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Agenda 11-12-02II. Call to Order. ~'~ Roll Call. COMMUNI . ENT AGENCY Tuesday, November 12, 2002 Commission Chambers Boynton Beach 6:30 P.M. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda. ZV. B. Adoption of Agenda. . Consent Agenda. -- ~(~ ~ A. Approval of Minutes - October 8, 2002 CRA Board Meeting. V. Public Audience. '-kJ~L~. Public.' Hearing-~jL[~ Planning and Zoning Hearing Items New Business ~.. PUBLIC HEARING Land Use Plan Amendment/Rezonin,q (Revised) 1. PROJECT: Merano Bay (LUAR 02-006) ny person who decides to appeal any decision of the Community Kedevelopment Adviso~ Board with respect to'any matter msidered at this meeting will need a record of the proceedings and for such purpose may need to ensUre that a verbatim record of ~edings is made, which record includes the testimony'and evidence upon which the appeal is to be based. city shall furnish appropriate attxilia~ aids and services where necessary to afford an individual with a disability an equal ~portunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas utchinson at 561-737-3256 at least twenty-foUr hoUrs prior to the program or activity in order for the City to reaso_qnably commodate your request. AGENT: Carlos Ballbe, Woodside Land Development Corp. B. OWNER: AutoZone, Inc. LOCATION: Southeast corner of Shore Ddve and North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20 du/acre. Comprehensive Plan Text Amendment ('CPTA 02-001 1. AGENT/OWNER: Staff Initiated DESCRIPTION: Request for modification to Comprehensive Plan Policy 1.19.2. t¢ insert an additional exception to the restriction on industrial lan( conversions to support the City's supply of housing for current an( future populations. (This amendment is in response to the objections of the State t¢ the South Congress Residential (LUAR 02-002) application). New Site Plan 1. PROJECT: AGENT: ... OWNER: LOCATION: DESCRIPTION: Height Exception 1. PROJECT: AGENT:. CK$ Incorporated (NWSP 02-005) Jeffrey Smith, JMS Design Inc. CKS Incorporated Lot 44 Trade winds Estates - East side of Old Dixie Highway, North of Gulf stream Boulevard and South of Miller Road Request for site plan approval for an 8,043 square foot, one-story office/warehouse building on a 0.67 acre parcel Presidential Drive (HTEX 02-002) Richard C. Williams, Williams Construction Services, Inc. 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 eq opportunity to participate in and enjoy the benefits of a service, progran~ or activity conducted by thc City. Please contact Doul~las Hutchi~.~on at 561-73%3256 at least twenty-four hours prior to the pro,ram or activity in order for thc City .tg. ,reasonably accoi~i,iodate your request. - VII. OWNER: LOCATION':: DESCRIPTION: Director's Report: A. Updates A & A Corporation, Inc. 719 Presidential Ddve' Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4. F., to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches (32'-6") high, a distance of 2 foot 6 inches (2'-6") above the maximum thirty (30) foot height allowed in the R-l-AA Single family zoning district. 1) Madna project -- ~°t I a. Gateway Signage for area b. Boynton Beach Blvd. Extension upgrade for temporary access dudng construction of the Marina Project c. Incentive Program.Request..- 2) Financial Report .--~q~ ;~, ~ 3) CRA BODA Downtown Event ...qo¢~ 4) Events Coordination Effort'- 5) Alternative meeting structures to accommodate CRA Agenda length 6) Work Shop dates in December L¥ person who decides to appeal any decision of the Core--miry l~edevelopment Advisory Board with respect to any matter nsidered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of proceedings is made, which r~ord includes the testimony and evidence upon which thc appeal is to be based. shall fumsh appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal ~ortu'nity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. 'Please contact Douglas tchinson at 561=737'3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably ommod~te your request. ~*~ ~ 7) Preferred selection process to complete Boynton Beach Blvd. District CRA Plan Updat, .- 'So;L 8) Design Guidelines Overlay_ Old Business[._ ,5 0 ~ A. Historic High School Adaptive Re-use Plan Presentation B. Heart of Boynton Update C. Consideration of a Contract for Services for the CRA Way Finding Program. D. Consideration of adjusting criteria for the Fa(;ade Grant Program - E. Consideration of Direct Incentive Programs - ~ - IX. Consideration of Insurance for: Property &Liability, Windstorm, Workers Compensation and Employee Bonding. - 5c1~ '/~ t ~'~ G. Re-Consideration of Payoff of CRA Loan at Bank of America and Direction to Seek Proposals to establish a line of credit.- _~ H. Resolution of the'Boynton Beach Community Redevelopment Agency, reconfirming and reauthorizing the purchase of the Relax Inn. -5'~ New Business: - ..~ [5 ~/ A, Approval of Revised Travel Policy --. B. Consideration of Facade Grant request from Mar(~ Fender for High Ridge Properties LLC. C. Consideration of Employee Health Insurance Plan. ~1~ ~uy 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 ~' the proceedings is made, which record includes the testimony 'and evidence upon which the appeal is to be based. The city shall fi]rnish appropriate auxiliary .aids and services where necessary to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Dou~,s Hutc]~i~.~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for .thc City to reasonably accommodate your request. _.~. ~,.. D. Considerations_ or resolution to secure a CRA Credit Card. X, Other Items: XZ. Adjournment. Any person who decides to appeal any decision of the Corr~nunity Redevelopment Advisory Board with respect to any matte~ 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 ~mcecdings is made, which record includes the testimony and evidence upon which the appeal is to be based. ~ m .ity shall furnish appropriate aux/liaz7 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 Douglas Hutchi~.,on st 561-737-3255 st least twenty-four hours prior to the program or activity in ozder for the City to reasonably accommodate your request. ~ ~ IV. Consent Agenda. COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES YES NO YES NO YES NO Chairman Finkelstein m .lose Aguila · ~ · · Alexander DeMarco · L'/'' · · ~V-~~Heavilin mm Henderson 'T-dlman __ Vice Chair Heavilin Alexander DeMarco .lose Aguila Don Fenton Chairman Finkelstein Michele Henderson Tillman YES NO YES NO YES NO YES NO YES NO Michele Hoyland Alexander DelVlarco .lose Aguila Henderson Tillman Chairman Finkelstein Vice Chair Heavilin Don Fenton Henderson 'Fillman Chairman Finkelstein Jose Aguila YES NO YES NO Michele Hoyland Alexander DeMarco ~ I-leavilin Don Fenton YES NO YES NO s:\cc\wp\minutes\cra\roll call sheets.doc A. Approval of Minutes MINUTE~ OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 8, 2002 AT 7:00 P.M. Present Larry Finkelstein, Chairman Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Absent Jose Aguila Henderson Tillman I. Call to Order Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Dale Sugerman, Assistant City Manager Chairman Finkelstein called the meeting to order at 6:33 p.m. !1. Roll Call The Recording Secretary called the roll and declared a quorum was present. II1. Agenda Apprbval: A. Additions, Deletions, Corrections to the Agenda Chairman Finkelstein requested the following changes and additions to the agenda: > Item A. 1 and B.1 under New Business needs to reflect that it had been previously tabled and needs to be removed from the table. > The addition of Item C. under VII, Unfinished Business, "Director's report on the Old High School." Adoption of Agenda Motion seconded by Mr. DeMarco Motion Vice Chair Heavilin moved to approve the Agenda. and unanimously carried. Meeting Minutes Community Redevelopment Agency Boynton Beach~ Florida IV. Consent Agenda October 8, 2002 A. Approval of Minutes - September 10, 2002 CRA Board Meeting Chairman Finkelstein noted that Mr. Aguila requested that a change be made on Page 9, in the fifth full paragraph that states: "He also did not like the wall." Mr. Aguila requested that the word "pre-cast" be added before "wall" to read as follows: "He also did not like the pre-cast wall." Chairman Finkelstein requested that the fourth paragraph on Page 9 that referenced two types of light be changed to read '~vo types of light poles." On page 3, the second paragraph of the motion, Chairman Finkelstein requested that his statement be clarified that he requested if the CRA Attorney's Office was prepared to move forward on the closing. Motion Vice Chair Heavilin moved to approve the minutes as amen~led. Motion seconded by Mr. DeMarco and unanimously carried. Revision to the Month-to-Month Lease Authorization for CRA Offices at 639 E. Ocean Avenue, Suite 107 Motion Mr. Fenton moved to'al~p~ove the lease. Motion seconded by. Mr. DeMarcO and' unanimously carried. Co Recommendation to the City Commission for the Acquisition of Properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwalk and Mangrove Park Expansion. Vice Chair Heavilin inquired about the disparity between the asking price and the offer. Mr. Hutchinson responded' that the figure was approximately double. For clarification, Chairman Finkelstein asked if Mr. Hutchinson was referring to the appraisal price, which he noted was $250,000. Mr. Fenton inquired if any factual information was presented regarding the planning of a marina. Mr. Hutchinson said he-checked with' the DEP and did not find anything to indicate there were any plans for a marina. Mr. Fenton inquired if the project intended for that area could by-pass that property. Chairman Finkelstein pointed out that the agenda item included properties for the Boynton Beach Boulevard extension, the Promenade, Riverwal.k and Mangrove Park expansion, which includes some of this property. 2 Meeting Minutes Community Redevelopment Agency Boynton.~each, Florida October 8, 2002 , Mr. Fenton inquired if the DEP would allow a marina at this location. Mr. Hutchinson responded that the DEP would have concerns regarding the design, as well as the seagrass, plus there was no parking in the area. Mr. Fenton also pointed out that there were mangroves. Mr. Hutchinson said that they are looking at putting in a day dock, which is different from a marina. He does not think that this area could be considered a revenue-generator, which the property owner disagrees with. This can be attributable to why there has been no progress in acquiring the property. Mr. Hutchinson stated that the property owner did say that they would be interested in letting the experts get together and work towards a settlement, which would be a decision of the City. Chairman Finkelstein stated that they have done all that they could do and that a motion to reiterate the Board's previous motion to begin the process of condemnation would be in order. Motion Ms. Hoyland moved to recommend to the City Commission for the acquisition of properties for the Boynton Beach Boulevard extension, the Promenade, Riverwalk and Mangrove Park Expansion through the condemnation process. Motion seconded by Vice Chair Heavilin and unanimously carried. Attorney Payne administered .the oath to all persons who would be testifying. V. Public Hearings Planning and ~oning Hearing Items Old Business A. Land Use Plan Amendment/Rezonin.q Project Name: Agent: Owner: Location: Description: The Harbors (LUAR 02'005) (tabled) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC)to Special High Density Residential (SHDR); and Request to Rezone from Community Commercial (C-3) to Infill Planned Unit Development (I PUD) Proposed Use: Development of 51 fee-simple townhouses 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Motion. Vice Chair Heavilin moved to remove the item from the table. DeMarco and unanimously carried. October 8, 2002 Motion seconded by Mr. Dick Hudson, Senior Planner, presented the item, which is to reclassify the property from local retail commercial to special high density residential with a density of 20 units per acre; and to rezone from community commercial to infill planned unit development to redevelop the property with 51 fee-simple townhouses. This is a reduction from the prior petition. Mr. Hudson reviewed the adjacent uses that had been pointed out at the pdor hearing. The project is a small-scale amendment, which means that it is adopted by the City prior to being sent to DCA. The project meets the eight criteria necessary for an amendment to the Comprehensive Plan Future Land Use Map. The land use amendment and rezoning would be consistent with plans contained in the Comprehensive Plan. The property is located in a hurricane evacuation zone and staff is recommending that each homebuyer be informed that they are purchasing' property in a hurricane evacuation zone and to provide a mechanism to disseminate continuing information to residents regarding hurricane evacuation and shelters. Staff would like any development in that zoning district to have design standards that would exceed the standards of the basic development standards in terms of sign design, building architecture, construction materials, amenities and landscape design. Staff still feels that the design falls short of what staff would like to see. The applicant' has removed one of the four .unit buildings to allow more space between the buildings, the paseos and the driveways into the garages.. One additional unit has been added to the building on the Intracoastal, which creates a wall effect. The sidewalk is only 4' wide for the residents to access the pool area and dock. The applicant has added some bumpouts to the sides of each structure, which does improve the appearance of the building. Up and down the Federal Highway Corridor there are elements of Spanish and Mediterranean style developments that are very attractive. Staff would like to-see more style than what the applicant is proposing. Mr. Hudson pointed out that this project would be the gateway to the City at the north end and staff would like to see something outstanding and memorable. The project still lacks amenities and the pool is far from the units on Federal Highway. Staff has not been informed if there would be restrooms at the pool area. There are no benches and there is not enough room to plant shade trees. Also, staff has not been told how the docking facilities would be accessed from the land side. Parking is still a problem; the parallel parking spaces along the drive are not convenient to the pool area; and there is insufficient guest parking. The landscaping is minimal and 4 Meeting Minutes Community Redevelopment Agency Boynton ~each, Florida October 8, 2002 the height of the Palm trees is not very high. Staff would like to see some lush landscaping to compensate for some of the shortcomings. The pervious area of the project is 29% and there should be more pervious area. The site plan is an improvement to the commercial use restaurant and nightclub currently on the site: If the site plan is adopted, it then becomes the Master Plan and is linked to the rezoning. Staff does feel that the project is (1) consistent with the intent of the Comprehensive Plan; (2) would not create any additional impacts on the infrastructure; (3) would be compatible with the land uses; and (4) would contribute to the overall economic development of the City. The project is still deficient in design and falls short of meeting the zoning regulations. Staff recommends approval, subject to enhancements described in the staff analysis. There were five areas that need to be addressed as follows: (1) integrate architectural elements to enhance the overall character of the development; (2) change the orientation of the easternmost building to increase the visual and physical access to the recreation area; (3) improve the aesthetic quality of the paseos and provide amenities that the project lacks; (4) enhance the wall surrounding, the project and provide additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improve the quality of interior living areas; and (5) provide additional parking spaces to prevent congestion and decline in the project quality. Eric Johnson, Planner, noted that one four-unit building has been taken out to reduce the units to 5~. An additional unit has been added to the building closest to the Intracoastal. Some issues still outstanding are the building configurations, separation distance, drive aislest and allocation of parking for guests. The plans have been revised. that separate the buildings by 32'. Prior to that it was 25' and was increased by deleting one building. There is no additional landscaping in the courtyard area. Staff recommends increasing the width of the sidewalk from 4' to 5'. The design does not capitalize on the site's proximity to the Intracoastal Park and Waterway. At the last meeting, staff recommended angling the building. Staff would like to have some useable space on the porches. The project provides for one guest parking space for every seven townhomes, which staff feels is inadequate. Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18' wide backup area. The applicant has increased the space for the vehicles to back up out of the garage. Mr. Johnson pointed out that because of a lack of guest parking, people would be parking along the drive aisle or in the back of 'the units. This would be unsightly and dangerous. Staff recommends that the site plan be approved subject to adequately addressing all the issues in the conditions of approval. There are 52 conditions of approval. Condition #19 needs to be corrected to indicate 51 units.' Condition #43 is a duplicate of Condition #37 and should be removed. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Michael Weiner, Attorney for Centex Homes, pointed out that everyone has different visions. He noted that they started with 127 conditions and are now down to 52, and the applicant agrees with almost all the conditions. The project meets the eight criteria, and the applicant and staff are together on a great deal of the issues that depend more upon taste than the regulations. Attorney Weiner pointed out that they are not asking for any variances or exceptions and feels that the project is a good project. There are seven more parking spaces than required by Code and they have reduced the units from 54 to 51. The buildings are only 42' high, not 45/ as permitted, and he feels that they have exceeded the standards. Bob Bentz, Land Planner for Land Design South, said that they are. the land planners and landscape architects for the project. Mr. Bentz said he would be presenting the changes. He pointed out that three units have been eliminated and parking has been increased by two spaces. Mr. Bentz presented a PowerPoint presentation of the project. ' Mr. Bentz pointed out that they cannot change the shape of the parcel, which is over 900' in length and 130' in width and is a difficult parcel 'to work with. Mr. Bentz compared the old site plan to the new site plan. The building that was deleted from the new site plan was located in the western corner of the property. The building along the eastern edge has been modified to add an additional unit. This building only has 90' of ,;rontage on the Intracoastal .Waterway and will now contain five units. They will be keeping the wood dock along the Intracoastal Waterway, the deck area and the marina. The tiki bar will be converted into a cabana that will contain restroorns for men and women. The front doom to the units are located off the paseo areas and there is a walkway down the middle of the paseo. Each unit has their own access off the main walkway and the paseos have been increased from a minimum of 32'. The alleyways that separate the individual buildings have been increased and are used to access the individual garages. The alleyways are designed for use by the residents only. They have been increased to 30' to provide for additional maneuvering. The main entryway to the project has been changed in accordance with staff's request to line up the entry drive with one of the access driveways with one of the residential units. An additional paver block area has been added. With regard to staff's comment regarding access along the five-unit building, they agree with that comment. Mr. Bentz proposed that an architectural element be constructed along the side of the building to provide an entryway into the recreational area behind the unit. This would also serve as a focal point when driving down the main access drive. They have also made fa(;ade changes as requested by staff. Chairman Finkelstein opened up the public audience. ~c~ 6 Meeting Minutes Community Redevelopment Agency Boynton ~Beach, Florida October 8, 2002 Sally Dalton, 650 Las Palmas Park, gave a history of the property. Ms. Dalton had no complaints about Cafb LaNotte and pointed out that not all the residents were against that establishment. She questioned the accuracy of the street being 50' wide, 25' on each side and wondered if there was enough room to put in a left turn lane. Julie Szymkowski, 655 Las Palmas Park, did not think there was much change in tonight's presentation from the prior one. She thought the building was very unattractive. She stated that there were not 1,815 daily trips generated from the present property. She said there is no traffic being generated from the-property and questioned where the new figure of 358 daily trips came from. She also did not like the look of the project. Chairman Finkelstein closed the public audience. Attorney Weiner stated that the 1,815 trips took place when the restaurant was being utilized and the project would decrease the daily trips by almost 1,200 trips. He also pointed out that there is a 50' right-of-way even though currently only a portion of the right-of-way is paved. Chairman Finkelstein requested that the applicant address the conditions that they do not agree with. Mr. Bentz pointed out that the number of units in condition #19 has been decreased to 51 and should be changed. He discussed Condition #41 that requests the applicant to place features on the wall along the north side of the parking area and asked for clarification of this Cc~ndition. He pointed out that they already have an arbor area and a landscaped accent element..Since the northern wall contains a large Fichus hedge, it would not be visible. With regard to Condition #45, this condition requires that the size of the guest parallel parking be increased, as well as the garage units. The parallel parking spaces are 25' in length and the Code only requires 18'. The extra width will accommodate parallel parking. Mr. Bentz explained that the garage spaces are actually 20' in depth, not 17'. Condition ff48 asks that the applicant come back with a new site plan and they disagree with this condition. Condition #50 deals with the main east/west walkway. The east/west walkway runs along the northern boundary along the access drive and is currently 4'. Staff is asking it be increased to 5'. Mr. Bentz pointed out that there are only 51 residential units and the five units along the Intracoastal would not use the walkway. They feel that a 4" walkway is adequate for the community. The walkway is paver block and would improve the aesthetics of the community. ' Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Comment #51 deals with the width of the paseo area, which has already been increased. Mr. Bentz said that they agree with all other staff comments. Mr. Johnson addressed the applicant's comments as follows: Staff agrees that Comment #19 should be changed from 54 to 51 units. With regard to Comment #.41, the buffer wall along the north-property line, staff would like to see something attractive when a person or vehicle exits the property rather than merely a wall. Mr. Bentz pointed out that the wall is behind the Ficus hedge and would not be visible. Mr. Johnson asked if the hedge would remain during the construction period. Staff would like to have more than just a wall and hedge. Mr. Bentz suggested placing some landscaping elements and stated that the hedge would remain during the construction period. With regard to Comment #45, Mr. Johnson noted that staff was recommending that the · garage area in each unit be increased in size in order to maximize the storage space for both vehicles and other items. This would minimize the haphazard parking of cars throughout the development. Staff feels that at some point the garages would be used more for storage of items, rather than for parking of vehicles. With regard to Comment #48, Mr. Johnson pointed out that only a few units face the Park and staff requested that the applicant change and angle the buildings to maximize the visibility. With regard to Comment #50 dealing with the width of the sidewalk, Mr. Johnson acknowledged that 44" is required, but they would like to see something exemplary and felt that the sidewalk could easily be increased to 5'. Comment #51 is a recommendation to increase the paseo area. There is no code requirement to do this. This is staff's first IPUD and they are trying to maximize the best possible product. Ms. Hoyland pointed out thai she was not at the last meeting, but she has read the minutes and reviewed the site plan and staff report and Compared it to the current submittal. Ms. Hoyland inquired as to the actual width at the entrance of the garages. Mr. Bentz responded 16', which is standard for a two-car garage. Ms. Hoyland felt that a standard two-car garage opening should be 18'. She did not agree with staff's interpretation of using the garage for storage and felt this could be addressed through the association documents stating that garages cannot be used for storage and that outflow parking would be prohibited. She would recommend that the garage entrance be 18' at the opening. Ms. Hoyland had a serious concern with the elevations that face Federal Highway. The 'ear elevations as proposed for Units 7, 8, 9 and 10 and the end unit in Building 1 would face Federal Highway. She would like the applicant to add additional architectural 8 3cti Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 element on Buildings 1 and 2 and Unit 12. She felt that there should be additional balconies so that those residents could enjoy the recreation area and the Intracoastal Waterway. She also asked why the details for the cabana have not been provided such as elevations, roof material, etc. The previous plan included a handicap parking space to the north of Building 12. She felt that a handicap space was needed at the recreation area and questioned why the handicap space was deleted. Ms. Hoyland did not think that parking spaces needed to be provided behind the garages. She felt if the space of the garages were increased, this would eliminate the need for parking spaces behind the garages. She also felt that the two guest parking spaces behind Building 2 on the west side will create a problem for residents backing out of their garages. Ms. Hoyland felt that the details for the dumpster needed to be addressed further. She was against adding an additional unit to Building 12 and felt there was not enough room for this unit. Ms. Hoyland would like the existing wall addressed further. The elevations that face the park on the south side of the project should include more architectural detail such as shutters, false windows, balconett~s, etc. With regard to the light poles, Ms. Hoyland would like the type A, which would blend better with the style of architecture. She also had a serious Concern regarding the pre-cast wall and noted there already is a wall on the property and felt that the applicant should put in a permanent wall that WOuld require less maintenance, such as a concrete block wall. Ms. Hoyland would like to have more landscaping at the entrance to the main road from each driveway, such .as clusters of Palm trees with some type of plantings to soften the 900' perimeter. Sh(~ would like a requirement that a hedge be maintained along the wall, whether it is the current hedge or a new hedge, with a minimum of 6' high. Vice Chair Heavilin pointed out that the paseos and driveways have been increased. She asked if the possibility of not increasing the paseos and driveways, but instead adding additional parking along the west end along Federal Highway was discussed with staff. Vice Chair Heavilin felt there was still a deficiency in guest parking. Mr. Bentz was agreeable to this suggestion. He felt that they could add additional parking without reducing the width of the parking by making the driveways a little narrower. Mr. Bentz also noted that the association documents could have a restriction that would state that the garages could only be utilized for parking cars and not for storage. Vice Chair Heavilin asked for clarification on the width of the garage. Mr. Bentz responded that the typical garage width is 16' wide. He pointed out that the door is 16', but the width of the garage is 20' that includes the width of the parking spaces. Vice Chair Heavilin asked to view the color samples, which were provided. Mr. DeMarco did not feel that the design addressed staff's concerns that more units have a view of the Intracoastal. He felt that people would not purchase the units._that Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida did not have a view of the Intracoastal. be a deterrent to the sale of those units. October 8, 2002 Vice Chair Heavilin did not feel that this would Mr. Fenton thought that the balconies overlooking the Intraco'astal were too small. Mr. DeMarco also felt that the colors of the project were too dark and were not indicative of South Florida. Mr. Bentz pointed out that these are the same types of colors used in City Place in West Palm Beach and are popular colors for infill areas. Chairman Finkelstein inquired why the applicant did not want to include real balconies on the south sides so that people could sit out and look at the Park. He also would like to see more architectural elements on the two buildings that front Federal Highway. Chairman Finkelstein asked about the access to the docks. Kevin Borkenhagen of Centex Homes stated that the docks were on a submerged land lease that had been submitted to staff. It is a five-year lease, renewable every five years. It was just renewed last April. The docks will be available only to customers buying units. There are 13 slips that will be sold with a right to use the slip, which means someone who does not live on the property cannot b~y a slip. The slips will be offered on a first come - first served basis. He also stated that everyone would have access to the common dock. Chairman Finkelstein pointed out that the old site plan had 13 parking Spaces and the new site plan has 12. He also stated that if the project were approved it should be subject to staff receiving the elevation of the existing covered tiki bar to ensure that the. colors will be compatible with the colors of the buildings. Mr. Johnson said that this could be taken care of at th'e time of permitting, which Mr. Borkenhagen agreed to. Ms. Hoyland said that she supports the project, but feels there are too many changes for the Board to add more conditions in addition to the conditions already listed to approve the project. Mr. Bentz requested that the project be approved with the condition that the applicant come back to the Board for final architectural review and landscape approval. He pointed that they have contractual requirements for the property and need to move forward in a timely fashion. Vice Chair Heavilin stated that she did not agree with Comments ~48, #50 and #51. Chairman Finkelstein felt that Comment ~48 could be addressed by adding real balconies. Attorney Weiner said that they could add balconies. He said that they do not have a problem with coming back to the Board to. discuss the architectural and landscaping details, which could be a condition of approval. Chairman Finkelstein noted that the Land Use Amendment had to be approved with the '~ite Plan that becomes the Master Plan, which means that all the conditions being ~mposed upon the site plan need to be incorporated. Mr. Rumpf recommended that all Meeting Minutes Community Redevelopment Agency ~,,~ October 8, 2002 Boynton ~._ch, Florida items be processed together; Chairman Finkelstein said that the Board would like to see what the changes are and asked if there were a way to add a condition that those changes come back to the Board. Mr. Rumpf point out that this would be a recommendation to the City Commission. could be required to come back prior to drawings. Mr. Rumpf responded that the applicant obtaining permits with the architectural Ms. Hoyland asked about the handicap access for the recreation area, and Mr. Johnson responded that this is not a requirement for fee-simple townhouses. Mr. Bentz stated that they were amenable to adding some architectural enhancements to the western facade of the building along Federal Highway because the second and third floor would be visible from Federal Highway. Mr. Fenton requested that in staff Comment ff~9 the word "porch" be changed to "balcony,'' which the applicant agreed to. Motion Ms. Hoyland moved to approve the Land Use Plan Amendment and Rezoning for the Harbors to rezone from Community Commercial to Infill Planned Unit Development and to amend the Comprehensive Plan from Local Retail Commercial to Special High Density Residential for 51 fee-simple townhouses with conditions as noted in staff's report. Motion seconded by Mr. Fenton and unanimously carried, Motion . Ms. Hoyland moved to remove Item 5.B from the table. and unanimously carried. Motion seconded by Mr. Fenton B. New Site Plan Project Name: .Agent: Owner: Location: Description: The Harbors (NWSP 02-012) (tabled) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to construct 51 fee-simple townhouse units on 3.21 acres Chairman Finkelstein noted that staff has already presented their report on this item and the applicant did not wish to speak. Chairman Finkelstein opened up the public audience. the public audience was closed. Since no one wished to speak, Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Motion October 8, 2002 Ms. Hoyland moved to approve the Site Plan, the Landscape Plan and Architectural Elevation for The Harbors subject to the conditions listed in the staff report and the following conditions: (1) That additional parking on the west end' of the site be accommodated through reducing the paseos only (not the drive aisles); (2) That the garages be increased in width at the entrance opening to 18'; (3) That the applicant come back to the Board for final review of the following elevations: (a) That the rear and side elevations include more detailed architectural elements, specifically relating to all of the buildings and specifically to Buildings 1 and 2 where the side and rear elevations face Federal Highway. (4) That additional architectural detail be included on the south elevation facing Intracoastal Park, Such as bow windows, shutters, raised stucco bandings, and most importantly, balconies (not balconettes). (5) That landscape nodes be provided along the north perimeter of the property adjacent to the existing hedge and wall. The nodes would be specifically located where the driveways to the south interact with the perimeter and that the hedge be maintained at 6' in height. (6) Provide details of the proposed Cabana and possibly include a covered area along the west side qf the Cabana. (7) Provide a more slSecific detail of the dumpster enclosure, which should include' the detail of the gate. (8) That the co/ors for the proposed project, specifically the base color, be softened two shades. (9) That the proposed lights for the project be type A, as indicated on the site plan. (10) That any wall proposed on the project around the perimeter be a concrete block wall, rather than pre-cast. Mr. Fenton requested that Ms. Hoyland amend her comment #1 regarding additional parking by leaving this to the discretion of the applicant, since the applicant indicated they could increase the parking without reducing the paseos. Ms. Hoyland amended her motion to state in comment #1 that additional parking on the west end of the site be accommodated without reducing the driveways. Should any additional areas be necessary they would be obtained through the paseo area. Vice Chair Heavil/n asked Ms Hoy/and to amend her motion to delete Staff Comment ~1, which she agreed to. ' Ms. Hoyland further amended her motion by deleting staff Comments #50 and #48.~C~ ~ 12 Meeting Minutes Community Redevelopment Agency Boynton ~each, Florida October 8, 2002 Ms. Hoyland noted that staff deleted Comment #43; Comment #19 is amended to indicate 51 units. Ms. Hoyland incorporated her added condition #5 with Staff's Comment #41, regarding the landscaping adjacent to the northern perimeter. Mr. Bentz requested that Staff Comment ~45 be deleted. Ms. Hoyland felt that she addressed this in her comments by increasing the opening of the garage to 18'. Mr. Bentz stated that they would look into the feasibility of this and pointed out that the width and depth of the units have already been established. Ms. Hoyland agreed to amend her motion to include her statement to modify Staff Comment #-45 by increasing the garage opening in width, rather than depth. Vote. Vice Chair Heavilin seconded the amended motion. The moti. on unanimously carried. Administrative Appeal Project Name: Agent: Owner: Location: Description: Motion Gateway Texaco (ADAP) 02-011 (tabled) Bedl Kruger, Planning and Zoning Consultants Zuhair Marouf 2360 North Federal Highway North' Federal Highway at Last Palmas Request for appeal of administration determination that proposed improvement to gas station/convenience store would be an unlawful expansion of legal, non-conforming use. Mr. Fenton moved to remove the item from the table. Motion seconded by Mr. DeMarco and unanimously carried. RECESS WAS DECLARED AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. Mike Rumpf, Planning and Zoning Director, presented the item, which is an appeal of staff's administrative decision submitted' by Beril Kruger on behalf of the owner, Mr. Marouf. The appeal deals with the interpretation and enforcement of the Land Development Regulations, Chapter 2, §§11.1, ¶D.1 and ¶D.2 regarding expansion of non-conforming uses. The property owner wants to expand the gas station to provide an additional building for the storage of merchandise. Staff rendered an Administration Decision that the proposed change to the above-referenced business would be ,~..~C~ (.¢ 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 prohibited by City Regulations. The use is non-conforming by virtue of location limitations that limit the sale of gasoline to intersections consisting of roads of four lanes or wider. The Regulations prohibit the expansion of a non-conforming use, which Mr. Rumpf cited. The applicant stated that the expansion is necessary for the stOrage of merchandise, which they consider is separate from the gasoline sales, which are non-conforming. Staff recommends that the request be denied and that any expansion of the Gateway Texaco Gas Station would be an unlawful expansion of the legal non-conforming use. The sale of gasoline is the-principal use of the business that is located on one parcel within a single structure and, therefore, cannot be viewed 'separate from accessory components, such as retail sales. The applicant also has not proven that further expansion of the building and retail sales aspect of the business is mandatory for the continued operation of the principal use. Chairman Finkelstein inquired if the subject property had been cited by Code Compliance for the additional storage trailer? Mr. Rumpf requested that the applicant address this. Mr. Rumpf stated that these are two separate issues. Attorney Michael Weiner, was present on behalf of the owner, and stated that Beril Kruger, who submitted the application, was also present. The apPeal is the result of a request to allow an additional 600 square foot structure for the storage of drinks, sodas and juices for the convenience store that is operated at this location. Attorney Weiner cited Section 11 of the LDR, Supplemental Regulations. This Section states that gasoline-dispens~g establishments shall be located only at four lane intersections. Attorney, ~¥einer pointed out that C-3 Zoning allows for automotive' service stations. He stated that this is not a non-conforming use problem, but additional development criteria in'the Code makes this non-conforming. The use is an approved use and only the design criteria is not met. Attorney Weiner pointed out that the current storage does not meet the design criteria, and the owner would like to eliminate the storage in the truck and replace it with a permanent structure. If the appeal Were granted, it would eliminate one of the design criteria problems. He stated that the only purpose for the building would be to store sodas. If the owner had to eliminate the trailer, he would have no place for storage, which is necessary for the normal operation of its principal use. Attorney Weiner noted that in this day and age it is important that gasoline stations have this accessory use, which is a convenience store..Because of this fact, he felt that the storage 'of the sodas was necessary for the normal operations of the business and they would not be increasing any non-conforming use. Attorney Weiner also said that the owner meets the requirements to build this structure, which has been supported by many court cases. In summary, he stated that this is not an expansion of a non-conforming use and the c~wner is merely reducing the design criteria difficulties. It would be a hardship for the 'net if he did not have this accessory use. Attorney Weiner requested that the appeal be granted. 14 Meeting Minutes Community Redevelopment Agency October 8, 2002 Chairman Finkelstein opened up the public audience. Sally Dalton, 650 Las Palmas Park, was against adding any more non-conforming uses to this property. Ms. Dalton asked where the structure would be located on the property. Chairman Finkelstein stated they did not know' because they have not seen the site plan. . Brian Edwards, 629 NE 9t~ Avenue, Boynton Beach, was in favor of the addition to the gas station. Mr. Edwards pointed out that Mr. Marouf has a large cuStomer base that depends upon his business to accommodate their needs. He felt that the City should help Mr. Marouf and work with him to help his business grow. Mr. Edwards requested that the Board approve the structure. ' Drive, Bovnton Beach, Chairman of the Community W sham, 112 S. Atlantic ' · : - ...-;,,* ut how hard he and other ~e°~ationas Board, felt that this was acrucial Issue and P''''''ed ° people worked to get an independent CRA. He has read both sides of the argument and felt it was important to help the small businesses survive. Mr. Washam noted that the business is thriving and has a large customer bas6 that depends upon the convenience store for their needs. Mr. Washam urged the Board tO approve the appeal. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach, is a friend as well as a customer of Mr. Marouf, and frequents his establishment regularly. He feels that Mr. Marouf deserves a good-citizen award and that the storage building is necessary for his business. Mr. Pereira pointed out that Mr. Marouf is not trying to expand his gas station business, but is mei'ely trying to fill a need for his business to have a place to store his. merchandise. The location of the building would not be visible from the street. Mr. Pereira was in favor of allowing the owner to build the storage area to support his business. The public audience was closed. Mr. Rumpf wished to rebut some of the statements. The first one is that the use was a "permitted use" and that the location criteria is not part of the actual zoning regulations. He noted that gasoline stations are conditiohal uses in the City regardless of the zoning district. The location criteria goes hand-in-hand and is also part of Chapter 2 previously referenced. The current outdoor storage, from the City's perspective, does not exist. It is not a legal, non-conforming use because it never existed in a conforming way. It is non-permitted and has not undergone any site review and is .an illegal increase in the non.conforming use. Mr. Rumpf stated that the storage building would be an addition to that business and is not a change to the business. The City does not want to support the continued existence of these types of uses. in order to allow the addition, it would require a Code re-evaluation, because there is no special exception process for this type of expansion. "~': ?' Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Attorney Weiner pointed out that the storage would be in the back and would not be visible from the street. A site plan has been submitted to the City. The right-of-way, as pointed out in the previous application does exist, it is just not presently paved. Ms. Hoyland asked what the storage area would be used for. Mr. Rumpf responded it would be used for the storage of soda and other retail merchandise. She inquired if this would be an additional display area. Attorney Weiner said it would not be seen from the street and would be used for cold storage. The size of the building would be 20' x 30'. Ms. Hoyland further asked when the automotive component was converted to retail was the project assessed for parking and Mr. Rumpf stated that it was. She inquired if the expansion of the use is included in the gross floor area and Mr. Rumpf stated it would be and would be assessed for parking. Ms. Hoyland inquired if the applicant would be able to meet their parking requirements and Mr. 'Rumpf stated they have not reviewed the plan. Ms. Hoyland questioned why the item was on the agenda and felt that the Planning Director should have handled it. Further, she did not think that the applicant provided the necessary information to the Board that would indicate th'at it is not an expansion of a non-conforming use, She also felt it was an expansion of a non-conforming use. Chairman Finkelstein responded that the applicant had the right to appeal an administrative decision. Ms. Hoyland did not feel that there was sufficient evidence to allow an increase in the building's square footage, which is nomconforming, and supported staff's decision. Mr..Fenton did not agree with Ms. Hoyland and felt that the City's Code is antiquated. and needs to be updated. He did not think that putting in the addition would cause any harm. Mr. DeMarco pointed out that a 20' x 30' building is not small and felt that the Board should be furnished with a site.plan before anything could be approved. Chairman Finkelstein also agreed with staff's interpretation of the Code and said he could not approve anything without looking at a site plan. He asked how long the'trailer has been on the property, and Attorney Weiner stated it has been there since 1999. Chairman Finkelstein inquired when the Code citation was issued and was informed it was 2001. Attorney Weiner stated that before they could present the site plan, they had to get approval for the building. Vice Chair Heavilin inquired if the item was approved, would the applicant have to come back for site plan approval? Attorney Payne noted that tonight's'issue is an appeal of an administrative decision and the Board should not be looking at the item as a site plan issue. The question tonight is whether the use is an expansion of the non-conforming use. .~q~ 16 Meeting Minutes Community Redevelopment Agency Boynton ~each, Florida October 8, 2002 Quintus Green, Development Director, noted that the issue tonight is whether or not the facility is a legal non-conforming use and it is not. Therefore, the propOsal would be an expansion of a legal non-conforming use and staff has determined that it is an expansion of a non-conforming use. He has never heard of a Code that would allow for the expansion of a non-conforming use. Ms. Hoyland suggested that the applicant process a Text Amendment to amend the Code. She felt that if the Board approved the request, it would set a precedent for other non-conforming uses. Ms. Hoyland requested that the Board support staff's interpretation of the Code. Motion Ms. Hoyland moved to deny the applicant's appeal of the decision of the Planning and Zoning Director's decision as noted in the staff report. Motion failed for lack of a second. Motion Mr. Fenton moved to accept Mr. Marouf's request for an additional 20'x30' addition to his business. Motion failed for lack of a second. Motion Ms. Hoyland moved to uphold the decision of the Planning and Zoning Director. Chairman Finkelstein passed the gavel and seconded the motiOn. The roll was called and the motion carried 3-2 (Don Fenton and Vice Chair Heavilin dissenting). New Business Land Use Plan Amendment/Rezoning Project Agent; Owner: Location:' Description: Merano Bay (LUAR 02-006) Carlos Ballbe,' Woodside Land Development Corp. AutoZone, Inc. Southeast corner of Shore Drive and North Federal Highway. Request to amend the Comprehensive Plan Future Land Use Map from Local Retai!. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Commercial (LRC) to High Density Residential 10.6 du/acre; and Request to rezone 'from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) B. New Site Plan Motion 1. Project Name: Agent: Owner: Location: Description: Merano Bay (NWSP 02-014) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast corner of Shore Drive and North Federal Highway Request to construct 20 fee-simple townhome unitson a 1.75-acre parcel Ms. Hoyland moved to remove Items' A. 1 and B. 1. from the table. Motion seconded by Vice Chair Heavilin and unanimously carried. Dick Hudson, Senior Planner, presented the item. When staff was .going through the site plan review, it was discovered that the advertisement for the item was incorrect. Mr. Hudson pointed out that the rPUD regulations could apply to both the C-3 and the high density residential. Both would allow 10.8 units per acre. The applicant thought that they were applying for' t~e 'special high density and as a result, when this was discovered, it was too late to re-advertise for this meeting. Staff is asking that the Board review the Rezoning and Site Plan for approval. The Land Use Amendment will be re- advertised as soon as possible. The Site Plan will function as the Master Plan and staff is very pleased with the Plan. The Site Plan has been handled very well; the amenities are centrally located; there is adequate parking; and the landscaping is very good. The project exceeds the basic development standards. The only problem is that the applicant is only allowed to build 18.9 units and they need 20. Staff is recommending that the rezoning to the IPUD District and Master Site Plan be approved contingent upon the approval of the reclassification to special high density residential. The project meets the eight .criteria as outlined in staff's report; is consistent with the Comprehensive Plan Policies; and would blend in with the adjacent single-family residential properties to the east. Staff recommends approval of the Zoning and Site Plan. The Land Use Amendment will be brought back to the next meeting. laxime DuCoste-Amedee, Planner for the City, presented the Site Plan. The applicant is applying to build 20 fee-simple townhomes at the southeast corner of North Federal 18 Hol Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Highway and Shore Drive. There would be four separate buildings on 1.75 acres. There is a pool that is centrally located and each bUilding would have five units around a circular drive. The buildings will be two-stories and would include three to four bedrooms and three bathrooms. Currently the property is undeveloped. Both the ingress and egress to the development would be 12' wide along Federal Highway. The interior circular drive would be 20' in width. There will be 43 parking spaces as opposed to 40 that are required. Each unit would contain a one-car garage with a one-car driveway that could accommodate two cars. There will be three additional parking spaces around the recreational area, including a handicap space. The back-up distance for the parking spaces is 24' with the exception of Units #1 and #20 that are adjacent to the entrance. Staff is recommending that the applicant request a waiver in order to meet the 24' backup. The landscaping is lush and 'above Code. There will be 54 trees, which is much more than the required 50%, and all the landscape material will be native. The townhomes will be 25%' in height and a CBS 6' wall will be placed along the west and north property line, which will be setback at least 4' from the property line. A condition has been included that the color of the wall would be similar to the exterior of the buildings. The architectural design of the project is a Neo-Mediterranean design and the extedor wall will be stucco with two color options. All architectural enhancements will be white. The Spanish roof tiles will be ~erracotta. There will be a separate signage review by the CRA when the applicant brings the signage forward. Staff feels that the project meets the intent of the IPUD regulations and actually goes. beyond the typical re~:luirements and staff recommends approval of the Site Plan. There are 25 Conditions of Approval, and staff wOuld like to add another condition to total 26 Conditions. The new condition would state that, "The proposed 6' .high masonry wall located along the north and west property line shall be painted the same color to match the color of the proposed buildings." Carlos Ballb§, a consulting engineer from Ft. Lauderdale is the agent for the project. He stated that they are proposing to build a luxury townhouse community and incorporated staff's comments when they designed the project. He feelS that the community will blend in with the commercial to the north and the single residential homes in the area. The entrance has been designed to have little impact upon the neighborhood and they are planning to enhance the entrance to the Coquina Cove subdivision by adding a sidewalk, curbs and gutter, as well as landscaping. Mr. Ballb~ respectfully requested that the project be approved. There was no one that wished to speak during Public AudienCe, 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Chairman Finkelstein asked the agent to address any staff comments that they did not agree with or need further clarification on. Mr. Ballb~ addressed Comment #1 regarding the minimum backup distance for 90° being 24' and thought that this issue had been resolved by adding more distance between the townhouses and adding a sidewalk around the perimeter of the roadWay. The only units that this would apply to are the two end units. The agent requested a waiver for this item. Chairman Finkelstein pointed out that this was included in the staff report. Mr. Ballb~ said that they agreed with all other staff conditions. Mr. Fenton inquired about the overhead wires and Mr. Ballb6 stated that there were no overhead wires on the property. Chairman Finkelstein requested to look at the color chart. Mr. DeMarco noted that the color for the garage doors presented was darker than the colors on the artist's rendering. Mr. DeMarco would like to see the garage doors painted a lighter color. Ms. Hoyland noted that staff has recommended a CBS wall, but the site plan indicates a pre-cast wall. Mr. Ballb~ said they were proposing 'to in~tall, a pre-cast wall. Mr. DuCoste-Amedee stated that-staff would prefer to have a CBS wall. Ms. Hoyland also questioned why there is such a mixture of materials around the perimeter of the site, such as a 6' pre-cast wall along the north property line and along the northeast property ] 6' high shadow box wood fence is being Proposed. Also there is al'ready an existing metal fence. Mr. Ballb6 responded there are a lot of pre-existing conditions. The only thing they will. be doing is adding a pr~-c~st'wall along Federal HighWay and Shore Drive. They are trying to preserve the existing landscape and there is also an existing CBS in the neighborhood. The existing chainlink fence belongs to the South Florida Water Management District. Ms. Hoyland inquired about the reduction for Units 1 and 20 from 24' to 15' and if staff is supporting this. Mr. DuCoste-Amedee stated that the 24' is a standard engineering drawing. He is not sure if the Engineering Division would support reducing the driveway. Mr. Rumpf said that there have been brief conversations with the Engineering staff and he believes that they generally support the reduction; however, this is unofficial. Obtaining a waiver is an administrative function and the applicant would not have to come back to the Board. Mr. Ballb~ stated that they were not proposing to add any hedges along the SFWMD Canal. s. Hoyland referenced the large triangular paved area around the pool and thought mat the pavement could be cut back and more landscape could be added. Mr. Ballb~ 20 ~)5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 said that they would be willing to cut back some of the paved area, but only as much as would be allowed under the ~Fire Codes. Ms. Hoyland complimented the applicant on their elevations and noted that the project exemplifies what is needed in IPUD districts. She would like to see additional architectural detail on the side elevations and suggested that the score line be continued around the side of the building. She also suggested adding additional windows or faux windows that would be comparable to what is on the front of the building. Mr. Ballbb said that they would be amenable to these suggestions. He pointed out that there would be shade trees in the backyards, which is why they emphasized the detail on the second floor because the second floor would be more visible. Ms. Hoyland suggested that staff work with the applicant to come up with some ideas on what the Board would like to see along the rear of the units. Mr. Ballb~ felt that they could work with staff on this. Chairman Finkelstein commented on #19 regarding placing a bus shelter along Federal Highway. Mr. johnson stated that there is a bus stop that is horth of the property at the commercial plaza. Mr. Johnson said that the rationale behind this comment was that the project would impact mass transit and to enhance the bus stop would further advance public purpose. The applicant agreed to coordinate with Palm Tran. Vice Chair Heavilin pointed out that Comment #21 is the same as Comment #26 that staff added. Mr. DuCoste-Amedee recommended removing comment ~26. Board members com"plimented staff and the applicant for bringing forward an excellent' project. Motion Mr. DeMarco moved to approve the recommendations of Planning and Zoning for Items A.1 and B.I. Ms. Hoyland requested that the following amendments be made to the motion: 1. Comment #19, dealing with the bus shelter, be deleted. 2. A CBS wall be provided, rather than a pre-cast wall for all new walls onsite. 3. That the center island be increased with more landscaping and that the applicant work with staff and the Fire Department to maintain the turning radius necessary on site. 4. That the garage doors be 9' wide without shifting or making the building larger. 5. That the side elevations include more architectural details, specifically with respect to Units #1 and #20 and that these elements be similar to the types of elements that are provided on units 1, 2 and 4 to include additional architectural 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 elements, specifically 13alconettes and railings above each patio and door window and additional elements that staff and the applicant can work out. That staff and the applicant work out the details of the waiver associated with the drive aisle behind Units #1 and #20 The score lines indicated on the rear elevation be continued around the side elevations on all buildings. Vote Mr. DeMarco agreed to amend his motion to include these comments. seconded the amended motion that unanimously carried. Ms. Hoyland Mr. Ballb~ stated that this is the first project for Southern Homes in Palm Beach County and that they are looking forward to bringing more projects to Boynton Beach. Conditional Use Project Name: Agent: Owner: Location: Description: Victoria's Closet (COUS 02-004) Thomas McCormack 3602 NFHB, LLC 3602 North Federal Highway Request Conditional Use Approval for a 34,484 square foot self-storage facility in a C-3 zoning district Mr. Johnson presented the item and stated that the property consists of 1.9 acres and is zoned C-3. He pointed out that in a recent interpretation of the Code by legal staff,. which was initiated b~/ r~p~esentatives of the applicant, a weakness in the Code Amendments was identified that would essentially allow this use to be carried forward into the C-2 and C-3 districts. Once this Code weakness was realized, the City passed R02-135 on. August 6, 2002 and followed up with a public hearing in accordance with procedural requirements established by 000-53. The Notice of Intent process allows for the initiation of a study of code amendments to address a particular code issue. The current NOI is in effect for 180 days; however, the applicant submitted their application prior to the passing of the resolution and is therefore eligible for review and consideration. Self-storage facilities, in accordance with the interpretation, will be a conditional use in a C-3 Zoning District. For evaluating Conditional Uses there are 12 standards and Mr. Johnson eValuated the important points. The site plan shows that there will be one ingress lane and there will also be another egress lane' for emergency vehicles only. The Palm Beach County Traffic Division states that the project meets the traffic performance standards of the County and this use would only generate 237 new trips. The Code requires 14 parking spaces and the applicant is providing 17 spaces. There c/ill be a loading zone in the rear of the building that will not face Federal Highway. The 22¸ Meeting Minutes Community Redevelopment Agency Boynton ~Beach, Florida October 8, 2002 dumpster enclosure will face north and the Code requires that landscaping be on all three sides. The demand for water and sewer would be very limited since self-storage does not have an intense use. A 6' buffer wall is proposed along the west property line and a portion of the north property line. The wall must be constructed pdor to the issuance of the C.O. The project perimeter will have a 30' wide landscape buffer along Federal Highway and a 5' buffer along the north and south sides of the project. The project .is located between two commercially zoned properties and the west buffer strip will be a minimum of 12' wide. The sign on the wall will be a backlit, 54 square foot sign. There will be one monument sign that will be double-faced and internally lit. The proposed project is compatible with the existing commercial uses and is a three- story building. The top of the roof will be 43' in height. The project complies with all 12 standards for evaluating a conditional use. There are 24 Conditions of Approval and staff is recommending approval of the project, contingent upon the 24 Conditions of Approval. Attorney Dick Coker, representing the applicant, introducec~ Thomas McCormack and Charles Highley, the two owners; the Planner, Anna Catrell; the Architect, Bill Osborne; and the Landscape Contractor, Bob Linscott. Attorney Coker stated that the project would be an office-like, air-conditioned facility. There is virtually no traffic impact, no noise, since the only business is the storage of personal and business equipment. The design has been done to be compatible with the neighborhood. He .pointed out that this is a depressed area and will be the first new. construction in many years. Anna Catrell stated that they agreed with all staff conditions. The project being presented tonight is through' a joint working effort with staff and the applicant. The building is Mediterranean in style, color and architectural details. The building is only 30' high and the additional height is due to the barrel tile roof element at the front of the building. The building will blend in well with Tuscany. Apartments. The applicant has incorporated arched windows, which was a staff recommendation. There is molding in the middle of the building that goes all the way around. There will be landscaping along the sides of the buildings. There will be three 22' Royal Palms planted at the entryway. The large Banyan Tree will be preserved and will be the focal point of the site. The only signage will be on the front facade and one freestanding sign not to exceed 8'. There will be a concrete wall separating the project from the residential area on the west and a portion of the north sides. There should be no impact on the residential areas. Ms. Catrell pointed Out that the design meets or exceeds the Code requirements. Chairman Finkelstein opened up the public audience. 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida _ October 8, 2002 Hector Garcla, representing Southern Homes of Palm Beach COunty, noted that they were the applicant for Merano Bay and they will be bringing several developments to the City along the Federal Highway Corridor. They own 7% acres across the street from this project, on which they plan to build approximately 110 luxury townhomes on the Intracoastal ranging in price from $400,000 to $1 million. They also have a contract for the adjacent warehouse sites and should be closing in December 2002. Mr. Garcia considers the subject project to be a "warehouse with a hat on it.'" He said that there are no real features that make the building exceed the design criteria of a mini-warehouse. They will be asking to rezone the adjacent property to build 43 townhouses on the south side and he feels that the wall would detract from his development. These townhomes would be priced similarly to the Merano Bay Townhomes and the building of warehouses along the Corridor would be detrimental to the redevelopment of Federal Highway Corridor. Chairman Finkelstein closed the public audience. Attorney Coker pointed out that Mr. Garcia continually referred to the self-storage facility as a "warehouse". This is not a warehouse project, but a s(.;If-storage facility with zero impact upon any facility in the area. The project has been designed to be compatible with all the development in the area. Attorney Coker noted that Mr. Garcia tried to buy the property from Mr. McCormack, but was unsuccessful in doing so. Ms. Hoyland noted from the drawings that the entire roof appeared to be pitched. Ms. Catrell pointed out that the intent of the drawing was to show the site design, not the building design in relationship to the surrounding properties. The drawing presented tonight will not supersed~ the.architectural drawings that were furniShed to staff. Ms. Hoyland inquired about the width of the drive-out area from the property. Bill Osborne, the Architect for the project, responded that the turning radius for a fire truck is 54', so the pavement had to be extended to allow a fire truck to go completely around the building. Ms. Hoyland liked the front elevations, but had a concern regarding the elevations of the project in the CRA District. She did not think that the project on the north and south side adequately addressed the elevations that they are looking for on the Federal Highway Corridor. Ms. Hoyland also liked the landscaping proposed for the site, but would like to see a storage facility similar to the one on Hypoluxo Road, just west of Federal Highway. She would like to see faux arched windows with a breezeway. When you drive by that building you would not know'that it is a storage facility. Ms. Osborne stated that they could put some faux .windows on the north, south and west sides if the Board so ;sired. 24 Meeting Minutes Community Redevelopment Agency Boynton ~!~each, Florida October 8, 2002 Ms. Hoyland suggested including awnings on the west side as well. Mr. Osborne agreed to this. She also suggested adding some parapet features on the back of the building or down the sides in order to "dress" up the long, expansive walls. Mr. Osborne said that they would be willing to readdress the side and rear walls. Mr. DeMarco inquired if the building were a three-story building and was informed that it was. Mr. Coker explained that even though it is three stories, it appears to be only a two-story building. The floors are only 10' high. Mr. DeMarco would also like to have the walls dressed up. Ms. Catrell pointed out that the building is not devoid of architectural detail. There is a molding that goes around the center of the building; there are color accents that match the awning and the signage. She also pointed out that there are foundation plantings all along the building. Mr. Johnson pointed out that the applicant needs to provide staff, with the details of what the gate for the fire truck exit would look like. Mr. Osborne stated that it would a decorative metal gate. . Chairman Finkelstein questioned staff Comment #14 that mentioned that the applicant should indicate the replacement trees on landscape sheet SP-I. Mr. Johnson responded that both plans were SP-1 and when the comment was made, the City Forester was referring to the plan that shows all the landscape material. Motion Ms. Hoyland moved to approve the ConditiOnal Use for Victoria's Closet and the associated Site Plan as presented with the conditions as listed in staff's report and the following added conditions: > That the north, south and west elevations include greater architectural details, such as faux windows with awnings on the east elevation, decorative vertical elements, such as columns to break up the large expanse of the building; a tower feature as indicated on the east elevation be included on the north and south elevations. Ms. Hoyland entered her Plan into the record. Vice Chair Heavilin seconded the motion. Attorney Coker stated that they did not have a problem with the general direction and comments. With regard to the specific design suggestions, he requested that their architect look at the changes and determine what changes they could incorporate and then bring them back to staff. He noted that there would be some problem with roof drainage if towers were added on the north and south. He would like it stated that they agree with the spirit of the motion and suggestions and asked that the applicant.be given some latitude in working with staff to address the design issues. '" ;1~ (~ ~ 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Ms. Hoyland responded that if it were left up to staff, the Board would not know what the changes would be. Chairman Finkelstein pointed out that staff underetands the spirit of Ms. Hoyland's direction. Mr. Rumpf stated that some of the conditions could be deemed substantial. He noted that the tower could become a substantial element and this puts staff in a difficult position. Chairman Finkelstein pointed Out that the costs of these suggestions need to be considered as well. Chairman Finkelstein thought that there would be room to add additional landscaping in the back of the property. He questioned whether a tower was necessary on the north and south sides. Mr. Osborne said that they could include some gables on the north, south and west side of the building and they could include some columns to provide some depth. Ms. Hoyland amended her motion to give the applicant the option of doing towers, as she noted previously, or decoretive gable parepets with roof tiles, decoretive columns and other similar details to further enhance the north and south elevations. There would be awnings on the west elevation. Attorney Coker stated that this was acceptable. Vice Chair Heavilin seconded, the amended motion. The motion unanimously can'ied. The owner of the property commended staff for doing a wonderful job and appreciated staff's assistance throu.gh.out, the entire process. VI. Director's Report: A. Project Updates 1. Financial Report for September 2002 The Financial Report is in trensition. An error was found and there should be $16,250 coming back into the fund. 2. Relax Inn Closing Mr. Hutchinson referred to the memo in the agenda packet and stated that membere will be apprised of the date. 3. Consider Date for Grend Opening of the new CRA Office Not addressed. 26 Meeting Minutes Community Redevelopment Agency Boynton ~Beach, Florida October 8, 2002 4. Design Guideline RFQ Mr. Hutchinson pointed out that they could piggyback the same design firm that Delray Beach is using for their design guidelines. This would eliminate the need to go out for an RFQ and advertising. This would save staff a great deal of time and effort. Chairman Finkelstein asked Mr. Hutchinson if he had any figures. Mr. Hutchinson will bring them to the November meeting. 5. Heart of Boynton Workshop Date Mr. Hutchinson announced that the Heart of Boynton Workshop would be included in the November meeting, thus eliminating the need for an additional meeting. Vice Chair Heavilin asked about the Core Grant Agreement for the Shipwreck and noted that the memo indicates that the Grant was for the Shipwreck and Booker T's Restaurant. Chairman Finkelstein responded that it was just for the Shipwreck. He reported that the project was not completed and the money should be coming back to the CRA. The Agreement calls for the City (or CRA) to notify the County if the project does not go through. Mr. Hutchinson said he would follow up this question with Mr. Sugerman and make sure that the County is notified. VII. Unfinished Business: A. Consideration of a Contract and payment fees to Robert Half Agency Chairman Finkelsteir~ requested that the words "pro rata" before the word "guara.ntee"-in' the second paragraph be deleted. Mr. Hutchinson also pointed out that the modifications and changes previously requested have been made. Motion Mr. Fenton moved to approve the contract with the deletion of the words "pro rata" in the fourth line of the second paragraph of the contract. Motion seconded by Vice Chair Heavilin and unanimously carried. Re-Consideration of Payoff of CRA Loan at Bank of America and direction to seek proposals to establish a line of credit Mr. Hutchinson determined that a prepayment penalty would apply under certain circumstances. The penalty for-early payoff is based on the difference between the note's interest rate and the market interest rate at the time of payoff. Since interest rates are now very Iow, this would come to approximately $535,000. Chairman Finkelstein said that he did some figures on this and came up with a figure of $170,000. Mr. Hutchinson noted that in order to actually determine the penalty, the Bank's 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 California office needs to be contacted. Mr. Hutchinson requested that no action be taken until the exact penalty amount could be determined. Ms. Hoyland inquired why it Was necessary to pay off the loan. Chairman Finkelstein pointed out that the Board borrowed .$3 million to purchase real estate and the money has not been spent. The CRA is losing $100,000 on the loan that it has not used. Chairman Finkelstein would like to switch to a line of credit where you would only pay interest on money actually borrowed. Even if the loan were paid off, the Fund would still have $3 million. If the Board has to keep the money, it will have to determine how to utilize the funds. Mr. Hutchinson will report back at the next meeting C. Report on the HJ.qh School Mr. HutchinSon reported that he did meet with two developers, staff from the Children's Museum and some City staff, but because of the move of the CRA offices, he did not have an opportunity to come up with a report. He felt that they have made some progress. He has also spoken to some people that can assist with funding up to $2 million through various sources. . Chairman Finkelstein noted that it has been stated that it would cost $5 million to refurbish the building and it has been established that the intent of the CRA is that they are not interested in this project. Mr. Hutchinson said that he has found credible people that could pay for it and want to be included in forming the master plan. Mr. Hutchinson will report back in November. James Barretta, 74 Baytree Lane, Boynton Beach, stated that he is an architect and has an office on Ocean' Avenue in Boynton Beach. He urged the Board to allow the Director sufficient time to do a proper evaluation. He pointed out that this is one of the last remaining, large historical buildings in the City. He did' not think that it would cost $5 million to renovate the building. Mr. Barretta thought the cost would be closer to $2 million. He volunteered $10,000 of his-services to study the facility to determine if a solution could be found. Mr. DeMarco reported that he spoke to the person that redid the school in Delray Beach and he expressed an interest .in helping out on this project as well. Mr. Fenton would like the Board to focus its energy on redevelopment of the City and not the Old High School. VIII. New Business: A. Consideration of a Contract for Services for the CRA Signage Program Mr. Hutchinson stated that they put a lot of work into this. There is an agreement with Guidance Pathway Systems, Inc. in the agenda packet for the Board to review. Ms. Hoyland requested that she have more time to review the agreement. I-{-~ 28 Meeting Minutes Community Redevelopment Agency Boynton ~Beach, Florida October 8, 2002 Motion Ms. Hoyland moved to table the item until the next meeting. Motion seconded by Mr. Fenton and unanimously carried. B, Consideration of establishing a new Fa(;ade Grant Program Mr. Hutchinson referred to the revised Fa(;ade Improvement Grant Program in the agenda packet. He is recommending that the items in italics be deleted from the prOgram, which are paragraphs 1 through 12. Ms. Hoyland thought that some of the conditions were too invasive. Vice Chair Heavilin noted that on the Program Guidelines the numbering went from 4 to 6 and asked if there was a paragraph 5. Mr. Hutchinson stated that this was a numbering error. Chairman Finkelstein questioned if Paragraph 14 should include "alleyways." Further, Chairman Finkelstein requested that in Paragraph 1, under Reimbursement Regulations, he would like to-add the words "and approval of completion of the work by the CRA" at the end of that paragraph. In Paragraph 2 under "Reimbursement Regulations" item (3) it states that: the Application shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Chairman Finkelstein would like to include "before" photos as well. Mr. Hutchinson stated that these would be supplied at the time of the application. Vice Chair Heavilin i[3quired why it took 90 days to process a reimbursement request.. She felt that 90 day~ was too long. Ms. Hoyland suggested using language such as "the first Friday of the month following the Board meeting." Mr. Hutchinson stated that staff needs to have sufficient time to do the background work. Mr. Fenton suggested stating "ten working days after approval by the Board." Members agreed to this language. Ms. Hoyland inquired how a person would be chosen to participate in the program. Mr. Hutchinson responded that it would be by the building. He said that there are nine pending applications. Chairman Finkelstein noted that all applications are subject to Board approval. Chairman Finkelstein pointed out that the grant has a maximum of $15,000, and the Board has $100,000 to spend on the Program. Attorney Pay'ne pointed out that the grant requires matching funds and not all applicants have $15,000. Vice Chair Heavilin inquired why roofs were included. It was decided to eliminate roofs from the program. Motion Mr. Fenton moved to approve the Fa(;ade Improvements Grant Program, as amended. Ms. Hoyland seconded the motion that unanimously carried. '"~ '-" '. 29 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Mr. Hutchinson said that he would provide a revised document. C. Consideration of Establishing a Direct Incentive Program Motion Ms. Hoyland moved to table Item VIII.C. until the next meeting. Motion seconded by Mr. Fenton and unanimously carried. Mr. Hutchinson reported that there is an applicant for this program that will be on the next agenda. IX. Other Items None X, Public Audience None Xl. Adjournment There being no further business, the meeting properly adjourned at 11:50 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (Five tapes) (October 9, 2002) 3O MINUTE~J OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 8, 2002 AT 7:00 P.M. Present Larry Finkelstein, Chairman Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Absent Jose Aguila Henderson Tillman DoUg Hutchinson, CRA Director LindseY Payne, Board Attorney Dale Sugerman, Assistant City Manager I. Call to Order Chairman Finkelstein called the meeting to Order at 6:33 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chairman Finkelstein requested the following changes and additions to the agenda: ~> Item A. 1 and B.1 under New Business needs to reflect that it had been previously tabled and needs to be removed from the table. > The addition of Item C, under VII, Unfinished Business, "Director's report on the Old High School." Motion B. Adoption of Agenda Vice Chair Heavilin moved to approve the Agenda. Motion seconded by Mr. DeMarco and unanimously carried. V. Public Audience. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 8, 2002 Mr. Hutchinson said that he would provide a revised document. C. Consideration of Establishing a Direct Incentive Program Motion Ms. Hoyland moved.to table Item VIII.C. until the next meeting. Motion seconded by Mr. Fenton and unanimously carried. Mr. Hutchinson reported that there is an applicant for this program that will be on the next agenda. IX. Other Items None X. Public Audience None ~(1. Adjournment There being no further business, the meeting properly adjourned at 11:50 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (Five tapes) (October 9, 2002) 30 VI. Planning and Zoning Hearing Items New Business A. PUBLIC HEARING Land Use Plan Amendment/Rezoning (Revised) 1. PROJECT: Merano Bay (LUAR 02-006). TO: FROM: THROUGH: DEVELOPMENT DEPARTHENT PLANNZNG & ZONZNG Dlq~STON MEMORANDUM NO. PZ 02-206 (revised) Chairman and Members Communi/~.~ment Agency Board Dick H uds~:~Z,A;[CP Senior Pla~ner Michael W. Rumpf Director of Planning and Zoning DATE: October 25, 2002 Project/Applicant: PRO3ECT DESCR/PI~ON Merano Bay/Woodside Land Development Corp. Agent: Carlos Ballb~ Owner: AutoZone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment (LUAR 02-006) Property Description: Vacant property consisting of +1.75 acres, classified Local Retail Commercial (LRC) and zoned :]:PUD Infill Planned Unit Development Requested change/use: To reclassify the. subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (MX) and zoned R-l-AA Single Family Residential (5.4 du/ac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low.Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family Residential (5.4 du/ac). Page 2 File Number: LUAR 02-006 Herano Bay West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. MASTER PLAN ANALY~ZR Under its present land use the property could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the :[PUD zoning district at a density of 10.8 dwelling units per acre for a .total of 18.9 units. The developer, is requesting a change of land use to the Special High Density Residential to allow the necessary 20 dwelling units per acre. The City Commission adopted the Federal Highway Corridor Redevelopment P/an on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. ]:t also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Zmplementation of the P/an included an amendment to the Land Development Regulations to create the :[PUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulc~ated in the Comprehensive Plan, all development proposed within the ]:PUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident '~ terms of a project's site design and site amenities. This project represents one of the first :quests for the :[PUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future ]:PUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. In conclusion, the proposed site plan does meet the intent of the IPUD zoning district. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial land use. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy opUmal design objectives without forfeiUng on any site amenities. Staff is recommending the approval of a reclassification to the Special High Density land use classification, which allows the proposed density. PRO3ECT ANALYS]'~ The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administra~'on and Enforcement, Item C. Comprehensive Plan Amendments: Rezon/n£s, These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. a. Whether the proposed rezoning would be cons/stent with applicable comprehensive p/an policies including but not//m/ted to, a prohibit/on against any increase in Page 3 File Number: LUAR 02-006 Merano Ba~ dwelling unit density exceeding 50 'in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/sion and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive p/an. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category I (Saffir/Simpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the 50- unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the Land Use Element reads: "The City shall con~'nue to encourage/nfl//development and redevelopment by' imp/emen~'ng actions of the Boynton Beach 20/20 Redevelopment k/a~ter P/an, and the po#c/es contained/n the Coastal Nanagement Element. ~ The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the ?edera/Highway Corridor Community Redevelopment P/an. The introduction to the regulations states: "It/s a bas/c pub/lc expectation that landowners request/ng the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, Dui/ding architecture and construction mater/a/s, amen/ties and landscape design. 7-he extent of variance or exception to basic design standards, including but not I/m/ted to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." The site plan for the proposed development was approved by the Community Redevelopment Agency Board on October 8, 2002, and by the City Commission on October :LS, 2002. :~t meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. bm Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public we/fare. Page 4 File Number: LUAR 02-006 Merano Bay 1'he proposed i;ncl use amendment would not'create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition between that lower density residential development and the commercial development, lying to the north of the subject site, along Federal Highway. c. Whether changed or changing conditions make the proposed rezoning desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor Community Redevelopment P/an, adopted by the City Commission on May :L5, 200:[, included the following strategy to provide a strong residential base that is aesthetically inviting: "~ncourage a variety of housing, Develop intensity standards that a/low for a variety of housing sty/es and types at intensities that w/Ii ass/st in supporb'ng the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Fed. eral Highway in the entrance districts. ResidenUal densities for the IPUD zoning district can range from :[0.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-:L6) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulaUons are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds convenUonal standards. In addition, the South Florida housing ~narke.t is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use would be compatible w/th utility systems, roadways, and other pub/lc facili~es. Development of the property for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily tdp generation rate used by the Fair Share Road :l:mpact Fee Schedule, the project is expected to have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per day that 61,000 sq. ft. of commercial space would generate, if the property were developed under its present land use designation. ]:t is also less than the 500 trips per day threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December :[8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the :LO-year planning period. The Palm Beach County School District has reviewed the project for school concurrency and approved it. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all · equirements of the city and local drainage permitting authorities. Page $ File Number: LUAR 02-006 Merano Bay Whether the proposed rezoning would be compab'ble with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby propert/es. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. f. Whether the property is physically and economically developable under the exisEng zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Community Commercial zoning district which permits a maximum lot coverage of forty percent (40%) and a maximum building height of forty-five (45) feet or four (4) stories. Tn 1998 a request for site plan approval was submitted to construct a one story, 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application pdor to review by the City Commission. Whether the proposed rezoning Is of a scale which is reZsonably related to the needs of the neighborhood and the city as a whole. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when 'the [PUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a~, above. This and similar developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. CONCLUS]:ONS/RECOMMENDA11:ONS As indicated herein, this request is consistent with the intent of the Infill Planned Unit Development zoning district; will not create additional impacts on. infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the approval of a reclassification to the Special High Density land use classification, which allows the density proposed in the site/master plan. ]7 the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS J:\SHRDATA\PlannIng\SHARED\WI~PROJECT~HERANO BAY~LUAR\b-TAFF REPORT LUAR3.doc VI. Planning .and Zoning Hearing Items New Business PUBLIC HEARING B.Comprehensive Plan Text Amendment (CPTA 02-001 )... Location Map Mera'no Bay I t \ BOYNTON CANAL C-16 800' 800 Feet LAKE WORTH ICVVW DEVELOPMENT DEPARTMENT PLANNZNG & ZONZNG DZVZSZON MEMORANDUM NO. PZ 02-223 (revised) TO: FRO H: THROUGH: Chairman and Members Community~~ent Agency Board Dick Hudsor~3'~ior Planner Michael W. Rumpf Director of Planning and Zoning DATE: October 23, 2002 SUB.]ECT: Policy 1.19.2 (CPTA 02-001) Request for Amendment to Text of Comprehensive Plan INTRODUC11:ON Staff is proposing an amendment to the Future Land Use Element of the Comprehensive Plan to Ileviate the restrictions imposed by current policy language that prohibit the conversion of land designated for "Industrial' development in order to meet the City's adopted goal for housing. That goal is, "The provision of decent~ safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City," This text amendment is being processed so that it can be adopted concurrently with the South Congress Residential (LUAR 02-002) amendment, a part of amendment cyde'0:t-2002 and is in response to a recommendation made by the Florida Department of Community Affairs (DCA) in their Objections, Recommendations and Comments (ORC) report, provided following transmittal of the land use amendment on .Tuly 5, 2002. Consistent with §163.3:[84, Florida Statutes, and Rule 93-11.01, Florida Administrative Code, the City must adopt, adopt with changes or determine that it will not adopt any large-scale comprehensive plan amendment transmitted to DCA. PROPOSED COMPREHENd;I'VE PLAN TEXT AMENDMENT Existing Policy 1.19.2 reads as follows: "The City shall provide continued effort to allow for industrial acreage which can accommodate the approximate industrial employment which has been projected/n the Future Land Use Element, and prohib/t conversion of land designated "Zndustr/al" on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices '~r current and future res/den~, provide goods and services of regional importance, and retain regional #sca/and economic significance." Page 2 File Number: CPTA 02-001 Industrial P~licy Po/it? 1.19.2 PROPOSED TEXT(staff) (with proposed changes shown in underlined and bold text) The City shall provide continued effort to a/low for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit convem/on of/and designated "Industrial" on the currently adopted Future Land Use Nap un/ess such convem/on would 9enerate a range of employment choices for current and future res/dents, provide goods and services of regional importance, and retain regional #sca/and economic signiffcanc~ , or z~rovide oz~nortunitJes for the City to meet its Ion~-ranae hou$ifl~ ~oal$. Staff then worked with the applicant for the land use amendment to produce the text below. This was presented to the Planning and Development Board for their recommendaUons at their meeting of October 22, 2002. Their recommendation is tO forward the revised text to the City Commission. PROPOSED TEXT (as recommended bv P & D Board1 Po/icy 1.19.1 The City shall prov/de cunt/hued effort to allow for /ndustdal acreagel however, that land desJ_onated "~ndustr/alx on the currently adouted Future La_od Use MaD may be converted to commerdal or residential de~/_anaffon$ if the conversion (i) would ~,;~,ic,~, cc,? =.-cc,,~,,~cU:~ thc generate a range of employment choices for current and future res/dents, prov/d~ goods and serv/ces o£ reg/ona/ /mporlance~ ~,~ ~nd c~c~c,,'n/~ .:~z~gr:~rc. or would t~rovide ot~ortunitie$ for ~e Citer ~o meet its Iona-ran_~e housin_o ~oal$: and (i1) 1s based unon adeouate data includin~ market analysis, The Future Land Use Element Policy :1.19.2 identifies several conditions that may justify a conversion of land designated "industrial" on the adopted Future Land Use Map to other uses. The conditions.currently listed under this Policy clearly imply that a conversion from industrial to other commercial uses (which are not allowed under an "industrial' designation) may be warranted, while justification of such conversion to a residential use is somewhat problematic. Provision of new housing may qualify under "regional (...) economic significance", but the rationale is tenuous at best. The key issue of the conversion to residential uses is employment generation. The objective of the amendment to the text of the said Policy is to provide an additional condition applicable for review of proposed conversions from an industrial tO residential land use. Such requests have occurred in the past both within the City and within the county, and appear to constitute a regional trend, as well as reflects local policy and priorities. Page 3 File Number: CPTA 02-001 ~Industrial Policy Generally, the'~roposed amendment would make conversions easier to approve. arguments for the amendment revolve around two issues: Thus/ · trends in industrial development and implications for'employment generation, and · population trends. £ndustrial 'employment The comprehensive plan methodology used in 1989 to project the demand for industrial land may have resulted in overestimation of the needed acreage, although the scope of this overestimation cannot be easily measured by the current market indicators such as high vacancy rates (about 11% in the Boynton Beach market as opposed to 3% for the county as a whole). The figures were based on population projections and concurrent projections of industrial employment. As the trends in industrial markets over the past decade demonstrate, the strength of South Florida industrial markets is mainly in warehousing and distribution. The connection between employment (and population) and demand for industrial space !s generally not very clear, but especially not for warehousing property, where inventory flow is much more relevant. On average, employment density is much lower for wholesale, warehousing and distribution, about 8 persons per acre, than for light industrial manufacturing, at 24 persons per acre. The chances of attracting more of the latter industries, clean and non-polluting, are much lower than attracting more warehousing/distribution uses, for which the city has advantageous location. Currently, about 69% of the total industrial built space in the city is in warehousing, storage and distribuUon. The above reasons do contribute to the weakening of the case of an industrial use as an employment generator, bgt since a potential for job creation should always be an important consideration for planning and land use decisions, requests for conversions should be reviewed carefully. Population trends The 2000 Census revealed a larger than projected population for both the City (by some 7%) and the county (6%). Over the 1990-2000 period, both the city and the county grew by an impressive 31%. The Palm Beach County population projections for the 2010 (medium-level) are at 11% for the City and at 22% for the county (the forecasts are based on the availability of residential land and are supplied by the University of Florida's Bureau of Business and Economic Research--BEBR). Moreover, while the 2010 population forecast for the county produced by the Department of Commerce is slightly lower at 17.3%, the county is - based on the projection - one of the six fastest growing metropolitan areas in the US. The in-migration comes from the Miami Dade and Broward counties as well as the traditional out-of state sources. Consistent long-term forecasts of a high population growth are the main reason for continuous investors' interest in vacant residential land. While economic weakness and high vacancy rates for commercial space persist, residential developments are considered, under the circumstances, less risky. They also have a potential to create demand for new or upgraded Page 4 File Number: CPTA 02-001 Industrial Policy .-~ commercial uses. As stipulated in Goal #6 of the Housing Element, the applicants requesting conversion from industrial to residential use should demonstrate that the proposed development indeed contributes to the diversification of housing' in the city in terms of types and costs. RECOMMENDAT]:ON It is the recommendation of staff that Comprehensive Plan Policy 1.:[9.2 be amended by adding the additional criterion, "or would provide oz~oortunitie$ for th~ City to meet/ts Ion_q-ran_qe ~", as well as the requirement that the applicant supply "adequate data inc/udina rnarketana/ysi$"to be considered in any application for conversion of lands designated "]:ndustfial" to another use. I:~SHRDATA~:qa'Inlng\SHARED\WP~SPECPRO.I~COMP PLAN~ZNDUST'R.TAL CFTA 02-O01L.~T'AFF REPORT CPTA,doc VI. Planning and Zoning Hearing Items New Busines~ PUBLIC HEARING New Site Plan 1. PROJECT:CKS Incorporated (NWSP 02-005) DEVELOPMENT .DEPARTMENT MEMORANDUM NO. PZ 02-236 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION October 30, 2002 DESCRIPTION OF PROJECT Project Name/No.: CKS, Inc. / NWSP 02-005 Property Owner: Agent: Location: CKS Incorporated Jeffrey Smith with JMS Design Lot 44 Tradewinds Estates - east of Old Dixie Highway, north of Gulfstream Boulevard and south of Miller Road Land Use: General Commercial (GC) Zoning: Project size: General Commercial (C-4) Site Area: Lot Coverage: Pervious Area: 29,488.28 square feet (0.676 acres) 8,138 square feet (27%) 8,909 square feet (30%) AdJacent Uses: North: South: East: (see Exhibit "A" - Location Map) Undeveloped property classified Commercial and zoned CG (General Commerci~ Palm Beach County); Developed property (Broward PumP & Supply Company) classified GC (General Commercial) and zoned C-4 (General Commercial); Developed property (mobile home park) classified Commercial and zoned GC (General Commercial- Palm Beach County); West: Right-of-way Old Dixie Highway, farther west Flodda East Coast Railroad right-of-way, then Seacrast Scrub Preservation Area. Proposal: Site Characteristics: CKS, Inc. proposes to construct a one-story 8,163 office / warehouse building on a 0.676 acre lot. In the future, the applicant may propose mezzanine areas to each bay. The area of each mezzanine would be subject to parking requirements and corresponding lot improvements (see Exhibit "C" - Conditions of Approval). The subject property was annexed (ANEX 02-001) on April 17, 2002 per Ordinance 02-018. Per Ordinance 02- 019, the Comprehensive Plan was amended on May 21, 2002 to include the property in the Future Land Use Map with a Commercial General (CG) underlying land use designation (LUAR 02-001) and a Commercial General (C-4) zoning district. The subject property is a vacant rectangular-shaped lot located on the east side of Old Dixie Highway.. According to the survey, the highest elevation is 15.7 feet above sea level, located near the southern portion of the lot. The lot also contains three (3) pa' trees, which will be relocated to another portion of the site (see Exhibit "C" - Conditio~ of Approval). The location of the existing "sheilrock drive" will be improved and replace._ with asphalt paving. ~age 2 ;KS - New Site Plan /lemorandurn No. PZ 02-236 :oncurrency: a. Traffic. b. Drainage- iveways: rking Facility: Iscaping: A traffic impact study for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The plan will incorporate the use of a French Drain system. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. The main access point for this project will be a 27-foot wide asphalt drive on Old Dixie Highway. This point of ingress / egress will replace the existing "shellrock ddve" and will extend straight back to the rear of the property. Parking required for the project is based on a ratio, of one (1) parking space per 200 square feet of office area and one (1) space per 800 square .feet of warehouse / mezzanine area. In addition, a note on the site plan indicates that the proposed office area will not exceed 400 square feet or 20% of the building area. Based on this formula, a total of:.?.8 parking spaces are required -for the proposed 8,138. square fo~t building. The site plan tabular data parking meth0~iology includes the potential build, out of 2,000 square feet of mezzanine area. All future mezzanine areas are subject to parking requirements. Of the 21 parking spaces that will be provided, one (1) space is designated for bari.d/cap use. All existing and Proposed parking spaces will be 90 degrees. They will be dimensioned nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. The project'will provide for emergency and service vehicle maneuvering via two (2) spaces located at the eastern end of the site that are to be solely used as and labeled as "turn-around areas". This element of the plan has been endorsed and approved by the City Fire Department. These spaces were not included in the proposed number of parking spaces. ' The landscape buffer adjacent to the Dixie Highway right-of-way will be at least 10 feet in width. The landscape plan Proposes two (2) Live Oak and two (2) Pink Tabebuia trees with a row of Red Tip Cocoplum hedges within this west landscape buffer. Indian Hawthorne and annuals are also Proposed within the west landscape buffer. A row of Red Tip Cocoplum hedges is proposed at the front of the property near Dixie Highway and west of the building. Red Tip Cocoplum hedges will screen the "Grinder Lift Station" as shown on the landscape plan. No landscape buffer is required along the north property line because the building will be setbaCk zero (0) feet from.the property line. Landscape buffers can be omitted in these situations. The south landscape buffer will be at least five (5) feet in width and contain .13 Live Oak trees with a continuous row of Red Tip Cocoplum hedges. The east landscape buffer will contain five (5) Live Oak trees and a row of Red Tip Cocoplu~m. hedges. Page 3 CKS ,- New Site Plan Memorandum No. PZ 02-236 Building / Site: The maximum height allowed for buildings in the C-4 zoning district is 45 feet or 4 stories. The proposed building will be one-story, 23 feet - 6 inches in height at the highest point of the parapet wall. The building will be setback 25 feet from the front property line, zero (0) feet from the no.rth (side) property line, 55 feet from the south (side) property line, and 20 feet from the rear property line. The building will meet all setback requirements of the C-4 zoning district. The building will be comprised of five (5) condominium units. Each unit will be 1,475 square feet in area except for the fifth unit, which will be 2,238 square feet in area. According to the survey, a chain link fence runs along the perimeter of the property. This chain link fence will be removed and replaced with a six (6) foot high white aluminum picket fence. The fence is proposed along Old Dixie Highway only. A rolling security gate will connect the fence at the front entrance. This gate will have a Knox Box to allow for emergency vehicles to access the site after regular work hours. No fences or walls are proposed along the north or south property line. A concrete block wall six (6) feet in height is proposed along the east property line adjacent to the trailer park. The exterior finish of the wall will be painted to match the principle color of the office / warehouse building (see Exhibit "C" - Conditions of Approval). Community Design: The top of a portion of the parapet wall will have a white stucco band. The main wall color will be white (M.A.B. "Birch White" - #5900P) and the accent color will be tan (M.A.B. "Taupe Sand" - #.5136P). The south elevation will have "architectural split f block" on the lower half of the building to enhance the entrances to each condomin unit. The upper half of the building will be divided from the lower half with white stu~,_.~ and a synthetic stucco molding on the exterior of the canopy. For additional accents, the seven (7) overhead bay doors, located on the south elevation will be painted light green (SW ¢~47~2). False parapet walls with circular-shaped symbols are located above each overhead'door in order to soften the appearance of the building and to detract from the commercial nature of the overhead doors. These doors will face south and not Old Dixie Highway. The elevations provide no dimension (height) of the parapet wall located above the overhead doors but they are well below the maximum allowable height of 45 feet in the C-4 zoning district. Signage: A monument sign is proposed near the front entrance to the site. It will be setback 10 feet from the front property line. The monument sign will be six (6) feet in height and 14 feet in length. The portion of the sign where the address is proposed is approximately seven (7) feet in height. The sign face will be 48 square feet in area. No sign colors were submitted with the application. Staff recommends that the sign face be painted the same color to match the building and the letters should be comparable to the light green accent color used on the overhead bay doors or the same as the wall signs on the building. In addition, the sign detail depicts the sign as a directory sign, which would not be permitted in the C-4 zoning district (see Exhibit "C" - Conditions of Approval). The elevations show that six (6) wall signs will be placed on the west and south building facades. Each sign will be 21 square feet in area and have blue lettering. According to the building dimensions, the collective area for all wall signage may not exceed .square feet (see Exhibit "C" - Conditions of Approval). age 4 :KS - New Site Plan lemoran~lum No, PZ 02-236 ECOMMENDATION: taft recommends that this site plan request be approved subject to the comments included in Exhibit "C" - onditions of Approval, The Technical Review Committee (TRC) recommends that the deficiencies identified this exhibit be corrected on the set of plans submitted for building permit. Central File Planning~SHARED\WP~PROJI~CTS\CKS,/nc~IWSP 02-003M~ffreportdoe Location Map CKS Inc. EXHIBIT "A" ~00 LN L 800 1600 24~3 Feet N EXHIBIT "B" EXHIBIT "13" ( EXHIBIT' "13 EXHIBIT "B" ge !i ,i I! lli.ll!l . Ii11: jJ, I.'p'I '1 "' ': '" !' !! .' ,::ti,,l. ~,~.L .l,. ..... ,,, d :, I: ;dllfi !111~ Il' J _il ;lip !Ii I ""!i~'l~:~i li.'"l !II ,11 ill i" . .! I-' · .-..- iii ill I-: Il j] .,' i! I II : · n II ~l· ~:J Ill I J Jl I Il I Jl ~;jlJlli J 'i": / ': "llii u- I': iii -Y ~!Ji'li'l''i ~ I!:I i.~ ir,ii. 'i 'I 'I ': I l r,-~ IHS DESIGN INC. EXHIBI I" .mae EXHIBIT "B" EXHIBIT "i -1 Project name: CKS, Inc. File number: NWSP 02-005 EXHIBIT "C" Conditions of Approval Reference: 3rdreview plans identified as NWSP 02-005 with a October 25, 2002 Planning and Zoning Depaxtment date stamp marMng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Reverse the layout of the dumpster enclosure so that the dumpster is located on the north side of the enclosure to allow for better access by [~arba~e trucks. PUBLIC WORKS - Traffic Comments: None UTILITIES £omments: 2. Fire flow calculations will be required demonstrating the City Code requirement of .1,500 g.p.m, a~ stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE Sec. 26-16(a)). In addition, the LDR, Chapter 6, Article IV, Section 16, requires that all p'ointi 6n each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition by showing all hydrants (existing and/or proposed). It is recommended that a fire hydrant be used at the terminus of the water line (in place of the terminal blow off) to help meet this condition. 3. Water and sewer lines to be owned and operated by the City shall be included within utility easements. The easements shall be dedicated via separate instrument to the City as stated in the CODE Secti°n 26-33(a). Refer to the above previous comment. Please note that water will be required to be within an easement (the ci~ owns and operates all water s~stems up to the meter). ~ mments: 4. Design documents where underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Pr~ention Code, (2000) Section 29-2.3.2. COA 10/31/02 2 DEPARTMENTS INCLUDE REJECT 5. Fire Lanes shall be provided at the start of a project and be maintained throughout construction for access per thc Florida Fire Prevention Code~ Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None ENGINEERING DMSION Comments: 6. The sidewalk shall be placed one (1) foot off the property line per the Land Development Regulations, Chapter 6, Article IV, Section 10.T and the City of Boynton Beach Standard Detail B-91005. 7. At the time of permitting, provide details for swale areas to be constructed on thc site. 8. On the site and civil plans, show and identify all necessary traffic control devices such as stop bars,, stop si~s, double yellow lane separators striping, directional arrows, and "Do Not Enter" signagc, etc. Delineate and stripe the loading areas in accordance With the LDP,, Chapter 2, Section 11.3. Sec City Standard Drawinl~s B-98001 and B-90013 for stripin~ details. BUILDING DM$ION Comments: 9. Provide a survey (current Within the last 6 months) at time ofpem~tting. 10. Add a labeled symbol to thc site plan drawing that represents and delineates the path of travel for the accessible route that is required between thc accessible parking spaces and the accessible entrance doors to each tenant space. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent thc location of thc path of travel, not thc location of thc detectable warning or other pavcrnent markings required to be installed along thc path. Thc location of thc accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on thc plan the width of the accessible route. (Note: Thc miuimum width required by thc code is fon'y-four (44) inches). Add text to thc drawing that would indicate that the symbol represents thc accessible route and thc route is designed in compliance.with Section 4.3 {Accessible Koutc} and 4.6 ~Parking and Passenger Loading 1/02 DEPARTMENTS INCLUDE KE/ECT Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibihty Code for Building Construction. This documentation shall include, but not be limited to, proviai-g fini.qh grade elevations along the path of travel. 11. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, i~dicate that OT~ the ~lans. 12. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan; floor plan and pavlnff drainage (civil plans). 13. Place a note on the elevation view drawings indicating that the wall openings and wall construction comply with the 2001 Edition of the Florida Bull.ding Code. . At time of permit review, submit signed and sealed working drawings of the proposed construction. 15. At time of permit review, submit for review an addressing plan for the project. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 16. The applicant should indicate on the landscape plans that there are existing trees on the site. The plans should indicate if the trees will be preserved in place, relocated, or removed/replaced on the site. Must relocate the three (3) existin{[ Sabal palm trees. PLANNING AND ZONING Comments: .7. The elevations 'shall include the manufacturer's name and color code for all paint and exterior finishes (Chapter 4~ Section 7.D. 1 COA 10/31/02 ~ 4 DEPARTMENTS INCLUDE REJECT 18. All above ground mechanical equipment such as exterior utility boxes, meters, and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the buildin~ color. 19. Contractors warehousing or storage of vehicles, supplies, and equipment must be accompanied by the principal office element of the use. 20. No activities are allowed inconsistent with the intent of the C-4 zoning district including the zoning interpretation allowing contractors within the C-4 zomg district. 21. The space dedicated to office use cannot be enlarged if the mezzanine is built out to its maximum potential (2000 square feet). 22. The Pigeon Plum and Pink Tabebuia trees must be planted at 12 feet overall height. The Indian Hawthorne shrubs must be planted at least 24 inches in hei~at and 24 inches in spread. 23. On the floor plan (sheet "A-2")~ correct the spellin~ of warehouse. 24. The concrete wall proposed along the east property line shall be painted to match the building. 25. An agreement must be executed with the property owner to the north (for access and maintenance related to the subject building's, north fagade) since the proposed building is to be located along the north property line as a zero lot line development. 26. Staff recommends that the monument sign face be painted the same color to match the building. The letters should be the light green color used as an accent on the overhead bay doors or the blue color used for the wall signs on the building. 27. According to the building dimensions, the collective area for all wall signage ma), not exceed 106.5 square feet. 28. Provide height dimensions for site sign (i.e. to top of sign and to top of address portion of sign for purposes of confirming sign area and height). 29. The detail of the monument sign depicts it as a directory sign. Directory signs a~e not permitted in the C-4 zo~in~ district. Revise detail accordingly. ADDITIONAL COlVI~R~TIY REI)EVLOPMENT AGENCY COMMENTS: Cerements: COA 1/02 DEPARTMENTS INCLUDE RBYBCT 30. To be determined. ADDITIONAL CITY COMMISSION COM1HENTS: Comments: 31. To be determined. MWR/¢Ii $:12 hnn/~HAItl/~W~PRO~I/CT~CY, S, hck.N~S P DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CKS, Inc. APPLICANT'S AGENT: Jeffrey Smith with J-MS Design, Inc. APPLICANT'S ADDRESS: 3350 Boca Raton Boulevard, Suite A-2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot 44 Tradewinds Estates - east of Old Dixie. Highway, Gulfstream Boulevard, and south of Miller Road north of DRAWING(S): SEE EXHIBIT "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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Comr~ission 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. The Applicar~t 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 "C" 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:~'Iannlng\SHARED\WP\PROJECTS\CKS, Inc\NWSP 02-005~DO.doc City Clerk VI. Planning and Zoning Hearing Items New Business PUBLIC HEARING Hei_~ht Exception 1. PROJECT:Presidential Drive (HTEX 02-002 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-241 STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION October 21, 2002 Project Name/File No:' Presidential Drive / HTEX 02-002 Property Owner: A & A Corporation, Inc. Applicant/Agent: Richard C. Williams, Williams Construction Services, Inc. Location: 719 Presidential Drive Land Use/Zoning: Low Density Residential/R-1AA (Single-family Residential District) Proposed Use: Single family home Project Size: Site Area: 0.27 acre (11,511 square feet) Building Area: 2,629 square feet Adjacent Uses: (See Exhibit "A"- Location Map) North - Intracoastal Waterway right-of-way; South - Presidential Drive extension of Las Palmas right-of-way, and farther south is a single-family house, zoned R-l- AA; East - Single-family house, and farther east is the Intracoastal Waterway right-of-way; and West - Single-family house zoned R-l-AA. Request: Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4. F., to allow an elevator hoist way on a proposed single-family house to be constructed at 32 feet 6 inches (32'-6") high, a distance of 2 feet 6 inches (2'- 6") above the maximum thirty (30) foot height allowed in the R-l-AA Single family zoning district. BACKGROUND The subject property is currently being developed has a two-story, single-family house. It is located at the end of Las Palmas backing to the Intracoastal Water'way (see Exhibit "A"- Location map). The two-story, 2,629 square-foot house includes a roof/sun deck, which at present, can only be accessible via a circular interior stairwell located at the main entrance of the house. The applicant is proposing an elevator to be located at the northwest corner (rear) of the property (see Exhibit "B" - site .plan) to serve as an alternative access to the roof sun deck. The proposed elevator hoist way measures 32 feet 6 inches (32'- 6") in height and will be enclosed to protect the mechanical ;L.{Cl ~components from natural elements. .~.~. Page 2 Presidential Drive/HTEX '02-002 Memorandum No. PZ 02-241 I'his elevator h-'oi~t Way will exceed the height limit for the R-l-AA zoning district by two feet six inches (2'- 6") (see Exhibit "C" - Elevations). The applicant is requesting this height exception to allow the construction of the proposed elevator hoist way at 32'- 6" high. It should be noted that since the proposed elevator hoist way is to be enclosed, the manufacturer requires two feet of clearance when the passenger cabin stops at the end of its vertical limit. This two-foot space is provided as a refuge space for the safety of the service crewmen for the elevator. ANALYSIS The proposed elevator is construed as being eligible for a height exception pursuant to Chapter 2, Zoning, Section 4.F.2., which reads as follows: Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures, and their necessary mechanical, appurtenances may be erected within a structure or on top of the structure, above the d/strict height limitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. Land Development Regulations, Chapter 2, Zoning, SectiOn 4.F.3, Height Limitations and · Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exceptioj3 has been studied and considered in relation to minimum standards, where applicable. Exhibit "D" lists those standards and ,w the applicant addressed them. According to the application, the overall building height will be 29 feet and 10 inches (29'-10"), which is below the maximum height of thirty (30) feet allowed within the R-l-AA zoning district, in addition, the elevator hoist way will be located in the least visible portion of the subject property, which abuts the Intracoastal Waterway. The east side and. north sidewalls of the elevator will provide no windows, which limits any 'direct view onto the adjacent properties. This proposed elevator represents a secondary point of ingress and egress to the roof/sun deck. Through the conceptual phase of this project, the applicant had purSued several options such as wheelchair lifts, circular stairS, and exterior elevators. These options offered a greater design challenge and expense in regard to their applicability to the subject project (see Exhibit D- Options). This proposed elevator design is consistent with the architectural style of the house. Staff has determined that the requested exception will not impact the area in a negative way because: 1. The subject elevator hoist way would provide the minimum required refuge space for the proper operation of the elevator mechanical support equipment; 2. The application represents the minimal necessary to achieve the design intent of the project; and 3. The elevator hoist way as proposed would have minimal impact on adjacent properties due to it's proposed location on the subject property. RECOMMENDATION Based on the analysis contained herein, and on the applicant's response to the minimum standards r--'Aired by code, staff recommends that this request for a height exception for an elevator hoist- ' , of two feet six inches (2'- 6") be approved. No conditions of approval are recommended; owever, any condition of approval recommended by the Community Redevelopment Agency Board or required by the City Commission will be placed in Exhibit "E". Attachments MDA: MR 8:'Plannlng~HARED,WI~PROJECT,,~.~Pr~identJal Ddve~TEX -002~Helght F. xce,/Ion-,Staff Rel:~'t.doc q ~'~ Location Map EXHIBIT "A" 719 Presidential Drive ~ ~EC R3 REC 4O0 F~t ii II II ~i ! j; EXHIBIT "C" , ii EXHIBIT "C' i1' II ii ,.,"' .,. '-.EXHIBIT "D" WILLIAMS CONSTRUCTION SERVICES, INC. 5530 Duckweed Road Lake Worth, FL 33467 September 10, 2002 Michael W.R-mpfi Director Planning and Zoning Division City of Boynton Beach Re: Height Exception 719 Presidential Drive Elevator Hoist Way ) Proposed Height Exception From 30' to 32"6"~ Dear Mr. Rumpfi Following are the responses to the questionnaire with regard to the above-mentioned request for height eXCeption: ao bo Height exception will not have any adverse effect and, in fact, will have less impact due to a smaller footprint than alternative means, (i.e., circular stairs). Height exc/~'ption is necessary to provide egress and to comply with elevator manufacturer's requirement, (i.e., safety conditions above cabin). See letter from Palm Beach Lif~, Inc. attached. c. Due to the location (rear ofproperty), smaller footprint and relatively small height increase (2.5'), no reduction in air and light will result. do This height exception is addressed under your Exception F. Height Limitation and Exceptions (2) and, therefore, not a deterrent to improvement of adjacent property. Adjacent properties are C.O.d. e. Property values will, in fact, be improved as this elevator will add value to the subject property and, hence, the adjoining properties, as well. f. No adverse living conditions will result f~om the 5'x5'x2.5' addition- g. The public welfare will not be compromised by this exception. This exception is well within the scope allowed by code. ' <"" EXHIBIT "D" Page 2 September 10, 2002 ' C/ty of Boynton Beach Planning and Zoning The above evidence and enclosed letter from Palm Beach Lifts Inc. will justify the need for a height exception. It is understood that the submitted information may be referred to the planning and development board for recommendation. Thank you for your prompt considera~on ofth~s matter. Very truly yours, WILLIAMS CONSTRUCTION SERVICES, INC. Richard C. WilHam.q President 55~J0 Duckweed Road Lake Worth, FL 33467 561 791-8168 Office 561 791-0456 Fax 561 702-4663 Cell October 24, 2002 City of Boynton Beach Fax ~. 742-6257 A'I-rENTION: Max Re: Height Exception 719 Presidential Ddve. Per your request, following are the options we pursued pdor to settling on the existing elevator:. 1. WHEELCHAIR LIFTS - We reviewed this possibility only to ~ind that State law prohibits their use beyond twelve feet. 2. CIRCULAR STAIRS -'Prevented handicap access and protruded n~ly into side yard setback. (Original permit.) 2. EXTERIOR ELEVATORS - Lacked sufficient I~ travel and not available for use in the salt air environment. We believe that the plan we propose overcomes all of the above objections and sones the problem with a minimum of impact. Very truly yours, WILLIAMS CONSTRUCTION SERVICES, INC. Richard C. Williams President Project name: Presidential Drive File number: HTEX 02-002 EXHIBIT "F" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FII~E Comments: None POLICE Comments: None ENGIN-EERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None ~F OtLE S TER/ENVIP. ONMENTA Lrg T _ Comments: None _PLANNING' AND ZONING ,mments: None :' Conditiom of Approval DBPARTMBNTS INCLUDE P_EJECT ADDITIONAL COMMU1TY AND REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None ADDITIONAL CITY COlvI2vlISSION CONDr~ONS Comments: 1. To be detem~ined. S:\Plannlng\SHARED\WP\pROJEcTS\Rlchardson DupleAZNCV~Condltlon of Approval,doc VII. Director's Report: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 'PLI CANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request for Height Exception LOCATION OF PROPERTY: 719 Presidential Drive DRAWING(S): SEE EXHIBIT '% to F" ATTACHED HERETO. Presidential Drive (HTEX 02-002) Richard C. Williams, Williams Construction Services, Inc. 5530 Duckwood Road, Lake Worth, FL 33467 November 19, 2002 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 Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Co.mmission 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. The Applicant ... HAS '" HAS ~O'1' 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 "C" 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 ED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Presidential Drive\Develop. Order Presidential Drive HTEX 02- 002.doc MEMO To: From: Date: Subject: CRA Board Members Doug Hutchinson - CRA Director 11-5-02 Marina Project Update The Marina project continues to move forward. The last item to be completed before building permit issuance is consolidation of survey and determining private, public and common areas on the final plat. This plat with maintenance agreements from the parties evolved will bdng together the final issues which have been complicated by surrounding owners, city issues and developer needs. The project is still on target to begin construction in the fir,~t quarter of 2003. Gateway Signage for Area: The Madna project and the operators of the Banana Boat are interested in developing a prominent entryway sign for the Ocean Avenue entry. They are interested in making sure this matches the Boynton Beach Blvd. entry gateway into the area. The Ocean Avenue entry may be designed with a feature fountain and other landscape elements. They asked that, if needed ROW be available to build the project. The CRA would approve any proposed entry signage. No action required until the design is presented. Boynton Beach Blvd. upgrade for temporary access during construction of the Marina Project: The City is requiring that access to the Madna project site be provided through the proposed Boynton Beach Blvd. extension area. Although the city's lift station is at the same location, fire and rescue are asking that the current service road by maintained and lighted to serve as the marina and construction site access. The current service road will need to have a few holes filled and other minor items, which the city staff will define. This access will need to be provided during the Marina project conStruction and our street extension project. The CRA will be doing the extension and responsible for coordinating construction to keep the access clear. This includes starting now with the opening of the marina slips. The street lights will be put on the current wood FPL power poles and the minor street repairs will be performed by contractors on the marina project to city specs (and reviewed by them for cost control). The costs should be very minimal and as soon as they are in I will inform the CRA Board. Incentive Program Request: The Marina Owner has requested that immediately upon approval of a Direct Incentive Program by the CRA, that they receive an applic~ation. This is one the last issues remaining to close on project funding. Dela~j of the CRA in developing an incentive program will cause the project start projection to be pushed back. They hope that the CRA will have an approved program and be ready to consider requests no later December. (the sooner the better) Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Establishing a Direct Incentive Program November 8, 2002 The CRA has an interest in supporting benchmark projects within the Boynton Beach CRA area. Many other CRAs have programs of one kind or another to recruit sought after anchor projects for their areas. As directed by the Board, the CRA staff, legal council and the City Development Department have drafted the attached program for consideration. Copies of other CRA programs are attached for your comparison. Staff believes that the proposed program for Boynton Beach is sound economically, qualifying cdteria is reasonable and information required of the Applicant is necessary for evaluation. Legal Staff will need to construct the final program agreement upon approval by the Board. MEMO ::~ TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Financial Report SUBJECT: Approval for CRA to pay Additional Expense incurred at FRA Conference November 5, 2002 Dudng the August 13, Board meeting the CRA board of Directors approved a temporary travel policy for the CRA conference of $26.00 per day to be distributed as $3 for breakfast, $6 for lunch, and $t 2 for dinner for meals. Staff is seeking board approval to pay additional costs $175.76 that was incurred by staff at the FRA Conference above the pre -diem rate. MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Financial Report SUBJECT: Approval for CRA to pay Additional Expense incurred at FRA Conference November 5, 2002 During the August 13, Board meeting the CRA board of Directors approved a temporary travel policy for the CRA conference of $26.00 per day to be distributed as $3 for breakfast, $6 for lunch, and $t2 for dinner for meals. Staff is seeking board approval to pay additional costs $175.76 that was incurred by staff at the FRA Conference above the pre -diem rate. October 31,2002 .~venuea Beginning Balance TIF Taxes City Transfer Funds Grant Funding Interest Income Total Revenue Expenditures Personel Cost Salades Payroll Taxes Workers Comp Health Insurance Life Insurance Total Peraonel Coat Professional Services Legal City Staff Contracted Services Legal Maint. & Cleaning I;T. Support Total Profeaalonal Sen/Icea Office r~ent Expense )ne Expense ~,ectric Expanse Office Total Equipment Leases Expenaea Inaurance Property Insurance Bond/Liability insurance Professional Insurance Insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenaea Office Supplies Licenses, Booka, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Llcensea, Books, Publlcatlo~ Advertising & Public Notices Career Development =~' 'ng Office Expenae .~,-ellaneous Expenae Debt Service Principal Payment Community Redevelopment Agency of Boynton Beach 2002/2003 Year To Current 2002/2003 Amended Date Period Budget 10/1/2002 Totals October 02/03 % of Budget Budget Remalnln~l Remalnln~ 5,790,390.77 5,790,390.77 0.00 1,675,380.00 1,675,380.00 0.00 385,000.00 385,000.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 0.00 7,865,770.77 7,865,770.77 0.00 155,000.00 155,000.00 0.00 11,625.00 11,625.00 0.00 8,130.00 8,130.00 0.00 21,000.00 21,000.00 0.00 540.00 540.00 0.00 196,295.00 196,295.00 0.00 21,600.00 21,600.00 0.00 6,000.00 6,000.00 0.00 100,000.00 100,000.00 0.00 7,500.00 7,500.00 0.00 2,700.00 2,700.00 0.00 12,000.00 12,000.00 0.00 149,800.00 149,800.00 0.00 38,880.00 38,880.00 0.00 9',360.00 9,360.00 0.00 2,100.00 2,100.00 0.00 50,340.00 50,340.00 0.00 3,600.00 3,600.00 0.00 1,250.00 1,250.00 0.00 1,000.00 1,000.00 0.00 2,000.00 2,000.00 0.00 4,250.00 4,250.00 0.00 1,500.00 1,500.00 0.00 2,000.00 2,000.00 0.00 1,750.00 1,750.00 0.00 3,600.00 3,600.00 0.00 8,850.00 8,850.00 0.00 1,800.00 1,800.00 0.00 250.00 250.00 0.00 1,500.00 1,500.00 0.00 250.00 250.00 0.00 2,000.00 2,000.00 0.00 4,000.00 4,000.00 0.00 750.00 750.00 0.00 1,250.00 1,250.00 0.00 . 500.00 500.00 0.00 0.00 5,790,390,77 0.00 1,675,380.00 100% 0.00 385,000.00 100% 0.00 0.00 N/A 9,184.40 5,815.60 39% 9,184.40 7,856,586.37 130,640.53 130,640.53 0.00 0.00 155,000.00 100% 0.00 11,625,00 100% 0.00 8,130.00 100% 692.31 20,307.69 97% 0.00 540.00 100% 692.31 195,602.69 100% 2,782.50 18,817.50 87% 0.00 6,000.00 100% 29,756.24 70,243.76 70% 0.00 7,500.00 100% . 138.86 2,561.14 95% 0.00 12,000.00 100% 32,677.60 117,122.40- 78% 1,240.00 37,640.00 97% 862.58 8,497.42 91% 215.42 1,884.58 90% 2,318.00 48,022.00 95% 0.00 3,600.00 100% 0.00 1,250.00 100% 1,521.15 -521.15 -52% 3,904.00 -1,904.00 -95% 5,425.15 -1,175.15 -28% 18.63 1,481.37 99% 1,045.00 955.00 48% 104.75 1,645.25 94% 415.38 3,184.62 88% 1,583.76 7,266.24 82% 202.84 1,597.16 89% 175.00 75.00 30% 1,409.87 90.13 6% 35.00 215.00 86% 1,619.87 380.13 19% 0.00 4,000.00 100% 0.00 750.00 100% 80.34 1,189.66 95% 0.00 500.00 100% 0.00 130,640.53 100% Interest Expense Total Debt Service Operating Expense PROGRAMS Office Equipment/Furniture Office Leasehold Improvements PHntlng Programs Festivals/EventslSeminars Facade Grants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo RlvenNalk Projects MLK Commercial Way-Finding Slgnage TOTALS EXPENSES TOTAL 186,657.7~ 317,298.27. 740,733.27 186,657.74 317,298.27 740,733.27 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 1,100,000.00 950,000.00 250,000.00 25,000.00 --3,395,733.27 1,100,000.00 950,000.00 250,000.00 25,000.00 3,395,733.27 4~470~037.50 0.00 0.00 0.00 186~657.74~ 0.00 317,298.27 0.00 44,579.87 696,153.40 0.00 0.00 0.00 0.00 0.00 0.00 13,440.24 6,559.76 1,070.70 33,929.30 0.00 25,000.00 0.00 50,000.00 0.00 100,000.00 0.00 100,000.00 0.00 866,661.10 233,338.90 0.00 0.00 950,000.00 0.00 0.00 250,000.00 0.00 0.00 25,000.00 0,00 925,751.91 2,469,981.36 0.00- _-916~567.51 5,386~605.0t i00% 100% 94% 33% 97% 100% 100% 100% 100% 21% 100% 100% 100% 73% Memo To: From: Subject: Date: CRA Board Annette Gray CRA BODA Downtown Event November 8, 2002 Staff has met with the Members of BODA and the Chamber of Commeme on several accusations to lend support in the design of the BODA Event now known as "LETS GO TO THE HOP". The fifties themed event is designed to capitalize on, extend and enhance the foot traffic that will be created as a result of the Communities Christmas Parade, the Chamber's Car Show on Sunday and the Holiday Carnival which are held over a period of 3 day~. The event will be a family event scheduled for December 7th following the parade and will conclude at 10:00 pm. The CRA is lending assistance in the areas of event design and logistics including but not limited to: scheduling Budget negotiation for the entertainment, city logistics and promotion. Staff is. proposing a $7500.00 from the Festivals and Events Budget line item to help to underwrite entertainment and promotional expenses. Note that BODA had a feature article done in which the collaboration with the CRA was mentioned. This article is worth many times the cost to the CRA to support the event. The event is designed to support the Dowhtown Business in light of the fact that the Holiday Parade has been moved to Congress Avenue. MEMO To: CRA Board Members From: Doug Hutchinson - CRA Director Date: 11-5-02 Subject: Events Coordination Efforts The CRA, City Special Events Coordinator, Parks & Rec, City Manager and the Chamber have formed a task force and are working together to better coordinate special events in Boynton. This is significant as the CRA area is the downtown which has hosted many events over the years. Recently changes have oCCUrred in the location, size, scope and even cancellation of events. Downtown has been directly impacted. However, through this joint effort existing events will be reinforced and new events created which will have a broader impact and better focus of resources. Ultimately a set of community events and schedules will be developed .to bring together resources such as volunteer/ nonprofit groups, sponsorship funding resources, city services, etc. The strength of these groups will bring about better events with better resources and less staff time from each of the entities. Memorandum~ To: CRA Board From: Douglas Hutchinson Date: 10/11/02 Re: Restructuring of Monthly Meeting In an effort to better manage our monthly meeting length, Staff is asking the Board to consider the following adjustments to the meeting and its agenda, For regularly scheduled CRA meetings which have extensive agendas, I have had discussions with legal council and it has been determined that it is legally feasible to pass a motion to table the agenda items that have not received attention by 9:00pm. Those remaining agenda items will be posted and discussed at a meeting to be held at ~ later date. In conversations with the City Clerks office it has been determined that the third Thursday of each month would be a plausible option for an "automatic" deferral date for several reasons: · The facilities are available. · The recording secretaries would have no conflict. · There are no other reoccurring monthly meetings on this day. This action would be used on an "as needed" basis. Several citizens attending the Board meetings during the past few months have expressed concerns as to the placement of the Public Audience on the agenda. As you know Public Audience now occupies the last position on the agenda. In order to resolve the concerns of those citizens; Staff would like the Board to consider moving Public Audience from it's current position to section IV consent agenda, after the approval of minutes. If the length of the past 2 meetings is taken into consideration, this raposifioning is a fair consideration of the citizen's time. Ment7o To: From: Subject: Date: CRA Board Douglas Hutchinson CRA Workshop November 4, 2002 There are several CRA Projects that requires the boards attention. Due to the nature and size of these projects it will be necessary to set aside additional time in the form of a workshop. Staff is seeking direction as to the date and the format of the workshop. The following is a list of dates to choose from: · Thursday December 5th, · Thursday December 12th · Thursday December 19th · Saturday December 7~ · Saturday December 14th In regards to the format Staff is asking that you consider the following two options: 1. One day workshop during which several projects are discussed. This option would require that the date will be one of the 2 Saturdays listed above. Discuss the projects separately dudng a series of evening workshops, this option would require that several of the Thursdays dates listed above are utilized. Merr~ To: From: Subject: Date: CRA Board Douglas Hutchinson CRA Workshop November 4, 2002 There are several CRA Projects that requires the boards attention. Due to the nature and size of these projects it will be necessary to set aside additional time in the form of a workshop. Staff is seeking direction as to the date and the format of the workshop. The following is a list of dates to choose from: · Thursday December 5~, · Thursday December 12~ · Thursday December 19th Saturday December 7th · Saturday December 14~h regards to the format Staff is asking that you consider the following two In options: One day wOrkshop during which several projects are discussed. This option would require that the date will be one of the 2 Saturdays listed above. Discuss the projects separately during a sedes of evening workshops, this option would require that several of the Thursdays dates listed above are utilized. Boynton Beach CRA Work Shop Date Options (Thursday 5, 12 or 19th Saturday 7th or 14t~) Ae Agenda Design Work Shop for BBB Extension, Promenade & River Walk B. Future Workshops . 1. Heart of Boynton Development Plan Roll Out 2. Ocean District Plan 3. Savage C-reatures of Ancient Seas Museum 4. CRA Board Member Selection Criteria MEMO To: From: Date: Subject: CRA Board Members Doug Hutchinson - CRA Director 11-5-02 Boynton Beach Blvd. CRA Plan Up-Date The CRA is required to up-date our downtown plan on a periodical basis and the next up- date area is the Boynton Beach Blvd. District which runs from the FEC Railroad tracks west to I 95. This is the fourth study area up-date; already completed are - Federal Highway Corridor, Heart of Boynton and Ocean Avenue District. The remaining area is the industrial area west ofi95. Staff would like to recommend that the CRA~IIIok at using one of the three consulting companies who have done work in the CRA previously. .The firms are; Strategic Planning Group - Robert Gray (Heart of Boynton Redevelopment Plan), Michele Mellgren & Associates, lac. - Michele Mellgren ('Federal Highway Corridor Community Redevelopmem Plan), and Duncan Associates, Inc. (Vision 20/20 Redevelopment Master Plan). Staff would propose to have these consultants make a presentation to the Board with thek ideas for a "Piggy Back" contract for the Boynton Beach Blvd. District Plan work. We would have them provide the necessary contracts, documents, and related items to enable "piggy back" contr'act securement (a standard practice). Staff is seeking direction as to the Board's view on these consultants and using their services again. The alternative is to seek RFQs. This process involves writing the RFQ, securing a mailing list of qualified consultants, set up information packets, mass mail packets, set up information briefings, receive qualification packets, evaluate and score, select qualified finalists, set them up to make presentatiom to the Board. Obviously, the consultants with experience with Boynton Beach will require less stafftime to brief them on the area, direction and needs of the CRA. MEMO To: From: Date: Subject: CRA Board Members Doug Hutchinson - CRA Director 11-5-02 CRA Design Guideline Development Consultant Selection Staff would like to recommend that the CRA look at using the firm used by Del Ray Beach CRA, Correa, Valle, Valle. They come highly recommended and the city staff concurred with their abilities. Staff would propose to have this consultant make a presentation to the Board with their ideas for a "Piggy Back" contract for the Boynton CRA work. We would have them provide the necessary contracts, documents, and related items to enable "piggy back" contract securement (a standard practice). Staff is seeking direction as to the Board's view on these consultants and using their services. The alternative is to seek RFQs. This process involves writing the RFQ, secudng a mailing list of qualified .consultants, set up information packets, mass mail packets, set up information briefings, receive qualification packets, evaluate and score, select qualified finalists, set them up to make presentations to the Board. Staff believes that substantial time and cost will be saved by considering this process. The exact numbers will be included in their presentation. After the presentation, if the Board does not select Correa, Valle, Valle, staff can begin the R[:Q process to seek other consultants. If so directed by the Board, staff will .contact the consultant and begin working to move forward with developing an information package for Board review pdor to their presentation. The consultant's presentation could be at a regular meeting or workshop. As we stated previously, several developers are looking for direction as to their designs and this document is essential to the future look of Boynton. VIII. Old Business: MEMO To: From: Date: Subject: CRA Board Members Doug Hutchinson - CRA Director November 5,2002 Old High School Adaptive Re-Use Plan The CRA Staff was charged with developing an Adaptive Re-use plan for the Old Boynton Beach High School. Because of the very shod time frame given and previous work loads, the CRA staff has developed preliminary aspects of the re- use plan. Staffs findings are contained herein and in staff's opinion, present a clear and feasible three fold strategy for the building. First elements that were. explored by staff addressed "rumors" and "alleged" conditions relating to the structure. Engineering studies performed by the city's consultant gave the building a conditional good structural status. There are structural issues, h. owever none of imPacts warrant building removal. "Contaminates" for the most pad are organic; pigeon droppings, fleas, rodents, etc., all of which are easily addressed. We will not recite the structures design features as those are both obvious and redundant to materials in other studies. (A study has been copied for Board background information). The Historical Society's architect Rec made the following observations which have merit and impact. 'The physical condition of the building has issues that need attention. Roof repair or replacement needs to be done. Repair work to areas affected by moisture infiltration will also be required. Afl other areas of damage (structural and non- structural) will require immediate attention to stabilize the building. After stabilization, complete replacement of the buildings mechanical and electrical system, s will need to be done. A structural analysis was done in 1995. Verification of the bui/ding's current condition wi//need to be compared with the earlier report. Further deterioration (if any) wi//then need to be analyzed so structural repairs can be done. An extensive re-inspection of the building wi//be needed to address areas of repair, hazardous/noxious material and waste removal and stabilization to be completed. Once this is done, an inventory of significant historic features and details needs to be completed. REVISIONS The existing air conditioning single window units need to be removed. Ail non- original windows need replacement with historically compatible units. The existing' building's high ceilings and attic spaces can accommodate centralized HVAC units. The existing electrical needs to be rep/aced. Ail the plumbing should also be replaced, as it is steel, mostly original and in poor condition. Extensively revised bathrooms and kitchen will also require plumbing replacement. Ail new mechanical, plumbing and electrical systems should not detract from any of the historic features and details. If they are notable to be hidden, they should harmonize with them in the best possible way under the direction and supervision of an architect exl:lerienced in historical preservation and adaptive re-use." However. clearly a common sense restoration approach needs to prevail in regards to the renovation of the Old High School, which has not been the chosen path previously. Past restoration recommendations run re-use cost feasibilities beyond reasonable expectations. The restoration philosophy should be one of utilization within the facilities capabilities first and "show" second. Mechanical systems should be exposed and identified as new so as to not confuse the building's history. Restraint should be used to not over glamorize the structure, once again use with in the building's capabilities should be the driving purpose to save the building. The physical status of the building is not as formable as rumored and therefore would not play a supporting roll in consideration of demolition. The next issue was to consider if the building was "historic" or "architecturally" significant to the community. Initial opinions from several local sources and entities were that neither were applicable, however the building does easily meet all criteria for placement on the Nation Register of Historic Places and is without question a significant historical site for the community. Its size, former use, position within the community's fabric as a school and its impact on thousands of citizens over the years adds undieable evidence in support beyond merely its age for community significance. Architecturally it clearly represents the style of public schools of this vintage. The building undoughtedly contributes to the architectural hedtage of the community. These aspects are qualifiers for a broad base of grant sources. It should be noted, that the building is not just an old building, but a center piece of the community and as such will score high on grant source reviews. The real consideration to save the old school revolves around potential, feasible adaptive re-use of the building. The project is too large of one entity to undertake it alone. Re-use must be of common sense and sustainable. The re-use has three potential outcomeS. 'One is public uses, one is private uses and a public / pdvate blend of uses. A preliminary design concept for space use has been drafted by staff and Jim Ban'efta, who volunteered his services to draw the project. It should be noted that the space uses were to provoke thought and to visualize the re-use in a new light. Public Uses: Potential public uses are for additional support space for the Children's Museum, Arts Program expansion, Puppet Society, Heritage Society and City Offices. The building may be overseen by one Board or Department who would then manage and coordinate the building usage allowing the city, other non-profits and departments to have or rent space. Space design aspects give the ability to the arts, museum and cultural organizations to have events take place within a redesigned gym featuring a mezzanine and atdum. The space~' offers gallery area and catering from the lower level food services. Interaction of the community with arts and culture will bring more community involvement and exposure. One of the potential tenants-of the high school includes the Children's Museum. The Children's Museum has just completed 11 months of operations in record setting pace. They have had just under 30,000 visitors in the first 11 months. Seven times this summer the museum had to be closed down for short periods of time because of maximum capacities. They were rated as one of the top Children's centers in the three county area. Their quality, innovation and commitment have made the museum a true dream come true for the community. They will continue to grow and will have needs exceeding the current age group served by the museum. They seek accreditation, a truly needed benchmark to sustain growth. But for accreditation the museum must ~ddress issues such as storage, preparation space, office and support services. The current structure can not provide the need space requirements. The Children's Museum as asked about potential space consideration in the high school structure. -'l'hey indicated they have on interest, need and ability to help secure funding through their current patrons, grants and potential new sponsors. If the high school is removed, the space needs still remain and because a new structure has to be carefully designed and placed on the site so as to not impact the historic museum, the project has several obstacles to overcome. Elements within the restoration design could also create additional revenue sources the museum. One example is the concept of a coffee / snack / sandwich shop. A factor which broadens the potential use of the high school by the Museum is that the overseeing Board is charged with culture development in Boynton. This opens the vision of the complex to a broader age group of kids being served and other heritage / cultural activities. These needs are currently unaddressed in the community;~ The Old High School would give opportunity for the success of the Children's Museum to be applied to the benefit of more of Boynton. Another potential occupant of the Old High School is the City's Code Compliance department. The City's code compliance offices currently sit in a double wide in front of the old school. The Department would require 2,000 of space to move the offices into the school. Staff has indicated that space in the building upon restoration would serve their needs. The first floor would be divided to separate professional offices from other uses, but yet not significantly alter the histodc structure. The use also does not impair potential other future uses by other agencies, non-profits, etc. The adjacent parking lot would continue to be used for employees and the public to interact with code compliance. The use of the high school, at least in the interim, is probably the most reasonable solution to this city department's space needs. The arts programs are potential users of the building. The Old High School space will afford the-expansion of existing programs which are over subscribed in the current center. The arts program could be broadened to serve more ages -groups and types of arts taught. The space has potential for public exhibit areas and for rental of artist studio galleries. Note that these uses may only be midterm until new city facilities or new arts center can be built. This will allow other programs and groups to grow and build strength so that they can potentially assume more of the historic space. The restoration project gives expansion room without overwhelming emerging groups or programs. The final reality of the re-use of the old high school is that it is the only feasible answer to space needs in' the short to mid term at an affordable cost for several facilities and departments. If the Old High School is removed the public uses still require space, and the reality of the timing for new city buildings is, at best, a couple of years away. Additionally, placement of any new structures including parking adjacent garages will have an impact on Children's Museum. It can be clearly argued that the existing historic structure is preferred over new site construction. The proposed site plan presents viable parking, public areas, and new city expansion space without losing or endangering historic buildings and sites. Staff believes that the city does not suffer nor lose any future opportunities by keeping the old high School and as a matter of fact, it can be argued that because we would save it, additional funds for new future structure would be easier to attract future underwriting because of the community's commitment to its heritage and culture. Momentum from the success from the Children's Museum has shown the community, beyond its dreams, that heritage and cultural projects can succeed and in deed blossom. Private sector usage concepts include the same space design concepts but use switches to as office rental space. The private development concept would have the advantage of generating a taxable property for the City. A concept is to have the departments dr entities needing space lease it from the private developer. This would include City needs for office space. Non-profit groups many be able to obtain limited space at a reduced or no cost because of tax advantages available the private owner. It would be proposed that the structure be offered at no cost or on a long term lease to the private sector. The private developer could also receive a Federal 20% income tax credit for a historic restoration, thereby further enhancing the economics of the project. Negotiations with private developers for- public/private project might include elements such as parking garage and new office space for rent by the City. The point is that a variety of options are open for a joint venture structure on the old school project. Restoration- costs from several previous groups have not been base on a "how to save the building" scenario, but instead "how to get rid of it" or "how to make it into something that it is not". The reality is that the building must be renovated with use and budget in mind. Interior finishes can always be up graded later, but this was a school, not the Ritz. Practical finishes need to replace several hundred of thousands of dollars in glamour. Opening wails to hide all mechanicals is not only unwise for the budget, but the process changes or alters the historic feeling of the building and its odginal purpose of utility. Other items such as special windows, concrete, extensive general conditions, woods and plastics, site work, etc. given in the .REG study do not reflect a practical renovation process or cost estimate. Further study of the renovation costs need to be performed by a renovation contractor to develop a realistic Cost. The project has very real potential for public funding with a budget in the $2,500,000 to $3,500,000 range. As a veteran of over 60 restoration' projects and owner of self done certified restoration tax act projects, I feel this budget range has medt. There again, selecting uses that match the histodc building is key to a reasonable budget. Funding strategy is 'fo?mt~lated for the three scenarios Public, Private and Public/Private Ownership. The public use being divided among several entities opens multiple funding sources and leverage. The school qualifying as a public historic building scores high for state and federal restoration funding. Typically historic restoration, arts and cultural grants require a matching money requirement of 10% to 30%. Therefore, a little money has a very big leverage. Further more, most Grant Sources state that, matching funds can be other grant sources so that you can cross leverage funds. Significant grant sources are available and ready for the project to be presented. These include but are not limited to the State of Florida, Palm Beach County Arts Council, The National Trust for Historic Preservation, the Meadows Foundation, Kempner Foundation, etc. The funding of Historic Building Restoration for public usage will qualify for many Public Funding sources. The Museum's track record and astounding --- perfo~ance is a strong anchor to build upon for grants. It should not be overlooked that corporate and citizen in-kind work and services could be substantial on the project. Just by taking another look at the project several groups have stepped up to volunteer or pledge contributions and work to restore the building. Private sector funding is based on the concept of free or long term lease on the historic structure. The private developer has the potential to rent parts of the building to agencies and non-profits for tax advantages. Restoration tax incentives are 20% on the cost of the project. The building offers revenues sources from food services and corporate rental office. Two development companies who have track record and underwriting to do the potential project have been identified and there maybe a third entity interested if the project is move forward. The private funding strategies would therefore include solely private restoration and a public/private project and uses. Operational funding for the Public owned project is projected to be a blend of income sources. Those include either rental of the coffee shop / snacks / sandwich area or'the operation by one of the non-profits / agencies. Fees from visitors and program revenues from courses will generate annual funding. Special event rentals and artist studies have clear revenue potential. If City · offices are in the project there may be potential funds available for restoration and/or operations and maintenance. Underwriting of programs and costs are feasible from educational agencies and foundationsl Patron underwriting through membership activities are a mainstay of many cultural facilities. The perception is that there is no money or interest in underwriting the project. This perception seems to be unwarranted. Staff could find no evidence that professional underwriting, grant preparation, solicitation of corporate funding or a concerted, organized fund raising effort has occurred for this project. Further many have been intimidated to not support the concept of saving the building and therefore~ ha~e not taken a stand on this historic landmark, Still more have convinced themselves that it is somehow not a historic or valuable landmark for the community; It is Ironic that when all of America is seeking a sense of community and roots. When a historic structure is lost it is lost forever and can never be replaced. The CRA Director therefore requests that the CRA Board give direction to the City Commission to further develop a re-development concept based on the general directions and findings herein contained and not call for the immediate removal the old Boynton Beach High School. Mem To: From: Subject: Date: CRA Board Douglas Hutchinson Heart.of Boynton Update October 2, 2002 The City Development department is moving forward with a multi-phased project in the Heart of Boynton Area (MLK corridor). As the CRA Heart of Boynton plan calls for, elements of redevelopment include residential, commercial and mixed use. There will be several different agencies, which are being brought together to make the vision a reality. Therefore, I have asked Quintus Greene and Wilfred Hawkins to coordinate the planning process with the CRA and to specifically include the Board in the process. Quintus Green has secured Joe Gray a consultant who will facilitate a discussion with the Board. Mem ) 'to: From: Subject: Date: CRA Board Douglas Hutchinson Heart.of Boynton Update October 2, 2002 The City Development department is moving forward with a multi-phased project in the Heart of Boynton Area (MLK corridor). As the CRA Heart of Boynton plan calls for, elements of redevelopment include residential, commercial and mixed use. There will be several different agencies, which are being brought together to make the vision a reality. Therefore, I have asked Quintus Greene and Wilfred Hawkins to coordinate the planning process with the CRA and to specifically include the Board in the process. Quintus Green has secured Joe Gray a consultant who will facilitate a discussion with the Board. Memo To: From: Subject: Date: CRA Board Douglas Hutchinson CRA Signage Contract November 6, 2002 Please find attached the proposed CRA contract with Pathway for the three phased signage program. Each phase is separate and is at the option of the Board to move ahead. Please review and comment. Staff would like to proceed with the project with any Board changes noted, unless major issues arise. Please note that I think that the cost of $3,000 for graphic design using our beginning art work it very high. We may want to counter offer at $750 to $1,000. Also note that a prototype sign is included. This will be important for presentation to developers, the community, the city, etc., therefore I think it will be money well spent. The last item is that the Phase I Contract includes +/- $8,000 for engineering which is-required for the next phase. The design of this program is paramount to the community. It is what Boynton is going to be known and seen as. These sign designs are not just a "stop" sign here and there or a directional arrow. Issues such as event banners for promotion, non-profit organization signage opportunities at the gateways, distinguishing unique neighborhoods, and so on are elements to be considered. If we do not address them, other groups do not have the opportunity to fix or replace our work. Because of their public purpose, the CRA would not want to roll out this program without community comment. The contract includes meetings with the community to invite their input. This is community buy-in and to build their support for the CRA efforts. important for The identify of Boynt~n does not have to happen all at once and in fact most of our tourism attractions are not developed yet. I hope we can take our time a layout a comprehensive, quality program that can address and become the community's identity. AGREEMENT BETWEEN CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND GUIDANCE PATHWAY SYSTEMS INC. FOR PROFESSIONAL SERVICES PROJECT: Create, Design, Plan, Engineer, Manufacture and Install a Comprehensive Sign System for the City of Boynton Beach Community Redevelopment Agency: AGREEMENT THIS AGREEMENT made and entered into this . day of , by and between Guidance Pathway Systems, Inc., hereinafter referred to as "CONSULTANT" and the City of Boynton Beach Community Redevelopment Agency of Florida hereinafter referred to as "CBB CRA", for and in consideration of the following terms, conditions and covenants. 1. PURPOSE OF AGREEMENT CBB CRA intends to enter into an agreement with CONSULTANT to provide Professional and Manufacturing Services and the payment ~or those services by-CBB CRA as set forth below. This agreement shall consist solely and entirely of the Agreement that supersedes any previous Agreement or understanding. This agreement includes all agreed upon terms and conditions. 2. SCOPE OF SERVICES CBB CRA intends to enter into a phased agreement with CONSULTANT for provision of professional services a's foll~3ws: A Comprehensive Sign System for the City of Boynton Beach Community Redevelopment Agency: Phase I Phase II Phase III Create, Design, Plan, Engineer Manufacture Install The CONSULTANT agrees it will perform those professional services for the fees and costs stipulated below. The detailed scope of services is identified in Exhibit A, herein. The fees and costs for the scope of services performed and products to be provided in the phases as identified are described in detail in Exhibit B, herein. 3. AGREEMENT PROVISIONS Time of Performance Services under this Agreement shall begin within ten (10) days upon CONSULTANT'S receipt of a written Notice to Proceed. CONSULTANT agrees AGREEMENT PAGE ! 3.2 3.2.1 3.2.2 3.2.3 3.3 3~3.1 to:~--complete this agreement per a mutually agreed deployment schedule, subject to the. provision of this Agreement. During this pedod, CONSULTANT agrees to provide services as required by CBB CRA within the scope of the Agreement. CONSULTANT further agrees to submit written reports as required by CBB CRA relating to the activities performed by the CONSULTANT hereunder. In the event the services are not completed within the contemplated time frame through no fault (by third parties) of the CONSULTANT, the term of this Agreement may be extended by mutual agreement of the CONSULTANT and the CBB CRA. Compensation and Method of Payment Fee and Compensation Schedule The CBB CRA shall compensate the CONSULTANT for performing these services and providing products as identified in "Exhibit B Schedule of Fees and Costs"- Create, Design, Plan, Engineer, Manufacture and Install for The City of Boynton Beach Community RedeveloPment Agency, Florida. Invoices CONSULTANT shall submit invoices to the CBB CRA'no later than the 30th day of the month for work accomplished and identified in Exhibit B under this Agreement. Reimbursable Expenses CONSULTANT shall be reimbursed for out of pocket expenses directly chargeable to. the project, at actual cost incurred. Reimbursable expenses will include travel,' lodging and meals only when traveling at the CBB CRA'S request and on their behalf with prior approval. These expenses shall conform to rates and allowances set forth in, Florida Statutes regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. The total cost of the reimbursable expenses to be paid by the CBB CRA pursuant to this section shall not exceed $3500.00. Additional Services Requests for Additional Services The undertaking by the CONSULTANT to perform professional services defined within this Agreement is only for those services specifically described herein. Upon the request of the CBB CRA, the CONSULTANT may agree to perform additional services hereunder; the CBB CRA shall pay the CONSULTANT for the performance of such additional services an amount (in addition to all other AGREEMENT PAGE 2 amo~Lnt.s payable under this Agreement) based on both an hourly fee in accordan~ with CONSULTANT'S current professional fee schedule, and additional fee or product price schedules as provided by the CONSULTANT, plus reimbursable expenses so incurred by the CONSULTANT; unless a lump sum addendum to Agreement is executed by the parties to this Agreement which addresses the additional services. No additional services shall be provided unless specifically approved in advance and in writing by the CBB CRA. 3.3.2 Changes in Scope/Conditions Additional Services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the CONSULTANT. It may include a change in the scope of concept of the project initiated by the CBB CRA, or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. 3.3.3 Use of Work, Documents and Names. 3.3.4 Ownership of Original Documents All original documents, including, but not limited to drawings, sketches, specifications, instructions, maps, as built drawings, reports, test reports, etc. that result from the CONSULTANT'S services pursuant to this Agreement remain the sole property of the CBB CRA and are not intended or represented to be suitable for re-use by the CBB CRA or others. 3.3.5 3.3.6 Use of Reprodugib.le Copies If requested, the CBB CRA shall be provided with a set of AUTO CAD compatible digital and/or reproducible copies of any maps and/or drawings prepared by the CONSULTANT. In consideration the CBB CRA agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of the CONSULTANT. Any re-use without written verification of adaptation by the CONSULTANT mandates that the CBB CRA indemnify and hold the CONSULTANT harmless from all claims, damages, losses and expenses, including but not limited to attorney's fees, adsing out of or resulting therefrom. Photographs Photographs of any completed project embodying the services of the CONSULTANT provided hereunder may be made by the CONSULTANT and shall be considered as its property, and may be used by it for publication. AGREEMENT PAGE 3 3.3.7 3.4 3.4/! 3.5 3.5.1 3.6.2 Use of CONSULTANT'S Work A. Reports, recommendations, specifications, drawings, technical data, sketches and any information prepared or furnished to the CBB CRA by the CONSULTANT are the property of, and for exclusive use by the CBB CRA as deemed appropriate. B. Without prior written approval of CBB CRA, CONSULTANT shall not use specific written project data for any other purpose than the performance of work contemplated by the Agreement. Termination Termination For Cause. CBB CRA may terminate this agreement for cause, giving thirty- (30) day's prior written notice in the event of default by the CONSULTANT. In such event, CBB CRA shall be liable for the dollar amount due for all CONSULTANTS services performed prior to the date stated in the notice upon which such cancellation becomes effective. For Convenience. Either party may at any time terminate the agreement in whole or in part for its convenience upon thirty (30) days written notice in which event CONSULTANT shall be entitled to recover its fees for all its services performed prior to the date stated in the notice upon which such cancellation becomes effective, together with its reasonable extra costs incurred by reason of the cancellation. No amount shall be allowed for anticipated profit on unperformed services. Obligations of the CBB CRA Data to be furnished The CBB CRA shall provide CONSULTANT with all data, studies, surveys, plans and all other pertinent information concerning the Project in the possession of the CBB CRA upon request. Designated Representative The CBB CRA and the CONSULTANT shall each designate a representative for this project. That person for the CBB CRA is Mr. Douglas Hutchinson, CBB CRA Executive Director and for the CONSULTANT Mr. Richard Golber, President. AGREEMENT PAGE 4 3.6 3.6.1 Parties Bound by Agreement Parties to the Agreement The parties bound by this Agreement are the CONSULTANT and the CBB CRA 3.6.2 Assignment of Interest in Agreement This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the pdor wdtten consent of the other party. CONSULTANT agrees to perform all the consulting, evaluations, reports, and other services furnished by CONSULTANT as specified in the Agreement as an independent CONSULTANT and not as a Sub-CONSULTANT, agent, or employee of CBB CRA. No such approval shall relieve CONSULTANT from any of its obligations or liabilities under the Agreement. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent CONSULTANTS, associates and sub- CONSULTANTS, as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. 3.6.3 Rights and Benefits Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and the CBB CRA. 3.7 Professional Standards Standard of P&rformance CONSULTANT shall perform all work in a good, professional, and competent manner in conformity with all applicable professional standards based on the requirements of the Agreement. 3.7.1 Other Agreements CONSULTANT is entering into this Agreement with the understanding that the CBB CRA has no .other agreements, either written or oral, for professional services relating to this specific project which include any of those services within the Scope of Services defined herein. 3.7.2 Approvals Not Guaranteed All work performed by CONSULTANT will be in accordance with the highest professional standards and in accordance with all applicable governmental regulations. However, CONSULTANT does not warrant or represent that any AGREEMENT PAGE 5 g~vernmental approval will be obtained, only that the CONSULTANT will exercise its best efforts to obtain all such approvals contemplated under this Agreement. 3.7.3 Govemmental Regulations Affecting Land Use Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by the CBB CRA, is in accordance with all applicable governmental regulations. 3.7.4 Opinions of Cost Does not apply. 3.8 Insurance and Hold Harmless Provisions. 3.8.1 Insurance Requirements. CONSULTANT shall procure and maintain insurance, in the amounts set forth below, for protection from claims under wo~er's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. The CBB CRA shall be included as an additional insured, and will be provided thirty (30) days written notice of cancellation, non-renewal or substantial coverage revision. COVERAGE~ Workers' Compensation Florida Statutory Coverage and Employer's Liability (including appropriate Federal Acts) Comprehensive General Liability Products B Completed Operations Business Auto Liability All autos owned, hired,' or used Professional Liability Excess or Umbrella Liability SCHEDULE MINIMUMS $100,000 B each accident $100,000 B each employee $500~000 B policy limit for disease $1,000,000 B bodily injury each occurrence $1,000,000 B bodily injury aggregate $1,000,000 B property damage each occurrence $1,000~000 B property damage aggregate $1,ooo,ooo B aggregate Same as Comprehensive General Liability Same as Comprehensive General Liability Optional An insurer holding a current certificate of authority pursuant to Flodda Statutes shall write insurance. Prior to commencing any work on the agreement or agreement, certificates of insurance, approved by the CBB CRA, evidencing the maintenance of said insurance should be furnished to the project manager. The certificates shall provide that no material alteration or cancellation, including AGREEMENT ' PAGE 6 expir._ation and non-renewal, shall be effective until thirty (30) days after receipt of written notice by the CBB CRA. All coverage shall name the CBB CRA as an additional insured. Receipt of certificates or other documents of insurance or policies or copies of policies by the CBB CRA, or by any of. its representatives, which indicate less coverage than required will not constitute a waiver of the CONSULTANT'S obligation to fulfill the insurance requirements herein. 3.8.2 Certificate of Insurance. Certificates of all insurance required from the CONSULTANT shall be attached to this agreement as "Exhibit C" and shall be subject to the CBB CRA'S approval for adequacy. 3.8.3 Hold Harmless Provisions. The CBB CRA shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom adsing out of performance of the agreement or agreements, unless such claims are a result of the CBB CRA'S owr~ negligence. The CBB CRA shall be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional malpractice, or errors or omissions liability arising out of performance of the agreement or agreement, unless such claims are a result of the CBB CRA's own negligence. 3.8.4 Limitations of Li~bili~ 3.10 CBB CRA shall not be liable in agreement or in tort (including negligence) to CONSULTANT, SUB-CONSULTANT or suppliers of CONSULTANT, regardless of tier, for incidental or consequential damages adsing out of or resulting from CBB CRA's performance or nonperformance of its obligations under this Agreement, or from CBB CRA's termination or suspension of the services under this agreement. Modification 3.11 All changes, requests for performance of extra work, or amendments to the Agreement must be authorized in writing and signed by the parties hereto. Patent and Copyright Indemnity No infringement. CONSULTANT represents and warrants that, as to project work, the systems used, and any documentation provided by the CONSULTANT AGREEMENT PAGE ? 3.12 3.13 hereto, neither the sale thereof to the CBB CRA nor the use thereof by the CBB CRA will violate any U.S. copyright, U.S. patent, trade secret or trademarks of any person. CONSULTANT shall hold the CBB CRA harmless from all judgements and expenses, including expenses of the CBB CRA for any legal defense and attorney's fees of any lawsuit or claim against the CBB CRA, concerning any alleged patent or copyright infringement in CONSULTANT'S work. Records and Audit. CONSULTANT shall keep accurate records and books of account showing all charges, disbursements or expenses made or incurred by CONSULTANT in the performance of the work herein. CBB CRA shall have the right, upon reasonable notice; to audit up to three years after payment of its final invoice, the direct costs, expenses and disbursements made or incurred in connection with the work performed. Conflict of Interest. This agreement is intended to secure CONSUI,.TANT'S assistance and cooperation and shall operate to preclude CONSULTANT from performing work for others during the term of this Agreement which would result in a conflict of interest with the agreementual relationship represented by this Agreement. In the event that CONSULTANT undertakes such work, CONSULTANT shall promptly so notify the CBB CRA, and the CBB CRA may, at its option, immediately terminate this Agreement. 3.14 3.15 Force Majeure. Neither party shall be responsible for delays or failures in performance of work resulting from acts beyond the reasonable control of such party. Such acts shall include but not be limited to acts of Nature, strikes, lockouts, riots, acts of war, governmental regulations superimposed after the fact, earthquakes and other catastrophes. Compliance with Laws. CONSULTANT agrees that it will comply with all applicable federal, state, and local laws, regulations, and codes in the performance of this agreement. CONSULTANT further agrees to indemnify CBB CRA for any loss or damage that may be sustained by reason of CONSULTANT'S failure to comply with such federal, state, and local laws, regulations, and codes in the performance of this agreement. AGREEMENT PAGE 8 3.16 Permits, ~icenses and Compliance with Law In connection with scope of work to be performed as identified in Agreement, CBB CRA shall notify, and CONSULTANT shall at his expense, procure all necessary Permits and Licenses for business operations by the firm. 3.17 Applicable State Law and Venue This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida and any lawsuits concerning this Agreement shall be brought in Palm Beach County, Florida. 3.18 Exhibits The following exhibits are attached to and made a part of this Agreement: 3.18.1 Exhibit A. Detailed Description of Scope of Services. 3.18.2 Exhibit B. Schedule of Fees, Costs and Reference Items for Scope of Services (attachment of unit costs/quantities, "family of signs"). 3.18.3 Exhibit C. Insurance and Indemnification Certificates. AGREEMENT PAGE 9 IN WITNESS WHEREOF, the CBB CRA and the CONSULTANT have executed this Agreement the day and year indicated below. CBB CRA CBB CRA Chairman of the Board CBB CRA Executive Director WITNESSES: CONSULTANT (Signature) (Signature) (Signature) (Pdnted Name & Title AGREEMENT PAGE 10 EXHIBIT "A" SCOPE OF SERVICES SERVICES FOR THE PLANNING, DESIGN AND ENGINEERING AND MANUFACTURING OF A COMPREHENSIVE SIGN SYSTEM FOR SERVICES TO BE PERFORMED I. GENERAL The CONSULTANT shall: In three phases, create, plan, design, engineer and manufacture a system of signage to reflect the character and identity of the area and the desired future identity of the area identified by the CBB CRA. The CONSULTANT shall familiarize itself with the identified area and its environment and shall proceed to create a signage system to be placed and located within the perimeter of the area, establishing a routing system and to. identify destinations and parking in and around the area. !1. SERVICES TO BE PERFORMED Phase I. Create, Design, Engineer Sign System Master Sign Plan Within one hundred fifty (150) days of execution of the Agreement CONSULTANT will c, ort3plete Phase I of the project as identified below: A custom designed and complete "family of signs" to reflect the character and identity of the CBB CRA including the existing CBB CRA logo design. A master site plan for proximity locations of the signs with sign types, legends and messages in and around designated "Downtown" and other portions of the CBB CRA. This includes both pedestrian wayfinding and general parking management for the designated area. An ability for the site' plan and the sign designs to be linked to the overall future wayfinding system for the City. Drawings and general specifications of the signs based on CBB CRA approval complying with both FDOT and County regulations for signing in "the dght of way". AGREEMENT PAGE l! Please II. Sign System Manufacturing Upon successful completion, satisfaction and approval by the CBB CRA of PhaSe i as provided in .the Agreement, the CONSULTANT will proceed and, within one hundred and fifty (150) days after apProval, complete Phase II - Manufacture of the Sign System of the project as identified below. 1. Manufacture the sign system as identified and approved by the CBB CRA. 2. Deliver to an identified staging area, the sign system. 3. Provide A~ter Sales Management and Maintenance and a Spare Parts Program Phase Iii. Installation and After Sales Management With the delivery of the product to the CBB CRA; after completion, satisfaction, and approval CONSULTANT will proceed to provide the following services as identified below. . 1. Install the sign system including Installation, Permitting, and Site Installation Management. AGREEMENT PAGE 12 !11. SPECIFIC TASKS PHASE I -- Create, Plan, Design, and Engineer Sign System 1. Data Gathering a. CONSULTANT will assemble all reports, maps, plans, surveys, and other documents including new planned projects for specific areas as provided by the CBB CRA. b. The CBB CRA will provide information as to future street construction 'and amenities projects that will affect street signage. c. CONSULTANT will, if necessary, become familiar with recent environmental issues, land use and zoning issues in project area. 2. Site Survey a. CONSULTANT will become familiar with the" Downtown" distdct and the primary identified site plan area in general. b. CONSULTANT will utilize photographs and maps to illustrate findings. c. CONSULTANT will visit Project Area d. CONSULTANT will establish circulation routes and travel corridors. e. CONSL1L'I:AI~IT will identify and record new sign locations. f. CONSULTANT will prepare a proximity location site plan map. g. CONSULTANT will prepare summary of key findings. 3. Guidance Pathways Sign System Conceptual Site Plan a. CONSULTANT will use signs in the designed "family of signs' that will identify signage in the project area. b. CONSULTANT will create signs and information routes which route vehicles to, within, and through designated areas. c. CONSULTANT will create signs and information that identify important areas and provide information regarding parking access. AGREEMENT PAGE Z3 do CONSULTANT will incorporate existing information concerning the above into its recommendations to improve, add on to, and consolidate existing signage information in close proximity to new sign locations. 4. "Family of Signs" Design Specifications CONSULTANT will create and provide legend designs for the sign units, which incorporate the use of selected logo(s), to be used by CBB CRA. CONSULTANT will present preliminarY layouts for sign legends of each sign type for the CBB CRA. bo CONSULTANT will propose palette colors, type font, and type size and spacing and additional graphic designs to be incorporated into overall graphic design (including "Identity Logo Design"). c. CONSULTANT will provide preliminary estimates of the cost of manufacturing and installing each sign type. All layouts and cost estimates will be approved by the CBB CRA and will be revised as required. CONSULTANT will work with the CBB CRA to assure sign specification compliance with City, County and State and other agency regulations. 5. Sign Structures and Supports CONSU. LTANT shall design sign structure and supports as required for each type of sign. Sign structure and installation fixtures shall be in compliance with FDOT and County and Local/City regulations. CONSULTANT shall provide typical installation details for each sign type, including information for wind lOading to include weight, size, soil conditions, and any identified information for structural calculations. CONSULTANT will recommend the structure design of the sign system and the appropriate materials to use in consideration of overall project budget. Maintenance requirements, spare parts, and manufacturing of special parts for the sign system will be taken into consideration with the sign system design. CONSULTANT shall provide structural and engineering services to secure a state of Florida certified Professional Engineer (PE) stamp of approval for the sign system. AGREEMENT PAGE 14 6;' ~=inal Design Development With preliminary design approval, CONSULTANT will prepare final layouts and design/general specification details for all signs in the CBB CPA'S "Family of Signs". CONSULTANT will include proximity location of signs (master), mapping, text, legend and graphics. CONSULTANT will assist CBB CPA in creating an appropriate "phased" program of implementation for the sign system to be executed over a period of budget cycles. c. CONSULTANT will present final designs for approval and will make (up to three) revisions as required by the CBB CPA. CONSULTANT will provide general design specifications and an estimated manufacturing and installation cost estimate for the CBB CRA. CONSULTANT will provide CBB CPA with a completed "prototype" sign from the final approved "Family of Signs" design. This prototype will be a complete two (2) panel Directional/Informational sign unit. 7. Public Meetings CONSULTANT will attend and particiPat® in four (4) public meetings to develop and present the Master Plan for the Comprehensive Sign System for the CBB CRA. ' AGREEMENT PAGE 15 Phase !1. Sign System Manufacturing and Delivery Upon successful completion, satisfaction and approval by the CBB CRA of Phase ! as provided in the Agreement, the CONSULTANT shall proceed and, within one hundred and fifty (150) days after approval, complete Phase II as outlined below. 1. Manufacture the sign-system as identified and approved by the CBB CRA. Deliver the sign system to an identified staging area. Provide the CBB CRA an Information Manual CONSULTANT will provide to the CBB CRA a detailed manual to include site survey maps, proximity sign locations, sign. designs and general specifications, and detailed installation and warranty information. Provide engineering services to obtain the ne.cessary state, county, and local permits for the installation process and coordinate the utility check for the locations within the CBB CRA. With CBB CRA Approval help contract for After Sales Management/ Maintenance and set up a Spare Parts Program for the CBB CRA. Phase III. Sigri Installation and After Sales Management With the delivery of the product to the CBB CRA; after completion, satisfaction, and approval CONSULTANT will proceed to provide the following services as identified below. 1. With CBB CRA approval execute the installation process including Installation, Permitting, and Site Installation Management. The identification of these above tasks shall not in any way limit the scope of services necessary to meet the specific obligations of this Agreement, but is intended to illustrate certain tasks to be followed by the CONSULTANT. AGREEMENT PAGE 16 ADDITIONAL SERVICES: The CONSULTANT may assist or provide with the CBB CPA'S written approval the following additional services and/or any additional service request asked of the CONSULTANT. Sign reduction and consolidation of existing signs. Original logo design and major logo alterations. Brand Platform Identity/Sub-Branding AGREEMENT PAGE 17 EXHIBIT B SCHEDULE OF FEES AND COSTS AND REFERENCE ITEMS SERVICES FOR THE PLANNING, DESIGN AND ENGINEERING AND MANUFACTURING OF A COMPREHENSIVE SIGN SYSTEM FOR (Intentionally left blank, see next page) AGREEMENT PAGE 18 General Compensation and Payment CONSULTANT shall be compensated for tasks of the project in those phases identified in Exhibit A as completed by the CONSULTANT. The general payment terms to the CONSULTANT for project services or products are as follows: SERVICE OR PRODUCT General Payment Terms for Services Purchase order authorizing the manufacture of signs designed and approved by the CBB CRA. Completion and shipment of the purchase order for the signs. PAYMENT Net Fourteen (14) Days Thirty (30%) of the total amount of the purchase order shall be paid prior to CONSULTANT starting the fabrication of the signs ordered. The. balance due on a purchase order for the fabricated signs is payable within fourteen (14) days of receipt of an invoice, subject to satisfactory inspection of the signs received by the CBB CRA, Payment is delinquent after fourteen (14) days following receipt and approval of invoice by CBB CRA. If any part' of the invoice is disputed, payment will be withheld only on the disputed portion of such invoice. AGREEMENT PAGE ;t9 City of Boynton Beach Redevelopment Agency (CBB CRA) Schedule of Phase One Deliverables and Additional Services 1. Sign Plan - CBB CRA geographic area Data Gathering and Review Site Visits*/Site Survey Conceptual Plan Layout Formalized Site Plan Report $2,000 $3,000 $3,ooo $1,ooo Total $9,000 *includes pedestrian wayfinding and parking management = Design of a full "Family of Signs" with specifications Graphic Design- Existing Logo (2 Revisions) Graphic Design- Legends (2 Revisions) Structural Design (1 revision) Structural PE Stamp Specifications for approved design Sign Prototype (as identified) $3,000 $2,000 $3,0oo $8,ooo* $2,0oo $2,750* Total $20,750 * Average from historiCal cost of other Projects. Estimate not to exceed. Billed at rates defined in "Schedule of Costs and Service Fees". **Cost varies depending on final design and style selected, Estimate not to exceed. 3. Meetings and Presentations (4) $ 3,000 Total Price for Plan and Design And Meetings Phase One: $32,750.00 Prices are based on the following general assumptions: · The use of existing logo with revisions as identified. · Use of an existing, "pre-engineered" modular sign system that allows customization without creating a totally new custom sign system. · "Co-production" in determining and documenting the municipal sign plan eqd use of GIS / CRA staff member/facility to create mapping. AGREEMENT PAGE 20 · The CB.B_ .C_.RA Board is proactive in determining type and location of signs. ADDITIONAL CHARGES: · Additional site visits: · Additional revisions · Structural revisions · Mockups · Additional Prototypes $750 $750 $1ooo $375 - $1,200 $2,000 - $5,000 ADDITIONAL SERVICES: · Sign reduction and consolidation of existing signs. · Original logo design and major logo alterations. · Brand Platform Identity/Sub-Branding S3-Y- AGREEMENT PAGE 2! Phase two pricing: (See Scope of Services) MANUFACTURE OF FAMILY OF SIGNS AND COSTS The following is a listing of the "Family .of Signs" for the City of Boynton Beach Community Redevelopment Agency with costs attributed to quantity purchases for unit items. Sign Type Unit Cost Unit Cost Unit Cost Unit Cost 1 thru 5 6 thru 10 10 thru 25 26 + Gateway Sign Unit Large Directional Unit Med. Directional Unit Small Directional Unit Extra Small Directional Unit Kiosk Locator Sign Unit Street Sign Unit Street Sign with Attached Stop Small Kiosk Visitor Attraction CBB CRA Limits Regulatory Sign Unit Pedestrian Sign Unit CHART LEFT BLANK AGREEMENT PAGE 22 4 Sided Pedestrian Sign Unit Sign units/costs 1. Sign costs include the following: a) in-ground installation sleeve b) Base cap for pole powder coated in custom color. c) FDOT approved powder coated frangible aluminum pole. d) FDOT approved sign structure powder coated in custom color. e) Fi.nial for pole powder coated in custom color. 'f) Aluminum sign substrate/extrusions FDOT approved. g) Selected quality FDOT approved refiective film with compatible ink system. h) Oveday film for graffiti and UV resistance. i) All pdnting for sign legends specified one/two sides, two sides for all street signs. j) Attachment hardware/ and or bracketing (including Interlok2 hardware for street signs). 2. Sign units/costs do not include the following: a) Handling and 'Freight charges from Springfield, Massachusetts to designated staging area. b) Sign permitting fees and applications. c) Sign Installation charges. d) FDO. T approved sign breakaway system where specified. e) Techni'cal structural/site diagrams for sign permitting. Manual PHcing based on customer's requirements Phase Three Pricing: Installation and Management of installation (See Scope of Services) As per sign quantity and location. AGREEMENT PAGE 23 ADDITIONAL SERVICES: Travel and Per Diem and Misc. Expenses Schedule of costs and fees for services The following is a listing of those costs and fees for services related to the planning, design, engineering, and other requests for technical help and/or information that may be required. These charges apply for any expenses incurred in addition to those as identified. Miscellaneous charges for copies, presentation books, and other materials will be company's cost. Professional Service Charges a) Professional Engineer b) Design Engineer c) Senior Planner d) Project Manager e) Graphic Designer f) Field Assistant $150.00 per hour $135.00 per hour $135.00 per hour $125.00 per hour $ 85.00 per hour ~ 65.00 per hour Secretarial and Administrative Service Charges a) Secretarial b) Administrative c) Clerical $ 25.00 per hour $ 25.00 per hour $ 25.00 per hour Travel and Per Diem Expenses All expenses incurred are presented in an expense report format. All billing expense for travel time is twenty-five (25%) percent of the usual hourly rate. AGREEMENT PAGE 24 M em~-o To: From: SubJect: Date: CRA Board Douglas Hutchinson Fa(;ade Grant Adjustment November 4, 2002 Per Board Member Jose Aguila, Staff requests consideration of the following amendment to the Fa(;ade Grant Program. It has been suggested that the Program allows for Phasing and Other Related Issues. Due to the increase of the Funding amount to $15,000.00 it has become a concern that applicants will find it difficult to meet the matching requirements. Phasing would allow the applicants to after approval by the board submit reimbursements in stages. EXHIBIT C TO AGREEMENT BETWEEN CBB CRA AND CONSULTANT FOR PROFESSIONAL SERVICES, INSURANCE AND INDEMNIFICATION CERTIFICATES S¼ . AGREEMENT PAGE 25 Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Establishing a Direct Incentive Program October 2, 2002 The CRA has an interest in supporting benchmark projects within the Boynton Beach CRA area. Many other CRAs have programs of one kind or another to recruit sought after anchor projects for their areas. As directed by the Board, the CRA staff, legal council and the City Development Department have drafted the attached program for consideration. Copies of other CRA programs are attached for your comparison. Staff believes that the proposed program for Boynton Beach is sound economically, qualifying criteda is reasonable and information required of the Applicant is necessary for evaluation. Legal Staff will need to construct the final program agreement upon approval by the Board. - MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Consideration for Property & Liability, Windstorm, Worker's Compensation, and Employee Bonding. October 31,2002 As of October 1, 2002 the CRA acquired independent statues as an agency. As an independent agency and it is in the best interest of the CRA to carry property insurance for the contents and equipment in the CRA offices in-case of natural or man-made disaster. We also must carry liability insurance for coverage of injury on the property. We must also carry windstorm insurance for natural disaster as a separate policy for the State of Flodda. All Employers including the CRA must carry .Workers' Compensation in order to have employees. The Bonding insurance will cover the CRA for malicious or accidental wrong doing by an employee or any designated representative. The implementation of these policies eliminates the responsibility of the Independent coverage of CRA employees. The CRA should receive refunds of approximately 70% of the odginal purchase price. With out the 'policies in place the CRA in not covered as an agency and may not have employees. .' Attached for the Board's review is a spreadsheet of pricing for insurance needs' for CRA insurance as an independent agency. Staff recommends Hannifan and Associates for our insurance need. They have Rated A companies, lowest cost, and we believe will provide the best service. MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Consideration for Property & Liability, Windstorm, Worker's Compensation, · and Employee Bonding. October 31, 2002 As of October 1, 2002 the CRA acquired independent statues as an agency. As an independent agency and it is in the best interest of the CRA to carry property insurance for the contents and equipment in the CRA offices in-case of natural or man-made disaster. We also must carry liability insurance for coverage of injury on the property. We must also carry windstorm insurance for natural disaster as a separate policy for the State of Flodda. All Employers including the CRA must carry .Workers' Compensation in order to have employees. . The Bonding insurance will cover the CRA for malicious or accidental wrong doing by an employee or any designated representative. The implementation of these policies eliminates the responsibility of the Independent coverage of CRA employees. The CRA should receive refunds of approximately 70% of the odginal purchase price. With out the 'policies in place the CRA in not covered as an agency and may not have employees. Attached for the Board's review is a spreadsheet of pdcing for insurance needs' for CRA insurance as an independent agency. Staff recommends Hannifan and Associates for our insurance need. They have Rated A companies, lowest cost, and we believe will provide the best service. LU 10/01/oz TUE 1~:{9 PAX 881 6~a ~UW0 COLE INSURANCE ~uuZ ], 2002 '.~ 8u~an Vlelhauar .... ... '" .. 659 ~ Oeean,4wn#e #107 · BO~nton B~ac~, FL $$¥$$ · p~, ~nsuran~a Prolmsai - cR~' (1 Insurance ¢oneul~nm and A~entt, gince 1'919 Pur~mant to po~r ~o~nt r~qua~t f~r'tn~'a~e* ~ot~ona, I ~ ~lad~ to'o~ th~ ..... Packa~.'_ ProparP2 & ZJablllgy .. ' " . .. ~t, noo · ' .. ... ....... . L~tU: "$~,~/$2,~0,0~ ~tit~) . . . . ~. .. . ." '. .. . .. ,... ' · ~ottbl,: ' $~OOB~, &~.D ..... ·" ' ~,r: "W~ Worm ' . ~m: ~,Trs.~ ~aO . ..... · ............ '.. .. :..." . ..'...'...'.. "...~'. ~g. ~. .-. "" . . ~ ... · ... · ,.,,.'~ . '~' . · , .. .," . ..... ... ......... .... . '" . ' '~ ~ ~~ ~v~ t~ d,~ ~ ~id ~ o~tn,~ ~'~,'~t~at ~r~ ~ ~ ~ " ...: ~ .~ .. / ~r~um of$;~.~. ~lnl~ ~m~m) · '. .. .. ~o~m' Co~~ ~* ~ ~ ~ L 6~.00 ~ b~d.oh ~ ~mon~ ~ ~ . . · ~ ". "'.. ..... · ~, ~n~r ~d~. .. ... ... :. ' ' .... ...... .. · .... ..... '"." ..~o~n~ ~T~Pt~ntd~ ~.0~ ~tY~ ~1~;000. "..; {......:'...'...'.'... ':.'. " . ......... "' .. o~ obtain a ~on wh~ ~d ~ne~. .. · , ~ - ,. :..'. 'I h~ atta~,d ~ O).optl~n~ on h~Ith ~v,~,.(~up) ~r ~k r~t~. ..". ..... .'. .... " ~t ~tsp~ld~ ~tth ~cl,ntinfo~aabn'~r~ ~e~ '" "" "' ....'" .... '"' . .'I am ~tlll ~a~a~ tha q~o~aon'of~nat'lta~ilt~'~'~*~U~.' "' "' ' .... ' "'. ....... ... .... ......... .. .... " R~on~ll, n, Jr. ~ . . .. .,,' ........ ..'" ,'., ,.,, . . ..,.." Pr~td~nt . .~'. .~ " .... . .. . ~.~ ~... .. . ... ..... ~6~...,,. . ~ ., ,, ... .~ ~ch' ' ., ...----------~.~om.eom : ,.: · ' . ,.. "' ," ........ .. , . ~ .'~ . _' ...':..."."...""..<"'~" .... ',,., . : ...... ,. 1 : Hanni~'in & Rssociates FRX HO. : 56! 33:] 15$0 Oct. 25 2802 $2:25P~1 P4/[2 ~Operlor Access Insurance Services, Inc. In~antBOPTM PRICE INDICATiON Office Program Period: 11/15/2002 to 11/15/2003 p~ Tlma~ ;i0/2~/2002 9~24:2~ AN Florfde U~en~e: F00000000203 HAN1 - HAJ~NIFIN & AllSOC, INC 1300 CORPORATE 0ENTER ~I0~C WELLJ~, FL ~4~4 N~me Inlured: 8uean Vlelttauer DBA: 142 E ~~t ~ B~, FL ~ p~ (~1) ~1~ ~ne: (~1~~ F~ (~1~1510 Cede: 84881 - MANAGEMENT CONSULTANT Heellnn-Yr ~ ' ' ~ ~t~ ~ .... TOO" OnmmuallV OodW~ade __i 'N& PO , p , fiRE LEGAL (PER OOO): http~/w~v.superi~s.com/Har~rd/HF_BOP/Pdcelndtcsflon_Offioe, asp?Model~SAL~ 10/25/2.002 FROM : Hanni{in & AssociaSes ' tt~ttord j~UF('i M) t, Ki~Jt~ %~u. l~,~livl~ Oc~. 25 28~2 i2: 25'PM P5/12 eRT,MATSn ANNUAL PREMIUM: S488 I-ia~ord~ Dimot payment Plan Choean: 10.-Pay Plan (25% Dowruw IM~lln~nts) 3O/:Z~O0~ Date: 11-01-2002 Hal Wilson Causeway Insurance, Inc. P.O. Box 243629 Boynton Beach, FL 33424-3629 (561) 737-6464 ~ (800) 675-6465 Fax: (561) 737-7355 To: SusanV]elhauer Fax #: 737-3258 From: Hal Wilson Total # Pages iIIllllllllllllll IIIIIIllllllllllM/lllllllllllllll~lll'illllllllllllllllll 1~: Q~ot~ Dear Susan, Thank you for contacting our ofl~ce regarding the coverage's, for.the City of BoynWn Beach CRA. We have secured quotes/~Om our companies for the coverage'a, that you showed on your coverage requirements. I have attached a breakdown for tho package policy covcrage's and premium. The Windstorm for the contents, would be written with the Citizens Property his., and the premium would be $205.00. The Bmployee Dishonesty Bolld, for $100,000., cost is $326.03. Workers Compensation is standard rates and the cost will be the same wherever you look for coverage. The Stale sets and controls the rates. As I told you, our package does not include the coverage for the Street Festivals, this coverage cazl be added to the policy once the dates are set and full d~alls of the fegival are worked out. We will need a specific application'for each festival. That, is why the company will not quote the coverage at this time. We are willing to attend a board meeting to explain our policy and services, ii'you would like. Please advise us of the date, place and time. 11/01/2802 11:59 561-737-7355 CAUSEWAY INSURANCE PAGE 82 Our agency does not write health coverage, so we can not assist you with ~s polioy. We ~v~ ~sociate ~t c~ ~sist yo~ H~ Nme is Michele Mdooley, h~ o~ce is locat~ at S~fis B~s C~t~, 2f00 Q~ L~es Dr., S~tc ~ 20~, B~ch, FL 3342~. H~ phone ~ is ~61-737-586S. I ~ow ~t ~cho[o is c~ently o~ of to~ ~1 Wc~esday, Nov.6, ~002. But I have ~v~ her o~ce yo~ ~e ~d n~b~, so she c~ cont~t yo~ wh~ sh~ r~. Should you desire that we write the policies we w/Il have to set up an appo/ntment to applications signed, Should you have any questions, please feel free to contact our oflicc. ~oi- ~ ~- ~doo CAUSEWAY INSURANCE PAGE 03 36E2 8, 8EACREST BLVD. BoyNToN PHONE; (861) 737-848& ,~AX: (MI) 737-7368 WATS: Eetabffehed 1958 18~0 N.E, 2eth STREET, ~102 FORT LAUDERDAUt, FL 3~05-1431 F~ (984) WATS: (80g) 3,11~241{3 a PACKAeE I'NSUtLA~CE. QUOTE PU~,SE nEPLY ?6: Named Insured: cI~z oz BOY, TON B~.4¢a c~! Date: il-01-2002 Propcrt7 Address:__~ z. OCeaN AVE. Sl~I~ 107 BOYNTON ~7_~CIt, FL 33433 PROPERTY SECTION Building Building Deductible Business Persomd Property Business Personal Propert7 Deductible Bu,sine~s Income: Maximum per month Total coverage ,Coverage opdor~.: i. Buildtn~: , ilasic form Business Personal Property: ~. Basic form Includes Wind coverage Includes Theft coverage Bjoz c0 .$ $__20,000. $ i 0o0. Loss Settlement: $__~o'r cov]~ _____ Special form Special form Yes x, No __.,1._ Yes _..__ No Building: .____ Replacement Cost Bu..~uess Personal Property _. Replacement Cost ___. Depreciated .... x Depreciated 11/01/2002 li:59 56i-737-7355 CAUSEWAY INSURANCE PAGE 84 PageY2 COBiMI41RCIAL GENERAL LIABILITY SECTION Oen~ral Aggrcgate Limit Producm Completed Operations Asgre~ate Limit Personal and Advertising Ir~ry Limit Esch Occurrence Limit Fire D~g~ Limit (.ny on~ fire) Medical Expe~e Limit (any one person) Dcductible: Classification R. Bodily luxury ..._ii_ Pro, perry Damage Per Claim Per Occurrcn~ce 2,000,~00, !.,000,000, 1.000tOQ0, $.1~000,000. .so.q o. l.O00. 500. Bxposur¢ ANNUAL PREMIUM $ i.iss.~6~ Izsurance Company: cm!'.'.'.'.'.'.'.'.'~ sr~...._~, co~y CENTURY SURETY IS RATED BY A.N. ~EST!8 - RATING IS A- VI (E~CELLENT) .MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Re-Consideration of Payoff of CRA Loan at Bank of America and Direction to Seek Proposals to establish al line of credit. October 24, 2002 On 10/21/02 I spoke to Bank of America for clarification of the pay off calculation for the $3 million dollar loan with no resolution. I discussed the lack of action on the part of Bank of America with Doug Hutchinson and the decision was made to send all documentation to Lindsey Payne for legal action. On 10/23/02 I spoke to Lindsey Payne, after she received' our Fed Ex package, and she said she would review the documentation and-advise further action. After reviewing the documentation it has been determined that since the general language of the document favors the bank, legal counsels feels any adjustment or arguments beyond what has been provided would be costly and non productive. Therefore, on November 12, 2002 we will have a current payoff and present this information to the Board along With staffs' recommendations. At the reqUest of.the Board, staff is pursuing sources to establish a line of credit to be made available for the CRA. Preliminary discussions indicate that several sources are interested in the line of credit. Further most have also indicated no fees or charges to' set it Up. SS-X -- MBMO ~ TO: Lindsey Payne FROM: Susan Vielhauer SUBYECT: $3 Million Loan with Bank of America At the direction of the Board of Directors on the October 8, 2002 meeting I was instructed to obtain the calculation for the CRA loan pay off. On 10/8/2002 1 contacted Vanessa Civalero at Bank of America (561) 838-2252 and requested information as to the calculation on the interest rate penalty. She informed me she would have to · request the information from California because all loan information and calculation were preformed in the California offices. She also informed me it would take 24 hours. On 10/10/2002 1 received a fax with a new payoffof $286,526.09 instead of the original quoted ~mount of $525,000.00. I reviewed the information with Doug Hutchinson and call Vanessa Civalero back. We tried to request the current rates that they had use to calculate the $286, 526.09. On 10/21/2002 1 received a phone call back for Vanessa. She stated that she could not elaborate on the fax because she did not know the calculations. She also informed me that Bank of America does not give out this type of information to its customers but made an exception for us. I asked her if there were any bank personal that could explain how the loan was calculated and she said no. She suggested I call .(415)953-1116 the Fixed Loan Desk Corporate Treasury Department. : On 10/21/2002, I call this i~hone number and I was informed that they were an internal bank department and could not give me any; information I would have to call Vanessa back and she could call them and call is back with my answers. I immediately called Vanessa back and was informed she was on the phone and they would have an employee call be back. Both the CRA Board Chairman, Larry Finkelstein and The Executive Director DOug Hutchinson have instructed me to document our activities and requested to date I turn this over to you for resolution. Specifically, we want to know what basis is being used to complete the payoff penalty and if this is the same formula used to set the initial loan rate. Furthermore, they have computed this penalty themselves an it has varied by approximately $200,000.00. Thank You, Susan Vielhauer RES OLUTION NO. A RESOLUTION OF THE BOYNTON BEACH COMMLrNITY REDEVELOPMENT AGENCY, RECONFIRMING AND REAUTHORIZING THE PURCHASE OF THE RELAX INN PROPERTY LOCATED AT 222 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, IN THE AMOUNT OF $900,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILrrY; PROVIDING AN EFFECTIVE DATE. WItEREAS, it has been determined that the Relax Inn Property looated at 222 N. Federal Highway, is needed for redevelopment purposes; and Wl~.REAS, the Community Redevelopment Agency by Motion on May 14, 2002, authorized the execution of an option contract for the purchase of the Relax Inn; and WHEREAS, the Community Redevelopment Agency by Motion on September 10, 2002, authorized the execution of the option to purchase the Relax Inn; and WHEREAS, the Community Redevelopment Agency has determined that it is in the best interest of the public, to purchase the Relax Inn for $900,000; NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA, THAT: Section 1. The Boynton Beach Community Redevelopment Agency hereby re- authorizes and reconfirms the purchase of the Relax Inn located at 222' N. Federal Highway in the mount of $900,000. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. If any clause, section, other part or application of this Resolution held by. any court of competent jurisdiction to be unconstitutional or invalid, in part apphcation, it shall not affect the validity of the remaining portions or applications of this Resolution. Section, 4. PASSED REDEVELOPMENT AGENCY, FLORIDA, THIS 2002. This Resolution shall become effective immediately upon passage. AND-ADOPTED BY ~ BOYNTON BEACH COMMUNITY DAY OF , BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Chairperson Executive Director C:\WINDOWS\TEMPLKesolution (Purchase of Relax Inn Property).doc IX. New Business: MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Approval of Travel Policy October 30, 2002 After speaking to legal counsel for clarification on rules the CRA must follow in regards to a travel policy it has been determined the CRA may develop its own travel policy to fit our travel needs. I have attached for the Board's review a proposed updated travel policy. The current policy was temporarily adopted for the FRA conference trip and was based on the out-dated State of Florida Policy. Staff recommends this revision for the CRA. TRAVEL POLICY Approved travel must follow the following guideline in order to be paid by the CRA: A. Prior to Travel: 1. Complete Advisement of Travel and submit for approval. 2. Complete Travel Authorization Form and submit for approval. B. Registration: 1. Complete conference registration forms. 2. Complete a 121 request form for payment. 3. Attach one additional copy of the registration form with the 121 form for accounting. C. Upon completion of Travel: 1. Complete the Travel Expense Report. 2. Attach all the receipts to the expense form. 3. Attach a 121. form to the expense report with receipts for reimbursement. CRA Board Member travel within the budget shall be approved by CRA Board Chairman and Executivb Director. Executive Director travel within the budget shall be approved by the CRA Chairman. CRA Employee travel within the budget shall be approved by the Executive Director. Any travel outside the budget must be approved by the CRA Board. Travel Expenses are at cost with receipts and not an automatic or credited amount to the employee. Mileage rate reimbursement will only apply if employee does not receive an auto allowance. Mileage rate is $.31 per mile. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the employee and not the agency. Meal rates "-e $9.00 breakfast, $12.00 lunch and $20.00 dinner. To: From: Subject: Date: CRA Board Douglas Hutchinson Facade Grant Applicant November 6, 2002 High Ridge Properties LLC has submitted the first project to be considered under our new Fa~;ade Grant Program. The grant request proposes renovations to the property known as Ocean Plaza located at 630 east Ocean Avenue, including but not limited the repaving of the parking lot, landscaping, lighting and a' facade upgrade to the new 'Floddian" style. The applicant has exceeded the stipulated dollar amount required for match under the matching criteria of the grant; as the project total cost is estimated to be $234,834.71. The applicant is asking for $15,000.00. It should be noted, that the applicant has a verbal commitment from Palm Beach Economic Development Regions Grant P. rogram 'of $50,000.00 and the City of Boynton Beach for $25,000.00. Further, parts of the project have al'ready begun, but the project is not completed; some elements have not begun. Therefore, the Board should consider whether receiving other grants or that the project started before approval will be waived for this applicant. The project however, substantially exceeds all the other program cdteda's. Mem-o To: From: Subject: Date: CRA Board Douglas Hutchinson Facade Grant Applicant November 6, 2002 High Ridge Properties LLC has submitted the first project to be considered under our new Facade Grant Program. The grant request proposes renovations to the property known as Ocean Plaza located at 630 east Ocean Avenue, including but not limited the repaving of the parking lot, landscaping, lighting and a'facade upgrade to the new 'Floddian" style. The applicant has exceeded the stipulated dollar amount required for match under the matching cdteda of the grant; as the project total cost is estimated to be $234,834.71. The applicant is asking for $15,000.00. It should be noted, that the applicant has a verbal commitment from Palm Beach Economic Development Regions Grant Program 'of $50,000.00 and the City of Boynton Beach for $25,000.00. Furt}3er, parts of the project have already begun, but the project is not completed; some elements have not begun. Therefore, the Board should consider whether receiving other grants or that the project started before approval will be waived for this applicant. The project however, substantially exceeds all the other program cdteda's. HIGH RID GE PR OPER TIES, LL C 639 East Ocean Avenue Suite 4O7 Boynton Beach, FL 33435 561-752-4553 fax 561-752-4387 November 4, 2002 Boynton Beach Community Redevelopment Agency Fagade Grant Program 639 East Ocean Avenue Boynton Beach, FL 33435 Dear CRA: We respectfully request the fffieen thousand dollar ($15,000.00) maximum for facade improvements for the Ocean Plaza. The renovations will include repaving the parking lot, landscaping, lighting, and new '~Floribian" style facade. We have enclosed a set of approved plans for your review. A reported verbal commitment from Palm Beach County Economic Development Regions Grant Program of fffiy thousand dollars ($50,000.00) and the City of Boynton Beach commitment of twenty-five thousand dollars ($25,000.00) bring the total grant money reserved for this pr. oj .ect to seventy five thousand dollars ($75,000.00). The County grant is based on a preliminary estimate of $234,834.71 submitted by our contractor Brang Co. Inc. of Florida, Inc. (copy attached). We have since received final bid and have contracted for a total amount of $299,795.11 (copy attached). We have received our building permit and the project is scheduled for completion early January. We feel the fagade grant can be easily applied to any individual part of or the entire project in general. Resp~ Marc Fender En¢l. 2002/2003 RECEIVED FACADE IMPROVEMENTS GRANT PROGRAM 01~' ~ .5 20112 APPLICATION FORM B01mfo~ ~EACH Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMATION Name of Property Owner: Address of Property Owner: City/State: I Phone # Day: ~'/... Zip Code: 73, ~ '~ 5'"" Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Number of Employees: Annual Payroll: .mber of Employees residing in Boynton Beach: Boynton Beach Community Redevelopment Agency Fa(;:ade Grant Program Application Page 1 of 5 Approved 10/8/02 PROGRAM G__/.II ~DELINES ,'he following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the extei'nal appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa(;:ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. Eligible exterior improvements for this program include: · Painting. · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the building. · Irrigation. · Parking lot re-paving, to-sealing, re-striping. · Exterior Lighting. · Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. All work .must be in compliance with applicable Boynton Beach Building Codes and all contractors .must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 'Maximum Grant amounts: The CRA will provide, .on a reimbursement .b. asis, a dollar for dollar matching grant for eligible fa(;ade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. Boynton Beach Community Redeyelopment Agency Fa(~ade Grant Program Page 2 of 5 Revised 8/6/02 APPLICAT~N PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 The application is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first .served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding CitY of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspects of the Fa(~ade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the ~;RA Board. Boyntqn Beach Community Redevelopment Agency Fagade Grant Program Page 3 of 5 Revised 8/6/02 PROJECT INFQRMATION Describe improvements to be done to the property. Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contrac.1;ors, . · Estimated time line, /(/o ~,~or~. '~L~.~. ~ocO~$ ,~-~.¢-¢;~-~,'-I-,'¢r~,~,.~ · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · . A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to b~ processed. By signing this Application, I acknowledge that I have. received and read a copy of'the Program Agreement, and I understand and agree to comply with its content. Witness /~//~-,,~-- (Date) (Property owner's signature must be notarized) ~rop~rty Owr~ef' j~..~,~,.~.~ (Date) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency FaCade Grant Program Page 4 of 5 Revised 8/6/02 STATE oF"FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Maz'¢ Fender ..,~ who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes menti°ned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 15 dayof October ., 2002. NOTARY PUBLI~. ~ ~ Barbara A. Ranta IVly Commission Expires:: INOTARYi~IBL~b'rATEOFFLORIDA ! COMMISSION NO. . [ MY COMMI~ON.,EXP. OCT. 1.~r2004 Boynton Beach Community Redevelopment Agency Facade Grant Program Page 5 of 5 Revised 8/6~02 Ga;fy R. Ntkolit~.. CFA Pelto Beach County Appraiser iSubl c Access System I rty Information, , Location Address: 640 E OCEAN AVE Municipality: CITY OF BOYNTON BEACH rcel Control Number: 08-43-45-27-04-000-0560 Home Subdivision: LAWNS THE IN Search Official Records Book: 13291 Page: 569 Search Rea JIt Property In' ;ormafion Owner Info 'marion Sale Date: Jan-2002 THE LAWNS LTS 56, 73, 86 TO 90 INC, E 15FT OF LTS 91 & 102 & LTS Legal Description: 103 TO 107 INC Structural Detail Extra Features Land Detail[Owner Information Name: HIGH RIDGE PROPERTIES Tax Detail / [ Mailing Address: 639 E OCEAN AVE / Print inforn~ation BOYNTON BEACH FL 33435 5011 Propert~ H me~, mB~aliminary Appraisal i provement Value: Land Value: Market Value: Use Code: $465,410 'Number of 1 Units: $285,050 Total Sq. Ft: $750,460 Acres: .00 1100 Description: STORES -2002 Preliminary Tax Ad Valorem: Non ad valorem: Total: $18,278.73 $4,565.32 $22,844.05 -2002 Preliminary Assessed & Taxable Values Assessed Value: $750,460.00 Exemption amount: $0 Taxable: $750,460.00 Exemption Information Unavailable. iSales Information Sales Date Book Page Pdce l_nstrument Owner --Jan-2002 ~ 589 10 QC HIGH RIDGE PROPERTIES Jan-2002 13291 568 787500 WD MOORE GENE TR & Print lnforma'don http ://www. co.pa.lm-be~ch.~.~s/p~pa/main/deta~n.fo.aap?p_enfity=08434527040000560 10/15/2002 2002/2003 FA(~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant agrees not to alter, renovate, or demolish the new fa(~ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. The CRA will consider approval of grants for exterior improvements to a building which does' not face a recognized street. The exterior rear of a building facing an alley way will also be considered, A minimum of three (3) inspections by the CRA are requi~ed. Those minimum CRA inspections are (1) before starting work, (2) during work'and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way.are substitutes for required City inspections and compliances. The property owner, or tenant if applicable, must complete the fa(~ade improvement proj.e~t within six (6) months of the grant award. Failure to complete the fa(~ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion, by the CRA Board. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting i-ncluding invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been_.marked Boynton Beach Communny Redevelopment Agency Facade Grant Program Agreement Page 1 of 2 Approved 10/8/02 "paid" with a "release of lien" signed by each. Proposals for "work to be complete, d'~ o'r ~bi~" are not considered proper .documentation. Each item will be supported by ~anceled check showJng the face of the check, as well as t~ back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from. approximately the same position as the "before" photos submitted in the Application and the "during" photos. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued ten (10) days after approval. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Grantees may not submit fa(;ade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fa(~ade Grant program will only I'ionor new expenditures that have not been' submitted under other grant programs. The Fa(~ade Grant program may only be used One time for any one property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September Grantees shall grant the CI:~A and/or the-City of Boynton Beach the rights and use of photos and project, application materials. ¢itness (Date) ~~ tO ', ~"-~"z... Property Owne~; ,,,, (Date) /itness (Date) Tenant/Business Owner (Date) CRA Director Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Agreement Page 2 of 2 Approved 10/8/02 (Date) BRANG CO. INC. OF FLORIDA 4300 OAK !~IRCLE BOCA HAT'N, FLORIDA 33431 (561) 368-3180 FAX (561) 368-3188 August 30, 2002 Frtgh Ridge Propeaios 639 East Ocean Ave, Suite 407 Boynton Beach, Florida 33435 Attention: Mark Fender Ke: Ocean Plato Renovation: CIadfioatf~ns to Bid Proposal Dear Mark, The total cost of the Ocean Plaza renovation based on the final scope of work is in the amount of $:299,795.00. I am also providing.you with specific answers to your questions asked via telephone on Thursday morning, as well as .our site visit of this morning: · · · :2. Slatt ..e~ ~ Asso. ~.ciates, .More.,sp..e~;:~ific ..SHy as: fo.I!ows: ' ' PreP~ prime and. finish new wood uim and docorative FYPON at new gables .and Co. ~hu~n.. s, with sat 100%'acrytiC .... ' · ' ' :" ...... ' F'mi~ paint new hollow metal do°rs with alkyd satin/seml.gloss enamel ' ' Apply a stain and clear:fini.~h to ox!sting, and new cypress is included Ifthe so,,'I7,1 is to be painted with 100% acrylic fiat texturedpai~.thi~ is included We have included the removal of all hooks, alarm boxes etc l}om {he sof~, if the/tern is no longer active'or requir.~.. Both roofing.exports have statearthat the standing seam metal roofis not designed to go over 90# hot mopped felt..Ever since 'lhurricane Andrew" the code has required what is referred teas "Notice of Accepiance' and/or '?roduct approval." The only sub.sm~te tl~ is curre~Iy accepted by code is 30~ felt tin tagg.ed to the plywood deck You will most likely be asked to subm/t product approval fOr your rootlng, site light poles, and hollow metal doors before the city vii1 g/ye you your permit. I have included an allowance often (I0) sheets ofplywood to replace Whatever. may be rotten. Electrical: TM.~ quote is based on removing the existing light poles and bases in their entirety. Brooks boxes will be in.~slled to accommodate the rewiring of the new light poles with the existing .conduit.a~d conductor~ tt is assumed' that the exisfin.' g conduit.' s and conductors axe intact and can To remove existing light pole foundations and install ~ew is'included Ausu~ ~0, 2002 Page two $. Thep .w~ng °£t~eparkimr/ots -~- . · ' ~. wm oe 010~ ~ .... ' ~cm~~ ' . ~*~ ~ - _ ~~g.o~md _ .. ~ ~ ~ . lot ~ t~ -. ~ · ~. 110 ~ _ . r~ lOtS m~o - 8. To r~e~ r~r.~., ~e/or te ~ ~ ::~ ~e cm~ 9. ~The ne~v wooden gate will 1,~ o ~._~ · - i0. ~,, o *~cr m · - · o ~e ~ ~e ~.~ ~ ~ ,~ h~ not 6 ~ as -' - ~ ~o~ ~ ~e ~ ~ ~c~ ~e ~.my ad~ ~o~ you ne~ p~ l~ ~ ~ow. V~ ~ yo~ ~O ~. ~C. OF ~~A 4300 Oak Circle Boca Rat0n, FI. 33431 03:02:55 PM Price Takeoff Report Estimate ~ OCEAN PLAZA BID Page 1 Item # Item Name. Quantity TU TU Prl[ce Total Price Division 11000.0001 130(X). 0030 17000.0011 17000.0015 18000.0007 18000.0009 18000.0018 1800O. O038 19000.(X)g8 Division 21000.0017 21000.O027 21000.0085 ~1000.0088 000.0070 210O0.0072 21000.0074 21000.0078 21000.0080 22000.O015 22000.O017 22000.0021 22(X:X3.O042 26(X)0.0013 26(X:)0.0014 26000.0029 26000.0030 28000.0000 28000.0005 29000.0(X:X) Division 30000.0014 000.0016 I General Requirementa PERMIT FEES: by OWNER SURVEYS FINAL CLEAN DUMPSTER BOBCAT SMALL EQ. RENTAL TRUCKJNG SAFETY SIGN PUNCHLIST 2 $itework I Demo REMOVE TREES REMOVE WOOD GATE MANSARD CEDAR SHAKE REMOVAL REMOVE STUCCO CEILING REMOVE FASCIA REMOVE SIDEWALK REMOVE WOOD FROM SIGN REMOVE AJC UNITS REMOVE ASPHALT .~O. SIDE & GRADE MAIN PRKG ASPHALT, DEMO PATCH, STRIPE SO. PRKG ASPHALT, STRIPING DEMO "D" CURBING FINE GRADE BY HAND ~ ISLANDS BRICK PAVING BRICK PAVER "U" BLOCK SIDEWALKS SANDBLAST SIDEWALKS INSTALL KOOL DEK ON E×$TG SDWK LANDSCAPING SOD FLORATAM: ALLOWANCE IRRIGATION SUB 3 Concrete DECORATIVE' COLUMN PADS DUMPSTER ENCLOSURE 1 LS 0.00 0.00 1 LS 628.50 628.50 2 DY 803.38 1,208.72 4 EA 364.53 1,458.12 2 DA 509.~3g 1,018.17 ILS 377.10 377.10 5 DA 251.40 1,257.00 3 EA 113.13 339.39 3 DA 628.50' 1,885.50 6 1 5 0 672 250 1 1 1 1 1 6O0 1 710 34 1079 4O00 1 1 40O0 1 21 1 EA 628.50 3,771.00 LS 188.55 188.55 DY 961.61 4,808.03 SF 0.00 0" LF 0.{;]0 SF 2.51 6;. EA 201.12 201.12 LS 5153.70 5,153.70 L8 31425.00 31,425.00 LS 9930.30 9,930.30 LF 18.34 9,804.60 DA 603.36 603.36 SF 4.15 2,945.15 LF 20.11 683.81 SF 3.46 3,729.83 SF 0.75 3,01.6.80 L$ 15084.00 15,084.00 LS 16127.31 16,127.31 SI= 0.33 1,307.28 LS 7416.30 7,416.30 116,975.48 EA 188.55 3,gSg. Sa LS 4022.40 4,02," PmEst Estimating Item # Item Ha*fie Quantity TU TU PHce To~ai Price DIVision 9 Finishes 2000.0000 STUCCO ;~XX).(X:X32 PAINTING Division 10 Specialties DO0.0004 BENCHES: ALLOWANCE K~30.0006 TRASH RECEPTACLES Division t5 Mechanical 000.0000 PLUMBING: ALLOWANCE )ivision 16 Electrical 300.0002 ELECTRffCAL 1 SY 15084.00 15,084.00' I LS 10925.84 10,925.84 26,009.84~ 2 EA 31~.25 628.~ 0 EA 0.~ 0.~ ~8.~ 1 LS 942.75 Total Price 942.75 942.75 24,008.70 ~"39,795.11 PmEst Estimating P.O. BOX 910 · "~YNTON BF~CH, FLOI~..IDA 5:5425-910 TELEPItONE: 561-754-2424 TELECOPIEI~ 561-754-2497 BARBARA A. RANTA GENE MOORE FIRST FINANCIAL PLAZA, SUITE 409 6:59 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA 5: May 9, 2002 Marcus Fender President High Ridge Properties, LLC 639 E Ocean Avenue Boynton Beach, FL 33435 Re:'Improvem~nts Ocean Plaza, 630 E. Ocean Avenue, Boynton Beach, Florida LOAN COMMITMENT: Dear Mr. Fender: This 'is to confirm our conversation of even date, that I hereby commit to extend my existing first mortgage loan against Ocean Plaza Shop Center property, on an open-end basis to the extent of $250,000.0.~, 'to enable you to proceed with physical improve-· ments to the .proPerty,on the same basis , terms,and conditions of said first mortgage. Subject funds are available at this time, subject to distribution in accordance with Construction draw schedule. /" //Gene Moore MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Employee Health Insurance Plan Contribution October 24, 2002 To date all tax forms, employment forms, payroll accounting software are in place for the CRA to secure employees. The remaining element for staff, conversion from contract to employee status is the selection of employee's health insurance plan. The employment contracts call for a benef'rt package similar to the City of Boynton Beach's plan. After reviewing several options Staff recommends Aetna 'HMO policies, Amedcan Dental and Eye Programs. These programs are equivalent to the City of Boynton Benefits. The total cost will be $811.66 per month. Policies· range in pdce from $750.00 to $1,237.04 health. The Dental and Eye Plan is CompDent and the price is 23.06 per month with a one 'ifime enrollment fee of $35;O0. We have $2250.00 per"month audgeted for this insurance therefore this plan is well under the budget. ' It will take 30 to 45 days to process all paperwork and would be available to employees January 1, 2003 which is'the Rroposed change over date. MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Consideration of Resolution to secure CRA Credit Card October 31, 2002 Attached is a resolution for The Board of Directors to approve to allow the CRA to obtain a credit card. All credit card purchases will be in accordance with purchases policies in place. 10/30/2002 18:10 Unincorporated Organization Certificate Of Authc (Commerolal Credit Card AocOunt) l, the undemignad, hereby certtfl/that I am 1he .¢,.ha trman . . .. and custodian of the,_.~ord: ~Ba_vr~-,-m ~,=~ah n~A _ '(the'Organrz~dton-);thatthefolloWlngleatrueandcorreotcop ~rtaJ~olutiOn-s duly adopl~! liy the board o_f..t~usteee or other governing bady of i~e Organl~$flon ate meeting dub/ held on the ~ o _. day of ~l!l. ovem~er 2002 at which a quorum was pmserrt ~,nd sctlng; and tll~ the following reaoiutlone are In ~c ~fonmtty with (he charter'and by-I~ws of bhe OrganlZatlon and have not elna,, been rescinded or moar~ed. RESOLVED, that the Organization enter Into a commercial credit card account relatfonship with SunTrust BankCard, N. ('Bank'), an affi~ate of Creater Bl:nk and that any Print Name .DouGlas_ C Rntahin.~n . Susan Vielhauer ...... Annette Gray (number requimcO Of the indMduaJ~ listed below: T/tie . Executive Di._rector · Controller ..... Adminstrative Assistant is (are) au~ortzed to enter into an:l execute on behalf o/this Organization any agreemenis or do~menm Sank may require In orger t? estebl.lsh the c~mm.emi~., ored'~ card..?ount ml~fons.hip. Ltha! ~ .o. rgm.n .Iz?on shell be bound bythe terms and condmon$ of the agreet'~enm, a]~ as now erasing or as arnenae~ ~rom m~ m~e to ~me. FURTHER RESOLVED, that the u ~dersigneO [S authortzed and direoted to furnish sak/Bank a certified copy of th- resolutions, which resolutions shell continue In full force and effe~ untll wrttten no~ of modification or revo~atior .,a rasolutlone hae been received by [!~mnk and ~nk ha~ ~ reasOnable time tO eat on ~uoh notice, and to furnish ~ ~n ll~e names and epe~imen slgnaturos-of the authorfzed pemon.(s) named herein, and such pemons from ffm~ to time tmidlng above positions. I homey certify that the folio .wlng a..e the namea and specimen signatures, of bhe .?.u~. __ _?tZ~..' person(s) Ilsiad In the ~oregolng re~oluflone end that eacl' preserfll~ holds that ~fe Ir~dloated and baa ft~ aumomy for all acts noted herein. Print Nanle Title Signature Larrv~Finkelat~in Jeanne Heavilin Chairma~ V%~e Chair?ers~n E~.~c'at!va 9!rectcr ._ IN WITNEE~$ WHEREOF, I have h,lreunto subsodbed my name and aft]xed the seal of said Organlzatiotl th[s___ _____ day of , · (OrganlzatJon Seal) r,(~ OT:gT ~OOZ/OC/OT City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 10/2/02 The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Accordingly, this program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this program, projects which directly compete with existing projects, or that do not open new markets may not receive maximum consideration. Projects will be scored by program criteria, which are defined in Program Guidelines. The project's score will determine how much if any of the eligible incentive the project may receive. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 1 of 10 PROGRAM GUIDELINES: · The project must be in the City of Boynton Beach CRA Area as defined at the time of application. · The applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the project. · All property taxes, fees, city/county liens owed by the applicant must be paid and current. · The project is required to be over $2,000,000 in projected new assessed taxable value upon completion. · The project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times the corresponding year's incentive during the incentive period. · The duration of the incentive shall be no longer than 10 years. · The incentive will generally not exceed 50% of the CRA Tlr revenue generated by the project during the incentive period. · No incentive (in any one year) shall exceed 75% of the new annual Tlr revenue generated directly from the project for that year. · Projects may be phased, however each phase must meet program thresholds. · Projects must score at least 50% on this application to qualify for incentives. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 2 of 10 PROGRAM SCORING CRITERIA: · Project Size (total new assessed value) (up to 20 pts). For the purpose of application scoring, the new assessed value projection shall equal the project's projected appraised value times 90% minus current assessed value of the project site. 1. $2,000,000 to $4,999,999 (5 pts) 2. $5,000,000 to $9,999,999 (10 pts) 3. $10,000,000 to $24,999,999 (15 pts) 4. $25,000,000 + (20 pts) · Type of Project (up to 20 pts) - Preferred use criteria. Evaluation of the project is based on its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following commercial uses. 1. Mixed uses with residential component. (20 pts) (Jose) 2. Mixed uses with office component - we are in need of Class A office so 20 points for mixed use office professional with retail (Larry) 3. Multi-story professional-retail buildings (business and financial services, medical/health care services.) (15 pts) (Jose) 5-10 points for medical/health as it is not as desirable? (Larry) 4. Multi-story office-retail buildings with the following type of retail tenants: (10 pts) (Jose) a. Restaurant/Specialty Foods, b. Entertainment, c. Art galleries, d. Apparel, e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques. 5. Retail buildings with a minimum of four tenants (from the above list). (10 pts) (Jose) 6. Hotels/Conference Centers. (10 pts) (Jose) · Project Location (up to 20 pts)- Must be within the CRA area City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 3 of 10 1. CRA Area - (10 pts). 2. CRA Area and in the CBD District, Federal Highway, Boynton Beach Blvd. Ocean Ave., and MLK - (20 pts). (Projects in these areas are high impact and have the highest visibility.) · Economic Impact- (up to 20 pts) 1. Projected economic impact (define on what basis, jobs? - no, based on dollars generated by the project based on standard economic forecasting models - Doug) over the incentive period of 20 to 49 times the incentive - (15 pts) 2. Projected economic impact of 50 times the incentive or more - (20 pts) · Project Quality - (up to 40 pts) Subjective point allocation based on project architecture, landscape, public amenities, innovation, quality, overall contribution to the Community, etc. Establishing Incentive Percentage: Point scores from each of the five criteria elements will be added together and the total taken as a percentage times the eligible maximum incentive (up to 50% of the new assessed tax amount) to establish the incentive formula percentage. For example, a score of 100 pts or more equals 100% of 50% (maximum program capture of assessed TIF) is the project's incentive capture formula. A 70 pts scored equals 70% of the 50%. Note that incentives are defined as percentages of the new assessed TIF increment as it appears on the official tax rolls, therefore, any actual dollar figures prior to project completion and listing on the tax roll, are only estimates. Establishing Annual Incentive Disbursements for the Incentive Period: Although annual percentages of the incentive may vary to respond to early project needs, they shall not exceed 75% of the new increment tax for any single year. The cumulative incentive shall not exceed 50% of the new assessed increment's taxes for the total incentive period. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 4 of 10 Notes · on this section (these will be removed from the final document): Pure residential and apartment projects will have a hard time qualifying for incentives. · Do we want to have the ability to grant incentives in non-linear formulas? This current draft has that ability. How? - Fhe formulas would spread the incentive based on the first year's evaluation and be adjust annually if the assessed value goes down - Doug · Note that every quafified project receiving 50% or higher score will receive some level of funds. Do we want to raise the score percentage ? Larry - No to receiving some sort of funds as a guarantee. · :'Project Quality" is subjective point scoring (40 pts) that could over come up to 2Opts in project scoring short falls. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 5 of 10 PROGRAM ADMINISTRATION: · Project applications shall be screened and reviewed by staff for completeness and scored. Staff or a selected review committee shall provide pertinent comments on the project. Staff shall secure third party credit information and background checks on Applicant(s). The review period shall not exceed 45 days from the date of the submittal of a complete request by applicant. On or before the end of the 45-day period staff shall either forward the request to the CRA Board for consideration at their next regularly scheduled meeting or request, in writing, that the applicant provide additional information (A copy of the staff or review committee request will be forwarded to the CRA Board.). Upon consideration by the CRA Board, the Board shall take one of the following actions: Approve, table, modify or reject the request. The applicant shall be notified in writing as to the Boards decision with in 5 days. If the request is denied, the applicant shall have the right to resubmit a revised application for reconsideration. Note that any direct or indirect lobbing of the CRA Board will result in disqualification of the applicant from the program. Appeals Process? .... Do we want a process for appeals or are we it? (Jose) the funding is from TIF funds of which we are the custodians, we are responsible for those funds and should have the final say. "Request for Incentive Funds" - A request for release of approved incentive funds and/or the initiation of incentive fund payments is required to be sent to the CRA. This is due no later than January 1st of the year after the project (or a phase) appears on the official property tax rolls and every year of the incentive period thereafter. If the project's property taxes are paid in full, the Earned Incentives will be dispersed no later than March 1st of that same year and will be based on the prior years collected taxes. In the "Request for Incentive Funds" the applicant shall supply evidence of program performance; (1) Tax Statement identifying the project or phase on the City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 6 of 10 Tax AssessodCollector's property Tax Roll and (2) receipt of payment in full of the levied property tax. INCENTIVE PROGRAM APPLICATION: The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the program application. The application shall be forwarded to the CRA Office with a formal letter of request containing a narrative of the project, reason for request, justification and a summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by 12 sets of the completed project information. Project Information: Applicant Information 1. Applicant (Majority Owner) Name. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax, Email Address. 4. Contract Person's Name, Title, and Contact Information. 5. Attach a Brief Resume on the Applicant and Contact Person. (Exhibit "A") Project Information 1. Project Description (One Page Narrative) · Project Location, · Size - area and appraised value, · Zoning, · Uses (commercial, residential, mixed use, etc.), · Square Footages of Uses, · Amenities, · Features - construction finishes & materials, colors, etc. 2. Plans (if not previously CRA approved) - site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") 3. Project Status (for example, has the project been submitted for Initial Site Review, Site Plan Approved, Permitted, etc.) 4. Project Timetable with Projected Dates. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 7 of 10 5. Feasibility Study Summary - (A copy of the study's summary conclusions dated with in the last 6 months.) The study must be completed by an experienced third party firm. The Study shall be based on appraisal, market conditions, comparable projects, financing and all factors affecting the development of a stand-alone project, without the inclusion of incentives. 6. MAI Appraisal Summary - (A copy of the appraisal's summary conclusions dated with in the last 6 months.) MAI Appraisal of the current land and any improvements as is and the project's projected value upon completion. 7. Economic Impact Study - (A copy of the study's summary conclusions dated within the last 6 months.) The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. Property value and inflation increases shall be no greater than 3% annually. Job creation? - No, I was told that tracking it was very difficult and the chair stated that we were not driven by job creation. - Doug The request for incentives and application, if and when approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the project. The approved Incentive Agreement may be assigned with the formal, approval from the CRA Board of Directions. Notes: prior written · Are items #5 and #6 both needed? It has been pointed out that some projects may have one or the other.., both items take substantial time to acquire and one or the other may be required by lenders, but not both. Not true-Larry · A CRA Area Map will be attached to this package. City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 8 of 10 Larry's Notes: Construction ProForma outlining tile sources and uses ol'Funds. construction costs fbr complete project - enclose bids from contractors with experience itl like projects. Why'? The feasibility study deals with the protbrma.., this is proprietary infbrmation of the applicant which becomes public record when supplied to the CRA. The question is does the project bring benefit to the CRA above its requested incentive and is it a project worthy of the program The CRA should not be telling projects what their costs should be or what profits they are entitled to... opens the CRA up to potential lawsuits. - Doug 13alance Sheet - show Equity and Debt sources alon,.z with any commitment letters fi'om lending institutions. (TIF funds are only a supplement, not a sinde source For project financing, used to get over initial hurdles, -pioneer" projects in unproven area. etc. ) Why'? Project incentives are only paid after performance (construction of the project) and the payment of appropriate taxes. Should the CRA care how they got the project built or leveraged? Who sets the standard? We reward the end result, not how they got there. Here again the program only applies to projects that get built and pay taxes. - Doug Prqject ProIbrma - outline tile income and e×pense oFthe finished project if income producing or based on sell out of project ii-' Fee sim pie/condo Why? The Feasibility study deals with the protbrma.., this is proprietary information of the applicant which becomes public record when supplied to the CRA. The question is does the project bring benefit to the CRA above its requested incentive and is it a project worthy of the program. The CRA should not be telling projects what their costs should be or what profits they are entitled to... opens the CRA up to potential lawsuits. - Doug Job Creation Direct and Indirect Direct Job is hflhime-permanent employment by the developer in the prQject .\n Indirect .lob is a Fulhime or part-time _job created as a direct result oFthe project, but the employee is employed by another besides the Developer; ie., construction, new stores, new businesses, etc. l,ocal, not construction (finite) as construction company usually comes to area For ob and then leaves Interested in permanent job creation. Exa~{~ple: stt~,re and restaurant employees, apartment management and leasing Staff had a job ~natrix to evaluate jobs which clearly dealt with types of jobs.., it was removed due to several reasons: first, staff was told that the CRA was not driven by job creation and second is that it is a nightmare to monitor and verify... Doug City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 9 of 10 Project performance bonding - Why? We pay only on finished projects. - Doug Verifiable equity - Why? We pay only on finished projects. - Doug City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 10 of 10 X. Other Items: XI. Adjournment. Any person who decides to appeal any decision of the Community P,.edevelopment 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 "e proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. [1~.- city shall ftunish appropriate auxiliary alcls and services where necessary to afford an inclividua~ 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 Douglas Hutchinson at $61-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. ,_~ 1~ ~-- President Hilary Lynch (rom) Home: 28 Country Rd Village of Golf 33436 7334118 Fax 742-7940 e-mail:hc166~aol.com Vice President Brian Edwards 629 NE 9m Ave Boynton Beach 33435 Home 732-2739 Office 375-6606 brianedwards(~,unitedwaypb c.org Secretary Cecile Weems (Madon) Home: 10827 Gleneagles Rd Boynton Bch 33436 Boynton Cultural Centre, Inc. 2002-03 Board of I)irectors Rick Lewis World Bank 7324224 Treasurer Deidre Mahler (Gary) Home: 11965 North Lake Drive Boynton 33436 734-1183 Fax 734-7322 e-mail: ddski2day(~,aol.com Immecliate Past President Joan DuBois (Bobby) Home: 10679 Spicewood Trail Boynton Beach 33436 732-8637 Fax 734-8080 Voncile Smith 1747 Banyan Creek Court Boynton Beach 33436 734-5653 vms317(~)~bellsouth.net C. Stanley Weaver (Ema) Weaver Development Home: 4662 Lotus Way Boynton Bch 33436 732-6567 Taryn Wheat Child Care Center Staff Arleen Dennison 0Dou~, Executive Director 129 E. Ocean Ave Boynton Beach 33435 742-6784 Fax 742-6781 dennisona(~_~ci.boynton-beach-fl.us Home: 9191 Chianti Ct Boynton Beach 33437 364.8363 Fax 364-7843 Mary Lou Riccio, (Maurizio), Education & Exhibit Director Office: 129 East Ocean Avenue Boynton Beach 33435 742-6782 Fax 742-6781 ricciom(~,ci.boynton-beach, fl.us 1Vlexnbers Jane Brief (Eric) 8 Sailfish Drive, Ocean Ridge, FL 33435 369-5588 Virginia K. Farace (Frank) Office: Boynton Beach City Library 208 S. Seacrest Blvd. Boynton Beach 33435 742-6380 Fax 742-6381 farace_v~opmail, firr~ edu Susanne Bermarg Administrative Secretary Boynton Cultural Centre, Inc. Office: 129 East Ocean Avenue Boynton Beach 33435 742-6783 Fax 742-6781 l:~rm~n.qC~_,c,i.boynton-beach, fl.us Janet DeVries, Library Associate Boynton Cultural Centre, Inc. Office: 208 S. Seacrest Blv& Boynton Beach 33435 742-6397 Fax 742-6381 devtiesi('~_.ci.boynton-beach.fl-us Garfield W. Hamilton Asset Foundry.corn Office: 211 S. Federal Hwy. Ste 14 Boynton Bch 33435 733-9366 Fax 733-3277 ~ Home: 200 NE 27th Ave Boynton Bch 33435 586-8513 Kathy Harris Home: 6385 Country Fair Circle Boynton Beach 33437 Office: Galaxy Elementary School 301 Galaxy Way Boynton Beach 33435 369-7090 Fax 369-7041 Robin Kocielko Traylor & Gratton, CPA's, P.A. Office: 1260 S Federal Hwy. Ste. 101 Boynton 33435 737-7900 Fax 374-9718 Gloda Klugmart, Visitor Services Spedalist Office: 129 East Ocean Avenue Boynton Beach 33435 742-6780 Fax 742-6781 Judy Schuh, Visitor Services Specialist Office: 129 East Ocean Avenue Boynton Beach 33435 742-6780 Fax 742-6781 General Counsel Kenneth M. Kaleel (Rema) Law Offices of Kaleel & Associates Office: 555 N. Congress Ave #301 Boynton Beach 33426 738-1104 Fax 738-1106 Home: 86 Island Drive S. Ocean Ridge 33435 364-7473 Fax 735-9127 e-mail: kmkaleel(~,bellsouth.net November 12, 2002 Good evening Mr. Chairman, members of the CRA and citizens. My name is Hilary Lynch and I reside at 28 Country Road, Village of Golf. I am here this evening as the President of the Boynton Cultural Centre, Inc. , most commonly known as the Schoolhouse Children's Museum, located just south of us on Ocean Avenue. Before I proceed, I feel it's important to point out that the Boynton Cultural Centre is a non-profit 501(c) 3 corporation, which has spearheaded the efforts to develop a hands- on Children's Museum by partnering with the City to help fulfill its visions for downtown redevelopment. A Management Agreement between the City of Boynton Beach and Beynton Cultural Centre, formally defines our partnership with the City. Two of our Purposes as stated in the Articles of Incorporation are: · First to create a focal point for the cultural renewal of Historic Boynton Beach by tying together cultures, generations, and ethnic groups and secondly · to support and facilitate the preservation and growth of historic resources in Boynton Beach. ! would like for the CRA to realize that the Board of Directors of the Boynton Cultural Centre, has obviously been aware of the intent to demolish the 1927 High School. In fact, it was the Cultural Centre Board's decision during many months of deliberations among the City Commission, CRA and the citizens, to stay neutral on the issue because of the close partnership that our Board appreciates with the City. The Board of Directors felt that it would probably not only be inappropriate, but also somewhat of a hindrance to the process until the City Commission made a determination one way or the other. Tonight, I'm before you along with other members of our Executive Committee to ask for time for the Boynton Cultural Centre to analyze, and to consider plans for, practical uses of the old High School building. Why now? !t was only just recently that the City Commission took steps to actually turn this matter over to the CRA Director. Before the City Commission's guidance, it was our Board understanding that the CRA, City Staff and City Commission's intent was to demolish the building. Even though not all Boynton Cultural Centre Board of Directors agreed with the intent, we voted to stay neutral and therefore that's what we did. Why the Boynton Cultural Centre? First, please consider in two weeks we will reach the one-year anniversary of operating a hands-on children's museum in downtown Boynton Beach. Secondly, we have the capability, experience, energy and most importantly the knowledge of how to raise the money needed to accomplish financial strategies, as they might be determined. Third, we are permitted to operate within the scope of our By Laws on this project. And finally, considering those three points, and thinking back to our articles of incorporation, our Board of Directors are charged with the responsibility to work hand in hand with you and the City Commission to ensure that we do all we can to support and facilitate the preservation and growth of historic resources in Boynton Beach. What is the difference between then and now? The difference is that the City Commission has now provided a means for our Board of Directors to sit down and work with the CRA Director. Now we can formally discuss ways to use the old High School and real funding possibilities that would be available. As important, we now have the history and track record of running a Children's Museum. Last week we surpassed 30,000 visitors. This milestone is significant because original estimates in State grants predicted we would reach 17,000 annually. Well, we have hit a home run with our exhibits, our staff, our program, our volunteers, our City's commitment to the building, and most importantly what happens when a child comes into our Museum. Please refer to the packets we have prepared for you for more on our accomplishments, As well as money, all of this took time to happen. We developed a Business Plan, a Strategic Plan, a Feasibility Study and a Case Statement. We had a great city staff behind us but we needed to seek and nurture friends and funds from this community, the county and the state to make it happen. Now look at us! It's time for us to step back and evaluate how and what we are doing, and where we can go from here. We have not had the opportunity for our full Board of Directors to meet with the CRA Director. We need to address real funding issues and real timelines should we be given the opportunity. We know that we have the track record and now we're asking to be given the opportunity for time and the guidance of the CRA Director to work with our Board. Although we can't stand here tonight and make promises, we can assure you that with a reasonable timeline of 9-12 months, we will come back to you with a proposal. We have an active board, major donors, community support and a proven track record. If you grant us the time, we will promise to come back with significant answers to serious questions. Thank you for your consideration. The Board of Directors of the Boynton Cultural Centre looks forward to cooperating with you and will be glad to answer any questions that you may have. 4 Schoolhouse Children's Museum Where Florida's History Comes Alive! FACT SHEET Strong Community & City Partnership · Boynton Cultural Centre, Inc. was established in 1996 to undertake the exhibit design, fabrication, installation and programming for a hands-on children's history museum as a revitalization endeavor for downtown Boynton Beach. · Fundraising support from individuals, foundations, corporations and grants led to a successful opening of the Schoolhouse Children's Museum in November 2001. · The City of Boynton Beach owns and supports the building through a Management Agreement with the Boynton Cultural Centre. Mission Statement To encourage children and families who reside in or visit Boynton Beach and surrounding communities to leam about themselves and the history of Palm Beach County through a stimulating array of hands-on and interactive exhibitions, programs, activities and special events which focus on the richness and diversity of the local cultural heritage. About Our Visitors · Target audience is ages 2-12, with a strong emphasis on 4-8. · 30,000+ visitors in less than 12 months. Anticipated annual goal was 17,000! · Enrolled 1,301 family, individual and grandparent memberships in less than 12 months! · Visits from over 55 different local schools and groups · Birthday party bookings run 4 months out Milestones and Achievements · Extraordinary word of mouth---New York family staying at The Breakers spent 5 hours at the Museum, told their neighbors back home who visited us 2 weeks later · Because of being full to capacity 7 times this summer, it made it necessary to temporarily stop admitting visitors · National magazine advertisement has inspired requests for more information from 22 different states and Canada · Featured story in South Florida Parenting as premier children's museum in tri-county · Volunteers graciously donate over 2,363 hours Proven Track Record for Financial Support · Over $550,000 in grants from the State of Florida Bureau of Historic Preservation for restoring the building · $1 million of support from Palm Beach County from Recreation and Cultural Bond Referendum, with appreciation to Commissioners Mary McCarty and Warren Newell · $40,000 to Kids Kingdom Playground and the Schoolhouse, with special thanks to County Commissioners Maude Ford Lee, Mary McCarty and Warren Newell · $50,000 from Palm Beach County Recreational Assistance, with gratitude to Commissioner Warren Newell Exhibition Highlights · Drive the milk truck and milk a cow at Dairy Days · Scamper in the mangrove and crawl through an alligator at Mangrove Manor · Shop at the GeneraIStore · Ride the tractor and load the conveyor at Pepper Patch Farm · Talk to an animatronic robot at the Lighthouse · Fish off the Hypoluxo Steamer · Build a body at Doc Weems Office · Play outside on the ship at Kids Kingdom Playground · And so much more... Visitor Count, · · · · · · · · · · · Schoolhouse Children's Museum Statistics: The First 11 IVlonths As of October 31, 2002 since Nov. 29th opening: 29,230 October- 2925 September-2478 August- 4176 July- 3860 June - 4493 May-2471 April- 2189 March- 2421 February- 1977 January- 1396 December- 844 Average visitors per day: · October- 127 · September-124 · August- 182 · July- 184 · June - 214 · May, 107 · April- 104 · March- 110 · February- 100 · January-.63 · December- 38 Visitor Count 3000 2000 1000 0 29,473 People · Units · People Membership by City: Paid Memberships 272 253 184 119 105 67 25 22 21 14 9 7 6 5 3 2 Cib/ Boynton 33435-6 Lake Worth Boca Raton Delray Beach West Boynton 33437 The Palm Beaches Lantana Ocean Ridge Wellington Parkland Light House Point, Out-of-State Hypoluxo, Greenacres Gulf Stream, Deerfleld Beach, Atlantis Coconut Creek, Coral Springs, Pompano, 3upiter Fort Lauderdale Miami, Village of Golf, St. Lucie East Lake Weir~ Highland Beachf Lake Suzy~ Merritt Islandw Wellbomf Weston September 8, 1913 September 1992 December 1992 March 1993 May 1993 August 1993 Janum'y 1994 March 1994 April 1994 May1994 June 1994 December1994 Febmary1995 May1995 June 1995 Summer 1995 September 1995 Fall 1995 Hisforic Highlighfs Opening of the 1913 Schoolhouse as Boynton Elementary. City of Boynton Beach receives $27,500 grant from the Bureaus of Historical Preservation to conduct a long-range feasibility study as to uses of the building. Historical Society asks City to apply for a state grant. LORD Cultural Research Plan and Smith Architectural Study are submitted. City approves $320,00 in matching funds. 1993-94 Special Category State Grant is approved for $272,000 to provide construction rehab work to make the facility available for public use. Smith Architectural Group submits study. 1913 Schoolhouse is listed on the National Register of Historic Places. Boynton Beach Historical Society forms 1913 Historical School Restoration Committee. The original school bell is restored courtesy of Marie, Margaret (Brown) and Frances R. Shepard, Long range plan developed and presented. City acquires property from County School Board. Business Plan presented. Kick-off of the Buy-a-Brick campalgn~ First staff hired is a part-time Marketing Director. Robert G. Cume & Associates win tho architectural firm bid. Adoption of the new Boynton Cultural Centre name and logo with design courtesy of James Titcomb Creative and Robert O. Currie & Associates. Kick-off and YI$ION$ Goal Planning Workshop is conducted. Centennial Celebration proceeds are donated to the project. Receive approval on State Grant for $215,000. Receive pledges from County Commissioners Maude Lee, Mary McCarty and Warren Newell from discretionm7 funds for the Cultural Centre and playground. City receives a $10,000 grant to perform an historic site survey to aid in implementation of an historic district. March 1996 February 1996 Spring 1996 August 2, 1996 October 1996 December 1996 March 24, 1997 April 3, 1997 May 1997 July 1997 October 1997 December 1997 January 1998 March 1998 April 1998 February 1999 March 1999 June 1999 Februmy 2000 March 2000 April 2000 State Historic Preservation Committee approves another $25,000 for renovation. 1913 Schoolhouse Museum Capital Campaign Steering Committee is formed. Over 700 volunteers build a 20,000 square foot community Kids Kingdom Playground with a replica of a ship named the Coquimbo and castle. Articles of Incorporation for Boynton Cultural Centre, Inc. are filed with the Florida Depas hnent of State. City hires full-time Museum Coordinator. Request for Proposals go out to Museum Designers. Roof construction is completed. Boynton Cultural Centre, Inc. Bylaws are adopted. Boynton Cultural Centre's 501(c) 3 status is officially awarded. Over 60 people attend Creative Planning Workshops on Exhibition Planning. Thirteen new members join the Board of Directors. Woman's League for the 1913 Schoolhouse formed to ".friend and fund raise ". Children's Museum Conceptual Drawings for Exhibits are unveiled. Library Assistant joins the project. Over 100 people attend Champagne Tasting Party at Lucille & Otley's. City of Boynton Beach appropriates $900,000+ for restoration of the 1913 Schoolhouse and awards contract to Mouw Associates. Groundbreaking ceremonies held for 1913 Schoolhouse Restoration. Over 90 women attend a Fashion Show and Luncheon at a Boca Raton residence in support ora children's museum. Brick Dedication Ceremony is held at the museum. Palm Beach County Bond Referendum is approved which will award $1,000,000 to the 1913 Schoolhouse Museum for exhibition design and construction. Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. is approved. First Executive Director is officially named. Full-time Administrative Assistant joins the staff. An estimated 1,645 visitors f~om 16 states and 4'countries visit the Museum during GALA 2000. Board of County Commissioners approves tri-party Interlocal Agreement to fund September 2000 October 2000 December 2000 February2001 March 2001 July 2001 August31,2001 September 8, 2001 October 3, 2001 November 2 and 3 November 29, 2002 First Week in July 2002 July 2002 November 1, 2002 Exhibition Prototype Stage concluded. Presentations of the museum exhibition plans to Children's Focus Group, Historical Society, City Commissioners and Staff receives overwhelming consensus. Exhibit Concept Development Documents complete. Construction of Outdoor Amphitheater and Restrooms completed. Two firms are selected to begin fabrication of the exhibits: Creative Display from Miami Lakes to build all exhibits and Sally Corporation of Jacksonville for the Jupiter Lighthouse. Web site is launched at GALA 2001. Museum Board hires Education and Exhibit Director. Exhibition installation begins. Invite 900 City of Boynton Beach Employees to a Labor of Love Luncheon in appreciation of their efforts and support of the Museum. Sometime within the month the Schoolhouse Children's Museum metamorphosed from a "Project" to a "Museum" Host Birthday Bash in celebration of the 88ta Anniversary of the schoolhouse opening with over 500 attendees. Volunteer Training begins. Alumni Reunion Weekend November 2 and 3, 2001. GRAND OPENING! Our 20,000 visitors come through the doors at the 8-month mark! Shortly after, our 1,000 memberships is sold! Museum hires two part-time Visitor Services Specialist Dean Tendrich, Channel 5 Meteorologist is the Master of Ceremonies for the Ist Anniversary Extravaganza RESOLUTION NO. 02-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, RECONFIRMING AND REAUTHORIZING THE PURCHASE OF THE RELAX INN PROPERTY LOCATED AT 222 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, IN THE AMOUNT OF $900,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been determined that the Relax Inn Property located at 222 N. Federal Highway, is needed for redevelopment purposes; and WHEREAS, the Community Redevelopment Agency by Motion on May 14, 2002, authorized the execution of an option contract for the purchase of the Relax Inn; and WHEREAS, the Community Redevelopment Agency by Motion on September 10, 2002, authorized the execution of the option to purchase the Relax Inn; and WHEREAS, .the Community Redevelopment Agency has determined that it is in the best interest of the public to purchase the Relax Inn for $900,000; NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA, THAT: Section 1. The Boynton Beach Community Redevelopment Agency hereby re- authorizes and reconfirms the purchase of the Relax Inn located at 222 N. Federal Highway in the amount of $900,000. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA, THIS / ~-b~ DAY OF ~ o~,~ ~,/,~ e..- , 2002. ~oOYNTON~MMU~TyEAR~CDHEvELOPMENT AGENCY ~~--~'~....~. ~xecuti~irector \UGCDE_FSkLIBRARY\1998\980465\RESOLR. esolution (Purchase of Relax Inn Property).doc 2 Sent By: WEINER & ARONSON PA; MI .CNAEL $. WEINER , CAROI. E J. ARONSON JASON $. MANKOFF October 10, 2002 Ms Janet Pminito, City Clerk City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Mr; Kurt Bres~ner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 561 272 6831; Oct-lO-~- WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House :!.02 North Swlnton Aver~ue Delray Beach, Rorlda 33444 Telephone: (561) 265-2666 Te~ecol~ec (561) 272-6832 E-mail: delrayiaw~bellsoul~ .net 2:44PU; Page 2/2 4 Via Tele~oDler & Rep_ ~lar Mail City Commission Hearing Our File No.: MARF002 Dear Janet and Kurt: On behalf of our client, Mr. Zuhair Mamuf and pursuant to Chapter 1.5, Arti~ie II, Section 2..q (E)(6) of the Boynton Beach Code, please consider this letter an .appeal of the decision by the CRAJ Board concerning the Administrative Order for the Gateway Texaco Gas Station item. Therefore, we re$1:~'tfully ' request that this item be removed from the Consent Agenda and be placed on the regular agenda~for the City Commission Hearing on Tuesday, October 15, 2002. ' to the C~o_~ission. Alternatively, Chapter 1.5, Article II, Section 2.1(E)(6) of the Boynton Beach Code makes no reference to an appeal being placed on the Consent Agenda. I also point out to you that the vote ~nargin of ~ Community Rodevelopment Agency was by a single vote, against our client's position. Theirefore, wa believe that we should have the opportunity to present testimony to the Commission. ; ; Thank you vep/much for your assistance in this matter. We look forward to presenting our I~osition MSW:ab cc: Mr. Steve Mamuf (via telecopier) Mr. Beril Kruger (via telecopier) Mr. Mike Rumpf (via telecepier) O:~Ir~ARFOO~I--,,~w Pralnito-~meMxir. O~ll Sent By: WEINER & ARONSON PA; 561 272 6831; 0ct-10- 2:43PU; Pag~ 1/2 $ H E E T To: Fax #: Subject: Date: Pages: Ms Janet Prainito, City Clerk 742-6090 City Commission Hearing Our File No.: MARF002 October 10, 2002 2, including this cover sheet COMMENTS: FAX I II IIIIIII III I II I From ~e desk:of... Mir, heel $. Weiner, Et4ulre Weiner & Arormon, 102 N. Swinton Avenue Dalray Beach, FL 33444 (561) Fax: (561) 272~831 Confidentiality Notice The inform~on cont~ifled in this transmission is attorney-client privileged and confidential. It is intended only fo~ the use of the individual or entity named above. If the reader of~is message i$ not the intended re,pipet, you are hdeby notified that any clissemin~tJon, disbibut~on or copy of this ~ommunlcaflon Is strictly prohib~ed. If you have received this commun~jon in error, please not~ us immediately by telephone, collect, and ,~tum the original messmge to us atthe above address via U.$. I~11, we w~ll reimbum~ you for ~ostege. Theflk you,