0612007 164,650,32 80,177.17 84,473.15 13 12/06/2007 164,650.32 77,157.26 87,493.06 2007 Totals 329,300.64 157,334.43 171,966.21 2,158,244.96 2,070,751.90 14 06106/2008 164,650.32 74,029.38 90,620.94 15 12/0612008 164,650.32 70,789.68 93,860.64 2008 Totals 329,300.64 144,819.06 184,481.58 1,980,130.96 1,886,270.32 JUN OG 2001 17:49 FR BANK OF AMERICA 561 838 239? TC ~915617426357 06/06/2001 P. 05×09 Page 2 Boynton'CRA Date t6 0610612009 17 12106/2009 2009 Totals payment 164,650.32 164,650.32 329,300.64 18 06/06/2010 19 12/06/2010 2010 Totals 164,650.32 164,650.32 329,300.64 20 06/06/2011 21 12/06/2011 2011 Totals 164.650.32 164,650.32 329,300.64 22 06106/2012 23 12/06/2012 2012 Totals 164,650.32 164.650.32 329,300.64 24 06/06/2013 25 1210612013 2013 Totals 164,650.32 164,650.32 329,300.64 26 06/06/2014 27 12/06/2014 2014 Totals 164,650.32 164,650.32 329,300.64 28 06/06/2015 29 12/06/2015 2015 Totals 164,650.32 164,650.32 329,30O.64 30 06/06/2016 2016 Totals 164,650.32 164,650.32 Grand Totals 4,939,509.60 Interest 67,434.16 63,958.69 131,392.85 60,358.96 56,630.54 116,989.50 52,768.84 48,769.07 101,537.91 44,626.32 40,335.46 84,961.78 35,891.21 3t ,288.07 67,179.28 26,520.37 21,582.22 48,102.59 16,467.54 11,170.00 27,637.54 5,683.03 5,683.03 1,939,509.60 Principal 97,216.16 100,691.63 197,907,79 104,291.36 108,019.78 212,31t.14 111,881.48 115,881.25 227,762,73 120,024.00 124,314~86 244,338.86 128,759.11 133,362.25 262,121.36 138,129.95 143,068.10 281,198.05 148,182.78 153,480.32 301,663.10 158,967.29 158,967.29 3,000,OOO.00 Balance 1,789,054.16 1,688,362.53 1,584,071.17 1,476,051.39 1,364,169.91 1,248,288.66 1,128,264.66 t,003,949.80 875,190.69 741,828,44 603,698.49 460,630.39 312,447.61 158,967.29. 0.00 JUN 8B 2001 17:49 FR B~K OF AMERICA ~'-~nt0n CRA Compound Period ....... ' Nominal Annual Rate ...: Effective Annual Rate ..: Periodic Rate .............. : Daily Rate .................. : 561 838 239? TO ~gl5617426357 06/06/2001 Semiannual 5.3OO 0.01452 % Page 1 CASH FLOW DATA Event Start Date Amount 1 Loan 06/06/2001 3,000,000.00 2 Payment 12/06/2001 195,178.67 Number Period End Date 1 20 Semiannual 06/06/2011 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 06/06/2001 t 12/06/2001 195,178.67 79,500.00 2001 Totals 195,178.67 79,500.00 115,678.67 115,678.67 3,OOO,0OO.OO 2,884,321.33 2 06/06/2002 195,178.67 76,434.52 118,744.15 3 12/06/2002 195,178.67 73,287.80 121,890.87 2002 Totals 390,357.34 149,722.32 240,635.02 2,765,577.18 2,643,686.31 4 06/06/2003 195,178.67. 70,057.69 125,120.98 5 12/06/2003 195,178.67 66,741.98 128,436.69 2003 'Totals 390,357.34 136,799.67 253,557.67 2,518,565.33 2,390,128.64 6 06/06/2004 195,178.67 63,338.41 131,840.26 7 12/06/2004 195,178.67 59,844.64 135,334.03 2004 Totals 390,357.34 123,183.05 267,174.29 2,258,288.38 2,122,954.35 8 06/06/2005 195,178.67 56,258.29 138,920.38 9 12/06/2005 195,178.67 52,576.90 142,601.77 2005 Totals 390,357.34 108,835.19 281,522.t5 1,984,033.97 1,841,432.20 10 06/06/2006 195,178.67 48,797.95 146,380.72 11 12/06/2006 195,178.67 44,918.86 150,259.81 2006 Totals 390,357.34 93,716.81 296,640.53 1,695,051.48 1,544,791.67 12 06/0612007 195,178.67 40,936.98 154,241.69 13 12/06/2007 195,178.67 36,849.57 158,329.10 2007 TotaJs 390,357.34 77,786.55 312,570.79 1,390,549.98 1,232,220.88 14 06~6/2008 195,178.67 32,653.85 162,524.82 15 12/06~008 195,178.67 28,346.95 166,831.72 2008 Totals 390,357.34 61,000.80 329,356.54 1,069,696.06 902,864.34 JUN DS 2DO1 i7:49 FR BANK OF AMERICA -~'o~/ntc~n CRA 561 838 239? TO 91561?42635? 06106/2001 Date Payment Interest Principal __ Balance -' 16 06/0612009 195,178.67 23,925.91 171,252.76 731,611.58 17 12/06/2009 195,178.67 19,387.71 175,790.96 555,820.62 2009 Totals 390,357.34 43,313.62 347,043.72 18 06/06/2010 195,178.67 14,729.25 180,449.42 375, 371.20 19 12/06/2010 195,178.67 9,947.34 185,231.33 190,139.87 2010 Totals 390,357.34 24,676.59 365,680.75 2O 06/06/2011 2011 Totals Grand Totals P. 0?/09 Page 2 195,178.67 195,178.67 3,903,573.40 5,038.80 5,038,80 190,139.87 0.00 190,139.87 903,573.40 3,000.000.00 JUN 06 2001 17:49 FR BANK OF AMERICA Boynton CRA Compound Period ....... : Semiannual Nominal Annual Rate ... · .~/~ Effective Annual Rate .. ' Periodic Rate .............. · Daily Rate .................. : 0.01863 % 561 838 239? T0~9.15617426357 06/06/2001 P.08/09 Page 1 CASH FLOW DATA Event Start Date Amount Number Period I Loan 06/06/2001 2 Payment 12/06/200t 3,000,000.00 1 209,177.79 20 Semiannual End Dat~ 06/06/2011 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 06/06/2001 1 12/06/2001 209,177.79 102,000.00 2001 Totals 209,177,79 102,000.00 107,177.79 107,177.79 3,000,000.00 2,892,822.21 2 06/0612002 209,177.79 98,355.96 110,821.83 3 12/06/2002 209,177.79 94,588.01 114,589.78 2002 Totals 418,355.58 192,943.97 225,411.61 2,782,000.38 2,667,4t 0.60 4 08/06/2003 209,177.79 90,691.96 118,485.83 5 12/06/2003 209,177.79 86,663.44 122,514.35 2003 Totals 418,355.58 177,355.40 241,000,18 2,548,924.77 2,426,410.42 6 06/06/2004 209,177.79 82,497.95 126,679.84 7 12/06/2004 209,177.79 78,190.84 I30,986.95 2004 Totals 418,355.58 160,688.79 257,666.79 2,299,730.58 2,168,743.63 8 06/06/2005 209,177.79 73,737.28 135,440.51 9 12/06/2005 209,177.79 69,132.31 140,045.48 2005 Totals 418,355,58 142,869.59 275,485.99 2,033,303.12 1,893,257,64 10 06/06/2006 209,177.79 64,370.76 144,807.03 11 12/06/2006 209,177.79 59,447.32 149,730.47 2006 Totals 418,855.58 I23,818.08 294,53%50 1,748,450.61 1,598,720.14 12 06/06/2007 209,177.79 54,356.48 154,821.31 13 12/06/2007 209,177.79 49,092.56 160,085.23 2007 Totals 418,355.58 103,449.04 314,906.54 1,443,898.83 1,283,813.60 14 06/06/2008 209,177.79 43,649.66 165,528.13 15 12/06/2008 209,177.79 38,021.71 171,156.08 2008 Totals 418,355.58 81,671.37 336,684.21 1,118,285.47 947,129.39 I I JUN 06 2001 17:50 FR BANK OF AMERICA 56i 838 2~97 TO 915617426~57 P.09×09 06/06/200t Page 2 Boy'nton CRA Date Payment · 16 06~06~2009 209,177.79 17 12106/2009 209,177.79 2009 Totals 418,355.58 Interest Principal Balance 32,202.40 176,975.39 770,154.00 26,185.24 182,992.55 587,161.45 58,387.64 359,967.94 18 06/06/2010 209,177.79 19,963.49 189,214.30 397,947.15 19 1210612010 209,177.79 13~530.20 195,647.59 202,299.56 2010 Totals 418,355.58 33,493.69 384,861.89 20 06/06/2011 209,177.79 6,878.23 2011 Totals 209,177.79 6,878.23 Grand Totals 4,183~555.80 1,183,555.80 202,299.56 0.00 202,299.56 3,000,000.00 TOTAL F~'AGE. 89 z~ M.A. O~ 0 0 o~ c- m~ t'- 0 o o ~ 0 0 ~o V.Ai 7 Members Four 4-year Terms One 3-year Term One 2-year Term One ].-year Term COMMUNITY REDEVELOPMENT AGENCY LAST NAME FIRST EXPIRES ADDRESS PROFESSZONAL NAME ASSOC]:AT1~ON Aguila lose 6/20/04 800 SW Ist CT Robert G. Currie & Assoc., Inc. Boynton Beach 33426 134 NE 1st AVE ) (561) 737-8894 Delray Beach, FL 33~?. 4 yr. term (561) 276-495[ DeMarco Alexand 6/20/02 10817 QUAIL COVEY RD An,ida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102  er (561) 732-6789 Boynton Beach, FL 33426 2 yr. term (56[) 736-2400 Ext. 107 1/i0/02 2556 SW 23~° CRANBROOK Edward 3ones & Company Fenton Don DR 90~. N Congress Avenue, Ste 8-101  BOYNTON BEACH 33436 Boynton Beach, FL 33426 1 yr. term (561) 737-0793 (561) 737-1442 Finkelstein Larry 1/10/05 4295 ST ANDRE%NS DRIVE Lamar Real I Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 ~(~ (561) 375-8807 Beynton Beach, FL 33435 4 yr. term (561) 736-9790 Chair Heavilin~ 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) ~ 532 E Ocean Avenue BOYNTON BEACH 33424 8oynton 8each, FL 33435 4 yr. term C561) 731-4474 (561) 738-6613 i//ce Cha/r Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. ~ (561) 736-8668 100 NW 1st Avenue 3 yr. term Delray Beach, FL 33444 (56[) 243-7040 Tillman Henders 1/10/05 54 BENTWA~R CIA Spanish River High School BOYNTON BEACH 33426- 5100 3og Road on Boca Raton, FL 33496 7646 4 yr. term (561) 965-6776 (561) 24~-2200 05/31/2001 1~.:59 AM COMMUNITY REDEVELOPMENT AGENCY Saturday, 3une 9, 2001 Conference Rm C Boynton Beach 9:00 A.M. IL Call to Order ZZ. Workshop: A. Funding Issues B. Promenade Update C. Goals and Objectives (Cont.) ];V. Lunch V. Workshop (cont.) VZ. Public Audience Will Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Harm at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. CRA Outline 1. Sources of Funding a. City b. State pool c. local banks d. balance of visions funds e. grants f. fee in lieu on parking (goes to Parking Authority?) 2. Uses ot~ Funding a. acquire land for parking (income) b. acquire land for development c. gateway feature at 1-95 & BBB d. design plans 3. Port Promenade/Boynton Beach Blvd. extension a. transfer funds to the CRA ($1,615,802 total*) b. work with Marina developer on design c. acquire property, if necessary (Relax Inn and Hall) d. find all available grants 4. Riverwalk a. qualify consultant b. begin design c. acquire property if necessary~ (Reese) d. find all available grants 5. Gateway Feature Obtain plans from Parks Dept., design, bid, FDOT, approve and build 6. Parking Authority Develop resolution to make the CRA Board the Parking Authority for the CRA area. Acquire land for parking ~ Church, railroad, Relax Inn, etc. 7. Boynton Beach Blvd. Obtain plans from Parks, seek meeting with FDOT, design, approve, bid and build (see 6 above). Discuss color of light poles. * parking fronds can be used t° acquire Relax inn and railroad property, both to be used for temporm'y surface parking CRA Projects 1. Acquire.funding. Identify sources - Draft sources and uses plan 2. IdentifF Core area - SE 2nd Ave on the south, NE 3rd Ave on the North, Federal Highway on the east (ICWW?), Seacrest Blvd. on the west and a thangle parcel bordered by Federal Highway on the east, FEC RR on the west, Boynton Beach Blvd. on the south and Martin Luther King, Jr. Blvd. on the north. 3. Assemble/purchase property - emphasis on the core area but consider opportunities as they arise in other areas of the CRA. Annexation - Research and promote the annexation of the county pocket at the southern border of the CRA and contiguous to the City limit and expand the existing CRA to include this area. Bovnton Beach Blvd. Promenade - Take on oversight of this project. Transfer funds from City budget. Hire/qualify- Consultants and/or negotiate with Marina Developer. Acquire property as necessary. Seek all available Grants. RiverwalI~ - Take on oversight of this project. Hire/qualify consultants. Acquire property as necessary. Seek all available Grants. The City Mgr. reports there is $991,000 still available from the Promenade set-aside and $624,801.48 still available from the parking set aside. Have these funds transferred to the CILA_ for projects 3, 5, 6, & 10. 7. Character & Design Gtddeiines - Identify a character for the core area. 8. Gateway Feature - Develop ideas for a realistic entry gateway feature at the intersection of 1-95 & Boynton Beach Blvd. Get the intersect.~on improvement plans from Parks Dept, locate possible site and seek approval from DOT. 9. Post Office - Talk to the post office about moving or upgrading their property at Seacrest and Boynton Beach Blvd. Perhaps moving to "Tow~ Center". 10. Parking Authority - Establish the CRA as the Parking Authority. Acquire land for surface parking that can later be used for a parking garage. 11. Bol;nton Beach Blvd. - Plan and discuss with FDOT adding a median, landscaping and lighting to the Blvd. (similar to Ocean Avenue). 12. Update Federal Highway Corridor Comprehensive Plan and Zoning Regulations - Using the 2001 Federal Highway Corridor Study as a guide, work with staff and consultants to modernize the zoning regulations along the corridor to meet redevelopment needs. 13. Martin Luther King Boulevard Study - Working with start; public and consultants, review final results of this study and develop implementation strategies, which fall render the purview of the CRA. 14. Press Releases - Develop press release, utilize Visions News, Utility bill stuffers, Chamber's Horizon, City's media specialist, local newspapers, neighborhood .: meetings, etc. CRA Incentives Discuss Incentives Develop brochure Parking Discuss fees Develop Ordinance Sign Program Discuss program Discuss funding Discuss City/CRA JV Land Acquisition Program Budget Key parcels Land banking Funding LC reserves Riverwatk Pre-qualify consultants Develop RFP with budget Review submissions Chose consultants for formal presentation Formal presentations Hire consultant/designer Review design product RFP for GC/Bid package Choose builder Build Or Choose design professional to design project with CRA Board (Design, VE, construction drawings, GC bid package) Bid project Choose GC Build Promenade City Project Review progress Give input Design Guidelines BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CRA GOAL-S AND OBJECTIVES WITH 20/20 VISION CITY COMMISSIONERS Gerard Broening, Mayor Ronald Weiland, Vice Mayor Mack McCray Mike Ferguson Charlie Fisher Kurt Bressner CITY MANAGER (~~_~CTOR OF DEVELOPMENT/ Quintus Green ~-- CR CRA Larry Flnkelste~n ~- b~ ~ · / Henderson Tlllman .~ Michelle Hoyland ~:-Jeanne Heavilin x.[t~ Jose Aguila Alexander De Marco Don Fenton C R A Goals and Objectives CRA CRA To UNDERTAKE programs and projects to establish unique identity. To FORSTER economic growth and redevelopment. C R A To MAXIMIZE economic value. C R A To ENCOURAGE public activities. C R A To ESTABLISH appropriate land use. C R A To ASSURE adequate safe guards. C R A To ENCOURAGE mix use development. C R A To CREATE destination atmosphere. C R A To FORMULATE redevelopment strategies. C R A To ENHANCE the visual appearance of the community. .CRA CRA To PROTECT community character. To PROVIDE for adequate housing. The Community Redevelopment Agency ( C R A) was adopted in/~ugust 1984. In March 2001 the Boynton Beach City Commission appointed seven prominent citizens in the community to serve on the C R A Board. The Boynton Beach 20/20 Redevelopment Master Plan and the C R A Board are in general agreement in their objectives for redevelopment and development (3f the downtown corridor and surrounding neighborhood. The C R A District boundaries are from the northern most area ( GATE WAY BOULEVARD ) easternmost area ( INTER COASTAL WATER WAY ) to westernmost area ( INTERSTATE HWY- 1-95.) Both the C R A Plan and the 20/20 Plan calls for mix use development projects, the need for downtown corridor development to encourage pe destrian orientation destination, stressing the importance of downtown parking and adequate police visibility, to create a safe pedestrian environ~ ment. A positive vision the future of Boynton beach. DELRAY CRA INCENT[VE$ CRA Business Assistance P~'ograms Subsidized Loan Program: The CRA subsidized loon program was originally developed in 1990 as an incentive for property owners to upgrade the appearance of their properties. Working with lenders, the CRA provides funding to "buy down" interest, thus providing subsidized interest loans for businesses. In 1992 the program was expanded to include loans for the creation of new businesses and interior modifications to existing structures to accommodate new businesses. Historic Facade Easements: The-CRA'. provides financial assistance for owners of historic structures to maintain and improve those structures in the form of Historic Fac;ode Easements. To take advantage of a Historic Fac;ode Easement, the property owner sells an easement over the fac;ode of the structure to the CRA, giving the agency control of the appearance of the fac;ode. Tn exchange for that control the CRA provides the property owner funding assistance for renovations to the fac;ode. ]:n order to qualify for Historic Fac;ode Easements, property owners must designate their structures to the Local Register of Historic Places. Business Development Program: This program was established by the CRA to help foster the establishment of new businesses in the RedeVelopment Area. The program helps subsidize start up costs for new businesses by providing rental subsidies for the first year of long-term leases and other expenses such as: [] utility deposits [] advertising signs [] licenses [] legal assistance Site Development Assistance Proqram.: This program provides limited CP.A funding in the form of grants or loans to cover land development costs associated with new development or redeVelopment. The program helps subsidize costs of site development such. as site design and engineering (Excerpted from De/ray Communitk' Redevelopment Plan) ~'I3HROA TA ICily lair lAdrnin~$tnation ICRA I OELRA Y CRA -TNCEN17b~ES, doc Date Subject: Development Incentives The City of 8oynton Beach is aggressively pursuing business development. Redevelopment of existing commercial and residential properties is top pdodty, also. The City offe ~, a s~ variety of incentives w, ien there are mutual benefits. Boynton Beach has a Communib/ Redevelopment Agency (CRA) ~i~)pment in designated areas of the City. The largest sfngle~nt i~i~e CRA is Quantum Park. :1~., Fstta '.~ Per,g: Boyr~~h will accelerate the normal permitting ~ss~ acco~ate business schedute, assuming all zontng, cOde and ~?"' Cume.~'-tation has been accomplished or otherwise recondled 2. Waiver of permit-ting fees, 3. Temporary tax abatement. Infrastructure investment. 5. Cooperative attitude. Incentives are directly linked to job creation, needed sen4ces, cultural and recreational attractions, beautification and long-term tax base improvement, All incentives offered must be approved by the City Commission, (The Commission also serves as the Communib/ Redevelopment Agency.) j:*~sh, rdata\cc\wp\suppod: servtc~s\~',oomlc dev~opment incentives,doc 2B THE PALM BEACH POST THURSDAY, MARCH 25,1999 s After five years without one, Riviera finally bags a market By Nexandra Navarro Clifton Palm Beach Post Staff Wn'ter RIVIEi~& BEACH In a county where suburban sprawl seems to spawn a giant Publix or Albertsons on every corner, this city has gone without a super- market for five years -- until now. Wednesday's grand opening of a Save-a-Lot discount food store in the Island Plaza at 3000 Broadway means city residents won't have to go out of town for essentials such as milk and bread. Neighbors Marie Girard and Helen Rodic, both in their 90s, have been taking a bus to a Palm Beach Gardens Publix twice a week. "When I moved m Riviera Beach 40 years ago, there were three grocery stores," Rodic said. "For so many years now, we've had nothing." Discount Foods of Florida, the Lake Worth company li- censed to operate Save-a-Lot franchises in Florida. opened its first store in Lake Worth in 1997. Its success convinced ownerTom Dabill to open another in Riviera Beach. 'q'he city's CRA director, John Green, really helped make this happen," Dabill said. "We're ex- MARK HEMPHtLL/Staff Artist cited to be here and serve this community." Dabill said that 24 of the new store's 27 employees are Riviera Beach residents. Because the store is in the city's Community Redevelop- ment Di strict, Dabill was able to apply for a zero-interest con- si:ruction loan to renovate the 17,300-square-foot building. The CRA will pay about $25,000 in in- terest over five years on the S80,000 loan, Green said. Publix operated from the same building from 1959 to 1990. It left, saying it needed more space. Pantry Pride immediately bought the building but didn't stay long. Riviera Beach briefly thought it might get an Albertsons after a black man accused of shoplifting a toothbrush and toothpaste was choked to death during a struggle with Albertsons employees in Dekay Beach in August 1995. Local civil-rights groups institut- eda boycott, which contributed to a promise by the Idaho-based chain to study the feasibility of opening a Riviera Beach store. So the city has gone without, forcing people like Debra Ben- nett to drive to West Palm Beach to shop for her husband and three children. 'q~ais is going to be great," Bennett said Wednesday. "I have 25 people coming from Tallahas- see and I can get all my shopping done close to home." Save-a-Lot has no frills. Among the items shoppers won't find: lottery tickets, alcohol and cigarettes. The store has no deli or bakery, although baked goods are brought in daily. Another feature that will catch customers' attention -- no com- plimentary bagging. A sturdy, self-service counter and piles of boxes and plastic bags await shoppers once their groceries go through one of the four checkout registers. S C ii' would turn Mandates' OWHTOWN Fr&m lB >Downtown already bustles with'restaurants, shops and offic- es'.. But officials worry that its success is superficial. - '~-ithout homes, shoppers cbtild vanish during tough times. ~iousands of people living there w6u!d be likely' to spend money 24 h'ours a day. ~Furthermore. the cky per- shffded county lawmakers in 1997 to. exempt downtown from traffic limits in return for doubling the re!tuber of homes to 5.600 within 15 x.ears. .But even with Ci~Place, a mix of r_et2il~ stores and .apartments, open- mg more than 600 residential units. the _city is lagging, netting only 1.773 planned or com- pleted homes. Parr of the reason is that residential develop- ers can find cheaper and uncluttered land in the suburbs. allowing them to charge lower rents. "Parking and height restric- tions have been the obstacles to overcome in downtown," said de- veloper Bruce Rending. "Parking costs about S15,000 per space, and the city's five-story limitation doesn't help. It drives up what you can charge in rent. A taller build- ing allows the developer to sprefid the cost over more usable squa/-e feet." So since early last year city officials have have been devising a package of enticements that would clear ar least some of the obstacles thwarting downtown d_ev_e!opers. The city's package includes allowing eight-story buildings, spending tax money to pay for 75 percent of the cost of a parking garage and using the Community Redevelopment Agency's powers of eminent domain to help devel- opers acquire land. Commissioners endorse the idea of creating incentives to re- vive the wasteland between Olive Avenue and Quadrille Boulevard as a way to weld CityPlace and Clematis Street. Between the raves, however, some commissioners quibble with the details of the required design guidelines. ~aose include emphasizing the Mediterranean Revival style and requiring a set of colors ranging from white to light shades of red and yellow in new construction. "I'm gravely concerned about the architectural - ~ - guidelines," said 'Let's not be naive Commissioner Mary Branden- and think that burg. "It says that developers, left to the city's preferred architectural style their own devices, is Mediterranean wilt do the right Revival. Who says? thi~'lg.' That's a blanket statement I think DAN CAR? ~ve need communi- Plann ng department ty input to decide. director This sounds like something that would turn us into Boca." Brandenburg also criticized a requirement that any new build- ing bear a plaque engraved with the names of its architect, builder and the year of its construction. 'q'hat's crap," Brandenburg said. "I cannot imagine requiring a plaque. I can see how an archi- recr would want that." "It's nor crap," said Joe Mini- cozzi, the city's urban designer. 'q"nis isn't just. us sniffing glue upstairs. There's a precedent for requiring a plaque on buildings. New York requires it. San Fran- cisco does, too. It puts pride on the building." Standing firm, city planners defend the design requirements as necessary to prevent an un- regulated building boom that could result in an unsightly and sprawling array of buildings. "Let's not be naive and think that developers, left to their own ' B us rotc ccd approve the builders to construct up to eight stories ~ stories higher than the present code allows; paying up to 75 percent for parking; and using the city's eminen~ domain powers to seize land. devices, will do the right thing," said Cary, the planning director. 'Tou can't be eclectic so that what you create is a hodgepodge." Daves said: "It's rime for us have some guidelines. We've got everything in tine world down- town. We have black buildings, pink buildings, white buildings. These guidelines require some distinctive architectural work. STAFF GRAPHI( Without that, we'll have more of what we got, and most of what we've got is undistinctive." Commissioner Bill Moss wants guidelines, but with some flexibility. "I want this to get through," said Moss. "I don't want ir'to get hung up on whether or not there's a placard on a building." > michae,_yan_s~ckler@p~ost.com Delray Beach weighing dowm x. ~rking garage Page 1 of 2 PAGE'~ NEWS SPOki-S BUSINESS FEATURES ~ Classifieds Posted: 1:33a.m. Mar. 31 1998 Delray Beach weighing downtown parking garage By BRAD BENNETT Staff Writer DELRAY BEACH -- Diana Panks knows what customers will say before they walk into her family's beach clothing store on State Road A1A. First, they will ask for change so they can park at a meter, and then they will complain about how far they had to walk from their parking spot, Panks said. "Then they say, 'I'm never coming back to Delray Beach again because there's no place to park,' "said Panks, who recently joined 14 other beachside business owners to demand more parking spaces for customers. "We feel that we should have a parking garage," said Panks, president of the Beachside Business Joint Venture. Community Redevelopment Agency director Chris Brown is listening. Brown is drafting plans to create a 350-space downtown parking garage, possibly in the private lot behind Panks' South Ocean Beach Shop. But building a garage would cost millions of dollars. Neither the CRA nor the city has that kind of extra money right now. The city collects thousands of dollars from downtown business owners who cannot provide adequate parking. The idea is to use the funds to construct new parking spaces. But in its effort to keep up with downtown parking needs, the city already has spent most of the money to create as many new spaces as it could, ir~.c{uding a 130-space lot east of Old Scho~i Square. So after collecting more than $82,000 from businesses over the years, the city only has about $5,800 left -- a drop in the bucket, said Diane Hervey, Br~)wn's assistant. "Everybody wanted Delray to be successful." Dekay Beach weighing downtm,vn parking garage Hervey said. "Now it's successful and there's nowhere to park." Brown will present his plans for a garage to the Parking Management Advisory Board at its next regular meeting on April 28. The parking board may then recommend that the City Commission find a way to finance a parking garage, possibly through unpopular. measures like parking meters on East Atlantic Avenue or a bond issue that would raise taxes, CRA officials said. The next challenge would be finding a place for a new parking garage in a downtown already filled with thriving businesses. Brown is considering six possible sites, including two key parcels of land that already have buildings on them. One parcel includes a rundown hotel behind Boston's restaurant, and a set of condominiums behind the hotel. CRA officials also are considering talking with property owners in the shopping center a few blocks west of Boston's restaurant that includes Erny's restaurant. CRA officials said they might want to raze those buildings and construct the garage there. But right now, the idea of a garage is just speculation. Beachside business owners want something more substantial -- and soon. "The biggest negative where people don't want to come back is parking," said Brian Ollmert, owner of the Beach Market, a convenience store on East Atlantic Avenue near State Road A1A. "We need some kind of parking venue." ~'age z ot z Su~t-;~entinel Copyriaht © 1998., Sun-Sentinel Company and South Florida Interactive, Inc. SOUTH FLOR DA 'SOUTH F:LORID PAGE'~ NEWS SPORTS BUSINESS FEATURES ~ Classifieds Posted: 9:38 p.m. May. 17, 1998 Delray in bind over parking spaces By BRAD BENNETT Staff Writer DELRAY BEACH -- Tired of letting downtown developers get around parking requirements, the parking advisory board has recommended a halt to all "in-lieu" parking agreements east of the Intracoastal Waterway. Under those agreements, developers pay a $6,000 fee for each parking space they lack, with the number of required spaces determined by city ordinance. The size and use of a building determines how many spaces are required. The program was set up to raise enough money to establish parking, but has failed to do SO. As downtown parking becomes harder to find east of the Intracoastal, commissioners on Tuesday will consider last month's Parking Management Advisory Board recommendation for a six-month moratorium on "in-lieu" agreements. City planners say the halt could prevent future downtown development, and would restrict the City Commission's ability to decide when and where to approve such agreements. A moratorium would prevent firms that do not have enough parking from building or expanding. "Until some parking solutions can be resolved, the board felt that no further agreements should be made," wrote Bruce Gimmy, the parking board's vice chair, in a letter to City Manager David Harden. But senior planner Ron Hoggard disagreed. Halting fee agreements would not only limit new development, but could prevent building ovmers from changing the ways they use their property because parking requirements change with a building's use. More parking spaces are required in a building conve~ed from office space to retail, or from retail to restaurant. Hoggard is recommending that http://www, sun-senth~el, com/news/daily/detail/O, 1136,4000000000032247,O0.html 5/18/98 Sun-Sentinel 50 Li TH FLORIDA commissioners leave the fee structure in place while city staffers study the in-lieu fee ordinance and bring it up to date. Commissioners currentlY approve all in-lieu fee agreements on a case-by-case basis - a process Hoggard wants to keep. "It just gives us more flexibility," Hoggard said. "That's the basic thing. The City Commission can choose not to accept any of the in-lieu fee agreements." He said the city might want to consider raising the fees. Developers are allowed to pay the $6,000- per-space fee over a period of 10 years. Hoggard recommended that commissioners reduce the 10-year period, possibly requiring payment up front. Critics of the parking fee say it is a bandage solution that is not working. The fees go into a fund set up in 1984 to pay for parking spaces. In the 1980s, the fee was $2,500 per space, but that was increased to $6,000 in 1993. Even so, the $82,000 collected so far fails far short of what the city needs to provide adequate parking. A parking garage with 300 to 400 spaces could cost as much as $5 million to build, or $11,000 per space. So far, not all the money in the fund has gone to pay for parking spaces. The funds have provided parking studies and lighting, but fewer than 100 actual downtown spaces, according to Community Redevelopment Agency officials. There is only $5,800 available in the account, although the city expects another $32,000 in payments by September. Cm3vriqht 1998_, Sun-Sentinel Company and South Florida ~nteractive, inc. ~'age z o~ z http://www, sun-sent~el, com/news/daily/detail/O, 1136,4000000000032247,O0.html 5/! 8/98 Bo- , Beach ponders building welcome gateway The landscaping and sign would be placed at Interstate 95 and Boynton Beach Boulevard. By Shannon Colavecchio Palm Beach Post Staff Writer B OkLNTO N BEACH --City leaders trying ro improve Boynton Beach's image and lure people downtown want more than just a major roadwav's name to let motorists know they've ardved'~ Palm Beach County's third4argest city. z~ud Wen that about 200,000 people drive along Boynton Beach Boulevard or pass it along Interstate 95 every day, city officials have be~m.m ro ponder a 8500,000 "city gate- wa? ar n~e comer where northbound 1-95 e~ts onto Boynron Beach Boulevard. CiE; commissioners are considering two designs. One would cost about $504,000 and is modeled after"Old Florida" in its use of native landscaping such as Florida fig trees. ~qe other proposal is for a $'440,000 lushly land- scaped monumental sign with large columns -- modeled after the citVs original entry sign, built soon after the Boynton Beach's 1920 founding as the "Gateway to the Gulf Stream." The original sign, on Ocean .Avenue, would eventually be moved ro downtown, said Beau ?lease see GATEWAY, 5B Commission divided on spending for gateway Spurtock of the landscape archi- tectural firm, Kilday & Associ- ates. Either new sign would span more than 100 feet, induding landscaping that would be matched at a nearby median on Boynton Beach Boulevard. "The designs we've come up with could really put Boynton Beach Boulevard on the map," Jon S-c,hmidt, of Kilday & Associ- ates, told commissioners during a Community Redevelopment AgencT. meeting last week. "For the impact the city wants out there, something like this iS what you w~ant.'' In May, city officials asked Kilday to design a city'entrance. Commissioners saw the possibil- ities, including cost and the lengr~ of construction, for the first time Wednesday. 'q~ne concept is wonderful, mud it's something we really need ro do." Mayor Gerald Broening smd. stressing research is still needed on how ro pay for the en- ~¢way -- and whether to pay as much as Kilday is suggesting. "We need ro wait for staff to re- view- kb_is." Assistant City Manager Dale Sugerman said he and other staff will look into grant possibilities. "kf we can get S250,000 or $300.000 in grants, then the pain of half a million dollars is not so bad," Sugerman said. The city could apply for as much as $116,000 in grants fi.om the "Keep Palm Beach Beautiful" Bo onBeach Boynton Beach commissioners are considering two designs for a 'city gateway' on Boynton Beach Boulevard east of Interstate 95. One is aimed at creating an 'Old Florida' theme and would use native landscaping such as Florida fig trees. The '" other is a heavily landscaped monument sign with large columns, based on the city's original entrance sign built soon aCter Boynton Beach's 1920 founding. Monumental entry Old R'orida: entry program. Schmidt told commis- sioners. ~ commissioners ap- urove a design within the ne~ ~vo months, and if the review by the sram Depar~nenr of Trans- portat/on and contractor bidding process go smoothly, construc- tion could start by early 2001. Spurlock smd. CommAssioner Ronald Wei- land liked ;2ne designs but doesn't ,?cant to rash into such an invest- merit. "It wou2d be somer~ng aice for the cig- :o have when we have a liffie mc re development." he said, referS_'mg to scheduled projects such as the downtown marina. "A: uhis point. [ nhink it would be a Hr*de premature." Any si?~ would have to be MARK HEMPHILL/Staff Artist approved by DOT because the comer is in the agency/s right-of- way. Holiday Inn officials also have been told £~out the proposed en- ~n-yway because the sign would sir at the edge of their prope~y. Schmidt told commissioners that DOT officials have seen the two designs and expressed suppom Ci~ staff members are talking ~virh Holiday Inn about sharing landscape maintenance respons~- bihties because the sign and sur- rounding trees could enhance the hotel's ex-rerior as well. "Both of these are very good designs," Broening said Wednesday. "It ;vould be difficult to pick just one." ~1 shannon_cda,'ecchio@pbpost, com Delray Beach uses signs' of progress in downtown North American Precis Syndicate It's a sign of the times that even street signs are getting a facdJ~. Creating a user-friendly environment is a central aspect of downtown redevel- opm'ent, and an kfformative, communica- tive streetscape is one off ~e most hmpor- rant elements. *Good signing meets all Mnds of needs w aesthetics, economic vitaliV and user friendliness," said Bob Trescot~, executive director of Hodda Main Street. "It can even reduce air pollution by quickly and easity dkecting motorists ~o their destinations.' One Florida community that has signed on for such downtown rejuvena- tion is Dekay Beach. The city's redevel- opment progTam was designed to spruce up the Pineapple Grove-Main Street dis- trict and began with the area's street signs. Dekay Beach is the firs~ Florida corr.,- muniW to insmlt a directional signage system from Amsig-n CoEo. These signs are p~art of Guidance Pathways, an approach Amsign devel- oped to reduce 'dsual cluxer and confu- sion as well as establish an identity and continuity that conveys kfformation and creates a look and feet for an area. Made of durable engineering plastics from Bayer Corp., the De!ray Beach signs are graffiti resistant and have the ability to weather Florida's demanding climate, in- cluding tropical sun, high ~inds and salt air. Louis Waldmarm, Main Street m_an- ager for Dekay Beach, describes the plastic directional signs as "the most at- tractive and well-thought-out sig-nage sysmm I've seen" and said the feedback he's received from business people, resi- dents and tourists has bee2 very. positive. The De!ray Beach program -will even- really include decorative streetb~nps, Mder sidewalks, an amvalk and other streetscape elements. In the 1970s, the National Trust for Historic Preservation created the "Main Street" concept to spur downtown re, A- talization. Today, more dnan 40 states Photo courtesy of Amsign Plastic street signs are part of a rejuve- nation in downtown Delray Beach. have Main Street programs, and Florida Main Street is among the most active. Under t~he leadership of Trescom. FMS provides training and technical as- sistance to local organizations to help them re,Atalize their downtown and neighborhood commercial districts. Sip, ce 1984, the investments by the state of Florida and local communities have resulted in more than 3,000 projects that have created thousands of new jobs and businesses. Amsign is one of the few companies to initiate the use of engineering plastics for streetscape signage, and other Florida communities a~e considering incorporat- ing the company's plastic signing system into their revitalization efforts. "Tb, e downtown or neighborhood business district is the hem of a com- muni~," said Amsign CEO Richard GoI- ber, "and an attractive, user-fl4endly sig- nage system contributes to a district's overa~ vitality." For more information, call (800) 628-8374. DYNTO!N PLeA / ~-~o~,o~ i r--] City'of !goynton '~,, '? 1.~ ~'~. ~J --- ~ ~ i.~ ...... -- ~llt/ ,ti// -- ~L %.:.. ,i NO. 306596 CiTY OF WEST PALM BEACH NOTICE OF A ZONING CODE"rEXT AMENDMENT - NOTICE IS HEREBY GIVEN that the City Commission of the Ch"y of West Palm Beach, Fbrida wil/hold a PUBLIC Ordinance No. 3,4,31-01: A city-initiated request to amend Article IV Downtown West Palm Beach" of 'the City of West Palm Beach'Zonin.q Code by establishing Sections 3~-50 throu_aj~ 33-54 provid- ing Zoning Requiremems and Architectural Design Gfidelines lCor the Residential Incentive Pro r : ~ .. ,, . . . g am. aha fo amend AmcJe XXJi Definmons'. DAC No. 01-03 and Planning Board No. 1326. Ordinance No 3432-01' ~ r'i~, :.:,:_~ - . · · · ' --.~z'.Julu~ea reauesT fo amend Article IV "Downtown ~,^7,-,-, B_l_ ~, - ,, r ., ,,~ realm beach or the City of West Palm Beach Zoning Code to amend the regulations ~or height, architectural stan- dards, building placements, and landscape s?n- ~a.rd.? and to amend Article XXII "DefinitiOns '; and JDe ~ne vor.~r r~.~erendum area or Ordinance No. 2818-96. DAC No. 01-04 an Planning Board No. 1327. !i e h?ring wit! b?,held qt 5:01 p.m., or as soon reEd. er .a,s p, ossib/e, in rh~ City COmmission Cham- rs.,,r,..~h/,, Hall, 2,0Q, Secona Street, West Palm Beach l~q~_~oa?lc~ ~ in.f~re.s~e~ ,parties ma~. affend an~d . · y inrer,..s,ed parr/see,< fo appeal any decision made Ey the City Commission wit}~ .respect'to an}, maffer, considered at such meet/nc~ or ' hearing, suc_~ person will need to tim. record of the proce=din~ is made ~h?J~'-Z-~-'~-'-7=- includes the testimony, ana evid,~nce u=on which an appeal is to be hear& In accordance b'ith the Ameri- cans with Disabilities Act (ADA), persons~n need of special accommodation fo participate wit,, in this pro- ceeding, shall, within three workin'a days ~).roce. e,ci.i.ng, c_o,ntact the. City CJerJ~ Office orreet, west Palm Beach F' ' 8020 For fu~-~ ' ~ , ,.loridq 33~.0,, (~6t} 659- · rm,~r mrormar~on, please contact Anthea Gianniotes, Cih/Urban Planner, af (561) ' '-o . o3,-8031 BY ORDER OF THE Ci%' COMMISSION TH~R~-~S~- DU BOUCHET Ci'DF CLERK The Palm Beach Pos~ fXon ox, ,V arch 200 and vVednesday, April i 1,200~ COMMUNITY REDEVELOPMENT AGENCY Tuesday, September 11, 2001 Commission Chambers Rm Boynton Beach 6:30 P.M. I. Call to Order II. Roll Call III. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. TV. Approval of Minutes V. Director's Report: A. Financial 1) July 2001 Financial Statement 2) Loan Status B. Project Updates 1) Federal Hwy 2) MLK (Heart of Boynton) - 3) Marina C. Future Agenda Items D. Commission Action VI. Announcements and Presentations Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appear is to De based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twen~f-four hours prior to the program or activity in order for the City to reasonably accommodate your request. IX. Xm VII. VIIIm Unfinished Business A. 2001-2002 Budget. Public Hearings: ,Variances: PROJECT NAME: AGENT: CHERRY HILLS - LOT 3:L2 and 3:L3 Robert Dwelle OWNER: LOCATION: DESCRIPTION: Boynton Beach Faith Based Community Development Corp 400 Block NW 1! Avenue, Lots 312 and 313 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single-family home on a non-conforming lot zoned R- 2, to include a 2-foot reduction from the twenty-five (25) foot rear yard setback required'by code to allow a 23-foot rear setback. New Business: A. CIP Fund transfer authorization. B. CRA Loan Authorization Resolution. Public Audience Other XII. Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will neeo a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted b ' . least twenty-four hours prior to the program or activity in order for the City to reasonYab~hyeacCj~r~mPol~ee contact Cynthia Mann at 561-742-6372 at your request. '-3 --.I (.9 (.9 T ~ Of (DUI DE, ARTMENT OF DEVELOPIv,ENT Memorandum DD 01-037 TO: FROM: DATE: RE: CRA Board members Quintus L. Greene, CRA Director 9/05/01 Authorization for fund transfer. IX. A. As part of the city's 5 year capital budgeting process, the City Manager is proposing a transfer of $240,000 from the CRA's Redevelopment Trust Fund to the City's Capital Budget for parking related improvements in the city's downtown core area. The fund transfer requires the approval of the CRA Board. Accordingly, Kurt Bressner, City Manager, will be present at the September 11, 2001 Board Meeting to explain the proposed fund transfer in detail and answer any questions Board members may have. S:\Development~Administration\Memorandums\01~037 CRA- funds transfer authorization.doc VIII. A. DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM #PZ01-164 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: September 11, 2001 File No: ZNCV 01-019 - Lot frontage, lot area, rear setback Location: Lots 312 & 313, Cherry Hills Subdivision Owner: Boynton Beach Faith Based Community Development Corporation Project: Request: Building a single-family home on a parcel zoned R-2. Request for three (3) variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single-family home on a non- conforming lot zoned R-2: 1) to include a 2-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 23-foot rear setback; 2) to include a 10-foot reduction from the minimum of sixty (60) foot frontage required by code to allow a 50-foot frontage; and 3) to include a 900 square foot reduction from the minimum 6,000 square foot lot area required by code to allow development of a 5,100 square foot lot. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-2, single and two-family residential district (see Exhibit "A" - location map). The Cherry Hills subdivision was platted in 1926 with typical lot frontages and sizes of 25 feet and 2,500 square feet, respectively (see Exhibit "B" - Cherry Hills Subdivision). Robert Dwelle of the Boynton Beach Faith Based Community Development Corporation (CDC) is requesting the above-referenced variances. As part of their affordable homes program, the CDC is proposing to construct a single-family home on a parcel that combines two (2) original lots (see Exhibit "C" - survey). The total site contains 5,100 square feet and is fifty (50) feet wide, non-conforming by today's zoning standards. The parcels on either side of the subject property both developed. The requirements to build a single-family dwelling unit within the R-2 zoning district, compared to the subject lots are as follow: -required lot frontage: 60 feet -required lot area: 6,000 square feet -required building rear setback: 25 feet -proposed lot frontage: 50 feet -proposed lot area: 5,100 square feet -proposed building rear setback: 23 feet The construction of a single-family home with the above referenced characteristics requires the three (3) vanances as described herein. Staff surveyed the area and it was observed that the majority of dwelling units in the neighborhood are detached single-family homes, built on substandard lots, and with some of them having either front or rear setback deficiencies. City records show that a total of fifteen (15) properties within the Cherry Hills Subdivision have been the subjects of variance approvals since 1964. A breakdown of a portion of these Page 2 CDC variances File No. ZNCV 01-019 approvals is as follows: ten (10) for rear setbacks, six (6) for total lot area, and seven (7) for lot frontage. There are of course other adjacent units that were constructed prior to modern site regulations and are therefore legal non-conforming. ANALYSIS The code 'states that the zoning code variance cannot be approved unless the board finds the following: That special conditions and circumstances exist which are pecufiar to the land, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning district. That the special conditions and circumstances do not result from the actions of the appficant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning d/strict. That literal interpretation of the provisions of this ordinance would deprive the appficant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the appficant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D". In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those in the Plat of Cherry Hills with tYpical lot widths of twenty-five (25) feet, and typical lot sizes of 2,500 square feet. Staff verified on site that the substandard conditions still exist. Consequently, a large number of those parcels have been developed for single- family homes. Staff concurs with the applicant that the subject parcel special conditions and circumstances exist, related to lot frontage and lot size, which are not the result of actions by the applicant, therefore satisfying criteria "a"and "b" above. Staff also concurs with the applicant that the approval of the variances will not confer any special privileges since there exist several substandard parcels within the area, and similarly zoned, which were also the subject of variance approvals in Conjunction with the development of single-family homes. Therefore, denial of this variance request would deprive the applicant of the rights already enjoYed by others. Consequently, staff feels that criteria "c"and "d"are satisfied. With respect to criterion "e", which regards the magnitude of the variance relative to reasonable use of the property, a unit design has been selected which would extend to the side and front setbacks, and encroach into the rear setback. In addition, it should be noted that both lots located to the east and west of the subject property are developed, thereby preventing further land assemblage intended to create property sufficient in size to comply with the minimum lot standards. Lastly, staff believes that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, staff concurs with the applicant that the proposed improvement will be in Page 3 CDC variances File No. ZNCV 01-019 harmony with characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff finds that a "hardship" exists. Furthermore, staff concludes that the approval of the requested variances will support local affordable housing goals and initiatives, and will increase the values of the community while decreasing blighted conditions in the neighborhood. Therefore, staff recommends that the requested variances be approved, thereby granting relief from the Zoning Code to allow: 1) A 2-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 23-foot rear yard setback; 2) a 10-foot reduction from the sixty (60) foot minimum frontage required by code to allow a 50-foot frontage; and 3) a 900 square foot reduction from the 6,000 square foot minimum lot area required by code to allow a 5,100 square foot lot, be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E". MR/dim S:\Planning\SHARED\WP\PROJECTS\CHERRY HILLS LOTS 312 &313\STAFF REP-lot frontage, lot area, rear setback.doc ~< OF LOCATION MAP Cherry Hills- Lots 312 8, 313 EXHIBIT "A" 4-00'800 FEET EXHIBIT "C" Alt.- B tmunity Redevelopment A=ency Proposed 2001-2002 Budget VII. A, Fund: 121 Account Description , Personnel: 12-10 Regular Salaries 14-10 Overtime 21-10 Employer FICA 23-10 Life Insurance 23-20 Disabiliy Insurance 23-40 Health Insurance Total Personnel Services: Operating: 32-10 Audit Fee 40-10 Mileage Reinbursement 40-12 Business Meetings 44-42 Office Rental 44-31 Copy Machine Rental 46-22 Computer Maintenance 47-10 Pdnting and Binding 31-11 Legal Fees 31-91 City Staff Services 49-66 Fa(~ade Grant 49-17 Other Contractual Services 49-41 License, Fees, & Permits 71-01 Debt Service Principal 72-01 Debt Service interest 73-02 Bond Issuance Expense 51-10 Office Supplies 54-10 Books & Publications 54-20 Memberships 54-36 Career Development Total Operating Expenses: Capital: 61-02 CRA Land Acquisition 63-07 CRA Improvements 64o16 Furniture & Fixtures Total Capital Outlay: Non-Operating: 91-02 Transfer to Serf Ins./W.C. 91-22 Transfer to Comm. Impr. 99-03 P, sv, for Future Approp. 99-04 Economic Incentives Total Non-Opearting: Grand Total 01102 Request ii $ 136,532.00 ?i $ 1~500.00 i :i$ 10,445.00 ~:~ $ 165.00 $ 901.00 $ 9,126.00 $ 15&669.00 350.00 2,400.00 950.00 8,400.00 4,000.00 8,400.00 1,500.00 25,000.00 25,000.00 50,000.00 35,000.00 114,800.00 214,500.00 4,000.O0 600.00 1,600.00 500.00 $ 497,000.00 $ 3,726,971.00 $ 250,0O0.00 $ 10,600.00 * Assumes approx. Bank of America closing costs which include the bank's reasonable attomey's review fees of up to $2,500 & a one-time loan set-up fee of $1,500. ** Assumes a Bank of Amedca $3M loan @ 7,28% for 15 years. **~ Assumes approximately $1million carried forvcard from FY 2001 plus approximately $943,240 in TIF revenue for FY 2002. $ 3,987,571.00 $ $ $ $ $ ~ $ Justification Director, Admin. Secretary, Accountant City clerk staff workshop meetings 700 sq. ft at $12/sq. ft. T1 line required to connect to city server Publications Misc. Consultant Services Break-down of 2 semi-annuual payments* Break-down of 2 semi-annuual payments* Closing cost fees & loan set-up fee** 300,000.00 ' '3bO, O00:O0 .4,943~240.00. *** VII. A. Alt.- A C( i imunity Redevelopment Proposed 2001-2002 Budget Fund: 121 Account Description personneh 12-10 Regular Salaries 14-10 Overtime 21-10 Employer FICA 23-10 Life InsUrance 23-20 DiSabiliy Insurance 23-40 Dental Insurance Tota/ Personnel Services: Operating: 32-10 40-10 40-12 44-31 Audit Fee Mileage Reinbursement Business Meetings Copy Machine Rental Capital: 46-22 Computer Maintenance 47-10 Printing and Binding 31-11 Legal Fees 31-91 49-66 49-17 49-zH 71-01 72-01 73-02 51-10 54-10 54-20 54-36 City Staff Services Fac,.ade Grant Other Contractual Services License, Fees, & Permits Debt Service Principal Debt Service Interest Bond Issuance Expense Office Supplies Books & Publications Memberships Career Development Total Operating Expenses: 61-02 CRA Land Acquisition 63-07 CRA Improvements 64-16 Furniture & Fixtures Total Capital Outlay: Non-Operating: 91-02 Transfer to Self Ins.AN.C. 91-22 Transfer to Comm. lmpr. 99-03 Rsv. for Future Approp. 99-04 Economic Incentives Total Non-Opearting: Grand Total ol/o2 Request 1,500.00 - - - - Justification City clerk staff workshop meetings $ 1, 500. O0 $ 350.00 $ - $ 950.00 $ 300.00 $ $ 1,5oo.oo $ 25,000.00 $ 75,000.O0 $ 50,000.00 $ 35,000.00 $ $ 114,800.00 $ 214,500.00 $ 4,000.00 $ $ $ $ Xerox copier lease Publications Development Dept., Finance Dept., etc. Misc. Consultant Services, Break-down of 2 semi-annuual payments* Break-down of 2 semi-annuual payments* Closing cost fees & loan set-up fee** $ 521,400.00 $ 3,870,340.00 $ 250,000.00 $ - $ 4,120,340.00 $ - $ - $ 300,000.00 $ - $ 300, 000. O0 $ 4,943,240.00 *** * Assumes approx. Bank of America closing costs Which include the bank's reasonable attorney's review fees of up to $2,500 & a one-time loan set-up fee of $1,500. ** Assumes a Bank of America $3M loan @ 7.28% for 15 years with semi-annual payments beginning on 12-06-01. *** Assumes approximately $1million carded forward from FY 2001 plus apprOXimately $943,240 in TIF revenue for FY 2002. LOAN AGREEMENT This LOAN AGREEMENT (the "Agreement") is made and entered into as of September 20, 2001, by and between Boynton Beach Community Redevelopment Agency, a public body corporate and politic of the State of Florida, and its successors and assigns (the "Issuer"), and Bank of America, N.A., a national banking association, and/ts successors and assigns as holder(s) of the hereinafter defined Note (the "Bank"). WHEREAS, the Board of Commissioners of the Issuer did, on September-1-~t__!.1, 2001, adopt Resolution No. 01-__ (the "Note Resolution") authorizing, among other things the borrowin---g by the Issuer of the principalamount of $3,000,000, to be evidenced by a promissory note (the "Note") for the purpose of financing certain of the Costs of the Project (as hereinafter defined); and WHEREAS, the Bank is wilting to enter into this Agreement with the Issuer to provide the financing for the Costs of the Project: and WHEREAS, the Issuer hereby determines that it is desirable and in the best interest of the Issuer to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the purpose of financing the Costs of the Project (the "Loan") and to evidence the repayment of such Loan by the issuance and delivery of the Note to the Bank in the aggregate principal amount of the Loan; and WHEREAS, the Note shall be issued pursuant to the terms and provisions of the Note Resolution and this Agreement; and WHEREAS, the execution and delivery ofth/s Agreement have been duly authorized by the Note Resolution. NOW, THEREFORE, the parties hereto, intending to be legally bound herebyand in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS Section 1.01 Definitions. The words and terms used in this Agreement shall have the meanings as set forth in the recitals above and the following words and terms as used in this Agreement shall have the following meanings: "Act" means Parr II, Chapter 163, Florida Statutes and other applicable provisions of law. "Agreement" shall mean this Loan Agreement and any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. 'Business Day"means any day except any Saturday or Sunday or day on which the PrincipalOffice of the Bank is lawfully closed. "City Commission" shall mean the duly constituting governing body of the City of Boynton Beach, Florida. "Community Redevelopment Area" shall mean the area described in the Community Redevelopment Plan, which is the area in which the Issuer is authorized under the Act to undertake community redevelopment projects. "Community Redevelopment Plan" shall mean the Issuer's Community Redevelopment Plan, under Section 163.360, Florida Statutes, as in effect from time to time. Nothing in this Loan Agreement or the Loan Documents shall be construed to prevent the Issuer from amending or modifying in any respect its Community Redevelopment Plan at any time. "Cost" or "Costs" means, with respect to the Project, any obligation or expense incurred by the Issuer to the extent permitted by the Act. ~'Event of Default" shall mean an event of default specified in Article VI of this Agreement. "Guaranty" means the Guaranty of CRA Note dated of even date herewith, made by the Guarantor. "Guarantor" means City of Boynton Beach, Florida. "Issuer" means Boynton Beach Community Redevelopment Agency, a public body corporate and politic of the State. "Loan" shall mean the outstanding principal amount of the Note issued hereunder. "Loan Documents" means this Agreement, the Note Resolution, the Guaranty and the Note. "Maturity Date" shall mean September 20, 2016. "Note" means the Note of the Issuer described in Section 5.03 hereof. "Noteholder" shall mean the Bank as the holder of the Note, or any other registered holder of the Note. Original Purchaser" means Bank of America, N.A. "Owner" or "Owners" means the Person or Persons in whose name the Note shall be registered on the books of the Issuer kept for that purpose in accordance with provisions of this Agreement. "Person" means naturalpersons, firms, trusts, estates, associations, corporations, partnerships and public bodies. Pledged Revenues means all moneys derived from the Tax Increment Revenues and investment earnings thereon and the proceeds or income received by the Issuer from the sale or other disposition of property acquired by the Issuer with proceeds of the Note. Pnnc~pal Office means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other ofrice as the Original Purchaser may designate to the Issuer m writing. "Project"means any community redevelopment activityofthe Issuer authorized pursuant to the Act. "Redevelopment Tru " stFund means the Redevelopment Trust Fund created and established by the Issuer pursuant to Section 163.387, Florida Statutes. "State" means the State of Florida. 'Tax Increment Revenue" means the increment and income, proceeds, revenues and funds of the Issuer, as calculated annually pursuant to Secti on 163.387, Florida Statutes, and which are required to be paid into the Redevelopment Trust Fund thereby. Section 1.02 ~ Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the pluralnumber and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. Section 1.03 Titles and Headings. The titles and headings of the articles and sections of this Agreement have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should ar/se. ARTICLE II REPRESENTATIONS OF ISSUER The Issuer represents and warrants to the Bank that: Section 2.01 Powers of Issue[ The Issuer is a political subdivision duly organized and validly existing as a community redevelopment agency under the laws of the State. The Issuer has the power to borrow the amount provided for in this Agreement, to execute and deliver the Loan Documents, to secure the Note in the manner conteml~lated hereby and to perform and observe all the terms and conditions of the Note and this Agreement on its part to be performed and observed. The Issuer is or will be within the time required by law empowered to commence and prosecute the Project and the Issuer may lawfi~y issue the Note in order to finance the Costs of the Project. Section 2.02 Authorization of Loan.. The Issuer has had or will have, as the case may be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver this Agreement, to issue, sell, and deliver the Note to the Bank. and to carry out and consummate all other transactions contemplated hereby, and the Issuer has complied and will comply with all provisions of applicable law in all material matters ;elating to such transactions. The Issuer. by the Note Resolution, has duly authorized the borrowing o fthe amount provided for in this Agreement, the execution and delivery of this Agreement, and the making and delivery of the Note to the Bank provided for in this Agreement and to that end the Issuer warrants that it will take all action and will do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part to be performed and to provide for and to assure payment of the Note. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery, and performance of the Note and this Agreement and the taking of any and all other such action as may be required on the part ofthe Issuer to carry out, give effect to and consummate the transacuons contemplated by this Agreement. The Note has been duly authorized, executed, issued and delivered to the Bank and constitutes legal, valid and binding obligation of the Issuer enforceable in accordance with its terms and the terms hereof, and is entitled to the benefits and security of the Note Resolution and this Agreement. All approvals, consents, and orders of and filings with any governmental authority or agency which would constitute a condition precedent to the issuance of the Note or the execution and delivery of or the performance by the Issuer of its obligations under this Agreement and the Note have been obtained or made and any consents, approvals, and orders to be received or filings so made are in full force and effect. Section 2.03 A~,reements. The making and performing by the Issuer of this Agreement will not violate any provision of the Act, or any bond or note resolution of the Issuer, or any regulation, order or decree of any court, and will not result in a breach of any of the terms of any agreement or instrument to which the Issuer is a party or by which the Issuer is bound. Section 2.04 Litigation, Etc. There are no actions or proceedings pending against the Issuer or affecting the Issuer or, to the knowledge of the Issuer, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the financial condition of the Issuer, or which questions the validity ofth/s Agreement or the Note or of any actiontaken or to be taken in connectionwith the transactions contemplated hereby or thereby. The Issuer is not in default aa any materialrespect under any agreement or other instrument to which it is a party or by which it may be bound. Section 2.05 Financiallnformation. The financial information regarding the Issuer furnished to the Bank by the Issuer ~n connection with the Loan is complete and accurate, and there has been no materialand adverse change in the financial condition o fthe Issuer from that presented in such information. The Issuer will cause an audit to be completed of its books and accounts and shall furnish to the Owner of the Note audited year-end financial statemems of the Issuer certified by an independent certified public accountant acceptable to the Owner to the effect that such audit has been conducted in accordance with generally accepted auditing standards and stating whether such financial statements present fairly in all materialrespects the financial position of the Issuer and the results of its operations and cash flows for the periods covered by the audit report, all in conformity with generally accepted accounting principles applied on a consistent basis. /he Issuer shall adopt an annual budget as required by law. The Issuer shall provide the Owner of the Note with (i) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly (but no later than 30 days) after it is adopted, and (ii) its audited financial statements for each fiscalyear ending after September 30, 2000 with/n 30 days after theybecome available and in any event within 270 days after the end thereof. The Issuer acknowledges and agrees that the Bank's ability to monitor and evaluate the status of the Loan is dependent upon the Issuer's timely providing financial information required herein. In addition to all other rights and remedies the Bank has should the Issuer fail to timely provide the financial information required hereby, including declaring the Loan to be in default, the Bank may charge the Issuer a late fee of not more than $500. The charging and/or payment of the fee is not a waiver of the Issuer's continuing obligation to provide the required financial information. ARTICLE IH COVENANTS OF THE ISSUER Section 3.01 .Affirmative Covenants. The Issuer covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any duty or obligation of the Issuer hereunder or under the Note remains unpaid or unperformed, as follows: (a) Payment. The Issuer shall duly and punctually pay the principal of the Note and the interest thereon at the dates and place and in the manner (and subject to the limitations) provided herein and in the Note according to the true intent and meaning thereof. (b) Use of Proceeds. Proceeds from the Note will be used only for Costs of the Project. (c) Notice of Defauhs. The Issuer shall within ten (10) days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, and any event or: condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Bank with such writtennotice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by the Issuer with respect thereto. (d) Maintenance o fExistence. The Issuer will take all reasonable legal action within its control in order to maintain its existence until all amounts due and owing from the Issuer to the Bank under the Loan Documents have been paid in full. (e) Records. The Issuer agrees that any and all records of the Issuer with respect to the Project and/or the Loan Documents shall be open to inspection by the Bank or irs representatives at all reasonable times at the offices the Issuer. Section 3.02 Negative Covenants. The Issuer covenants, for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any obligations of the Issuer under any of the Loan Documents remain unpaid or unperformed, that: (a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action impairing the authority thereby or hereby given with respect to the issuance and payment of the Note, without prior written approval of the Noteholder. (b) The Issuer shall not pledge or encumber the Pledged Revenues except pursuant to or as permitted by this Agreement. (c) The Issuer will not take any action within its controlwhich would impair or adversely affect the right of the Issuer to receive the Tax Increment Revenues or reduce the amount of the Tax Increment Revenues the Issuer is lawfully entitled to receive. Notwithstanding the foregoing, the Issuer's acquisition and ownership of land within the Community Redevelopment Area in furtherance Of' the Community Redevelopment Plan wilt not be deemed a violation of the preceding sentence. Section 3.03. Bank Fees and Expenses. The Issuer hereby agrees to pay the fees and expenses ofcounselto the Bank in connection with the issuance of the Note in the amount of $2,500.00, said amount to be due and payable upon the ~ssuance of the Note. The Issuer shall pay the Bank a fee in the amount of $1,500.00 upon issuance of the Note. Section 3.04. Miscellaneous Covenants and Representations.. (a) The Issuer shall not loan money or make advances or other extensions of credit to other persons or entities. (b) The Issuer shall not create or permit any mortgage or lien on any of its assets. (c) The Issuer shall not dispose of any of its assets other thanin the ordinary course of business. (d) The Issuer shall promptly inform the Bank of any actual or potential contingent liabilities or pending or threatened litigation of any amount. (e) The Issuer shall maintain such liability, casualty and other insurance as is reasonable and prudent for similarly situated agencies of the State and shall upon the request of the Bank, provide evidence of such coverage to the Bank. (f) The Issuer is in compliance with and shall comply with all applicable federal, state and local laws and regulatory reqmrements. (g) In the event the Note or this Agreement should be subject to the excise tax on documents or the intangible personalproperty tax ofthe State. the Issuer shall pay such taxes or reimburse the Bank for any such taxes paid by it. (h) The Issuer covenants that the amount of the Tax Increment Revenues received by k during each fiscal year shall equal at least 100% of the amount of principal and interest due on the Note during such fiscal year less any amount of such principal and interest paid from any source other than Tax Increment Revenues. Section 3.05. Automatic Payment Procedure. [Intentionally Deleted.] Section 3.06. Registration and Exchange of Note; Persons Treated as Owners. So long as the Note shall remain unpaid, the Issuer will keep books for the registration and transfer oftheNote. The Note shall be transferable only upon such registration books. The Issuer will transfer the registration of a Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. Section 3.07. Payment of Principaland Interest; LimitedObligation; Additionallndebtedness. The Issuer promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereofand thereof, provided that the principal of and interest on the Note is payable solely from the Pledged Revenues, and nothing in the Note or this Loan Agreement shall be construed as pledging any other funds or assets of the Issuer to such payment or as authorizing such payment to be made from any other source. The Issuer is not and shall not be liable for the payment of the principal of and interest on the Note or for the performance of any pledge, obligation or agreement for payment undertaken by the Issuer hereunder or under the Note from any property other than the Pledged Revenues. No Owner of any of the Note shall have any fight to resort to legal or equitable action to require or compel the Issuer to make any payment required bythe Note or the Loan Agreement from any source other than the Pledged Revenues. In order to secure the payment of the principal of and interest on the Note the Issuer hereby pledges and grants a lien upon the Pledged Revenues to the Owner of the Note. The Issuer shall not issue or incur any indebtedness or obligation if such would materially and adversely affect the ability of the Issuer to pay debt service on the Note. The Issuer may hereafter issue or incur indebtedness payable from the Pledged Revenues on a parity with the Note provided that the amount of Tax Increment Revenues received by the Issuer during the most recently concluded fiscal year or the period of twelve consecutive full calendar months concluded most recently prior to the issuance of such additional debt equal at least 100% of the maximum amount of principal and interest scheduled to become due on the Note and suchproposed additionaldebt in the then current or any future fiscal year of the Issuer. For purposes of the foregoing computation, if any propoSed or previously issued additional debt bears a variable rate of interest, then the interest rate shall be assumed to be the lesser of(i) the "cap" rate established in the documentation for such date and (ii) the greater of (x) the "prime rate" of the Original Purchaser as in effect on the date of issuance of such Note or (y) 10% per annum. Section 3.08. Business Days. In any case where the due date of interest on or pnncipal of the Note is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Owner. Section 3.09. Limited Liabili _ty of Issuer. It is hereby expressly made a condition of this Loan Agreement and o fthe Note that any agreements or rep resentations herein or therein contained or contained in the documents and instruments executed in connection therewith do not and shall neVer constitute or ~ve rise to any personal or pecuniary liability or charge against the general credit of the Issuer and in the event of a breach of any agreement, covenant or representation, no personal or pecuniary liability or charge payable directly or indirectly from any funds of the Issuer other than those pledged hereunder shall arise therefrom. Nothing contained in this Section 3.09, however, shall relieve the Issuer from the observance and performance of the several covenants and agreements on its part herein contained. Section 3.10. Officers and Employees of the Issuer Exempt from Personal Liabili _ry. No recourse under or upon any obligation, covenant or agreement of this Loan Agreement or the Note or for any claim based hereon or thereon or otherwise in respect thereof, shall be had against any Commissioner of the Issuer, or any officer, agent or employee, as such, of the Issuer past, present or future, it being expressly understood (a) that the obligation of the Issuer under this Loan Agreement and under the Note is solely a corporate one, limited as provided in the preceding Section 3.09, (b)that no personal liability whatsoever shall attach to, or is or shall be incurred by, the Commissioners of the Issuer, or the officers, agents, or employees, as such, of the Issuer, or any of them, under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom, and (c)that any and all such personaltiability of, and any and all such rights and claims against, every such Commissioner of the Issuer, and every officer, agent, or employee, as such, of the Issuer under or by reason of the Obligations, covenants or agreements contained in this Loan Agreement and under the Note, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Loan Agreement and the issuance of the Note on the part of the Issuer. Section 3.11. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to the Issuer and complying with such 8 other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. -Fhe Note so surrendered shall be canceled. Section 3.12. Remedies of Noteholder. Should the Issuer default in any obligation created by this Loan Agreement or the Note. the Owner of the Note may, in addition to any other remedies set forth in this Loan A~eement or the Note, either au law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State, or granted or contained in this Loan Agreement, and may enforce and compelthe performance o fall duties required by this Loan Agreement, or by any applicable statutes to be performed by the Issuer or by any officer thereof. ARTICLE CONDITIONS OF LENDING The obligations of the Bank to lend hereunder are subject to the following conditions precedent: Section 4.01 Representations and Warranties.. The representations and warranties set forthin the Loan Documents are and shall be true and correct to the best of the Issuer's knowledge on and as of the date hereof. Section 4.02 N o Default. On the date hereofthe Issuer shall be in compliance with all the terms and provisions set forth in the Loan Documents on its part to be observed or performed, and no Event of Default nor any event that, upon notice or lapse of time or both, would constitute such an Event of Default, shall have occurred and be continuing at such time. Section 4.03 Supporting Documents~ On or prior to the date hereof, the Bank shall have received the following supporting documents, all of which shall be satisfactory in form and substance to the Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank): (a) The opinion of the Attorney for the Issuer, regarding the due authorization, execution, delivery, validity and enforceability of this Agreement and the Note and the due adoption of the Note Resolution; (b) A certified copy of the Note Resolution; and (c) Such additional supporting documents as the Bank may reasonably request. ARTICLE V THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND PAYMENT TERMS Section 5.01 The Loan. The Bank hereby agrees to loan to the Issuer the amount of $3,000,000 to be evidenced by the Note, to provide funds to finance certain of the Costs of the Project upon the terms and conditions set forth in the Note Resolution and ha this Agreement. The Issuer agrees to repay the principal amount borrowed plus ~/nterest thereon, upon the terms and conditions set forth in the Loan Documents. Section 5.02 Note Not to be Indebtedness of the Issuer or State. The Note, when delivered by the Issuer pursuant to the terms of this Agreement, shall not be or constitute a general obligation or indebtedness of the Issuer, or the Stare, or any political subdivision of the State, within the meaning of any Constitutional, statutory or other limitat/onofindebtedness, but shall be a special obligation payable solely as herein provided. No Noteholder shall ever have the fight to compel the exercise of the ad valorem taxing power, if any, of the Issuer to pay the Note or the interest thereon. None of the Loan Documents create a lien upon any facilities of the Issuer. Any agreements or representations herein or contained in any Loan Document do not and shall never constitute or give rise to anypersonal or pecuniary liability or charge against the general credit of the Issuer, and ha the event of a breach of any agreement, covenant, or representation, no personal or pecuniary liability or charge payable directly or indirectly from any revenues of the Issuer other than the Pledged Revenues shall arise therefrom. Section 5.03 Description and Payrnent Terms of the Note. To evidence the Loan, the Issuer shall issue and deliver to the Bank the Note in the form attached hereto as Exhibit A. ARTICLE VI Section 6.01 General. Agreement if: EVENTS OF DEFAULT An "Event of Default" shall be deemed to have occurred under this (a) The Issuer shall fail to make any payment of the pnncipal of or interest on the Loan when the same shall become due and payable, whether by maturity, by acceleration at the discretionofthe Bank as provided for in Section 6.02, or otherwise; or (b) The Issuer or the Guarantorshall default in the performance of or compliance with any term or covenant contained in the Loan Documents, other than a term or covenant a default in the performance of which or noncompliance with which is elsewhere specifically dealt with, whichdefault or non-compliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the Issuer and the Guarantor by the Bank; or (/i) the Bank is notified of such noncompliance or should have been so notified pursuant to the provisions of Section 3.01 (c) of this Agreement, whichever is earlier; or 10 (c) Any representation or warranty made in writing by or on behalf of the Issuer or the Guarantor in any Loan Document shall prove to have been false or incorrect in any materialrespect on the date made or reaffirmed: or (d) The Issuer or the Guarantor admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself; or (e) The Issuer or the Guarantor is adjudged insolvent by a court of competent jurisdiction, or it is adi udged a bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order, judgment or decree ~s entered by any court of competent jurisdiction appointing, without the consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of ~ts property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or (f) The Issuer or the Guarantor shall file a petition or answer seeking reorganization or any arrangement under the federalbankruptcy laws or any other applicable law or statute of the United States of America or the State; or (g) The Issuer or the Guarantor shall default in the due and punctual payment or performance o fcovenants under any obligation for the payment of money to the Bank or any other subsidiary or af~iate of Bank of America Corporation; or (h) A judgment or order shall.be rendered against the Issuer or the Guarantor for the payment of money in excess of $1,0,90500,000 and such judgment or order shall continue unsatisfied or unstayed for a period of more than 30 days. Section 6.02 Effect of Event of Default. Except as otherwise provided in the Note, immediately and without notice, upon the occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the Loan Documents to be immediately due and payable without further action of any kind and upon such declaration the Note and the interest accrued thereon shall become immediately due and payable. In addition, and regardless whether such declaration is or is not made, the Bank may also seek enforcement of and exercise all remedies available to it under any applicable law. ARTICLE VII MISCELLANEOUS Section 7.01 No Waiver; Cumulative Remedies. No failure or delay on the part of the Bank in exercising any right, power, remedy hereunder or under the Note shall operate as a waiver of the Bank's ll rights, powers and remedies hereunder, nor shall any s/ngle or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise o fany other right, power or remedy hereunder or thereunder. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law or in equity. Section 7.02 Amendments, Changes or Modifications to the Agreement, This Agreement shall not be amended, changed or modified without the prior written consent o fthe Noteholders and the Issuer. The Issuer agrees to pay all. of the Bank's costs and reasonable attorneys' fees incurred in modifying and/or amending this Agreement at the Issuer's request or behest. Section 7.03 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Section 7.04 .Severabili_ty. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any other prowsions or sections hereof, and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. Section 7.05 .Term of Agreement Except as otherwise specified in this Agreement, this Agreement and all representations, warranties, covenants and agreements contained herein or made in writing by the Issuer in connection herewith shall be in full force and effect from the date hereof and shall continue in effect until as long as the Note is outstanding. Section 7.06 Notices. All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission or other similar electronic or digital transmission method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by overnight common carrier service; and live days after it is sent, if mailed, certified mail, return receipt requested, postage prepaid. In each case notice shall be sent to: If to the Issuer: Boynton Beach Community Redevelopment Agency t 00 East Boynton Beach Boulevard Boynton Beach, Florida 33425 If to the Bank: Bank of America, N.A. ,~.., l~,~ L~ ~ ~l,~ ~,,, v eg000 Southside Boulevard ~Bldg. 100 · , ,.~ · ~,~l ,-,,~achJacksonvdle, FL -'~,~,, ~ ~ ^ ~32256 12 or to such other address as either party may have specified in writing to the other using the procedures specified above in this Section 7.06. Section 7.07 Applicable Law. This Agreement shall be construed pursuant to and governed by the substantive laws of the State. Section 7.08 Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of the parties. The Issuer shall have no rights to assign any of their rights or obligations hereunder without the prior written consent of the Bank. Section 7.09 No Third Party Beneficiaries. It is the intent and agreement of the parties hereto that this Agreement is solely for the benefit ofthe parties hereto and no person not a party hereto shall have any rights or privileges hereunder. Section 7.10 Attorneys Fees. To the extent legally permissible, the Issuer and the Bank agree that in any suit, action or proceeding brought in connection with this Agreement, the Note, or the Note Resolution (including any appeal(s)), the prevailing party shall be entitled to recover costs and attorneys' fees from the other party. Section 7.11 Entire Agreement. Except as otherwise expressly provided, this Agreement and the other Loan Documents embody the entire agreement and understanding betWeen the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. Section 7.12 Further Assurances. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements or instruments and shall cooperate with one another in all respects for the purpose of out the transactions contemplated by this Agreement. Section 7.13 Arbitration and Waiver of Jury Thai This Section 7.13 concerns the resolution of any controversies or claims between the Issuer and the Bank, whether arising in contract, tort or by statute, that arise out of or relate to: (i) this Agreement (including any renewals, extensions or modifications); or (ii) any document related to this Agreement, including the Note and the Note Resolution (collectively a "Claim"). At the request of the Issuer or the Bank, any Claim shall be resolved by binding arbitration in accordance with the F ederalArbitrationAct (Title 9, U. S. Code) (the "Arbitration Act"). The Arbitration Act will apply even though this Agreement provides that it is governed by the law of a specified state. Arbitration proceedings will be determined in accordance with the Arbitration Act, the rules and procedures forthe arbitration o ffinancialservices disputes of J.A.M.S./Endispute or any successor thereof ("J.A.M.S."), and the terms of this Section 7.13. In the event of any ~nconsistency, the terms of this paragraph shall control. 13 The arbitration shall be administered by J.A.M.S. and conducted in Boynton Beach, Florida. All Claims shall be determined by one arbitrator: however, if Claims exceed $5.000,000. upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30 days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement ofreasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute o flimitations, the service on J.A.M.S. under applicable J.A.M.S. rules of a notice of Claim is the equivalent of the filing ora lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This Section 7.13 does not I/mit the right of the Issuer or the Bank to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial byjury in respect of any Claim. Furthermore, without intending in any way to limit this Agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This provision is a material inducement for the parties entering into this Agreement. No provision in th/s Agreement or in the Loan Documents regarding submission to jurisdiction and/or venue in any court is intended or shall be construed to be/n derogation of the provisions of this Agreement or in any Loan Document for arbitration of any controversy or claim. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between them as of the date of first set forth above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Title: Chairman 14 BANK OF AMERICA, N.A. By: Title: Authorized Signatory 15 G: 02345~37LOAN AGREEMENT, 2~ REDLINE,WPD WordPerfect Document Compare Summary Original document: G:\02345\32\Loan Agreement(1).wpd Revised document: G:\02345\32\Loan Agreement(2).wpd Deletions are shown with the following attributes and color: St;ikcoat, (No color code). Deleted text is shown as full text. Insertions are shown with the following attributes and color: Double Underline, (No color code). The document was marked with 6 Deletions, 7 Insertions, 0 Moves. 2 G:\02345\32\LOAN AGREEMENT 2) REDLINE.WPD IX. B. September 20, 2001 $3,000,000.00 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE KN O W ALL MEN BY THESE PRESENTS that the BoyntonBeach CommunityRedevelopment Agency (the "Issuer"), a public body corporate and politic created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of Bank of America, N.A. or registered assigns (hereinafter, the "Owner"), the principal sum of $3,000,000.00, together with interest on the principal balance outstanding at the rate per annum of % per annum based upon a year of 360 days for the actual number of days elapsed. Principal ofand interest onthis Note are payable in lawful money of the United States of America at such place as the Owner may designate to the Issuer in writing. The principalofand interest on tiffs Note shall be payable in one hundred eighty equal installments of $ each, due and payable on the 20th day of'each month, commencing October 20, 2001, until all unpaid principal hereon shall have been paid in fulls The entire unpaid principal balance, together with all accrued and unpaid interest hereon, shall be unconditionally due and payable in full on September 20, 2016 (the "Maturity Date"). If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as defined in the LoanAgreement (hereinafter defined)) the pa,vment due on such date shall be due on the next succeeding day ~vhich is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Owner. All payments by the Issuer pursuant to this Note shall apply f~rst to accrued interest, then to other charges due the Owner, and the balance thereof shall apply to principal. The principal of and interest on this Note may be prepaid at the option of the Issuer in whole, or in part, at any time. Prepayments of principal shall be applied to the scheduled installments of principal hereon in inverse order of maturity. If there is a prepayment of any principal, whether at the option of the Issuer or because of acceleration, the prepayment shall be accompanied by the amount of accrued interest on the amount prepaid, and a prepayment fee. The prepayn?ent fee shall be in an amount sufficient to compensate the Owner for any loss, cost or expense incurred by it as a result ofthe prepayment, inchding any loss of anticipated profits and any loss or expense arising from the liquidation or re-employment of funds obtained by it to maintain the credit or from fees payable to terminate the deposits from whichsuch funds were obtained. The Issuer shall also pay any customary administrative fees charged by the Owner in connection with the foregoing. For purposes of this paragraph, the Owner shall be deemed to have funded the loan evidenced by this Note by a matching deposk or other borrowing in the applicable interbank market, whether or not the loan was in fact so funded. Upon the occurrence ofan Event of Default (as defined in the hereinafter defined LoanAgreement) the Owner may declare the entire debt then rema/ning unpaid hereunder immediately due and payable; and in any such default and acceleration, the Issuer shall also be obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this Note. all costs of collection and enforcement hereof, including such reasonable attorneys' fees as may be' incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without lirm' ~tatiork claims, disputes, and proceedings seeking adequate protection or reheffrom the ~utomatic stay. If any payment hereunder is not made within ten days after it is due, then the Issuer shall also be obhgated to pay as part of the indebtedness evidenced by this Note a late payment fee in the amount of 5% of the delinquent payment, which late payment fee shall be due and payable immediately. Upon the occurrence of and during the continuation of an Event of Default, the interest rote on this Note shall be increased to the lesser of 18% per annum or the maximum rate permitted by law. The Issuer to the extent permitted by law hereby waives presentment, demand, protect and notice of dishonor. THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIMITED INDEBTEDNESS OF THE ISSUER. THE PRINCIPAL OF AND INTEREST ON THIS NOTE AND ALL OTHER AMOUNTS PAYABLE BY THE ISSUER HEREUNDER ARE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES IN THE MANNER DESCRIBED IN THE LOAN AGREEMENT This Note is issued pursuant to a Resolution duly adopted bythe Issuer on September 19, 2001, as fi.om time to time amended and supplemented (herein referred to as the "Resolution") and a Loan Agreement, dated ofeven date herewith, between the Issuer and the Owner (the "LoanAgreement"), and is subject to all the terms and conditions ofthe Resolution and Loan Agreement. All terms, conditi°ns and provisions of the Resolution and Loan Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein in capital/zed form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution and Loan Agreement. This Note may be exchanged or transferred by the Owner hereof but only upon the regislration books maintained by the Issuer and in the manner provided in the Loan Agreement. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. IN WITNESS ~VHEREOF, Boynton Beach Community Redevelopment Agency has caused this Note to be executed in its name by the manualsignature ofitsChairman this 20th day of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By:. Chairman G:\02345\32\Promissory Notel l Lwpd 3 IX. B. TRANSCRIPT OF PROCEEDINGS__ $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 TIME AND PLACE OF CLOSING 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. The closing was held on September 20, 2001 (the "Closing Date"). Although certain of the below-described Closing Documents were executed and/or filed in advance of the Closing Date, no Closing Document was deemed to have been dehvered until all Closing Documents were delivered. LIST OF CLOSING DOCUMENTS Certified copy of Resolution No. 01-__ of the Issuer. Resolution of the City Commission of the City of Boynton Beach, Flor/da. Loan Agreement. Guaranty of CRA Note. General Certificate of the Issuer. Notice of Sale sent to Division of Bond Finance. Receipt for Note. State of Florida Division of Bond Finance Forms BF-2003/2004-B and Letter of Transmit. Certificate of Bank. Opinion of Counsel to the Issuer. Copy of Note. Funding Instruction Letter. Eight (8) complete transcripts are to be prepared for distribution as follows: 2 - Boynton Beach Community Redevelopment Agency 2 - Bank of America, N.A. 1 - Moyle, Flamgan, Katz, Raymond & Sheehan,' P.A. 1 - Goren, Cherof, Doody & Ezrol, P.A. 1 - Vance Berry, Esq. 1 - City of Boynton Beach CERTIFICATE OF TRUE COPY I, the undersigned Secretary of Boynton Beach Communitv Redevelopment Agency DO HEREBY CERTIFY that attached hereto is a tree and correct copy ofResolutionNo. 01-__ duly adopted bythe Board of Commissioners of the Agency on September 19, 2001 and that such Resolution remains in force and has not been amended. IN WITNESS WHEREOF, I have hereunto set my hand as of the 20thday of September, 2001. Secretary $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 200I GENERAL CERTIFICATE OFTHE ISSUER I, the undersigned Chairman (the "Chairman") of the BoyntonBeach Community Redevelopment Agency (the "Issuer"), DO HEREBY CERTIFY as follows: I. All of the members of the Board of Commissioners (the "Goveming Body") of the Issuer have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertaldngs in the amount and manner required by law. 2. Resolution No. 01-__ of the Issuer adopted September 19, 2001 (the "Authorizing Legislation") as certified by the Secretary as of the date hereof has not been modified, amended, altered or repealed in any way after its date of adoption, and is now in full force and effect. 3. The Issuer has authorized by all necessary action the enactment and due performance of the Authorizing Legislationand the execution, deliveryand due performance of the Note and the Agreement and, to the best of my knowledge, any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer to carry out, give.effect to and consummate the transactions contemplated by the Authorizing Legislation. 4. No lifigaton is pending or, to our knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Note or. the Agreement or (ii) in any way contesting or affecting the validity of the Note or the Agreement or the Authorizing Legislation or the application, of the proceeds of the Note, or the levy or collection or distribution of the amounts pledged to repayment of the Note, or the pledge thereof as security for the Note, or (iii) contesting the power of the Issuer or its authority for the issuance ofthe Note or the adoption of the Authorizing Legislation or (iv) contesting the tax-exempt status of interest on the Note. 5. No litigation is pending or, to my knowledge, threatened, (i) against the Issuer or involving any ofthe property, assets or operations under the control of the Issuer which involves the possibility that a judgment or liability, not fully covered by insurance or adequate estabhshed reserves, maybe entered or imposed against the Issuer or which may result in any material adverse change in the business, properties, assets or in the condition, financial or othenvise, of the Is,suer, and (ii) which would reasonably be anticipated to have a material and adverse effect upon the security provided for the Note pursuant to the Authorizing Legislation and the Agreement. 6. No litigation is pending or, to my knowledge, threatened to contest the creation, organization, existence or corporate powers of the Issuer, or of the Governing Body, or the title to office ofits present members, orthe members at anytime material to the issuance of the Note or the Agreement, or of any other officer of the Issuer. 7. The execution, delivery, receipt and due performance ofthe Note and the Agreement under the circumstances contemplated thereby and the Issuer's compliance withthe provisions thereof (i) to the best of my knowledge will not conflict with or constitute on the Issuer's part a material breach of or a default under any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order or (ii) will not conflict with or constitute on the Issuers part a material breach of or a default under any agreement, indenture, bond, note, lease or other instmmmt to whichthe Issuer is subject or by which the Issuer is or may be bound, and to the best of my knowledge no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instmmenlg nor will such execution, delivery, adoption, or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer except as provided by the Note, the Agreement and the Authorizing Legislation. 8. To the best knowledge ofthe undersigned no members of the Governing Body have, while meeting together with any other member or members of the Governing Body other than at public meetings ofthe Goveming Body, reached any conclusion as to the actions taken bythe Governing Body withrespect to the Note or the Agreement, the security therefor, or the application of the proceeds therefrom, or any other material matters with respect to the Note or the Agreement. 9. The undersigned does not, and to the best ofher knowledge and beliefno member of the Governing Body does, have or hold any employment or conn"actual relationship with any business entity which is purchasing the Note from the Issuer except as fully and fairly disclosed in compliance with the provisions of Section 112.3143, Florida Statutes. 10. The Issuer hereby certifies that the interest rate borne by the Note does not exceed the limitations set forth in Section 159.825 Florida Statutes. IN WITNESS WHEREOF, I have hereunto set my hand and have indicated my official rifle, all as of the 20th day of September; 2001. Si_maature Official Tttle Chairman MOYLE, FLANIGAN, KATZ~ RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach. Florida 33402-3888 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond~moylelaw, com Telephone: (561 ) 659-7500 Facsimile: (561 ) 659-1789 September __, 2001 Tallahassee Office (850) 681-3828 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 Boynton Beach Community Redevelopment Agency $3,000,000 Promissory Note, Series 2001 Ladies and Gentlemen: VIA FACSIMILE AND CERTIFIED MAIL RETURN RECEIPT REQUESTED Notice is hereby given o fthe impending sale by Bo ynton Beach Community Redevelopment Agency (the "Issuer") of the above-referenced Note (the '?qote") in the estimated principal amount set forth above. The Issuer expects to deliver the Note on or about September 20, 2001. Sincerely, MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. Mark E. Raymond $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 RECEIPT FOR NOTE Bank of America, N.A. DOES HEREBY ACKNOWLEDGE receipt from Boynton Beach CommunityRedevelopment Agency of the Agency's PromissoryNote, Series 2001, dated September 20, 2001, and in the aggregate principal mount of $3,000,000. DATED the 20th day of September, 2001. BANK OF AMERICA, N.A. By: Its Authorized Representative MOYLE, FLANIGAN, ~TZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive - 9th Floor West Palm Beach, Flor/da 33401-4025 P.O. Box 3888 West Palm Beach. Florida 33402-3888 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond~moylelaw.com Telephone: (56 l) 659-7500 Facsimile: (561 ) 659-1789 September 20, 2001 Tallahassee Office (850) 681-3828 Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 CERTIFIED MAII, RETURN RECEIPT REQUESTED Boynton Beach Community Redevelopment Agency $3,000,000 Promissory Note, Series 2001 Ladies and Gentlemen: Enclosed herewith please find Form BF-2003/2004-B for the above-referenced financing. No disclosure documem was used for this financing. If you would like any further information in regard to this matter, please do not hesitate to call. Very tmly yours, Mark E. Raymond STATE OF FLORIDA DIVISION OF BOND FINANCE LOCAL BOND MONITORING SECTION This form reDresents an uDdate and coraDilation of the BF2003, BF2004-A az~d BF2004-B forms. Bond Information forms (BF2003) are required ~o be completed by local governments pursuanu to ChapEer 19A-1. 003, Florida Administrative Code (F.A.C.). Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated Sale) as required to be filed with uhe Division within 120 days of the delivery of the issue pursuant to Sections 218.38 (1) (b) 1 and 218.38(1) (c)l, Florida Statutes (F.S.), respectively. Final official Statements ~ if prepared, are required no be submit ~ed pursuanu no Section 218.38(1), F.S. Please complete all items applicable to the issuer as provided by the Florida Statuues. PURSUANT TO SECTION 218.369, F.S. , ISSUERS OF BOND ANTICIPATION NOTES ARE EXE/~PT FROM THESE FILING REQUIREMENTS. BF2003 BOND INFOI~L~TION FO~ PART I. ISSUER INFOR~L%TION 1. NAME OF GOVERNMENTAL UNIT: Bo~nnon Beach Community RedeveloDment A~enc¥ 2. MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS ~vLANAGER: 100 East Boynton Beach Blvd., Bovnton Beach, Florida 33425 3. COUNTY(IES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Palm Beach 4. TYPE OF ISSUER: COUNTY INDEPENDE/qT SPECIAL DISTRICT SPECIFY OTHER CITY AUTHORITY X DEPENDENT SPECIAL DISTRICT PART II. BOND ISSUE INFOR~ATION 1. NAME OF BOND ISSUE: Promissor¥ Note, Series 2001 2. AMOUNT ISSUED: $ 3r000~000 3. AMOUNT AUTHORIZED:$3r000,000 4. DATED DATE: 9/20/01 5. SALE DATE: 9/20/01 6. DELIVERY DATE: 9/20/01 7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 163 SPECIAL ACTS OTHER 8. TYPE OF ISSUE: GENERAL OBLIGATION SPECIAL ASSESSMENT OBLIGATION X REVENUE COP~CERTIFICATE OF PARTICIPATION) BANK LOAN/LINE OF CREDIT SPECIAL LEASE- PURCHASE 9. A. IS THIS A PRIVATE ACTIVITY BOND (PAB)? YES X NO B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? 2. IF YES, AMOUNT OF ALLOCATION: YES NO 10. SPECIFIC REVENUE(S) PLEDGED: (I) PRIMARY Tax Incremenn Revenues (2) SECONDARY (3) OTHER(S) 11. A. PURPOSE(S) OF THE ISSUE: (1) PRIMARY Community RedeveloDment ImDrovements (2) SECONDARY (3) OTHER(S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: (1) FOR EJtCH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE (PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT REFUNDED.) (2) REFUNDED DEBT HAS BEEN: RETIRED OR DEFEASED (3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? YES NO B. IF YES, APPROXIMATELY WHAT PERCENT OF PROCEEDS IS NEW MONEY? % 12 · TYPE OF SALE: __.COMPETITIVE BID PLACEMENT NEGOTIATED X NEGOTIATED PRIVATE 13. BASIS OF INTEREST RATE CALCULATION, I.E., INTEREST RATE USED TO STRUCTURE THE BOND ISSUE: NET INTEREST COST RATE (NIC) % TRUE INTEREST COST RATE (TIC) % CANADIAN INTEREST COST RATE (CIC) % ARBITRAGE YIELD (ARBI) % SPECIFY OTHER: 14. INSURANCE/ENHANCEMENTS: AGIC AMBAC ~CGIC CLIC FGIC FSA ~HUD MBIA NGM LOC(LETTER OF CREDIT) SPECIFY OTHER X NOT I~SURED 15. RATING(S): MOODY'S S&P FITCH X NOT DUFF&PHELPS SPECIFY OTHER 16. DEBT SERVICE SCHEDULE: ATTACH COMPI~TE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORMATION: MATURITY DATES (MO/DAY/YR) COUPON/INTEREST RATES ~AL INTEREST PAYIV~ENTS PRINCIPAL (PAR VALUE) PAYMENTS MANDATORY TERM AMORTIZATION 17. LIST OR ATTACH OPTIONAL REDEMPTION PROVISIONS: Mav be DreDaid at anv time in whole or in Dart 18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE PURCHASER. Bank of America, N.A. 625 North Fla~ler Drive~ 10th Floor West Palm Beach, Florida 33401 19. PROVIDE THE NAME(S) AND ADDRESS[ES) OF ANY ATTORNEY OR FINANCIAL CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE. X NO BOND COUNSEL X NO FINANCIAL ADVISOR __ NO OTHER PROFESSIONALS BOND COUNSEL(S): Mark Raymond, Ese. Movie, Flaniqan~ Katz, Raymond & Sheehan, P.A. 625 North Flaqler Drive, 9th floor West Palm Beach, FL 33401 FINANCIAL ADVISOR(S)/CONSULTANT(S): OTHER PROFESSIONALS: James A. Cherof, Esq. Goren, Cherof, DoodV & Ezrolf P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 20. PAYING AGENT X NO PAYING AGENT 21. REGISTRAR X NO i~EGISTRAR 22. COMU/EATrS: None PART III. RESPONDENT INFORMATION FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT: Name and Title Mark E. Raymond, Bond Counsel Phone 561-822-0380 Company Movie' Flaniqanr Katz, Ravmond & Sheehan, P.A. INFORMATION RELATING TO PARTY COMPLETING THIS FORM (i~f different from above): Name and Title Phone Company Date ReDort Subraitted 9/20/01 BF2004-Aand BF2004-B Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND ISSUES EXCEPT THOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159 PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES. 23. 24. ANY FEE, BONUS, OR GRATUITY PAID BY ANY UNDERWRITER OR FINANCIAL CONSULTANT, iN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGULARLY EMPLOYED OR ENGAGED BY SUCH UNDERWRITER OR CONSULTANT: X NO FEE, BONUS OR GRATUITY PAID BY U19DERWRITER OR FINAI~CIAL CONSULTANT {1) COMPANY NAME FEE PAID: $ (2) COMPANY NAME FEE PAID: S (3) COMPANY NAME SERVICE PROVIDED or FUNCTION SERVED: SERVICE PROVIDED or FUNCTION SERVED: FEE PAID: $ (4; COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED~ SERVICE PROVIDED or FUNCTION SERVED: ANY OTHER FEES PAID BY THE UNIT OF LOCAL C~OVERNMENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS: NO FEES PAID BY ISSUE/{ (1) COMPANY NAME Movle, Flaniqan, Katzr Raymond & Sheehan~ P.A. FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: Bond Counsel (2) COMPANY NAME Goren, Cherof, Doodv & Ezrolr P.A. FEE PAID:$ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME Stoneburner Berry Goldman & Simmons, P.A. FEE PAID: $ t,500.00 SERVICE PROVIDED or FUNCTION SERVED: Bank Counsel (4) COMPANY NAME FEE PAID: $. SERVICE PROVIDED or FUNCTION SERVED: PLEASE PROVIDE THE SIGNATUP~ OF EITHER THE CHIEF EXECUTIVE OFFICER OF THE C~OVERNING BODY OF ~ UNIT OF LOCAL C~OVERNMENT OR THE GOVERNMENTAL OFFICER PRIMARILY RESPONSIBLE FOR COORDINATING ~ ISSUANCE OF THE BO~DS: NAME (Typed/Printed: Larry Finkelstein TITLE: Chairman SIGNATURE: DATE: 9/20/01 BF2004-B ITEMS 25 AND 26 MUST BE COMPLETED FOR ALL BONDS SOLD BY NEC~DTIATED SALE 25. ~W3uNAGEMENT FEE CHARGED BY UNDERWRITER: OR PRIVATE PLACEMENT FEE: $ PER THOUSAND PAR VALUE. NO MANAG~ FEE OR PRIVATE PLACEMENT FEE X 26. UNDERWRITER'S EXPECTED GROSS SPREAD: $ X NO GROSS SPREAD PER THOUSAND PAR VALUE. PART IV. RETURN THIS FORM AND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED TO: Courier Deliveries: Mailing Address: Division of Bond Finance Division of Bond Finance State Board of Administrauion State Board of Administration 1801 Hermitage Blvd., Suite 200 P.O. Drawer 13300 Tallahassee, FL 32208 Tallahassee, FL 32317-3300 Phone: 904/488-4782 FAX: 904/413-1315 REVISED Feb. 1996/bf0304/ $3,000,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE, SERIES 2001 DISCLOSURE STATEMENT OF BANK OF AMERICA, N.A. September 20, 2001 Boynton Beach Community Redevelopment Agency Ladies and Gentlemen: Pursuant to the provisions of Section 218.385, Florida Statutes, as amended, the Original Purchaser is providing the following information with respect to the arrangements made for the purchase ofthe above referenced Note. We represent to you as follows: (a) The nature and estimated mounts of expenses to be incurred by the Original Purchaser in connection with the issuance and sale of the Note is $0. (b) There were no finders, as definedin Section218.386, Florida Statutes, as amended, in connection with the issuance of the Note. (c) A discount or fee is expected to be realized by the Original Purchaser in the amount of $-0-. (d) (e) (g) No management fee will be charged by the Original Purchaser. No fee, bonus or other compensation willbe paid bythe Original Purchaser in connection with the issuance of the Note to any person not regularly employed or retained by the Original Purchaser The name and address of the Original Purchaser is: Bank of America, N.A. 625 North Flagler Drive; 10th Floor West Palm Beach, Florida 33401 The Agencyis proposing to issue $3,000,000 of debt ona revolving basis for the purpose of financing community redevelopment projects. This debt is expected to be repaid over a period of approximately 15 years. The source of repayment or security for the Note is tax increment revenues of the Agency. Authorizing this debt could result in $3,000,000, together with the accrued interest thereon, of revenues of the Agency not being available for other uses by the Agency. Very truly yours, BANK OF AMERICA, N.A. Authorized Officer September 20, 2001 Bank of America, N.A. West Palm Beach, Florida Re: $3,000,000 Delray Beach Community Redevelopment Agency Promissory Note, Series 2001 Ladies and Gentlemen: I have acted as Artomeyto the Boynton Beach Community Redevelopment Agency in connection with the issuance by the Issuer of its $3,000,000 Promissory Note, Series 2001, dated September 20, 2001 (the 'note"). In such capacity, I have examined originals or copies certified or otherwise identified to my satisfaction of.' (i) Resolution No. 01- of the Issuer, adopted on September 19, 2001 (the "Resolution"), (ii) the Note and (iff) the Loan Agreement, dated September 20, 2001, between the Issuer and Bank of America, N.A., (the "Agreement"). I have also acted as attorney to the City of Boynton Beach, Florida (the "City") in connection with the Guaranty of the CRA Note (the "Guaranty") dated September 20, 2001 under which the City guarantees the obhgations of the Issuer under the Note. In rendering the opinions set forth herein, I have also reviewed the Constitution and laws of the State of Florida, particularly Part III, Chapter 163, Florida Statutes (the "Act"), and such other laws, documents, proofs and proceedings as I have deemed necessary as a basis for the opinions hereinaf[er expressed. All terms used herein in capitalized form and not otherwise defined herein shall have the same meaning as ascribed to them in the Ordinance. Based upon the foregoing, I am of the opinion that: 1. The Issuer is a public body corporate and politic of the State of Florida duly organized and validly existing as a community redevelopment agency under the Constitution and laws of the State of Florida. 2. The Resolution, Agreement and Note have been duly authorized, ado ted in, grebe case of the Resolution), executed and delivered by the Issuer and consiStute legal, valid and b~2g ements of the Issuer enforceable in accordance with their respective terms except to the extent that the enforceability of the rights and remedies set forth therein may be limited by bankruptcy, insolvency or other laws affec~ng creditors' rights generally and by the availability of equitable remedies or pubhc policy 3. All approvals, consents and orders or any filings withany govemmenralauthorityor agency which would constitute a condition precedent to the issuance of the Note, the adoption of the Resolution or the execution and delivery of or the performance by the Issuer of its obligations under the Agreement, the Note, and the Resolution have been obtained or made and any consents, approvals and orders so received or fdings so made are in full force and effect; provided, however, that no representation is made concerning compliance ~vith the federal securities laws or the sectmnes or Blue Sky laws of the various states. 4. The adoption and performance by the Issuer of the Resolution and the authorization, execution, deliveryand performance ofthe Agreement and the Note and any other agreement or instrument to which the Issuer is a party, used or contemplated for use in consummation of the transactions contemplated by the Resolution, the Agreement and the Note, and compliancewithprovisions of each such instmmenk do not and will not conflict with, or constitute or result in a violation or breach of or a default under, the Constitution of the State of Florida, or any existing law, administrative regulation, role, decree or order, state or federal, or, to the best of my knowledge, a material provision of any agreement, indenture, mortgage, lease, note or other agreement or instrument to which the Issuer or its properties or any of the officials of the Issuer as such is subject or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the revenues, property or assets of the Issuer, including without lknitafion the Pledged Revenues, under the terms of the Constitution ofthe State of Florida, any law, or to the best of my knowledge, any instrument or agreement. 7. No litigation or other proceedings are pending or, to the best ofmy knowledge, threatened in any court or other tribunal, state or federal, (a) restraining or enjoining, or seeking to restrain or enjoin, the issuance, sale, execution or delivery of any of the Note or the execution, delivery and performance of the Agreement; or (b) in any way questioning or affecting (i) the validity or enforceability of the Note, or (ii) any proceedings ofthe Issuer taken with respect to the issuance or sale ofthe Note, or ('fii) the adoption of the Resolution, or (iv) the pledge of the Pledged Revenues pursuant to the Agreement, or (v) the existence or powers of the Issuer, or (vi) the title to office of the members of the Board of Commissioners of the Issuer;, or (c) in any way questioning or affecting the authority for the issuance and sale of the Note, or of any provision, program or uansactions made or authorized for its payment; or (d) questioning or affecting the power and authorityofthe Issuer to issue theNote, adopt the Resolution and impose or collect the Pledged Revenues; or (e) which would have a materialadverse effect uponthe operations ofthe Issuer or the contemplated use of the proceeds of the Note. 8. The Guaranty has been duly authorized, executed and delivered bythe Cityand constitutes the legal, valid and binding agreement of the City enforceable in accordance with its terms except to the extent that the enforceability of the fights and remedies set forth there in may be limited by bankruptcy, insolvency or other laws affecting creditors' fights generally and by the availability of equitable remedies or public policY. Very truly yours, 2 FUNDING INSTRUCTION LETTER Bank of America, N.A. Commercial Banking 625 North Flagler Drive West Palm Beach, FL 33401 Ladies and Gentlemen: You are hereby requested, authorized and directed to fund the Loan under the Loan Agreement dated September 20, 2001 in the following manner: Please pay our attorney's legal fees and expenses in the amount of $_ follows: as Moyle, Flanigan, Katz, Raymond & Sheehan, P.A. Bank of America Account Number: 1600160212 Credit Account: Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., Firm Account Please pay our attorney's legal fees and expenses in the amount of $ follows: o Please pay your attorney's legal fees and expenses in the amount of $. follows: as 4. Please remit the balance, $ ., to us as follows: Dated as of September 20, 2001 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY mx/: Its: Chairman G:\02345\32 all closing docs( 1 }.wpd RESOLUTION NO. 01-__ A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A NOTE OF THE AGENCY IN THE PRINCIPAL AMOUNT OF $3,000,000 TO FINANCE THE COST OF VARIOUS COMMUNITY REDEVELOPMENT PROJECTS; PROVIDING THAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE AGENCY PAYABLE FROM TAX INCREMENT REVENUES AND CERTAIN OTHER FUNDS AS FURTHER PROVIDED HEREIN; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENTWITH BANK OF AMERICA, N.A.; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER OF SUCH NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: Section 1: Authori_tvfor this Resolution. This Resolution is adopted pursuant to the provisions of Part IH, Chapter 163, Florida Statutes and other applicable provisions of law. Section 2: De~t~nitions. Words and phrases used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement attached hereto as Exhibit A. Section 3: Resolution to Constitute a Contract. In consideration of the purchase and acceptance ofthe Note authorized to be issued hereunder by those who shall be the Owners thereoffi:om time to time, this Resolution shall constitute a contract between the Issuer and the Owners. Section 4:. Authorization qfNote. Subject and pursuant to the provisions ofthis Resolution, an obligation of the Issuer is hereby authorized to be issued under and secured by this Resolution, in the principal amount of $3,000,000, for the purpose of providing~ funds to pay the Costs of the Project and paying the costs of issuing the Note. Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized fi:om an expeditious sale of the Note, it is in the best interest of the Issuer to accept the offer of the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the Issuer shall receive fi:om the Original Purchaser the disclosure statement containing the information required by Section 218.385, Florida Statutes. Section 5: Description of Note. The Note shall be dated the date of its execution and delivery, which shall be a date agreed upon by the Issuer and the OriginaIPurchaser, and shall have such other terms and provisions, including the interest rate and maturity date, as stated in the form of Note attached to the Loan Agreement as Exhibit A. The Note is to be in substantially the form set tbrth on Exhibit A to the Loan Agreement, together with such changes as shall be approved by the Chain-nan or Vice-Chairman, such approval to be conclusively evidenced by the execution thereof by the Chairman or Vice-Chairman. The Note shall be executed on behalf of the Issuer with the manual signature of the Chairman or Mce- Chairman, and the Chairman or Vice-Chairman is hereby authorized to execute the Note on behalf of the Issuer. Section 6: Approval of Form qfLoan Agreement. The Loan Agreement, in substantially the form attached hereto as Extnbit A, is hereby approved. The Issuer hereby authorizes the Chairman or Vice-Chairman to execute and deliver on behalf of the Issuer the Loan Agreement, with such changes, insertions and additions as the Chairman or Vice-Chairman may approve, her execution thereof being conclusive.evidence of such approval. Section 7: Amendment. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Note except with the written consent of the Owner of the Note. Section 8: Limitation o_fRightx. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or shall be constmed to give to any Person other than the Issuer and the Owner any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer and the Owner. Section 9: Severabili~. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatever. Section 10: Applicable Prowsions of Law. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 11: _Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinatter" and other equivalent words refer to this Resolution and not solely'to the particular portion in which any such word is used. Section 12: Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 13: Authorizations. The Chairman or Vice-Chairman and any member of the Board of Commissioners and such other officials and employees of the Issuer as may be designated by the Issuer are each designated as agents of the Issuer in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, and contracts on behalf of the Issuer that are necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 14: Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. Section 15: EFfective Date. This Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this llth day of September, 2001. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: ~tle: ATTEST: Title: G:\02345\325 Resolu£ion { 1 ).wpd 3 Operating Budget R-evenues ~=und Balance 1,000,000 TIF I 943,241 Interest Income 35,000 ~Jther Total 1,978,241 Expenses Personnel/Staff 75,000 Audit Fee 350 [_egal Fees 25,000 _Copy Machine 300 City Clerk 1,500 Business Meetings 950 Publications 2,500I Facade ~ant 50,000 Contractual Services 50,000 ~Bond Insurance 4,000 Misc. 10,000 Sign Program 10,000 Debt Service 330,000~ Transfer to A & D Fund [ 1,250,000 Total Expensest- 1,809,600 Reserves 168,641 Acquisition & Development Fund Sources Loan Proceeds ~ 3,000,000 Transfer 1,250,000 ,Interest 60,000 Other T_o_tal 4,310,000 Uses ~and Acquisition 3,750,000 Demolition t t 50,000 Misc. Fees 10,000 Land I~nprovement 150,000 Riverwalk Project 250,000 Total 4,310,000, COMMUNZTY REDEVELOPMENT AGENCY SPECTAL MEETING Wednesday, August 22, 200~ Commission Chambers Room Boynton Beach S:30 P.M. II. III, IV. V. Call to Order Roll Call Property acquisition discussion Public Audience Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 56:~-742'6372 at ieast twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. March 30, 2001 DEPARTNIENT OF DEVELOPMENT · Building · Planning&Zoning · Occupational Licenses · Comrnunity Redevetopment Mr. Matthew Giacomino Phoenix Real Estate Inv. Group 907 N. Federal Hwy. Boynton Beach, Florida 33425 Re: Joe's Deli Dear Mr. Giacomino: As you know, pursuant to your recent inquiry regarding the status of the occupational license at the above referenced property, city staff conducted an inspection on March 22, 2001 to determine the extent to which previously noted and outstanding code violations had been corrected. During the course of this inspection a number of violations were observed (see attached inspection report). While these violations do not appear to pose an immediate life-threatening situation, many are considered to be life-safety in nature. In addition, during the inspection, it was noted that the equipment relating to the previously approved use as a restaurant/delicatessen had been removed. It appeared to the inspectors that the intended use of the property is to be a bar or cocktail lounge. If this is the case, please be advised that, in addition to correcting the outstanding violations, it will be necessary to apPly for a new occupational license for this new use. Because of the proximity of the property to residential areas, the City's Zoning code mandates that a bar or cocktail lounge at this location must be treated as a conditional use requiring the approval of the City Commission. Once you have substantially corrected the outstanding violations and confirmed the intended use of the property, city staff will be happy to process the appropriate applications for a conditional use and/or occupational license. Please feel free to contact Ms. Nancy Byme, Assistant Director of Development, at (561) 742-6372 if you have any questions or require any additional information. Sincerely, Quintus Greene Development Director Xc: Nancy Byme, Assistant Development Director Mike Rumpf, Planning and Zoning Director Ed Yates, Occupational License Manager Don Johnson, Building Official Bob Borden, PlO/Department Fire Marshall City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 · ~.ci.boynton-beach.fl.us DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 00-.110 TO: FROM: DATE: SUBJECT: Scott Blasie, Code Compliance Supervisor Don Johnson, Building Official fi,~',~. April 25, 2000 C.E.R.T. inspection at 907 N. Federal Hwy. - Joe's Deli/Piano Bar On April 20, 2000, I conducted an inspection for the Code Enforcement Response Team at the above location. My inspection revealed the following violations and information: 1. Seats and booths for patrons at this address were counted and the amount present was 70. New walls and ceiling have been constructed without benefit of permits and inspections in the Deli/Bar Area. This area is not in association with permit 99-5246 for new bathrooms. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). New ducrwork has been installed to old existing air handler without permits and inspections. (Sections 104.1~ I, 104.7.5 of the Boynton Beach Amendments to SBC-97). New piano bar has been constructed with electrical and plumbing. No permits have been secured or inspections made. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). Water damage is evident through existing walls. Patch all holes in walls and ceiling of both exterior and interior of building. Weatherstrip all windows and doors so insects and rodents do not enter, nest and breed. (Section 3401.6, SBC-97, Section 1205 inclusive, SBC-97). Upstairs apartment area has evidence of water damage and stainage to ceiling. Roof needs to be repaired or replaced to maintain watertight integrity. (Section 3401.6, SBC-97). Electrical switches, receptacles and cover plates are damaged or broken. Owner shall repair or replace. Missing breaker blanks in electrical panel shall be replaced. (Section 3401.6, SBC- 97). L.P. gas tank has been installed without benefit of permits and inspections. Tank is not properly supported and secured to building to withstand hurricane force winds. Bollards have not have installed to prevent vehicular traffic from damaging tank. (Sections 104.1.1, 104.7.5 of the Boynton Beach Amendments to SBC-97). Building Division Memo No. 00-110 ro Scott Blasie RE: C.E.R.T. Inspection at 907 N. Federal Hwy. - Joe's Deli/Piano Bar April 25, 2000 Page Two Stairs to upstairs apartments have deteriorated and are in need of maintenance and repair. (Section 3401.6, SBC-97). 10. With the addition of the Piano Bar to this address, this is a complete change of use and occupancy and shall be brought up to current codes. (Section 3401.2.2.1, SBC-97). 11. A wood deck has been built on the outside of the structure without benefit of permits and inspections. (Sections 104.1.1,104.7.5 of the Boynton Beach Amendments to SBC-97). 12. Landscaping and irrigation have been installed without permits and inspections. (Sections 104.1.1,104.7.5 of the Boynton Beach Amendments ro SBC-97). 13. Exterior hose bibbs shall have back flow preventers installed. (Section 3401.6, SBC-97). In conclusion, a design professional shall design plans and licensed contractors shall file applications, secure permits and receive applicable inspections. The owner or tenant is responsible for maintaining their building so that all portions of their building, both existing and new and all parts thereof, are maintained in a safe and sanitary condition. Thirty days to comply. By copy of this memo, the owner or leasee shall stop ail unpermitted work until such time that it becomes legally permitted. The Piano Bar portion of the establishment shall not be occup led until a Certificate of Completion is issued and an Occupational License can be secured for that business. DJ:bg XC: Owner: Phoenix Real Est. Inv. Grp., Inc., 907 N. Federal Hwy., Boynton Beach, FL 33435 Michael E. Haag, Building Code Administrator Lynn Hays, Permit Application Technician Bill Erskine, plumbing/Mechanical Inspector Ed Yates, Occupational License Manager \\ChSMAiN-xSHRDATA\Development\Building-6870\DocumentsXaMemos in Word\CERT-907 N Federal Hwy.doc MEMBERS ~ FINKELSTEIN, LARRY, Chairman HEAVILIN, JEANNE, Vice Chair / ~;~ AGUILA, JOSle /~ ~' DE MARCO, ALEXANDER ~/ ~ TILLMAN, HENDERSON ~£ ,~,4~,/ August 22, 200'1 PI10-01 CITY OF BOYNTON Bp. AdH FOLIO 08-43-45-21-32-001-0090 001 PAZIP BED BTH KB BLT 907 N DIXIE HWY 33435 1948 O8/lS/Ol ADJ SQFT SALE~SQFT AV 7,065 31.84 1.09 OWNER'S NAME AND ADDRESS PHOENIX REAL ESTATE IN-V GROUP INC GROUP INC 31 E COMMERCIAL BLVD FT LAUDERDALE FL 33334-1621 LOT CHARACTERISTICS 15,246.00 SQF TYPE: TAX YR==> 00 AMT==> ASSMT YR 2000 SALE DATE JUL. 1998 DEC. 1992 MORTGAGE COMPANY STEIN FAMILY LP LTD W G V P FLR BLDG USE EFFBLT LV SQFT 2 STORES - RETA 1955 6,136 LEGAL DESCRIPTION LAKE ADD TO BOYNTON PLATBOOK LTS 9 THRU 11 (LESS ELY 17 FT ii DIXIE HWY R/W) & 20 FT ABND PLATPAGE ALLEY LYG WLY OF & A/DJ TO BLK 71 5,383.61 PAID?==> Y TAX/FT==> BUILDING AGRICULTURE LAND 0 0 77,265 AMOUNT BOOK PAGE Q DT SALE DATE 225,000 10579 945 U WD DEC. 1992 100 7512 1967 D WD JAN. 1979 AMOUNT DATE MTG 180,000 080798 BAL 0.76 PRIOR YR DLQ==> Y TOTAL ASSMT SQ/FT 204,905 29.00 AMOUNT BOOK PAGE Q DT 175,000 7499 161 U WD 80,000 3071 901 0 00 TYPE RATE NUMBER FIXED N/A MTK YR BLDG LA_ND TOT VALUE SLUC CLUC BLDG CDE HOMEST APPR LP 00 127,640 77,265 204,905 11 1000 3500 0 N Y SELLER=> STEIN FAMILY L P LTD Fi=DEED/MTG; F6=COMPS MENU .r F2=BLDG(S); F4=TAXES; FS=EXT LEGAL; F7=DIMENSIONS; F8=FEATURES; F15=SKETCH PI10 FOLIO HAS LIEN(S), PRESS <ALT> AND <F3> TO VIEW RES JOE'S 907 N, Federal Hwy · Boynton Beach, FL 33435 (561) 369-5438 Fax: {561) 742-5954 GROCERY ITEMS * CIGARE~ES * ETCo COLD CUTS By The Po~lrid HOURS Monday thru Saturday 7:00AM - Sunday 11:00AM - 5:00PM COMMUNITY REDEVELOPMENT AGENCY Tuesday, August 14, 2001 Commission Chambers Rm Boynton Beach 6:30 P.M. I. Call to Order II. Roll Call liT. Agenda Approval: A. Additions, Deletions, Corrections. B, Adoption. 'ry. Approval of Minutes V. Director's Report: A. Financial 1) .]uly 2001 Financial Statement 2) Loan Status B. Project Updates 1) Federal Hwy. 2) MLK 3) Ocean District 4) Marina C. Future Agenda ]:rems D. Commission Action VI. Announcements and Presentations VII. Unfinished Business Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoY the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VIII. Public Hearings: Variances: A. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CHERRY HILLS- LOT 62 Octavia Sherrod, Community Development Derek and Tracy Wiley Southside of NW 9th Street. Avenue, between NW 4th and NW 5th Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.D.2.a to allow a single family house on a 7,200 square-feet lot in lieU of the 7,500 square-feet required by code in a R-1-A zoning district. IX. B. PROJECT NAME: CHERRY HILLS- LOT 64 AGENT: OCtavia Sherrod, Community Development OWNER: Sandra McPherson LOCATION: Southside of NW Street. 9th Avenue, between NW 4th and NW 5th DESCRIPTION: Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.D.2.a to allow a single family house on a 7,200 square-feet lot in lieu of the 7,500 square-feet required by code in a R-I-A zoning district. New Business: A. Proposed 2001-2002 Work Program B. Proposed 2001-2002 Budget C. Revised Staff Services Agreement D. "The ABC's of the CRA" Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal Opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. X. Public Audience XI. Other XII. Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Hann at 561-742-6372 at least bNenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. DE ZLOPMENT SERVICES DEPARTt,..~NT PLANNING AND ZONING DIVISION MEMORANDUM #01-156 Staff Report Planning and Development Board and City Commission VIII.A. Meeting Date: August 14, 2001 File No: ZNCV 01-015 - Lot area variance Location: Lots 62, 63, and 64 (portions) Cherry Hills Subdivision Owner: Derek and Tracy Wiley Project: New single-family home. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, to allow a single-family house on a 7,200 square-feet lot in lieu of the 7,500 square-feet required by code in a R-1-A zoning district. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned R-I-A, single family residential, and mostly developed. The applicant desires to develop the property for a single- family residence (see Exhibit "A" - Location Map). The approved plat of Cherry Hills Subdivision, as recorded in 1926, shows the original lots being 25-feet wide (see Exhibit "B" - Cherry Hills Subdivision). In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those in the plat of Cherry Hills. The current regulations require a minimum of 60 feet of frontage and 7,500 square-feet in lot area in the R-1-A zoning district. The subject parcels were conveyed to the applicant by the City, who would develop them with a single-family home using SHIP (State Housing Initiative Partnership) funds. The City has assembled portions of lots 62 and 64, with lot 63 in order to satisfy the 60- foot frontage requirement, but it remains 300 feet short of the minimum 7,500 square- foot area requirement (see Exhibit "C" - survey). The following is a description of the zoning districts and land uses of properties that surround the subject property: North: NW 9TM Avenue right-of-way and farther north single-family homes zoned R-1-A. South: Single-family homes zoned R-1-A. East: Vacant parcel zoned R-1-A. West: Single-family home zoned R-1-A. Page 2 File No. ZNCV 01-015 ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district: b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested would not confer on the appficant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. do That fiteral interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this analysis using the above criteria, which require that the request not be based on actions taken by the applicant; not deprive the applicant of rights and privileges already enjoyed by other properties in the same zoning district; be in harmony with the general intent and Purpose of City regulations, and not be detrimental nor injurious to the area and public welfare. According to the applicant's response to the above criteria, as contained in Exhibit "D", other property owners in the neighborhood have been allowed the privilege of reduced lot size. The applicant therefore feels that he is also entitled to the same privilege, and therefore has provided a plan depicting a proposed (approximately) 1,900 square foot residence for the sub ect 7,300 square-foot lot (see Exhibit "C" - survey). The applicant has also stated that the requested variance would allow development of a parcel that is consistent with other lots in the surrounding neighborhood. Furthermore, as per the applicant, the proposed structure will be harmonious with both the typical s~ze and architectural style of other new houses in the area, therefore, minimizing negative or injurious impacts to the neighborhood. Page 3 File No. ZNCV 01-015 City records and on-site inspections of the neighborhood, have verified that several similar variances for lot area have been granted within close proximity to the subject property. City records indicate that a total of fifteen (15) pro3erties within the Cherry Hills Subdivision have been the subject of variances approved since 1964, the majority for rear or side setbacks, but five (5) of them for lot area reductions to allow construction of single-family homes on non- conforming lots (see Exhibit "E" - variance Iocator map). Therefore, staff concurs with the applicant that the granting of this variance request will not confer any special privileges to the applicant. Staff acknowledges that by modifying the site development regulations in 1975 to require a m~nimum of 60-foot frontage and 7,500 square-foot lot size, the City created certain hardships and non-conformities for owners of older 31aired lots. The applicant has made a good faith effort to comply with the City's minimum site development requirements by combining portions of several lots to meet the minimum frontage requirement. Therefore, staff agrees that the applicant has demonstrated that approval of this request is the minimum that will make possible a reasonable use of the property. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff acknowledges that the applicant has proven that a hardship condition exists, and that the applicant has made a reasonable attempt to bring the subject parcel into conformance with current regulations. Furthermore, staff concludes that the approval of this request will support affordable housing goals of the City's Infill Program; wilt increase the properzy values of the neighborhood; decrease unsightly conditions; and beautify the streetscape. Therefore, staff recommends that the requested variance be approved, thereby granting the relief necessary to allow the construction of a single-family home on a non-conforming lot with 7,200 square-feet in lieu of the 7,500 square-feet required by code; No conditions of approval are recommended; however, any conditions of approval recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F". MR/ad S:\P~anning\SHARED~,WP PROJECTS~Cherry Hill Lot 62\STAFF REPORT.doc Page 3 File No. ZNCV 01-015 City records and on-site inspections of the neighborhood, have verified that several similar variances for lot area have been granted within close proximity to the subject property. City reccrds indicate that a total of fifteen (15)properties within the Cherry Hills Subdivision have been the subject of variances approved since 1964 the majority for rear or side setbacks, but five (5) of them for lot area reductions to allow construction of single-family homes on non- conforming lots (see Exhibit "E" - variance locator map). Therefore, staff concurs with the applicant that the granting of this variance request will not confer any special privileges to the applicant. Staff acknowledges that by modifying the site development regulations in 1975 to require a minimum of 60-foot frontage and 7,500 square-foot lot size, the City created certain hardships and non-conformities for owners of older platted lots. The applicant has made a good faith effort to comply with the City's minimum site development requirements by combining portions of several lots to meet the minimum frontage requirement. Therefore, staff agrees that the applicant has demonstrated that approval of this request is the minimum that will make possible a reasonable use of the property. CONCLUSIONS/RECOMMENDATION Based or' the analysis contained herein, staff acknowledges that the applicant has proven that a hardship condition exists, and that the applicant has made a reasonable attempt to bring the subject parcel into conformance with current regulations. Furthermore, staff concludes that the approval of this request will support affordable housing goals of the City's lnfill Program; will increase the 3roperty values of the neighborhood; decrease unsightly conditions; and beautify the streetscape. Based on the conclusions, staff recommends that the requested variance be approved, thereby granting the relief necessary to allow the construction of a single-family home on a non- conforming lot with 7,200 square-feet in lieu of the 7,500 square-feet required by code; No conditions of approval are recommended; however, any conditions of approval recommended by the Community RedevelOpment Agency Board or City Commission will be placed in Exhibit "F'. MR/ad S:\Ptaanmg\SHARED~,WP\PROJECTS\Chem/Hill Lot 82\STAFF REPORT.doc LOCATION MAP Cherry Hills- 62-63-84 EXHIBIT "A" ~" ~7~ Z ~ ,7, :: ~ ~ ~ m L~j EXH~ SURVEY LE( LOT 62, LE~ PLA PALM BE EXHIBIT "D" A. The City of Boynton Beach through its InfilI Program acquires vacant properties. The properties are then given away to first time homebuyers qualified to participate in the City's Program. The community benefits from the Program by eliminating the slum and bIight conditions (illegal dumping and over.own lots) in the neighborhood, increasing the tax base, and providing affordable housing. The City has recently given two 60 foot road frontage parcels away. Each parcel has at least one whole platted lot is 120 feet deep and contains 7,200 square feet. The 60 foot road frontage meets the requirements orR. lA zoning and is the dominant sized lot in the 500 block ofN. W'. 9th Avenue with l(one)- 52 feet lot and 2(bvo)-58 feet lots and the comer lots being the exception. Ail of the lots on the South side of the block are 120 feet deco which means that ail of the inside 60 feet parcels do not comply with the 7,500 square feet RIA requirement. This zoning requirement has created a bander that prevents the parcels from being readily developed in a manner consistent with the surrounding neighborhood. The platting, development and construction of other homes in the communitw was performed by others over a long period of time. The city has recently installed sewers and is wortdng as a facilitator to complete the community. There is no special privilege or particular benefit to building on a lot size consistent with as-builts in the immediately surrounding area. There currently exists three developed properzies on the same block that have 1east 240 square feet less than the subject property and three developed properties with the same (60 feet x I2~ feet) 7,200 square feet. The rights of home ownershhp enjoyed by those property owners should be no geater than the z4ghts of these fzrst time homebuyers. The proposed homes exceed the minimum requirement of 1,250 square feet, meet ail of the existin~ set-back requirements,, will not cover more than 40% of the lot and the parcels meet the required 60 feet road frontage. The minimal 300 square feet vmdance is shared by other existLng homes on the block and is ail that is r~quired to build on these parcels. The ganting of the variance does not affect the size of the home, required setbacks or the character of the neighborhood. It does eliminate vacant land, creates affordable housing, makes a positive impact on the community and increases the value of the surrounding' homes. JUN - 8 200i S.?, W,M. REDUCTION [~i VARIANCES ?.fro $os~ 0RII57 P044 I HER VARIANCES ,.,,~UBJECT-~ , ~ -~. ,~_ PROPERTY ¢' ~ ~ ' EXHIBIT "F" Conditions of Approval Project name: Lots 62, 63, and 64 (portions), Cherry Hills Subdiwsion File number: ZNCV 01-015 (Lot area) dated June 2001 Reference: Zoning coctev anance ~ppnuauun u,~,~,~ o ~ ......... DEPARTMENTS ~CL~E ~JECT P~LIC WO~S Comments: NONE UT~ITIES Con~ents: NONE F~ Co~ents: NONE POLICE Co~ents: NONE ENG~EE~G DWISION Comments: NONE BUff D~G DWISION Co~ents: NONE PA~S A~ ~C~ATION Co~ents: NONE FO~STEWENV~O~ENT~IST Co~ents: NONE PLA~G A~ ZON~G Co,inherits: NONE ~DITION~ COMM~ITY ~DEVELOPMENT BO~ CO~ITIONS Co~ents: To be dete~ined. ~DITION~ CITY COMMISSION CONDITIONS Co~ents: To be dete~ned. MWR/pat S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 62\CONDtTIONS OF APPROVAL ZONING CODE VARIANC DEVELOPM~'"'IT ORDER OF THE CITY COMMIS""'"~ON OF THE L,., Y OF BOYNTON BEACH, PROJECT NAME: Lots 62, 63, and 64 (portions) Cherry Hills Subdivision APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: PO BOX 310, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: August 21, 2001 TYPE OF RELIEF SOUGHT: Lot area LOCATION OF PROPERTY: South side of NW 9th Avenue, between NW 4th Street and NW 5th Street DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT o established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. Ali further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 62\DEVELOPMENT ORDER.DOC DE.,:LOPMENT SERVICES DEPARTI~,~NT PLANNING AND ZONING DIVISION MEMORANDUM #01-157 Staff Report Planning and Development Board and City Commission VIII.B. Meeting Date: August 14, 2001 File No: ZNCV 01-016 - Lot area variance Location: Lots 64, 65, 66, and 67 (portions) Cherry Hills Subdivision Owner: Sandra Mc Pherson Project: New single-family home. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, to allow a single-family house on a 7,200 square-feet lot in lieu of the 7,500 square-feet required by code in a R-1-A zoning district. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned R-l-A, single family residential, and mostly developed. The applicant desires to develop the property for a single- family residence (see Exhibit "A" - Location Map). The approved plat of Cherry Hills Subdivision, as recorded in 1926, shows the original lots being 25-feet wide (see Exhibit "B" - Cherry Hills Subdivision). In 1975 the City adopted new zoning regula.tions which caused many parcels to become legally non-conforming, including those in the plat of Cherry Hills. The current regulations require a minimum of 60 feet of frontage and 7,500 square-feet in lot area in the R-1-A zoning district. The subject parcels were conveyed to the applicant by the City, who would develop them with a single-family home using SHIP (State Housing Initiative Partnership) funds. The City has assembled portions of lots 62 and 64, with lot 63 in order to satisfy the 60- foot frontage requirement, but it remains 300 feet short of the minimum 7,500 square- foot area requirement (see Exhibit "C" - survey). The following is a description of the zoning districts and land uses of properties that surround the subject property: North: NW 9th Avenue right-of-way and farther north single-family homes zoned R-1-A. South: Single-family homes zoned R-1-A. East: Vacant parcel zoned P,-1-A. West: Single-family home zoned R-1-A. Page 2 File No. ZNCV 01-016 ANALYSIS The code states that the zoning code variance cannot be approved uniess the board fine- - following: %hat special conditions and circumstances exist which are pecufiar to the land, stru~.::: or building involved and which are not applicable ~o or, bet lands, structures or build?- th,: same zoning district. b. That the special conditions and circumstances do ~ ' ' , . ,,o~. result from *.ne actions applicant. i-,bat granting the variance requested would nor confer on the appiicanr any sF:-..- privilege that is denied by this ordinance to other lands, buildings, or structures h': same zoning district. That literal interpretation of the prow'alone of u,,~ ordinance would deprive the appfic~:~t fights commonly enjoyed by ot.~er prope~ies in the same zoning district under the the ordinance and would work unnecessao, and undue hardship on the applicant. That me variance granted is the minimum variance that wfl/ make ,~,u~o,o~e the use of the land, building, or structure. ~:~a: ~ne grant of the variance w/il be in harmony with b~e general intent and this chapter [ordinance] and that such variance vvitl not be znjurious to the area involve.. u:~,~.n~e detrim,,ental to the public we;~re. Staff has conducted ihis analysis using the above criteria, which require that the request nc): ':-- based on actions taken by the applicant; not deprive the applicant of rights and privileges already en~ioyed by other properties in the same zoning district; be in harmony with the gene'"? intent and purpose of City o ' ~' ~'~' ~ ' ' r..gu,auons, and not be d~.:, ~m~n~a, nor injurious ~o the area and public welfare. ~cord,ng to the applicant's response to ~h, above criteria, as contained in Exhibit D, property owners in the neighborhood have been allowed the priv ego of reduced lot size. applicant therefore feels that he is also entitled to the same privilege, and therefore has prov dod a plan dep ct ng a pro0osed (approx mate y) t .900 square foot residence for the sub,'ect 7,300 square-foot lot (see Exhibit "C" - sup~ey). The applicant has also stated that the requested variance would allow development of a part; that is consistent with other lots in the surrounding neighborhood. Furthermore, as per the applicant, the proposed structure will be harmonious with both the typical size and architectu: style of other new houses in the area, therefore, minimizing negative or injurious imoacts to ~--: neighborhood. Page 3 File No. ZNCV 01-016 City records and on-site inspections of the neighborhood, have verified that several similar variances for lot area have been granted within close proximity to the sub.iect property. City records indicate that a total of fifteen (15) properties within the Cherry Hills Subdivision have been the subject of variances approved since 1964, the majority for rear or side setbacks, but five (5) of them for lot area reductions to allow construction of single-family homes on non- conforming lots '(see Exhibit "E" - variance locator map). Therefore, staff concurs with the applicant that the granting of this variance request will not confer any special privileges to the applicant. Staff acknowledges that by modifying the site development regulations in 1975 to require a minimum of 60-foot frontage and 7,500 square-foot lot size, the City created certain hardships and non-conformities for owners of older platted lots. The applicant has made a good faith effort to comply with the City's minimum site development requirements by combining portions of several lots to meet the minimum frontage requirement. Therefore, staff agrees that the applicant has demonstrated that approval of this .equest is the minimum that will make possible a reasonable use of the property. CONCLUSIONS/RECOMMENDATION Based on the analys~s contained herein, staff acknowledges that the applicant has proven that a hardship condition exists, and that the applicant has made a reasonable attempt to bring the subject parcel into conformance with current regulations. Furthermore, staff concludes that the approval of this request wil support affordable housin9 goals of the City's Infill Program; will increase the property values of the neighborhood; decrease unsightly conditions; and beautify the streetscape. Therefore, staff recommends that the requested variance be approved, thereby granting the relief necessary to allow the construction of a single-family home on a non-conforming lot with 7,200 square-feet in lieu of the 7,500 square-feet required by code; No concitions of approval are recommended; however, any conditions of approval recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F". MR/ad S:\Planning\SHARED\WP\PROJECTS\Cherry Hill Lot 84\STAFF REPORT.doc LOCATION MAP Cherry Hills- 64-65-66 EXHIBIT "A" 80C FEET · ~p ~ ~4:4,.9 ~ ~4 :L SURVEY q EXHIBIT "D" A. The city of Boynton Beach through its Infill Progam acquires vacant properties. The properties are then given away to first time homebuyers qualified to participate in the City's Progam. The community benefits from the Program by eliminating the slum and blight conditions (illegal dumping and over,own lots) in the neighborhood, increasing the tax base, and providing affordable housing. The City has recently given two 60 foot road frontage parcels away. Each parcel has at least one whole platted lot is 120 feet deep and contains 7,200 square feet. The 60 foot road frontage meets the requirements of R1A zoning and is the dominant sized lot in the 500 block ofN. W'. 9th Avenue with l(one)- 52 feet lot and 2(two)-58 feet lots and the comer lots being the exception. Ail of the lots on the South side of the block are 120 feet deep xvhich means that ali of the inside-60 feet parcels do not comply with the 7,500 square feet R1A requirement. This zoning requirement has created a barrier that prevents the parcets from being readily developed in a manner consistent with the surrounding neighborhood. B. The platting, development and construction of other homes in the community was performed by others over a long period of time. The city has recently installed sewers and is working as a facilitator to complete the community. C. There is no special privilege or 1: articular benefit to building on a tot size consistent with as-builts in the immediately surrounding area. D. There currently exists three developed properties on the same block that have least 240 square feet less than the subject property and three developed properties with the same (60 feet x 120 feet) 7,200 square feet. The fights of home ownership enjoyed by those property owners should be no ~eater than the fights of these first time homebuyers. E. The proposed homes exceed the minimum requirement of 1,250 square feet, meet all of the existing set-back requirements, will not cover more than 40% of the lot and the parcels meet the required 60 feet road frontage. The minimal 300 square feet variance is shared by other existing homes on the block and is alt that is required to build on these parcels. F. The ganting of the variance does not affect the size of the home, required setbacks or the character of the neighborhood. It does eliminate vacant land, creates affordable housing, makes a positive impact on the community and increases the value of the surrounding-homes. . S.F', W,b,1. ,, LOT AREA REDUCTION u'~ '~ VARIANi t" ,-.-.-.-.-.-.--. '2 I::::.;: ~,t . ¢:::,~.::: ,~05 1.46 AC 0RII57 .. P044 I DEVELOPMr-'T ORDER OF THE CITY COMMI~? %ON OF THE C~ ~Y OF BOYNTON BEACH, FLORIb~ PROJECT NAME: Lots 64, 65, 65 and 66 (portions) Cherry Hills Subdivision APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: PO BOX 310, Boynton Beach, FL 33425 DATE OF CITY COMMISSION PUBLIC HEARING: August 21, 2001 TYPE OF RELIEF SOUGHT: Lot area LOCATION OF PROPERTY: South Side of NW 9th Avenue, between NW 4th Street and NW 5th Street DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief Sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 64\DEVELOPMENT ORDERiDOC EXHIBIT "F" Conditions of Approval Project name: Lots 64, 65, 66 and 67 (portions), Cherry Hills Subdivision File number: ZNCV 01-016 (Lot area) Refe Zonin Code Variance Application dated June 8, 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: NONE ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/pat S:\PLANNING\SHARED\WP\PROJECTS\CHERRY HILL LOT 64\CONDITIONS OF APPROVAL ZONING CODE VARIANCE.DOC IV. J~IIVLIT~ MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 10, 2001 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Al DeMarco Don Fenton Henderson Tiilman Absent Quintus Greene, Director of Development/CRA Lindsey Payne, Board Attorney Mike Rumpf, Planning and Zoning Director Hanna Matras, Economic Planner Dick Hudson, Senior Planner Jos~ Aguila Michelle Hoyland I. Call to Order Chairman Finkelstein called the meeting to order at 6:32 p.m. 'He explained that the CRA is established under State law and is entirely composed of citizen volunteers appointed by the City Commission to advise on matters pertaining to the planning and zoning in the CRA area. Chairman Finkelstein intr~(~duced the Board members. Mr. Greene introduced staff members Lindsey Payne, Mike Rumpf, Dick Hudson, Hannah Matras, and Cynthia Mann, Assistant to the Director of Development. Nancy Byrne, Assistant Director of Development, would be joining the meeting later. Chairman Finkelstein read the procedures for conducting the meeting. He asked Mr. Greene if the items on the agenda were propedy advertised. Mr. Greene reported that the three variance cases were advertised in the Palm Beach Post on June 25, 2001. Notices were mailed to property owners of record within 400' on June 22, 2001. The U.S. Highway #1 Corridor Land Use Map Amendment was advertised in the Palm Beach Post on June 30, 2001 and on July 10, 2001 for the City Commission meeting scheduled for July 17, 2001. Notices were also mailed to property owners of record within 400' on June 9, 2001. II. Roll Call The Recording Secretary called the roll and a quorum was declared present. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida III. A. None B. Motion Agenda Approval: Additions, Deletions, Corrections Adoption July 10, 2001 Mr. Tillman moved to approve the agenda, which was seconded by Vice Chair Heavilin and unanimously carried. Approval of Minutes: Workshop of June 9, 2001 Regular Meeting of June 12, 2001 IV. Chairman Finkelstein stated that his agenda packet did not contain the entire minutes for the June 9, 2001 workshop. Pages 7 through 11 were missing. Mr. Greene will forward Chairman Finkelstein the full set of minutes for his review. Motion Mr. DeMarco moved to approve the minutes of the June 9, 2001 Workshop, subject to review and receipt of the missing pages by Chairman Finkelstein. Motion seconded by Vice Chair Heavilin and unanimously carrred. Motion Vice Chair Heavilin moved to approve the minutes of the June 12, 2001 meeting. Motion seconded by Mr. Tillman and unanimously carried. V. Director's Report A. Financial 1. June 2001 Financial Statement Mr. Greene referred members to the June 2001 Financial Statement and noted that the costs for business meetings and workshops are now being included. Copying costs associated to the CRA are also being included. The personnel costs are attributable to attendance at the meetings by a Recording Secretary from the City Clerk's Office. The total funds in the budget through June are $1,016,000. Meeting Minutes Comm unity Redevelopment Agency Boynton Beach, Florida July 10, 2001 2. 2001-2002 Budget Also included in the agenda packet was the preliminary three-year budget for the CRA. The CRA will be discussed at greater length at the workshop. Two additional years have been added to make the budget a five-year budget, which is being done for all City departments. 3. Loan Status Mr. Greene reported that he spoke with representatives of the Bank of America, Fidelity Federal Savings Bank, BankUnited and SunTrust regarding the $3 million loan by the CRA. Only Bank of America and Fidelity Federal showed any interest. Bank of America was the only bank willing to give a 15-year term. Mr. Greene said he is recommending that the Board proceed with Bank of America to negotiate the CRA loan at a fixed interest rate. The first rates quoted by Bank of America have gone up. Since the City has an established relationship with Bank of Amedca, it would be to the Board's advantage to move forward with this Bank to establish CRA credibility. Chairman Finkelstein inquired if the loan would be in the form of a line of credit. Mr. Greene stated choosing this method would mean that the rates would fluctuate. It is anticipated that the funds borrowed would be utilized quickly and it would be to the advantage of the Board to act quickly on this. Motion -:' Mr. Fenton moved that this Board proceed with Bank of America. Motion seconded by Mr. Tillman and unanimously carried. B. Project Updates Mr. Greene reported on the following projects: 1. Federal Highway The consultant is approximately two-thirds done with her contract to review and recommend specific revisions to the City's zoning code for the Federal Highway Corridor. The zoning recommendations are designed to fit together with the Land Use Amendments. 2. Martin Luther King Boulevard Plan The consultant has been meeting with various people in the area and a series of Community Workshops have been scheduled. The first one will take place on July 21st at the Wilson Center from 10:00 a.m. to 3:00 p.m. The second workshop is 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 scheduled for Saturday, August 11t" at the HeadStart Office on NE 3r~ Street. The third one is schedu ed for August 25t~ at Poinciana Elementary School. 3. Ocean District Plan Staff is continuing with its Phase 1 survey. Mr. Greene will have more to report at the next meeting. 4. Marina Project Construction of temporary parking at Ocean Avenue and 6t~ Street is scheduled to begin in two weeks. Construction of the restaurant and commercial buildings will follow. C. Future Agenda Items At the next meeting, it is anticipated that two lot variances in the Cherry Hill section of the City will be on the agenda. D. Commission Action The City Commission granted the time extension for the completion of the Casa Loma improvements to October 15~. Also approved was the fee-in-lieu-of-parking ordinance. The ordinance was changed to reflect that. there would be no fee until the fiscal year ending September 30, 2002. Thereaft~?, the fee would increase by $1,000 per year up to seven years. The Economic Development Ordinance was approved at the June 19~ meeting. VI. Announcement and Presentations Chairman Finkelstein announced that a workshop will be held on Saturday, July 28, 2001 at 9:00 a.m. in Conference Room C, City Hall. VII. Unfinished Business Mr. Fenton inquired if the fee-in-lieu of Ordinance made this Board the City's Parking Authority. Mr. Greene said the City has no Parking Authority and the CRA does not serve in that capacity. VIII. Public Hearings: Chairman Finkelstein read the procedures for conducting a public hearing. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 Variance PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: HABITAT FOR HUMANITY Carl Ijams, Habitat for Humanity Nathaniei Robinson 233 NE 11~ Avenue Lot 5, Block 2, Meeks & Andrews Addition to Boynton Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a to allow a single-family home on a fifty (50) foot wide lot in lieu of the sixty (60) feet required by code in an R-2 zoning district. Vice Chair Heavilin stated that she had a conflict with this item and would not be commenting or voting on this variance request. Attorney Payne inquired what the conflict was and Vice Chair Heavilin stated she would be receiving a real estate commission from the sale. Attorney Payne administered the oath to all persons who would be testifying. Mr. Rumpf stated that the lot was platted and is a substandard 50' wide lot. The lot does exceed the area minimum requirement, but does not fit the size of a conventional lot within the R-2 zoning district. Staff supports the variance based upon similarities to other applications that have'' been processed in the neighborhood. The house would be an enhancement to the area. Mr. Carl Ijams, President of the South Florida Habitat for Humanity stated that they have built four homes in the Boynton Beach area and are ready to proceed with two more. Mr. ijams thanked the civic and religious groups that have assisted with building affordable housing. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public audience was closed. Mr. Tillman acknowledged the intent of Habitat for Humanity in providing affordable housing and he supports their efforts. However, he raised concerns that the applications for these homes all go to one area of the City, which continues to encourage the substandard mode in that particular neighborhood. In order for the City to eliminate boundaries based on race and color, these types of homes should not be permitted. This type of housing would not be permitted in other areas of the City and he would like the City to stop this type of substandard behavior. Mr. Fenton asked the applicant what the criterion was for people moving into these types of homes. Mr. Ijams stated there are three criteria. The first one is that they Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 must be willing to work with Habitat for Humanity, have a means to make the mortgage payment and are currently living in sub-standard housing. The houses they have built have had a positive impact on the neighborhood and encourage the remainder of the neighborhood to make improvements. Mr. Ijams stated they have built 43 homes and have experienced no defaults. Mr. Tillman wants this practice stopped. He stated on one side of the road the City acquires land to assemble large parcels of land. On the other side of the road the City continues to permit variances to perpetuate sub-standard behavior. This area needs to be reconfigured and parcels should be put together to add value to the area. Mr. Greene noted that at one time a 5,000' lot was conforming and through governmental action the lot became non-conforming. This leaves a property owner with no options to develop the lot through no fault of his own. Mr. Greene acknowledged that there are a great deal of empty lots in the eastern section of the City and that these variances are an issue, which staff is addressing. Mr. Greene agreed that perpetuating the variances is not in the best interests of the City. Motion Mr. Fenton moved to approve staffs recommendation. Motion seconded by Mr. DeMarco, Motion carried 3-1-1 (Mr. Ti//man dissenting and Vice Chair Heavilin abstaining.) Mr. DeMarco requested the issue be placed on the agenda of one of the Board's workshops to determine whether or not these homes have improved the neighborhoods. PROJECT NAME: Agent: Owner: Location: Description: PENCE PARK Paul Fleming, Engineering Dept. City of Bo~nton Beach 600 SE 4'" Street Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.1.2, requiring a minimum twenty-five (25) foot rear yard setback in the Recreation Zoning District to allow an eighteen (18) foot variance which is a seven (7) foot rear yard setback. Mr. Rumpf stated that the application is to replace an existing bathroom facility at Pence Park. The existing facility was built several years ago and is set back approximately 7' from the property line. Due to the cost of repair and the current 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 condition of the facility, staff has determined to raze the building and replace it with a new building. Staff acknowledges that there is not a conventional hardship to justify the variance, but based upon public service and cost, staff recommends approval. Chairman Finkelstein announced the public hearing. Mr. Bill DeBeck, Project Manager for the City, stated this is the City's oldest restroom facility and it does not meet any codes. The Park has been rebuilt and is used a great deal. The area chosen for the bathroom is the best location due to its proximity to the ballfields and basketball court. Chairman Finkelstein closed the public hearing. Motion Mr. Tillman moved for approval. unanimously carried. Motion seconded by Mr. DeMarco and PROJECT NAME: Agent: Owner: Location: Description: ANIMAL CONTROL Liz Roehrich, Animal Control Division City of Bo.~,nton Beach 415 NE 4"~ Street Request relie[ from Land Development Regulations, Chapter 2, Zoning, Section 4.J.2, requiring a maximum fence height of 6 feet in the CBD Zoning District, to allow an eight (8) foot high chain link fence, which is a two (2) foot variance. Mr. Rumpf stated this is the City's Animal Control Shelter located in the CBD north of Boynton Beach Boulevard. The existing fence is ineffective in controlling theft and keeping out trespassers. Even though this is not a traditional hardship, staff approved the variance for the good of the public. There would be no impact upon the area. A diagram of the proposed fence is included in the agenda packet. Chairman Finkelstein opened the public hearing. Mr. Andrew O'Brien, owner of the property at 408 NE 3rd Street, stated he did not receive a notice of the variance headng, even though his property is located within 400' of the subject location. Mr. O'Bden requested that the City consider theft as being a hardship in the C-4 Zoning District. William Hegstrom, 425 NE 4~ Avenue, stated he owns the property adjacent to the north side of the Animal Shelter. He has a 6' fence on his property, but would 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 like to have an 8' fence. He is in favor of the variance. He noted that the Animal Shelter has been broken into many, many times, Chairman Finkelstein closed the public audience, Mr. Fenton inquired why adjacent property owners were not allowed to put up an 8' fence and Mr. Rumpf stated that variances are reviewed on a case-by-case basis. Mr. DeMarco acknowledged the presence of Commissioners Mike Ferguson and Mack McCray in the audience. Motion Vice Chair Heavilin moved for approval. Motion seconded by Mr. Tillman and unanimously carried. Chairman Finkelstein stated that an absent Board member had inquired if there would be any landscaping around the fence. Mr. Rumpf stated there would be none at this time. Mr. Fenton would like the granting of this variance used as a precedent for granting variances for fences in this area. Land Use Amendment/Rezoninq 4 PROJECT NAME: AGENT: OWNER: LOCATION: US 1 CORRIDOR LAND USE MAP AMENDMENT City of Boynton Beach Numerous property owners Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the south, bounded by the Intracoastai Waterway on the east and the right-of-way of the Florida East (FEC).Railway on the west. DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from present designations of General Commercial (GO), Local Retail Commercial (LRC), Office Commercial (CC), High Density Residential (HDR), Medium Density Residential (MeDR) and Low Density Residential (LDR) to Mixed Use (MX). Mr. Dick Hudson, Senior Planner, presented the City's request and pointed out the area in question on the map displayed on the overhead screen. Corresponding 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 zoning districts are in the process of being drafted and will be adopted and applied at the time the Land Use Amendment is adopted. For background purposes, the City adopted a Comprehensive Plan Amendment as recommended by the Visions 20/20 Plan. The Amendment was reviewed by the CRA and adopted by the City Commission in May 2001. At the time of adoption, staff was instructed to implement the recommendations of the study. Tonight's hearing is the first recommendation from the study, which is to hold a public hearing. After the City Commission approves the Amendment, it will be sent to the Florida Department of Community Affairs (DCA) that will review it and make recommendations and comments. The Amendment is then returned to the City sometime in October for staff to review DCA's comments. After that, the Amendment will be brought forward for adoption in December 2001 and would become effective in February 2002. The companion zoning ordinances would also be adopted in December 2001. There are eight (8) criteria in reviewing Land Use Amendments required by Code and staff has determined that the changes meet the eight criteria. The proposed. amendment would continue the adjacent established land use pattern and create a greater range of uses in the designated CRA area to encourage redevelopment and in-fill. Mixed Use is the City's most flexible land use category. Currently there is a Mixed Use category that goes from the C-16 Cana!~.to Ocean Avenue. The study divided the corridor into five (5) separate areas. There are two entrance areas, Nos. 1 and 5; the central core district, area No. 3; and the two gateway areas, Nos. 2 and 4. Intensive development will be centered in Area 3. Mr. Hudson explained that there would be a lower intensity in areas 2 and 4. Zoning will be put in place to protect single-family residences along the Intracoastai. For all these reasons, staff recommends adoption of the US 1 Corridor Land Use Map Amendment. Mr. Hudson presented a petition to the Recording Secretary to place on record signed by 62 property owners of Boynton Isles and Lee Manor Isles, who are in opposition to the Amendment. Mr. Greene reported that there is a great deal of misunderstanding and misinformation in the community on what is actually being proposed. This is a Amendment to the Comprehensive Plan and is not a change in zoning. The proposed Amendment is in complete conformity with the Federal Highway Corridor Redevelopment Plan adopted by the City in May. The Plan recommends going to a Mixed Use designation in areas 2, 3 and 4 in terms of land use. Mixed Use includes R-1AA, single family; R-lA single family; and R-3 multi-family. Also 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 included are commercial uses that are permitted in C-1, C-2 and C-3. This will not alter anyone's zoning. In the Federal Highway Corridor Plan there is a recommendation that calls for new zoning regulations that in pad "will be intended to preserve existing and established neighborhoods, phase out undesirable, intensive commercial uses and establish progressive lot restrictions to optimize uses, land uses and pedestrian environments". The companion zoning will accomplish this. Chairman Finkelstein opened up the public hearing. Andrew O'Brien, 408 NE 3rd Street, Boynton Beach, said he could not support the Amendment unless the zoning map was presented to the public at the same time. Robert Stone, 945 Brookdale Drive, Boynton Beach, said that he has a background in zoning and said the intent of the zoning is not distinguishable from looking at the map. He stated that the zoning is out of character with the neighborhood and requested that the Board deny the Amendment. Tammy Laing, 937 Greenbriar Drive, Boynton Beach, complimented the City on the good job it is doing with its downtown development. Ms. Laing pointed out that her neighborhood is not an undesirable neighborhood and consists of single family homes, which are well maintained. Ms. Laing thinks that there is some kind of ulterior motive, which they are not being told. Kevin Scully, 941 Brookdale Drive, Boynton Beach, said the City is sending out the wrong message about the change in zoning. He doesn't want to see people coming into his neighborhood to put up a housing development. He had concerns regarding egress and ingress into his neighborhood during the construction of Federal Highway. Brad Martin, 920 Greenbriar Drive, Boynton Beach was pleased with all the changes taking place downtown. Mr. Martin feels that the Land Use Amendment is the first step to zoning changes and he would like to have his community, Boynton Isles, excluded from any Mixed Use designation. Jay Laing, 937 Greenbriar Drive, Boynton Beach inquired if taxes would go up as a result of the Mixed Use zoning. He wants to keep Boynton Isles strictly a residential area. Dan Holthouse, 615 Castilla Lane, Boynton Beach ,said he has not heard anything said tonight that would assure him that Boynton Isles would remain residential. They are already located near Mixed Use and can walk to shopping in various directions. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 Tom Hart, 848 SE 7th Street, Boynton Beach, said his house faces U.S. 1, behind a doctor's office, which generates a great deal of traffic. He raised concerns about U.S. 1 becoming so congested that traffic cannot move. Philip Bacon, owner of Sunshine Car Wash, 1310 N. Federal Highway, Boynton Beach, objects to the change. He said the Board is being deceptive and intends to eliminate the C-4 zoning in the north end of Federal Highway, which has the only C-4 zoning in the City. Mr. Bacon said if his zoning was taken away, he is going to seek compensation. He said many of the other owners of businesses in this area are opposed to the change, because their preperty would become non-conforming and there would be many circumstances that could cause them to lose their businesses and their livelihoods. Gary Small, 949 Brookdale Drive, Boynton Beach has lived in his house since 1978 and noted that many of the people who have moved into the neighborhood have invested a great deal of work and money into upgrading their properties. People's homes are their biggest investment and he would like Boynton Isles excluded from the rezoning to prevent the community from becoming a rental community. If the rezoning moves forward, he is prepared to fight to prevent it. Mary Law, 625 S. Federal Highway, Boynton Beach, said she studied the map and felt the map was confusing and unclear. She requested that a more understandable map be prepared. All the areas along U.S. 1 east to the Intracoastai and west to the railroad tracks should have the same zoning. She felt that favoritism was being given to Area No. 3. Ms. Law said this would result in signage problems for businesses and that the language in Section 6 of the Plan is very vague. She disagreed with Mr. Greene and said that rezoning is taking place. Ms. Law inquired if the CRA Board had authority to charge higher taxes so it could buy up the properties it wants. People should have more of :a say in what transpires in the City. Attorney Payne administered the oath to Ms. Dacamara and Mr. Edwards. Louise Dacamara, 836 East Drive, Boynton Beach, said she spoke with Mr. Hudson today who tried to explain the Plan to her, but she still did not understand what was really going on. She feels there is an ulterior motive for this change. Ms. Dacamara requested that the area remain residential. Brian Edwards, 629 NE 9~ Avenue, Boynton Beach, pointed out that he has attended most of the meetings regarding the Comprehensive Plan Amendments. During the past three years the trend was towards an oveday zone for the Corridor. He was surprised that the City did not look at oveday zoning before proceeding in this direction. The City should keep the people informed on what is happening. Mr. Edwards said there is no definition of zoning at this time and no one has anything 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 to look at except what they are looking at now. He expressed surprise at the public outcry and felt it was attributable to people not knowing what was going on. Chairman Finkelstein closed the public hearing. Mr. Greene addressed some of the concerns expressed. The difference between the Comprehensive Land Use Plan and zoning is that zoning permits specific uses allowed on a specific parcel. The Comprehensive Plan addresses an overall plan for a particular area. Zoning is done pursuant to a Plan. Currently, the City is dealing with the Plan. The City is not dealing with zoning tonight and tonight's hearing has nothing to do with zoning. Mr. Greene pointed out the Mixed Use area on the map and said that the City is proposing to extend 'this area south to Woolbright. Mr. Greene stated the reason the Mixed Use is being extended to Woolbright is because Mixed Use is a more flexible land use category. This is one of the recommendations made in the Federal Highway Corridor Plan and the City is implementing the recommendations of the Plan that have been approved by the City Commission. In 1998 the City expanded the boundaries of the CRA to the northern and southern boundaries of the City limits. However, the CRA Plan was not updated to include the expanded boundaries. Last year, many residents expressed concern about some of the current uses and possible future uses on Federal Highway. Many people felt that the portion of Federal Highway running through Boynton Beach looked shabby compared to other communities. The City Commission, therefore, instructed staff to do something about the present condition of the Federal Highway Corridor. In order to amend the zoning in the Corridor, it is first necessary to come up with a Plan. Thus, staff proceeded to update the CRA Plan for the Federal Highway Corridor. Now that the Plan is in place, the Comprehensive Plan has to be amended. Once that is approved by DCA, the City can start to deal with zoning in the Corridor. The objective is to bring all this together in December. Mr. Greene pointed out that the R-1AA area in question _has had Mixed Use for 11 years. There is a misconception that if the Mixed Use designation were not in the Comprehensive Plan, this would protect the neighborhood from changes, when in fact this is not the case. This is attributable to having two types of Comprehensive Plan Amendments. There is the large-scale amendment, which must be over 10 acres, and the small-scale amendment, which is less than 10 acres. Mr. Rumpf pointed out that the small-scale amendment does not require DCA review and could be adopted locally. Mr. Greene said this would permit someone to apply for a Land Use Amendment, whether or not the area is zoned Mixed Use. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 Mr. DeMarco felt that there was a lack of communication between the City and its residents and suggested that a representative group from tonight attend one of the Board's workshops to further address their concerns. Vice Chair Heavilin said that her interpretation of the Plan was not to impose on the residential neighborhoods, but to permit more flexibility for residential use to be mixed in with retail and commercial use along the Corridor. Vice Chair Heavilin would like the Board to move forward to implement these changes. Chairman Finkelstein inquired what the effect would be if the Corridor were narrowed by not extending it to the Intracoastai and by not going out as far west. Mr. Rumpf said this would require significant changes, which would include re- advertisement. This same issue was heavily debated 11 years ago. Motion Vice Chair Heavilin moved to accept. Motion seconded by Mr. Tillman Chairman Finkelstein requested the Recording Secretary call the roil. The motion carried 5-0. IX. New Business Selection of Board Representative to participate in selection panel for Real Estate Administrator. Nancy Byrne, Assistant Director of Development, informed the Board that the City has put out an RFP for a Real Estate Administrator, which would be on a contractual basis. Chairman Finkelstein asked about the pay schedule and Ms. Byrne responded that there is no pay schedule in the RFP. This is a newly designed RFP and it was determined to go through the selection process first. Once the responses to the RFP are received, the selection panel would decide if this is what they are looking for or if the RFP needs to be redone. Ms. Byrne anticipated that the rate would probably be an houdy rate and then the City would negotiate how the work would be handled. Chairman Finkelstein inquired if additional personnel would be needed. All services would be performed totally outside the City on a contractual basis. Mr. Greene stated that the firm selected would be very useful for CRA activities and that is why they would like the CRA to have a representative on the selection panel. The Engineering Division would fund the position this year. Next year some type of reimbursement system would be put in place. There will be multiple departments in the City that would avail themselves of these services. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 Ms. Byrne announced that the responses to the RFP are due July 19, 2001 by 2:30 p.m. The selection committee would meet sometime during the first or second week of August to review the submittals. Motion Vice Chair Heavilin nominated Chairman Finkelstein. Motion seconded by Mr. Tillman. Chairman Finkelstein accepted the nomination. Motion carried 5-0. B. Draft Ordinance for CRA Parking Lot Standards Mr. Greene said that the City currently has standards for parking lots, which are a 9' x 18' parking space and a 27' aisle requirement for 90° parking. The parking space is faidy standard. After discussions with the Engineering staff, it was determined that the standards needed to be revised and were too lenient. The CRA has the ability to have its own standards, which would be more development' friendly and more consistent with the national standards and the character of the CRA area. Staff is proposing a language amendment to Chapter 23 that would effectively set a separate standard for the CRA. Staff is recommending the standard sixty (60) foot module. Motion Mr. Fenton moved to accept the recommendations. Motion seconded by Mr. Tillman and carried 5-0. X. Public Audience None Xl. Other None 1'4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2001 XlI. Adjournment. Upon motion duly made and seconded, the meeting properly adjourned at 8:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) July 12, 2001 at 8:30 a.m. 15 i I o o ~ ° ~ o ~ m 0 © "r- Heart of Boynton Neighborhood Planning Study Livability Workshop (Essential :ingredient Deficiencies) Neighborhood essential ingredient deficiencies identified by community stakeholders Public Safety Neighbors watch out for each other & enjoy a sense oF security within their homes & neighborhood. Essential Ingredients.' :t. Increased Law Enforcement a. Illegal Drug Trafficking & Use b, Loitering c, Speeding/Traffic Violations 2. Code Enforcement a, Illegal Dumping b, Vacant Buildings 3, Increased Community Involvement a, Neighborhood Watch 4, Infrastructure Improvements a, Street Lights b. Traffic Calming Devices c, Traffic Signal at Seacrest/M.L.K, Intersection 5, Improved Sanitation Services a. Garbage Collection b, Removal of debris from vacant lots Livability Workshop STRATEGIC PLANNING GROUP BoyntOn Beach, FL July 21,2001 JEG ASSOCIATES Heart of Boynton Neighborhood Planning Study Livability Workshop (Essential Ingredient Deficiencies) Neighborhood-Serving Businesses Nearby businesses offer local jobs along with produCts & services for everyday life. EssENTTAL [NGREDIENTS: 1. Medical Care Facility 2. Grocery Store 3. Professional Offices 4. Gas Station 5. Restaurants, Pharmacy, Dry Cleaners, Discount Shop Pride Of PlaCe & Prooertv Residents & property owners invest time & money towards maintaining & enhancing their homes & neighborhood. ESSENTTAL TNGRED'rENTS: 3. 4. 5. Tncreased Code Enforcement a. Community Appearance Code Improved maintenance of rental properties Increased home ownership Neighborhood Association Gateways & Landscaping Livability Workshop STRATEGIC PLANNING GROUP Boynton Beach, FL July 21,2001 JEG ASSOCIATES 2 Heart of Boynton Neighborhood Planning Study Livability Workshoo (Essential ~[ngredient Deficiencies) Parks & Open Space Ample parks & open space are accessible to residents for recreation & celebration. ESSENTZAL ZNGREDZENTS: m After School Programs Park Zmprovements a. Pavilions b. Restrooms c. Playgrounds Year Round Pool Access Improved Security a. Curfews/Patrols/Lighting Organized Sports Programs NeighbOrhood-Oriented Schools Quafity public schools are physically & socially connected to the neighborhood & nearby civic facilities. ESSENTIAL TNGRED[ENTS: 1. Use facilities for other programs 2. Consider Charter School Livability Workshop STRATEGIC PLANNING GROUP Boynton Beach, FL July 21, 2001 JEG ASSOCIATES Heart of Boynton Neighborhood Planning Study Livability Workshoo (Essential :Ingredient Deficiencies) Pedestrian & Bicycle Connections A network of walkways & bicycle routes provides residents with safe alternatives to auto travel. ESSENTZAL lNG REDZENTS: 2. 3. 4. 5. Additional Sidewalks Zncreased Law Enforcement Street Lights Shade Trees Bike Paths Accommodations for Automobiles Public & private parking fadlities ensure a place for cars & cars in their place. ESSENTZAL ZNGRED[ENTS: 1. Zmproved Parking a. N.E. 12th, 13th Streets b. N.W. 6th Avenue c. Wilson Center 2. Traffic/Speeding a. Seacrest 3. Eliminate abandoned cars Livability Workshop Boynton Beach, FL STRATEGIC PLANNING GROUP July 21,2001 JEG ASSOCIATES 4 Heart of Boynton Neighborhood Planning Study Livability Workshop (Essential Ingredient Deficiencies) Civic & Spiritual Institutions Nearby civic facilities & spiritual opportunities. centers offer residents community services & worship ESSENTIAL INGREDIENTS: Increase faith community involvement Improve existing facilities a. Wilson Center Complex Develop civic meeting/gathering space Provide additional academic programs Infill Development Activity ~_nfill development & redevelopment offers new commerce & housing options that enhance neighborhood character. ESSENTIAL INGREDIENTS: :[. Review & update zoning ordinances 2. Develop vacant lots 3. Rehabilitate or eliminate vacant structures Mass Transit Nearby transit services provide res/dents with alternative travel options & reduce automobile traffic. ESSENTIAL INGREDIENTS: 1. Bus Shelters 2. Increased awareness of available services Livability Workshop STRATEGIC PLANNING GROUP Boynton Beach, FL July 21,2001 JEG ASSOCIATES 5 HEART OF BO YNTON NEIGHBORHOOD PLANNING STUDY Neighborhood Livability Workshop REPORT CARD LIVABILITY STANDARD Public Safety Neighbors watch out for each other & enjoy a sense of security within their homes & neighborhood. Neighborhood-Serving Business Districts Nearby businesses offer local jobs along with products & services for everyday life. Pride Of Place & Property Residents & property owners invest time & money towards maintaining & enhancing their homes & neighborhood. Parks & O pen Space Ample parks & open space are accessible to residents for recreation & celebration. Neighborhood- Oriented Schools Quality public schools are physically & socially connected to the neighborhood & nearby civic facilities. Pedestrian & Bicycle Connections A network of walkways & bicycle routes provide;; residents with safe alternatives to auto travel. Accommodations For The Automobile Public & private parking facilities ensure a place for cars & cars in their place. Civic & Spiritual Institutions Nearby civic facilities & spiritual centers offer residents community services & worship opportunities. Infill Development Activity Infill development & redevelopment offers new commerce & housing options that enhance neighborhood character. Mass Transit Nearby transit services provide residents with alternative travel options & reduce automobile Neighborhood Livability Workshop Boynton Beach, FL STRATEGIC PLANNING GROUP JEG ASSOCIATES GRADE D- Dm D-/- Ct C D-/- D-/- D-/- GRADE SCALE The essential ingredients for this standard are.' exceptionally high presence & quality in neighborhood strong presence & quality, although specific areas may need some attention moderate presence & quality but there is a need for improvement minimal presence & quality and there is a need for substantial improvement virtually no presence or quality in neighborhood July 21, 2001 Collins, Sue From: Sent: To: Subject: Greene, Quintus Wednesday, August 15, 2001 2:01 PM Collins, SUe FW: CRA minutes of July 28, 2001 Per your request ..... Original Message ..... From: Reese, Diane Sent: Tuesday, August 14, 2001 9:05 AM To: Greene, Quintus Cc: Hawkins, Wilfred; Bressner, Kurt Subject: CRA minutes of July 28, 2001 In reading the minutes of the CRA meeting of July 28, 2001 it was stated that the Community Improvement and CRA expenses were not 100% separated. As of October 1, 2000 we created a separate fund for the Community Improvement expenses. When the City Commission adopted the CRA budget for 2000/2001 the separate CRA Board had not been appointed. Included in that adopted budget was a transfer to the Community Improvement Fund of $49,017. At the time the CRA and Community Improvements were split into two separate funds there were some reserves set up specifically for Housing improvements, facade grant, Core grant & non-conforming use assistance. The dollars that were previously in the CRA for those projects were also transferred to the Community Improvement Budget. Since October 1, 2000 all dollars spent from the CRA budget have been for CRA related expenses except for the expense of the Transfer to Community Improvement Fund which was budgeted. The $32,678 expense in May was 8 months of the $49,017 budgeted transfer to Community Improvements. The balance of the $49,017 is being expenses in monthly increments of $4,084.75 which is being shown on the monthly statements I forward to your office. Based on preliminary assessment information it is estimated the CRA will receive $943,241 in TIF revenue in FY 2001/2002. Priority A · Proposed CRA Work Plan 2001-2002 Develop Boynton Beach Blvd. Promenade and Riverwalk. (3/03/01 Workshop) Acquire funding ($3 million) for land acquisition in Downtown Core Area. (3/03/01 Workshop) Assemble land for public parking west of Federal Highway. (3/03/01 Workshop; Federal Highway Corridor Study) IX, A. Priority B · Update CRA sector Plans for Ocean District and Boynton Beach Corridor. (FL ST s 163.360 (2)) · Complete MLK Area Plan and Identify target redevelopment area. (City Commission Resolution 87-QQQ; FL ST s 163.360 (2) · Acquire property and assemble developable parcels in MLK target area. (City Commission Resolution 87-QQQ; FL ST s 163.370 (9) (e)) Priority C · Assemble 3 to 5 acre site for possible convention style hotel in Downtown Core Area. (3/03/01 Workshop; Federal Highway Corridor Study) · Develop 1-95 Boynton Beach Blvd. gateway entrance feature. (3/03/01 Workshop) · Develop median for Boynton Beach Blvd. (3/03/01 Workshop) · Developway-finding signage program. · Establish the CRA as the city's parking authority. (3/03/01 Workshop) · Prepare annexation recommendations for county pockets. (3/03/01 Workshop) Criteria: Priority A: Projects currently underway or mandated by the City Commission and/or CRA Board Priority B: Projects currently underway or required to meet state requirements for CRA Plans Priority C: Other projects identified by CRA Board members CorL.,lunity Redevelopmen ., ,gency Proposed 2001-2002 Budget Fund: 121 Account Description 12-10 Regular Salaries 14-10 Overtime 21-10 Employer FICA 23-10 Life Insurance 23-20 Disabiliy Insurance 23-40 Dental Insurance Total Personnel Services: 32-10 40-10 40-12 44-31 46-22 47-10 XX-00 XX-00 49-17 49-41 XX-00 51-10 54-10 54-20 54-36 Audit Fee Mileage Reinbursement Business Meetings Copy Machine Rental Computer Maintenance Printing and Binding Legal Fees Staff Services Other Contractual Services License, Fees, & Permits Debt Service Office Supplies Books & Publications Memberships Career Development Total Operating Expenses: 61-02 63-07 64-16 CRA Land Acquisition CRA Improvements Furniture & Fixtures Total Capital Outlay: 91-02 91-22 99-03 Transfer to Self Ins./W.C. Transfer to Comm. Impr. Rsv. for Future Approp. Total Transfers Out: Grand Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 01/02 Justification Request 1,500.00 City clerk staff workshop meetings 1,500.00 350.00 950.00 300.00 1,500.00 25,000.00 75,000.00 35,000.00 331,000.00 Xerox copier lease Publications Development Dept., Finance Dept., etc. Misc. Consultant Services 3 million @7.28% for 15 yrs. + Svc. Chg. 469,100.00 3,750,000.00 250,000.00 $ 4, 000, 000. O0 350,000.00 350,000,00 4,820,600.00 * * Assumes approximately $1million carried forward from FY 2001 plus approximately $820,000 in TIF revenue for FY 2002. CONSUnFING SERVICES AGREEMENT Bn~"WEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH. THIS AGREEMENT, made and entered into this __ by and between: day of ,2001, COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA a public agency 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 (hereinafter referred to as "CRA"), and CITY OF BOYNTON BEACH, FLORIDA a municipal corporation 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 (hereinafter referred to as "CITY"). WHEREAS, at the January 10, 2001 CRA meeting, the CRA approved entering into an Agreement with CITY to provide Consulting Services; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CRA and CITY do mutually agree as follows: Section 1. PURPOSE: The parties agree that the main purpose of this Agreement is for CITY to provide consulting services to the CRA in connection with the business and activities of the CRA. Section 2. SCOPE OF SERVICES: 2.01 This Scope of Services between CRA and CITY will set forth the duties, obligations and responsibilities of CRA and CITY in the provision of consulting and related services for the CRA. CITY shall provide the following services during the term of this Agreement when requested by CRA: (A) Manage the existing and proposed budget and financial documents pertaining to the CRA and provide other financial services requested by CRA such as monthly financial reports. (B) Provide land use planning, zoning and engineering services including project management and inspection. (C) Assist in the acqUisition, disposition and management of real property on behalf of the CRA. (D) Review and identify possible grants from Palm Beach County or the State or Federal government and assist the CRA with grant application process. 1 of 5 The City shmi have appropriate staff available when needed to discuss issues with CRA board members and at CRA Board meetings. (F) The City shall designate its Director of Development as administrator and the lead staff liaison person to the CRA; however, other individuals may be designated by the Director of Development from time to time. (G) Other City staff members may also be needed from time to time to assist the CRA with its projects and objectives and the CITY agrees to provide such services when needed as mutually agreed upon by the parties hereto. Section 3. RESPONSIBILITIES OF CRA: 3.01 The CRA shall abide by the provisions of Chapter 163 of the Florida Statutes and use its best efforts in cooperating with the CITY in providing the information and documentation necessary to the CITY in the performance of the Consulting Services under this Agreement. Section 4. CITY'S RESPONSIBILITIES: 4.01 CITY shall perform the scope of services, as set out in Section 2 and throughout this Agreement, as the Consultant. Said scope of services shall not be deemed to be all- inclusive and may be changed from time to time as authorized by the CRA Board and the City Commission. Section 5. INDEPENDENT CONTRACTOR STATUS: 5.01 CITY and its employees, subcontractors, volunteers and agents, shall be and remain independent contractors and not agents or employees of CRA with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or arty other kind of joint undertaking or venture between the parties hereto. 5.02 CRA will not be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state agencies. Section 6. TERM OF AGREEMENT: 6.01 This Agreement shall be effective on October L 2001 and shall terminate upon mutual agreement of the parties hereto. 2 of 5 Section 7. COMPENSA't ~ON: 7.01 For the period beginning October 1, 2001, CITY shall be paid as follows: (A) CRA shall pay CITY an amount based on the established hourly rates [or assigned sta££ to be invoiced by CITY on a monthly basis by the l0th day of each month for services rendered during the prior month. This invoice shall include, but not be limited to, a summary of services provided, the type of service proVided, and approximate time spent by CITY sta£[on behalf of the CRA during this period. (B) The fee established in 7.01 (A) above is inclusive of expenses for CITY, excluding however, travel expenses which shall require the prior approval of the CRA. The manner of reimbursement of such expenses shall be approved by the CRA Board prior to any travel on behalf of the CRA. (C) CITY shall continue to provide the required invoice as outlined above. The invoice shall be sent to the attention of the CRA Director. Section 8. ASSIGNMENT: 8,01 CITY shall not assign, or transfer their rights, title or interests in the Agreement; nor shall CITY delegate any of the duties and obligations undertaken by CITY without CRA'S prior written approval. Section 9. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT: 9.01 During the performance of the Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. CITY will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CITY shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. Section t0. NON-EXCLUSIVITY: 10.01 This Agreement is considered a non-exclusive Agreement between the parties. The CRA shall have the right to purchase the same kind of services to be provided by CITY hereunder from other sources during the term of this Agreement. Section 11. GOVERNING LAW; VENUE: 11.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 3 of 5 11.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. Section 12. ATTORNEY'S FEES AND COSTS: 12.01 The prevailing party with a judgment subsequent to any claim, objection or dispute arising out of the terms of this Agreement shall be entitled to an award of all reasonable attorney's fees, interest and court costs incurred by such prevailing party against the losing party including reasonable appellate attorney's fees, interest and taxable costs. Section 13. ENTIRE AGREEMENT: 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. CUMULATIVEREMEDtES: 14.01 The remedies expresslY provided in this Agreement to CRA shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of CRA now or hereafter existing at law or in equity. Section 15. SEVERABILITY: 15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. Section 16. CONSTRUCTION OF AGREEMENT: 16.01 The terms and conditions herein are to be construed with their common meaning to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AS TO CRA: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA CHAIRPERSON AS TO CITY: CITY OF BOYNTON BEACH ATTEST: BY: Mayor Gerald Broening SUZANNE KRUSE, CITY CLERK Approved as to Form: JAMES A. CHEROF City Attorney LAPlmf S:kDevelopment~dministration\CRA Items\CRA AgendaskBack-up-supporting agenda materials\8-14-01 regular meetingkDraft - CRA Staff Contract.doc Re-vised by QLG 08/02/01 5 of 5 The ABC's of the CRA What is the CRA? The Community Redevelopment Agency is a local body established under state law to eliminate or prevent the spread of slum and blighting conditions, promote crime reduction, and provide for affordable housing. State law also authorizes Community Redevelopment agencies to engage in the redevelopment and revitalization of coastal resort and tourist areas. In addition, the Boynton Beach City Commission has given the city's CRA responsibility for serving as the advisory body on all planning and zoning matters in the CRA area. The CRA Board consists of seven citizen volunteers appointed by the City Commission. Where is the Community Redevelopment Area? The Community Redevelopment area in Boynton Beach consists of the entire area of the city east of :the F.E.C. Railroad. In addition it consists of the area bounded by the F.E.C. Railroad on the east, the C-16 Canal on the north, Industrial Avenue on the west, and Ocean Avenue and S.E. 2nd Avenue on the south. What does the CRA Do? The CRA is responsible for eliminating and preventing the spread of slums and blight by encouraging economic growth and physical redevelopment in the CRA Area. This is accomplished by assembling and marketing developable parcels as well as working with developers to simplify the regulatory and permitting process. How is the CRA funded? The CRA through a property tax increment. This increment is created whenever property in the CRA is redeveloped. It represents the difference between the property tax on the assessed value before redevelopment and after redevelopment. How does the CRA benefit the city? By promoting economic development and eliminating and preventing slums and blight the CRA helps to expand the city's tax base and provide employment opportunities. In addition, an expanded tax base can result in lower property taxes for city residents. The ABC's of the CRA What is the CRA? The Community Redevelopment Agency is a local body established under state law to eliminate or prevent the spread of slum and blighting conditions, promote crime reduction, and provide for affordable housing. State law also authorizes Community Redevelopment agencies to engage in the redevelopment and revitalization of coastal resort and tourist areas. In addition, the Boynton Beach City Commission has given the city's CRA responsibility for serving as the advisory body on all planning and zoning matters in the CRA area. The CRA Board consists of seven citizen volunteers appointed by the City Commission. Where is the Community Redevelopment Area? The Community Redevelopment area in Boynton Beach consists of the entire area of the city east of the F.E.C. Railroad. In addition it consists of the area bounded by the F.E.C. Railroad on the east, the C-16 Canal on the north, Industrial Avenue on the west, and Ocean Avenue and S.E. 2nd Avenue on the south. What does the CRA Do? The CRA is responsible for eliminating and preventing the spread of slums and blight by encouraging economic growth and physical redevelopment in the CRA Area. This is accomplished by assembling and marketing developable parcels as well as working with developers to simplify the regulator,.., and permitting process. How is the CRA funded? The CRA through a property tax increment. This increment is created whenever property in the CRA is redeveloped. It represents the difference between the property tax on the assessed value before redevelopment and after redevelopment. How does the CRA benefit the city? By promoting economic development and eliminating and preventing slums and blight the CRA helps to expand the city's tax base and provide employment opportunities. In addition, an expanded tax base can result in lower property taxes for city residents. 7/28/01 THE ABC's OF THE CRA As redevelopment in the "downtown" area progresses, you will be hearing more about rhe · 'S Community Redevelopment Agency (CRA) role in the City of Boynton Beach. WHAT IS THE CRA? The Community Redevelopment Agency is established under state law to advi~e focal government on matters pertaining to planning, zoning and economic .development within the Community Redevelopment Area (CR Area). The CRA Board consists of 7 voluntary members and a CRA Director. WHERE IS THE COMMUNITY REDEVELOPMENT AREA? The CR Area starts at the Intracoastal Waterway on the east to the FEC railroad tracks on the west and from the C 16 canal at the north end to the city limits on the south end. Between N.E. 13th Avenue and S.E. 1 st Avenue, the CR Area extends west to Industrial Avenue, west ofi95. WHAT DOES THE CRA DO? The CRA responsibilities are to encourage economic growth, stimulate redevelopment within the CR area, to attract developers and investors to the Area, to increase the tax base, to review all land development activities and variance requests within the CR area, to improve living conditions and to implement the City's redevelopment goals· WHO SERVES ON THE CRA? The 7 members of the CRA Board are appointed by the City Commission for a 4 year term and must either reside within the City or have business within the City. Each member must be experienced in at least one of these fields: building and development, engineering, planning, architecture, real estate, mortgage lending or finances. WHERE DOES THE CRA GET ITS INCOME? Attracting developers of both commercial and residential properties to the area increases the amount of property taxes collected. A portion of all property taxes collected within the CR Area is channeled back to the CRA by the County to finance further redevelopment projects. In addition, some redevelopment projects are available for grar~.t money. HOW DO THE CRA'S ACTIVITIESA~T ~HE REST OF THE CITY? Downtown redevelopment is a sign that the City as a whole is healthy. This attracts new developers and investors. Since commercial properties are taxed at a higher rate than residential properties, commercial development will more quickly generate the additional tax revenues needed to maintain property taxes throughout the City at or below their current level and to fund various City services throughout the City. The CRA meets on the 2nd Tuesday of each month at 6:30 P.M. in the City Hall Chambers. All meetings are open and members of the public are invited to attend. COMMUN]:TY REDEVELOPMENT AGENCY WORKSHOP Saturday, .luly 28, 2001 Conference Rm C Boynton Beach 9:00 A.M. I. Call to Order II. Workshop: A. Budget Issues. B. Property acquisition. IT]:. Break ]:V. Workshop (continued) V. Public Audience VI. Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim recoro of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish approDriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to particJ Date in and enjoy the benefits of a service, program, or activity conducted Dy the City. Please contact Cynthia Mann at 561-742-6372 at least ~wenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Requested City Commission Meetin~ Dates [] July 17, 2001 [] August 7,2001 [] August21, 200t [] September 4, 2001 NATURE OF AGENDA ITEM XI-LEGAL CITY OF BOYNTON BEACH ITEM A.1 AGENDA ITEM REQUEST FORi Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October 2. 2001 September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) August22,2001 (5:00p.m.) [] November6,2001 Octoberl7,2001(5:001~l~.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report --r' RECOMMENDATION: Please place this request on the July 17, 2001 City Commission Agenda under Legal, Ordinances- Second Reading. Staffrecommends that this ordinance be approved, which is being processed along with the "fee-in lieu of" parking ordinance. This ordinance will add an exemption to the requirements of C~hapter 23. Parking Lots, to coincide w/th the fee-in-lieu-of parking ordinance regarding changes in use and minor modifications proposed in the downtown. EXPLANATION: Similar to the justifications for the pending parking ordinance, the subject ordinance will also reduce the obligations of small redevelopment projects in the downtown with an emphasis on new businesses, or what the code defines as "change in uses". The City's Land Development Regulations currently uses a change in use activity as a trigger to applying current regulations, namely parking standards, to non-conforming properties. Although this is intended to upgrade unsightly properties, it may discourage redevelopment efforts. Similar to the emphasis placed on the parking fee ordinance, this ordinance also represents the acknowledgement that the benefits of redevelopment at this time would exceed the potential benefit to the area if a few of the parking areas were brought up to current standards. Further, in concept, since individual ~h~t rk~e.g areas, are few o~r smaller in the downtown, as recognized by the fee-in-lieu-of ordinance, there are fewer parking areas at represent non-contorrnities and visual problems. It should be noted that new developments or major chal~tb~isting properties would still be subject to all parking and landscaping standards applicable to the CRA. Tllii~,~m,~l~also be regularly momtored and maintained to match future redevelopment or city needs. - Ik [~t~J\\~''d' FISCAL IMPACT: N/A 3Bk. Xq ALTERNATIVES: N/A /,') D~veloprr~[t Department Director y City Attorney{)'l:~ ~ance / Human Resources SSPlanningXSHARED\WP\SPECPROJ~egulations~Parking. reductions\CC Agenda Request Second Reading Chpt 23 7-17.dot S:xBULLETINWORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. OI- 53 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 23 PARKING LOTS, ARTICLE 1, SECTION 3(A), TO CREATE AN ADDITIONAL EXEMPTION FROM THE MINIMUM REQUIREMENTS WHICH GOVERN THE DESIGN, CONSTRUCTION AND MAINTENANCE OF PARKING LOTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 23 of the Land Development Regulations sets forth the regulations that govern the design, construction and maintenance of parking lots within the City of Boynton Beach; and WHEREAS, Section 2 of Article 1 of Chapter 23 recognizes conditions which would exempt properties from the design, construction and maintenance requirements. established by Chapter 23; and WHEREAS, the creation of a Fee-in-Lieu of parking option for the Central Business District provides an additional exemption basis which warrants inclusion in the Code. - NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, T[IAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 23, Article 1, Section 3 A, is hereby amended to add a new subsection 9 as follows: 9. When an improvement or property_ in the .Central Business District or which fronts on that segment of Ocean Avenue extending west from the Central Business District to Seacrest Boulevard involves either a change in use and/or a minor improvement. For the purpose of this subsection, minor improvement means minor building expansions which would otherwise generate the need for two or less parking spaces or improvements which would generate more than two additional parking spaces, but which are less than five (5%) percent of the total area of existing improvements. Section3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as )riginally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach ~n conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this __~ day of July, 2001. SECOND, FINAL READING AND PASSAGE this ~'7 day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor-' Commissioner Commissioner ATTEST: Commissioner City Clerk Ca/ordinances, ldr/Amending LDR Chapter 2 zoning 0- Parking-in-lieu-of061101 Requested City Conumssion Meeting Dates [] July 17.2001 [] August 7, 2001 [] August21. 2001 [] September4, 2001 NATURE OF AGENDA ITEM ..... XI-LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18. 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned ~n to City Clerk's Office [] September 19, 2001 September 5. 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:(~.m)2.~--< [] October l6, 2001 October3.2001 (5:00pdll0 [] November 6, 2001 October IT 2001 (5:00 t~,~-) .... [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Place approval of a draft ordinance amending Chapter 23 of the Land Development Code providing for separate Parking lot standards for the Community Redevelopment Area on the July 17, 2001 under Legal First Reading. This draft ordinance was approved by the Board of the Community Redevelopment Agency at its meeting on July 10, 2001. The City Attorney's office subsequently made a minor language adjustment. EXPLANATION: The Community Redevelopment Area generally encompasses a portion of the older eastern part of the city where the physical character, including densities, lot sizes, and the amount of vacant land differs from the more westerly parts of the city. The City's development standards in general, and the parking lot standards in particular, generally reflect the suburban character of the westen part of the city rather than the more urban character of the CRA area. Given the impact that parking lot standards have on potential redevelopment in the CRA area, a separate standard for parking lots in the CRA area is considered appropriate. The standard proposed by this ordinance is entirely consistent with a generally accepted national standard identified by the Urban Land Institute and the National Parking Association. PROGRAM IMPACT: A more development friendly parking lot standard that is consistent with what exists in similar communities around the country. FISCAL IMPACT: N/A ALTERNATIVES: A single citywide parking lot st~a~ that ignores the different character or conditions in different parts of the city. A D ep~tH/ /Y ~,~' ~t~~ , ~ ~'- 'Ci~yManager'r~natu~ ~ S:BU~T~O~MS'GE A~M' ' TF°DeP~e~e~:fen~:~t R,:'~ :~/[~Xttorne-~nce ~ '/Human Resources . ORDINANCE 01- t4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR SEPARATE PARKING LOT STANDARDS FOR THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission by Resolution No. 81-SS and Ordinance 83-41 the Community Redevelopment Agency to eliminate conditions of blight and growth and development; and WHEREAS, such economic growth and development aids the City and is a benefit to public because it provides jobs for the residents of the City, increases the ad-valorem tax ~ase of the City, and provides income for residents of the City; and WHEREAS, the structural age, lot sizes, mount of vacant land, densities and ~hysical character of the Community Redevelopment Area is generally different from that of rest of the City; and WHEREAS, the economic growth and development of this area requires a of its different physical character; and WHEREAS, typical suburban development standards do not recognize this difference character or allow for the density of development necessary to promote growth and in the Community Redevelopment Area; and WHEREAS, parking lot standards are one of the elements that have an impact on ~wth and development in the Community Redevelopment Area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated y this reference. Section 2. Chapter 23, of the Land Development Regulations of the City of Beach is hereby amended as follows: Sec. 2. Scope. Except within the Community Redevelopment Area boundaries, these regulations be applicable to all permanent parking lots constructed or reconstructed in the city. Article II. Required Improvements. Parking lot layout Dimensions. Parking lots shall be designed to meet or exceed the dimensional requirements for stalls, driveways and access aisles as provided in city standards. Separate cin, standards shall apply in the Communin' Redevelopment Area boundaries and said Standards shall be in a separate document and shall be known as "City Parkin,g Lot Standards for the Community Redevelopment Area-" as shown in Attachment "A" Section 3. Should any section or provision of this ordinance or portion hereofi any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this 17 day of July, 2001. SECOND, FINAL READING AND PASSAGE this 2001. day of August, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner LAP :j s ~'~w, ~* ~ ............ \'dGCDE FS\LIBRARY',,1998\98046_\CRA Parking Lot Standards.doq-: ......... '.~ .............................. ' A'I-rA~ A City Parking Lot Standards for the Community Redevelopment Area The following standards shall apply to parking stalls for all automobile vehicle classes: The standard parking stall width shall be nine feet (9'-0") The standard parking stall length shall be eighteen feet (18'-0") The standard access aisle width for 90 degree parking shall be twenty-four feet (24'-0") The standard double loaded parking module shall be sixty feet (60'-0") Parldng Module 18' 24' 18' 11 10 60' $ourcg: Barton-Aschman Associates, In~ 7 Members Four 4-year Terms One 3-year Term One 2-year Term One 1-year Term LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATION 800 SW 1st CT Robert G. Currie & Assoc., Inc. Aguila .lose 6/20/04 Beynton Beach 33426 134 NE 1't AVE Delray Beach, FL 33444 (561) 737-8894 (561) 276-4951 4 yr. term DeMarco Alexand 6/20/02 10817 QUA]:L COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. 8-107. Boynton Beach, FL 33426 e~) (561) 732-6789 (561) 736-2400 Ext. 107 2 yr. term Fenton Don 1_/10/02 2556 SW 23R~ CRANBROOK Edward 3ones & Company DR 901 N Congress Avenue, ~te B-101 Boynton Beach, FL 33426  BOYNTON BEACH 33436 (561) 737-1442 1 yr. term {561) 737-0793 Finkeistein Larry 1/10/05 4295 ST ANDREWS Di~VE Lamar Realty & Financial Group BOYNTON BEACH 33436 114 N Federal Hwy., Ste 202 Boynton Beach, FL 33435 ,~ (561) 375-8807 (561) 736-9790 4 yr. term Chair Heavilin Jeanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty AVE) 532 E Ocean Avenue Boynton Beach, FL 33435 p BOYNTON BEACH 33424 (561) 738-6613 4 yr. term (561) 731-4474 Vice Chair 926 SUNSET ROAD City of Delray Beach Hoyland Michelle 1/10/04 BOYNTON BEACH 33435 Planning & Zoning Dept. 100 NW :1~ Avenue  (561) 736-8668 Delray Beach, FL 33444 3 yr. term (561) 243-7040 54 BENTWATER CIR Spanish River High School Tillman Henders 1/10/05 BOYNTON BEACH 33426- 5100 3og Road Boca Raton, FL 33496 O~ 7646 (561) 241-2200 4 yr. term (561) 965-6776 05/31/2001 11:59 AM 5 COMMUNTTY REDEVELOPMENT AGENCY Tuesday, 3uly 10, 2001 Commission Chambers Rm Boynton Beach 6:30 P.M. II. III. IV, V, VI. VII. Call to Order Roll Call Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. Approval of Minutes Director's Report: Financial 1) ]une 2001 Financial Statement 2) 2001-2002 Budget 3) Loan Status Project Updates 1) Federal Hwy. 2) MLK 3) Ocean District 4) Marina C. Future Agenda Items D. Commission Action Announcements and Presentations Unfinished Business Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with resoect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Hann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VIII. Public Hearings: Variance 1. PROJECT NAME: AGENT: OWNER: LOCA'iTON: DESCRIPTION' HABITAT FOR HUMANITY Carl ]:jams, Habitat for Humanity Nathaniel Robinson 233 N.E. 11th Avenue Lot 5, Block 2, Meeks & Andrews Addition to Boynton Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to allow a single- family home on a fifty (50) foot wide lot in lieu of the sixty (60) feet required by code in a R-2 zoning district. 2. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIP-17ON: PENCE PARK Paul Fleming, Engineering Dept. City Of Boynton Beach 600 S.E. 4th Street Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 5, I. 2. requiring a minimum twenty-five (25) foot rear yard setback in the Recreation zoning district, to allow an eighteen (18) foot variance which is a seven (7) foot rear yard setback. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportu,nity to par~icipa(e in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Public Hearings (Cont.) 3. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: ANIMAL CONTROL Liz Roehrich, Animal Control Division City of Boynton Beach 415 Northeast 4th Street Request relief from Land Development Regulations Chapter 2, Zoning,Section 4.,1.2, requiring a maximum fence height of 6 feet in the CBD zoning district, to allow an eight (8) foot high chain link fence, which is a two (2) foot variance. Land Use Amendment/Rezoninq: 4. PROJECT NAME: US 1 CORRIDOR LAND USE MAP AMENDMENT Implementation of the Federal Highway Redevelopment Plan Corridor AGENT: City of Boynton Beach OWNER: Numerous property owners. LOCA'I'[ON.: Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the south, bounded by the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from present designations of General Commercial (GC), Local Retail Commercial (LRC), Office Commercial (OC), High Density Residential (HDR), Medium Density Residential (MeDR) and Low Density Residential (LDR) to Mixed Use (MX). Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your reQuest. IX. XI. XII. New Business: A. Selection of Board Representative to participate in selection panel for Real Estate Administrator. B. Draft Ordinance for CRA Parking Lot Standards Public Audience Other Adjournment Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considere(] at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record incJudes the testimony and evidence upon which the appeal is to De based. The City shall furnish appropriate auxiliary aids and services where ~ecessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia Mann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. FORM 8B M ,dORANDUM OF VOTIN, CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS DA'I E O.N/W H I('H VOI F (K'(,'l' R R E D ! N^ME (..)1-' .I~OARD, COIJNCII.. COMMISSION. AU'I IIORIIY. OR COMMI'I1EE I HE I.IO&RI), ('OUNCII.. ('OM Mt.s;SION. AIJ'I HORII'Y OR COMMIll'EE ON WHIClt I SFRVE IS ^ UNI1 OF: 1./~'~'11,' = .COUNTY. = O1HERLOCAI. A(~ENCY M'Y I~TION IS: CI ELECTIVE /~-'L~PPOINTIV E WHO MUST FILE FORM 8B This form is tbr use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive.local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an)' attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision~ with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. C'E FORM I~B- 141 P&GE I III. IV. V. VI. COMMUNITY REDEVELOPMENT AGENCY Tuesday, 3une 12, 2001 City Commission Chambers Boynton Beach 6:30 P.M. Call to Order. Roll Call. Agenda Approval: A. Additions, Deletions, Corrections. B. Adoption. Approval of minutes. Director's Report: A. Financial Updates. B. Project Updates. C. Commission Action Update. D. Future Agenda Items. Announcements and Presentations: A. Presentation to former Commissioner Bruce Black. VII. Unfinished Business. VIII. Public Hearings. IX. New Business. X. Public Audience. XI. Other. XlT. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Cynthia IVlann at 561-742-6372 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2. "ZONING", SECTION 6. E.7.g. "PAYMENT IN LIEU OF PARKING" AND SECTION 11. I. "LOCATION OF OFF-STREET PARKING SPACES", TO AMEND THE "PAYMENT IN LIEU OF PARKING" PROGRAM FOR THE CENTRAL BUSINESS DISTRICT ZONING DISTRICT AND TO ALLOW A "PAYMENT IN LIEU OF PARKING" PROGRAM FOR OCEAN AVENUE EXTENDING WEST FROM THE CENTRAL BUSINESS DISTRICT TO SEACREST BOULEVARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations establish zoning districts within the City and among other things, regulations designed to lessen congestion in the streets and facilitate the adequate provision of parking spaces; and WHEREAS, Chapter 2. "Zoning", Section 6.E.7.g. provides for the establishment of a payment in lieu of parking option for developments within the Central Business District and the city now desires to establish a formula for determining a specific fee when a property owner cannot effectively, efficiently, or economically provide for all onsite parking requirements; and WHEREAS, the City Attorney has recommended adoption of a payment in lieu of parking payment schedule by Ordinance rather than by Resolution; and WHEREAS, it is anticipated that future development within downtown Boynton Beach will increase the demand upon an already limited supply of on-and off-street public parking resources which serves the downtown area; and WHEREAS, the City Commission heretofore authorized a Shared Parking Study for the downtown, which contained recommendations for the revision to applicable parking requirements including the establishment of a payment in lieu of parking option; and WHEREAS, compliance with the City of Boynton Beach parking space and lot regulations may not be feasible for older properties and therefore discourage desirable development and redevelopment of underutilized properties in the downtown area; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2. "Zoning" of the Land Development Regulations, subsection 6. E.7.g. (1) is hereby amended to read as follows: (1) When the community redevelopment agency finds that the property owner seeking an expansion cannot effectively, efficiently, or economically provide for parking required for the expansion, the community redevelopment agency may recommend to the City Commission a payment in lieu of parking. The payment shall be based on a formula as set forth in subsection 11. I. (4) of this Chapter. In approving or disapproving any payment in lieu of parking the City Commission shall use the same criteria used by the Community Redevelopment agency as stated herein above. Section 3. Chapter 2. "Zoning" of the Land Development Regulations, subsection 11. H. 16. is hereby amended to read as follows: 16. Except as provided for in Subsection I. (4) below, there shall be provided, at the time of erection of any structure... Section4. Chapter 2. "Zoning" of the Land Development Regulations, Section 11. I. is amended to create a new subsection (4) to read as follows: (4) The payment in lieu of parkin.q option is applicable within the Central Business District (hereinafter CBD) or subsequent zonin.q districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard. A. Within this area at the time of any building construction, expansion or modification that creates additional floor area, or except where otherwise allowed in subsection C. off-street parkinq spaces shall be provided as required by Chapter 2. "Zoning" Section 11. H. and Section 6. E. The area measured for purposes of this subsection shall only include the floor area designed primarily for public use, and excluded floor area for bathrooms, service and food preparation staff, outdoor waiting areas, space limited to storage, and areas uninhabitable due to building code requirements or other limitations. C. Minor buildin.q expansions equal to or less than two parking spaces shall be excluded from the'requirements described in subsection A. above, and for minor improvements that exceed the two-space limit but less than 5% of the total area of existing improvements, only the increase in building area shall be subject to the parking space requirements of subsection A. above and subsection E. below. D. Existinq parkin.q spaces shall not be eliminated if elimination would result in fewer spaces being provided for the existing or new floor area than required pursuant to subsection A. above. E. The parkin.q requirement set forth in this subsection may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provision of all, or a portion of the required off-street parkin.q spaces. Parkinq improvement fees shall be assessed as follows: $0 perspace Upto Januaw 1,2002 $1,000 per space between January 2, 2002 and January 1,2003 $2,000 per space between January 2, 2003 and January1,2004 $3,000 per space between January 2, 2004 and January 1,2005 $4,000 per space between January 2, 2005 and January 1,2006 $5,000 per space between January 2, 2006 and January 1,2007 $6,000 per space between January 2, 2007 and January 1,2008 $7,000 perspace afferJanuary2, 2008 The parking improvement fee shall be due and payable in full at the time that the first building permit is issued for the construction, expansion, or modification that creates the need for parking spaces or for additional parking spaces, and in no event later than the time a certificate of occupancy or occupational license is issued for the building or use subject to this Section. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic area to which subsection (4) applies. Section 5. All ordinances and resolutions of the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance Section 8. This Ordinance shall become effective immediately. FIRST READING this PASSAGE this day of June, 2001 .SECOND, FINAL READING AND day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk LAP:js/Imf H:\1990\900182.BB\ORD\Fee in lieu.doc DRAFT v... (draft-fee-in.lieu.of parking regulations) Whereas, the City's Land Development Regulations establish zoning districts within the City and among other things, regulations designed to lessen- congestion in the streets and facilitate the adequate provision of parking requirements; and Whereas, Chapter 2. Zoning, Section 6.E.7.g provides for the establishment of a payment-in-lieu-of parking option for developments within the Central Business District and prompts the ciiy to subsequently establish a formula for determining a specific fee when a property owner cannot effectively, efficiently, or economically provide for all onsite parking requirements; and Whereas, it is anticipated that future development within downtown Boynton Beach will increase the demand upon an already limited supply of on- and off- stree[ public parking resources which serves the downtown area; and Whereas, the Shared. Parking. Study for the downtown also r revision to applicable parking requirements includino the ~°o~m~e_n.de~d th.e in-lieu-of option inthe c~tys' ' parking regulations; and~ esL,,,,,o,,,~u~l~ cfa fee- Whereas, compliance with the City Of Boynton Beach parking space and lot regulations may not be feasible on older properties and therefore discourage desirable development and redevelopment of underutilized properties in the downtown area. . NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1__ The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning, Section 11.H (16) is amended to reference a fee-in-lieu-of provision, as shown in the underlined type, as follows: 16. Exce, t as -'.rovided for in Para ra:-h I 4] _ time of erection ofany structure ....... there shall be provided, at the Section 3, That Chapter 2. Zoning, Section 11.1 is amended to add paragraph 4--'~a~ provides a phased fee-in-lieu-of alternative to meeting required parking requirements, and is shown in underlined type, as follows: 4. The fee-in-lieu-ofont/on is a..-licable withi . · . . e CBD, se merit of Ocean Avenue extendin:, west from the CBD to Seacrest Boulevard. a. Within this area, at the time of any building construction, expansion or 7nodification that creates additional floor area, or except where otherwise allowed in para.qraph "c"; off-street parkin.q spaces shall be provided as ~-equired by Chapter 2. Zoning, Section 11(H) and Section 6.E. b. The area measured for purposes of this ordinance shall only include the floor area desiqned primarily for public use, and excluded floor area for. bathrooms, service and food preparation staff, outdoor waiting areas, Space limited to storage, and areas uninhabitable due to building code. _requirements or other limitations. c. Minor building expansions equa to or less than two parking spaces shall be excluded from the requirements descrTbed ~n paraqraph a above, a~d. for m~nor ~mprovements that exceed the two.car limit but less than 5% of the total area of existin.q improvements, only the increase in buildin.q area.. shall be sublect:to the parkln.q space requirements of paragraph ,a' above and paragraph "e" below. d. Existing parkin.q spaces shall not be eliminated if elimination would result in fewer s_&p_aces b~ovided ~ or new floor area than required pursuant to paragraph 'A' above. e. The parking requirement set forth n this section may be satisfied in whole mr part by the payment of a nonrefundab e parking improvement fee in lieu ~ision of~rtion of t~ed off-stree~ spaces. No parkin.q improvement fee shall be assessed for approximately. ~ 6 month ~nd shall inc~ the time schedule ' indicated below: SO/per space $1,000/per space $2,000lper space $3,000/per space $4,000/per space $5,000/per space $6,000/per space $7,000/per space Up to January 1,2002 between January 1,2002 and January 1,200.3. between January 1,2003 and January 1,2004. between January 1,2004 and January 1,200b. between January 1,2005 and January.I, 200b: between January 1,2006 and January 1,200~' between January 1, 2007 and January 1,2008. after January 1,2008 The parking improvement fee shall be due and payable in full at the time that the first buildin, erm'~'s issued for the c. onstruction_n_=_gx_pansion, or modification that creates the need for additional parkin.q spaces, and in no event later than the time a certificate of occupancy, or occupational licensu is issued for the buildin or use sub'ect.to this section. Parkin_q improvement fees shall be paid into the Parking Trust Fund and used for parking related improvements in the qeo.qraphic area to which this sectiun_ applies. The City Commission may waive or modify the parking requirements applicable to this area when the applicant has demonstrated that by a'ltemative methods acceptable to the City Commission, adequate parkinq space is and will remain available for the proposed construction: expansion or modification, even thouqh the alternative method by which the parking spaces are provided does not otherwise comply with city parking requirements. The City Commission may also increase or decrease the required number of off-street parking spaces in consideration of the followinq factors: (1) Parkinq needs of any non-dwellinq uses; (2) ,Varying time periods of use; (3) Whatever ioint use of common parking areas is proposed. Reqardless of a reduction in off-street parking spaces by the City Commission, adequate space and site desiqn shall be provided to accommodate the standard number of spaces for the proposed use~ .Section 4. That Chapter 23 Parking Lots, Article 1, Section 3(A) is amended to add a new exemption from parking requirements, as shown in the underlined type, as follows: 9. When an improvement is located and involves a change in use and/or mino~' improvement as described in Chapter 2. Zoninq, Section 11.1(4) S:~Planning~SHARED~WP~SPECPROJ~Re.qulations~,Parkin.q. . . - reductions~draff ordinance-Ocean Avenue. do,. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE O96-4~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PERTAINING TO ECONOMIC DEVELOPMENT; MAKING FINDINGS; FINDING ECONOMIC DEVELOPMENT AND PROVIDING INCENTIVES FOR ECONOMIC DEVELOPMENT FURTHERS THE PUBLIC INTEREST AND SERVES A PUBLIC PURPOSE; PROVIDING FOR WAIVER OF CITY IMPACT FEES, WAIVER OF BUILDING PERMIT FEES, AND INSTALLATION OF CERTAIN WATER AND SEWER SYSTEM IMPROVEMENTS FOR QUALIFIED BUSINESSES IN ~ COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR FUNDS TO PAY THE COST OF ECONOMIC DEVELOPMENT INCENTIVES; AUTHORIZING ACTIONS TO IMPLEMENT AND ADMINISTER THE ECONOMIC DEVELOPMENT INCENTIVES; PROVIDING FOR PERIODIC I~EPORTS TO THE CITY COMMISSION; PROVIDING AN EFFECTIVE DATE. V.B, 21 22 23 24 25 26 27 28 29 3O 31 32 33 WHEREAS, sustained and positive economic growth within the corporate limits of the City of Boynton Beach, Florida is necessary, essential and conducive to the quality of life and the economic well-being of the citizens of the City; and WHEREAS, such economic growth aids the City and is a benefit to the public because it provides jobs for the residents of the City, increases the ad valorem tax base of the City, and provides income for residents of the City that will be spent within the corporate limits of the City thus supporting and benefiting other businesses within the City; and WHEREAS, it is particularly appropriate that economic development be targeted for the Community Redevelopment Area of the City, as such area was determined to exist by Resolution 81-SS, adopted on August 4, 1981, and Resolution No. 82-KK, adopted on May 4, 1982, as amended (the "Redevelopment Area"), and actions should be taken to encourage economic development within the Redevelopment Area; and WHEREAS, in order to initiate, establish, and sustain positive economic growth within the Redevelopment Area it is necessary to create, establish and maintain an 4 5 6 7 10 11 12 13 14 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Rg'~.ZO/1 appropriate and supportive regulatory and governmental environment within the Redevelopment Area while still protecting the public interest and the public health, safety and welfare; and WHERF_~S, it is necessary for the City to determine if economic development will more likely occur if certain incentives are provided by the City which are appropriate for the .benefit being received and which serve the public interest and promote the public purpose of improving the physical and economic condition of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. ~. (a) The recitals set forth above are hereby, adopted and incorporated by reference herein to the same extent as if set forth here in full. (b) The City Commission does hereby find that it is necessary and appropriate and in the public interest that certain incentives in the form of fee reductions or waivers be provided for new businesses locating within the Redevelopment Area in order to promote economic growth:, to expand the ad valorem tax base, m increase job opportunities for all citizens of the ~2ity, and to improve the economic condition of the City and its residents and citizens. (b) The City Commission does hereby find that the creation and use .of such incentives and their application to certain business in the Redevelopment Area is in the interest and furthers a public purpose. (c) The City Commission does hereby find that the economic incentives contemplated by this Ordinance are consistent with the goals, objectives and principles of the Community Redevelopment Plan for the Redevelopment Area, as adopted by Ordinance 90-21 enacted on August 7, 1990 (the "Redevelopment Plan"), and such incentives further the purposes of the Redevelopment Plan, and are intended to promote and encourage private enterprise within the Redevelopment Area as contemplated and provided by Part III, Chapter 163, Florida Statutes. Section 2. Eli_Mble Busin~.qn. The City Commission does hereby determine that the economic development incentives created and established by this Ordinance shall only be granted to a business now located in the Redevelopment Area which is improving or enlarging its place of business within the Redevelopment Area or a business locating a new place of business within the Redevelopment Area. Any business satisfying the conditions of this Section 2 is hereinafter referred to as an ~Eligible 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 Zl 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Immalive Business," which may, in its discretion, file an application with the City as provided below requesting one or more of the economic incentives established by this Ordinance subject to the review, discretion and approval of the City Commission. Nothing in 'this Ordinance is intended or should be construed or applied as creating or granting any vested fight in any Eligible Business to be entitled to any or ail of the economic incentives established by this Ordinance not that there is any obligation or duty on the part of the City or the City Commission to consider, approve, grant or provide any or ail of the economic incentives established by this Ordinance to any person, including an Eligible Business. Section 3. Waiver of City Impact Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in Section 6 below, the City Commission may, in its discretion and subject to such conditions as it may establish, waive the payment of City impact fees by the Eligible Business and the City shall pay from legaily available funds the amount of such City impact fees by whatever name known that would have otherwise been paid by the Eligible Business in the absence of such approqai by the City Commission and cause that payment to be deposited in the fund or account in which the City impact fees are customarily deposited. For purposes of this Section 3, "City impact fees" means a land development regulatory fee charged to new development which creates a need for capital improvements. Section 4. Waiver of Building Permit Fees. Upon an application from an Eligible Business and recommendation of the :City Manager as provided in Section 6 below, the City Commission may, in its discretion and subject to such conditions as it may establish, waive the payment of building permit fees for the construction or improvements being done by the Eligible Business in the Redevelopment Area. For purposes of this Section 4, "building permit fees" means those fees charged by the City for reviewing and inspecting structurai, mechanical, plumbing, gas and electricai construction in the City. Section 5. Water and Sewer Facilities Construction and Installation. - Upon an application from an Eligible Business and recommendation of the City Manager as provided in Section 6 below, the City Commission may, in its discretion and subject to such conditions as it may establish, authorize and provide for the payment by the City of the cost to construct and install 'improvements to the City's water or sewer system, or both, which are not located on property owned by the Eligible Business, but which are necessary or required in order for the Eligible Business to locate in the Redevelopment Area. For purposes of this Section 5, "improvements to the City's water and sewer system" means improvements not located on property owned by the Eligible Business such as lift stations, water lines, sewer lines, or oversized lines, but does not include any connections or any improvements located on property owned by the Eligible Business. Section 6~ Procedure for Economic Incentive Applications. The City Manager shall establish appropriate forms and procedures for the filing of an application 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 23 24 25 26 27 28 29 30 31 32 33 34 35 36 by an Eligible Business for any of the economic development incentives established Sections 3,4, and 5 of this Ordinance. Upon receipt of an application the City Man shall review the application and determine (i) the applicant is' in fact an Eligible Business, (ii) the economic development incentives established by this Ordinance are necessary and appropriate to encourage the Eligible Business to locate in the RedeVelopment Area or to improve or enlarge an existing location within the RedevelOPment Ar '" of funds nece to a for . . ; : . ca, (m) the mount ssary P Y such economic development incentive being requested, and (iv) sufficient funds are available to the City to pay such costs. Upon making such a determination, the City Manager shall notify the City Commission. of the application and r~..omme.n.d, to the Ci.ty .Commission whether the application should be approved, a rove w~!.m co. na~t~ons, or denied. The City Commio~;,,- -'--- '.- - PP d tzl Mana er' . ~. ..... ~nau conslaer me a Ii ' ty g s recommendation at,~ ........... . . PP caa.on and the ..... ~,.~L t~gumr or spemm meeting following receipt the City Manager's recommendation. At that time the City Commission may, in its discretion,. . accept the City Manager's recommendation or take such other action as the ~ommlssmn d~.ms to be necessary and appropriate, including establishing conditions to me approval or the economic development incentives that were not recomaTnended by the City ~anager, 'but the City Commission may not enlarge or incr~ the amount or e~tent its°f theapplicationeCOnom/cfileddeVelopmentwith the CityincentiveManager.bey°nd that requested by the Eligible Business in Section 7. Implementing Actions Authorized. The appropriate City officials are hereby authorized and directed to take such actions as are necessary to implement the provisions of this Ordinance. Section 8. Reports to the Ci_ty Commis,i0n. The City Manager is hereby directed to periodically from time to time report to th~ City Commission as to the use of the economic development incentives established by this Ordinance, including information as to the number of new or enlarged or improved business facilities in the Redevelopment Area subject to such incentives, the number requestin such in of the incentives to the busines;~ ........ :- g.. centives, the dollar value o~, -*quesnng mere, ana the number of jobs created as a remit of such facilities being located within the Redevelopment Area and the amount of increase in the City's Manager may at any ad valorem tax base 'or other increases in City revenues. The City time make recommendations to the City Commission regarding the modification of economic development incentives or curtailing or eliminating them based upon the experience of the City with such incentives and their effectiveness. Section 9. ~- If any part of this Ordinance is determined to be invalid or illegal, then the remaining poffion of this Ordinance shall not be affected by such determination and shall remain in full force and effect Section 10. EffecfiveD~t~. This Ordinance shall become effective immediately upon its enactment by the City Commission. 2 3 4 5 6 7 8 9 10 11 12 .13_ 17 i8 19 FIRST READING this /~- day of October, 1996. SECOND, FINAL READING AND PASSAGE this ~ day of NovemSe~, 1996. ATTEST: Ci~ Clerk CITY OF BOYNTON BEACH, FLORIDA [ce .Ma/orJ / ~.../~ ' ~~;ner Commissioner s ioner R~v . l O l