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Agenda 02-11-03COMMUNITY REDEVELOPMENT AGENCY Tuesday, February 11, 2003 Commission Chambers Boynton Beach 6:30 P.M. I. ' Call to Order. II. Roll Call. III. Agenda Approval: A. Additions, Deletions, Corrections to the Minutes. B. Adoption of Agenda. IV. Consent Agenda. A. IT Contract for CRA with City of Boynton Beach B. Membership into the Realtors Commercial Society of Palm Beach County C. Financials ... ~Liq V. Public Audience. VI. Public Hearing New Business Any person who decides to appeal any decision of the Community Redevelopment 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 CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Zoning Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Buchanan Variance (ZNCV 02-017)- James Buchanan James Buchanan 807 Ocean Inlet Drive (Coquina Cove) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-l-AA single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven (37%) maximum lot coverage within the R-l-AA single family zoning district. B. Abandonment 1. PROJECT: Schnars Business Center (ABAN 02-003) --~¢~ AGENT: Jeffrey T. Schnars, Schnars Engineering Corp. Schnars Business Center (ABAN 02-003), cont'd. OWNER: Ruth T. Dolly Any person who decides to appeal any decision of the Community Redevelopment 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 CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. LOCATION: DESCRIPTION: 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. Land Use Plan Amendment/Rezoninq 1. PROJECT: Schnars Business Center (LUAR 02-013) - ~ AGENT: Jeffrey T. Schnars, Schnars Engineerig Corp. OWNER: Ruth R. Dolly LOCATION: 924 North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed use (MX); and Request to rezone the subject property from C-4 Community Commercial and R-1-A single-Family Residential to Mixed Use-Low (MU-L) for an 8,754- square foot office-retail building on 0.52 acres. 2. PROJECT: Coastal Bay Colony (LUAR 02-014) - ~j~ AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Southern Homes of Palm Beach, LLC LOCATION: 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23rd Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Any person who decides to appeal any decision of the Community Redevelopment 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 CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportun/ty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchln.~on at 561-73%3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (iPUD) for 65 fee-simple townhouse units on 4.34 acres, Schnars Business Center (NWSP 02-024) _c~ Jeffrey T. Schnars - Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway DESCRIPTION: 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Request for new site plan approval for an 8,754 square feet. office/retail building on 0.52-acres in a proposed MU zoning district. Coastal Bay Colony (NWSP 02-026) - ~ Carlos Ballbe - Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23rd Avenue Request for new site plan approval for 65 fee-simple townhouse units on 4.34 acres in a proposed IPUD district. PROJECT: AGENT: Southern Homes Temp Trailer (NWSP 02-027) - cl 5;-.~ Carlos Ballbe, Keith & Ballbe, Inc. Any person who decides to appeal any decision of the Comrmlllity Redevelopment 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 CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CR~ to reasonably accommodate your request. OWNER: LOCATION: DESCRIPTION: Southern Homes of Palm Beach, LLC North Federal Highway and Chukker Road (Lots 62 and 63 of "Trade Wind Estates"). Request for new site plan approval for a 3,200 square foot temporary construction/office trailer on 2.26-acres in a C-2 zoning district. VII, Director's Report: A. Boynton Beach Boulevard Study RFQ -- ct~'7 B. Up date on RFQ Boynton Beach Boulevard Design/Build C. Relax Inn temporary fencing update - ~} VIII, Old Business: -- tlr)c) - ':rq A. Investment Policy and Florida Statues (Tabled) B. State Board of Administration (SBA) (Tabled) IX, C. Property acquisition status, invoice and consideration of RFQ for Real Estate Services. - c~lcI New Business: .-- I E)~'~"" A. Board Priorities Update- B. Consideration of Event Concepts, Schedule and Budgets '-- C. Event Accounting for December BODA/CRA event -. I O.~ D. Heritage Festival request for event funding - Any person who decides to appeal any decision of the Community Redevelopment 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 CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchi~,on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. E. Consideration of PBC Convention & Visitors Bureau Board Seat - F. Ocean District Study presentation G. Heart of Boynton Study update -, I 0,55 H. Purchasing Manual update .-.. X. Other Items: -. ID5~j Adjournment. Any person who decides to appeal any decision of the Community Redevelopment 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 CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 14, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Jose Aguila Alexander DeMarco Don Fenton Michele Hoyland 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 6:35 p.m. II. Roll Call The roll was called and all. members were present. II1. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Vice Chair Heavilin moved to approve the agenda. Motion seconded by Mr. Fenton and unanimously carried. IV. Consent Agenda B. C. D. Approval of Minutes - December 10, 2002 Financial Report Budget Transfer Request and Justification Adding a Fourth Signer to the Checking and Money Market Accounts Chairman Finkelstein removed Item D for discussion. 817 Meeting Minutes Community Redevelopment Agency Boynton-~Beach, Florida January 14, 2003 El' Request for Accounting Line Item Adjustment Motion Mr. Aguila moved to aPprove the Consent Agenda, as amended. seconded by Vice Chair Heavilin and unanimously carried. Motion D= Adding a Fourth Signer to the Checking and Money Market Accounts Chairman Finkelstein inquired if staff was looking to add another staff member as a signer to the accounts. Mr. Hutchinson responded that it would be beneficial to have another staff member who could sign checks. Checks would still have to be signed by one staff member and one Board member in the order that was previously approved. No two staff members would be allowed to sign checks. Staff was also recommending that a third Board member (Don Fenton) be added as an additional signer. Vice Chair Heavilin felt that having five signatories was too many and she did not see a need to add another Board member. Chairman Finkelstein inquired why there was a request to add a third Board member as a signer. Mr. Hutchinson responded that there have been occasions when both the Chair and Vice Chair were not available to sign checks. Chairman Finkelstein felt that either he or Vice Chair Heavilin were always available to sign checks. Motion Mr. Aguila moved to add the Controller as an additional signer. Motion seconded by Vice Chair Heavilin and unanimously carried V. Public Audience None VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. A. Abandonment Project: Agent: Location: Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3rd Street, South of NE 12th Avenue 818 2 Meeting Minutes Community Redevelopment Agency BoyntoFrBeach, Florida January 14, 2003 Description: Request for right-of-way abandonment of a 90- foot segment of NE 3rd Street, south of NE 12t~ Avenue Maxime Ducoste-Amedee presented the item on behalf of staff and explained that this was a follow up to a previous abandonment of NE 3rd Street. The City is requesting the abandonment of an unimproved, 40' wide right-of-way that is located on NE 3rd Street. The right-of-way is surrounded by single-family homes and would be converted to an easement for ingress, egress, drainage and utility purposes. The City will be abandoning the lot to the adjacent property owners, which is the Daise Temple Church of God in Christ. Mr. Ducoste-Amedee presented some background of the right-of-way that had been dedicated to perpetual use for the public and reserving to the developers or their successors the right of reversion if it was not used as designated. The Daise Temple made a previous request to abandon NE 3rd Street on June 16, 2000. However, the application was denied by the City Commission due to the redevelopment study (The Heart of Boynton) that the City was undertaking. Further, several departments had to install fiber optic communication cables before the abandonment. Also, there was a 6" water main along the right-of-way. At the time of denial by the City Commission, it was recommended that when the redevelopment study was completed, the applicant could submit another application. The Heart of Boynton Plan has been adopted; staff is now reprocessing the application, and is recommending approval of the abandonment. Further, all utility companies were properly notified. Staff is recommending approval of the abandonment, subject to staff's comments. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Ms. Hoyland noted that Condition #1 under utilities asks that the easement be dedicated to the City of Boynton Beach and was FP&L was agreeable to this. Mr. Ducoste-Amedee pointed out that the easement would be the same dimension as the right-of-way so that there would be no impact upon any of FP&L's infrastructure. Ms. Hoyland inquired if the entire property was going to be replatted. Mr. Rumpf stated that this could be done by a separate document. ,Motion Mr. Tillman moved for approval. Motion seconded by Mr. DeMarco and unanimously carried. 819 3 Meeting Minutes Community Redevelopment Agency Boyntor?Beach, Florida January 14, 2003 Bi Maior Site Plan Modification Project: Dakota Lofts (MSPM 02-006) Agent: Dror Trigger Owner: Dakota Lofts Development, Inc. Location: 3010 S. Federal Highway Description: Request for a major site plan modification for changes to the townhouse elevations and floor plans Eric Johnson presented the item on behalf of staff and noted that the project had been approved last year on January 15, 2002. Because the applicant applied for some revisions to the floor plans and the elevations, staff was not comfortable approving them administratively and decided to bring the revisions to the Board and the Commission for review and approval. There will be little change to the site and the landscaping since the previous approval, and the applicant was requested to only submit new floor plans and elevations. Mr. Johnson also noted that the site plan approval would be expiring on January 15, 2003. However, according to the Land Development Regulations, the approval of a major site plan modification would also extend the life of the site for another year. If the modification is not approved, the site plan would expire. The applicant also submitted a request for a site plan extension within the appropriate timeframe. The reason for the extension of the site plan is due to the failure of the applicant to pull a permit. Mr. Johnson pointed out that there was also a change of ownership for the project. If the Board does not approve the major site plan modifications, the Board would hear the applicant's request for a site plan extension at the next meeting. Mr. Johnson also pointed out that the conditions of approval were taken from the previous conditions of approval. He noted that the Board had some concerns the first time regarding some of the elevations and the windows on the east elevations facing the residential neighborhood. Some of the residents had concerns that the residents of the townhomes could look into their properties. Attorney Jerry Knight, representing the applicant, agreed to all staff comments and conditions. He reported that they would not be making changes in the site layout. The only changes being requested are changes to the architectural elevations that do affect the interior floor plans. The purpose of the changes is to make the buildings more aesthetically attractive and more uniform in appearance. A scale model of the project was presented that included the requested changes and colored renderings of the project both before and after the changes were distributed. Mr. Knight noted that the change of ownership took place last 82O 4 Meeting Minutes Community Redevelopment Agency Boynto~'Beach, Florida January 14, 2003 summer'and the new owners are trying to make the buildings more uniform in appearance. Mr, Trigger, the Project Manager, explained the various changes that they are requesting. They are trying to improve the rooflines to give the buildings a more up-dated look. The footprint of the buildings has not been changed. Mr. Knight also pointed out that the number of units has not changed. Mr. DeMarco asked if the square footage of the units would remain the same. Mr. Trigger responded that the unit sizes have been changed to be more uniform. Originally the floor areas ranged from 2,000 to 4,000 square feet. As a result of the disparity in the size of the units, bumps were created in the building. This has now been eliminated and there are only two floor plans. The units would contain 2,300 and 2,400 square feet. Chairman Finkelstein opened up the public audience. Since no one wished to speak, the public audience was closed. Mr. Aguila was not in favor of the project from an aesthetic point of view and could not support it. He felt that the design was mediocre with a little bit of fluff and is not the type of project that the Board would like to see along the Corridor. He also felt that the landscaping was sparse with no defined entrance to the development and does not represent the Board's vision for the City. He also questioned whether this was actually a major site plan modification, since it is still the same footprint with the same elevations. He also did not feel that one dumpster would be sufficient and that nothing was being done to improve the side of the buildings facing U.S.1. Ms. Hoyland noted that when the project was first approved with the conditions of the Board, the Board noted that the north and south elevations of the buildings on Federal Highway, as well as the western elevation of that building needed to be significantly improved. She further pointed out that this was the first project along Federal Highway on that side of the road, which makes it a gateway project into the City. At that time, the Board wanted to set standards for other developments coming into the City. Ms. Hoyland did like the elevations that faced the courtyard and pool and liked the dormers. She would like to see the enhancements on the inside of the project applied to the exterior of the project. Ms. Hoyland was not in support of the elevations in the rear of the building. Ms. Hoyland inquired what the minimum driveway aisle width for two-way traffic was, and Mr. Johnson stated it was 22'. Ms. Hoyland asked why this project was being allowed to have a 15' two-way drive aisle along the north and south boundaries of the project.- She did not think that a vehicle could be maneuvered 821 5 Meeting Minutes Community Redevelopment Agency Boynton~Beach, Florida January 14, 2003 in this Small a space. Mr. Johnson responded that this was reviewed and approved by Engineering. Mr. Rumpf reported that the Engineering Division holds projects to the City standards and if there is a different interpretation of the Code, they usually have a good reason. Engineering felt that because there were so few units going one way, it would not be very likely to have opposing traffic whenever a car pulls in or out of the driveway and there should be sufficient space. Ms. Hoyland noted that this was not an issue for consideration by the Board tonight, but she had concerns with the 15' drive aisles. She did like the recreation area with the pool and the marina and docking area. She felt that with some minor improvements, the project could become a better quality development. Chairman Finkelstein recalled at the first hearing, the Board asked that the rear elevation facing Federal Highway, as well as the south and north end of that building, be enhanced and questioned why this was not a condition of approval. Chairman Finkelstein inquired if there was a bath at the pool and cabana and was informed there was-none. He also asked about a wall along Federal Highway, which was not on the artist's rendering, and which is included in condition #10. Mr. Knight responded that there will be a wall along Federal Highway, as well as a landscaped area. They had intended to bring back the wall approval as a separate item. Chairman Finkelstein also inquired about signage, and Mr. Knight said that this would also come back for review. Chairman Finkelstein also requested that the applicant address the notation of removable bollards that is'on one of the plans, Press Tompkins, the Project's Engineer said that this was addressed with the Fire Department and by providing removable bollards, a 40' opening has been provided at the end of the property for use by emergency vehicles. Therefore, the gate would be a removable bollard. Mr. Johnson requested that if the Board members had specific recommendations, they should be made tonight so that they could be included with staff's report. Chairman Finkelstein also had concerns about the eight unit building that faces Federal Highway. He also would like to have more information on the wall. Mr. Trigger stated that they had to submit plans for the project on Federal Highway to the State for approval. After they receive the State's approval, they would provide the City with the plans for this area. They would like to put in a landscaped area instead 0f a paved area along the sidewalk. They also intended to include a 6' wall along the property line that would be highly decorated by local artists for uniqueness. 822 6 Meeting Minutes Community Redevelopment Agency Boyntod-Beach, Florida January 14, 2003 Chairman Finkelstein requested that the applicant address the Board's concern about the elevation of the western building on Federal Highway. Mr. Trigger said that they have not made any changes to this building and the balconies have been moved 4' outside the building. The line of the balconies does not infringe on the footprint of the building. Chairman Finkelstein reiterated the Board's concerns that they feel that more improvements need to be made to the building that faces Federal Highway and the landscaping on Federal Highway needs to be improved. Mr. Knight felt that the project, when completed, will present a much better image on Federal Highway as the result of the new landscaping and decorative wall. Mr. Aguila said that he would like to see this first before the Board approves the project. Mr. Knight said that they would be willing to readdress the Board's concerns and suggested that the Board's requests be made a condition of approval. He would like the project to continue to move forward. Mr. Knight said that they have resolved the outstanding issues, including Bamboo Lane, and would like to proceed. Chairman Finkelstein pointed out that condition #2 addresses the landscaping along Federal Highway and condition #3 addresses the bollards. However, condition ~4 has not been provided. He said that he would still want to see an enhancement of the elevation of the building facing Federal Highway before approving the project. Ms. Hoyland was of the same opinion, and she would also like to see details of the wall. Chairman Finkelstein pointed out that the wall would be coming back to the Board. Mr. Rumpf noted that anything that is discussed involving the site itself that represents a change has not been reviewed by staff. The only changes that generated the applicant's request was a change in the elevations. Any wall added would have to be reviewed by staff. Ms. Hoyland pointed out that this Board's original request to see a change in the elevation of the building on Federal Highway was made a year ago. She would like the elevation being presented tonight to come back to the Board. Mr. Knight asked that those changes be made a condition of approval in order to move the project forward. Mr. Tillman also pointed out that it has been a year since the odginal approval and no building permit has been pulled. It is only because the permit is about to expire that the applicant is now coming back to the Board with a few modifications. Mr. Tillman asserted that the applicant has not demonstrated good faith. Ms. Hoyland pointed out that if a 6' wall were added, it would block any ornamentation added to the building and only the second and third floors would be visible and those are the floors w~th the least amount of detail. 823 7 Meeting Minutes Community Redevelopment Agency BoyntomBeach, Florida January 14, 2003 Mr. Rumpf suggested that the Board offer these recommendations to add certain elements to the side of the building before the item goes to the Commission for consideration. Mr. Aguila would like to have more articulation added to the building, plus more banding, color and detail in order to make a statement. He felt that a lot of things could be done to improve the building that would not cost a lot of money. (Mr. Fenton left the meeting at 7:30 p.m.) Chairman Finkelstein pointed out that when the Board approved the Harbors project, the Board requested that the project come back to the Board for approval of the changes. He felt that this same condition could apply to this project as well. Mr. Knight said they are agreeable to what the Board would like to see on the building facing Federal Highway, as well as the ends of the building. He said that the new owners are trying to do the right thing and they were not aware of all the details of the conditions of the prior approvals. They have had a lot of issues to deal with and they are trying hard to move forward. Mr. DeMarco inquired if the applicant agreed with all 10 conditions, and Mr. Knight said that they have no objections to the conditions. Further, they agree to improve the elevations, as well as adding the wall. Mr. Aguila said he would be willing to make a motion in order to move the project along and have it approved by the City Commission, subject to conditions. Motion Mr. Aguila moved for approval, subject to the following conditions: 1. The eight-unit building on Federal Highway be substantially improved aesthetically, even if the units had to be changed. 2. The architecture needs to be improved both horizontally and vertically to break up the buildings by taking advantage of color, texture, architectural elements, etc. 3. That this Board sees the improvements prior to the applicant pulling a building permit. Ms. Hoyland asked Mr. Aguila to consider amending his motion to include another condition as follows: 4. When the review of the elevations comes back to this Board, before and after plans be included in the agenda packet. 824 8 Meeting Minutes Community Redevelopment Agency Boynto~Beach, Florida January 14, 2003 Mr. Aguil'a agreed to amend his motion to include this additional condition. Ms. Hoyland seconded the motion that unanimously carried. C. Code Review Project: Agent: Location: Description: Limited Access Self-Storage (CDRV 02-004) City of Boynton Beach C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial Zoning District Citywide Request to amend the Land Development Regulations, Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d) and 11.O: To restrict self-storage facilities to the M-1 Industrial Zoning District; and To amend the supplemental regulations governing SELF-SERVICE STORAGE FACILITIES (MINI-WAREHOUSE) to remove all references to the C-1 Office/Professional Commercial Zoning District Dick Hudson, Senior Planner presented the item on behalf of staff. Mr. Hudson noted that in 1998 the ComprehenSive Plan was amended to allow self-service storage (limited access-mini warehouse uses) in the office and commercial land use classification. The original intent of the amendment was to only allow those types of uses in C-1 or M-1 zoning districts. However, a recent interpretation allowed this type of facility to be built in a C-3 zoning district, which was approved for South Federal Highway. Staff has since issued a Notice of Intent to stop. any more applications for storage uses. Staff is now taking these self-storage warehouse uses out of all commercial districts designated C-1 through C-4 limiting them to M-1 industrial districts only. Staff conducted a study of these uses and has determined that only three of these uses Will now become non-conforming once the change takes place. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Aguila moved to approve. Motion seconded by Mr. Tillman and carried 5-0. 825 Meeting Minutes Community Redevelopment Agency Boyntor~Beach, Florida January 14, 2003 Mr. DeM'arco stated that he had a voting conflict because he is involved with a storage company and abstained from voting. Attorney Payne advised Mr. DeMarco that he must complete Form BB. VII. Director's Report Mr. Hutchinson reported on the following: A. Updates 1. Workshop Date - January 23, 2003 at 6:00 P.m. at City of Boynton Beach Library Because staff is unable to have all the information on the projects at staff level ready for the workshop, it is necessary that it be cancelled. The survey 'quotes for the Hall property were handed out to the members for informational purposes. All three quotes came in under $5,000. Staff would like direction regarding the lot of the former Relax Inn. Currently it is a sand pit. Mr. Hutchinson asked if the Board would like to have a temporary fence placed on the property. Chairman Finkelstein inquired why the entire parking lot was not demolished. Mr. Hutchinson responded that this was done to handle the shortage of parking in that area. Even if the area is fenced in, parking could still take place. Chairman Finkelstein recommended that staff contact a fence firm to put a construction fence or orange netting around the property. Mr. Hutchinson said that he would bring back some options to the Board. February appears to be a very busy month for the Board. There are already at least 10 planning and zoning items on the agenda and it will probably be necessary to have an additional meeting on the third Thursday of the month. E. Items staff are working on are - (ii) The Ocean District Study that should be ready next month; The Museum project; 826 10 Meeting Minutes Community Redevelopment Agency Boynto~Beach, Florida January14,2003 (iv) (v) The wayfinding signage program. Designs should be available next month for review by the Board; Phase 2 property acquisitions of MLK; and The LDR is being rewritten, and a meeting has been scheduled for tomorrow at 3:00 p.m. Members requested that the workshop be set for late in the month of February so that they would have an opportunity to review the Ocean District Plan and wayfinding designs before the workshop. VIII. Old Business A. Consideration of Fa(;ade Grant for Grace Fellowship Church (tabled from the December 10, 2002 CRA Board Meeting) Mr. Aguila noted that this item was tabled last month because the Board was confused about the process and also the applicant ~as not present. Mr. Aguila said that people were pleased to see that enhancements were being made to the property, but the Board has some concerns regarding the west and north elevations of the building. Mr. Aguila pointed out that the applicant has requested a grant of $5,000, but he would be willing to recommend $15,000 to allow the applicant to make substantial improvements to the north and west sides of the building. Chairman Finkelstein reminded the applicant that the grant was a matching grant. Motion Mr. Aguila moved to remove the item from the table. Motion seconded by Vice Chair Heavilin and unanimously carried. The architect for the project presented the request on behalf of the owner of the property. Because of all the improvements being made along Federal Highway, the owner wanted to also improve his property. They do not plan to add any square footage or parking; they are merely improving the property to make it look better for the benefit of the City. Landscaping islands are being added to the parking lot. A canopy has been added to the front of the building to provide shade, as well as to allow people to walk the length of the building safely from the elements. He pointed out that in the back of the building there are a great deal of utility and power lines, and it would be difficult and expensive to improve this area if they had to move the utilities. 827 11 Meeting Minutes Community Redevelopment Agency Boyntor~Beach, Florida January 14, 2003 The landscape plans were presented to the Board, as well as the enhancements that would be made on the west side of the property. Mr. Aguila would like to see a double wide dumpster added that could be placed in the single parking space next to the current dumpster and asked that the applicant consider this request. Also, Mr. Aguila would like to keep the metal awning on the west and not use canvas because the metal would last longer. He would also like to see the molding be continued around the west elevation and suggested that it could be painted a different color. He would like to have the air conditioning and vents from the laundromat screened, which he felt could be done by utilizing lattice. He also suggested that the building be painted in two colors instead of one color. The architect noted that the owner of the property is spending $300,000 on the project. He stated that banding the building is difficult because there are power lines on the back of the building. He did not think that changing the dumpster would be a problem. With regard to screening the air conditioning units, he felt that if lattice were put around the units, the lattice would deteriorate over time and would make the situation worse. Mr. Aguila did not realize that there were so many power lines on the property and noted that it would not be feasible to rewire the building. Mr. Aguila asked that they make every practical effort to provide some screening of units for the benefit of the western residents. Ms. Hoyland felt that the use of the awnings would add an additional color to the property and would offset the rear of the building. She did not feel that canvas awnings would be a problem. She would also like to see the building painted in two colors, but did not think that the banding was necessary. Also, she would like to see some kind of screening even by utilizing landscaping. Mr. Aguila would like to recommend a $15,000 matching grant and asked the applicant to modify their request to $15,000. Mr. Tillman inquired if the Board could authorize a grant more than what the applicant applied for and would this set a precedent. Attorney Payne responded that this would not set a precedent, and the Board could increase the grant. Mr. Tillman suggested that the applicant contact Tony Newbold at the Chamber of Commerce, who represents FP&L to see if they would be willing to assist with improving the back of the building. 828 12 Meeting Minutes Community Redevelopment Agency Boyntor~Beach, Florida January 14, 2003 Motion Mr. Tillman moved to apprOve. Ms. Hoyland seconded the motion and noted that the motion included the maximum of the grant prOgram in the amount of $15,000. Mr. Hutchison recited the recommendations made by the Board as follows: III. iv. The applicant would add the landscaping as presented. The southwest dumpster site would be expanded. The elevations would be painted two-tone. Screening the backside of the building as much as possible. Vice Chair Heavilin felt that this is going to be a wonderful imprOvement for Federal Highway. Vote The motion unanimously carried. (Mr. Ti//man /eft the meeting at 8:20 p.m.) RECESS WAS DECLARED AT 8:20 P.M. THE MEETING RECONVENED AT 8:30 P.M. B. Consideration of a Direct Incentive Program Mr. Hutchinson noted that it was the intent to provide flexibility in the program. Staff is recommending that the PrOgram not be based upon a job creation mechanism because it is difficult to construe what full time versus part time means, and what is a real job, etc. This is a system that will work on ratios and the projects could go up or down, depending upon the modifications made. Therefore, the incentives would have to be adjusted accordingly. It is important to have flexibility. The Board has reviewed the program several times and members' comments have been added in color to the actual document in order to provide staff with more direction. The following comments and recommendations were made: Mr. Aguila stated that on Page 760, in the fifth paragraph it states, "If the application is denied, the applicant shall have the right to resubmit a revised application for reconsideration." Mr. Aguila inquired how often 829 13 Meeting Minutes Community Redevelopment Agency Boyntorr~Beach, Florida January 14, 2003 could an applicant resubmit. After discussion it was decided to delete the words "shall have the right to" and to substitute the word "may." Vice Chair Heavilin had a question regarding the "program scoring criteria." She inquired if the Board could request that the owners °nly rent to these types of tenants. Chairman Finkelstein said that this was not the intent. What this means is that certain types of tenants would score higher than other types. Chairman Finkelstein requested that the Board go back and start at the beginning of the document. Chairman Finkelstein noted that the first sentence in the last paragraph on Page 753 states, "An area that Staff seeks direction is the element of 'need' that the project applicant is to show, if any." He questioned whether this was necessary and requested it be eliminated. On Page 756, Chairman Finkelstein felt that the fifth paragraph was not clear and should be eliminated. Mr. Hutchinson responded that the previous owners of the Marina Project were required to use these standards and there are companies that routinely do these assessments on incentive programs. It was agreed to leave this in. On Page 757 in the section titled "Type of Project (up to 20 pts)," Chairman Finkeistein thought that "Hotels/Conference Centers" should receive 20 points. Mr. Aguila felt that 10 points would be appropriate because this was-not in the mixed-use category, which deserves more points. After discussion, it was agreed that this category would receive up to 20 points. On Page 757 in the same section, Chairman Finkelstein did not think that medical/health care should receive up to 15 points. Mr. Hutchinson recommended listing all the projects without any points and state "up to 20 points." At the time the project is reviewed, the appropriate points could then be applied.. There was a consensus to word the section as suggested by Mr. Hutchinson. Vice Chair Heavilin requested that "business and financial services" be separated from "medical/health care services." On Page 757, in paragraphs 5 and 6, the "up to 10 pts" would be deleted. Therefore, any category could go up to 20 points and the total amount a project could score would be 120. On Page 758, "Economic Impact, "Mr. Hutchinson will furnish the members with some documents for the Board to review. He explained the reasoning for this paragraph is that there are some projects that could create negative impacts. On Page 758, last paragraph, Chairman Finkelstein requested for clarification that the first sentence be changed to read, "The incentive 830 14 Meeting Minutes Community Redevelopment Agency Boynto~Beach, Florida January14,2003 Shall be normally disbursed in ten (10) annual installments..." Attorney Payne suggested adding to Page 758, in the middle of the page, a sentence that would read, "However, the CRA may consider other financial considerations being made to the project, such as City of Boynton Beach contributions or incentives to determine the final amount or the timing of the disbursements." This would allow for more flexibility because the program has been set up as a reimbursement program. Attorney Payne also stated that the last paragraph on Page 760 needs to be changed the same way to be consistent. Therefore, there was a consensus that the paragraphs discussed on Page 758, "Establishing Incentive Percentage", and on Page 760 "Request for Incentive Funds" should be changed as discussed. Chairman Finkelstein questioned the need for the third paragraph on Page 760 that states, "Staff shall secure third party credit information and background checks on Applicants(s)." He pointed out that performance bonds would have to be furnished in order to receive credit. Ms. Hoyland disagreed and felt that this should remain. Mr. Hutchinson pointed out that if credit history was furnished, it would become public record. Ms. Hoyland inquired where this wording came from and Mr. Hutchinson responded that many applications where money is lent have this statement. Chairman Finkelstein felt this was not applicable to the program. Except for Ms. Hoyland who dissented, there was a consensus to remove this language. On Page 760, the sixth paragraph, the appeals process will be eliminated. On Page 762, in the first paragraph 5, Chairman Finkelstein would also like a resume on the "principals" instead of "contact person" so that the "applicant and principals" would furnish resumes. On Page 763, Paragraph 8 that states "property value and inflation increases shall be no greater than 3% annually." Chairman Finkelstein suggested that this be included with the feasibility study as a separate paragraph. Chairman Finkelstein requested that Pages 764 and 765 be deleted. Motion Vice Chair Heavilin moved to accept the Direct Incentive Program with the changes. Motion seconded by Mr. Aguila and unanimously carried. iX New Business A. Consideration of RFQ for Design/Build Services for Boynton Beach Boulevard Project. Mr. Hutchinson reported that by doing an RFQ, it would cut costs and put together a team for the primary project, which is the Boynton Beach Boulevard 831 15 Meeting Minutes Community Redevelopment Agency Boyntor~Beach, Florida January 14, 2003 ExtensiOn, Promenade and Riverwalk. Also, if any problems or issues surface, the same team could be used again to do a design/build. All the notices are ready to be published and the packages are ready to go out. There will be a 15- day response period due on February 3, 2003. This will provide staff time to review the responses that would be furnished to the Board on the following Tuesday to decide on how to proceed. Ms. Hoyland suggested that this be discussed at the February workshop and that it be put off to the March meeting. She did not think there would be enough time to review the information if it were placed on the February agenda. Chairman Finkelstein would like to move on this as soon as possible. Chairman Finkelstein asked if staff was prepared to provide the information at the February meeting. Mr. Hutchinson felt that if Chairman Finkelstein assisted with the review, as well as Jeff Livergood, Public Works Director, it could be done. Mr. Aguila pointed out the issues that he had concerns with and Attorney Payne reSponded that she has not read the document. Discussion ensued on whether the same team could be used more than once, and Attorney Payne said that she would have to check into this also. Attorney Payne felt that the RFQ had to be project specific and could not be used again. Chairman Finkelstein did not want to hold up the project for this reason and it could be decided at a future time whether it was in fact project specific. Mr. Aguila suggested that for now the RFQ be treated this way. Board members had the following comments, questions and suggestions: Mr. Aguila noted that on Page 778 the sentences in section 5.2.5, which read, "These projects should be located in Florida. Projects undertaken outside of the State of Florida will not be considered as part of the selection" were too restrictive. It was agreed to eliminate these two sentences. Discussion ensued on whether the furnishing of financial statements as required on Page 778 was necessary. It was decided to leave the wording as is. Attorney Payne pointed out that this requirement is common. Chairman Finkelstein pointed out that on Page 771 in Section 1.0, second paragraph "4000 foot" is incurred. The correct figure is "1300." On Page 772, under "Drainage", Section 2, Chairman Finkelstein requested that the wording "as identified within the attached scope 832 16 Meeting Minutes Community Redevelopment Agency Boyntor~-Beach, Florida January 14, 2003 of work" be. deleted "analysis." and a "period" be inserted after the word On Page 772, Paragraph 4. under "Boardwalk", Finkelstein suggested inserting the words "Mangrove the word "existing" and prior to the word "boardwalk." Chairman Park" after On Page 773, in Paragraph 4.3, the date "Friday, January 10, 2003" should be changed to "Monday, February 3, 2003." On Page 783, Chairman Finkelstein requested that the word "FIRM" be defined or change the word to "PROPOSER TEAM." Also, in the same section the word "ARCHITECT" needs to be changed to "PROPOSER TEAM." Wherever the word "Firm" appears, this should be changed to "Proposer Team." On Page 784, in the third line of the first paragraph, "$50,000" in general liability insurance should be changed to "$1,000,000." Also, on the same page in the last line of Section IX:, the "$2,000,000" should be changed to "$1,000,000." Also, the words "shall not exceed twice the total compensation received by the FIRM under this Agreement or" and "whichever is greater" in the first paragraph should be deleted, so that the sentence would read "...shall not exceed $1,000,000." Chairman Finkelstein pointed out the inconsistency on Pages 785 in the last paragraph of Section X where it states "CRA and the CRA Board" and on Page 783 it states "CRA and the CITY Commission. This needs to be changed for consistency. v' Also, wherever the words "PRIME DESIGN PROFESSIONAL" appears, it needs to be changed to "PROPOSER TEAM." (Mr. DeMarco left the meeting at 9:45 p.m.) On Pages 783 and 785 "$2,000,000" should be changed to "$1,000,000" ~rconsistency. Members next discussed the timing of advertising the RFQ. Mr. Hutchinson pointed out that after publication on Sunday, January 19th, there are 15 days for response time, i.e., Monday, February 3rd at 4:00 p.m. Vice. Chair Heavilin inquired if all the changes could be made in time for the publication date. Mr. Hutchinson felt that the dates could still be met. Ms. Hoyland did not think that 15 days was enough response time. After discussion, it was determined to move forward as recommended by staff. 833 17 Meeting Minutes Community Redevelopment Agency Boynton~Beach, Florida January 14, 2003 Attorney Payne recommended stating who the selection committee was in the RFQ, but members felt that this was not necessary as long as it states there is a "Selection Committee." Motion Mr. Aguila moved to mOve forward with the recommended dates. Motion seconded by Ms. Hoyland and unanimously carried. B. Recommendation for Outside Annual Audit. Motion Mr. Aguila moved to approve. Motion seconded by Vice Chair Heavilin and unanimously carried. Motion Vice Chair Heavilin moved to table items C. and D. under New Business. Motion seconded by Ms. Hoyland and unanimously carried. C. Investment Policy and Florida Statutes D. State Board of Administration (SBA) X. Other Items XI. Adjournment There being no further business, the meeting properly adjourned at 10:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (January 14,2003) 834 18 IV. Consent Agenda. Any person who decides to appeal any decision of the Community Redevelopment 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. 835 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 836 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: IT Contract For CRA with City of Boynton Beach DATE: JANUARY 21,2003 Attached is a contract from the IT Department of the City of Boynton Beach which I have sent to Lindsey Payne for Legal Counsel for approval. We will be piggy backing onto the City of Boynton Beach with this contract. Our computer network is linked directly to the City of Boynton Beach through a T- 1 line. We received programs, City e-mail and scheduling, Web Hosting, GIS and free internet access through our link. The contracts cover base operations, licenses, fees, support, etc. SPecial projects will be billed on a as needed basis. Our 2002-2003 budget has $12,000.00 budgeted for the iT support which is the amount of this proposed contract. Also note that the CRA does contract with the City Clerks office for services. Staff is recommending that the CRA approve the contract with the IT Department of the City of Boynton Beach. 837 AGREEMENT TECHNICAL SUPPORT THIS AGREEMENT, made and entered into this by and between: day of ., 2002, COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA, a public agency, having the address, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred to as "CRA"), and CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of its Information Technology Services Department, having the address, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred to as "ITS"). WHEREAS, at its meeting of ,2002, the City of Boynton Beach approved entering into this Agreement with the CRA, providing for the provision of technical support services by ITS to the CRA; and WHEREAS, at its meeting of Agreement with ITS; and ., 2002, the CRA approved entering into an NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CRA and ITS do mutually agree as follows: PROJECT DESIGNATION. ITS is retained by the CRA to perform computer technical services in connection with the day-to-day governmental operations of the CRA. SCOPE OF SERVICES. ITS agrees to perform the services, identified in the document, entitled, Client Agreement and Conditions for CRA Technical Services," which is attached hereto and made a part hereof as Exhibit "A". Ail materials, equipment, and supplies necessary for ITS to perform said services shall be the responsibility of CRA. CRA shall use its best efforts in cooperating with ITS in providing the information and documentation necessary to ITS in the performance of the Technical Services under this Agreement. CRA Technical Services 83 8 Rev. 11-06-02 TERM. Work under this Agreement shall commence upon the giving of written notice by the CRA to ITS to proceed. This Agreement shall be effective on ,2002, and shall terminate upon mutual agreement of the parties hereto or upon at least sixty (60) days' notice of intent to terminate from one party to the other. o PAYMENT. ITS shall be paid by the CRA for services rendered under this Agreement as follows: ao ITS shall be paid the sum of Twelve Thousand ($12,000.00) Dollars for the first year of this Agreement. Payment for additional services as defined in Exhibit "A" shall be in accordance with Exhibit "A". Annual payments shall be made to ITS by CRA, in advance in equal amounts on a quarterly basis. Co The annual payment to ITS shall increase by five (5%) percent for each year this Agreement is renewed, said increase to be effective on each annual anniversary of the effective date of this Agreement. Payment as provided in this section shall be full compensation for work performed, services rendered. The parties agree that should the demands on ITS increase as a result of additional work stations, additional employees of the CRA, or changes to the CRA Hardware and Software Inventory, the CRA and ITS shall renegotiate the annual fee paid under this Agreement upon receipt of a written request from ITS to renegotiate. COMPLIANCE WITH LAWS. ITS agrees to perform the services contemplated by this Agreement, and faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. INDEMNIFICATION. Each party agrees to be responsible for its own acts, omissions, and negligence, and the acts, omissions, and negligence of their respective employees, agents, and servants. Nothing in this Agreement is intended to be construed as a waiver of the protections, limitations, and immunities afforded the parties Pursuant to Section 768.28, Florida Statutes. CRA Technical Services Rev. 11-06-02 2 839 o o 10. 11. 12. INDEPENDENT CONTRACTOR STATUS. a. ITS and its employees, subcontractors, volunteers and agents, shall be and remain independent contractors and not agents or employees of CRA with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. b. CRA will not be responsible for reporting or paying emploYment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state agencies. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT. During the performance of the Agreement, ITS shall not discriminate against any employee or applicant for emploYment because of race, religion, color, sex or national origin. ITS will take affi afire action to ensure that employees are treated during emploYment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: emploYment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ITS shall agree to post in conspicuous places, available to employees and applicants for emploYment, notices to be provided by the contracting officer setting .forth the provisions of this non-discrimination clause. NON-EXCLUSMTY. This Agreement is considered a non-exclusive Agreement between the parties. The CRA shall have the right to purchase the same kind of services to be provided by ITS hereunder from other sources during the term of this Agreement. ASSIGNMENT. ITS shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CRA. NON-WAIVER. Waiver by the CRA of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. TERMINATION. This Agreement may be terminated for convenience or cause by either party by providing at th/rty (30) days notice to the other party. Should termination be for convenience, termination shall be without liability to the terminating party. In the event of any termination, ITS shall be paid the pro rata sum for services performed. CRA Technical Services Rev. 11-06-02 3 840 13. 14. 15. 16. 17. DISP. UTES. Any dispute out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. NOTICES. Notices to the CRA shall be in writing and sent via U.S. Mail to the following address: CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 Notices to ITS shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: Peter Wallace, ITS Director SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed fi:om the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between ITS and the CRA and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both ITS and CRA. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 4 CRA Technical Sen, ices ~ev. ]]-o6-o2 841 18. 19. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either party based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be conslamed with their common meaning to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 20. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties acknowledge and understand that the roles, regulations and statutes regarding public records are applicable to this Agreement and the services provided thereunder. CRA understands that public records as defined in Chapter 119, Florida Statutes, created with CRA computer equipment, software and hardware, including but not limited to e-mail and internal memoranda, constitute public records under the laws of the State of Florida, and are subject to disclosure un/ess otherwise exempt. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CRA Technical Services Rev. 11-06-02 5 842 IN WITNESS OF T~ FOREGOINGi the parties have set their hands and seals this __ day of ,2002. CITY OF BOYNTON BEACH COMMUNI~ REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH Chairperson Mayor Attest/Authenticated: Janet Prainito,City Clerk APPROVED AS TO FORM: - City Attorney CRA Technical Services Rev. 11-06-02 6 843 Exhibit 'A' CRA Hardware and Software Inventory (PO# 021773) HARDWARE Item Manufacturer Model Serial Number CPU Dell Optiplex GX240 6B63T11 CPU Dell Optiplex GX240 1B63T11 Laser Printer HP 4100N SUSLNF07140 Ink Jet Printer HP CP1700 Scanner HP 5490 CXI Digital Camera HP PhotoSmart 318SE Label Writer Dymo Labelwriter 300 Ethernet Hub Nortel 16-Port 00625 SOFTWARE Microsoft Windows XP Microsoft Office XP Professional suite GISmo CAS Microsoft Project 2000 844 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Membership into the Realtors Commercial Society of Palm Beach County DATE: JANUARY 21, 2003 Attached is an application for affiliate membership into the Realtors Commercial Society of Palm Beach County which staff has chosen to join. Staff feels that the Community Redevelopment Agency of Boynton Beach should join the Realtors Society to coordinate the downtown development of Boynton Beach. This is an excellent opportunity to network with realtors on the development opportunities available for their clients. Developer and realtor activities are very active now in Boynton Beach and this networking keeps the CRA and the private sector abreast of current project status. This application was presented for discussion by the CRA Board as to its relevance to the CRA and whether the CRA should or should not belong to the Realtors Commercial Society When the 2002-2003 budget has developed $2,000.00 was placed in the category of licenses, fees, permits, membership, subscription, books and publications. The CRA has membership in the Urban Land Institute, Florida Redevelopment Association, Greater Boynton Beach Chamber of Commerce, International Council of Shopping Centers and Costco. We also .have subscriptions to Palm Beach Post, Sun Sentinel, and CD Publication. In addition please see that attached memo and information on this important opportunity for the CRA in Boynton Beach. The CRA has been invited to 845 participate on the Board of the PBC Convention & Visitors Bureau Board at a cost of $500.00 one time fee. Staff is recommending that the CRA approve the application with the Realtors Commercial Society of Palm Beach County and Board Membership on the CVB Board.. 846 REALTORS® COMMERCIAL SOCIF~TY of Palm Beach County 3200 N. Military Tr., STE 110, Boca Raton, F1 33431 * Phone (561) 997-8266 *Facsimile (561) 241-3127 APPLICATION FOR AFFILIATE MEMBERSHIP (PLEASE TYPE OR PRINT LEGIBLY) Firm Name: City Representative for Firm: of Boynton Beach Community Radevelopmant Agency Douglas Hutchinson B~inessAddress: 639 E. Ocean Ave. Suite 107 Boynton Beach, (include Suite, City and Zip Code) Telephone:. 561 -737- 23 K6 FAX~ ~ 1 _7 q7_2358 E-mail address: hutchinsondac~ _ boynt~n-b~_~o.h _ ~] ~ ~s Length of time in business: 21 y~ v'.~ Fi 33435 Purpose of request for membership: If Corporation or Partnership name all officers or parmers:. ~r)~-rl i n~ (- inn i n r)ou'n tO!q~l N/A Go~,ev'ment _~_~ency If recommended by a member ofthi.~ Society, please name: A ] e w~ ,~ ~r n,=m_a rc9 Business Keferences (3): E~w~r~ .Tnn~.~ ~ ~'r~mp~y _ non Fent_~n · ~a]f!~h ~ea!ty - .Yeann9 Heav!!in Do you or any officer or partner currently hold a Florida Real Estat~ License? If yes .... Active Inactive License Number If Active, with whom is license registered. Firm Address: Business Type (Select One): Yes .. No ~m) Attorneys Builders ~ Financiai Banking Education Inspection Cleaning Service Land Surveyor X Other: What ~pe 0fbusiness.. Please make check payable to: REALTORS Commercial Society ofPakn Bch. Co. Signature of Applic ..... IN SUPPORT OF THIS APPLICATION, I AM ATTACHING A CHECK COVEKING: m Dues (applications received between I0/01 - 03/30): $290.00 $ b. Dues (applications received between 04/01 - 09/30): $145.00 $ c. Dual Membership fee (10/01-03/30): $150.00 $ ~1. Dual Membership fee (04/01-09/30): $ 75.00 $ REALTORS® COMMERCIAL SOCIETY of Palm Beach County 847 Insurance Miscellaneous Savings & Loan Media Mortgage Title Company Printing/Mailing Service Photography MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Financials DATE: February 6, 2003 Explanation of Financials Staff will now be providing the Board a Monthly Financial Report containing the following: a "Balance Sheet", "Income Statement", "Budget to Actual Income & Expenditures Comparison", explanation of activities for the month and a key description of each expense and income category in order to provide the clearest understand of the financial position of the CRA.' When reviewing the "Budget to Actual Income & Expenditures Comparison" the "Total Reserve Balance" at the bottom of the page is balance carried forward to the "Current Period Beginning Balance". When reviewing the "Balance Sheet", please note the "Accrued Liabilities" include payroll taxes, SUTA and Health InsUrance. The "Note Payable" reflects the current balance of the Note Payable to Bank of America. When reviewing the "Income. Statement", we have included all "Income" and "Current Expense for the Current Month" and additionally the "Total Income" and "Total Expense Year to Date". 849 Notes on Financials: We received the TIF check for Palm Beach County Taxes. When both City and County TIF checks were combined there was a $344,971.08 shortfall from projected TIF revenue due to exemptions given to properties in the CRA area (reference attached sheets for categories). We have contacted the Palm Beach Property Appraiser office and spoke to Ken Wong, CFE about the short fall between their initial tax projections and actual TIF Funds. They have provided a listing of the properties and the reasons the exemptions were given. We are also going to determine if the CRA will recapture any portion of the $344,971.08 in the next tax year. We will be reporting back to the CRA board with our findings and adjusted forecasts. We also received the final transfer of CRA funds from the City of Boynton Beach. Note that at the completion of the City of Boynton Beach Outside Audit we will receive a copy of the Audit and will forward cOpies to the CRA Board upon request. We would also like to correct a statement on the financials for December. The interest rate on the money market was: October 2.08% November 1.88% December 1.55 %' We placed the TIF checks in the Money Market Account and are now retaining a $4000.00 minimum amount in the Operating Account with the balance of the funds located in the Money Market Account to earn interest. We received $7,693.67 in interest on our Money Market Account for January 2003. We have produced two payrolls in January with electronic tax deposits being made on a bi-weekly basis. We had normal expense for utilities and supplies for the month of January. 85O The Final check was paid to The Urban Group on the Relax Inn for Real Estate Services. We paid Cushing Demolition and National Construction for the fence rental this month which will be reflected in next months financials. Please also note the attached memos for Request for Accounting Line Item Adjustment. 851 The City of Boynton Beach FINANCIAL SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Bo2/nton Beach, Florida 33425-0310 City Hail: (561) 742-6310 FAX: (561) 742-6316 December 23, 2002 Boynton Beach Community Redevelopment Agency Atto: Susan Vielhauer, Controller 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Dear Susan: On December 20, 2002 we received notification the Palm Beach County Property Appraiser had issued the Final Tax Roll valuations. Enclosed in the Community Redevelopment Agency payment of $835,628.92 for FY 203 from the City of Boynton Beach in conformance with Chapter 163.387,.F.S., calculated as follows: Base Year Value FY 2003 Final Taxable Value Final Tax Increment FY 2003 City Operating Millage Incremental Revenue Statutory Reduction Factor Final Tax Increment Kevenue $291,906,169 $407,644,247 $115,738,078 7.6000 $879,609.39 .95 $835,628.92 Sincerely, Mary Munro Budget Coordinator Enclosure 852 America's Gateway to the Gulfstream Office of Financial Mtmagement & Budget RO, Box 1989 West Palm Beach, FL 33402-1989 (561) 355-4034 Fax: (56~) 35~-2~0g www. pbcgov, com Palm Beach County Board of County Commissioners Haren T. Marcus, Chair Tony Masilotti, Vice Chairman Jeff I~oons Warren H. Newell Mary McCarty Burr Aaronson Addle L. Greene County Administrator Robert Weisman Affirmative Action Employer' December 19, 2002 Mr. Douglas Hutchinson, CRA Director Community Redevelopment Agency City of Boynton Beach 639 E. Ocean Avenue- Suite 107 Boynton Beach, FL 33435 Dear Mr. Hutchinson: On December 18, 2002, the Palm Beach County Property Appraiser issued the Final Tax Roll valuations. Enclosed is the Community Redevelopment Agency payment of $ 494,780 for FY 2003 from the Board of County Commissioners in conformance of Chapter 163.3 87, FS., calculated as follows: Base Year Value: FY 2003 Final Tax Value: Final Tax Increment: FY 2003 County Operating Millage: Incremental Revenue: Statutory Reduction Factor: Final Tax Increment Revenue: $291,906,169 407,644,247 115,738,078 4.5000 520,821 .95 494,780 Sincerely, Liz BI, ~er, Budget irector Office of Financial Management & Budget cc: Richard Roberts, OFMB Director John Dame, Chief Deputy Clerk Gary Nikolits, County Property Appraiser Diane Reese, Finance Director, Boynton Beach 853 ~ prlnted on recycled paper 0 0 K6n Wong Tax Roll Coordinator Governmental Center - Fifth Floor 301 North Ofl~e Avenue West Palm Beach, Florida 33401 (561)355.2681. Fax: (561)355-3963 Gary R. Nikolits, CFA Palm Beach County Property Appraiser December 19, 2002 Ms. Diane Reese, Director Boynton Beach CRA- Comm. 89 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Dear Ms. Reese: The following represents the 2002 Final Tax Roll valuations for the Boynton Beach CRA - Comm, 89: Final Just Value (before exemptions) $34,513,410 Final Taxable Value (after exemptions) Sincerely, Ke~, CF~(~ Tax Roll Coordinator $19,122,888 855 Ken Wong Tax Roll Coordinator Governmental Center - Fifth Floor 301 North O~'e Avenue West Palm Beach, Florida 33401 (561)355-268.1, Fax: (561)355-3963 Gary R. Nikolits, CFA Palm Beach County Property Appraiser December 19; 2002 Ms. Diane Reese, Director Boynton Beach CRA - Residential 89 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Dear Ms. Reese: The following represents the 2002 Final Tax Roll valuations for the Boynton Beach CRA - Residential 89: Final Just Value (before exemptions) $443,510,118 Final Taxable Value (after exemptions) $322,676,915 Sincerely, , Ken Wong, CFE Tax Roll Coordinator 856 "Ken Wong Tax Roll Coordinator Governmental Center - Fifth Floor 30t North O,~ive Avenue West Palm Beach, Florida 33401 (561)355-268.1 Fax: (561)355-3963 Gary R. Nikolits, CFA Palm Beach County Property Appraiser December 19, 2002 Ms. Diane Reese, Director Boynton Beach CRA - Comm 83 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Dear Ms. Reese: The following represents the 2002 Final Tax Roll valuations for the Boynton Beach CRA - Corem 83: Final Just Value (before exemptions) $73,761,599 Final Taxable Value (after exemptions) $65,844,444 Sincerely, Ken W~ V~, ' ong, CFE ~ Tax Roll Coordinator 857 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Request for Accounting Line Item Adjustment DATE: February 4, 2003 The CRA Chairman requested the dollar amount for staff services be moved to Salary Expense. On October 1,2002 staff status was to be changed to employees of the CRA, but due to extenuation circumstances staff remained o the original Professional Services Contract. The expenses for staff were place under the Professional Contracted services in the accounting system for tracking of 1099 tax form purposes. Please see attached memo dated 1/29/03. On January 1, 2003 staff became employees of the CRA and salaries were then billed under salary expense item so at year end W-2, 941's and the Social security reports will match the Salary Line item. Staff is recommending leaving the original professional service Contract portion of staff costs in the Professional Contracted services line item but is seeking direction as to the CRA Board preferences. 858 FROM : LAMAR' PHONE NO. : 581+736+9798 Jan. 29 ~OJ 12:27PM P2 MEMORANDUM TO: FROM: SUBJECT: DATE: CRA BOARD MEMBERS LARRY FINKELSTEIN, CHAIRMAN REQUEST FOR ACCOUNTING LINE ITEM ADJUSTMENT 1/29/2003 I would like to address the Memo from Susan Vielhauer, contained in the Jan 142 2003 Board meeting package. It Stated: The CRA Chaimaan requested the Contract Services for the Employment Contracts be move to be included in the budget line item "Salary Expense". To clarify, I i'equested that the dolhr amount for staff services be moved to Ss!~ry Expense (it can be renamed Staff expense/f preferred). This is the 1/ne Rem that was set up in our oliginal budget to reflect the cost of ou~ Staff~ regardless what type o/~ status they held. Contract Services was for outside contract services such as Architects, Consultants, etc. There are no extenuating ckcumstances that would pr-event us from co~ecting our books. IRS £oma 1099 is issued to the Staff only while they are under the Independent Contractor Agreements, however, by combining the amount with the other outside contractors we employ, the amount £o~: staff would have to be separated anyway, as 109% are not issued to Co~orations, which outside conwactors mostly are. This is really a coding issue, not a line item issue (matching the s~hry line item in our budget to 1099s and 117-2s, etc.), however, reflecting the p~opet amounts in the proper categories in out budget and financial statement is important. Keep in mi-d; this budget is also Our outline for the next annual budget. Regardless, we are only concerned with Staff costs, whether they are conwacwvs oz employees doesn't matter. We will not be able to look at the line item that was created for Staff expense and see what our cost was without making thi_~ correction, nor will we be able to look at Conwact Services and see the correct information- I ask that you join with me in directing ou~ staff to co~ect this item. Additionally, we have reduced the balance on the outstanding loan, which is not reflected on the Financial Statement. This should be corrected as well 859 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds 31-Jan-02 Total Community Redevelopment ASSETS Cash and Cash Equivalents Receivables Perpaid Expenses Inventory Fixed Assets Real Estate Relax Inn Riverwalk / Promenade / BBB Extension Riverwalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assest Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 6,161,278.26 869,244.96 2,717.18 - 7,033,240.40 $ - $ 72.48 $ 2,877,525.55 $ 2,877,598.03 $ 2,912,865.22 $ 1,242,777.15 $ 4,155,642.37 $ 7,033,240.40 86O Community Redevelopment Agency of Boynton Beach Income Statement January 31, 2002 Revenue Tax Increment Fufids Tax Increment Funds: Total Tax Increment Funds JANUARY $ 494,780.00 $ 494,780.00 YTD $835,628.92 $835,628.92 City Funds City Transfer Funds Total City Funds $ 17,834.98 $ 17,834.98 $0.00 $0.00 Grants, Project Reimbursements Grant Funding Total Grants and Projects $0.00 $o.oo $ 7,693.67 $ 7,693.67 $ 1,354.00 $ 1,354.00 $ 521,662.65 $0.00 $o.oo $22,623.30 $22,623.30 $90.00 $90.00 $858,342.22 Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds Current Total $1,330,408.92 $1,330,408.92 $ 17,834.98 $ 17,834.98 $0.00 $o.oo $ 30,316.97 $ 30,316.97 $ 1,444.00 $ 1,444.00 $1,380,004.87 861 INCOME STATEMENT Expenses JANUARY Debt Service Debt Service Principal Payment $0.00 Interest Expense Payment $0.00 Total Debt Service $0.00 Project Expenses Festivals / Events / Seminars Way-Finding Signage Fa(;ade Grant Program Economic Incentive Program Total Project Expenses $0.00 $2,787.82 $0.00 $o.oo $2,787.82 General & Administrative Salaries Payroll Tax Property Insurance Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Advertising Expense Telephone Expense Electric Expense Rent Expense Office Leasehold Improvements Printing Office Supplies Printing Programs Mileage & Delivery Seminars Staff / Board Business Meeting Expense Licenses, Fees, Permits Membership, Subscriptions Books & Publications Career Development Office Supplies Office Furniture / Equipment/Setup Professional Insurance Equipment Leases Miscellaneous Car Allowance Director Bonding / Liability Insurance Total General & Administrative $11,923.06 $1,248.38 $o.oo $o.oo $888.42 $o.oo $o.oo $441.43 $487.20 $o.oo $150.00 $o.oo $o.oo $965.87 $o.oo $1,120.00 $65.00 $507.02 $0.00 $23.29 $o.oo $210.01 $o.oo $o.oo $o.oo $o.oo $97.32 $o.oo $o.oo $343.00 $3.49 $276.92 $o.oo $18,750.41 $21,538.23 $500,124.42 Total Expenses Access Income / Expenses YTD $o.oo $0.00 $0.00 $8,453.49 $o.oo $o.oo $0.00 $8,453.49 $0.00 $o.oo $360.00 $o.oo $2,726.57 $o.oo $o.oo $o.oo $58,842.84 $7,043.80 $438.86 $o.oo $300.00 $2,431.09 $515.91 $3,480.00 $1,070.70 $267.48 $o.oo $170.68 $2,768.34 $334.41 $179.50 $1,852.37 $130.76 $0.00 $1,599.92 $15,351.89 $3,904.00 $432.18 $218.30 $969.22 $1,847.18 $ 107,236.00 $ 115,689.49 $ 742,652.73 Current Total $o.oo $o.oo $0.00 $8,453.49 $2,787.82 $o.oo $o.oo $11,241.31 $11,923.06 $1,248.38 $360.0O $o.oo $3,614.99 $o.oo $o.oo $441.43 $59,330.04 $7,043.80 $588.86 $o.oo $300.00 $3,396.96 $515.91 $4,600.00 $1,135.70 $774.50 $o.oo $193.97 $2,768.34 $544.42 $179.50 $1,852.37 $130.76 $o.oo $1,697.24 $15,351.89 $3,904.00 $775.18 $221.79 $1,246.14 $1,847.18 $ 125,986.41 $ 137,227.72 $1,242,777.15 862 Community Redevelopment Agency of Boynton Beach Budget Compared to Actual January 31,2002 2002/2003 Year To Current 02/03 Beginning Balance Revenues '.. TIF Taxes City Transfer Funds Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance Total Personel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office R~ent Expense '=hone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publlcatlof Advertising & Public Notices Career Development D"fntlng Office Expense ocellaneous Expense Debt Service PHncipa! Payment Interest Expense Total Debt Service 2002/2003 Amended Date Period Budget Budget 1/14/2003 Totals Jan uary Remaining 5,780,416.00 5,790,391.00 5,790,391.00 5,661,965.81 6,161,206.01 1,675,380.00 1,675,380.00 835,628.92 494,780.00 344,971.08 385,000.00 385,000.00 0.00 17,834.98 367,165.02 0.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 22,623.30 7,693.67 0.00 0.00 0.00 90.00 1,354.00 0.00 7,855,796.00 7,865,771.00 858,342.22 521,662.65 712,136.10 155,000.00 155,000.00 0.00 11,923.06 143,076.94 11,625.00 11,625.00 0.00 1,248.38 10,376.62 8,130.00 8,130.00 0.00 0.00 8,130.00 21,000.00 21,000.00 2,726.57 888.42 17,385.01 540.00 540.00 0.00 0.00 540.00 196,295.00 196,295.00 2,726.57 14,059.86 179,508.57 21,600.00 21,600.00 7,043.80 0.00 14,556.20 6,000.00 6,000.00 0.00 441.43 5,558.57 100,000.00 100,000.00 58,842.84 487.20 40,669.96 7,500.00 7,500.00 0.00 0.00 7,500.00 2,700.00 2,700.00 438.86 150.00 2,111.14 12,000.00 12,000.00 0.00 0.00 12,000.00 149,800.00 149,800.00 66,325.50 1,078.63 82,395.87 38,880.00 38,880.00 3,480,00 1,120.00 34,280.00 9,360.00 9,360.00 2,431.09 965.87 5,963.04 2,100.00 2,100.00 515.91 0.00 1,584.09 50,340.00 50,340.00 6,427.00 2,085.87 41,827.13 3,600.00 3,600.00 432.18 343.00 2,824.82 1,250.00 1,250.00 360.00 0.00 890.00 1,000.00 1,000.00 1,847.18 0.00 -847.18 2,000.00 2,000.00 3,904.00 0.00 -1,904.00 4,250.00 4,250.00 6,111.18 0.00 -1,861.18 1,500.00 1,500.00 334.41 210.01 955.58 2,000.00 3,000.00 2,768.34 0.00 231.66 1,750.00 1,750.00 170.68 23.29 1,556.03 3,600.00 3,600.00 969.22 276.92 2,353.86 8,850.00 9,850.00 4,242.65 510.22 5,097.13 1,800.00 1,800.00 1,599.92 97.32 102.76 250.00 250.00 179.50 0.00 70.50 1,500.00 3,000.00 1,852.37 0.00 1,147.63 250.00 250.00 130.76 0.00 119.24 2,000.00 3,500.00 2,162.63 0.00 -162.63 4,000.00 4,000.00 300.00 0.00 3,700.00 750.00 750.00 0.00 0.00 750.00 1,250.00 1,250.00 267.48 507.02 475.50 500.00 500.00 218.30 3.49 278.21 130,640.53 130,641.00 0.00 0.00 130,641.00 186,657.74 186,658.00 0.00 0.00 186,658.00 317,298.27 317,299.00 0.00 0.00 317,299.00 % of Budget . Remaining 79% 5% N/A 202% N/A 92% 89% 100% 83% 100% 91% 67% 93% 41% 100% 78% 100% 55% 88% 64% 75% 83% 78% 71% -85% -95% -44% 64% 8% 89% 65% 58% 6% 28% 38% 48% -8% 93% 100% 38% 56% 100% 100% 100% Operating Expense PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Printing Programs Festivals/Events/Se m in ars Fa~;ade (:}rants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo River"walk / Promanade Projects MLK Commercial Way-Finding Signage Riverwalk / Promanade Land TOTALS EXPENSES Note Payable TOTAL RESERVES BALANCE 740,733.27 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 1,100,000.00 750,000.00 250,000.00 25,000.OO 200,0O0.OO 3,395,733.27 3,000,000.00 1,460,062.73 743,234.00 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 1,100,000.00 750,000.00 250,000.00 25,000.00 200,000.00 3,398,234.00 0.00 4,467,537.00 90,813.41 18,069.07 1,070.70 0.00 8,453.49 0.00 0.00 868,360.74 0.00 0.00 0.00 0.00 986,767.41 0.00 5,661,965.81 18,685.41 0.00 65.00 0.00 0.00 0.00 0.00 884.22 0.00 0.00 2,787.82 0.00 22,422.45 0.00 6,161,206.01 632,235.18 1,930.93 33,864.30 25,000.00 41,546.51 100,000.00 100,000.00 230,755.04 750,000.00 250,000.00 22,212.18 200,000.00 2,387,544.14 0.00 4,485,797.97 85% 10% 975 100% 83% 100% 100% 21% 100% 100% 89% 100% 70% 864 V. Public Audience. Any person who decides to appeal any decision of the Community Redevelopment 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. 865 The CRA shall furnish appropl-iafe auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchln,qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably .accommodate your request. 866 VI. Public Hearing Any person who decides to appeal any decision of the Comm~lity Redevelopment 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. 867 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 8(58 Meeting Date: File No: Location: Owner: Project: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-026 Staff Report Community Redevelopment Agency Board and City Commission February 11, 2003 ZNCV 02-017 807 Ocean Inlet Drive (Lot 12 Coquina Cove) James Buchanan Addition to an existing single-family dwelling. Variance Request: 1. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-l-AA single family zoning district; and 2. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven percent (37%) maximum lot coverage within the R-l- AA single family zoning district. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-l-AA, single family residential (see Exhibit "A" - Location map). The lot was developed in 1960, and it conforms with the current R-l-AA zoning district building and site regulations. The subject property is surrounded by developed lots some of which are undergoing renovation as well. The property is located at the north side of Ocean Inlet Drive and has a depth of 98 feet. For comparison, those properties located at the south side of Ocean Inlet Drive have a dePth of 112 feet. Staff surveyed the area and it was observed that all properties along both sides of Ocean Inlet Drive comply with the minimum front setback requirement of 25 feet, as estimated by the straight alignment of the front building lines with few exceptions. One exception is presented by Lot #13 to the east, which was granted a five (5) foot variance on October 10, 2000 to allow a 20-foot front setback. The subject variances are requested in conjunction with a plan to expand the existing single-family home with a second story including an additional one-car garage. The requested setback variance is only for the front portion of the first floor of the existing house. This planned expansion is consistent with new construction and redevelopment projects observed in the subject neighborhood. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: 869 Page 2 Buchanan File No. ZNC~ 02-017 ao That special conditions and circumstances exist which are peculiar to the/and, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the/and, building, or structure. fo That the grant of the variance will be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) Staff has conducted this analysis with a focus on the uniqueness of the subject property relative to other subdivisions similarly zoned, the history of variance approvals within the subject subdivision, neighborhood impact, and current improvement trends within the subject subdivision. The subject parcel totals 7,350 square feet, which is less than the minimum 7,500 square feet required for a lot platted before 1975 (the lot was platted in 1952). The lot is considered a legal non-conforming parcel according to the Land Development Regulations Chapter 2, Section 11.1. C. 3. This section of the code allows the development of a lot within the R-l-AA zoning district 'as long as: the parcel contains one whole platted lot, the lot cannot be assembled to increase the size to a conforming size, and the lot is not less than 6,750 square feet (see Exhibit "B" - Survey). Staff's review of city records and a field visit verified that similar variances for setback reductions have been granted for properties within close proximity to the subject property. The Coquina Cove Subdivision was platted in 1952 with typical lot dimensions of 75 feet (wide) by 98 feet (deep) for the lots located north of Ocean Inlet Drive. In contrast, other subdivisions throughout the city that are similarly zoned have typical lot dimensions of 80 feet (wide) and 100 feet to 120 feet (deep). The shallow depths of typical lots within this subdivision, when combined with the minimum rear and front setbacks (totaling 50 feet), may limit design flexibility. Based on this information staff has found evidence of a hardship. Unlike the review of previous similar variance applications, which were limited to the subject subdivision, the comparison with other similarly zoned subdivisions has revealed the uniqueness of the subject plat and therefore the potential for zoning regulations to have unequal effects within similarly zoned properties. 870 Page 3 Buchanan File No. ZNC~02-017 With respect ~o item "e", the current trend within this neighborhood, as evident by newly constructed and redeveloped homes in the area, tends to encourage similar improvements regardless of lot constraints. The proposed variances would allow improvements that permit "reasonable" use of the property, and may contribute to increasing the value of the property to closely match the value of the land as well as the value of other improved properties in the neighborhood. With the increasing desire for larger and more valuable homes that contain greater features and more capable of accommodating a aging relative, the term "reasonable" may be defined differently today then when the neighborhood was originally platted. Regarding the intent of the zoning regulations, and impacts on adjacent properties, staff acknowledges that if the standard building envelope is expanded closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and views. This is not the case with this request. The applicant proposes to extend the east and west portion of the building footprint to 19 feet from the front (south) property line, leaving the central portion of the front wall and the second story addition, to be setback approximately 25 feet. As proposed, the six-foot encroachment would be minimal, without negatively impacting adjacent properties. The front portions of the residence extending beyond the required setback line is the minimum adjustment necessary to: 1) expand the existing one-car garage; 2) provide an additional one- car garage; and 3) accommodate, on the first floor, a bedroom suite for the applicant's aging mother (see Exhibit "C" - Variance requested and Floor Plan). Further, this encroachment within the front setback will provide a rather conservative floor plan design creating lesser impacts on the existing floor plan (maintaining Iow cost) and offering greater fac,.ade articulation to accomplish certain architectural design goals. It should be noted that the necessity for the second variance (maximum lot coverage) would be the result of the proposed front setback variance and the proposed house expansion. ,According to the applicant, the square footage of the existing house represents 29% lot coverage, which would increase to 37% following the proposed addition to the residence. CONCLUSIONS/RECOMMENDATION Staff recommends that the subject requests for the front setback and maximum lot coverage variances be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "D". Staff should indicate that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteda placing greater emphasis on economic potential and characteristics of surrounding properties. This recommendation is based upon the following: 1) 2) 3) 4) That special conditions exist as represented by the shallow lot depths of the subject subdivision compared to other subdivisions similarly zoned (i.e. Mission Hill, Chapel Hill and Golfview Harbour); That numerous similar variances have been granted to other properties within the subject subdivision including those lots adjacent to the subject lot; That the magnitude of the variance request represents the minimal variance necessary to make reasonable use of the land; and That impacts upon adjacent properties will be minimized by the design of the structure as proposed. MPJmda 87! J:\SHRDATA\Planning\SHARED\wP\PROJECTS\Buchanan Vadance~ZNCV 02-017~STAFF REP.doc Location Map BUCHANAN ZNCV 02-017 LOT 12, COQUINA COVE R3 R3 LAKE WORTH/ICWW BOYNTON CANAL C-16 872 EXHIBIT 873 BRENNAN SU .~q~'~Y1N~ LS. # Sal.~ ~'-- EXHIBIT ", (, DINING GARAGE 1 KITCHEN U~NG ROOI~ EXHIBIT "C" BEDROOM BATH #1 BATH #2 875 ......... EXHIBIT "C'.' 876 EXHIBIT "D" Conditions of Approval Project name: Buchanan Variance File number: ZNCV 02-017 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None .,. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTA I JST Comments: None PLANNEN'G AND ZONING Comments: None ADDITIONAL COM3CUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning\SHARED\WP~PROJECTS~Buchanan Vadance\COA.doc 878 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buchanan Variance APPLICANT'S AGENT: James Buchanan APPLICANT'S ADDRESS: 807 Ocean Inlet Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Request relief from City Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance resulting in a 19 foot front yard setback; and Request for relief from City Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty-seven (37%) maximum lot coverage within the R-l-AA single family zoning district. LOCATION OF PROPERTY: 807 Ocean Inlet Ddve Boynton Beach, FL 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 Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission.having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 880 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-019 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpt~[''2~ Planning and Zoning Director Maxime Ducoste-Am~d~e Planner Januaw 17,2003 Abandonment of a 20-foot wide alley lying between Lots 21,22, 23 and lot 20 in Block 4, Lake Addition to Boynton (ABAN 02-003). NATURE OF REQUEST The applicant and contract purchaser, Jeffrey T. Schnars, is requesting to abandon a portion of the 20-foot ,A,ide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was ~mitted on November 11, 2002. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20-foot alley lying between Lots 21,22, 23 and Lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South An auto repair business (ND Auto Repair shop), zoned C-4; East A single-family neighborhood, zoned R-l-A; and West - North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND h, March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The properties located on the east and west sides of the alley segment to be abandoned are under a purchase Page 2 ~ Memorandum No. PZ 03-0!9 ABAN 02-003 contract by the applicant Jeffrey T. Schnars. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of an office / retail project (see Exhibit "C"- Site Plan). SPecifically this area will be used for the driveway for the proposed site plan. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the mr,,,.~,....,~,,,o~ ,h-~,~.., been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light - Bell South - Florida Public Utilities Company - Cable Company (Adelphia) - Cable Company (Comcast) - No objection Approval with conditions (see Exhibit "C") No objection Approval with conditions (see Exhibit "C") No objection No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff recommends that this request to abandon the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment. Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\Planning\SHARED\Wp~,PROJEOTS~cl~nars Business Center)~ARAN 02-003~staff report.doc 882 Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" PU NE 883 LEGEND L.B. LICENSE BUREAU P.B, PLAT BOOK PG. PAGE R.S.M. PROFESSIONAL SURVEYOR ANO MAPPER P.O.B. POINT OF BEGINNING N EXHIBI PROPOSEI ABANDONI P.B.C.R.PALM BEACH COUNTY RECORDS SO. FT. SOUARE FEET ~ -gg ~:"~'.' 30 O 30 ~ ?,'~." ,. , GRAPHIC SCALE / . CE,"ERL,,,EN E 9TH flVEVUE s89,~33E ............................ f_ .............. %' _f ...... ~ · . . ........................... ~-E'F-E~'E ~l~ [ ' )) E~iqlF~6 ......... SOUTH LINE NE 9tH AV & NORTH LINE BLOCK 4 S89'48'33'E NW CORNER LOT 20 r , P.O.B. ~ NE CORNER ~]' LOT 21 I I?' ! 21 I ! EAST LINE ! LOT 21 ! I I I ""' t aD I I t ! I ! EAST LINE "': LOT 22 '-' ~ 20 ~ '~, r~' EAST LOT 25 23 L Ir',JE LOT 20 SE CORNE~ LOT 23 15' ALLEY P.B. II, PG. 71, P.B.C.R. Y E×TENSIOIJ OF THE SOUTH LINE OF LOT 23 CURRENr R/W LINE FE~ F00'r R/W MAP SEC T~C,N cj3010-2501. SHEEr 2 OF 7' I LAST DATED 6-1-6; 24 I I L LOT LINE / LAKE AOOIDON TO I / ~ F.B. IL PC. 71, I / SKETCH OF DESCRIPTION (ALLEY VACATION) 27 liB" IEN- A PORTIOfl OF THAF CERTAIH 2D-FOOT ALl_Et L,IIIG BETWEEN LOT 20 AHD LOTS 2tTHROUGH 2.3 IN BLOCK 4, LAKE ADDITION TO BOYNTON, P.B. I1, PG. 71, P.B.C.R. CIT,' OF 80/HTOll BEACH. PALM BEACH COUNTY, FLORIOA ~_.Z"~r~_.~..~ rE ,i,,19/oz DATE REVISIONS consul I l n ~ eric In e e r $ SCALE r:~o' PO/~P,4#O ~I~1( ~AAIOOdM$H,COM ~ WO. S8SO ~NG. ~Y JPW DRAWING NO. 02 0 8 9 L CHK, EXHIBIT "D" Conditions of Approval Project name: Schnars Business Center File number: ABAN 02-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: 1. The proposed replacement easement shall be no less in width than the existing alley. Per the proposed site plan the twenty (20) foot alley shall be replaced with a twenty (20) foot utility easement. 2. No structures shall be constructed or landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. UTILITIES Comments: None FnlE Comments: None , POLICE Commerits: None 'ENGINEERING DIVISION Comments: None BUII, DING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None Conditions of Apprqval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None PRIVATE UTILITIES Comments: 3. Adelphia will move all facilities to the new easement contingent upon the removal of FPL facilities. 4. Any and all costs resulting in the relocation or removal of Adelphia facilities due to said abandonment will be bome by the customer and/or property owner and/or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COM2VHgSION CONDITIONS Comments: 1. To be determined. 887 888 DEVELOPMENT DEPART1V[ENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 03-022 TO: FROM: THROUGH: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Planning and Zoning DATE: January 21, 2003 PROJECT DESCRIPTION Project/Applicant: Schnars Business Center/Schnars Engineering Corporation Agent: Jeffrey T. Schnars Owner: Ruth R. Dolly Location: 924 N. Federal Highway File No: Land Use Amendment/Rezoning (LUAR 02-013) Property Description: Vacant property consisting of two parcels: the 0.35 acre parcel classified General Commercial (GC) and zoned General Commercial District (C- 4); and 0.17 acre parcel classified Mixed Use (MX) and zoned Single- Family Residential District (R-l-A) Proposed change/use: To reclassify the subject property from General Commercial (GC) to Mixed Use (MX), and rezone from General Commercial District (C-4) and R-1-A single-Family Residential to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Right-of-way N.E. 9th Avenue, then the building of the Fraternal Order of the Eagle, classified General Commercial (GC) and zoned General Commercial District (C-4) and a parcel developed with a single-family home, classified Mixed Use (MX) and zoned Single-Family Residential District (R-l-A) South: Developed property (ND Auto Repair), classified General Commercial (GC) and zoned General Commercial Dislrict (C-4) and a vacant parcel, classified Mixed Use (MX) and zoned Single-Family Residential District (R-l-A) East: Developed single-family home, classified Mixed Use (MX) and zoned Single-Family Residential District (R-I-A) 889 Page 2 File Number: LUAR 02-013 Schnars Brininess Center West: Right-of-Way of Federal Highway, then developed various commercial properties (including auto-related) classified General Commercial (GC) and zoned General Commercial District (C-4) PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. The subject property contains ±0.52 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed by the state for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. 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 Map. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not Hmited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shah 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 plan. The applicant proposes to develop the property with a retail-office building. Moreover, given the residential density permitted under the proposed Mixed Use-Low designation (40 units per acre) and the size of the subject parcel, the potential number of units that could be developed is well under 50. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The subject property is located within the Federal Highway Corridor. The use that the applicant proposes is permitted under Mixed Use-Low, a zoning district created as part of the implementation of the Federal Highway Corridor Communi~_ Redevelopment Plan, approved by the City Commission in May 15, 2001. This plan was created as one of the redevelopment plans recommended by the BoYnton Beach 20/20 Redevelopment Master Plan. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby 890 Page 3 File Number: LUAR 02-013 Schnars Buhness Center 'districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal Highway Corridor, parcels fronting Federal Highway on both east and west sides are designated General Commercial (GC) and zoned General Commercial District (C-4), which is the city's most intensive commercial zoning district. The C-4 zoning allows for some uses that are generally considered incompatible when contiguous to a residential community. There is an established single-family residential neighborhood to the east of the subject parcel. The said residential neighborhood is, however, designated Mixed Use. Hence, the requested amendment would not create an isolated or unrelated district, but, since commercial uses allowed under Mixed Use-Low zoning are less intensive than uses allowed under the C-4 zoning, the proposed zoning will create a better transition to the residential neighborhood. The maximum height allowed for commercial developments in the MU-L district is 75 feet. The proposed project's three story building's height will be below the maximum 45 feet allowed under the current C4 zoning and is a good example of the vision indicated in the corridor plan. c. VeTtether changed or changing conditions make the proposed land use amendment/rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan has recommended the changes of zoning in Planning Area II, where the subject parcel is located, chiefly to create a desired appearance of a neighborhood which, being adjacent to the downtown core area, is a gateway to the city. The recommendations were also aimed at promoting the sense of neighborhood, by eliminating heavy commercial uses and those uses that are automobile-oriented. Any redevelopment activities in Planning Area II consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use wouM be compatible with utility systems, roadways, and other public facilities. Given the size of the parcel, the potential increase in water and sewer demands is insignificant. With respect to solid waste, the Solid Waste Authority has stated in a letter dated December 18, 2001,. that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. The proposed project will generate about 34 additional trips per day as compared to that generated by a potential maximum intensity commercial development combined with one single-family home on the site. A traffic impact statement, for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of properties located to the north, south and west of the subject property, and would represent an increase in compatibility with the residential neighborhood adjacent to the site. On the other 891 Page 4 File Number: LUAR 02-013 Schnars BuSiness Center hand, commercial uses that could be placed on the property if it were redeveloped under the General Commercial designation could create incompatibilities. There are no indications that the proposed amendment/rezoning would have negative impact on property values. f. Whether the property is physically and economically developable under the existing zoning. Physically, the two parcels could be developed independently, one with a commercial building and the other with a single-family home. The marginal depth of the parcel fronting Federal Highway limits its potential for development consistent with the recommendations of the Federal Highway Corridor Communitr Redevelopment Plan as well as its potential for development that would be economically feasible. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. The amendment would eliminate undesirable heavy commercial uses and thus have a positive impact on the neighborhood. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are vacant commercial sites that would likely accommodate the proposed use. However, placing the use on the subject property has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. CONCLUSIONS/RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses; will further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS $:~SHRDATA~Planning~SHAREDWv'P\PROJECTSXSchna.~ Business Cttq. UAR 02-013~STAFF REPORT Scl~nats.doc 892 Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" /I i'.i._l[j_[.L[.LI PU i t I NE 893 894 DEVELOPMENT DEPARTMENT PLANNING & ZONZNG DTV]~SZON MEMORANDUM NO. PZ 03-030 TO: FROM: TH ROUGH: Chairman and Members Comm~)~ltY/~edevelopment Agency Board Dick HL~Ii~, Senior Planner Michael W. Rumpf-~'-~ Director of Planning and Zoning DATE: January 27, 2003 Project/Applicant: Agent: PRO3ECT DESCRIPT]:ON Coastal Bay Colony/Southern Homes'of Palm Beach, LLC Keith & Ballb6, Inc./Carlos Ballb6 Owner: Southern Homes of Palm Beach, LLC Location: File No: Property Description: Proposed change/use: 2505 South Federal Highway (Wishing Well Motel and adjacent properties) (See Exhibit "A'~ Land Use Amendment/Rezoning (LUAR 02-0:[4) Vacant and developed property consisting of +4.34 acres, classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial and C-3 Community Commercial. To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) at 20 du/ac, and rezone from C-2-Neighborhood Commercial and C-3-Community Commercial to IPUD-Infill Planned Unit Development to redevelop the property as a 65 unit fee simple townhouse community. AdJacent Land Uses and Zoning: North: To the northeast developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; to the northwest the right-of-way of SE 23rd Avenue (Golf Road), then developed property (residential and small offices) classified Local Retail Commercial (LRC) and zoned C- 2-Neighborhood Commercial. South: Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial. 895 Page 2 File Number: LUAR 02-014 Coastal Bay~Colony East: Right-of-way of Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. West: Developed residential property (Los Mangos) designated High Density Residential (HDR) at :L0.8 du/ac and zoned R-3-Multi-family Residential. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the ]:PUD zoning district at a density of :~0.8 dwelling units per acre for a total of 46 units. The developer is requesting a change of land use to the Special High Density Residential classification to develop 65 fee-simple townhouses and accessory amenities. The City Commission adopted the Federa/Highway Corridor Redeve/opment P/an on May 15, 200:[ to allow for a variety of housing styles at intensities that will assist in supporting 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. Implementation of the P/an included an amendment to the Land Development Regulations to create the ]:PUD zoning district. This 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 promulgated 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 in terms of a project's site design and site amenities. Staff has determined, that the layout of the buildings, the variety of floor plans and elevations, the internal circulation and the allocation of parking are in a configuration that creates a pedestrian-friendly development that provide the feel of a neighborhood, rather than simply another townhouse development. PRO3 ECl' ANALYSI'S The parcels, which are the subject of this land use amendment, total 4.34 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A"small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]:tern C. Comprehensive P/an Amendment: Rezon/ng~. 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. 896 Page 3 File Number: LUAR 02-014 Coastal Bay-Colony a. Whether the proposed rezoning would be cons/stent with applicable comprehensive plan po/lc/es including but not//m/ted to, a prohibit/on against any increase in 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/imitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property under consideration is located west of Federal Highway, and therefore is not in the hurricane evacuation zone; however, it is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Relevant policies from the Land Use Element of the Comprehensive Plan are: Policy 1.13.3: The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element. Policy 1.19.7: The City shall continue to change the'land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area, The adoption of the Infill Planned Unit Development (]:PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment P/an. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use of the IPUD d/strict wi# develop design standards that exceed the standards of the basic development standards/n terms of site design, building architecture and construct/on mater/als, amen/t/es and landscape design. The extent of variance or except/on to basic design standards, including but not I/m/ted to requirements for park/nE spaces, park/nE lot and circulation design, and setbacks, wi# be dependent on how well the above statod planning expectations are expressed/n the proposed development plan." As stated above under Rlaster Plan Analysis, the site/master plan design standards exceed the basic development standards for residential zoning districts in terms of site design, building architecture, amenities and landscape design. b. Whether the proposed rezoning wou/d be contrary to the estab/ished /and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby 897 Page 4 File Number: LUAR 02-014 Coastal Bay_~Colony districts, or would constitute a grant of spec/al privilege to an individual property owner as contrasted w/th the protect/on of the public we/fare. The proposed rezoning would not create an isolated district, but would relate to the lands both to the east and west, which are developed with high-density residential uses. c. Whether changed or chang/ng cond/tions make the proposed rezon/ng des/rab/e. A number of changed and changing conditions make the proposed rezoning desirable. The Federa/H/ghway Corr/dor Comrnun/ty Redeve/opment P/an, adopted by the City Commission on Hay 15, 2001, included the following strategy to provide a strong residential base that is aestheUcally inviting: "Encourage a variety of hou$in9, Develop intensity standards that allow for a variety of housing sty/es and types at intensities that will ass/st/n supporting the downtown and ~Tenera/ economic expansion." ]:n response to this strategy, the city adopted amendments to the land development regulations, adding the ]:nfill Planned Unit Development (]:PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the ]:PUD zoning district can range from 10.8 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 th~ B°ynton (C-:L6) Canal, and from Woolbright Road to the south city limits. The ]:PUD zoning district regulations 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 conventional standards. Tn addition, the South Florida housing market 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 with utility systems, roadways, and other pub//c fad#t/es. (1) Staff has utilized the adopted concurrency level of service standards for water and wastewater and population multipliers by unit type to determine the impacts of the proposed project as compared to redevelopment of the site under its current zoning. Redevelopment as a commercial use containing 302,480 square feet (sq. ft.) of space (based on 40% lot coverage and 4 story maximum height) would have an average maximum water demand of 26,089 gallons per day and wastewater demand of 11,721 gallons per day. As for the proposed project, the average maximum water demand would be 27,820 gallons per day and the wastewater demand would be 12,519 gallons per day. Currently the City's unreserved water capacity (based on treatment plant and pumping capabilities is approximately 1,500,000 gallons per day. For wastewater the unreserved capacity is approximately 1,950,000 gallons per day. (2) In preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in 898 Page 5 File Number: LUAR 02-014 Coastal Bay, Colony (2) In preparing the traffic study, the applicant utilized a figure of ~,7,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in the water and sewer analysis) to show a projected daily trip generation of 4,210 average daily trips, compared to 451 daily trips under the proposed development. Since the project is expected to generate fewer than 500 trips per day, a traffic impact analysis following the Palm Beach Traffic Performance Standards Ordinance is not required. Information provided to the City has been forwarded to Palm Beach County's Traffic Engineers for their analysis and comments. (3) The Palm Beach County School District has reviewed the proposed project for school concurrency and states that adequate capacity exists to serve the project. The Concurrency Determination is valid for one year from the date of issuance. Once a development order is issued, the determination will be valid for the life of the project. (4) With respect to solid waste, in a letter dated December :L8, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. (5) Lastly, drainage will be reviewed in detail as part of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. em Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would'affect the property values of adjacent or nearby properties. As stated in Item '~b"above, the rezoning would relate to adjacent residential lands, both east and west of the subject property. Special design considerations are being proposed by the applicant to offset any potential impacts upon adjacent properties, and the end results will serve to enhance the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the ex/sting zoning. Portions of the property are currently developed with single-family residences and with a motel. Presumably the vacant portions could be developed for commercial uses; however, the fact that no proposal for either development of the vacant portions or redevelopment of the remainder of the site have come forward, indicates that there is little demand for additional commercial development in this segment of the Federal Highway corridor. As noted under Item "a~' above, the Comprehensive Plan recognizes this trend and encourages conversion of commercial lands to residential uses (Policy :L.:~9.7). Whether the proposed rezon/ng is of a scale which is reasonably related to the needs of the neighborhood and the city as a who/e. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum 899 Page 6 File Number: LUAR 02-0:14 Coastal Bay~Colony potential serVice needs generated by the proposed project. The proposed use of the site will be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. 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 no undeveloped properties in the Federal Highway Corridor that are designated for multi-family residential development. Elsewhere in the City, there are only two small parcels, that are vacant remnants of development that are designated for multi-family development. CON(;LUSTON$ ! RECOM MEN DAT]:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan;.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 subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "B'. ATTACH M ENTS .I:\SHRDATA\Plannlng\SHARED\WP~PRO.1ECTS~Coastal I~y Colony\LUAR 02-014\STAFF REPORT LUAR.doc 9OO Location Map COASTAL BAY COLONY EXHIBIT "A" R3 / ' '/ REC CWW 901 902 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-025 -% STTE PLAN REVIEW STAFF REPORT 'COMMUNITY REDEVELOPMENT AGENCY BOARD AND Ci'TY COMMISSION January 29, 2003 DESCRZPT'ZON OF PRO3ECT Project Name/No.: Schnars Business Center/NWSP 02-024 Property Owner: Ruth R. Dolly Applicant/Agent: Location: Jeffrey Schnars, Schnars Engineering Corporation 924 North Federal Highway Land Use/Zoning: Existing: Type of Use: General Commercial/C-4 (West Parcel), Mixed-Use/Single-Family R-1-A (East Parcel) Proposed: Mixed-Use (MX)/Mixed-Use Low (MU-L) Professional offices and retail Project size: Site Area: Building Area: Floor Area: Lot Coverage: 22,838 square feet (0.52 acres) 3,388 square feet (0.08 acre) 8,754 square feet 15.4% Adjacent Uses: (see Exhibit "A" - Location Map) North N.E. 9m Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned 04; South East West An auto repair business (ND Auto Repair shop) zoned G4; Single-family neighborhood, zoned R-l-A; and North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. Site Characteristics: The site is a vacant, rectangular-shaped lot, overgrown with grasses. The site is cleared and contains a row of Australian pines along the northeast property line. The site contains four (4) parcels (Lots 20, 21, 22, and 23) dissected by a 20-foot wide unimproved alley. On the west side of the unimproved alley, are located lots 21 through 23 with a General Commercial (GC) future land use designation and zoned General Commercial (C-4), while on the east side, is lot 20 with a Mixed Use land use classification (MX) and zoned Single-Family (R-l- A). Proposal: The developer proposes to construct a three (3) story, 8,754 square foot office / retail building located on a 0.52-acre lot (see Exhibit "B'- Proposed Site Plan). The proposed building height is 44 feet - 11 inches, which is below the 75-foot maximum allowed in the MU-L zoning district. A concurrent rezoning Page 2 Schnars Business Center- Site Plan Review Staff Report Memorandum No. PZ 03-025 request (LUAR 02-0:~3) is proposed to bring all parcels under a single district as well as to utilize the preferable development restrictions of the MU-L district. Also being processed concurrently are a reclassification of parcels 21, 22, and 23 to Mixed Use, and the abandonment of a 20-foot wide alley (ABAN 02-003) (see Exhibit "C"- Conditions of Approval). Concurrency: a. Traffic- A traffic study for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage- Conceptual drainage information was provided for the City's review. 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 dooJments are required. Driveways: On-site traffic circulation will consist of two (2), new driveway entrances measuring 24 feet wide providing ingress and egress along North Federal Highway and N.E. 9t~ Avenue. The entrance driveway on North Federal Highway is proposed to be located approximately 90 feet from N.E. 9th Avenue. As this driveway is proposed along a roadway classified greater than a local street, it must be separated from an intersection by not less than 180 feet. Therefore, the comments require the relocation or elimination of the driveway or receiving relief through the variance process. The second entrance drive on N.E. 9th Avenue is proposed at :L20 feet from the North Federal Highway. A two-way drive aisle would provide access to the parking area located around the building, to the south and east portion of the property. Parking Facility: The Land Development Regulations require a minimum of one parking space per 300 square feet for an office use and one parking space per 200 square feet for a retail use. Using these ratios, the required number of parking spaces is 34. This is based on 19 spaces required for 5,726 square feet of gross floor area of office space (2nd and 3~ floors), and 15 spaces required for 3,028 square feet of retail space (1st floor). The applicant proposes a total of thirty-five (35) spaces for the proposed use, including two (2) spaces designated for handicap use along the southeast portion of the building and a 12-foot wide by 35-foot long loading area located at the southeast corner of the property, in front of the dumpster enclosure. All spaces, except the handicap space will be dimensioned nine feet by eighteen feet (9' x 187. Landscaping: The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 6,098 square feet or 26.9% of the total site. The project perimeter landscaping includes a 7-foot wide buffer along the north (N.E. 9th Avenue) and west (N. Federal Highway) property lines. The north buffer will contain Montgomery Palm, Cabbage Palm, Guava, Red Tip Cocoplum, ~Imperial Blue Plumbago, Variegated Giant Liriope, and a Wax Hyrtle '904 Page 3 Schnars Business Center- Site Plan Review Staff Report Memorandum No, PZ 03-025 Hedge. The west buffer will contain Montgomery Palm trees and a Wax Myrtle hedge, A continuous Wax Myrtle hedge supplemented with Montgomery Palm Trees is proposed along the south property line. The applicant will provide the required six (6) foot masonry wall along the eastern property line of the site to separate the office/retail use from the adjacent single-family zoning district. Along the side (east) perimeter buffer, inside of the wall, the landscape plan proposes two (2) Gumbo Limbo trees, two (2) White Bird of Paradise, and a row of red Hibicus hedges. The foundation plantings around the building are extensive, exceed code requirements and further enhance the site. This planting includes Red '13p Cocoplum, Purple Bougainvillea, imperial Blue Plumbago, Evergreen Giant Liriope, and Xanadu Philodendron. The project entrances located on the western and northern property lines will be enhanced with Wax Myrtle hedges and will contain four (4) Tibouchina Granulosa trees meeting the code requirements for signature trees. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Community Design: Signage: The applicant describes the proposed building design as a Georgian style, three-story structure with a fiat tile roof (Skandia by Entegra). All fa(;ades of the building have been designed and articulated with architectural elements such as shutters, molding, and score lines positively contributing to the overall appearance of both the proposed building and North Federal Highway. The exterior walls of the proposed structure will have a smooth stucco finish painted between a light yellow (Glidden White Whisper 44YY 84/042) and dark yellow scheme (Glidden Candle Wax 79/168). The accent trim; windows and doors will be white (Glidden). Additional features such as aluminum railings will be painted black. The proposed entrances of the building will have covered double doors facing North Federal Highway and the east portion of the property adjacent to the parking area. Window planter boxes are located outside the second and third floor windows above the entrances, which further enhances the building's east and west fa(;ades. The building height of 44 feet- 11 inches, is below the maximum 75 feet allowed in the MU-L district. This proposed design is original, as it offers no similarities with any other buildings in the immediate area. Staff support this building design as proposed because it will set higher standards for future development along Federal Highway and is consistent with the underlying concept of the new rvlL~L zoning district. Three (3) wall signs measuring 2:~ square feet each are proposed on the west elevation, fronting on North Federal Highway. A freestanding monument sign is proposed along North Federal Highway measuring seven feet and three inches (7;3'7 high by eight feet and eight inches (8'-8") wide with the property address located on top. It will depict the name of the building's tenants, The monument sign will receive color and texture treatments similar to those of the Q(~ Page 4 Schnars Business Center- Site Plan Review Staff Report Memorandum No. PZ 03-025 building. The base of the sign will be enhanced with Yellow Lantana shrubs. The proposed wall signs and the freestanding sign comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 2:L. RECOMM ENDA'r'~ON: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C" - Conditions of A. pproval.. The Technical Review Committee CTRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PRO.1ECTS~Schnars Business Center~NWSP 02-024\Staff report, doc 906 Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" NE 907 ,,El,: _LISIHX=I 9o~ 11 · fi' -,.~~~~ ::. }itl ; ~ il itl, t~l; ~ll~il~l ~. I ;-- ~ 'i~ ~ ~ ~ _ I ,r ~: ~ , .,,,.,tl,l,.~ ~ ,.i..~ ., , u . J ' ~ ~ ~ J J~ '~ ~ l: W*~I I~' IJ * IlL ~ jJ' · , , ~,.lI - ~. .. __c_L~_ '""'~ N '~'-~KL~ ~~S~" ~~- ~ ..... ~ "~=~=~= j "~"~ -~"~"~,: i :~ii ,,iN t- ;~: i J~ '*'"i~'~ ;[ ~ ~,I ': :'t" 'i', i iii i '"' b,~:: il"~'"' '- '" I, ,i :':~ , ~,:' :." :l >(3 !t i , ! '~I! iiliii L ! Ii' ',.| :H .'-:1t I I ~ilt u- 'l'r ,, ,' Il 1: lfl/Id!tI dH ., :t, :~;;t:;: Il ;tl,~ ~{~ 1{,,. ',', , t,ll, lit' Il, I~'1 Il, ~,,,1., all ,.,,.. , ,.,., ... h ~,. L/iii,..,{,{ Ifil fljl i J I"j,I JI I ' '1'; i, :l'l}l" Il; Illll lji! ,Il I! IJ,111 · J J ~,11 II i,JJ l, j{ ill; I' ' ' { { ,, ,nfl Iii :mi '"1'~ {' ',ld,~ ,~. m;,i, ,fi:l}} ,h {} till} I ill{I , 1Il '18} llllul ,{}" ,.~.'~l{, Il,, ~lJll Ii; !J~{l'JI, ~:,~ ,d,~i,i,,,~,., .,. ,,,,~ ihi,, ' m, I,',',,m,u h; {fill a 0000 0000 0000 ~ If ,oz 915 916 BAC -- 917 T i~Bi r iiBII 918 JIII _.B_AC Project name: Schnars Business Center File number: NWSP 02-024 EXHIBIT "C" Conditions of Approva! Reference: 2~ review ~lans identified with a 14, 2003 Pla fin & Zonin DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: 1. All work done within the Federal Highway fight-of-way shall require FDOT approval and permittin$. UTILITIES Comments: None Comments: None POLICE Comments: None ENGINEERING DMSION Comment~: 2. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctabilit7 at the time of construction permit application. BUILDING DMSION Comments: 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. - PARKS AND RECREATION Commen~s: None Conditions of Approval 2 ~ DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 4. The approval of this site plan is contingent upon approval of the request for rezoning all parcels (parcels 20-23 inclusively) to Mixed Use Low (MU-L) and approval of the Land Use Amendment to Mixed Use for parcels 21, 22, and 23 to the west. 5. The approval of this site plan is contingent upon approval of the request for the abandonment of the existing 20-foot alley. 6. The parking lot driveway entrance along the western property line shall be constructed at least one hundred eight (180) feet fi:om an intersection along collector streets or those of a higher classification. (LDR Chapter 23, Art. 11. H.3.). Move driveway to meet minimum separation requirement, request and receive a variance for the minimum relief necessary to maintain driveway on west side of property, or remove the driveway. ADDITIONAL COMMUNTIY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Schnars Business C~NWSP 02-024\COA.doc 920 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :Schnars Business Center APPLICANT'S AGENT: Jeffrey T. Schnars - Schnars Engineering Corp APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for a 8,754 square foot office/retail building in a proposed MU-L zoning district on a .52 acre parcel. LOCATION OF PROPERTY: 924 N. Federal Highway 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ~ DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other 92.] DATED: City Clerk S:\Planning\SHARED\WP~PROJE~..T.~\.~c. hn~m R, ,~i~oo ~*~ ~mA/~c) n,~ ~,~ ~ ..... 922 DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-033 SITE PLAN REVIEW STAFF REPORT COMMUNI'I'Y REDEVELOPMENT AGENCY AND CITY COMMISSION January 30,2003 DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Agent: Location: Current Land Use: Current Zoning: Proposed Land Use: Proposed Zoning: 'pe of Use: Coastal Bay Colony / NWSP 02-026 Southern Homes of Palm Beach II, LLC Carlos Ballb~, Keith & Balbe, Incorporated West side of Federal Highway, south of Golf Road Local Retail Commercial (LRC) Neighborhood Commercial (C-2) / Community Commercial (C-3) Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) Fee-simple Townhouses Project size: Adjacent Uses: North: South: East: West: ~posal: Site Area: Lot Coverage Area: Gross Density: Number of units: 4.34 acres (189,050 square feet) 0.52 acres (29.5%) 11.46 dwelling units per acre 64 dwelling units (see Exhibit "A"- Location Map) To the northeast developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; to the northwest, the right-of-way of SE 23~ Avenue (Golf Road), then developed property (residential and small offices) classified Local Retail Commercial (LRC) and zoned C-2-Neighborhood Commercial; Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; Right-of-way for Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential; Developed residential property (Los Mangos) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. Carlos Ballb~, agent for Southern Homes of Palm Beach II, LLC., proposes to construct 64 fee simple townhouse units in 12.separate buildings on a 4.34-acre parcel (see Exhibit "B" - Proposed Site Plan). The plan also includes a recreation area with a clubhouse and pool. The number of units within each building will vary from three (3) to eight (8) units. The buildings will be two (2) and three (3) stodes high and include two.(2) and three (3) bedroom units. In addition, a land-use amendment / rezoning application (LUAR 02-014) is beino Page 2 Coastal Bay Colony Site Plan Review Staff Report Memorandum No. PZ 0~[-033 Site Characteristics: Concurrency: a. Traffic- b. Drainage- c. School- Driveways: Parking Facility: Landscaping: processed concurrently with this site plan. The current land use designations allow for a maximum density of 10.8 dwelling units per acre. The new land use designation will allow the proposed higher density (11.46 dwelling units per acre). Therefore, approval of this project is contingent upon the approval of the corresponding land-use / rezoning application (see Exhibit "C" - Conditions of Approval). The subject property is an irregularly-shaped parcel comprised of multiple lots totaling 4.74 acres. As indicated on the survey, the site fronts on both Golf Road and Federal Highway. A portion of the property (shown as "Parcel 1" and "Parcel 2" on the survey) is developed with residential and commercial structures. The remaining portion (shown as "Parcel 2" on the survey) is undeveloped. All lots are relatively fiat, and vegetated with a mixture of unidentified palm / shade trees and shrubs. The survey shows that the highest elevation is 12.2 feet occurring at the rear of "Parcel 2". A traffic statement 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 has determined that the project meets the Traffic Performance Standards of Palm Beach County; Conceptual drainage information was provided for the City's review. 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 L'" time of permit review, when more complete engineering documents are required; and The project has met the school concurrency requirements of Palm Beach County. The site will have two (2) points of ingress / egress. The entrance proposed on Federal Highway would be comprised of a 20-foot wide ingress ddveway and a 15-foot wide egress driveway. This point of ingress / egress will have an eight (8) foot wide median in the center of the opening to separate and direct vehicular traffic in and out of the subject property. This entrance will have brick pavers to provide a more desirable appearance. The second point of ingress / egress is proposed on Golf Road. Although not dimensioned on the site plan, the driveway opening appears to be 25 feet in width, which would comply with Chapter 23, Article II.H.I. Regardless, the dimension needs to be indicated on the site plan (see Exhibit "C" - Conditions of Approval). A total of 133 parking spaces are required for the proposed residential use based on the ratio of two (2) spaces per dwelling unit plus five (5) spaces for the recreational area. The applicant is providing 147 spaces. Guest parking spaces are dispersed throughout the site. Each townhouse unit will have a two (2)-car garage. In addition, all the two (2) story units will have a ddveway (outside the garage) that would accommodate two (2) parked cars. Only a handful of the three (3) story units however, will have this provision. The actual garage opening for all units will be 16 feet in width. The proposed pervious area of the parcel eqUals 1.32 acres or 30.43% of the total site. The landscape plan shows at least 231 trees, most of which will be native. The majority of a~ shrubs / groundcover will be native as well. The site landscaping will exceed the minimL plant material required by Chapter 7.5 of the Land Development Regulations. The landscape plan provides a mixture of palm trees, shade trees, shrubs, and colorful groundcover that will further enhance the overall beauty of the project. 924 Page 3 Coastal Bay Colony Site Plan Review Staff Report Memorandum No. PZ 0~'-033 Building / Site: The depth of the east landscaped aroa (along Federal Highway) will vary. When scaled, the landscaped aroa will be 15 feet at its narrowest point and 25 feet at its widest point. A meandering six (6) foot high iron style fence is proposed within this front landscaped area. This fence will dissect the buffer into two (2) portions, namely inside and outside the fence. Landscape matedal is proposed both inside and outside of the iron style fence. Florida Royal Palm and Pink Trumpet trees aro proposed to buffer the buildings from Federal Highway. A row of Redtip Cocoplum hedges is proposed on the outside of the iron style fence. The east landscape buffer (west of the gas station) will be at minimum five (5) feet in width. A concrete (pre-cast) wall six (6) feet in height is proposed to buffer this residential development from the gas station directly to the east. Live Oak and Wax Privet trees are proposed within this buffer. A row of Red Tip Cocoplum hedges is proposed on the inside of the wall. Similar to the east landscape buffer, a concrete (pro-cast) wall six (6) feet in height is proposed within the north landscape buffer. The depth of this buffer on the outside of the wall will be five (5) feet in width. The landscaped area inside the wall will be 10 feet in width. This northern buffer will contain a row of Florida Royal Palm trees outside the wall and Pink Trumpet trees inside the wall. The size of the west landscape buffer (adjacent to Los Mangos) will vary but will be at least 10 feet in width at its widest point and five (5) feet at its narrowest point (from the drive aisle). The wall is proposed along the property line. This buffer will contain a mix of shade and palm trees as well as hedge material. The depth of the southern landscape buffer (opposite to the commercial property) will vary, but will be 10 feet in width at its widest point where the buildings aro proposed and five (5) feet in width at its narrowest point where the drive aisles aro proposed. It too will contain the buffer wall and a mixture of shade / palm trees and hedge material. The IPUD zoning district allows buildings to reach a maximum height of 45 feet; however, a lesser height could be imposed where incompatible with adjacent properties. According to the building elevations indicated on sheet A-8.2, the proposed two (2)-story fee-simple townhouses will be 28 feet - one (1) inch at the peak of the barrel tile roof. According to building elevations indicated on sheet A-6, the peak of the roof of the three (3) story townhouse units will be 41 feet- seven (7) inches in height. The 64 dwelling units aro proposed throughout 12 separate buildings on.the 4.74-acre site. The proposed density of 11.46 dwelling units per acro is above the number of units permitted by the High Density Residential (HDR) land use classification, requiring a land use amendment (see Exhibit "C" - Conditions of Approval). The IPUD zoning district has no actual building setback requirements; however, all of the buildings aro proposed to be setback at least 10 feet from any property line. Inside the development, the separation distance between buildings is generally greater than 20 feet, except for 10 feet between buildings "Nine" and "Eleven". As previously mentioned, a concrete (pro-cast) wall six (6) feet in height would be placed along the north, south, and west property lines. The detail of the wall is shown on sheet L-1. The wall color(s) will be light earth tone colors to match the buildings. The fence proposed within the east landscape buffer will be six (6) feet in height and will match the fence that will be required around the recreation / pool aroa. 925 Page 4 Coastal Bay Colony Site Plan Review Staff Report Memorandum No. PZ 0~-033 Community Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design with Spanish "S" Tile roof. The majodty of exterior walls of the buildings will have a smooth stucco finish with multiple color options. The varieties of Sherwin Williams paints are proposed as follows: Orange Tree SW 2317, White SW 2829, Maize SW 2338, Ornamental Gold SW 2342, and Colonial Revival Tan SW 2828. All buildings will be accentuated with balconies having aluminum railings, window shutters, awnings, stucco banding, and imitation keystone trim. The main access drive leads to a decorative fountain to be located at the center of the development. Brick pavers, a lower level pool, and landscape material will surround this fountain. The center of the fountain will be adomed with statues of five (5) foot high dolphin figurines. The dolphin figurines will be placed on top of a seven (7) foot - six (6) inch masonry pedestal. The masonry pedestal will have cast stone spitters. The plans propose one (1) type of outdoor freestanding outdoor lighting fixture, namely, the Type "A" light post. The light post will be 18 feet tall. The matedal will be a round concrete pole. The color of the pole fixture is undetermined at this time. Accent lighting includes at- grade accent lights, sign lights, bollard lights, and wall lights. All accent lighting fixtures are is shown on sheet LT-I. A covered entry canopy is proposed at the main entrance along Federal Highway. , entry canopy will have a 14-foot - six (6) inch clearance. The intent is to have Bougainvillea vine grow within the overhead trellis in order to frame the front entry for added beauty. Signage: According to the landscape elevations (sheet L-3), two (2) project entry signs are proposed on the fence on each side of the entrance along Federal Highway. The elevations indicate that each sign face will be 17 square feet in area. It will have 10-inch letters that indicate (Coastal Bay Colony). RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the concurrent land/use rezoning requests and all other comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SharecP, Wp\ProJects/Coa$1al Bay Colony~NWSP 02-026 Coastal~Slaff Report.doc 926 Location Map COASTAL BAY COLONY EXHIBIT "A" / / r j R3 REC CWW 927 t ,,~!,,-LISIH~3 ...... 928 l. I ' ' J x, % 0 I11 r' -i EXHIBIT" HX3 930 ! .i JJJ ti i 't NOI. LVAWI~ ';TgqD$(INtV'l XNO~OD XV~ qV.I.S¥OD _tXtt ~¢ ~ D_l~~t ?I.T.T.~ .,~x[O'-IO;:) A¥8 XI~O~IOD X¥8 / XNO"IOD J~¥[t ~.I.S¥ODI 11 I[] ii x ,,El,, IISIHXq. Ii It ,,~],, ..LIEilHX3 ,,E), _LIEIIHX.E! ~,/o-" '- ,,Et. _LIEIIH'X3 ' 9.42 ,l:! :!,:1 i~t ii. Itl t'l tjl? Il J tJi j ::'~-:~ll:,J-I~ I :1 !:f l. Lhl. Ill i il ~ tlIH: If Il Ii l [ [ I ,,El,, ,..LIEilHX3 I ' ~43 ..... [[!Ill!ill Il ,,El,, .LIEIlF1X3." ~44 · il! ll ll_.uu_uuI I. Il." j J t I 945 t t 0 13: ,,El,, LIEilH.X3 94? -.. .... j Project name: Coasial Bay Colony File number: NWSP 02-026 EXHIBIT "C" Conditions of Approval Reference: 2~a review plans identified as a New Site Plan with a January 21, 2002 Planning and Zoning, Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. All work done within the Federal Highway right-of-way shall require FDOT approval and permitting. 2. On the site and civil plans, show and identify all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings B-98001 and B-90013 for striping details. 3. No direction of flow is shown for the northernmost section of the subdivision. Please correct. UTILITIES Comments: 4. All utility easements shall be shown on the site plan and landscape drawings (as well as a new Water and Sewer Plan Sheet) so that we may determine which'trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public fights- of-way. 5. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). 6. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate insmtment to the City as stated in the CODE, COA 02/06/03 2 DEPARTMENTS INCLUDE REJECT Section 26-33{a). FIRE Comments: 7. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor ~xade to the underside of the topmost roof assembly. POLICE Comments: None ENGINEERING DMSION Comments: 8. Upon satisfactory Commission approval of the site plan, the applicant shall enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 9. Landscaped areas shall be protected from vehicular encroachment by a continuous, raised curb (LDR, Chapter 7.5, Article II, Section 5.A. and Chapter 22, Article II, Section E.) Curb appears to be missing around the "driveway" in the southeast comer of the subdivision. Revise plans accordingly. 10. Any damage to the irrigation system and/or landscaping as a result of the contractor*s operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. 11. At a minimum, existing and proposed elevations are required on the paving and drainage system plan in accordance with the LDK, Chapter 4, Section 7.F. Provide preliminary calculations showing pre- and post-development permeability areas and storage requirements. 12. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. The drainage system shall conform to City Standard Drawing B- 91007. COA 02/06/03 3 DEPARTMENTS INCLUDE REJECT 13. The roadway north of the entryway is incorrectly dimensioned as 16 feet. Please correct to 20 feet. 14. Paving and drainage system details as shown on sheet PD2 of 2 will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. BUILDING DMSION Comments: 15. At time of permit review, provide a completed and executed City of Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 16. At time of permit review, submit signed and sealed working drawings of the proposed construction. 17. To properly determine the impact fees that will be assessed for the one-story pool/clubhouse, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the pool/clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the county send the City a copy of their determination of what impact fees are required for the pool/clubhouse/lease office building 18. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable . warning or other pavement rnarkings required to be installed along the path.' -._ _ The location of the accessible path shall_.n_ot compel the user to travel in a COA --~ 02/06/03 4 DEPARTMENTS INCLUDE REJECT drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. 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 Accessibility Code for Building Consmaction. This documentation shall include, but not be limited to, providing finish grade elevations alon~ the path of travel. PARKS AND RECREATION Comments: 19. The Park & Kecreation Impact Fee is due at the time of the first applicable building permit. The plans indicate there will be 64 single family attached residential units in the development. According to Chapter 1, Article V, of the Land Development Regulations the calculation of the Parks & Recreation Facilities Impact Fee is as follows: ~ $771 ea -- $49,344 (R~creation Impact Fee/· FORESTER/ENVIRONMENTALIST Comments: 20. The applicant should indicate on the landscape plan the existing trees that will be preserved, relocated, or removed / replaced on the site. This should be indicated with a separate symbol on the landscape plan sheet L-2 (Chapter 7.5, Article II Section 7.C). PLANNING AND ZONING Comments: 21. Approval of this site plan is contingent upon the approval of the land use / rezonin~ application (LUAR 02-014). 22. Place a note on the site plan (sheet SP 1 of 2) that no solid or screen roof enclosures will be permitted on the townhouse units. 23. The width of the internal driveways (private fights-of-way) shall be approved by the Engineering Division. 24. On the site plan, indicate the width of the driveway opening proposed on Golf Road to ensure it complies with Chapter 23, Article I~.H. 952 CeA 02~06~03 5 DEPARTMENTS INCLUDE REJECT 25. If required by the Engineering Division of Public Works, the applicant shall submit a request to abandon any easements. 26. On sheet "L-3", indicate the letter colors (of the signs) to ensure compatibility with the proposed project and sun'ounding properties. 27. The elevations of the privacy wall should indicate the exterior finish and proposed colors to ensure compatibility with the subject project and surrounding properties. 28. Show the location of the A/C pads on the site plan. 29. Provide the building dimensions on elevation sheets "A-4" and "A-5". 30. On the landscape-plan, ensure that the type and quantities of landscape material match between the ~raphic illustration and the plant list. 31. Staff recommends enhancing the side elevations of buildings that are exposed to Federal Highway (Building 1, 2, 4, 10, 11, and 12). Enhancements could include but are not limited to the following: awnings, shutters, banding, window molding, window base, imitation keystone trim 32. Coordinate with the City Forester / Environmentalist regarding the installation of brick pavers and palm trees within the U.S. 1 ri~ht-of-wa~,. COMMUNITY REDEVEI.OPMENT AGENCY COMMENTS: Comments: 33. To be determined. CITY COMMLqSION COMMENTS: Comments: 34. To be determined. MW elj S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-026 Coastal\COA.doc 953 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAItT/E: APPLICANT'S AGENT: Coastal Bay Colony Carlos Ballbe, Keith & Ballbe, Inc. APPLICANT'S ADDRESS: 1700 Northwest 64th Street, Suite 300 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of 64 fee-simple townhouse units on 4.34 acres LOCATION OF PROPERTY: West side of Federal Highway, south of Golf Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "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: $:'~Planning~hare~Wp~Projects~Coastal Bay Colony~NVVSP 02-026 Coas~al~DO.doc City Clerk 954 DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-036 · SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION February 4, 2003 DESCRIPTION OF PROJECT Project Name/No.: Southern Homes of Palm Beach, LLC / NWSP 02-027 Property Owner: Agent: Bruce R. Kwal as Trustee of The Banyan Trust Carlos Ballb~ with Keith & Ballb~, Inc. Location: Current Land Use: Current Zoning: Type of Use: West side of Federal Highway on lots 62 and 63 of "Trade Winds Estates", south of the intersection of Federal Highway and Old Dixie Highway Local Retail Commercial (LRC) Community Commercial (C-3) Temporary Sales Trailer Project size: Adjacent Uses: North: South: Building Area: Site Area: Lot Coverage Area: Pervious Area: 3,200 square feet 2.26 acres (98,446 square feet) 0.07 acres (3.10%) 1.96 acres (86.73%) (see Exhibit "A" - Location Map) Vacant property (proposed Victoria's Closet) zoned Community Commercial (C-3); Vacant property in Unincorporated Palm Beach County zoned Commercial General (CG) and Residential Multi-family (EM); East: West: Right.-of-way for Federal Highway then developed commercial property in Unincorporated Palm Beach County zoned Commercial General (CG); Developed residential property in Unincorporated Palm Beach County zoned Residential Mulit- family (RM). Proposal: e Characteristics: Cados Ballb~, agent for owner Bruce Kwal (Trustee) submitted, a proposal to construct a temporary, 3,200 square foot sales / construction trailer for Southern Homes of Palm Beach, LLC (see Exhibit "B" - Proposed Site Plan). The temporary sales / construction trailer will be used as the "home base" for the applicant's multiple project's planned in the City of Boynton Beach. The applicant anticipates that the use of the temporary trailer will cease within approximately two (2) years of its certificate of occupancy. The subject property is shaped like a parallelogram and is comprised of two (2) lots totaling 2.26 acres. As indicated on the survey, the site fronts on Federal Highway, just south of the Victoria's Closet storage use project (COUS 02-004.), which was recently approved by the City Commission. The subject site is nestled in a pocket of properties both inside and outside the city limits. Any properties located outside the City limits would be in unincorporated Palm Beach County. According to the survey, the site contains Cabbage Page 2 Southern Homes of Palm Beach, LLC Site Plan Review Staff Report Memorandum No. PZ 0-3-036 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: Building / Site: palm, Slash pine, and some unidentified trees. The eastem portion of the site had been previously cleared while the western portion of the site is overgrown with native and exotic vegetation. The survey indicates that a billboard structure is located at the southeast comer of the site, near Federal Highway. Staff recommends removing the billboard from the site subsequent to site plan approval (see Exhibit "C" - Conditions of Approval). The survey also shows that the highest elevation is 10 feet - five (5) inches, located towards the southern portion of the site near the center. A traffic impact 'statement is required for this project. The Palm Beach County Traffic Division must ensure that the project meets the Traffic Performance Standards of Palm Beach County. The County must review and approve the traffic impact statement before the applicant can submit for building permits (see Exhibit "C" - Conditions of Approval). Conceptual drainage information was provided for the City's review. 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 site will have one (1) point of ingress / egress proposed on Federal Highway. The proposed curb cut on Federal Highway will require review and approval of the Flod'~'~ Department of Transportation. The site plan indicates that the ddveway opening will be feet in width. This opening will allow for right-turn ingress and egress only. A total of 11 parking spaces are required for the proposed sales office use based on the ratio of one (1) spaces per 300 square feet of gross floor area. The applicant is providing 16 parking spaces, which includes one (1) space for handicap parking. The backup distance between the 90-degree parking spaces will be 45 feet in width. The spaces will be dimensioned nine (9) feet in width by 18 feet in length, except for the handicap space, which will be 12 feet in width with five (5) feet of striping. The proposed pervious area of the parcel equals 1.96 acres or over 80% of the site. The landscape plan indicates 38 trees, half of' which will be native. The depth of the east landscape buffer (along Federal Highway) will vary. When scaled, the depth of the buffer will be 30 feet at its widest point and 12 feet at its narrowest point. The landscape plan indicates that Silver Buttonwood and Veitcha palm trees are proposed along Federal Highway inside this front landscape buffer. However, the landscape plan indicates that the buffer will not provide the quantity, type, or spacing of required plant material. In order to comply with the City's landscape code, this landscape buffer shall contain a tree (spaced every 30 feet) in conjunction with a row of hedge matedal and colorful groundcover plants. Also, a signature tree is required on each side of the project entrance (see Exhibit "C" - Conditions of Approval). Landscape material is proposed along the perimeter of the parking lot, which will screen the vehicular use area from the adjacent property and the Federal Highway corridor. The landscape plan proposes Live Oak trees to be installed around the parking lot and also in front of the temporary trailer. Silver Buttonwood trees are proposed at the rear of the trailer. No perimeter landscape material (along the side and rear prope lines) is proposed. The western undeveloped portion of the parcel will remain unimproved. The C-3 zoning district allows for buildings to reach a maximum height of 45 feet. According to the building elevations indicated on sheet A-2, the top of the decorative tower will be 32 956 Page 3 Southern Homes of Palm Beach, LLC Site Plan Review Staff Report Memorandum No, PZ 03-036 Community Design: Signage: feet - four (4) inches in height at the peak of the barrel tile roof (see Exhibit "C" - Conditions of Approval). The elevations do not provide a height dimension for the construction trailer itself, although when scaled at nine (9) feet, it would easily comply with the height regulations of the C-3 zoning district. A four (4) foot wide sidewalk (that also serves as a handicap accessible route) will traverse through the parking area, linking the trailer with the sidewalk along Federal Highway. The basic building structure will consist of three (3) prefabricated trailers. The applicant proposes a false decorative fa(;:ade to enhance the bland appearance of the trailers, concealing them from Federal Highway. The attractive features of the structure will include but not be limited to the following: smooth stucco finish, Spanish "S" tile roof, decorative columns and archways, wrought iron railing and window panes, prefabricated decorative details and brackets, stucco banding, precast keystone banding, and decorative lighting fixtures. No rear elevations were provided for the construction trailer. Also, the elevations do not indicate the color(s) or paint manufacturers color-coding for the trailer or decorative structure (see Exhibit "C" - Conditions of Approval). The trailer and decorative structure will be removed once sales and constructions operations are complete. The plans (sheet SP1 of 2) indicate a detail of the freestanding outdoor lighting fixtures. The fixtures will be concrete light posts, 18 feet tall and painted green. No signage is proposed at this time. aECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:~Planning~Shared~Wp~Projects~Coastal Bay Colony~NWSP 02-027-Temp Sales Trailer~Staff Report.doc 957 Location Map SOUTHERN HOMES EXHIBIT "A" R3 REC N 958 ,,Et,, J-IE]IHX3 ,,~3,, ZI~IlHX3 960 ~]~OH N~I3H.LnO$ S 3 V~/ OH NII:IHInOS ~F:III¥~I.L S31¥S/NOI.LDn~I/SNOD A)V~tOdW31 ,,B,, ,I I ,,El,, _LIEilNY'q 063 ~I3IlV~I S::IIVS/NOIIDD~ISNOD A~IV~tOdW--JI .8. _LISIHX3 964 S3WOH N~3HJ (~OS ~311V~.L S]]VS/NOII)~/SNOD A~V~IOdW::II J j ............... .......... : ~' ~: .:' ~ · ~,g S~I¢/OH N~t3HInOS S]~/OH N}I]HInos ~3-11~"~11 Sq"I¥S/NOLLDFI}tlSNOD .,t,~¥~OaW31 ,,Et,, _LIEIIHX3 o~ S]WOH N~I3HlflOS S31a/ 0 H 967 .8. ZI~IlHX:::I 968 ,,B,, II~IlHX3 EXHBIT "C" Conditions of Approval Project name: Southern Homes of Palm Beach Temporary Sales Trailer File number: NWSP 02-027 Reference: 2aa review plans identified as a New Site Plan with a January 30, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit apphcation, contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse. In lieu of a dumpster enclosure, staff recommends the use of a roll-out cart for refuse collection at this site. PUBLIC WORKS - Traffic Comments: 2. All work done within the Federal Highway right-of-way shall require FDOT approval and permitting. UTILITIES Comments: 3. Sanitary sewer is not available at this time, without significant off-site construction by the applicant. At this time, the Engineering Division is providing only a cursory review of the site plan. The applicant will be required to provide an alternative method (sanitary collection facility) to be serviced regularly by a licensed contractor. Therefore, the utility plan detailing this information will be required prior to the issuance of a building (trailer) perrrdt. 4. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater ~see CODE, Section 26-16~b)~. FIRE Comments: None POLICE Comments: None ENGINEERING DMSION COA 02/06103 2 DEPARTMENTS INCLUDE REJECT Comments: 5. Show proposed site lighting on the landscape plan (LDR, Chapter 4, Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property one of the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). 6. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1.b). 7. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. At the time of permitting, provide typical sections of the paved areas, specifying the asphalt, base and sub-base thickness as well as typical sections for sidewalk and curbing. BUILDING DMSION Comments: 9. At time of permit review, provide a completed and executed City of Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The propert~ owner that is identified on each deed shall match. 10. At time of permit review, submit signed and sealed working drawings of the proposed construction. PARKS AND RECREATION COA 02/06/03 3 DEPARTMENTS INCLUDE REJECT Comments: None FORESTER/ENVIRONMENTALIST Comments: 11. The applicant should indicate on the landscape plan any of the existing trees that will be preserved, relocated, or removed / replaced on the site. This should be indicated with a separate symbol on the landscape plan sheet L-1 (Chapter. 7.5, Article II Sec. 7.C). 12. All trees shown on the landscape plans must be 12 feet to 14 feet in height and 3 inches in caliper at time of planting (Chapter. 7.5, Article II Sec. 5,C, 2}. PLANN~G AND ZONING Comments: 13. A unit7 of title will be required prior to the issuance of a building permit. 14. No office use shall occur within the decorative structure. 15. A traffic impact statement is required (Chapter 4. Section 8.F.). The applicant wffi not be allowed to submit for building permits until the statement has been submitted to the Planning & Zoning Division and reviewed and approved by the Palm Beach County Traffic Division. 16. The site plan tabular data on sheet SP2 of 2 is incorrect. The Future Land Use is General Commercial (GC) and the Official Zoning district is Community Commercial (C-3). Also, eliminate "Recreation Area" and "Water Area" from the table. 17. The site plan tabular data on sheet SP2 of 2 is incorrect. Eliminate the proposed building height of 23 feet - two (2) inches and insert the correct building height. 18. Provide a rear elevation of the construction / sales trailer prior to the Community Redevelopment Agency meeting. 19. Submit a color sample / swatch of all major exterior finishes. All elevation drawings shall include the manufacturer's name and color code. Staff recommends using a color schedule (Chapter 4, Section 7.D). 20. All trees are required to be at least 12 feet overall height at the time of installation (Chapter 7.5, Article II, Section 5.C.2.). 0'71 COA 02/06/03 4 DEPARTMENTS INCLUDE REJECT 21. Identify the "CS" plants on the landscape plan (sheet SP-1). 22. Correct the spelling of Bougainvillea on the landscape plan (sheet SP-1). 23. A tree will be required for every 30 feet within the landscape buffer along U.S.1 (Chapter 7.5, Article II, Section 5.D.). 24. The landscape buffer along U.S. 1 (front landscape buffer strip) must contain the following elements: The outside layer shall be a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row. The inside layer shall consist of a continuous hedge or decorative site wall (Chapter 7.5, Article II, Section 5.D.). 25. Ensure that the quantity of plant material in the landscape plan's plant list matches the graphic illustration. 26. Landscaping at project entrances shall contain a minimum of two (2) colorful shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees. 27. Staff recommends removing the billboard prior to the issuance of a building permit. MWR/¢Ij S:\Planning\Shared\Wp\Projects\Coastal Bay Colony~NWSP 02-027-Temp Sales Trailer~COA. doc 972 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME' APPLICANT'S AGENT: Southern Homes of Palm Beach, LLC Carlos Ballbe, Keith & Ballbe, Inc. APPLICANT'S ADDRESS: 1700 Northwest 64"' Street, Suite 300 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003 TYPE OF RELIEF SOUGHT: Site plan approval for the construction of a 3,200 square foot temporary construction / sales trailer on 2.26 acres in a C-3 zoning district LOCATION OF PROPERTY: West side of Federal Highway on Lots 62 & 63 of "Trade Winds Estates", south of the intersection of Federal Highway and Old Dixie Highway 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 Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda 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 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 This Order shall take effect immediately upon issuance by the City Clerk. Ail further development on the property shall be made in accordance with the terms and conditions of this order. DATED: Other 973 974