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Agenda 12-09-03 (2)
I. Call to Order. II. Roll Call. III. Agenda Approval. IV. COMMUNITY REDEVELOPMENT AGENCY Tuesday December 9th, 2003 Commission Chambers Boynton Beach 6:30 P,M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda u~ 2.. ~ ~; A. Approval of Minutes November 13th Workshop & November 20th Regular Meeting B. Financial Report Public Audience Public Hearing VI. '~-~ ~ --~ '~A.' ~z"3-Land Use Plan Amendment/Rezoning 1. PROJECT: AGENT: LOCATION: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) City of Boynton Beach Area bounded by NE 4th Avenue on the north, NE 2nd Avenue on the South, the Intracoastal Waterway on the east and the parcels fronting North Federal Highway on the west. 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 fm-nish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppormmty 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. Co DESCRIPTION: Conditional Use 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Abandonment 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Request to reclassify multiple properties totaling +15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Boynton Delray Academy (COUS 03-008) Marty Madura Keith D. Kern Northwest comer of Martin Luther King Boulevard and Railroad Avenue Request Conditional Use approval for a primary/secondary Charter School. Boynton Delray Academy (ABAN 03-012) Marty Madura Keith D. Kern West of Railroad Avenue between NE 11th Avenue and NE 10th Avenue Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels. Do Comprehensive Plan Text Amendment 1. PROJECT: Urban Central Business District - Text Amendments to Comprehensive Plan AGENT: City-Initiated 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, wh/ch 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. Fo DESCRIPTION: E. Major Site Plan Modification PROJECT: AGENT: OWNER: LOCATION: DESCR~TION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Height Exception 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Addition of one (1) Objective and three (3) policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central District. All Br~ Carw~fih (MSPM 03-009) \/ Don Arpi/~Ar~in & Sons Inc. \/ All Brite Ca,ash, Inc. / 2015 Sou_th/Fe_d.eral Highway Request for Major Site Plan Modification to construct a 1,397 square foot addition to an existing building for a new car wash on a 0.79-acre parcel in the C-3 zoning district. City Library (MSPM 03-011) Choli Lightfoot, SchenkelShultz Architecture City of Boynton Beach 208 South Seacrest Boulevard Request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district. City Library (HTEX 03-007) Choli Lightfoot, SchenkelShultz Architecture City of Boynton Beach 208 South Seacrest Boulevard Request for a height exception to allow the atrium tower feature of the library addition to exceed the allowable 45-foot height limit by approximately nine (9) feet. 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. Go Community Design Plan Appeal 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: All ~it7 Carwash (CDPA 03-001) Don Ak'pi n, Arpin & Sons, Inc. All Brite'4 iar Wash, Inc. 2015 Sou Federal Highway Request fo approval ora Community Design Plan Appeal to allow an overhead bay door / car wash tunnel to face South Federal Highway. Code Review 1. PROJECT: AGENT: LOCATION: DESCRIPTION: High Ridge Community Center II (CDRV 03-005) Penni Greenly, Southern Dance Studio City-wide Request to amend Chapter 2, Zoning, Section 8.A. 1.d.(9) to include dance instruction as a permitted use in the M- 1 zoning district. VII. Director's Report: A. Updates VIII. Old Business: A. Recommendation of the Regions Core grant from Boynton Seafood to Yellowbeard, Inc. D/B/A Boynton Seafood. ~, z. ~L¢ Consideration of City cooperative Purchasing Amendment. ,-~ 7~ % ~ Consideration of City TCEA Study Contract. ~ 7_.. ~,\ 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 oppormmty 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. D. Recommendation for a language change for compensation in the CRA Financial Auditor Contract (Tabled 11/20/03). ~ ?-,, ~x Z- E. Consideration of Approval of the CSC Financial Advisory Committee Recommendation for Financial Advisory Service (Tabled 11/20/03). IX, New Business A. Consideration of Burkhart Construction Contract Amendment for Authorization of up to 100% Construction Documents. B. Consideration of Contract for the independent Feasibility Study for the Savage Creatures ~ C. Consideration of the Ocean District Plan. ~ ~;,.~ Xl. Board Member Comments % ~ ~ \ Xl'. Legal ~_~ ~ ~__~?_~ .~ A. Status of the $9,000 Invoice Investigation (Tabled 11/20/03) Xlll. Other Items ~t ~-~"~ XIV. Future Agenda Items A. Joint CRA and City Commission Workshop December 17th at 5:30 PM at City Hall West Wing Conference Room C. B. Consideration of RFP for Architectural Model of the CBD to Seacrest Area (January). C. Consideration of Pilot Program for Trolley Service in the CBD (January). D. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (January). E. Consideration of CRA Logo and Stationary (January). F. Presentation of Boynton Beach Boulevard Corridor Plan (January). G. CRA Audit Report (January). Any person who decides to appeal any decision of the Commumty 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 oppormmty 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. H. Recommendation for contract change to add additional services for Legal Contract (January). I. Consideration of funding for the Wheels Weekend Event April 2004 (January) J. Consideration of Securing CBD Surface Parking Rights (March). XV. 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 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. DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 03-260 TO: FROM: Chairman and Members, Community Redevelopment Agency Board Hanna Matras, Economi~P arme THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 19, 2003 PROJECT DESCRIPTION Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Project: Agent: Location: City of Boynton Beach Area bounded by NE 4th Avenue on the north, NE 2"d Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. File No: Property Description: Proposed change/use: Land Use Amendment (LUAR 03-008) Six parcels totaling +15.036 acres shown on the accompanying location map (see Exhibit A), classified Mixed Use (MX). Most of the property is subject to requirements of the Conservation Overlay, which extends east from the city's retention pond (the Mangrove Park at the Marina) through the Mangrove Nature Park to the Intracoastal Waterway. To reclassify the subject properties described above from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Adjacent Land Uses and Zoning: North: Right-of-way of NE 4th Avenue, then developed property (St. Mark's Church and Campus) designated Mixed Use (MX) and zoned Central Business District (CBD). The eastern part of the property is subject to the Conservation Overlay. South: Right-of-way for the proposed Boynton Beach Promenade, further south vacant properties designated Mixed Use-Core (MX-C) and zoned, from east to west, Mixed Use-High Intensity (MU-H) and then Central Business District (CBD). East: The Intracoastal Waterway West: Developed property (the Boynton Beach Plaza commercial center) designated Mixed Use- Core (MX-C) and zoned Centrgl Business District (CBD). Page 2 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 BACKGROUND In January 200~, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the B~ovnton Beach 20/20 _Redevelopment Master Plato The City Commission adopted the first of those redevelopment plans, the Federal Iii 'twa ~Corridor Communi Redevelo rnent Plan, on May 15, 2001. The implementation process of this plan was initiated by the City Commission approval, in June 2002, of the addition of two Mixed Use zoning districts, Mixed' Use-High and Mixed Use-Low, to Part llI of the City's Code of Ordinances. This amendment made the Mixed Use-High and Mixed Use-Low zoning districts available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use-High district, which allows residential densities up to 80 units per acre, necessitated the addition of a new land use category, the Mixed Use-Core (MX-C), to accommodate the higher density. The objective was to strengthen the incentives for redevelopment and infill development in the downtown area by creating a possibility for a higher "critical mass" in terms of use synergies. In June 2003, the City Commission approved a Comprehensive Plan text amendment creating the said MX-C land use designation. The concurrently approved land use amendment reclassified the area of Federal Highway Corridor segment bounded by NE 4th Avenue, East Ocean Avenue, Federal Highway and the Intracoastal Waterway from "Mixed Use" to "Mixed Use-Core". The Conservation Overlay area (mangroves) and the city-owned property ly/ng between NE 2nd Street and NE 4th Street (Mangrove Park at the Marina) were excluded from the amendment. In a separate land use amendment, The Arches development was approved under the MX-C designation. To allow for the more intensive development within the MX-C district, the Floor Area Ratio (FAR) ceiling has been set at 4.0 (exclusive of parking structures) for all uses, with the residential density up to 80 units per acre, as compared to the FAR of 1.5 to 2.0 (depending on location) and the residential density of 40 units per acre in the Mixed Use (MX) category. However, the Comprehensive Plan makes different provisions for residential densities in the Mixed Use-Core areas located east and west of Federal Highway. Developments in both areas may reach densitie, s up to 80 units per acre, but the overall densi in the Mixed Use-Core area Evacuation Zone Coastal Hi Hazard Area C_HI-tA . The Comprehensive Plan language explicitly limits the overall density within the CHI-IA to 40 units per acre. However, in its review of the Mixed Use-Core amendment, the Department of Community Affairs (DCA) expressed an ongoing concern about the increased density within the CI-[HA. After discussions with staff, DCA communicated requirements regarding the addition of certain properties to the Mixed Use-Core land use category. This amendment is proposed in response to the DCA requirements. It will add six (6) properties to that area under the M/xed Use-Core land use designation. Due to the requirements of the Conservation Overlay, potential development of subject properties is severely curtailed. EXHIBIT "A" LOCATION MAP Page 3 Mixed Use Core Addition Land Use Arnendment File Number: LUAR 03-008 Consequently, even though individual lots within the entire MX-C-designated area can develop with the density of 80 units per acre, given the restrictions within the Conservation Overlay, and the density of the approved and proposed projects, the development of the MX-C area lying in the Coastal High Hazard Area will maintain the overall density of 40 units per acre as required by the Comprehensive Plan. The proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S.. Following local board review and City Commission pubhc hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an ojecuons, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) deterrnine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. CONCLUSIONS/RECOMMENDATiONS As indicated herein, this request is in response to the requirement put forth by DCA. Therefore, staff recommends that the subject request be approved. ATTACHMENTS G:~l-.UA.R~k'vlixed Use Core AddifionkMixed Use Core Addition stalTreport.doc Vielhauer, Susan From: Sent: To: Subject: Ewin, Helen [HEwin@hough.com] Tuesday, December 09, 2003 2:31 PM Vielhauer, Susan William R. Hough & Co. Info FA in FL since Uw in FL since Currant Florida ~ 1-03.doc (35 KB... 1-03.doc (90 KB.,. Client.doc.,. and one of our underwriting deals. We carry an average inventory of $70 million daily. I am also attaching a list of our current Florida FA clients. I hope all of this is helpful. <<FA in FL since 1-03.doc>> <<Uw in FL since 1-03.doc>> Clients.doc>> Helen Ewin William R. Hough & Co. PH: 727/895-8801 FAX: 727/895-8895 I am attached two lists, one of our FA deals this year <<Current Florida FA William R. Hough & Co. Florida Financings as Financial Advisor Since January 2003 Sale Date Par Amount Issue 1/22/2003 $ 47,860,000 City of Lakeland, Florida Energy System Variable Rate Refunding Revenue Bonds, Series 2003 1/28/2003 14,675,000 ;chool District of Charlotte County, Florida General Obligation Refunding Bonds Series 2003 2/6/2003 15,020,000 City of Lakeland, Florida Utilities Tax Revenue Refunding Bonds, Series 2002A 2/6/2003 15,355,000 City of Lakeland, Florida Utilities Tax Revenue Bonds, Series 2002B 2/6/2003 5,660,000 City of Lakeland, Florida Tourist Development Tax and Utilities Tax Revenue Refunding Bonds, Series 2002C 2/26/2003 49,770,000 Polk County, Florida Utility System Revenue Bonds, Series 2003 3/4/2003 23,985,000 City of Cocoa, Florida Water and Sewer Improvement Refunding Revenue Bonds Series 2003 3/19/2003 29,130,000 Fort Myers, Florida Utility System Refunding Revenue Bonds, Series 2003A 3/27/2003 102,125,000 Collier County, Florida Gas Tax Revenue Bonds, Series 2003 3/31/2003 20,000,000 Nassau County, Florida Revenue Note 3 Series 2000 4/9/2003 11,010,000 Hemando County, Florida Water and Sewer Refunding Revenue Bonds, Series 2003 4/22/2003 8,705,000 City of Cape Coral, Florida General Obligation Refunding Bonds, Series 2003 4/23/2003 14,450,000 The School Board of Brevard County, Florida Revenue Anticipation Notes, Series 2003 5/15/2003 40,660,000 Orange County, Florida Solid Waste Facility Refunding Revenue Bonds Series 2003 5/27/2003 7,065,000 Leon County, Florida Capital Improvement Revenue Bonds, Series 2003A 5/27/2003 12,465,000 Leon County, Florida Taxable Capital Improvement Revenue Bonds, Series 2003B 6/5/2003 19,915,000 Martin County, Florida General Obligation Bonds, Series 2003 6/11/2003 42,965,000 Ft. Pierce Utilities Authority Utilities Refunding Revenue Bonds, Series 2003 6/18/2003 4,831,452 Homestead Economic and Rebuilding Organization Tax Increment Revenue Refunding Bonds Taxable Series 2003 6/18/2003 23,150,000 Escambia County Utilities Authority, Florida Utility System Revenue Bonds, Series 2003 6/20/2003 33,630,000 Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, 2003 B 6/20/2003 13,720,000 Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, 2003 A 6/25/2003 14,075,000 City of Cape Coral, Florida Water and Sewer Refunding Revenue Bonds, Series 2003 6/30/2003 45,000,000 City of St. Petersburg, Florida Public Utility Revenue Bonds Series 2003 7/10/2003 62,456,000 City of Miami Beach, Florida General Obligation Bonds 7/15/2003 17,253,000 City of Cocoa, Florida Utilities Revenue Note, Series 2003 7/17/2003 64,230,000 St. Lucie County, Florida Sales Tax Refunding and Improvement Revenue Bonds, Series 2003 7/22/2003 11,120,000 City of Pinellas Park, Florida Water and Sewer System Revenue Bonds, Series 2003 7/24/2003 4,155,000 City of Dunedin, Florida Utility System Refunding Revenue Bonds, Series 2003 8/29/2003 14,075,000 City of Homestead, Florida Taxable Special Obligation Refunding Bonds (Homestead-Miami Speedway Project) Series 2003 9/4/2003 75,520,000 City of St. Petersburg, Florida Excise Tax Refunding Revenue Bonds, Series 1993 9/9/2003 38,000,000 School District of Brevard County, Florida Tax Anticipation Notes Series 2003 9/9/2003 14,690,000 City of Pinellas Park, Florida Public Improvement Refunding and Revenue Bonds, Series 2003 9/11/2003 12,000,000 School District of Charlotte County, Florida Tax Anticipation Notes Series 2003 9/11/2003 40,450,000 Martin County, Florida Utility System Revenue Bonds, Series 2003 9/11/2003 19,160,000 Nassau County, Florida Water and Sewer System Refunding Revenue Bonds, Series 2003 9/18/2003 17,330,000 Orange County, Florida Tourist Development Tax Refunding Revenue Bonds, Series 2003A 9/30/2003 117,035,000 Orange County, Florida Public Service Tax Refunding and Improvement Revenue Bonds, Series 2003 9/30/2003 27,185,000 City of St. Petersburg, Florida Professional Sports Facility Sales Tax Refunding Revenue Bonds, Series 2003 10/7/2003 48,920,000 Collier County, Florida Capital Improvement and Refunding Revenue Bonds, Series 2003 10/10/2003 8,410,000 City of Clearwater, Florida Water and Sewer Refunding Revenue Bonds, Series 2003 10/14/2003 8,295,000 City of Cape Coral, Florida Water Improvement Assessment Bonds (Southwest 3 Area) Series 2003 Sale Date Par Amount Issue 10/23/2003 6,340,000 Sarasota Manatee Airport Authority Airport System Revenue Refunding Bonds, Series 2003 10/29/2003 15,000,000 City of North Port, Florida Sales Tax Revenue Bonds, Series 2003 11/13/2003 114,705,000 City of Hollywood, Florida Water and Sewer Refunding and Improvement Revenue Bonds, Series 2003 $1,351,550,452 45 Financings William R. Hough & Co. Florida Financings as Underwriter Since January 2003 Sale Date Par Amount Issue Role 1/9/2003 $ 8,350,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Sole Manager Series A (Pinnacle Grove Apartments) 1/22/2003 12,165,000 Florida Housing Finance Corporauon Multifamily Mortgage Revenue Bonds 2003 Senior Manager Series C-1 (Chapel Trace Apartments) 1/22/2003 4,055,000 Florida Housing Finance Corporation Taxable Multifamily Mortgage Revenue Senior Manager Bonds 2003 Series C-2 (Chapel Trace Apartments) 1/23/2003 6,800,000 Housing Finance Authority of Collier County, Florida Multifamily Housing Sole Manager Revenue Bonds (Sawgrass Pines Apartments), Series 2003 2/5/2003 195,290,000 Hillsborough County Aviation Authority, Florida Tampa International Airport Co-Manager Revenue Bonds 2003 Series A 2/5/2003 43,735,000 Hillsborough County Aviation Authority, Florida Tampa International Airport Co-Manager Revenue Bonds 2003 Series B 2/14/2003 298,665,000 Orlando-Orange County Expressway Authority Refunding Revenue Bonds Series Co-Manager 2003A 2/21/2003 4,685,000 The School Board of Santa Rosa County, Florida Certificates of Participation Sole Manager 2/24/2003 3,060,0013 Trails at Monterey Community Development District Special Assessment Bonds, Sole Manager Series 2003 (Bank Qualified) 2/27/2003 104,630,000 Broward County, Florida Water and Sewer Utility Revenue and Revenue Refunding Co-Manager Bonds Series 2003 3/5/2003 21,455,000 Monroe County, Florida Infrastructure Sales Surtax Revenue Bond, Series 2003 Senior Manager 3/5/2003 t2,270,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Senior Manager Series F (Eagle Pointe Apartments) 3/5/2003 274,175,000 Orlando-Orange County Expressway Authority Revenue Bonds Series 2003B Co-Manager 3/6/2003 10,000,000 Housing Finance Authority of Manatee County, Florida Single Family Mortgage Co-Manager Revenue Bonds, Series 2003, Sub Series One 3/6/2003 10,550,000 Housing Finance Authority of Palm Beach County, Florida Multifamily Housing Senior Manager Revenue Bonds Series 2003A (Pinnacle at Abbey Park Apartments) 3/6/2003' 450,000 Housing Finance Authority of Palm Beach County, Florida Taxable Multifamily Senior Manager Housin~ Revenue Bonds Series 2003B (Pinnacle at Abbey Park Apartments) 3/6/2003 15,000,000 Housing Finance Authority of Pinellas County, Florida Single Family Housing Senior Manager Revenue Bonds (Multi-County Prosram) 2003 Series A (AMT) 3/12/2003 32,985,000 City of Fernandina Beach, Florida Utility Acquisition and Improvement Revenue Co-Manager Bonds, Series 2003 3/14/2003 40,042,953 City of Gainesville, Florida Taxable Pension Obligation Revenue Bonds, Series Co-Manager 2003A (Employees' Plan) 3/14/2003 49,851,806 City of Gainesville, Florida Taxable Pension Obligation Revenue Bonds, Series Co-Manager ,2003B (Consolidated Plan) 3/14/2003 34,805,000 !School Board of St. Lucie County, Florida Master Lease Program Series 2003A Senior Manager Certificates of Participation 3/17/2003 9,000,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Sole Manager Series G (Hunters Run Apartments Phase II) 3/25/2003 29,315,000 School Board of Seminole County, Florida Certificates of Participation Series Co-Manager 2003A 3/26/2003 14,000,000 Alachua County, Florida Limited General Obligation Bonds, Series 2003 (Alachua Senior Manager County Forever Project) 3/27/2003 8,700,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds, 2003 Sole Manager Series E-1 (St. Andrews Pointe Apartments) 3/27/2003 115,000 Florida Housing Finance Corporation Taxable Multifamily Mortgage Revenue Sole Manager Bonds, 2003 Series E-2 (St. Andrews Pointe Apartments) 4/5/2003 19,030,000 Verandah West Community Development District Capital Improvement Revenue Sole Manager Bonds Series 2003A 4/5/2003 3,045,000 Verandah West Community Development District Capital Improvement Revenue Sole Manager Bonds Series 2003B Sale Date Par Amount Issue Role 4/7/2003 91,715,000 Orlando-OrangeCounty Expressway Authority Variable Rate Revenue Bonds Series Co-Manager 2003D 4/7/2003 408,285,000 Orlando-Orange County Expressway Authority Variable Rate Revenue Bonds, Co-Manager Series 2003C 4/9/2003 36,990,000 The School Board of Marion County, Florida Certificates of Participation Series !Senior Manager 2003 4/15/2003 5,585,000 State of Florida Florida Education System Florida State University Parking Facility Senior Manager Revenue Refunding Bonds, Series 2003A 4/24/2003 61,431,495 City of Port St. Lucie, Florida Utility System Revenue Bonds, Series 2003 !Co-Manager 4/30/2003 15,910,000 First Florida Governmental Financing Commission Improvement and Refunding Co-Manager Revenue Bonds, Series 2003 4/30/2003 5,000,000 Housing Finance Authority of Lee County, Florida Single Family Mortgage Co-Manager Revenue Bonds Series 2003 5/7/2003 44,110,000 Northern Palm Beach County Improvement District Water Control Improvement Co-Manager Refunding Bonds Series 2003A 5/12/2003 22,500,000 Housing Finance Authority of Palm Beach County, Florida Multifamily Housing Senior Manager Revenue Bonds, Series 2003 A (Renaissance Apartments Project) 5/12/2003 1,875,000 Housing Finance Authority of Palm Beach County, Florida Taxable Multifamily Senior Manager Housing Revenue Bonds, Series 2003 B (Renaissance Apartments Project) 5/16/2003 3,400,000 Alachua County Housing Finance Authority Multifamily Housing Revenue Bonds Placement Agent (Eden Park at Ironwood Apartments Project) Series 2003A-1 5/16/2003 850,000 Alachua County Housing Finance Authority Multifamily Housing Revenue Bonds Placement Agent (Eden Park at Ironwood Apartments Project) Series 2003A-2 (Taxable) 5/16/2003 291,000,000 Miami-Dade County, Florida Miami International Airport (Hub of the Americas) Co-Manager Aviation Revenue Bonds Series 2003A (AMT) 5/16/2003 139,705,000 Miami-Dade County, Florida Miami International Airport (Hub of the Americas) Co-Manager Auction Rate Aviation Refunding Revenue Bonds, Series 2003E (Taxable) 5/16/2003 61,160,000 Miami-Dade County, Florida Miami International Airport (Hub of the Americas) Co-Manager Aviation Revenue Refunding Bonds Series 2003B (AMT) 5/16/2003 22,095,000 Miami-Dade County, Florida Miami International Airport (Hub of the Americas) Co-Manager Aviation Revenue Refunding Bonds Series 2003C (Non-AMT) 5/16/2003 85,640,000 Miami-Dade County, Florida Miami International Airport (Hub of the Americas) Co-Manager Aviation Revenue Refunding Bonds Series 2003D (AMT) 5/20/2003 3,080,000 City of Coral Springs, Florida General Obligation Refunding Bonds Series 2003A Senior Manager 5/20/2003 4,120,000 City of Coral Springs, Florida General Obligation Refunding Bonds Series 2003B Senior Manager 5/23/2003 36,290,000 Fiddler's Creek Community Development District Collier County, Florida//2 Special Sole Manager Assessment Revenue Bonds, Series 2003A & B 5/23/2003 62,395,000 Florida Municipal Power Agency All-Requirements Power Supply Project Co-Manager Refunding Revenue Bonds, 2003A Co-Manager 5/23/2003 18,315,0001 Florida Municipal Power Agency Stanton II Project Refunding Revenue Bonds Series 2003A 5/23/2003 39,090,000 Florida Municipal Power Agency Tri-City Project Refunding Revenue Bonds Series ICo-Manager 2003A 5/28/2003 94,375,000 Hillsborough County Aviation Authority Tampa International Airport Revenue Co-Manager Refunding Bonds Series 2003 C (Non-AMT) 5/28/2003 57,030,000 Hillsborough County Aviation Authority Tampa International Airport Revenue Co-Manager Refunding Bonds Series 2003 D (AMT) 5/29/2003 19,000,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Co-Senior Revenue Bonds (Sanctuary Cove Apartments Project) Series 2003A Manager 5/29/2003 400,000 Housing Finance Authority of Broward County, Florida Taxable Multifamily Co-Senior Housing Revenue Bonds (Sanctuary Cove Apartments Project) Series 2003B Manager 6/4/2003 79,630,000 Greater Orlando Aviation Authority Airport Facilities Refunding Revenue Bonds, Co-Manager Series 2003A (Non-AMT) 6/4/2003 11,110,000 County of Volusia, Florida Airport System Refunding Revenue Bonds, Series 2003 Senior Manager (Daytona Beach International Airport) 6/4/2003 6,975,000 County of Volusia, Florida Water and Sewer Refunding Revenue Bonds Series 2003 Senior Manager 6/4/2003 5,620,000 City of Sanibel, Florida Sewer Utility Revenue Refunding Bonds, Series 2003 Sole Manager Sale Date Par Amount Issue Role 6/5/2003 5,390,000 Florida Housing .Finance Corporation Homeowner Mortgage Revenue Bonds 2003 Co-Manager Series 1 (Non-AMT) 6/5/2003 44,610,000 Florida Housing Finance Corporation Homeowner Mortgage Revenue Bonds 2003 Co-Manager Series 2 (AMT) 6/5/2003 19,000,000 Florida Housing Finance Corporation Homeowner Mortgage Revenue Bonds 2003 Co-Manager Series 3 (Federally Taxable) 6/5/2003 36,000,000 Florida Housing Finance Corporation Homeowner Mortgage Revenue Bonds 2003 Co-Manager Series 4 (Federally Taxable) 6/6/2003 13,265,000 Clay County Utilities Authority Utility System Revenue Refunding Bonds Series Sole Manager 2003C 6/6/2003 14,950,000 Clay County Utilities Authority Utility System Revenue Refunding Bonds Series Sole Manager 2003B 6/9/2003 9,500,000 Housing Finance Authority of Volusia County, Florida Multifamily Housing Sole Manager Revenue Bonds (Saxon Trace Apartments) Series 2003 6/11/2003 6,665,000 City of Lake City, Florida Utilities Revenue Refunding Bonds, Series 2003 Sole Manager 6/11/2003 60,865,000 School Board of Palm Beach County, Florida Certificates of Participation Series Co-Manager 2003A 6/12/2003 12,700,000 Housing Finance Authority of Hillsborough County, Florida Multifamily Housing Co-Senior Revenue Bonds (Morgan Creek Apartments Project) Series 2003 Manager 6/13/2003 14,400,000 Housing Finance Authority of Miami-Dare County (Florida) Multifamily Mortgage Sole Manager Revenue Bonds Series 2002-4A (Tuscany Place Apartments) 6/13/2003 1,610,000 Housing Finance Authority of Miami-Dade County (Florida) Taxable Multifamily Sole Manager Mortgage Revenue Bonds Series 2002-4B (Tuscany Place Apartments) 6/13/2003 7,800,000 Indian River County, Florida General Obligation Refunding Bonds, Series 2003 Sole Manager 6/13/2003 85,955,000 School District of Miami-Dade County, Florida General Obligation Refunding Remarketing School Bonds, Series 1993 Agent 6/13/2003 99,030,000 School District of Miami-Dade County, Florida General Obligation Refunding Remarketing School Bonds, Series 1994 Agent 6/13/2003 15,000,000 Housing Finance Authority of Orange County, Florida Homeowner Revenue Bonds Co-Manager 2003 Series A (AMT) 6/17/2003 4,500,000 School District of St. Lucie County, Florida General Obligation Refunding Bonds, Sole Manager Series 2003 6/17/2003 97,190,000 Hillsborough County, Florida Junior Lien Capital Improvement Program Refunding Co-Manager Revenue Bonds (Criminal Justice Facilities), Series 2003 6/19/2003 89,775,000 Florida Water Pollution Control Financing Corporation Water Pollution Control Co-Manager Revenue Bonds, Series 2003 6/20/2003 8,870,000 City of Winter Springs, Florida Improvement Refunding Revenue Bonds, Series Co-Manager 2003 6/20/2003 8,000,000 Housing Finance Authority of Marion County, Florida Multifamily Housing Sole Manager Revenue Bonds, Series 2003 (Silver Oaks Village Apartments Project) 6/25/2003 124,295,000 School Board of Palm Beach County, Florida Certificates of Participation Series Co-Manager 2003B 6/26/2003 12,200,000 Florida Housing Finance Corporation Multifamily Housing Revenue Bonds, Senior Manager (Thomas Chase Apartments) Series 2003 L 6/30/2003 99,370,000 Broward County, Florida Water and Sewer Utility Revenue Refunding Bonds, Series Co-Manager 2003B 7/1/2003 87,360,000 Broward County, Florida Airport System Revenue Refunding Bonds Series 2003K Co-Manager 7/9/2003 19,700,000 School Board of Polk County, Florida Refunding Certificates of Participation Series Co-Manager 2003B 7/25/2003 8,055,000 Housing Finance Authority of Miami-Dade County (Horida) Multifamily Mortgage Sole Manager Revenue Bonds Series 2002-3A (Hibiscus Pointe Apartments) Sole 7/25/2003 650,0013 Housing Finance Authority of Miami-Dade County (Florida) Taxable Multifamily Manager Mortgage Revenue Bonds Series 2002-3B (Hibiscus Pointe Apartments) 7/25/2003 47,875,0013 City of Palm Bay, Florida Utility System Refunding Revenue Bonds, Series 2003 Senior Manager 7/25/2003 9,660,0013 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Senior Manager Series M (Andrews Place Apartments) 7/29/2003 13,915,000 Housing Finance Authority of Broward County, Florida Multifamily Housing Co-Senior Revenue Bonds (Harbour Cove Apartments Project), Series 2003 Manal~er Sale Date Par Amount Issue Role 7/29/2003 29,240,000 Manatee County, Florida General Obligation Refunding Bonds Series 2003 Co-Manager 8/5/2003 16,370,000 Brevard County, Florida Sales Tax Refunding and Improvement Revenue Bonds Sole Manager Series 2003 8/6/2003 23,000,000 School District of Seminole County, Florida Tax Anticipation Notes, Series 2003 Co-Senior Manager 8/15/2003 10,860,000 ~Okaloosa County, Florida Airport Revenue Bonds, Series 2003 (AMT) Senior Manager 8/21/2003 7,980,000 Housing Finance Authority of Miami-Dade County (Florida) Multifamily Mortgage Sole Manager Revenue Bonds Series 2003-2 (Bonita Pointe Apartments) 8/22/2003 14,000,000 Housing Finance Authority of Pinellas County, Florida Single Family Housing Senior Manager Revenue Bonds (Multi County Program) Series 2003 B (AMT) 8/28/2003 72,065,000 School Board of Hillsborough County, Florida Certificates of Participation Series Co-Manager 2003B 9/3/2003 37,830,000 School District of Alachua County, Florida General Obligation Refunding Bonds, Senior Manager Series 2003 9/4/2003 46,640,000 Broward County, Florida General Obligation Refunding Bonds, Series 2003 Co-Manager 9/10/2003 6,455,000 Indian River County, Florida Recreational Revenue Refunding Bonds, Series 2003 Sole Manager 9/17/2003 45,000,000 School District of Palm Beach County, Florida Tax Anticipation Notes Series 2003 Sole Manager 9/17/2003 74,545,000 Manatee County, Florida Public Utilities Revenue Refunding and Improvement Co-Senior Bonds, Series 2003 Manager 9/18/2003 74,545,000 Manatee County, Florida Public Utilities Revenue Refunding and Improvement Senior Manager Bonds, Series 2003 9/24/2003 15,000,000 Orange County Housing Finance Authority Homeowner Revenue Bonds, 2003 Co-Senior Series B (AMT) Manager 9/25/2003 39,935,000 City of Pembroke Pines, Florida Taxable Communications Services Tax Revenue ~Sole Manager Bonds, Series 2003 10/1/2003 15,000,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Sole Manager Series R-1 (Avalon Reserve Apartments) 10/1/2003 970,000 Florida Housing Finance Corporation Taxable Multifamily Mortgage Revenue Sole Manager Bonds 2003 R-2 (Avalon Reserve Apartments) 10/1/2003 4,600,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Senior Manager Series S-1 (Sumerset Housing Apartments) 10/1/2003 240,000 Florida Housing Finance Corporation Taxable Multifamily Mortgage Revenue Senior Manager Bonds 2003 Series S-2 (Sumerset Housing Apartments) 10/1/2003 248,890,000 Miami-Dade County Water and Sewer System Revenue Refunding Bonds, Series Co-Manager 2003 10/10/2003 34,800,000 Broward County, Florida Solid Waste System Refunding Revenue Bonds Series Co-Manager 2003 A 10/10/2003 11,060,000 Broward County, Florida Solid Waste System Refunding Revenue Bonds Series Co-Manager 2003 B (AMT) 10/16/2003 21,575,000 School District of St. Johns County, Florida General Obligation Refunding Bonds, Co-Manager Series 2003 10/22/2003 26,995,000 Town of Jupiter, Florida Water Revenue Bonds, Series 2003 Senior Manager 10/24/2003: 50,000,000 Florida Housing Finance Corporation Homeowner Mortgage Revenue Bonds 2003 Co-Manager Series 5 10/28/2003 6,525,000 Palm Beach County, Florida Public Improvement Recreation Facility Revenue Sole Manager Refunding Bonds Series 2003 10/28/2003 9,200,000 Duval County Housing Finance Authority Variable Rate Demand Multifamily Senior Manager Housing Mortgage Revenue Bonds (Camri Greene Apartments) Series 2003 10/29/2003 19,510,000 Housing Finance Authority of Palm Beach County, Florida Multifamily Housing Co-Manager Revenue Bonds, Series 2003A (Malibu Bay Apartments) 10/29/2003 500,000 Housing Finance Authority of Palm Beach County, Florida Taxable Multifamily Co-Manager Housing Revenue Bonds, Series 2003B (Malibu Bay Apartments) 10/29/2003 8,100,000 Florida Housing Finance Corporation Multifamily Mortgage Revenue Bonds 2003 Sole Manager Series U (Cutler Glen and Cutler Meadows Apartments) 11/7/2003 17,040,000 School Board of Okaloosa County, Florida Master Lease Program, Series 2003 Co-Manager 11/19/2003 8,155,000 School Board of St. Johns County, Florida Refunding Certificates of Participation, Senior Manager Series 2003 Sale Date Par Amount Issue Role 11/19/2003 23,230,000 School Board of~ St. Johns County, Florida Certificates of Participation, Series 2003 Senior Manager A 11/19/2003 42,315,000 Florida Governmental Utility Authority Utility Revenue Bonds (Lehigh Utility Co-Manager System), Series 2003 11/19/2003! 30,000,000 St. Johns County, Florida Transportation Improvement Revenue Bonds, Series 2003 Senior Manager 11/20/2003 21,865,000 Florida Governmental Utility Authority Utility Revenue Bonds (Citrus Utility Co-Manager S),stem), Series 2003 $5,193,096,254 126 Financings · State of Florida Division of Bond Finance · State of Florida DOT, Broward Division · Cape Coral · Casselberry · Cocoa · Dunedin · Escambia County Utilities Authority · Fort Myers · Fort Pierce Utilities Authority · Fort Walton Beach · Hollywood · Homestead · Islamorada · Lakeland · Lake Wales · Miami Beach · Miami Off Street Parking · Pensacola · Plant City · St. Cloud · St. Petersburg · Pinellas Park · North Port · Clearwater · City of Palmetto CRA · Collier County · Hernando County · Lake County · Leon County · Martin County · Orange County · Pinellas County · Polk County · St. Lucie County · Brevard County School Board · Charlotte County School Board · Florida Atlantic University · Osceola County School Board 12/08/2003 15:58 9547714923 GOREN CHEROF ET AL PAGE 01/17 GOREN, CHEROF, DOODY & EZROL, P.A, 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 (954) 771-4500 Facsimile No. (954) 771-4923 DATE: December 8, 2003 RECIPIENT'S FAX NO. (561)737-3258 TO: Susan Vielhauer, Controller FROM: Lindsey Payne, CRA Board Attorney This transmission contains 1~7 page(s) inc[uding this cover. FILE NO: 980465 FILE REFERENCE: COMMENTS: Please see attached. Community Redevelopment Agency of Boynton Beach/ William R. Hough Materials LAP/ia The information contained In this facsimile massage and the pages following are attorney privileged and confidential inf'orlllafion intended only for the use of the individual Of entity named above. If the reader of this massage is not the Intended recipient, you are hereby notified that any dissemination, distribution, or copy of this oomrnunioation is stfiotly prohibited. If you have taeelved this communicstion in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S, Postal Servloe, Thanl( you. If any problems occur in receiving this message, please call this office at (954) 771-4500. Thank you. 12/08/2003 15:58 Hough & Co. 9547714923 GOREN CHEROF ET AL PAGE 82/17 Page 1 0£9 NABL Ho menaa.e. NABL Resour_c~ Librarv Securities Law Materials UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 7826 ~ April 6, 2000 SECURITIES EXCHANGE ACT OF 1934 Release No. 42632 \ April 6, 2000 ADMINISTRATIVE PROCEEDING File No, 3-10176 In the Hatter of WILLIAN R, HOUGH & CO., Respondent. ORDER INSTITUTING ADMINISTI~A-I-IVE PROCEEDTNGS, NAKING FINDING-~ OF FACT, ISSUING A CEASE- AND-DESIST ORDER, AND IMPOSING REMEDIAL SANC-I-[ONS The Commission deems it appropriate and in the public Interest that public administrative proceedings be, and they hereby are, instituted pursuant to Section 8A of the Securities Act of 1933 ("Securities Act") and Sections 15Cb)(4) and 2~.C of the Securities Exchange Act of 1934 ("Exchange Act") against William R. Hough & Co. ("Hough"). In anticipation of the institution of these proceedings, Hough has submitted an offer of settlement, which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf Of the Commission or in which the Commission is a party, Hough, without admi~lng or denying the findings contained herein, except that it admits to the Jurisdiction of the Commission over It and over the subject matter of these proceedings, consents to the entry of the findings, the Issuance of the cease-and-desist order, and the imposition of the remedial sanctions set forth below. II. Based on the foregoing, the Commission finds as follows: A. Respo~Ld_e~[ htt~ ://www. nab 1. or w'l~brarv/securities/mi sc/vi eldburn/3 - I 0176. btm I 12/8/03 12/88/2083 15:58 9547714923 GOREN CHEROF ET AL PAGE 03/17 Hough 8, Co. Page 2 of 9 William R,, Hough & Co. ("Hough") is a financial services firm with I~s principal place of business in St. Petersburg, Florida. At all relevant times, Hough was registered with the Commission as a broker-dealer pursuant to Section 15(b) of the Exchange Act. B. Summary This is a municipal finance case involving the breach of Hough's fiduciary duly to the Canaveral Por~ Authority, one of its financial advisory clients in Florida. The breach of duty involved Hough's failure to make necessary disclosures in a 1997. advance refunding transaction in which it served as the Port Authority's financial advisor and also sold Treasury securities to the Port Authority as principal. This case also involves Hough's sale of the Treasury securities to the Port Authority at excessive, undisclosed markups. In addition, in connection with a :1992 refunding in Florida by the City of Boynton Beach, Hough certified the fairness of. the price paid to Boynton Beach by the provider of a forward supply contract. The certification was materially misleading because it failed to disclose that at the same time that Hough was certifying the fairness of this price, Hough was seeking a $300,000 payment from the provider of the forward supply contract, which Hough contends was for work on a separate project. C. Ba~ck_qround When interest rates fall, share and local governments often seek to reduce their borrowing costs by paying off outstanding bonds through the issuance of new bonds paying lower interest rates. When the old bonds cannot be paid off until a future call date, the munlclpallty can still obtain a benefit from lower interest rates through an advance refunding. An advance refunding can lock in current interest rates and ensure that the municipality will realize debt service savings over the life of the new bonds. In an advance refunding, the municipality issues new "refunding" bonds and immediately invests the proceeds In a portfolio of U.S. Treasury or agency securities structured to pay the principal and interest obligations on the old bonds until the call date and then to pay off the outstanding principal and any call premium. The portfolio of government securities is normally placed in a defeasance escrow to guarantee repayment of the old bonds. Defeasance escrow portfolios are subject to Internal Revenue Code provisions and Treasury regulations that prohibit the Issuer of tax-exempt refunding bonds from earning tax arbitrage (that is, a profit from the rate differential between the taxable and tax-exempt market~). [.R.C. § 148; Treas. Reg. §§1.148-0 et seq. The regulations provide that the issuer cannot receive a yield on the securiUes held in escrow that exceeds the yield It pays on the refunding bonds. Tn addition, to prevent an issuer from diverting tax arbitrage to the seller of the escrow securities by paying artificially high prices, the regulations provide, In effect, that the price paid by refunding bond issuers for escrow securities purchased in the secondary market (known as "open market securltles") cannot exceed the fair market value or market price of the securities as defined In those regulations. When the yield on the investments in the escrow, if purchased at fair market value, . would exceed the yield on the refunding bondsr the transaction is said to be in "positive arbitrage." Overcharging by dealers for open market escrow securities In a positive http://www,nabI.org/library/$ecurities/misc/yieldburn/3-10176.html 12/8/03 12/88/2883 15:58 Hough & Co. 9547714923 GOREN CHEROF ET AL PAGE 04/17 Page 3 of 9 arbitrage situation diverts tax arbitrage to the dealers at the expense of the U.S. Treasury.l This diversion, known colloquially as "yield burning," Is illegal. If yield burnlng occurs, the IRS can declare interest paid on the refunding bonds taxable. See H_arbor ~ & Subsidiaries v. C_o__mmissloner, ;I. 15 F.3d 722_ (9th Cir. 1997), cert. denied, 118 S. Ct, 1035 (1998).;t 2. Forward Suoolv_C~.cllracts When an open market defeasance escrow for an advance refunding is structured to contain securities that will mature before their cash flow Is needed to make debt service payments on the refunded bonds, the refunding bond issuer often enters into a forward supply contract. In a forward supply contract, the issuer gives the provider of the contract the right to receive the cash from the early-maturing securities. In 'return, the provider must supply securities to the escrow to replace the cash, so that the escrow continues to satisfy the refunded bonds' debt service requirements. In addition, because the substituted securities will predictably cost the provider less than the cash It will receive, the provider agrees to pay the issuer an initial sum of money, sometimes called the "facility fee," which is the yield of the forward supply contract to the issuer. Because the facility fee increases the escrow's yield, federal tax regulations require the issuer to include the amount of the facility fee in the escrow's yield calculation. See Treas. Reg. §1.148-5(b)(1). I~loreover, like any escrow investment, a forward supply contract must be priced at fair market value for purposes of calculating escrow yield. See Treas. Reg. §1.148-5(d)(6)(i). Pricing a forward supply contract below fair market value artificially depresses the escrow's yield. A forward supply 'contract provider that underpays an issuer in a positive arbitrage situation engages in yield burning, because the transaction diverts tax arbitrage to the provider at the expense of the U.S. Treasury. D. Houqh Failed to Nake. Rectu. ir_e,d_D_i%cl_osures to the Canaveral Port Authority The Canaveral Port Authority (the "Port Authority") priced a $46,315,000 refunding bond issue on October 6, 1992. Hough served as the Port Authority'S financial advisor for the refunding pursuant to a written financial advisory agreement. The refunding required the Port Authority to purchase for the defeasance escrow a portfolio of TreaSUry securities costing over $29 million. Hough and the *senior managing underwriter agreed to share the risk and profits from the sale of the defeasance escrow securities, Hough then sold the defeasance escrow securities to the Port Authority as principal from Hough's own account. Hough did not discuss the prices It charged for the securities with anyone from the Port Authority. The Port Authority's personnel had no prior experience with refundings. They depended on Hough's expertise in all aspects of the refunding. They believed that Hough was acting on the Por~ Authority's behalf in purchasing the Treasury securities and believed that the compensation Hough would earn on the refunding would be limited to its fees under the financial advisory agreement. The Port Authority also relied on Hough to advise the Authority regarding the prices that the senior manager and other underwriters would pay the Port Authority for the refunding bonds.~- On the refunding's closing date, October 20, 1992, Hough provided a certificate stating that it had acted as the seller of the securities fo~ the escrow and that "the prices quoted for the U.S. Treasury Securities resulted in yields on such SecurlUes to the Authority at least as high as the yield offered on similar securities in the secondary market for trades which have similar complexities .... "In turn, the Port Authority certified that "in reliance upon the certifications made [by Hough], the prices for all of such securities were http://www.nabl.org/Iibrary/securities/raisc/yieldburn/3- I0176.html 12/8/03 12/08/2003 15:58 I-lougll & Co, 9547714923 GOREN CHEROF ET AL PAGE 85/17 ~age 4 of 9 determined in arms-length negotiations~ without any intent to reduce yield." Hough failed to disclose to the Port Authority the amount of profit it made on the escrow securities, or that Hough could have arranged for the Port Authority to buy the escrow securities for less than Hough charged. Hough contends that it disclosed to the Port Authority its profit-sharing arrangement with the senior manager and the possibility that Hough would make a substantial profit on the escrow securities, but no one at the Port Authority can recall learning about the profit-sharing arrangement or knowing that there would be a profit. In connection with the October 6 refunding, Hough eventually received a fee of more than $35,000 from the Port Authority for services it performed under the financial advisory agreement. E. Hou h S~easury_ Securities to._tb_e ..Canaveral Port Authqr. j.ty_a_t_lE~_cesslve, .UndJ_s_closed Markups Hough's profit from the sale of $30.7 million in escrow securities to the Port Authority was $393,475 from markups charged and carry received,-4 Hough paid 45 percent of this profit to the senior manager pursuant to their agreement to share escrow profits. The total markup and carry on the transaction was approximately ;1.29 percent of the prevailing interdealer market prices of the Treasury securities sold to the Port Authority. At the time, other dealers generally charged materially lower markups on escrow securities when the prices were determined through competition or bona fide arm's length negotiation, Under the facts and circumstances, Hough's prices were above fair market value as defined by federal tax laws. Because the Port Authority's refunding was a positive arbitrage transaction, the profit made by Hough and the senior manager on the escrow securities by charging more than their fair market value diverted tax arbitrage to Hough and the senior manager at the expense of the U.S. Treasury. F. Hough Signed a Materla[Iv'Hisle.adjn~__M_a_r_ke.t Price Certificate Concernlnq a Forward Supply Contract.i. na Ci_ty_of_,B_oynton Beach Refundinc~ In late June 1992, Hough served as a co-managing underwriter of a refunding by the City of Boynton Beach, Florida. In addition, Hough assisted in structuring the defeasance escrow and sold the open market Treasury securities to the City for the defeasance escrow. On 3uno 26~ the refunding's underwriters and a fo'rward supply contract provider agreed on the price, terms, and conditions of a forward supply contract that the provider would enter into with the City when the refunding closed. Bond counsel for the refunding did not require-and there is no evidence that the underwriters used-a competitive process to select the provider or to determine the size of the facility fee that the provider would pay to the City for the forward supply contract rights. Bond counsel did, however, discuss with Hough that if the City did not receive fair value for the forward supply contract rights, the defeasance escrow would exceed the permitted yield and, thereby, Jeopardize the tax-exempt status of the bond issue. Before the refunding's cio.sing date, July 22, 1992, Hough certified in writing, at bond counsel's request, on a certificate dated ,July 22, 1992, that the facility fee of $2,089,955 paid by the provider to the City for the forward supply contract rights "was established at arm's length without any amount being withheld by [the provider] from the Escrow Agent In order to reduce the yield on the ~[nvestments in the Escrow Fund." Under the circumsbances, if the provider had withheld as little as $4,000 in order to reduce the yield-that is, paid less than fair value for the contract rights-the defeasance escrow would have exceeded the permitted yield and the tax-exempt status of the City's bond issue would have been jeopardized. On the closing date, Hough sent the provider an Invoice for $300,000. The Invoice said that the $300,000 was for services that Hough was performing for the provider to http://www.nabl.org/library/seourifiesdmisc/yieldburrd3-1 O176.html 12/8/03 12/08/2003 15:58 Housh & Co. 9547714923 GOREN CHERBF ET AL PAGE 06/17 Page 5 of 9 develop a "forward supply assignment program." Hough failed to disclose to the Issuer, bond counsel, and bond Investors, when certifying the fairness of the price paid by the provider for the forward supply contract, that Hough would receive a $300,000 payment from the provider. The day'after closing, the provider sent the $300,000 payment to Hough.-5 III. Section 17(a) of the Securities Act prohibits materially false or misleading statements, or material omissions when there is a duty to speak, in the offer or sale of any security. Section 17(a)(;t) requires a showing of scienter; however, Sections 17(a)(2) and 17(a) (3) do not require such a showing. Aaron v. SEC, 446 U.S. 680, 697 (1980). Section 10 (b) of the Exchange Act and Rule 10b-5 thereunder prohibit materially false or misleading statements, or material omissions when there is a duty to speak, made with scienter, in connection with the purchase or sale of any security. Both knowing and reckless conduct satisfy the sclenter element. ,Wee, e.g., Holllnger v. Titan Caoital CorD., 914 F.2d 1564, 1568-69 (gth Cir. 1990). A duty to speak arises, and material omissions become fraudulent, when a person or entity has information that another is entitled to know because of a fiduciary or similar relationship of trust and confidence. See Affilia_te_d Ute Citizens v, United_$_~_[e.~, 406 U.S. 128, 153-55 (1972); ~t_e.d_States, 445 U.S. 222, 228 (1980); In re Arleen_W_,_Hu_c~__~e,q, 27 S.E.C. 629 (1948), af~dsub nom. Huahes ¥._S_EC., 174 F.2d 969 (D.C. Cir. 1949). A. Material.Omissions._L0_C_0nnection with the Sale of Securities_to tb_e_Ca0,[v.e.r_al por~ Authority Generally, a municipality's financial advisor owes fiduciary obligations to It In connection with bond financings by the municipality. _Wee tn re Lazard ..Ereres 8LC_oJ_I.~_C~ Securities Act Release No. 41318 (April 21, 1999). In addition, Florida courts have found a fiduciary relationship implied In law when "confidence is reposed by one party and a trust accepted by the other." Ca.oJt. al_Bank_v. MVB,. In_c_., 644 So.2d 515, 518 (Fla. 3d DCA 1994). The Port Authority reposed confidence In Hough, and Hough accepted that trust. Therefore, based on the facts and circumstances, Hough had a fiduciary or similar relationship of trust and confidence with the Port Authority. Courts have Imposed on a fiduciary affirmative duties of utmost good faith and full and fair disclosure of all material facts, as well as an affirmative obligation to employ reasonable care to avoid misleading its client. SEC3fJ Cap_i_tal G_a[nsJ~eseamh :Inc., 375 U.S. 180, 194 (lg63); see also Ca_oi~l Bank, 844 So.2d at 520 ("A fiduciary owes to its beneficiary the duty to refrain from self-dealing, the duty of loyalty, the overall dub/to not take unfair advantage and to act in the best interest of the other party, and the duty to disclose material facts.") A broker-dealer that seeks to sell securities from i~s own account, as principal, to a client to whom it: owes fiduciary duUes must follow well-established standards. Under both common law and federal securities law, the broker-dealer can only deal with its fiduciary client as a principal by making full disclosure-before entering into the transaction-of the nature and extent of any adverse interest that the broker-dealer may have with the client. See In.re Arleen W. Hu0hes. 27 $.E.C. at 635-36; Restatement (Second) of Agency § 390 (1958). A broker-dealer subject to fiduciary obligations must disclose all material faCts, including any current market price at which the customer could effect the transaction that is better than the price that l:he dealer inbends to provide to the customer. In re Lazard Freres. Securities Act Release No. 4~318 (April 21, 1999). Hough violated Section 17(a) of the Securities Act and Section lO(b.) of the Exchange Act and Rule 10b-5 thereunder when it failed to obtain the Port Authorlty's fully htro://www.nabI.org/library/socurities/raisc/yieldbum/3.1 O176.html 12/8/03 12/08/2003 15:58 Hough & Co. 9547714923 GOREN CHEROF ET AL PAGE 07/17 ~a§e 6 0£9 informed consent before engaging in the escrow securities transaction as principal. Hough failed to disclose-in a manner that its' client would be sure to understand-(1) that it would sell the escrow securities to the Port Authority from Hough's own account, and C2) the nature and extent of its actual and apparent conflicts of interest, including the conflict of interest posed by Hough's profit-sharing agreement with the refunding's senior manager. Under the circumstances, Hough had, at a minimumt an obligation to investigate whether another seller would have provided the escrow securities to the Port Authority at better prices, to disclose to the Port Authority the results of that investigation and to adequately advise the Port Authority that If Hough provided the escrow securities, it would seek to make a profit and would share any profit made with the refunding's senior manager. B.__M_a_Lerial Misrepresentations and_Omis, sj_ons in the Sale of Securities to the Canaveta.[ Port Authority As to the pricing of the escrow securities sold to the Port Authority, Hough violated Sections 17(a)(2) and 17(a)(3) of the Securities Act by affecting that transaction at prices n.ot reasonably related to the current wholesale market prices for the securities under the particular facts and circumstances, including the pertinent tax regulations, and by representing to the Port Authority that Hough had sold the securities at fair market value. _Wee, e.g., Grandoo...wJ~errilL[-_ynch & Co.; 147 F.3d 184, 192 (2d Cir. 1998) (under the shingle theory, a broker-dealer has a duty to disclose excessive markups); In re Lazard Freres, Securities Act Release No. 41318 (April 21, 1999). Hough's markup and carry on the transaction was 1.29 percent of the prevailing Interdealer market prices of the Treasury securities sold to the Port Authority. Based on all the relevant facts and circumstances, Hough knew or should have known that the prices It charged were not reasonably related to the prevailing wholesale market prices of the securities. The excessive markups operated as a fraud or deceit on the Port Authority because unbeknownst to the Port Authority the excessive markups diverted money from the U.S. Treasury to Hough and thereby Jeopardized the tax-exempt status of the Port Authority's refunding bonds. C. Material Omission In the Market Price Certificate for the Forward Supply Contract in the. C[ty_of_.Bo_yrtto_~_B_e_ach Refu n__d_'mg When Hough certified the fairness of the price paid by the provider for the forward supply contract, Hough failed to disclose to the City of Boynton Beach, bond counsel, and bond Investors that Hough would receive a substantial payment from the provider. Hough knew or should have known that a reasonable investor (whether the bond issuer or a purchaser of the tax-exempt bonds) would have wanted to know about that apparent conflict of interest. Under the circumstances, the tax-exempt status of the. bonds depended on the validity of Hough's certification of the fairness of the facility fee. Disclosure of Hough's conflict would have permitted the Issuer and bond counsel to consider whether they should ask another firm to certify the fairness of the fee. If the issuer had decided to proceed with Hough as the certifier, disclosure of the conflict would have permitted bond Investors to assess properly the credibility of Hough's certification.~ By signing a certificate and falling to disclose a material fact, Hough violated Sections 17(a)(2) and 17(a)(3) of the Securities Act. IV. On the basis of this Order and the offer Of settlement made by Hough, the Commission finds that Hough willfully violated Sectlon'3.7(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5, http ://www.nabl.org/lJ, brary/securitios/miscdyieldburP./3-10176 .t~ttrd' 1, 2/8/03 12/08/2003 15:58 Hough & Co. 9547714923 GOREN CHEROF ET AL PAGE 08/17 Page 7 of 9 Accordingly, TI' IS ORDERED, pursuant to Section 8A of the Securities Act and Sections 15(b)(4) end ~.1C of the Exchange Act, that: A. Hough is censured; B. Hough shall cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act and Section :I0(b) of the Exchange Act and Rule 10b-5 thereunder; C. Within ten days of the entry of the Order, Hough shall, by a postal or bank money order, certified check or bank cashier's check, pay to the United States Treasury disgorgement and prejudgment Interest of (1) $241,906.57 in connection with the Canaveral Port Authority refunding that settled on October 20, 1992, and (2.) $555,:119.26 in cohnection wlth the City' of Boynton Beach refunding that sell:led on .luly · 22, 1992. Documentation confirming the wire transfer shall be hand-delivered or mailed to the Comptroller, Securities and Exchange Commission, Operations Center, 6342. General Green Way, Alexandria, VA 22312--0003, under cover of letter identifying the name and number of this administrative proceeding and the name of the Respondent. A copy of the cover letter and wire transfer documentation shall be simultaneously transmitted to Lawrence A. West, Assistant Director, Securities and Exchange Commission, Washington, DC 20549-0807. D. Within ten days of the. entry of this order, Hough shall comply with its undertaking to make certain payments totaling $136,668.94 related to sales of defeasance escrow securities to certain municipal Issuers in connection with advance refundings in negative arbitrage, as set forth In Hough's offer of settlement; E. Hough shall comply.with its undertaking to pay $2,329,977.60 to the United States Treasury under an agreement simultaneously entered into among Hough, the Internal Revenue Service and the United States Attorney for the Southern District of New York; and F. Copies of payments made to the municipalities and the United ~tatas Treasury as described in sub-paragraphs D and E above and any cover letters accompanying them shall be sent by Hough to Lawrence A. West, Assistant Director, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-0807. By the Commission. Jonathan G. Katz Secretary Footnotes hn,,,.lt,,,~., ..1.1 ~r~,lllhr.rvln~..rifie.qlmi,clv~eld'bum/3-10176.html 12/8/03 12108/2003 15:58 Hough & Co. 9547714923 GOREN CHEROF ET AL PAGE 09/17 Page 8 of 9 i In contrast, in a "negative arbitrage" situation-when the yield on open market securities purchased at fair market value would be below the yield on the refunding bonds-overcharging by dealers for epen market escrow securities takes money away from the municipality rather than the Treasury by reducing, dollar for dollar, the present value savings the municipality obtains through the advance refunding. .~ There are several lawful methods to limit the yield of the defeasance escrow In a positive arbitrage.situation. One method is to purchase from the Bureau of Public Debt at the Department of the Treasury below-market-interest Treasury securities- known as State and Local Government Series securities ("SLGS"}-customized to match the yield limitation. Alternatively, the municipality can purchase open market securities of shorter durations than those required to match the escrow requirements; when these securities mature, the cash proceeds are invested for the remaining period of the escrow in non-interest-bearing SLGS. When either of these methods is used, the Treasury obtains a benefit by issuing debt at interest rates lower than those prevailing in the taxable market. In some Instances, an alI-SLGS escrow can be more expensive for the Issuer than an escrow containing open market securities. However, even in those instances, overcharging by the dealer for open market securities still burns yield illegally and can cause the issuer's refunding bonds to lose their tax exemption. ,t There is no evidence that the profit-sharing arrangement affe'cted the prices that the senior manager and other underwrltam paid the Port Authori[y for the refunding bonds. 4_ P~ofit on open market escrow securities generally has [~wo component:s: markup and carry. Markup is the difference between the price that the dealer charges the issuer and the prevailing wholesale markeli price. ~eji.B_.Eo~..._.._!nc_~ Exchange Act Release No. ,37673 (Sept, 12, 1996). Carry is the difference between (a) the interest and accretion produced by the escrow securities between the sale date and closing date and (b) the cost of financing those securities during that period. See Board of Governors of the Federal Reserve System, Tradinq ACtivities Manual, Part 2 at 2-8 (March 1994), _s There is no evidence that the $300,000 payment affected either the selection of the forward supply contract provider or the amount of the facility fee paid to Boynton Beach. Confirmation of the terms of the forward supply contract were sent to the senior managing underwriter, not to Hough. _6 See ~;~tement of the Commission Re_~ardlnq Disclosure Obll0ations of Munici~)al Securities Issuers.and Others, Securities Act Release No. 7049 (March 9, 1994) ("Information concerning financial and business relationships and arrangements among the parties Involved in the issuance of municipal securities may be critical to evaluating an offering .... [S]uch information could indicate the existence of actual or potential conflicts of Interest, breaches of duty, or less than arms' length transactions. Similarly, these matters may reflect upon the qualifications, level of diligence, and disinterestedness of financial advisers, underwriters, experts and other participants In an offering. Failure to disclose material information concerning such relationships, arrangements or practices may render misleading statements made in connection with the process .... ") Home I Government I Publications I Library [ Semlnam Member !nfo I ~Cemm[l~..ee~. I New~roup~ [ Search htto://www.nabl.orgtlibrary/s~curities/rnisedyi aldbur, n/3 - 101 ?6.html 12/8/03 12/08/2003 15:58 Hough & Co. 9547714923 GOREN CHEROF ET AL PAGE 10/17 Nn~cmel Association of Bond I.~wyers 2S0 S. Water Drlv~ Su~ Phone: Emnlh N&IBL Governmell~ill Afl~altNJ Office 602 23~h Btreet~ NW, Suite 80O Sou~h Washlngton~ DC; 200Q5-~875 Phone: 202/682-X49B F~X,' 202/837-023,7 Emolh g..qy~r n m entel,, ffelrS~.Gi(hl.ora http://www.nabl.orgYlJ, brary/sscurities/rnisc/yioldburn/3-10 ! 76.html 12/8/03 12/08/2003 1§: 58 9547714923 GOREN OHEROF ET AL luve$1ment banks pay $140 million to settle qui tam cases and yield-bumi~ charges PAGE 11/17 Page I of 4 www. phiJlfpsa ndcoflen.com Investment banks pay $140 million to settle qui tam cases and yield-burning charges April 6, 2000 -- Seventeen investment banks have agreed to pay about $140 million to the federal government to scitle charges that they defrauded the federal government by ov~pd.cin2 s~curi6es sold in conncdion with certain municipal bond trar~saciions. Thc scheme involved what has come to be lmown as "yield burning" and was first brought to the public's attention in 1995 by whisfleblower Michael Lissack, who filed a "qui Uun" lawsuit against more thtm a dozen Wall Street firms under thc False Claims Act. Today's scttlcment also involves a separate qui tam lawsuit brought by Joseph Mooncy, a public fln,~ce banker in Florida, and separate governmcnt charges brought against three investment banks. Thc scttleraent wraps up thc government's case against most of the major players in the municipal finance market. It covers potential False Claims Act, sccurity law and IRS liabilities against the inveslment banks and was agreed to by the Justice Deparlraent, Securities and Exchange Commission, the Intcmal Revenue Service and NASD Regulation, the independent subsidiary of thc Natiomal Association of Securities Dealers Inc. charged with regulating the securities industry. "Today's agreem~t ends a disgraceful chapter of abuse and deception in Wall Street's history," said John R. Phillips, a WasbiUgton, D.C., attomcy whose firm, Phillips & Cohen, represents both Lissack mad Moonc5r. "There is no doubt that without the help of our clients, investl~t,mt banks would have continued to milk the U.S. Treasury for hundreds of millions of dollars." The scttl~m~t has t~o components: The securities firms will pay approximately $120.4 million to the federal goverm'nent, the bulk of which will go toward settling the qui tam lawsuits, About $20 million will be returned to municipalities nationwide that werc harmed by the firn~' yield- burning practices. The firms that were named in thc qui tarn. lawsuits and the amounts they paid to s~ttle the lawsuits are: · Dain Rauscher Corp. -- $11 million. · Salomon Smith Barney Inc, -- $38 million , William R. Hough & Co. -- $3.1 million · U.S. Bancorp Piper laffray Inc. (as successor to Piper laffi-ay) m approximat¢ly $1 million · CS First Boston Corp. t almost $1 million · Dillon Read Securities Inc. t $6.3 million · C~ldman Sachs & Co. -- $5.1 million · PaineWebber Inc. -- $21,6 million htW://www.whistlcblowcrs, com/HTML/BODY/MoonevLissack.htm 12/8/03 12/88/2003 15:58 9547714923 GOREN CHEROF ET AL Investm~t banks pay $140 million to settle q.ui tam cases and yieid-buming charges PAGE 12/17 Page 2 of,~ · PrUdential Securities Inc. $5,8 million · l~ymond James & Associates Inc. -- $2.6 million · Morgan Stanley & Co. -- $2.5 million · Lehman Brothers Inc. -- $4,5 million · Merrill Lynch Pierce Fenner & Smith Inc, -- $4.6 million · First Union (aS successor to Wheat First) -- $6.3 million Three banks that were not named in the qui tam lawsuits also settled government fraud charges at the same time and paid about $6.6 million for damages to the federal government and municipalities: :IC Bradford, Southwest Securities and AG Edwards. "This case has chansed the way Wall Street and municipslities do business," said attorney Erika A. Kelton of Phillips & Cohen. "Once yield-bumi~ was publicly exposed by Michael Lissack, the industry couldn.'t continuc to gouge states, cities and local agencies." Investment banks engaged in yield-burning in the early to mid-1990s. Spurred by the qui tam lawsuits, the Justice Department, IRS and SEC have been investigating for more than five years invesUnent broker pricing of U.S. Treasury securities sold in connection with municipal m£mancing transactions, known as "advance refundings." At one point, thc IRS considered holdin/municipal bond issuers liable for abuses related to yield-burning. That could have led to financial losses for investors and hurt thc local, governments' ability to raise funds in the furore. "These invcstm~,-nt firms not only stole money that belonged to the U.S. Treasury, they also clearly endangered the mx-exempt status ofc~rtain local government bond issues," said Kelton. "The Wall Street defendants acted recklessly and against their clients' interests." Y/herr interest rates decline, advance refunding transactions are a popular way flor state and local govcnm~ents to lower their borrowing costs by refinancing their debt at lower interest rates. They purchase Treasury securities using the proceeds of tax-exempt advancc rcftmdin~ bonds. By law, their investments with those proceeds cannot cam hil/hcr al/gregate yields than the yield earned on the bonds, Any excess profit must be paid to the federal government. By adding large price markups to Treasury securities purchased with bond proceeds, an investment broker could artificially depress, i,e,, "bum" the yield and pocket the illegal profits. ~Ioseph Mooney was working for a investment ba~ in Flog.da when he bccarne aware of improper escrow pricing practices. He raised his concerns with the IRS, FBI and other government agencies in 1993, but did not get a response. The following year he quit his job, unwillin~ to participate in financial deals that violated the law. He filed a qui tam lawsuit in 1997 aga/nst Smith Barney, which had been involved in many advance refunding deals in Florida, htm://www.whistleblowers.com/HTML/BODY/MooncvLissack.htrn 12/8/'03 12/08/2003 iS: 58 9S47714923 GOREN OHEROF ET AL Investment banks pay $140 million to settle qui tam cases and yleld-buming charges PAGE 13/17 ~agc ~ of 4 "Helping to stop a practice that has cost taxpayers many millions of dollars has given me great satisfaction, despite the personal cost of standing up to this egregious ~caud," Moonc'y said. Lissack's qui tam lawsuit was filed in 1995 in thc Southern District of New York (Manhattan). Investment banks so far have paid more than $39 million to scale their liabilities under that federal lawsuit and one Lissack brought under California law. Meridian Securities (now CoreStat~s Financial Corp.) paid $3.8 million to the federal government in 1998. Last year Lazard Freres & Co. paid $I.1 million and Deutsche Bauc Alex. Brown Inc. paid $15.3 million to s~de fcxieral charges against them, In addition, Lazard agreed in 1998 to pay the .Los Angeles County Metropolitan. Transportation Authority (LAMTA) $9 million to settle charges brought by Lissack under the California False Claims Act that the investment bank li:audulently overpriced securities by $3 million on a single municipal ref'mancing transaction. (Phillips & Cohen also served as counsel to the LAMTA in the case.) "It has been a long road to get here," said Lissack. "But it certainly was worth the trip given thc impact that my lawsuit has had in stopping the drain on the T~asury." Since leaving Wall Street, Lissack has delved into academia. He is the founder and director of the Institute for the Study of Coherence arid Emergence in Boston, and edits its journal. He co-authored "The Next Common Scnse," a book about complexity theory, and was co-editor of another book, "Managir~ Complexity in Organizations: A View in Many Directions." Using his share of the recoveries so far from his qui tam case, he has endowed a chair in business ethics at Willialns Cotlege. Lissack's and Mooney's lawsuits wer~ brought under the False Claims Act, which p~jts individuals with knowledge of fraud against the government to file suit on its behalf. Companies liable under the False Claims Act can be required to pay as much as three times damages and $5,000 to $10,000 for each false cla/ms. Thc "relator," as the whistleblower is known, is entitled to a share of whatever money the government rc~overs as a result of the lawsuit. For more information about ttti$ case, see the following news stories: "Settlement reported in bond-pricing case," Patrick McOcchan, The New York Times, ,April 6, 2000. "U.S., 17 securities firms reach accord on scandal-tainted municipal bonds," Charles Gssparino ~nd John Connor, The ~all Street Journal, April 6, 2000. httn ://www.whistleblowcrs.com/HTML/BODY/MooneyLissack.htm 12/8/03 12/08/2003 15:58 9§4??14923 GOREN OHEROF ET AL Invesmaent banks pay $140 million to settle qui tam cases aad yield-buraing charges PAGE 14/17 Page 4 of 4 · "Dain to pay $12.9 million to settle'muni bond abuses," Jill I. Batshay, St~zr Tr/bune, April 7, 2000. · "Brokers settle prieiug charges," Helen Hunt!ey, St. Petersburg Times," April 7, 2000. · "First Union to pay $7.7 million; securities fraud s~lel~ent reaches $140 million for investment banks," Carol Hazard, Richmond ~mes- Dizpatch, April 7, 2000. Wh¥~h~en' ~t~r~es 1 R~sou.-~G~ I wnnL,~ new 1999.2003 ~M~rllliz~ & CVaen. ^L1 ~'il~h~ r~,~xl httn://www.whistleblowers.com/H~ODY/MooneyLissack.htm 1 ~$/03 i2/0B/20e3 15: 5B 9~47714923 yield burning Definition GOREN OHEROF ET AL PAGE 15/17 P~ge I of 2 [ Get an unbiased Iool~ et your - woras.com[ reports today,Cb, rm,, web Schwab. [ Loot<in8 for a fresh angle? [ Interested in ~Get your FREE subscription to~ returns? Di portfolio. M~ [ ourfutures newsletter" ,, [ _ yield burning An illegal pracUce in which an underwater places excessive markups on bonds used ~o complete some types of municipal bond offerings. By marking up the price, the yield will fall, which is known as "burning" the yield. Give this definition a rating from 1 to 5J~5,=bel~g 1he best)... C'I C,,2 ~3 C, 4 ,0,5 Send us feedback about this definition [[--' Wail Strett Journal " Illf you think the Online Journal Ills JUST {he Journal Online.,, II Have we got news for you! I/ CLICK HERE' wish tO, tr-' USD EUR JPY CAD NZD GBP CHF ol~rm~ indicators. *'l'o~-J3~ct tradin(~ tc Fr~s edu 2% intsn unused Add this Glossary tO your Site I Bookmark InvestorWord..g0m InvestO~13ulc[,.com I WlserAdvlsor, oom I WebFinencelnc.com Disclaimer and Copyrlght~ htto://www.investorwords.com/cgi-bin/getword.cgi?~364 12/8/03 12/08/2003 iS: §B 9547714923 MoneyGlossary.com: Yield burning GOREN CHEROF ET AL PAGE 16/17 Page 1 of 1 MoneyGlossary.com Home Yield burning Definition: A mun/~o~l bond financing method. U__~d_erwritex~ in advmce.~f~gs ~d l~ge m~ps on US Tre~ bon~ bou~t ~d held ~ ~mw to ~sate invesWrs w~le w~g for r~a~t of old ~ aff~ i~nce of~e ~ew bond~. Since bond ~ces ~d ~elds move ~ o~o~i.~ ~ecfions, wh~ ~e ~n~ ~e ~rked up, they "b~ &~" ~e ~e~ ~ch may ~olate fed~ ~ ml~ md ~ishes ~ ~ues. * << Go._b_.ac_k Muni_e.~l Bond~ Muoiciual Bond~Se_ arch All-in-one site for bond buyers. Search for bonds by state, .Learn, search and buy, FMSbonds..maturity & credit: 35 Hanauer & Co. Est 1931 J~gnd Yield_Curve Easy pflcing and analysis for bonds Download e free trial of' · FIncad XL! Free HuoLcLoal BonC What are tax-fre~ munic bonds? Free Book Offer- 'Co., Adj .This defln~lon appea~ in Campbell Harvey's finance did:lonav,5 oM is used with permission, Clkkhere to order hb book, t..w../A .... ,,, ~,~.~volnG.n~-v ~.~,r,/%v-Yield+burnin~ 12/8/03 12/08/2003 15:58 9547714923 GOREN CHEROF ET AL Commodities Stock Glossary Yield bumi-g municipal bond PAGE 17/17 Pag~ l of 2 Recommendations: - .Tradina.avstems doo, sPoF~, DOW trading signals dire~ed towards mid - and long- term traders ,,. Past 12 months returns: +S9% +28% Our Ours Margin AS of December 07, 2003 Market Indicators Index Last % ._N~E $,t40.32 +0,25 ~ %935.92 .0,10 AMF-~ 1,12g.gg 'H .02 As of D~¢. 8.LN)03 10;45 ,~ MerketVolume.com Commodities & Stock Glossary: Yield burning .y- Term: Definition: Yield burning A munioipal B_9l~flnancing method. Underwriters in Ac[vNIr~ refundings add large markups_(Z(l U$_Tj:l~y..~onds bought and held in.EsLm__w_to compensate Investors while waiting for repayment of old bonds after iaauanGe of the new bonds. 8in~e bond prices and yields move in opposite directions, when the bonds are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. # I A I __a I __q I ~. I .IF, I F I .~ I H I :Z I -1 I .K, I .~ I -M ~[ I .~ I E I .Q I I~ I S I .T. I .U. I V I W___ I X-- I :~ I Z. t~....//. ...... *,-o4;.=-;,in;.m'v nnm/v00l 1 veld bumint,asl~ 12/8/03 REDEVELOPMENT AGENCY - ROLL CALL VOTES Chairman Finkelstein Alexander DeMarco Charles Fisher Don Fenton Vice Chair Heavilin Michele Ho~jland Henderson Tillman YES NO YES NO YES NO YES NO YES NO YES NO Vice Chair Heavilin Alexander DeMarco Charles Fisher Don Fenton Chairman Finkelstein Michele Hoyland Henderson Tillman Michele Ho¥1and Alexander DeMarco Charles Fisher Henderson Tillman Chairman Finkelstein Vice Chair Heavilin Don Fenton Henderson Tillman Chairman Finkelstein Charles Fisher YES NO YES NO YES NO YES NO Michele Hoyland Alexander DeMarco Vice Chair Heavilin Don Fenton YES NO YES NO s:\cc\wp~ninutes\cra\roll call sheets.doc ~I } WILLIAM R. HOUGH & CO. ~l~ Investments .~nce 1962 I00 SECOND AVENUE SOUTH, SUITE 800 ST. PETERSBURG, FLORIDA 33701-4386 (727) 895-8880 (800) 800-0061 FAX: (727) 895-8895 November 21, 2003 Ms. Susan Vielhauer Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Re: CRA RFQ No. 2003-4 Financial Advisor Services Dear Ms. Vielhauer: Pursuant to your call today for clarification of certain items in our proposal, please see the below: Question 5C - Professional Activities Litigation Employment Matters l) Involves four former investment bankers disputing the incentive compensation formula under which they were paid their final compensation. William R. Hough & Co. believes the calculations were done correctly and has so advised the complainants. The matter was filed in arbitration and the fa-rn expects to mediate the matter in December. 2) A former investment banker disputed the amount of investment compensation to which he was entitled. The original cause was filed in Pinellas County Circuit Court in October 2002. William R. Hough & Co. moved to have the matter dismissed to arbitration and the parties so stipulated. To date, no claim has been filed in the NASD's Abitration Forum. Customer Matters 1) To avoid costs of litigation, the firm recently agreed to settle a customer matter dealing with the suitability of a variable annuity for a particular client. The matter has now been dismissed ~om the NASD's Arbitration Forum. 2) Complaint filed in NASD's Arbitration Forum dealing with suitability of mutual fund for a particular client. While the parties have agreed to mediate the matter, William R. Hough & Co. believes it has meritorious defenses. 4279 Other 1) Pending civil matter in which William R. Hough & Co. was named as a third party defendant. The matter involves a disputed transfer of securities, by a joint tenant, from an account at another broker-dealer 'to an account at William R. Hough & Co. The underlying claim alleges another broker-dealer both breached its joint account contract with the Plaintiff and acted negligently in allowing the transfer of assets out of said account without the Plaintiff's knowledge and permission. Attachment 3 - STATEM-ENT OF PROPOSER'S QUAIJFICATIONS - Lawsuit~ With respect to an advance refunding transaction in Collier County, our firm, as a co-manager along with Raymond James & Associates, Inc., had an action filed against it by the Clerk of Collier County in March, 1999. The claims against this fn'm relate to a certificate it signed opining as to the market price of escrow securities supplied by another dealer. Our firm filed a motion to dismiss the action. William R. Hough & Co. continues to serve as Financial Advisor to Collier County. Other industry participants were named as defendants in a similar federal class action. In May 2001, to avoid the cos~ of litigation, the following in'ms entered into a settlement of the federal and state court class actions that has been approved by the U. S. District Court for the Middle District of Florida: A.G. Edwards & Sons, Inc., Credit Suisse First Boston Corp., Dain Rauscher, Inc., Dean Witter Reynolds, Inc., Deutsche Bane Alex. Brown, Inc. as successor to BT Alex. Brown, Inc., Donaldson, Lufkin & Jenrette Securities, Corp., Everen Securities, Inc., First Union Corp. as successor to Corestates Financial Corp., Goldman, Sachs Group, Inc., J.C. Bradford & Co., Lazard Freres & Co., Lehman Brothers, Merrill Lynch & Co., Morgan Stanley & Co., Prudential Securities, Inc., Raymond James & Associates, Inc., Salomon Smith Barney, Southwest Securities, Inc., Stephens, Inc., Stifel Nicholaus & Co., UBS PaineWebber, Inc., Warburg Dillon Reed, Wheat First Securities, Inc., and William R. Hough & Co. Please let me know if you have any additional questions or need any clarification. Sincerely, WILLIAM R. HOUGH & CO. Susan Hanlon Associate General Counsel SH/he 4280 Vielhauer, Susan Yom: Sent: To: Subject: Fred.Winterkamp@ocfl.net Monday, December 01,2003 1:24 PM Vielhauer, Susan RE: William Hough & Co Wm. R. Hough has been serving as Financial Advisor to Orange County since 2000. Hough has assisted the County in several complicated financings related to our world-leading Orange County Convention Center, our sales tax funded County Courthouse and County correctional facilities, and a complete restructuring of the County solid waste program which exists in a very competitive environment. Hough has demonstrated a concern for the long-term interests of the County and Hough has provided exceptional advice on accessing the markets, credit rating issues, and insuring debt. I am confident that Hough has the resources to capably assist your organization. Fred Winterkamp, Manager Fiscal and Business Services Division Orange County ..... Original Message ..... From: Vielhauer, Susan [mailto:VielhauerS@ci.boynton-beach.fl.us] Sent: Monday, December 01, :2003 1:12 PM To: ,mmiller~ci.orlando.fl.us' Cc: .cgarcia~hollywoodfl.org'; 'twalker@miamibeach.fl.gov'; 'hkunik~capecoral.net'; Winterkamp, Fred Subject: William Hough & Co ~ood Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services~ William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller 4281 Page 1 of 1 Vielhauer, Susan From: Mickey. Miller @ci.orlando.fl.us Sent: Monday, December 01, 2003 3:10 PM To: Vielhauer, Susan Subject: Re: William Hough & Co The City has a long standing relationship with Hough & Co. as both FA and lB at various times. Hough is one of the leading FA's in the stateand has considerable experience with various CRA districts. Hough has been involved in several Orlando CRA transactions. "Vielhauer, Susan" <VielhauerS@ci.boynton. beach.fi.us> 12/01/2003 01:11 PM To "'mmiller@ci.orlando.fl.us,. <mmiller@ci.orlando.fl.us> "'cgarcia @ hollywoodfl.org,. <cgarcia @ hollywoodfl.org>, "'twalker @ miamibeach.fl.gov'" <twalker@ miamibeach.fl,gov>, cc "'hkunik@capecoral.net,. <hkunik@capecoral.net>, "'fred.winterkamp @ co.orange,fl.us,. <fred.winterkamp @ co.orange,fl.us> Subject William Hough & Co Good Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services. William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller 4282 Page 1 of 1 Vielhauer, Susan From: Howard Kunik[hkunik@capecorai.net] Sent: Monday, December 01,2003 3:23 PM To: Vielhauer, Susan Subject: RE: William Hough & Co Hi susan The team from hough that work with us are Julie turner and candie mortenson...both are very capable and responsive to our needs...I find our relationship to be compatible and they offer the full range of services required for our growing community...recently, they assisted in two major refinancings and presentations before rating agencies for upgrades to our general obligation rating and receiving favorable water & sewer ratings...I hold heartedly recommend their services Howard Kunik Assistant city manager Cape coral 239 574-0457 ..... Original Message ..... From: Vielhauer, Susan [mailto:VielhauerS@ci.boynton-beach.fl.us] Sent: Monday, December 01, 2003 1:12 PM To: 'mmiller@ci.orlando.fl. us' Cc: 'cgarcia@hollywoodfl.org'; 'twalker@miamibeach.fl.gov'; Howard Kunik; 'fred.winterkamp@co.orange.fl.us' Subject: William Hough & Co Good Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services. William Hough & Co responded to the RFQ and listed each one of you as references. if possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller 4283 Vielhauer, Susan From: Sent: To: Subject: CARLOS GARCIA [CGARCIA@ hollywoodfl.org] Tuesday, December 02, 2003 7:52 AM Vielhauer, Susan Re: William Hough & Co -100.0 We just closed on $114 million water and sewer transaction that was extremely difficult since Hollywood has been in litigation with one of its large users, the City of Pembroke Pines. Our contact person at Hough, Sonya Little, did an outstanding job and kept us on track at all time. The fact that they have first hand knowledge of market conditions, since other members of the firm trade munis, helped us to get an extremely low interest rate, 4.2%. I highly recommend them. >>> "Vielhauer, Susan" <VielhauerS@ci.boynton-beach.fl.us> 12/1/2003 1:11:38 PM >>> Good Afternoon, I am with the Boynton Beach Community Redevelopment Agency and we placed an RFQ for Financial Advisory Services. William Hough & Co responded to the RFQ and listed each one of you as references. If possible, could you take a few minutes and let me know how they are doing for your organization and governments. I will be past on to my Board. Thanks You, Susan Vielhauer Controller IX. New Business Any person who decides to appeal any decision of the Commurtity 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 re, a.qnnahlv Memo To: From: Subject: Date: CRA Board Doug Hutchinson - Executive Director Consideration of Burkhardt Construction Contract amendment for Authorization of up to 100% construction Documents December 1, 2003 Denise Haynes will be presenting to the CRA Board a project update and details for the next phase of the Boynton Beach Boulevard/ Riverwalk / Promenade Project. Attached is the change order from Burkhardt Construction for Change Order #2 Boynton Beach Boulevard / Riverwalk / Promenade Project. This change order will authorize up to 100% construction documents. Legal Staff has reviewed the documents and approved them. 4285 December 9, 2003 Mr. Douglas Hutchinson Director Boynton Beach Commullity Redevelopment Agency 639 East Ocean Ave. Boynton Beach, Florida 33435 Re: Boynton Beach Boulevard Extension Design Services for Roadway Improvements ARer our successful selection to provide the Design/Build services for the Boymon Beach CRA's exciting projects along Boynton Beach Boulevard, Burkhardt Construction, Inc./Kimley-Hom and Associates, Inc. (KHA) is pleased to submit this proposal. To dam our services have included the production of design development documents for the roadway section of the project. These documents have sohdified the roadway horizontal improvements, landscape design, and identified the gateway into the'project. Now that this task has been approved by thc CRA, we need to continue our efforts in moving the project forward by having the CRA approve the next step in the project. The next step includes preparing the construction drawings for the roadway segment of the project. This task will also include submittal of the permit applications for this segment of the project. Additionally, we will need to obtain additional survey and geotecbnical information to allow us to complete thc 30% plans for thc Promenade and Riverwalk segments of the project. I have attached the aforementioned scope and fee for your review and comment. It should be noted that tasks 1.2, 1.4 & 3.12 are related to City Utilities and shall be invoiced separately for reimbursement by same. We look forward to continue working with you on this exciting project. Cordially, BURKHARDT CONSTRUCTION, INC. Denuis E. Haynes Vice President EXFIIBIT F CHANGE ORDER NO. CHANGE ORDER 2 CONTRACT NO. BBB 2003-1 TO: BURKHARDT CONSTRUCTION,..INC. 1400 ALABAMA AVE., #20 WEST PALM BEACHt FL 33401-7048 DATE: DECEMBER 9, 200~3 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAME PROMENADE AND RIVERWALK PROJECT PROJECT NO. BBB 2003-1 Under our AGREEMENT dated JUNE 26 ,2C 03 You hereby are authorized and dii'bcted to make the following change(s) in accordance with terms and conditions of the Ag-reement: THREE HUNDRED, THIRTY-EIGHT THOUSAND FOR THE (Additive) (Deductive) Sum o~ FIVE HUNDRED EIGHTY & 00/100 ($ 338,580.00 ). Original Agreement Amount Sum of Previous Changes $ 115,800.00 352,250.00 This Change Order (Add) $ 338,580.00 Present Agreement Amount $ 806,630.00 The time for completion shall be (increasedFu'btSfetge~) bv ninety( 9 0 ) calendar days due to this Change Order. Accordingly, the Contract Time is now N.A. ( ) calendar days and the final completion date is N.A. . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Change Order. Check if applicable and provide written confirmation from the bonding company/agent (attorney-in- fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. ECEMBER 9 / /~?0 03 By: Architect/Engineer By: Owner Boymon Beach CRA, November Ex~bk"A' SCOPE OF SERVICES Task 1 - Survey 1.1 Submerged Land Survey" The consultant will obtain a specific purpose survey that identifies the Intracoastal Waterway depths at 100-foot intervals. The extent of these sounding shall include the extemion of the Boynton Beach Roadway limits north to the limits of the CRA's property. The soundings shall extend from the existing mangroves east to the Intracoastal Waterway. This survey shall also identify the limit~ of the CRA's submerged property. 1.2 Pump Station Survey (To Be Reimbursed By City Utilities) The consultant shall obtain a specific purpose survey that identifies the topographic features of the old wastewater pump station area. This survey will include the location of surface features, inverts and locations of storm/sanitary structures, spot- elevations at 50-foot intervals, and providing a boundary of the property. This survey is required for the design of the parking lot/staying area. 1.3 Relax Inn Survey The consultant shall obtain a specific purpose survey that identifies the topographic features of the existing site located in the southeast quadrant of the Boynton Beach Boulevard/Federal Highway intersection. This survey will include the location of surface features, inverts and locations of storm/sanitary structures, spot-elevations at 50-foot intervals, and providing a boundary of the property. 1.4 Federal Highway Survey (To Be Reimbursed By City Utilities) The consultant shall obtain a specific purpose survey that identifies the topographic features of Federal Highway for one block north of the Boynton Beach Boulevard intersection This survey will be utilized for the design of the proposed watennain upgrades and the under grounding of the existing overhead utih'ties. This survey will include the location of surface features, inverts and locations of storm/sanitary structures, cross sections at 100-foot intervals and stationing along the roadway. B~y~to~ Be,~ CRA, Nov~mS~r 21, Page Task 2 - Geoteclmical Investigations 2.1 Monument Structures Two structures are proposed with a maximum above grade height of 250 feet. One will be near the center of the propos~ed cul-de-sac and the other will be near the end of the wood chip road and the Intra~oastal Waterway. One (1) boring per proposed location will be provided. These borings will be located as close to the proposed center of the structure as possible. The depth of each boring will be 60 feet or untii'a minimum of 5 feet of consecutive 25 blow counts (or better) material is encountered. If the Geotechnical Engineer feels that there is enough statable material encountered, a maximum boring depth of 100 feet can be held. For the monumental structures, the gateway features and the promenade, a report with the following minimum information will be provided: soft parameters encountered, boring logs, allowable bearing capacities, internal angles of friction, cohesion values, lateral coefficients, allowable skin fi-iction values, unit weights, and water table elevations along with suggestions for foundation preparation, removal of unsmtable material, considerations for placing of driven concrete piling, and considerations for placing of auger cast concrete piling. 2.2 Gateway Features Two gateway features are proposed with two foundations each to a maximum above grade height of 40 feet. They will be located on each side (north and south) of Boynton Beach Boulevard just east of Federal Highway. One (1) boring per proposed foundation location will be provided. At a minimum the depth of each boring should be 40 feet. The approximate locations are designated on the plans. The location shown is near the proposed structure without encroaching into the existing sidewalk. 2.3 Promenade The Promenade is located from the proposed cut-de-sac of Boynton Beach Boulevard east to the Inl~acoastal Waterway. One (1) boring approximately every 100 feet along the proposed route of the promenade will be provided. The depth of each boring should be 40 feet with a water elevation recorded at each boring location. The borings shall be taken as close to the proposed centerline of the promenade while taking care to avoid existing underground utilities. AOO~ Bo~nton Be.~ch CRA. November 21~ P~ $ 3.3 3.4 3.5 3.6 3.7 3.8 Plan and Profile Sheets Horizontal ali~ments and geometric improvements will be detailed on the plan sheets. Proposed mainline and cross street vertical profile grades will be detailed on the plan sheets. General Notes General notes defining the basis of design and construction requi~ements will be provided. Drainage Improvements Based upon the calculations that were conducted during the design development phase of the project, drainage imwovements will be detailed on the plan and profile sheets. Inlet types, locations, and elevations will be identified on the construction drawings. Additionally, pipe lengths, sizes, and diameters will be identified on the drawings. Landscape, Hardscape and Irrigation Improvements Landscape and irrigation layouts will be provided as outlined within the approved Design Development submittal. Included will be the mainline layout of the irrigation system for the project. Gateway/Entry Features Plans, sections and details for the project gateway/entry features and the monument on the east end of the project will be provided in the construction documents. These details will be in accordance with Option "l" of the Schematic Design that was approved by the CRA. Pedestrian Lighting Improvements Pedestrian lighting layouts will be provided based on a recommended foot candle illumination level developed by the CRA and the consultant team. The lighting will be in accordance with the existing lighting that is located in the park adjacent to the project. Boynton Beach CRA, Nov~nber 21, P~e 4 2.4 Riverwalk The Riverwalk is located along the Intracoastal Waterway west shore line north of the end of the Promenade. One (1) boring approximately every 50 feet along the proposed route of the Riverwalk (approximately 1100 feet) will be provided. The depth of each boring should be 40 feet with a water depth recorded at each boring location. The borings shall be take~i on alternating sides of the proposed Riverwalk. These borings will require a barge mounted rig to obtain the data. 23 Hydraulic Conducl~'ty Hydraulic Conductivity values will be required to design the proposed exfdtration trench ia accordance with the South Florida Water Management Basis of Design. The following test locations will be obtained: One between Federal Highway (US I) and NE 6th Court. One between NE 6th Court and the proposed cul-de-sac. One just south (in the road right of way) of the cul-de-sac. One in the Promenade section between the cul-de-sac and the end of the existing wood chip road. 2.6 Pavement Design and Muck Location Pavement design recommendations will be provided for the proposed roadway and promenade sections. These sections will include: The section between Federal Highway (US 1) and NE 6th Court. The section from NE 6th Court to and including the cul-de-sac. The Promenade (from the cul-de-sac to the Intracoastal Waterway). Task 3 - Construction Documents Based upon the approved Design Development ali~ment (30% plans), the Consultant will proceed with coustmction documents for the Boynton Beach Boulevard extension segment of the project. The construction document set will include the following: 3.1 Cover Sheet A cover sheet utilizing the standard Boynton Beach CRA cover sheet will be provided. 3.2 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. It is anticipated that two typical sections will be required, one typical describing construction on Boynton Beach Boulevard west of 6t~ Street and one east of 6th Street. BoFntal B~h CRA, Nov~ab~ 21, Pa~i: 7 3.14 3.15 Electrical Plans and Details These shec~s will identify lighting service point details, streetlight poles, lighting circuits, mounting height, and wattage as well as the coded notes fi:om wiring schematics. Additionally, lighting for the landscape areas and special feature will be prodded. Relax Inn Parking Lot Improvements Construction plan sheets indicating typical parking lot layout, signing and pavement marking, and minimal landscaping will be provided for a proposed parking lot on the Relax Inn site. These improvements will be designed with minimal acceptable City code standards for use as a temporary parking lot and staging area for the construction activities of the Boynton Beach Boulevard project. Drainage improvements will be included for this site that tie into the overall streetscape design project and permitting. Construction Plan set summary of estimated sheets: Cover Sheet Typical Sections Plan and Profile Sheets (Roadway) General Notes Miscellaneous Construction Details Miscellaneous Drainage Details Utility Plans and Details Signing and Pavement Marking Plans Landscape Horizontal Control Plans Intersection and Area Enlargements Irrigation Plans and Details Electrical Plans and Details Hard/Softscape Details Gateway and Entry Feature Plans and Sections Relax Inn Paring Lot Improvements 1 1 3 1 2 2 3 3 3 3 3 3 3 4 1 Total Number of Sheets 36 The Consultant will provide 10 copies oftbe construction document plan sets to the CRA for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with CRA to review the final design plans. Bo~ B~,h CRA, Nov~nber 21, P~,~ 6 3.9 Intersection Improvements There are two smaller intersections that will be improved as part of this project. The si~ificant intersection is located at the intersection of US-1 and Boynton Beach Boulevard. No signal modifications/additions will be required as part of this project for the US- 1 intersection. The two smaller intersections are both along Boynton Beach Boulevard and are at the intersection of NE 6t~ Street and the entrance into the new development at the marina. 3.10 3.11 3.12 3.13 Miscellaneous Drainage Details These sheets will provide construction details that are not included in the Florida Department of Transportation Standard Indexes or City of Boynton Beach details. Miscellaneous Construction Details These sheets would provide construction details, which are not included in the Florida Department of Transportation Standard Indexes, or City of Boynton Beach details. Watermain/Sanitary Sewer Plans and Details fro Be Reimbursed By City Utilities) These plan sheets will include necessary information for construction of the waterline improvements that will connect the Marina Village project to the City's watermain. The watermam improvements will include extending a 1 O-inch watermain from the entrance of the Marina Village project to Federal Highway. The 10-inch watermain will then extend north along Federal Highway to 4' Street and connect into an existing waterma/n. Additionally, a 24-inch sanitary sewer will be designed from the entrance of the Marina Village project to connect into the existing manhole located within the corridor to allow the Marina Village to abandon the existing 24- inch sanitary sewer within its property. Construction details, which are not included in the City of Boynton Beach standard details, will be provided. Signing and Pavement Marking Plans Construction plan sheets indicating typical signing and pavement marking applications to be applied within the project limits will be provided in the plan set. Boynton Beac, h CRA, November 21, Pa~ 8 Task 4 - Gateway and Promenade Monument Design Thc Consultant will provide footing, foundation, and structural design for the Gateway entry into the Boynton Beach Boulevard entrance located at the intersection of Federal Highway. This gateway will be as per option "1" in the Schematic Design workbook. Additionally, the Consultant will provide footing, foundation, and structural design fo~ the entry from Boynton Beach Boulevard extension onto the Promenade. The third element of this task will include the structural foundation design for the monument structure that will be located in the center of the cul-de-sac area at the eastern end of the Boynton Beach Boulevard extension area. The information included in the design of this task consists of the following: 2. 3. 4. 5. 6. 7. Structural Analysis Connection details Individual member details Material selection Foundation requirements Fabrication details Assembly details Task 5 - Specifications It is intended that the Florida Department of Transportation technical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental specifications will be forwarded to the CRA for review and approval. Task 6 - Permit Submittals All permit fees will be paid directly by the CRA and are not included in the lump sum fees. Any si~ificant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that permits will be required for this phase of the improvements from the following agencies: 5.1 5.2 5.3 5.4 5.5 5.6 5.7 South Florida Water Management District (SFWMD) United States Army Corp of Engineers (USACE) Florida Department of Environmental Protection (FDEP) Florida Department of Transportation (FDOT) Palm Beach County Traffic Engineering City of Boynton Beach Utilities Boynton Beach Engineering Boymon Beach CRA, November 21, P~ge 9 Task 7 - Public Meetings and Presentations Our prOposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described within the above tasks. The consultant shall prepare graphics for and pres ~cnt the plans to the CRA board at the completion of the construction documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. Task 8 - Utility Conversion Coordination The Consultant will coordinate with the various utility companies the relocating of the systems underground. The new underground facilities will need to be located on our construction documents to minimiT¢ conflicts with roadway, utilities, drainage and beautification improvements. Therefore, the coordination of the overhead conversions to underground will continue during this phase of the project. Task 9 - Pot Hole Verification of Utility Locations The Consultant will hire a sub consultant to verify the horizontal and vertical locations of the utihties within the comdor where proposed improvements could interfere with existing utilities. Up to 20 pothole locations will be coordinated and the locations obtained to assist with the development of the construction drawings. Once the pothole information is obtained, the resulting data will be added to the construction drawings and utilized as part of the design process. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task I through 4. These services may include but are not limited to such items as the following: · Preparation of right of way acquisition sketches or descriptions. · Significant redesigns of the drainage system to meet additional SFWMD requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. · Making traffic counts or undertaking other traffic related analysis. · Traffic signal plans. · Design of habitable structures including museum and theater facilities. · Mitigation Plans. Boynton Be~ch CRA, November 21, P~e 10 COMPENSATION We will provide the scope of services as described as outlined below. Basic Services Lump Sum Amount Task 1 - Survey .................................................................................... $ t 1,000 Task 2 - Geotechnical Investigations ....... ~ ............................................ $54,500 T ask 3 - Construction Documents .................................................... $127,500 Task 4 - Specifications ........................................................ $9,500 Task 5 - Gateway and Promenade Monument Design .......................... $82,000 Task 6 - Permit Submittals .................................................................. $11,000 Task 7- Public Meetings and Presentations ......................................... $15,080 Task 8 - Utility Conversion Coordination ............ $5,200 Task 9 - Pot Hole Verification of Utility Locations ............................... $7,800 Expenses ................................................................................................. $15,000 Total $338,580.00 SCHEDULE We will provide the services outlined above as expeditiously as possible to meet a mutually agreed upon schedule. O:'~:)y'nton Be~cb CR.A\~ ford~aign(road~ay).do~ From: To.' Project: Engineer: Plans: Initial Opinion Of Probable Cost Updated Through December 1, 2003 Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase I Boyonton Beach Blvd Extension From Federal Highway To Cul De Sac/Promenade Entry Kimley -Hom And Associates, Inc. 4431 Embarcadero Ddve West Palm Beach, FI. 334070 Sheets SP-1 And SP-2, Dated 11/25/03' Sheets 1, 2.1,3,1,4.1,4.2, 4.3, 5.1, 5.2, 5.3, 6.1,6.2, 6.3, 7.1,7.2,8.1, SP-1, SP-2, SP-1, SP-2, IR-l, IR All Sheets Dated 11/19/03 Except 6.1 & 6.2 Dated 11/6/03, 7.1 Dated 10/6/03, 7.2 Dated 11/6/03 SP-1 Dated 11/20/03, Sp-2, SP-1, SP-2, IR-l, IR-2 & E-l, Dated 11/26/03 24 Sheets Total, All Prepared By Kimley-Hom And Associates, Inc. Geotechnical Engineering Services Report By Tiera, Dated Nov. 20, 2003 itc-~i Description Quantity Unit Price Amount Mobilization/General Conditions Mobilization/General Conditions Maintenance of Traffic Maintenance Of Traffic Clearing and Grubbing Site Clearing Grubbing And Disposal $ 475,000.00 1 LS $ 475,000.00 $ 475,000.00 $ 45~000.00 1LS $ 45,000.00 $ 45,000.00 $ 27~000.00 1LS $ 27,000.00 $ 27,000.00 Grading Roadway Grading Unsuitable Subsoil Excavation & Removal Roadway Fill/Compaction Excavation For Landscaping Fine Grading Final Dressing/Cleanup 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS $ 15,000.00 $ 35,O00.0O $ 73,500.00 $ 5,500.00 $ 7,000.00 $ 10,000.00 $ 146r0~.00 $ 15,000.00 $ 35,000.00 $ 73,5OO.0O $ 5,500.00 $ 7,0O0.00 $ 10,000.00 Storm Drainage P-9 Curb Inlet C Catch Basin Valley Gutter Inlet Manhole Exist MH Adjustments French Drain 15" HDPE 11 EA $ 3,250.00 2 EA $ 1,750.00 1 EA $ 1,750.00 2 EA $ 2,250.00 13EA $ 700.00 240 LF $ ~ 75.00 640 LF $ 50.00 $ 104~600.00 $ 35,750.00 $ 3,500.00 $ 1,750.0O $ 4,500.00 $ 9,100.00 $ 18,000.00 $ 32,000.00 Subgrade & Base & Asphalt 6" Limerock Base 8" Limerock Base 12" Stabilized Subgrade Asphalt 4850 SY $ 9.00 5220 SY $ 12.00 8755 SY $ 5.OO 350 TON $ 70.50 $ 174,748.08 $ 43,650.00 $ 62,640.00 $ 43,775.00 $ 24,675.00 Concrete Work Type "F" Curb & Gutter Type "D" Curb 12" Header Curb Valley Gutter Landscape Planter Coping 600 LF $ 14.00 1545 LF $ 14.00 135 LF $ 20.00 760 LF $ 23.00 1302 LF $ 55.00 $ 121,820.00 $ 8,400.00 $ 21,630.00 $ 2,700.00 $ 17,480.00 $ 71,610.00 Surface Tma'a~ent Precast Roadway Pavers Roadway Paver Modifications (U.S.1) Precast Sidewalk Pavers 17290 SF $ 6.50 1 LS $ 15,000.00 43400 SF $ 6.00 387~785,00 112,385.00 15,000.00 260,400.00 Hardscape Tree Pits Cylindrical Planter Edging Screen Wails 40EA 1302 LF 500 LF $ 750.00 $ 125.00 $ 300.00 $ 342?750.00 $ 30,000.00 $ 162,750.00 $ 150,000.00 Furnishings Socrates Bench Litter Bin Removeable Bollards Modular Bench Newsracks 20 Ea 20 Ea 14 Ea 40O LF 10 Ea $ 2,500.00 $ 1,600.00 $ 1,500.00 $ 200.00 $ 1,000.00 $ 193~000.00 $ 50,000.00 $ 32,000.00 $ 21,000.00 $ 80,000.00 $ 10,000.00 Architectural Features and Sculpture Entry Feature Landmark Architectural Feature Art Sculpture 2EA 2EA 6EA T.B.D T.B.D T.B.D Electrical & Street Lighting Street Lighting Pole #1 (25'Ht.) Street Ughting Pole ~2 (13' Ht.) Uplighting Sculpture Lighting Architectural features Lighting Vendor Power Outlets Multi-use Rest~oom Electrical Electrical Service Points Conduit, Widng, Pull Boxes 12 Ea $ 7 Ea $ 172 Ea $ 24 Ea $ ILS $ 30 Ea $ ILS $ 3 Ea $ ' 1LS 4,200.00 3,850.00 600.00 600.00 50,000.00 850.00 30,000.00 9,500.00 65,000.O0 $ 393,950.00 50,400.00 26,950.00 03,200.00 14,400.00 50,000.00 25,50O.OO 30,000.00 28,5OO.OO 65,000.00 Landscaping Live Oak Trees Mahogany Trees Red Maple Trees Royal Poinciana Trees Purple Tabebuia Trees Gumbo limbo Trees Royal Palm Trees Veitchia Palm Trees Medjool Date Palm Trees Sabal Palm Trees 3-Gal. Plants/Shrubs 1-Gal. Plants/Ground Cover/Flowering Plants Sod Root Barder Planting Soil Mulch Fertilizer Tree Bracing 40 Ea $ 2,000.00 18 Ea $ 750.00 8 Ea $ 750.00 6 Ea $ 550.00 5 Ea $ 700.00 8 Ea $ 750.00 24 Ea $ 2,500.00 30 Ea $ 700.00 6 Ea $ 5,000.00 8 Ea $ 225.00 1000 Ea $ 15.00 2000 Ea $ 7.00 5000 SF $ 0.40 1302 LF $ 11.00 750 CY $ 30.00 100 CY $ 30.00 1 LS $ 2,000.00 1 LS $ 5,000.00 $ 302,922.00 $ 80,000.00 $ 13,500.00 $ 6,000.00 $ 3,300.00 $ 3,500.00 $ 6,000.00 $ 60,00O.0O $ 21,000.00 $ 30,000.0O $ 1,800.00 $ 15,O00.00 $ 14,000.00 $ 2,O00.00 $ 14,322.00 $ 22,500.00 $ 3,000.0O $ 2,000.00 $ 5,000.00 Irrigation Piping, Main lines, Zone lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Service/Connection 1 LS 1 LS 1 LS 1 LS $ 25,000.00 $ 6,500.00 $ 4,000.00 $ 2,500.00 $ 38,000.00 $ 25,000.00 $ 6,500.00 $ 4,000.00 $ 2,500.00 Building Features Bus Shelters Multi-use RstrmJSecurfty/Ticket/Storage Bldg. I Ea 1 Ea $ 40,000.00 $ 500,000.00 $ 540~000.00 $ 40,000.00 $ 500,000.00 Signing & Striping Striping Signage Signalization Modifications ~ U.S.# 1 Mast Arm Poles Con,oiler Cabinets Wiring and Electrical Connection Loop Detectors $ 20~000.00 1 LS $ 15,000.00 $ 15,000.00 1 LS $ 5,000.00 $ 5,000.00 $ 218,~00.00 1LS $ 180,000.00 $ 180,000.00 1LS $ 30,000.00 $ 30,000.00 1LS $ 5,500.00$ 5,500.00 1LS $ 3,000.00$ 3,000.00 Contingency $ 350~000.00 10% Of Construction Value 1 LS $ 350,000.00 $ 350,000.00 Total Opinion Of Probabl~ Cost $ 3,881,067.00 2 Special Provisions Price Is For Extension Of Boynton Beach Blvd. From Federal Highway To Cul-De-Sac/Entry To Promenade Only. Upon Completion Of 30% Drawings For Promenade/Riverwalk O.P.C. For Those Sections Shall Be Presented. Price Does Not Include Cost Of Custom Architectural Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark Architectural Features. Pdce Does Not Include Costs Associated With City Utility Installations Within The RAN Pdce Does Not Include Relocation Or Undergrounding Of Franchise Utilities. Upon Receipt Of F.P.L./Bell South Design O.P.C. Shall be Prepared. Price Does Not Include Temporary Improvements For "Relax-Inn" Site Or Temporary Construction Acces Road. See Separate Proposal For These Items. From: To: Project: Engineer: Initial Opinion Of Probable Cost Updated Through December 1, 2003 Burkhardt Construction, Inc. 1400 AJabama Ave. ~r20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Relax Inn Site Improvements KJmley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: None Item Description Unit Price Amount Mobilization/General Conditions Mobilization/General Conditions Maintenance of Traffic Maintenance Of Traffic Clearing and Grubbing Site Cleadng Grubbing And Disposal 1 LS $ 15,000.00 1 LS $ _ 1 LS $ 2,000.00 16,000.00 15,000.00 - $ 2~000.00 $ 2,000.00 4302 Grading Site Grading Final Dressing/Cleanup 1 LS 1 LS 3,250.00 1,500.00 $ 4~7S0.00 $ 3,250.00 $ 1,500.00 Storm Drainage C Catch Basin Manhole Tie-in To Existing Drainage French Drain 15" HDPE 2EA lEA lEA 150 LF 150 LF $ $ $ $ $ 1,750.00 2,250.00 1,000.00 75.00 50.00 $ 25~500.00 $ 3,500.00 $ 2,250.00 $ 1,000.00 $ 11,250.00 $ 7,500.00 Subgrade & Base & Asphalt 6" Limerock Base (Parking Lot) 8" Limerock Base (Access Road) 12" Compacted Subgrade Asphalt, 1' 1/2 In. (Access Road) Asphalt, 1 In. (Parking Lot) 2250 SY 1500 SY 3750 SY 125 TON 125 TON $ $ $ $ $ 9.00 12.00 1.50 70.50 70.50 $ 61,~00.00 $ 20,250.00 $ 18,000.00 $ 5,625.00 $ 8,812.50 $ 8,812.50 Concrete Work Type "D" Curb 600 LF $ 8,400.00 14.00 $ 8,400.00 Electrical & Street Lighting It Is Anticipated That Existing Street lighting Will Suffice. No Additional lighlJng ts Included Landscaping Live Oak Trees 3-Gal. Plants/Shrubs Sod Planting Soil Mulch Fertilizer Tree Bracing 22 Ea 340 Ea 1250 SF 15 CY 10 CY 1 LS 1 LS 250.00 15.00 0.40 30.00 30.00 250.00 300.00 $ 12,400.00 5,500.00 5,100.00 5OO.OO 450.00 300.00 25O.OO 300.00 Irrigation Piping, Main lines, Zone lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Service/Connection 1 LS 1 LS 1 LS 1 LS 3,000.00 1,500.00 750.00 1,500.00 $ 6,750.00 $ 3,000.00 $ 1,500.00 $ 750.00 $ 1,500.00 Fencing 6 Ft. Ht. Fence Gates 600 LF 2 Ea 12.00 200.00 $ 7~600.00 7,200.00 4OO.OO Signing & Striping Striping Patldng Lot Signage Project Sign 1 LS $ 1,250.00 ILS $ 500.00 1 LS $ 2,500.00 1,250.00 500.00 2,500.00 Total Opinion Of Probable Cost $ 148,150.00 Meeting Minutes Workshop on Boynton Beach Boulevard Corridor Plan & Urban Design Guidelines 13oynton Beach, Florida November 13, 2003 Chair Finkelstein stated that this Plan was a generalization that would be followed with actual zoning documents. He still wondered where the rest of the District was and how this piece would be meshed in with the Ocean District Plan. He felt that with the Ocean District Plan nearing completion, it was time for a dialogue, and Ms. Rivers agreed, saying that this was the next step. Urban Desiqn Guidelines - Outline Draft Mr. Malyszka distributed copies of RMPK's draft Urban Design Guidelines, which are on file in the City Clerk's office. Board Comments and Discussion The guidelines need to include all zoning districts in the CRA boundary. The map needs to include all of the Heart of Boynton. > RMPK should develop a color palette and signage. The transition zones need to be addressed. Take art in public places out of the guidelines. The Board will make a recommendation to the Commission that a public art committee be established. IVlr. Hutchinson explained that the design guidelines would set the architectural designs, setbacks, landscaping and so forth for all projects that come into the CRA boundaries. They will be bringing all the district studies together in one document and this is the path to get there. IVlr. Hutchinson stated that there was single family in the CRA area as well as industrial and that the goal was to have a document that covers overall design guidelines for the entire CRA that can be given to developers who are considering developments in the area. Ns. Rivers commented that the draft guidelines only covered the Mixed Use Low District for verification that RMPK is going in the right direction. IVlr. Tillman asked for and received verification that the final design guidelines would include the entire CRA with all the various zoning districts. Vice Chair Heavilin asked if some of the CBD guidelines in the CRA might be extended to areas that are contiguous to proposed redevelopment sites. Hr. Hutchinson stated that the answer was, basically, no. Some of the lines have been established by legal documents, and the CBD is locked into traffic concurrencies, densities, and so forth for MZNUTES OF THE COMMUNZTY REDEVELOPMENT AGENCY WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM~ BOYNTON BEACH~ FLORZDA~ ON THURSDAY~ NOVEMBER 13~ 2003 AT 6:00 P.M. PRESENT Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Al DeMarco Don Fenton Henderson Tillman Doug Hutchinson, CRA Director ABSENT Charles Fisher Michelle Hoyland SUB.1ECT: BOYNTON BEACH BOULEVARD CORRi'DOR PLAN - DRAFT URBAN DESIGN GUIDELINES- DRAFT Presented by Rr4PK Group · Mr. Corey Malyszka, Urban Planner Ms. Jody Rivers, Senior Project Manager Members of the City Commission, City staff, and interested citizens attended a presentation of the subject Plan and Guidelines. A copy of both documents is available for reference in 'the City Clerk's office. I. Boynton Beach Boulevard Corridor Plan - Draft Mr. Malyszka displayed streetscape plans and sections of the Boynton Beach Boulevard Corridor Plan. He sought comments from the Board to verify that RMPK was headed in the right direction. Board Comments and Discussion RMPK needs to coordinate lane widths, building densities and setbacks with City staff. The building suggested by the designer on Seacrest and Boynton Beach Boulevard has a 60-foot height. This is a transition zone to the Ocean District and will need to be addressed. The Board likes the 20-foot setbacks, the bicycle path, and ample greenspace. The implementation plan is next. Meeting Minutes Workshop on Boynton Beach Boulevard Corridor Plan & Urban Design Guidelines Boynton Beach, Florida November 13, 2003 planning purposes. However, it may depend on the area in question whether design guidelines would stretch to include contiguous businesses. Wrap-Up Chair Finkelstein stated that the Board members would review the drafts and come back to Mr. Hutchinson with questions or comments in the next two weeks. Hr. Malyszka stated that RMPK would come back with more sub-categories including industrial and possibly single-family uses. Mr. Hutchinson stated that RMPK should consider the uses within the CPA's boundaries and give them a way to address anything that comes through the door for development. Mr. DeMarco wanted to see the staff and the City Commission kept up to date on the project, since they might also have some thoughts. Chair Finkelstein said this updating would be left up to CPA staff. Since there was no further business before the Board, the meeting was duly adjourned at 7:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (111703) 4218 MEETING MINUTES OF THE REGULAR COMMUNITY REDELEVOPMENT AGENCY MEETING HELD IN THE LIBRARY PROGRAM ROOM, 208 SOUTH SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA ON THURSDAY, NOVEMBER 20, 2003 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Chadie Fisher Michelle Hoyland Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney I. Call to Order Chairman Finkelstein called the meeting to order at 6:37 p.m. II, Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval Motion Additions, Deletions, Corrections to the Agenda Mr. Fisher moved to approve. Motion seconded by Vice Chair Heavilin and unanimously carried. IV. Consent Agenda A. Approval of Minutes--October 14th Special Meeting; October 14th Regular Meeting, and October 30th Continuation Meeting Chairman Finkelstein pointed out that updated pages to the Financial Statement were distributed and requested that they be substituted for the pages in the agenda packet. Chairman Finkelstein requested that on page 12 (3926 of the agenda) in the minutes of October 30, 2003, the first sentence of the first paragraph be changed to delete the words "that it signed" and substitute the words." that the Director signed." Ms. Hoyland noted that in the October 14, 2003 minutes the words "Kimley-Horn" and Arch~tectromca were spelled incorrectly throughout the minutes. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 B. Financial Report Mr. Fisher noted on the income statement it reflects an out-of-pocket expense for the launch project of $924.24 and inquired if the CRA has been reimbursed by BODA. Ms. Vielhauer responded that one check was received on the first of the month and will be indicated on the November income statement. Mr. Fisher inquired if any additional funds will be coming in from BODA and Ms. Vielhauer expects two more checks. Recommendation for Signer on the Public Depositor Annual Report to the Chief Financial Officer Vice Chair Heavilin inquired if two signatories were needed. Ms. Vielhauer said that there could be one or two signatories. This will be their first annual report and the Board needs to authorize someone to file it. Vice Chair Heavilin felt that Ms. Vielhauer's signature would be sufficient. Motion Vice Chair Heavilin moved to remove item IV.C. from the consent agenda. Motion seconded by Mr. Fisher and unanimously carried. Motion Mr. Fisher moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Motion Vice Chair Heavilin moved that the Controller of the CRA be designated as the authorized signatory for Public Depositor on the Annual Report. Motion seconded by Mr. Fisher and unanimously carried. V. Public Audience None VI. Public Hearing A. Zoning Code Variance Project: Agent: Owner: Location: Description: Buchanan Variance (ZNCV 03-019) James E. Buchanan James E. Buchanan 807 Ocean Inlet Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 twenty-five (25) foot rear yard setback to allow a seven (7) foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district Attorney Payne administered the oath to all persons who would be testifying. Maxime Ambd~e-Ducoste presented the item on behalf of staff. Mr. Am~dbe-Ducoste explained that the applicant is requesting a seven-foot variance to reduce his rear setback from the required 25' to 18'. The property received two variances last year in order to add on a second story. The applicant is requesting a rear yard setback to accommodate a rear yard balcony overhang since the rear yard already has a non- conforming setback. The awning would extend over the covered screened patio. Staff is recommending denial to avoid creating any kind of impact upon the adjacent property owners. James Buchanan, 807 Ocean Inlet Drive, did not realize that his backyard was nonconforming; otherwise he would have requested the variance when he applied for the previous variances. Mr. Buchanan stated that the screen porch already has a setback of 22' with an overhang of 2'. He is requesting an additional overhang of 2' and is not requesting a variance for increasing his lot coverage. Mr. Buchanan demonstrated how the awning would be utilized. He pointed out that his porch gets very wet during stormy weather and with the additional overhang he would be provided more protection. He further felt that the awning would be consistent with other types of renovations taking place in the neighborhood. Chairman Finkelstein opened the public audience. Martin E. Lisiewski, 331 Oregon Lane, Boca Raton, Florida, presented a power of attorney from his brother Walter J. Lisiewski, Jr., who lives in the first house west of the subject property, a copy of which is on file with the City Clerk's Office. Mr. Lisiewski stated that his brother objects to the variance and feels that the applicant has already received several variances. His brother intends to install a swimming pool in his backyard and felt that the overhang would invade upon his privacy. Mr. Buchanan pointed out that there already is a second-stow deck on the property and the variance would merely extend it by 2'. Mr. DeMarco asked what the square footage of the house was and was informed it was 3,000 square feet with a lot of open circulation space. He also asked what the square footage of the land was and was informed it was 7,350 square feet. Mr. Buchanan pointed out that he was not requesting a variance to increase the land coverage. Mr. DeMarco inquired why there were no staff conditions and Mr. Am~dbe-Ducoste explained that staff is recommending denial; therefore there are no conditions of approval. 4131 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Mr. Fisher moved to approve the request for a variance. Motion seconded by Mr. DeMarco and unanimously carried. B. Abandonment Project: Agent/owner: Location: Description: Mangrove Walk Alley (ABAN 01-0040) City Initiated 600 & 700 block of NE 8th Avenue and NE 9th Avenue Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision Vice Chair Heavilin recused herself from this item and filed the necessary Form 8B with the Recording Secretary. Mr. Am~d~e-Ducoste presented the item on behalf of the City. The Board has already approved abandonment of some segments of the alleyway that dealt with the Schnars Project and the DeLorenzo Abandonment. Staff has received all the necessary responses from the utility companies and is recommending approval. There is only one condition of approval. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Fisher moved to approve. Motion seconded by Ms. Hoyland and unanimously carried. VII. Director's Report A. Updates Mr. Hutchinson reported that progress has been made on the Way-Finding Signage Program. Proposed sign location, a list of the signs and the costs, and the wording and colors for phase 1 will be presented at the December meeting. As a result, he felt that a workshop would not be necessary. A contract will be ready at the December meeting. Chairman Finkelstein noted that the Ocean District Redevelopment Plan Update has not made much progress, and he would like the Board to consider going out to hire someone to complete the plan in order to move forward. Mr. Hutchinson recommended combining that with the Boynton Beach Boulevard Corridor and this was agreeable with Chairman Finkelstein. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein asked for a copy of the draft of the Affordable Spaces Incentive and Mr. Hutchinson will follow through on this. VIII. Old Business None IX. New Business A. Consideration of the Marina Parking Agreement Chairman Finkelstein noted that he had requested a change in the last sentence of the first paragraph of Paragraph 9 (Page 4033 of the agenda) that currently reads, "Two Georges may release the 35 spaces to TRG or its successor, and the parties' obligations under Paragraph 10 below shall cease as to such spaces." Chairman Finkelstein requested that the wording be changed to "Two Georges shall release the 35 spaces to TRG or its successor, for unrestricted public release." He pointed out that all the parties agreed to this. Mr. Hutchinson explained that for the CRA's $1 million investment, the City would receive a $100 million project with an 85% return on investment per year. Over a 30- year period the City would receive more than $30 million in tax revenues in addition to the money spent by people living and shopping in the area. Mr. Fisher pointed out that the City has already given out $750,000 on this project to previous developers. He would like the developer to agree to receive payment after the initial 5% of construction instead of at the permitting stage. This protects the City from handing out any additional dollars before any construction begins, even though these problems existed with the previous developers and not the current one. Chairman Finkelstein did not think that the $750,000 was ever paid and that it was around $160,000 because the timeframes were never met. Mr. Fisher said that he did bring this up with the developer and would like their comments. Chairman Finkelstein pointed out that the current language states "receiving a building permit," whereas the other developers never even pulled a permit. Mr. Fisher was in favor of the agreement, but he would like to see something done before any more money is paid out. Jerry Knight, Attorney for TRG Related said that a draw scheduled has been worked out with staff to reflect their payments and they have to pay $250,000 next week when they apply for a permit. When they receive the permit, they have to pay the contractor. They had anticipated getting the money from the CRA as previously outlined. Chairman Fisher did not feel comfortable with the permit only stage and would like to see some building going on. Mr. Hutchinson suggested that the payment could take place at "the commencement of construction." Chairman Finkelstein suggested payment on "filing 4223 , Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 notice of commencement." Mr. Knight said that they would be agreeable to payment upon "the commencement of construction." At that point, TRG would receive 15%. Mr. Knight noted that the way the agreement reads, they would receive 15% when they pull the permit, and they would not receive the next 15% until they finish 30% of the project. Mr. Knight said that they would agree with the new language. Therefore the language would be changed to read that "TRG receiving a building permit for the garage and commencement of construction." Vice Chair Heavilin inquired if this language pertained to the 70 spaces or the whole garage and was informed it was the whole garage. Vice Chair Heavilin pointed out some typographical errors as follows: In section 13, Page 4035 of the agenda, in the sixth line from the top, it reads "...shall execute, and have TRG shall have..."This needs clarification. Attorney Payne pointed out that this is the City's Agreement and Mr. Knight requested that Vice Chair Heavilin speak to him later about any additional errors. Mr. Fenton was against the incentive and did not think that the CRA should become involved in a lawsuit among the developer, the City and the Two Georges. He pointed out that the developer should have discovered these problems prior to their purchasing the project. He felt that the money could be spent better elsewhere. Chairman Finkelstein pointed out that the City approved the site plan and that it was not only the developer that missed this problem. He pointed out that Two Georges would only be receiving 35 spaces and the 35 spaces that the CRA is contributing will go to the public as free parking. He did not think it was the developer's fault for not discovering the problem earlier. Further, if Two Georges at some point no longer uses their spaces, they would revert back to the public. Mr. Tillman said that this is a good opportunity to finally bring this to a conclusion and he approved of the plan. He confirmed that the. $750,000 was never paid out because the prior developer did not fulfill his obligations. He wanted to move forward as soon as possible. Vice Chair Heavilin commended all the parties who have worked many hours to get the Marina on line. Ms. Hoyland would like to see what the elevations would look like after the changes because she had previous problems with the elevations before. Mr. Knight responded that the only elevation changes would be the additional two stories on the garage to accommodate the 70 parking spaces. Ms. Hoyland felt that the building was in need of more landscaping and she would like to see this done as a courtesy to the Board, even if it was not possible to change the agreement now. Attorney Payne asked Ms. Hoyland if she wanted the plan to come back for viewing or approval. Ms. Hoyland would like to have it come back for approval if possible, because she has major problems with the west elevation. Mr. Knight said that they cannot change the agreement between the City and Two Georges and it would have to go back Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 to everyone to review it again. He pointed out that the two additional stories would not account for a major change. Chairman Finkelstein did not think it was necessary for the plan to come back to this Board since it has to go through administrative approval with staff. Chairman Finkelstein recommended that as soon as staff receives the plan for administrative approval, they could provide copies to the Board. Quintus Greene, Development Director, informed Mr. Knight that the City would provide the CRA with a copy when the plan is submitted for minor site plan modification. Chairman Finkelstein stated for clarification purposes that the CRA is not paying the funds to the developer, but in fact is purchasing 70 garage spaces, 35 for the public and 35 for Two Georges. Chairman Finkelstein pointed out that Exhibit B to the Mediation Agreement listed "70 CRA Parking Spaces" and requested that the "CRA" be removed and the word "additional" substituted in its place. He also pointed out that there is no requirement for trolley or police in the agreement. Mr. Fenton requested that the $70,000 for the fee-in-lieu-of be deducted from the incentive. Mr. Hutchinson pointed out that the City would receive those funds and Chairman Finkelstein felt that this needed to be discussed in another venue. Motion Mr. Tillman moved that the Board approve the Marina Parking Agreement, as amended. Motion seconded by Mr. Fisher. Motion carried 6-1 (Mr. Fenton dissenting). Consideration of CRA Participation in a Temporary Month-to-Month Parking Lot Rental with BODA. Agreement Cost for the Budget Year is $1,800 Mr. Hutchinson pointed out that there is a need for additional parking and BODA has been working on obtaining a parking lot for employees and patrons at the First Financial Plaza. Ten business members of BODA will be underwriting the $1,500 per month for the parking spaces and the Banana Boat will be supplying the liability insurance and clean up of the lot. Staff is asking for the CRA to participate in the amount of $150 per month. Chairman Finkelstein recommended going with a three-month trial that is referred to in the Memorandum of Lease on page 4084 of the agenda packet. He would also want the CRA to be named as an additional insured on the insurance policy. Chairman Finkelstein pointed out that the CRA had agreed to convert the Relax Inn land into temporary parking. Mr. Hutchinson stated that they are going through the permit process on this. Vice Chair Heavilin inquired what would happen if any of these businesses failed and who would pick up the slack. Mr. Hutchinson noted that participants would have to pay first and last months' rent when they opt in. She also inquired about the extra security that would be furnished by the Banana Boat. Mr. Hutchinson responded that their employees would be walking and policing the area. Vice Chair Heavilin was concerned Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 whether BODA could keep up with the payments and felt that they should go with three months at first. Mr. Fisher thought that three months was cutting it too short and recommended that the CRA go with three months and then monthly renewals. This would provide the CRA an opportunity to review it. Mr. Hutchinson said that he could supply a list of monies paid during the month, but the CRA is not guaranteeing anything. Mr. Fenton recommended that the lease take effect December 1st and have it run for five months during the season and then look at it after that. Mr. Fisher suggested changing the lease from 3 months to 5 months with automatic monthly renewals. Mr. Hutchinson noted that the parking lot would be available to the public for after-hours parking at no charge. Barkley Garnsey would like to see cooperative efforts among the businesses and the CRA. He felt that this was a good start and will help the established businesses. Motion Ms. Hoyland moved to approve the CRA participation on a temporary month-to-month parking lot rental with BODA based on an initial lease term of five (5) months with a monthly renewal on a per month basis and at the end of five months, if not sooner, that the CRA get a report as to how the program is going. Motion seconded by Mr. Fisher. Mr. Hutchinson pointed out that Chairman Finkelstein recommended that the CRA be named as an additional insured. Ms. Hoyland amended her motion to reflect this and Mr. Fisher seconded the amended motion that unanimously carried. Consideration of The Urban Group Task Orders and Authorization for Contract Deposits for the MLK Area Acquisitions. Mr. Hutchinson reported that his memo in the agenda packet indicates what he has done to date regarding this item, and it contains an update of the work that has been done. He has also obtained the tax numbers and .the printouts and maps are in his office. Some people have contacted him, and they have also contacted people. He stated that the Board Attorney wanted the Board to address some specific issues to ensure that staff has proper direction, which are listed on page 4086 of the agenda packet. Attorney Cherof has also provided a preliminary contract for use and Attorney Payne felt that staff needs to have exact approvals for the deposits. Mr. Tillman asked what the first step that the CRA needs to do to move this forward. He noted that this keeps coming back to the Board, and he thought that everything had been settled. He asked what must be done to move this forward right now. Mr. Hutchinson stated that they need to establish a formula for deposits for the contracts; determine a base value for initial offers and how to arrive at this; determine 4226 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 who (The Urban Group) would develop these contracts; and a sample contract is necessary. After all this, an acquisition procedure needs to be established. Chairman Finkelstein said that he had some problems with the information furnished and noted that someone needs to be in charge of this whole process. He thought that staff had been directed at the last meeting on what to do. Mr. Tillman felt that the Board should hire an administrator to handle this. Mr. Hutchinson said that the Board did not authorize him to spend any money, but he was told to go ahead and purchase these properties. Mr. Tillman would like to address appointing The Urban Group to be the administrator and authorize them to go out and get appraisals and bring them back to the Board. Mr. Fisher pointed out that staff was directed to do what Mr. Tillman just requested and that someone was made accountable to get this done at the last meeting. Mr. Fisher felt that this should have been done a month ago. City Manager Kurt Bressner pointed out that the objective of the acquisition program of the Heart of Boynton is to acquire property as quickly, faidy and equitably as possible. He noted the diversity of the properties in this area and that they need to be reconciled. If any person has to be relocated as the result of a public taking, the terms of the Federal Relocation Act would apply and, if the City has to pay for it, it would. A qualified person or firm needs to be hired (1) to scope out the situation; (2) talk to the property owners; (3) find out their needs; (4) determine their schedule and there personal situation; (5) and then work with them. After all this, an offer can be prepared based upon an estimate of value. If the property owner does not agree with the value of the property, then an appraisal would be done. Another process that could be used would be eminent domain, which is not an unfair taking of property. What it does is remand the process into a two-step adjudication process. If the parties cannot agree upon a price, then they go to court. The CRA staff is suggesting that The Urban Group be retained as authorized agents. Mr. Bressner pointed out that last month the City offered to do this and the CRA declined. Mr. Fisher noted that at the last meeting there were several parcels of property with "for sale" signs and that staff was to go out and speak with those property owners. Chairman Finkelstein stated that approximately one-half dozen people called the CRA Director informing him that they wanted to sell their property. Mr. Hutchinson said that they did speak with these property owners, but he needs to have a contract before he can move on acquiring the properties. Chairman Finkelstein said that if the Board wants to hire The Urban Group, the Task Authorization needs to be reworded. Ms. Hoyland asked why this is being discussed again and felt that a motion to hire The Urban Group to be the real estate administrator for the negotiation of the contracts would be in order. Ms. Hoyland felt that this exact discussion took place at the last meeting and she did not see the need to rehash these items. 4227 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Dale Sugerman, Assistant City Manager, stated that he was the City's administrator for the acquisition of real estate. He noted that the City has successfully and easily acquired a number of parcels over the past three years. The City has a contract with The Urban Group that is the City's administrator and they do all the groundwork. The Urban .Group gets the appraisals, they do the environmental analysis, surveys, etc. When it comes time for an offer to be made, The Urban Group would make an offer with his permission and would give a deposit of $5,000 to $10,000 to secure a contract. The City Commission and the City Manager gave Mr. Sugerman this authority and the deposit is at risk. After all this takes place, the negotiated contract is brought before the Commission to determine if they want to enter into a contract. The CRA needs someone of authority to tell The Urban Group to do all of the above. Vice Chair Heavilin noted that at the last meeting Mr. Bressner offered City staff assistance, which the Board accepted. Mr. Bressner responded that this would not replace the need to hire someone like The Urban Group to do the fieldwork. Vice Chair Heavilin asked Mr. Bressner what he meant by "assistance" and he stated that City staff would serve as a liaison with The Urban Group. Attorney Payne pointed out that the proposal received from The Urban Group was received by Mr. Sugerman, which he had asked for. Mr. Bressner pointed out that the CRA Board would ultimately approve all the contracts. He felt that it was crucial that the Board give staff authority to enter into a contract, to make a sufficient deposit, and to trust staff to bring the contract back for approval by the Board. If this were not followed, nothing would get done. Chairman Finkelstein asked if the Board was in favor of using The Urban Group and there was a consensus to do so. Mr. DeMarco inquired if the deposit was nonrefundable and Mr. Sugerman stated that generally they are not refundable deposits. Mr. DeMarco was not agreeable with this. Mr. Sugerman stated that in trying to bundle properties to create public projects, the CRA does not act like a real estate company. Mr. Sugerman further stated that even though it appears that the deposit money is at risk, the CRA would acquire that property in any event, whether through negotiation or eminent domain. Mr. DeMarco thought that obtaining all these appraisals could be costly, but Mr. Sugerman said that they would not be expensive if done in bulk. Currently, he pays around $750 for an appraisal. Vice Chair Heavilin commented that upon the City's explanation she would lean at this time to allow the City to do this on behalf of the Board. Mr. Fisher asked if the Board wanted to have one of its members work with Mr. Sugerman and The Urban Group. Vice Chair Heavilin thought that this would be something that would be included in the contract. She said that if the Board does decide to let the City do it, then the City should do it. Vice Chair Heavilin had some questions concerning the contract that she will discuss with Mr. Sugerman. 4228 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Mr. Fenton inquired about the cost of the contract and was referred to page 4095 of the agenda. Mr. Sugerman stated that it would cost approximately $4,300 per parcel, depending upon the amount of work necessary to acquire the property. Chairman Finkelstein inquired how the 28 properties were identified. Mr. Hutchinson responded that these are the properties that were in the motion that the Board passed regarding acquisition of these properties at its last meeting. Chairman Finkelstein felt that the boundary map omitted one piece of property. Mr. Hutchinson stated that this one piece of property was left off because it is a house and they always started the boundary right after that particular house. Chairman Finkelstein would like this property included. Quintus Greene, Development Director, responded that the City proposed to take care of this particular piece of property over a year ago. Mr. Greene noted that last December they discussed with the CRA that the City would acquire residential and the CRA would acquire commercial, and the boundary area identified constituted the phase 1 acquisition; therefore, the boundary has not changed. Since the CRA wants to have contiguous developable parcels, the CRA is in a position to m.ove today to acquire those parcels. The City cannot do anything at this time until it receives its 108 loan. Since the CRA can purchase both commercial and residential properties at this time, Mr. Greene said that they should go ahead and do so. Once the City receives its 108 loan, the money situation could be squared with the CRA. Mr. Bressner agreed to include the parcel that Chairman Finkelstein requested. Mr. Sugerman pointed out that he does not have authority to spend CRA funds or to sign contracts and requested that this authority be given to Mr. Hutchinson. Mr. Fisher inquired if the Board could authorize Mr. Sugerman, and Attorney Payne stated that this is permitted. She noted that there already is an agreement between the CRA and staff, and Mr. Sugerman could be included in that agreement. Chairman Finkelstein inquired if the City was going to transfer title of the City parcels to the CRA. Mr. Bressner noted that the County conveyed a couple of those parcels to the City and they may have to be swapped for some properties near Sara Sims. If this does not come to fruition, Mr. Bressner said that the CRA could acquire them. Motion Mr. Fisher moved to obtain the services of The Urban Group for phase 1 for the properties that have been outlined and to direct Dale Sugerman to act as administrator with authority to sign the contracts with a deposit of up to $10,000 per parcel. In the event Mr. Sugerman is not available, Mr. Fisher moved that City Manager Kurt Bressner have the same authority. Motion seconded by Mr. Tiilman. Attorney Payne referred to the Task Authorization under parcel assessment that refers to "basic review of third party appraisal, if available." She inquired if the Board wanted to have appraisals. Mr. Sugerman stated that he wanted to have appraisals as soon as possible, and he is assuming that the Board has given him authority to order appraisals. 4229 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein recommended that the motion be amended to identify the parcels as follows: "As identified on page 4088 as primary with the addition of the additional parcel." Mr. Fisher agreed to amend his motion to include this language. Chairman Finkelstein pointed out that the motion does not include approving the contract because it is full of mistakes. Mr. Sugerman agreed with this and Mr. Fisher pointed out that this was not part of his motion. Vote The motion carried unanimously. Motion Mr. Fisher moved that Item H. be moved up on the agenda. Motion seconded by Ms. Hoyland and unanimously carried. H. Consideration of Funding for the Multi-Cultural Winter Carnival and Heritage Festival Mr. Fisher wanted verification that the CRA is not running these festivals, but is supporting them. Chairman Finkelstein stated that the CRA is contributing $7,500 to each event. He noted that one event showed a profit and another one showed a deficit. He wanted assurances that the CRA would not be liable for deficits. Mr. Hutchinson responded that one of the events is funded through BODA and the other through the HeritageFest. The CRA is providing support staff and is a grant-funding source. Motion Mr. Fisher moved to approve. Motion seconded by Vice Chair Heavilin. Attorney Payne inquired to whom the money would be given. Mr. Hutchinson stated that the Winter Carnival was being put on by BODA and the other is the HeritageFest. Vote The motion carried unanimously. D. Consideration of Establishing an Agenda Material Submittal Policy for CRA Agenda Items Motion Mr. Fisher moved to approve. Motion seconded by Mr. Fenton and unanimously carried. E. Adoption of Resolution No. 03-02 for 457 Deferred Compensation Plan 4230 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Ms. Hoyland moved to approve. Motion seconded by Mr. Tillman and unanimously carried. F. Approval of Plan Administrator for 457 Deferred Compensation Plan Members agreed that the Controller should be the Plan Administrator Motion Ms. Hoyland moved that the Controller be the Plan Administrator for the 457 Deferred Compensation Plan. Motion seconded by Mr. Tillman and unanimously carried. Consideration of Approval of the CSC Financial Advisory Committee Recommendation for Financial Advisory Services Chairman Finkelstein noted that there was a lawsuit against the company and inquired as to its status. Ms. Vielhauer said that she would check into this. Motion Ms. Hoyland moved to table until the next regular meeting. Motion seconded by Mr. Fisher and unanimously carried. Consideration of Funding for the Multi Cultural Winter Carnival and Heritage Festival (previously addressed) I. City Cooperative Purchasing Amendment Mr. Hutchinson reported that this would allow the CRA to use the same purchasing process for services that the City had gone through. Chairman Finkelstein inquired if this would negate the need to go out for bids and Mr. Hutchinson responded affirmatively. Mr. Hutchinson pointed out, however, that they could choose to go out for bid or to use the City's purchasing process. It would still come before the Board for a decision. Vice Chair Heavilin did not want to override the current procedures that the CRA has on bids. Attorney Payne pointed out that the CRA could piggyback off existing City contracts. Mr. Sugerman explained that the City Commission has awarded 20 different contracts to engineering firms under four different types of scopes of service. Staff can choose from any of those 20 firms and the contract and hourly rates are already in place. What is not in place is a task order for a particular project. When a task is identified, staff would go to these firms to ascertain the kind of professional staff that they would pay to do this task. If the number of hours is not satisfactory to staff, a negotiation process takes place. Chairman Finkelstein was agreeable with this process, but he did not want to change the Purchasing Manual. 42,3 ] Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Ms. Hoyland moved to deny the Cooperative Purchasing Amendment. Motion seconded by Mr. Fisher and unanimously carried. X. Commission Action Passage of Texaco request for Carwash with Approval of Variances Requested by the Project (CRA denied the rear variance and the sign variance) Mr. Hutchinson reported that the City Commission rescinded all the variances at its last meeting. Ms. Hoyland inquired what the next step would be for the Texaco Gas Station. Mr. Bressner stated that they cannot expand their business and do not have the authority to build the carwash. That would not preclude them from coming back with another site plan. XI. Board Member Comments None Xll. Legal A. Status of the $9,000 Invoice Investigation Attorney Payne reported that she has an appointment to meet with Mr. Hutchinson and his attorney to discuss the matter. Chairman Finkelstein felt that some kind of timeframe should be set on this. Motion Mr. Fenton moved to table until the next meeting. Motion seconded by Mr. Fisher and unanimously carried. Xlll. Other Items None XIV. Future Agenda Items A. Consideration of Contract for the Independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal (December) B. Consideration of Traffic Concurrency Exemption Area Study (December) C. Ocean District Plan (December) 4212 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 D. Consideration of Burkhart Construction Contract Amendment for 100% Construction (December) E. Architectural Model of the CBD to Seacrest Area (January) F. Boynton beach boulevard Design Build Authorization to go to 100% Drawings (December) G. Consideration of Pilot Program for Trolley Service in the CBD (January) H. Consideration of Special Pilot Program for Police Patrol in Head of Boynton and the CBD (January) I. Way-finding Signage Workshop (January) J. CRA Audit Report (January) K. Consideration of Securing CBD Surface parking Rights (March) XV. Adjournment There being no further business, the meeting properly adjourned at 8:55 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (November 24, 2002) 4233 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: December 2, 2003 Current cash accounts include the ending balance for the Operating Account $17,983.48, Money Market $4,968,232.94, and petty cash of $500. We received $4,141.56 in interest from the Money Market Account this month. BALANCESHEETNOTE~ As per the CRA Auditor, I have reclassified Work in Progress Assets of the Riven/valk/ Promenade / BBB Extension as well as the Heart of Boynton to the expense accounts due to the fact that we do not hold title. Staff is maintaining a Project Book, which includes the expenses for each project. This tracks where every dollar goes. Accounts Payable includes the following expenses incurred in November; Aetna Health Insurance $1,202.10, Bell South $220.00, FDN $187.75, FPL $208.92, Guidance Pathway Systems $6,729.66, Imagistics $343.00, Office Depot $544.63, Petty Cash $24.71, and Principal Financial Group $132.02. These expenses are to be paid on December 3, 2003. Accrued Liabilities include the following; Accrued Salaries $263.49, Accrued Payroll Taxes $265.41 and Accrued Health Insurance ($324.16). INCOME STATEMENT NOTES According to Generally Accepted Accounting Standards and the CRA Independent CPA Auditor, all income, grants, TIF, sponsorship, and income generators for festivals and events must be acknowledged in the revenue section of the Income Statement. Staff nets the income generated against the expense incurred for festivals and events in the budget to actual comparison. Expenses are broken into Debt Service, Program Expense, Project Expense, and General & Administrative Expenses. The Current Column only includes the current month income and expenses. Year To Date column includes the income and expenses the CRA Board has approved, and the Current Total includes all income and expense to date. BUDGET TO ACTUAL COMPARISON NOTES The Year to Date Total column includes income and expenses, which have been approved by the CRA Board to date. The Current Period includes the beginning balance of the cash accounts as of the first of the month. Current Revenues received this month include $4141.56 in interest for the Money Market account. Income generated for the Festivals and Events has been netted against the expenses located under the Programs category. The CRA paid $35,000 to the RMPK Group for #3 Concept Plan completion and 50% of #4 Final Plan for the Boynton Beach Plan Contract. The CRA also paid $391.60 in reimbursable expenses. The CRA paid the third installment on the IT Contract for $3,000 with the City of Boynton Beach. Work is continuing to progress with the Riverwalk/ Promenade/ BBB Extension with payments to Burkhardt Construction, South Florida Water Management District; for the ERP permit, and Jonathan Ricketts. FYI QUESTIONS The following inquiry was made by a board member; "Should I be able to compare the Total Reserve Balance before Debt to the actual cash balances reported on the Balance Sheet?" The answer is no because of the accrued liabilities paid from the previous month and the Accounts Payable for expenses incurred but checks have not been written yet. CASH FLOWS STATEMENT NOTF The Cash Flows Statement lists the money received. The statement lists the checks by vendor paid out in the current month. ASSETS Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds November 30, 2003 Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets 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 4,986,716.42 $ $ $ $ $ $ 886,135.30 $ 14,650.46 $ (2,017.18) $ 5,885,485.oo $ 9,592.79 $ 204.74 $ 2,752,345.10 $ 2,762,142.63 $ 3,349,824.16 $ (226,481.79) $ 3,123,342.37 $ 5,885,485.00 2 Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds City Funds City Transfer Funds Total City Funds Grants, Project Reimbursements Grant Funding Total Grants and Projects Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds Income Statement Current $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,141.56 $4,141.56 $1,600.00 $1,600.0O $5,741.56 YTD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,388.02 $4,388.02 $0.00 $o.oo $4,388.02 Current Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,529.58 $8,529.58 $1,600.00 $1,600.00 $10,129.58 Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Income Statement Current $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo YTD $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo Current Total $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo Program Expenses Web Site Updates / Expansion Printing & Promotional Programs Police Programs Transportation / Trolley Festivals / Events / Bus. Programs Fa(;ade Grant Program Economic Incentive Program Miscellaneous Programs Total Program Expenses $0.00 $o.oo $o.oo $o.oo $980.40 $o.oo $o.oo $o.oo $980.40 $9,950.00 $o.oo $o.oo $o.oo $942.24 $o.oo $9,750.00 $o.oo $20,642.24 $9,950.00 $o.oo $o.oo $o.oo $1,922.64 $o.oo $9,750.00 $o.oo $21,622.64 Project Expenses Riverwalk/Promanage Project HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects Total Projects Expenses $72,450.00 $o.oo $6,729.66 $o.oo $o.oo $o.oo $o.oo $79,179.66 $11,580.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $11,580.00 $84,030.00 $o.oo $6,729.66 $o.oo $o.oo $o.oo $o.oo $90,759.66 General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Workers Compensation Health Insurance Life Insurance Professional Fees Professional Fees Professional Fees Professional Fees Professional 'Fees Professional Fees Rent Expense Audit City Staff Contracted Services Legal Maint. & Cleaning IT Support Telephone Expense Electric Expense Equipment Leases Office Leasehold Improvements Property/General Insurance Bonding Insurance Professional Insurance Promotional/Business Meeting CRA Meetin / Presentation Association Meeting Seminars $16,192.40 $1,259.90 $132.02 $o.oo $o.oo $1,005.08 $o.oo $o.oo $396.15 $35,143.89 $6,786.65 $340.00 $3,000.00 $1,120.00 $475.96 $208.92 $343.00 $o.oo $o.oo $389.00 $o.oo $14.00 $o.oo $10.71 $689.31 $20,515.93 $1,074.07 $132.02 $o.oo $o.oo $1,971.94 $o.oo $o.oo $537.33 $18,391.60 $2,163.44 $340.00 $647.50 $2,240.00 $480.11 $190.21 $59.25 $o.oo $o.oo $o.oo $o.oo $178.70 $148.62 $20.00 $2,967.63 $36,708.33 $2,333.97 $264.04 $0.00 $o.oo $2,977.02 $o.oo $o.oo $933.48 $53,535.49 $8,950.09 $680.00 $3,647.50 $3,360.00 $956.07 $399.13 $402.25 $o.oo $o.oo $389.00 $o.oo $192.70 $148.62 $30.71 $3,656.94 Mileage & Delivery Serivces Car Allowance Director Office Supplies Office Expense Office Equipment/Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Miscellaneous Interest Expense Depreciation Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Current $47.55 $276.92 $1,514.60 $124.71 $605.16 $4.00 $o.oo $o.oo $o.oo $o.oo $90.00 $o.oo $o.oo $2.00 $7O, 171.93 $150,331.99 ($144,590.43) YTD $o.oo $276.92 $580.30 $33.15 $o.oo $200.00 $621.85 $o.oo $o.oo $286.57 $o.oo $o.oo $o.oo $o.oo $54,057.14 $86,279.38 ($81,891.3~ Current Total $47.55 $553.84 $2,094.90 $157.86 $605.16 $204.00 $621.85 $o.oo $o,oo $286.57 $90.00 $0.00 $0.00 $2.00 $124,229.07 $236,611.37 ($226,481.79) November 30, 2003 Beginning Balance Revenues TIF Taxes Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term / Long Term Disability 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 Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property/General Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel / Entertainment Expense Promotional/Business Meetings CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Office Expense Office Supplies Total Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publication Advertising & Public Notices Community Redevelopment Agency of Boynton Beach Year To Current YTD 2003/2004 Date Period Totals Including Budget Totals November Current Month 4,751,917.00 5,207,216.12 5,125,324.76 '5,207,216.12 2,361,158.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75,000.00 4,388.02 4,141.56 8,529.58 0.00 0.00 0.00 0.00 7,188,075.00 4,388.02 4,141.56 8,529.58 207,500.00 20,515.93 16,192.40 36,708.33 15,563.00 1,074.07 1,259.90 2,333.97 9,375.00 0.00 0.00 0.00 0.00 132.02 132.02 264.04 1,824.00 0.00 0.00 0.00 16,800.00 1,971.94 1,005.08 2,977.02 540.00 0.00 0.00 0.00 251,602.00 23,693.96 18,589.40 42,283.36 44,000.00 2,163.44 6,786.65 8,950.09 6,000.00 537.33 396.15 933.48 170,000.00 18,391.60 35,143.89 53,535.49 7,500.00 0.00 0.00 0.00 2,800.00 340.00 340.00 680.00 13,360.00 647.50 3,000.00 3,647.50 243,660.00 22,079.87 45,666.69 67,746.56 14,112.00 2,240.00 1,120.00 3,360.00 7,800.00 480.11 475.96 956.07 1,875.00 190.21 208.92 399.13 23,787.00 2,910.32 1,804.88 4,715.20 4,356.00 59.25 343.00 402.25 1,438.00 0.00 0.00 0.00 350.00 0.00 389.00 389.00 3,900.00 0.00 0.00 0.00 5,688.00 0.00 389.00 389.00 4,800.00 178.70 14.00 192.70 3,000.00 148.62 0 148.62 504.00 20.00 10.71 30.71 6,735.00 2,967.63 689.31 3,656.94 1,080.00 0.00 47.55 47.55 3,600.00 276.92 276.92 553.84 19,719.00 3,591.87 1,038.49 4,630.36 1,500.00 33.15 124.71 157.86 7,500.00 580.30 1,514.60 2,094.90 9,000.00 613.45 1,639.31 2,252.76 1,250.00 200.00 4.00 204.00 3,316.00 621.85 0.00 621.85 500.00 0.00 0.00 0.00 5,066.00 821.85 4.00 825.85 4,000.00 0.00 0.00 0.00 03/04 % of Budget Budget Remaining Remaining 4,751,917.00 100% 2,361,158.00 100% 0.00 N/A 66,470.42 89% 0.00 N/A 2,427,628.42 170,791.67 82% 13,229.03 85% 9,375.00 100% -264.04 n/a 1,824.00 100% 13,822.98 82% 540.00 100% 209,318.64 83% 35,049.91 80% 5,066.52 84% 116,464.51 69% 7,500.00 100% 2,120.00 76% 9,712.50 73% 175,913.44 72% 10,752.00 76% 6,843.93 88% 1,475.87 79% 19,071.80 80% 3,953.75 91% 1,438.00 100% -39.00 -11% 3,900.00 100% 5,299.O0 93% 4,607.30 96% 2,851.38 95% 473.29 94% 3,078.06 46% 1,032.45 96% 3,046.16 85% 15,088.64 77% 1,342.14 89% 5,405.10 72% 6,747.24 75% 1,046.00 84% 2,694.15 81% 500.00 I O0% 4,240.15 84% 4,000.00 100% Career Development Office Printing Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Operating Expense PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Web Site Update/Expansion Printing & Promotional Programs Police Central Business District Heart of Boynton Total Police Transportation / Trolley Festivals/Events/Bus. Program Fa(~ade Grants EconomicDevelopment Grants PROJECTS Rlverwalk / Promanade Projects HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES Total Reserve Balance Before Debt Proposed Bonds TOTAL RESERVE BALANCE 4,000.00 286.57 0.00 286.57 4,500.00 0.00 90.00 90.00 500.00 0.00 2.00 2.00 134,925.23 0.00 0.00 0.00 182,372.73 0.00 0.00 0.00 200,000,00 0,00 0.00 0.00 20,000.00 0.00 0.00 0.00 60,000.00 0.00 0.00 0.00 597,297.96 0.00 0.00 0.00 1,173,175.96 54,057.14 69,566.77 Year To Current 2003/2004 Date Period Budget Totals November 123,623.91 YTD Totals Including Current Month 3,713.43 4,410.00 498.00 134,925.23 182,372.73 200,000.00 20,000.00 60,000.00 597,297.96 1,049,552.05 03/04 Budget Remaining 2,500.00 0.00 605.16 605.16 1,894.84 1,500.00 0.00 0.00 O. 00 1,500.00 10,000.00 9,950.00 0.00 9,950.00 50.00 17,500.00 0.00 0.00 0.00 17,500.00 175,000.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 350,000.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 50,000.00 942.24 -619.60 322.64 100,000.00 0.00 0.00 0.00 50,000.00 9,750.00 0.00 9,750.00 2,150,000.00 11,580.00 72,450.00 84,030.00 600,000.00 0.00 0.00 0.00 50,000.00 0.00 6,729.66 6,729.66 1,050,000.00 0.00 0.00 0.00 1,750,000.00 0. O0 0.00 O. 00 75,000.00 0.00 0.00 0.00 50,000.00 0.00 0.00 0.00 175,000.00 175,000.00 350,000.00 150,000.00 49,677.36 100,000.00 40,250.00 2,065,970.00 600,000.00 43,270.34 1,050,000.00 1,750,000.00 75,000.00 50,000.00 7,629,675.96 86,279.38 148,731.99 235,011.37 7,394,664.59 -441,600.96 5,125,324.76. 4,980,734.33 4,980,734.33 -215,119.17 2,000,000.00 0.00 0.00 0.00 2,000,000.00 1,558,399.04 5,125,324.76 4,980,734.33 4,980,734.33 1,784,880.83 93% 98% 100% 100% 100% 100% 100% 100% 100% 89% % of Budget Remaining 76% 100% 1% 100% 100% 100% 1 OO% 100% 99% 100% 81% 96% 100% 87% 100% 100% 100% 100% STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES Interest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson Douglas Hutchinson Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Garine Ghazarian Garine Ghazarian Total Salaries Expense Payroll Tax Expense 941 Deposits Total Payroll Tax Expense Health Insurance Expense American Dental Plan Total Health Insurance Expense Life Insurance Expense $ 2,576.84 $ 2,576.84 $ 1,452.57 $ 1,452.57 $ 1,312.22 $ 1,312.22 $ 780.08 $ 964.68 $ 9,299.44 $ 38.22 4141.56 $ 4,141.56 $ 12,428.02 $ 9,299.44 $ 38.22 Total Life Insurance Expense ST / LT Disability Total ST / LT Disability Professional Fees - City Staff City of Boynton Beach Total Professional Fees- City Staff Professional Fees - Contracted $ 369.15 $ 369.15 RMPK Group Total Professional Fees - Contracted Professional Fees - Legal Goren, Cherof, Doody & Ezrol PA Total Professional Fees - Legal Professional Fees - Maint. & Cleaning Green Team Pest Control Stiles Landscaping Cleaning Systems Inc. Total Professional Fees - Maint. & Cleaning Professional Fees - IT Support City of Boynton Beach Total Professional Fees - IT Support $ 35,143.89 $ 6,786.65 $ 20.00 $ 170.00 $ 150.00 $ 3,000.00 $ 35,143.89 $ 6,786.65 $ 340.00 $ 3,000.00 Rent Expense Gene Moore rent for Dec $ 1,120.00 $ 5,125,324.76 $ 4,141.56 Total Rent Expense Electric Total Electric Expense Telephone Cingular Wireless Total Telephone Expense Car Allowance Director Douglas Hutchinson Total Car Allowance Director Promotional / Business Meetings Total Promotional / Business Meetings CRA Meeting/Presentation Total CRA Meeting / presentation Association Meeting Total Association Meetings Seminars Charles Fisher Larry Finkelstein Jeannie Heavilin Suntrust Leadership Palm Beach County Total Seminars Mileage & Delivery Federal Express Total Mileage & Delivery Licenses, Fees, Permits Bank Fee - will be reimbursed by bank in Nov. Suntrust Total Licenses, Fees, Permits Membership, Subscriptions Total Membership, Subscriptions Bond Insurance Harvey Oyer, Jr Insurance Total Bond Insurance Office Expense Suntrust Aqua Springs & Coffee Total Office Expense Office Supplies Larry Finkelstein Office Depot Refund Sold Disk Total Office Supplies Office Printing L~ '~'-~-( ~ Delray Blueprint Total Office Printing $ $ $ $ $ $ $ $ $ 68.21 276.92 99.36 7.00 204.35 128.60 250.00 47.55 (25.00) 31.00 389.00 103.46 21.25 7.36 1,014.81 (294.84) (52.20) 90.00 $ 1,120.00 $ 68.21 $ 276.92 $ 689.31 $ 47.55 $ 6.00 $ 389.00 $ 124.71 $ 675.13 $ 90.00 Principal and Interest Payment (Loan) Total Principal and Interest Payment (Loan) Festivals / Events/Bus. Pro/Banners Able Sanitation Micheal Alessi Premier Party Rentals Sponsorship Total Festivals / Events/Bus. Pro/Banners Eco. Business Development Grant Match Total Eco. Business Development Grant Match Web Site Expansion/Update Total Web Site Expansion/Update Riverwalk / Promenade/BBB Extension Burkhardt Construction, Inc Jonathan Ricketts, Inc South Florida Water Management Total Riverwalk/Promenade/BBB Extension TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT $ 188.00 $ 250.00 $ 42.4O $ (1,100.00) $ 70,450.00 $ 1,000.00 $ 1,000.00 $ (619.60) $ 72,450.00 $ 142,749.90 $ (138,608.34) $ 4,986,716.42 V. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board w/th 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 oppommity 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 accowImc~c]~l?~ vn~r r~m~e* VI. Public Hearing 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 opportuaity 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 ~rior to the orom'am or a~tlvltv in nrrl~r ~,,~ +h~ r,~> ^ + ........ ~-~-. Page 1 of 1 Gray, Annette From: Tucker. Patricia Sent: Monday. December 01, 2003 9:01 AM To: Gray. Annette Subject: RE: Agenda It is not ready. I was off last week and we just finished the P&D for 11/25. I will be working on the description for the CRA later today and tomorrow so it is done. As soon as it is finalized I will e-mail it to you. Pat ..... Original Message ..... From.' Gray, Annette · ent; Monday, December 01, 2003 7:46 AM To.' Tucker, Patricia Cc: Hutchinson, Douglas Subject; Agenda Hello can you please forward to me the agenda for December. Annette Gray Administrative Assistant Boynton Beach CRA 639 E Ocean Ave. Suite 107 Boynton Beach FI 33435 Phone: 561-737-2778 Fax: 561-737-3258 g raya @cl. boynton-beach, fl. us Thank you VII. Director's Report 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 CKA 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 fnr the. CR MEMO To: CRA Board From: Douglas Hutchinson Date: December 9, 2003 Subject: CRA Activities Development Items: Group A Boynton Beach Blvd/Promanade/Riverwalk Design/Build RFQ Work has be.qun on the next phase of work for project des~qn Multiple meetin.qs have taken place in the past several weeks Updates are received weekly from Burkhardt and Kimley- Horn. Their updates and project timeline are supplied for your review. DH Way-Finding Signage Program - See a_oenda item for Phase I s~Tn installation approval DH · Ocean District Redevelopment Plan Update - See A~Tenda Item. · MLK Property Acquisition Phase I - Coordinating with Dale Sugerman and TUG fOr purchases. CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the private sector. Target March for "letter of understanding" between the various parties. DH · Boynton Beach Blvd District Redevelopment Plan Update- Draft Study document received and final update is bein.q compiled. Presentation pro[ected for January 2004. DH 4239 · Design Guidelines Overlays - RMPK group presenteda brief overview of the Design Guideline Overlays at the November 13t' workshop. Input as to the guidelines presentation stylin.q and guidelines type has been given, Future review set for January 2004. See agenda item. DH · Museum Feasibility Study Team - See Agenda Item. · CRA Brochure and Web Site Development - Work has begun on the Loqo Concept Development and Web Structure. Lo.qn choices will be presented in January for review. DH Events - The overall event strategy is being formally formatted for each event with goals, projections, and time schedules. Alliances, Resources and sponsors are being developed, initial contact has been made with the identified partners and the first draft of the plan has been completed. See Agenda item. AG Genesis Business Program-Staff has written a new survey considering consulting services role in program verses staff Survey to be distributed and collected in January 2004. AC_. Group B Land Development Regulation (LDR) - LDR re-write will be by the City of Boynton Beach over the next several months. CRA asked to submit concerns, ideas, etc. Staff is interfacing on re-write language and reviewing the Second draft concept. DH Affordable Spaces Incentive - Program to reward projects for inclusion of below Market Retail, Commercial and Residential spaces, developing incentives and possible criteria guidelines for the program. The CRA Board has received a complete Draft. Workshop targeted for January. DH · Develop Project Flow Chart with Budget and Personnel Forecasts - The chart will contain all budqeted programs, I~roiects. and operating issues with proiected timellnes and staff assiqnments. Targeted for January 2004. DH & SV · BODA - (Boynton Ocean Downtown Association) Since the inception of the relationship with this organization lust over a Year a¢7o, the .qroup has quadrupled in membership. Th~ _~roup now meets once a month however~ based on the size and the results of a planning meeting scheduled for this month~ it is a distinct possibility that the meetinq will become more frequent. A third party facilitator will be brou.qht in tn lead a visioninq round table. As a part of this brainstormin? session, the followin.q will be discussed: the boundaries. mission~ Roals and the future of the or.qanization in the redeveloped Boynton Beach. The Group as a whole has embraced the proposed chan.qes to the city and ha-e proactively sou.qht out opportunities to Ret involved. The, most recent example of the .qroup's commitment is the, wlllln.qness to be the .qatekeeper of the parkin.q contract with Gene Moore as well as the increased vitality to which they have approached the Multi-Cultural Winter Carnival. Th~ essential .qoal for the new year is to have established a well defined operation plan and leadership in order to smoothlV transcend the upcomin.q chan_qes in the area. Group C Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. · Possible Office Options - Addin.q walls to separate conferenc~ area from open office. · Grants Update The Facade Grant program has been awarded to Grace Fellowship Church, which is 50% completed, Boynton Boundless, LLC, which is 50% completed, and Fred and Joes Automotive, which should start in the next 45 days. All of the projects are progressing towards completion this budget year. Staff has included a photo of Grace Fellowship Church and Boynton Boundless for your review SV The Regions Development Grant was awarded to Innovative Windows, Inc and Boynton Seafood. SV Innovative Windows has submitted their first reimbursement request at 31% completion on the project. Staff has requested and received Palm Beach County's portion for this project. SV Staff and Le.qal Counsel are workin.q with Boynton Seafood and are presentin.q for approval by the CRA Board a chan.qe in 4241 name for Boynton Seafood to YellowBreard Inc. d/b/a Boynton Seafood. SV 4242 VIII. Old,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 Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the. (2.RA tr, r,~a~r,*,~hh, MEMO TO: CRA Board FROM: Lindsey Payne / Susan Vielhauer SUBJECT: Recommendation of the Regions Core Grant from Boynton Seafood to Yellowbeard, Inc. D/B/A Boynton Seafood DATE: November 18, 2003 Upon completion of the title search and numerous conversations with Mary Jo Bills, it has been determined that the Regions Core Grant Contract for Boynton Seafood should have been Yellowbeard, Inc. D/B/A Boynton Seafood. The business plan within the application states it is for Yellowbeard, Inc. D/B/A Boynton Seafood. Yellowbeard, Inc. has consented to signing the contract and placing a mortgage lien placed on the property. The results of the title search have produced the following results; Fisherman Catch holds the first and only lien on the property. This lien was placed December 2, 2002 for $4oo,ooo. Staff is recommending placing a $15,000 mortgage lien on the property and $15,000 UCC lien for the equipment, which will be purchased with this grant. The mortgage lien, promissory note, and contract will be executed in the name of Yellowbeard, Inc. D/B/A Boynton Seafood. Attached you will find the Regions Core Grant Contract for your review. 4246 Promissory Note Amount $30,000.000 West Palm Beach, Florida ,200R FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay to BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, or order, in the manner hereinafter specified, the principal sum of Thirty Thousand Dollars /$30,000.00) with zero percent interest. The said principal shall be payable in lawful money of the United States of America at 639 E. Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, or at such place as may hereafter be' designated by written notice from the Holder to the Maker hereof, on the date and in the manner following: This note shall become due and payable only in the event of a default of the Maker's/Grantee's obligations under the Agreement enter into between Boynton Beach CRA and Yellowbeard, Inc. d/b/a Boynton Seafood on In the event the Maker shall fail to comply with the terms of the said Palm Beach County Grant Agreement after having received the required notice of default, as provided for therein, the Payee shall have the right to demand payment of this Note in full without further notice to Maker. This note is secured by a mortgage on real estate, of even date herewith, made by the Maker hereof in favor of the said Payee, and shall be construed and enforced according to the laws of the State of Florida. If default be made in the payment of any of the sums herein or in said mortgage, or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum shall be collectible without notice, time being of the essence; and said interest at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after matmlty of this note or default hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage. Whenever used herein the terms "holder," "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. Maker's Address: 1022 N. Federal Highway Boynton Beach, FI 33435 _Name of Business: Yellowbeard, Inc. d/b/a Boynton Seafoo, l By: Signature Prfhted Name: Title: Sworn to and subscribed before me This day of Notary Public My commission expires: ,2003. Personally known Identification or Type of Corporate Seal 4247 COMMUNITY REDEVELOPMENT A GENC Y "CRA" GRANT AGREEMENT THIS AGREEMENT is made this __ day of ,2003, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CRA," and Yellowbeard, Inc. d/b/a Boynton Seafood hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, it is the policy of the "CRA" to stimulate and encourage economic growth within the Community Redevelopment Area, pursuant to carrying out its purposes as provided for under Chapter 163, Florida Statutes; and WHEREAS, the "CRA" has been awarded a grant known as the Palm Beach County Development Regions Core Grant Agreement dated June 17, 2003; and WHEREAS, pursuant to the administration of said Palm Beach County Development Regions Competitive Grant Agreement, the "CRA" wishes to provide assistance and support for the development and revitalization of the GRANTEE's business and properties within the Community Redevelopment Area; and WHEREAS, the "CRA" has determined that it is in the public's best interest and pursuant to carrying out its purposes, pursuant to the Community Redevelopment Plan to award a grant to the GRANTEE pursuant to the terms of this Agreement; and WHEREAS, in order to secure the public's interest in the grantee's fulfillment of its obligations, it is the intent of the grantor to obtain a security interest in the real property of the grantee; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS GRANTEE agrees that it will carry out the redevelopment project and activities as more specifically set forth in Exhibit "A" to this Agreement, attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement shall commence within Twelve (12) months of the effective date of this agreement and will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to the "CRA" for performance under this Agreement, and that, in the event of default, GRANTEE will, as more specifically set forth herein, refund to the "CRA" monies paid pursuant to this Agreement. GRANTEE hereby certifies that it is authorized by law to be so bound. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. As a condition to obtaining the maximum of Thirty thousand dollars ($30,000) from the "CRA", the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit "A" to this Agreement within Twenty (20) months and maintaining the same for Twenty-Four (24) months, the creation of at least Five (5) full time and 2 part time equivalent jobs (1 FTE = 2,080 hours per year and 1 PTE: 1040 hours per year) in Palm Beach County within twelve months (12) of completion of the project as set forth in Exhibit "A". GRANTEE shall be entitled to retain such lesser amounts as may be equal to the grant award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I. E. hereinbelow, the number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to the "CRA's" satisfaction, within fourteen (14) months of completion of the project as set forth in Exhibit "A". For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. As a further condition to retaining all grant amounts received from the "CRA", GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. Workforce Development Board - In the event a job becomes available, the GRANTEE shall mail the job description to the Workforce Development Board of Palm Beach County, Inc., at the address stated below. It is the intent of this clause to make all opening positions available on a competitive basis. Kenneth E. Montgomery, Executive Director Workforce Alliance, Inc. 2051 Martin Luther King Boulevard, Suite 302 Rivera Beach, Florida 33404 As a further condition to retaining any Grant funds from the "CRA", the GRANTEE shall provide to the "CRA" written verification, satisfactory to the "CRA" in its sole discretion, of compliance by GRANTEE with all agreed upon performance standards as set forth in paragraphs I. C. and I. D. hereinabove. GRANTEE may provide to the "CRA" this verification once all applicable portions of the performance standards set forth in paragraphs I. C. and k D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of the fourteenth (14) calendar month following completion of the project as set forth in Exhibit "A". Within ninety (90) days from the date this verification is submitted to the "CRA", GRANTEE agrees to refund to the "CRA" Three Thousand Four Hundred Seventy Three Dollars and 68/100 ($3478.68) for each Full Time position not created and One Thousand Seven Hundred Thirty Six Dollars and 84/100 ($1,736.84) for each Part Time position not created until the expiration of the twelfth (12) month following completion of the project as set forth in Exhibit "A". As a further condition of this grant, the GRANTEE hereby agrees to execute a note in favor of the "CRA" in an amount equal to the grant and additionally secure such obligations under the note by executing and delivering to the "CRA" a mortgage encumbering Grantee's real property as described in Exhibit C. Such mortgage shall be junior only to those permitted senior encumbrances listed in Exhibit C. The terms of the note shall only be due and payable in the event of a default of the Grantee's obligation under the Grant agreement and in the event no default shall have occurred, the Grantee shall have fully performed under the grant cOnditions, the note and mortgage shall be extinguished and satisfied. Sufficient collateral shall be available to secure the note and mortgage. 4249 I1. PAYMENT PROCEDURES, CONDITIONS The Grant funds available under this Agreement will be provided only for reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit "A", which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: 1. Incurred on or after June 17, 2003 (Retro date) Incurred no later than December 17, 2004. (18 Months from contract date). "CRA" agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit "B" to this Agreement, attached hereto and made a part hereof. Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts or other evidence of indebtedness shall be considered proper documentation. When original documentation cannot be presented, the GRANTEE must adequately justify their absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the "CRA" that each invoice presented for payment relates directly to work satisfactorily completed as contemplated by this Agreement. Requests for payment for costs incurred after the effective date of this Agreement shall be submitted to the "CRA" no later than forty-five (45) days after the date the indebtedness was incurred. Requests for payment for costs incurred prior to the effective date of this Agreement shall be submitted to the "CRA" no later than fifteen (15) days after the effective date of this Agreement. Requests for payment shall not be honored if received by the "CRA" later than the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement. If GRANTEE fails to submit any requests for payment by the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement, then this Agreement shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. tf the GRANTEE fails to comply with any of the provisions of this Agreement, the "CRA" may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agre~iment and the "CRA" shall have no further funding obligation to the GRANTEE under this Agreement. The GRANTEE shall repay the "CRA" for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the "CRA" for any lost or stolen funds. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the "CRA" and the "CRA" shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the "CRA" and GRANTEE, its successors or assigns in interest, agrees to be bound by the "CRA's,' determination. Funds which are to be repaid the "CRA" pursuant to this Agreement, are to be repaid by delivering to the "CRA" a cashier's check for the total amount 3 4250 Ill. VI. IV. due payable to the "CRA" within seventy-five (75) days of the "CRA's" demand. The above provisions do not waive any rights of the "CRA" or preclude the "CRA" from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the "CRA's" right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. DEFAULT/TERMINATION In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have thirty (30) days within which to initiate action to correct the default and ninety (90) days within which to cure the default to the satisfaction of the non-defaulting party. In the event that the defaulting party fails to cure the default, the non- defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual (2) reports pursuant to the format set forth in Exhibit "D", attached hereto and made a part hereof. Beginning with the end of the sixth month following the effective date of this Agreement, these reports shall be submitted in a manner satisfactory to the "CRA" in its sole discretion no later than twenty (20) days following completion of each reporting period. The final semi- annual report shall be submitted to the "CRA" no later than the forty-seventh (47) month following the effective date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total grant of Thirty Thousand dollars ($30,000). FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The "CRA" may have .a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the "CRA" at any time the "CRA" deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the "CRA" if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the "CRA" without liability, in addition to any of the "CRA's" rights or remedies, relieve the "CRA" of any obligation under this Agreement. 4151 IX. VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the "CRA", its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from "CRA" which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the "CRA" in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the "CRA", its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. INSURANCE GRANTEE shall, on a primary basis and at its sole expense, agree to maintain at all times during the life of this Agreement, self-insurance, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of self-insurance.or insurance maintained by GRANTEE are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by GRANTEE under the Agreement. Liability & Additional Insured - GRANTEE shall maintain Commercial General Liability and Business Auto Liability at limits not less than $500,000 per occurrence. GRANTEE further agrees to endorse Community Redevelopment Agency as an "Additional Insured" to the Commemial General Liability, but only with respect to negligence other than CRA's negligence arising out of this Agreement. Worker's Compensation & Employer's Liability - GRANTEE agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. Statement or Certificate of Insurance - GRANTEE agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages to the attention of CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, FI 33435. AVAILABILITY OF FUNDS The "CRA's" obligation to pay under this Agreement is contingent upon having received payment from Palm Beach County, pursuant to the terms of that certain Palm Beach County Development Regions Competitive Grant Agreement, June 17, 2003, which said Agreement is hereby incorporated herein by reference and made a part hereof. 4252 XI. REMEDIES AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be filed in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. Xlll. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY XV. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ENTIRE AGREEMENT The "CRA" and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings, including prior oral representations, other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, to: Boynton Beach Community Redevelopment Agency 639 E Ocean Ave, Suite 107. Boynton Beach, FL 33435 4253 with a copy to: Lindsey Payne Goren, Cherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Ft. Lauderdale, FL 33308 and if sent to the GRANTEE shall be mailed to (current official address): Yellowbeard, Inc. d/b/a Boynton Seafood 1022 N. Federal Hi.qhway Boynton Beach FI 33435 IN WITNESS WHEREOF, the Chairman of the CRA has made and executed this Agreement and the GRANTEE has hereunto set its hand the day and year above written. ATTEST: CRA ATTEST: By:, Chairman Yellowbeard, Inc. d/b/a Boynton Seafood By: Name / Title (please print) 7 4254 EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION: Yellowbeard, Inc. d/b/a Boynton Seafood is applying for a Development Regions Grant to expand the existing business. It is currently a full line seafood market. Yellowbeard, Inc. d/b/a Boynton Seafood is unique in that it is a Multi-cultural fish market. By incorporating a complete kitchen in the existing first floor, Yellowbeard, inc. d/b/a Boynton Seafood expects to produce approximately 75 plates per day. The menu would include many of the local fish that are caught daily, steamed Blue Crabs and a Seafood Chowder or Soup. The second part of the expansion plan involves remodeling the second floor space into an office to accommodate a growing Wholesale fish business. This aspect of the seafood industry involves the packing and shipping of larger quantities of fish to the Fulton Fish Market in New York City, requiring the need fora location to employ people to monitor and service the fluctuation of the daily price and product changes involved in the worldwide seafood market. ~ By accomplishing the goals stated above, Yellowbeard, Inc. d/b/a Boynton Seafood expects to create Five (5) full time jobs and two (2) pad-time jobs. The estimated cost of this project is $75,000.00 and construction is expected to take approximately 90 days from the date the necessary Permits are issued. County Core Grant to "CRA" $ 20,000 CRA funding 10,000 In equity ..461000 Total Project Cost $ 76,000 PROJECT LOCATION Yellowbeard, Inc. d/b/a Boynton Seafood 1022 N. Federal Highway Boynton Beach, FL 33435 Jobs to Create: 7 Jobs Existing: 8 Contact Bills 561-735-4775 Mary Jo The grant would be given to the Grantee upon completion of a financing and construction plan for the project satisfactory to the Grantor. The Grantee can incur expenses after June 17, 2003 related to the grant and must complete the project by no later than December 17, 2004 including job growth requirements. 8 4255 EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Facade improvement programs. 5. Construction of new buildings. 6. Renovation of existing buildings. 7. Site development assistance. (Reimbursements will not pay: architectural or attorney's fees/retainers or deposits on goods not received.) 9 4256 The GRANTEE will execute a promissory note in favor of the CRA in the amount of $30,000.00 equal to the grant and additionally secure such obligations under the note by executing and delivering to the "CRA" a mortgage lien encumbering real property described below: 1022 N. Federal Highway Boynton Beach, Florida 33435 Parcel Cf 08-43-45-21-32-003-0200 ,And a UCC Lien for equipment purchased with the Regions Core Grant Program. l0 4257 Please Circle: Name of Applicant: Name of Project: Start Date: Completion Date: Please Circle Reporting Period: 2003 1 2 2004 1 2 2005 1 2 Funding Spent by Source for these 6 months: County CRA Business Other Describe Status of Project in Relation to: 1, Renovation of Property; EXHIBIT D SEMI-ANNUAL REPORT FORM ROUND FINIAL Cumulative Funds Spent for Round I Participants Only: What will be accomplished by the next Semi-Annual Report? Employment Status at Project: Jobs Retained Start Date Title/Position Hours/Week Wage/Hour New Jobs Created Start Date Title/Position Hours/Week Wage/Hour 4258 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: City Cooperative Purchase Amendment DATE: December 1,2003 Staff is recommending the following language amendment to the CRA Purchasing Manual to facilitate the purchase of direct services or supplies from the City of Boynton Beach through their purchasing procedures and processes. This change in language will enable direct purchases from the City; however, the purchase approval process will remain the same. This language will only add an additional source for purchases for the CRA. The CRA Board will remain as the approval entity for purchases over $10,000 and therefore retains control. This change will also eliminate the cumbersome and time-consuming process of writing a "piggy-back" Contract each time the CRA wishes to purchase City services. 4259 TO: CC: FROM: DATE: RE: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM CRA Board Members Douglas Hutchinson, Executive Director Lindsey A. Payne, CRA Board Attorney ~ November 11, 2003 Boynton Beach Community Redevelopment Agency ('CRA")/Proposed Amendment to Purchasing Manual The Executive Director recommends amending the CRA Purchasing Manual as follows: Bids and Proposals 1. Excluded from the formal Bid process are the following processes: Ko Contracts with The City of Boynton Beach for direct services~_o_r .... -{DeletlM:. reimbursement to the City of Boynton Beach for supplies or services secured by the City of Boynton Beach through its purchasing procedures and processes. LAP/ja \UGCDE_FS'~..IBRARY~1998k980465k2003 MF-,MO$~oposed Amendment to Purchasing Man~.doc 4260 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 2, 2003 [] December 16, 2003 [] January 6, 2004 [] January 20, 2004 Date Final Form Must be Turned in to City Clerk's Office November 17, 2003 (Noon.) December I, 2003 (Noon) December 15, 2003 (Noon) January 5, 2004 (Noon) Requested City Commission Meeting Dates [] February 3, 2004 [] February 17, 2004 [] March 2, 2004 [] March 16, 2004 Date Final Form Must be Turned in to City Clerk's Office January 19, 2004 (Noon) February 2, 2004 (Noon) February 16, 2004 (Noon) March 1, 2004 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this item on the December 16, 2003 City Commission agenda under Consent Agenda. Staff recommends that the city execute a contract with Kimley-Horn and Associates, Inc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area. Base amount of the contract is $56,000.00 with optional elements amounting to an additional $48,000.00. All costs associated with this contract are to be paid by the City of Boynton Beach Community Redevelopment Agency. For additional information, please see the attached Scope of Services submitted by the consultant. EXPLANATION: The Boynton Beach Community Redevelopment Agency (CRA) is seeking to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6)(a)(2) of the Florida Administrative Code; however, application for a TCEA can be made by only a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. Because of the County's scheduling for its large-scale comprehensive plan amendments, the TCEA plan must be approved for transmittal to DCA in March 2004 and will be a part of the City's second round of amendments for 2004 (transmittal scheduled for early July). By using a consultant from the City's approved list of consultants under the Consultants' Competitive Negotiations Act, the City can meet the County's schedule for this round of large-scale amendments. PROGRAM IMPACT: The City and the CRA have recently updated the redevelopment plans for the areas in the downtown integrating mixes of land uses and encouraging multi-modal transportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of establishing the TCEA is to facilitate implementation of adopted redevelopment plans through elimination of the transportation concurrency requirements. The TCEA plan developed under this contract will include strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable downtown community. FISCAL IMPACT: to be paid by CRA Base Contract Amount $ 56,000.00 Optional Elements $ 48,000.00 Total $104,000.00 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not endorse establishment of a TCEA at this time, leaving future development proposals to be limited by road capacity and level of service standards. Development Department Director City Manager's Signature Planning and Zoning Director City Attorney / Finance / Human Resources November 24, 2003 Mr. Dale Sugerman Assistant City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 Dear Mr. Sugerman: Kimley-Horn and Associates, Inc. ("KHA" or "the Consultant" or "We") is pleased to submit this letter agreement (the "Agreement") to the City of Boynton Beach ("the Client") to provide professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan being considered by city officials to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach downtown area. TCEA BACKGROUND It is our understanding that the Boynton Beach Community Redevelopment Agency (CRA) and the City of Boynton Beach ("the City") seek to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6)(a)(2) of the Florida Administrative Code. The City has recently updated the redevelopment plans for the areas integrating mixes of land uses and encouraging multi-modal transportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of the TCEA establishment is to facilitate implementation of these plans through elimination of the transportation concurrency requirements. Instead, the TCEA plan will include strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable community in the downtown BOynton Beach area. Application for a TCEA can only be made by a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. These amendments are reviewed by various state and local agencies including adjacent cities, various county departments, the Treasure Coast Regional Planning Council, Florida Departments of Transportation and Community Affairs. Mr. Dale Sugerman, November 24, 2003, Page 2 of 8 TCEA GOALS The TCEA process will serve many purposes in addition to providing the mechanism to achieve the desired land use plan for the CRA. Mixed-use development within the CRA will promote a larger market for transit. With the anticipated increase in number of downtown city dwellers, there will be an increased demand for bus, rail, and other multimodal transit providers. This demand will reduce the reliance on automobiles for individual transportation needs, and in turn, assist the development of non-automotive modes of transportation such as bicycles or walking. Furthermore, the following economic, social, and environmental goals of the CRA will be made possible by implementation of the TCEA: · Increase the quality of urban life through a pedestrian-friendly environment. · Improve conditions for people (cleaner air, friendlier surroundings, and more trees). · Provide a wider choice of transportation and urban life-style options. · Encourage opportunities for economic development by promoting the downtown. · Create safe and attractive streets by reducing the negative effects of motor vehicles on the environment. · Increase property values through redevelopment. · Promote pedestrian, bicycle, and transit use. · Conserve natural resources including energy and land by reducing vehicle trips and single occupancy vehicles. · Build an equitable transportation system. SCOPE OF SERVICES The following scope of services is offered to help the CRA and the City achieve the ultimate vision of the CRA redevelopment plan by amending the City of Boynton Beach Comprehensive Plan to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6) of the Florida Administrative Code and Section 15.(1) N of the Palm Beach County Land Development Code. TCEA TASKS Task 1 - TCEA Definition and Justification The initial step will be to designate the boundaries of the TCEA in accordance with Department of Community Affairs (DCA) Rule 9J-5.005(2). This will involve coordinating with City staff to present consistent area delineation for use in the Comprehensive Plan Amendment and TCEA Applications and to help justify the boundaries in relation to the goals, objectives and policies of the City' s Comprehensive Plan. It is our understanding that the City intends for the Mr. Dale Sugerman, November 24, 2003, Page 3 of 8 proposed TCEA to exclude the CRA areas south of Woolbright Road, north of the Boynton Beach canal, and the area west of Interstate-95. A review of the Existing and Future Land Use Map Data as provided in the existing City Comprehensive Plan will be performed to evaluate the existing and proposed land uses within the CRA. In order to develop traffic projections for the CRA, this evaluation will be supplemented by site-specific land use types and intensities provided by the City and CRA. Vacant land use data as provided by the City or CRA will be utilized to determine applicability of TCEA justification options under Rule 9J-5. Site-specific data or vacant land use data not provided to KI-IA may have to be compiled (as an Additional Service) by a review of current GIS (Geographic Information System) data available from Palm Beach County. It is a requirement of the Palm Beach County Traffic Performance Standards Ordinance (TPSO) that a Pre-Application Meeting be held as a part of the TCEA procedure. Kimley-Horn will schedule an initial pre-application meeting to include a technical methodology discussion with representatives of both the Palm Beach County Traffic Division and Planning Division (who will be responsible for inviting other representatives of other agencies or municipalities). We will prepare a methodology document to present the techniques that will be used in the analysis. We will attend the meeting to present the methodology to agency representatives in attendance. Task 2 - TCEA Analysis In accordance with requirements of the Department of Community Affairs (DCA) and Palm Beach County, a traffic analysis will be prepared to address the impacts of the TCEA on the surrounding area, adjacent municipalities and the Florida Intrastate Highway System (FIHS). Information provided by Palm Beach County and other agencies during the Pre-Application and Methodology Meeting will be evaluated for incorporation into the analysis. This is expected to include daily and peak hour analyses and will address short and long range projections of traffic conditions. The long range analysis will involve a 2025 evaluation of traffic conditions in the downtown Boynton Beach area. Up to six (6) intersections will be analyzed (as needed) as part of Task 2. An evaluation of the existing transportation network will be performed, including roadway conditions, available transit options (such as PalmTran routes or access to TriRail service), as well as pedestrian and bicycle facilities. Existing traffic count data will be obtained from the City of Boynton Beach, Palm Beach County, and the Florida Department of Transportation. Based on the land use data provided in Task 1, a trip generation analysis will be undertaken for the proposed CRA land use utilizing trip generation rates from Palm Beach County and current edition of the Institute of Transportation Engineering's Trip Generation Report. Trip generation calculations for unique Mr. Dale Sugerman, November 24, 2003, Page 4 of 8 land uses not specified by ITE or Palm Beach County will be developed using assumptions or acceptable methodology. The Palm Beach County Florida Standard Urban Transportation Model Structure (FSUTMS) for the 2025 analysis year will be modified to appropriately represent the proposed CRA land use plan as defined in Task 1. The FSUTMS model data will be utilized to obtain historical growth information for non-CRA background traffic as well as to assign CRA project trips to the surrounding network. The outcome of this task will be a preliminary TCEA Justification Report including initial recommendations as to mitigation strategies. Task 3 - Agency Meetings and Coordination Based on the initial review of the TCEA Justification Report, additional inter- agency meetings are expected. We have estimated the need for up to six (6) of these meetings, which may include staff meetings, technical meetings, neighborhood workshops and public hearings as authorized by the City. These could include the required public hearings needed to adopt the TCEA application including meetings at County Land Use Advisory Board, County Commission, and relevant City advisory boards and City Commission. Review comments received during agency meetings will be evaluated to determine if updates of the preliminary TCEA justification reports are required prior to transmittal to the Department of Community Affairs (DCA). Up to two (2) updates of the TCEA justification report (assuming no significant modifications to agreed methodology) are envisioned under Task 3. Task 4 - TCEA Mitigation Strategies As part of the TCEA Justification Report, KHA will refine specific mitigation strategies to alleviate the potential impacts of concurrency issues within the study area. The TCEA mitigation plan will include recommendations addressing the following multimodal transportation strategies: · Potential geometric design improvements to both roadway and intersection locations that will increase capacity and improve traffic operations within the study area. · Recommendations for neo-traditional design options, as well as feasible traffic calming measures throughout the study area. · Transit Circulator Plan, Bikeway Plan, and a Pedestrian Network Plan. · Potential land use intensity modifications, land use phasing plan, or mixed-use intensity ratio limitations. · Transit Oriented Design (TOD) Recommendations. · Transportation Demand Management/Transportation Demand Initiative (TDM/TDI) alternatives. Mx. Dale Sugennan, November 24, 2003, Page 5 of 8 Illustrative graphics utilizing available software will be prepared to summarize the recommended plans. Mitigation strategies will be prepared in draft format for review by City staff prior to submittal to Palm Beach County or DCA. Task 5 - TCEA Comprehensive Plan Amendmentq KHA will incorporate the proposed strategies and recommendations for transportation operations within and around the TCEA in the Traffic Element of the City of Boynton Beach Comprehensive Plan. In this task, we will work with the City to develop a set of mutually supportive Goals, Objectives and Policies (GOP' s) to guide transportation decision-making related to the implementation of the TCEA in the City. Even though we understand that the City intends to make a substantial modification to the current Traffic Circulation Element, we will review the current element for purposes of identifying any useful portions to carry forward into the updated element or recommend modifications to existing language. GOP's will be developed to address the following matters: Project priorities Funding allocations - Potential funding sources - Land use patterns - Multi-modal approaches Parking provisions Roadway safety Level of service Typical sections for City streets Amenities for transportation users - Neighborhood planning - Traffic calming Street aesthetics A draft version of the Transportation Element as modified to incorporate TCEA goals, objectives, and policies will be submitted to City of Boynton Beach CRA staff prior to transmittal to Palm Beach County or DCA. Task 6 - TCEA Transmittal Package The finalized traffic analyses, mitigation strategy plan, and updated Transportation Element will be compiled for transmittal to DCA. KHA will attend Transmittal Hearings for the City and County as needed to transmit the TCEA package to DCA. Up to fifteen (15) copies of the transmittal document will be prepared for submittal to DCA. Mr. Dale Sugerman, November 24, 2003, Page 6 of 8 Task 7 - ORC Response Package After transmittal to DCA, a 60-day review window begins for DCA to review the transmittal document, coordinate input from other agencies and offer its Objections, Recommendations, and Comments (ORC) report related to the traffic analyses and Transportation Element updates. KHA will review the ORC report prepared by DCA and prepare a written ORC response. Significant changes in TCEA methodology or previously agreed upon goals, objectives, and policies of the Transportation Element will be discussed with CRA, City and County staff prior to ORC response. Due to the uncertain nature of the extent of DCA's ORC comments, the magnitude of effort to appropriately address them is unknown. We will prepare for and attend Palm Beach County's final adoption hearing to formally approve the TCEA within the designated CRA area. TASKS NOT INCLUDED There are additional efforts that may be needed to be pursued by the City but have not been included in the core scope for development and adoption of the TCEA and RAC. These efforts include: · Regional Activity Center (RAC) Application · Vacant land inventory · GIS data compilation · Additional traffic analysis or modeling · Attendance at additional meetings beyond those identified above · Additional meetings with DCA · Traffic/system inventory data not made available by the City, County, or FDOT · Update of Future Land Use Map (FLUM) o Comprehensive Plan Impacts to Elements other than the Transportation Element o Consistency of FLUM with CRA Redevelopment Plan · Other Additional Services not described herein SC~D~E We will provide our services as expeditiously as practical to meet a mutually agreed upon schedule. It is our understanding that the City of Boynton Beach has already filed their TCEA application for Palm Beach County's Round 1 schedule for 2004 for comprehensive plan amendment related to the TCEA. Mr. Dale Sugerman, November 24, 2003, Page 7 of 8 FEE We will perform the services outlined in Tasks 1 through 4 for a lump sum fee of $56,000 as follows: Task 1 - TCEA Definition and Justification Task 2- TCEA Analysis Task 3- Agency Meetings and Coordination Task 4- TCEA Mitigation Strategies $6,000 $25,000 $7,000 $18,000 Based on the preliminary nature of the requirements of the TCEA Application the following fee estimates are offered for the remaining tasks to be performed on an hourly rate basis: Task 5 - TCEA Comprehensive Plan Amendments Task 6 - TCEA Transmittal Package Task 7 - ORC Response Package $18,000 $10,000 $20,000 All permitting, application, and similar project fees will be paid directly by the Client. 4270 Mr. Dale Sugetman, November 24, 2003, Page 8 of 8 CLOSURE In addition to the matters set forth herein, our agreement shall include and be subject to, and only to, the terms and conditions of the Continuing Consulting Services Agreement. The term "the Consultant" shall refer to Kimley-Hom and Associates, Inc. and the term "the Client" shall refer to: City of Boynton Beach. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us for our files. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Kimley-Hom appreciates the opportunity to serve the City of Boynton Beach. Please contact Jason Matson or Fred Schwartz if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jason B. Matson, P.E. Associate FWS:jbm The City of Boynton Beach By: Bryan T. Rapp Regional Business Manager (Print or Type Name) Title: (As Authorized by Law) (Print or Type Name) Official Seal: , Witness P:\85294UBIvlXB oyntonCRA~B BCRATCEA_i 12403.doc MEMO TO: FROM: SUBJECT: DATE: CRA Board Douglas Hutchinson Consideration of Traffic Concurrency Exemption Area Study Contract December 1,2003 As the Board will recall, a study for a Traffic Concurrency Exemption Area (TCEA) was approved to be performed to enable project concurrency in the CRA Central Business District. To expedite the study, the work is proposed to be secured as a contract purchase with the City using its established contracts for engineering services. Staff is coordinating with City staff for all work in developing the needed concurrency documents, which are critical to the redevelopment in the CRA Area. Attached is the scope of work as recommended by the city staff and a list of additional optional services for the TCEA project. The original estimate from City Staff was for a fee in the range of $35,000. The total scope of work from the engineers is $56,000 with possible follow-on optional elements not to exceed $48,000. The study could run as much as $104,000. Mr. Hudson is coordinating this effort with the CRA, City, County, Florida DOT, Treasure Coast, and the DCA for compliance. The study will result in text amendments to the Comprehensive Plans of both the City and Palm Beach County. While the City has two amendment cycles each year that include text amendments, the County's process allows for only one. Their text amendment cycle for 2004 will be transmitted to DCA in early March and adopted in July. If the TCEA amendments are not transmitted in this package, the next opportunity for adoption will be July of 2005. 4261 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Recommendation for a language change for compensation in the CRA Financial Auditor Contract. DATE: November18,2003 Linda Dufresne, the outside auditor, is requesting the following change to the issue of compensation to their contract, which allows for progress draws on the Audit Contract. Staff is recommending the CRA Board approve the changes summarized below with the amendment attached, which has been written and reviewed by Legal Staff. In addition, staff will seek input and direction for the Auditor on accounting issues where an expert opinion may be necessan/. 4. COMPENSATION: Compensation for the audits, as defined in Section 1, shall be $ $5,900.00. · CPA will invoice the CRA for audit fees as work progresses and will bn payable on presentation as follows: 70% following completion of substantial amount of field wor:: 30% upon delivery of final report dur=tlon of thc Contract. It is expressly understood that any incidental 4272 or out-of,pocket costs incurred by CPA are covered by the total compensation and are not to be billed separately. · Fee schedule for audit and additional services (Exhibit A) Invoices received from the CPA pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. 4273 Audit Services EXHIBIT A FEE SCHEDULE Additional Accountinq and Auditinq Services Arbitra.qe Rebate Services $5,900.00 09130103-09-30-06 $ 75.00 per hour $1500.00 - $3,000.00 4277 Section 4. In the event of conflict or ambiguity by and between the terms and provisions of this First Amendment and the Original Agreement, the terms of this First Amendment shall control to the extent of such conflict or ambiguity. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. DUFRESNE & ASSOCIATES, CPA, P.A. BOYNTON BEACH CRA By: By: Chairman Name & Title Witness: Name & Title Witness: Page 2 of 2 LAP/ia C:X~Documents and Setfings\vielhauers. CITYWly DocurnentsXaudit~Audit Conn'act(Amendment).doc 4276 AMENDMENT TO THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES AGREEMENT THIS IS A FIRST AMENDMENT TO AGREEMENT, dated the ,2003, between: day of THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", And DUFRESNE & ASSOCIATES, a Professional Association, authorized to do business in the State of Florida, hereinafter referred to as the "CPA", In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and CPA agree as follows: Section 1. The Original Agreement entered into on July 8, 2003, shall remain in full force and effect except as specifically amended hereinbelow. Section 2. The PARTIES hereto agree to amend Section 4. COMPENSATION as follows: 4. COMPENSATION: · Compensation for the audits, as defined in Section 1, shall be $ $5,900.00. CPA will invoice the CRA for, audit fees as work progresses and will be_.--al' De~et~-. work pe,ormed upon payable on presentation of an invoice as follows: [ completion of the Audit under thle agreement for the duration of the Contract 70% following completion of substantial amount of field work, and 30% upon delivery of a final report. It is expressly understood that any incidental or out-of-pocket costs Incurred by CPA are covered by the total compensation and are not to be billed separately. Exhibit "A". Invoices received from the CPA pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. Section 3. Exhibit "A" is created to read as attached~ .................. "' I ~elet~: ¶ 4275 EXHIBIT A FEE SCHEDULE Audit Services $5900.00 9/30/03-09/30/0~ Additional Accountinq and Auditin,q Services $75.00 per hours Arbitra_cle Rebate Services $1500.00 - $3,000.00 4274 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: CSC Committee Recommendation for the RFQ for Financial Advisory Services DATE: December 1,2003 The CSC Committee met at the CRA office on November 6, 2003 to review the RFQ's submitted for Financial Advisory Services. The CSC Committee recommended William Hough & Co. to provide Financial Advisory Services for the CRA on November 20, 2003. The CRA Board voiced concerns on the Lawsuit with Clerk of the Circuit Court of Collier County and tabled this item pending additional information. Staff contracted Julie Turner of William Hough & Co. with these concerns and requested and explanation as well as a request for their Legal Staff to contact Lindsey Payne, Legal Staff for the CRA, which they did. I am attaching the response to this memo for your review. In addition, Lindsey will be prepared to address questions for the CRA Board. In addition, I contacted the references listed in William Hough & Co.'s RFQ with positive results. Staff is seeking CRA Board direction to move forward with scope development and contract negotiations. 4278 Memo To: From: Subject: Date: CRA Board Doug Hutchinson - Executive Director Consideration of Contract for the Independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal. December 1,2003 The contract for the Independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal from the Bakers Leisure Group is attached for review and approval by the CRA Board. The scope of services within the contract is comprehensive and will provide good direction for the project. In addition, the original budget was for $75,000, while this contract is for $50,000 plus expenses. Further, note the short turn around of 8 to 10 weeks. This contract has been reviewed by Legal Staff and approved prior to the CRA Board receiving the documents. Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Three: Concept Site Plan Review EDSA will review the Concept Site Plan in terms of its feasibility. EDSA, in conjunction with ATM Engineers, will review the site and available data provided by the City as follows: · Size · Topography and slope · Hydrology and drainage (by ATM) · Vegetation (byATM) · Environmental conditions (byATM) · Utilities · Circulation and related infrastructure · Archaeological/cultural conditions (byATM) Task Four: Planning Report EDSA will prepare a report containing a brief overview of the process, analysis of the site and land use regulations and zoning, overview of physical aspects of the site and review and recommendation of the proposed project site plan. Task Five: Coordination EDSA will coordinate its services with the design team, particularly with ATM Engineers and Cumming McGillivray Cost Estimators. APPLIED TECHNOLOGY & MANAGEMENT The proposed scope of services is to prepare and complete a feasibility study for shoreline management and environmental permitting for the referenced project. Total shoreline frontage is approximately 600 ft. along the Intracoastal Waterway, in an area where bank erosion has historically been a problem, the structure is "non-water dependent," and is sited in the mangroves. All of these conditions create challenges that should be addressed in these early phases of the project. The Florida Department of Environmental Protection (DEP), South Florida Water Management District (SFWMD), U.S. Army Corps of Engineers (USACE), Palm Beach County Department of Environmental Resources Management, and the City of Boynton Beach will be the primary permitting agencies and should be contacted as part of this feasibility study. The feasibility study will utilize existing data to the extent practical and will be closely coordinated with the City of Boynton Beach Community Redevelopment Agency (CRA). The Baker Leisure Group Team .... 10 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal CURRIE PARTNERSHIP Based on our conversations, and understanding of the project, we will include services as needed but not limited to the following: Review report dated March 3, 2003, titled Savage Creatures of Ancient Seas as prepared by the Community Redevelopment of the City of Boynton Beach. Meet with CRA staff to discuss program requirements in further detail to base our needs assessment. Evaluate appropriateness of program spaces. Prepare conceptual alternate plans and elevations of proposed program to assist in the review of construction budget. Perform code review for establishment of circulation requirements, elevators, ADA compliance, plumbing requirements, etc. Coordinate with City departments for site plan approval requirements and permitting agency to insure compliance with local codes. Attend up to two visits to Baker Leisure Group office in Orlando. Act as local liaison during coordination meetings with CRA and attend meetings. Coordinate/assist team members as needed. Whatever else you need as long as it is reasonable. EDSA EDSA will review the feasibility of the proposed project concept pertaining to site planning, site development and integration into the existing urban context of its location. Services include: Task One: Site Reconnaissance EDSA will visit the site and surrounding environs to be familiar with existing conditions; opportunities and constraints of the site; linkages and connectivity, etc. Task Two: Land Use Regulations and Zoning EDSA will review the City of Boynton Beach's land use regulations, site development ordinances and zoning to understand development requirements, suitability, and required governmental approvals pertaining to site planning and land use. Current versions of development ordinances, land use regulations and zoning information will be provided by the City for EDSA's review and recommendations. The Baker Leisure Group Team Page 9 December 2t3oR ~., ~ A Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Seven: Economic and Performance Parameters Overall operating revenues for the proposed development will be estimated based upon per capita spending estimates and attendance estimates. Per capita spending estimates will be based upon an assessment of per capita spending in other comparable facilities, and an analysis of visitor spending at other local visitor attractions within the marketplace. The per capita spending will consider all potential profit centers including, but not limited to, admission, merchandise, food and beverage, and other. Attendance and per capita spending will be estimated for a period of five years. It will be utilized to determine operating revenues. Operating costs will also be determined for the development of an operating pro forma. The pro forma will include, but is not limited to: all estimated operating expenses and capital expenditures. The pro forma will be utilized to determine a warranted investment of the overall facility. The warranted investment is defined as the total investment that can be justified given operating cash flow. Within this task, BLG will engage the Conway Company in regards to recommended financial strategies based on their experience with similar projects from a non-for-profit perspective. This will include recommendations in regards to corporate and operations structure, as well as the foundation structure. JBP ENTERTAINMENT GROUP Working with the research provided by the Baker Leisure Group, The JBP Entertainment Group will provide an objective review on the current "Savage Creatures of the Ancient Seas" concept, including: · Creative content · Appropriateness of content · Show elements · Audience expectations · Overall guest experience The JBP Entertainment Group will also provide recommendations regarding the viability and soundness of the current creative package, as well as considerations on how to proceed. T_he Ba.ker _L_ei_s_ure Group Team P,a~g.e_ 8 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Three: Educational/Entertainment Industry Review In Task Three, BLG will evaluate the educational/entertainment industry in terms of: · Overall operations · Trends · Market support structures, capture rates · Per capita spending Task Four: Competitive Analysis BLG will research the number, quality, and location of visitor attractions in the market area, both existing and known-planned. The research of the market area attraction portfolio will help in understanding its impact on future performance of a proposed development. Competitive visitor attractions, as applicable, will be evaluated based on publicly available data in terms of its: · Location relative to the proposed site · Attendance levels and mix (if available) · Quality of attraction and types of amenities · Pricing, per capita spending · Investment level (if available) At the conclusion of Task Four, BLG will develop a SWOT analysis (strengths, weaknesses, opportunities, and threats) and other general factors within the marketplace that will assist in determining the market support structure. BLG will deliver to the Boynton Beach CRA as well as all team members a market summary report, SWOT analysis summary, and recommendations. This report will serve as the basis for product and concept development, as well as site review and financial analysis. Task Five: Site Evaluation A site visit will be completed. BLG will review information such as visibility, accessibility, and general characteristics of the subject site. BLG will observe general characteristics of the adjacent uses and the surrounding area. At the conclusion, BLG will have a greater understanding of the advantages and limitations of the subject site. Task Six: Estimated Attendance Based upon the industry and market study findings, assessment of competitive projects, and analysis of other similar projects, BLG will estimate conceptual-level attendance for the proposed project. Attendance will be given in a range that will apply to future financial estimates and performance. The Baker Leisure Group Team Page 7 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal In addition, within Task One, the study team will spend approximately 3 business days in the market area conducting a series of interviews with local business officials, private and public, including: 1.) 3.) 4.) 5.) 6.) 7.) Area Tourism Leaders, specifically the visitor's bureau (or the equivalent thereof) Local Attraction Officials, specifically attractions that cater to the visitors exclusively, attractions that appeal to the local population, and attractions that appeal to both Convention center officials (or the equivalent thereof) Local hotel group (Future) attraction developers (i.e. theme park developers, etc.) Local economic development/business development office Other business community leaders and local officials that would provide insight Task Two: Demographic Assessment In this task, BLG will review relevant demographic and economic data relating to the Boynton Beach market area. The assessment is segregated to the residential and the visitor market, as well as general environmental characteristics. Specific to the residential market, BLG will evaluate: · Total population and growth · Household income · Age segmentation · Lifestyle trends · Leisure habits of the residential population Within the visitor market, BLG will evaluate: · Total number of visitors · Purpose of visit · Length of stay · Origin of visits · Seasonality · All other characteristics relevant to the visitor market In addition, because there is an educational component to the proposed project, BLG will identify the school educational market as a potential market for the project. The Baker Leisure Group Team Page 6 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal ATTACHMENT A PROPOSED SCOPE OF SERVICES - SAVAGE CREATURES OF THE ANCIENT SEAS Baker Leisure Group has assembled a strong development team to answer the question: "Is the Savage Creatures of the Ancient Seas the right project at the right place at the right time?" The proposed project is considered a catalyst for the redevelopment of Boynton Beach and will blend entertainment and educational elements that are related to the timeline of nautical experiences, through both man made and natural elements. The development team includes teams specializing in financial and market analysis, architectural design, creative development, cost assessment, fabrication, authentication, and non-for-profit organization and development for fund procurement. In this initial phase, the Baker Leisure Group team has assembled the team to conduct an assessment of the current work product as completed by the Community Redevelopment Agency. Each team member will utilize their expertise to determine the feasibleness of the project and, where applicable, make suggestions and recommendations that strengthen the proposed project. The following section presents the scope of work per each team as applicable to the phase one process. It is separated by team member. It is important to stress that although each team member will be conducting independent exercises, they will also be conducted in tandem with all teams to insure that information gleaned from each team member will be incorporated within the progress of the project as a whole. BAKER LEISURE GROUP Task One: Orientation & Work Session The BLG study team will meet with the Boynton Beach CRA team to: · Confirm study goals and review the project concept · Establish dates for future work sessions and presentations · Review the work program and refine · Identify the contacts to be utilized by the study team · Obtain copies of documents, which are relevant to the project The Baker Leisure Group Team Page 5 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal limits of one million dollars for each occurrence, bodily injury (including death) and property damage, including endorsements providing non-ownership and hired automobile liability coverage. b. Workers compensation and employers liability insurance for statutory limits for all employees of BLG. c. All risk property insurance covering all property of BLG and all property of others for which BLG is legally responsible. d. General liability with minimum combined single limits of at least one million dollars for each occurrence, bodily injury (including death) and property damage, two million dollars general aggregate. e. Excess liability in the amount of two million dollars each occurrence, two million dollars aggregate. 20, SIGNATURES Unless otherwise specified in this Agreement, the following signatures are the authorized representatives and each party may rely upon the decisions and information of such party in the performance of this Agreement. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. Baker Leisure Group by President Date Boynton Beach CRA by Chairman Date The Baker Leisure Group Team Page 4 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal other than the Parties and all duties and responsibilities undertaken pursuant to this Agreement will be for their sole benefit. 15. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and the BLG shall survive the completion of services hereunder and the termination of this Agreement. 16. SEVERABILITY If any one or more of the provisions of this Agreement, for any reason, are held to be invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. WAIVER The provisions of this Agreement shall not be waived by either party unless such waiver is in writing and signed by the parties. 18. NOTICE All notices or other communication provided for herein shall be given in writing by courier service and by fax to the addresses/fax numbers of the parties set forth as follows: If to BLG: Baker Leisure Group LLC Attention: Steve Baker, President 5401 Kirkman Road, Suite 610 Orlando, Florida 32819 Phone: 407.351.0425 Fax: 407.363.0716 If to Client: Boynton Beach CRA by Executive Director 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Phone: 561.737.3256 Fax: 561.737.3258 19. INSURANCE During the term of this agreement, BLG shall maintain the following insurance coverage with limits no less that the amounts indicated: a. Comprehensive automobile liability insurance with minimum combined single The Baker Leisure Group Team Page 3 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal 8. COMPLIANCE WITH LAWS BLG shall, to the extent applicable in connection with the rendering of its professional services, be responsible for compliance with all applicable provisions of national, federal, state and local equal employment opportunity laws, rules and regulations and with all other applicable laws, rules, regulations and orders including, without limitation, national, federal, state, provincial and local occupational safety, health and environmental requirements. 9. PROFESSIONAL RESPONSIBILITY BLG shall perform within the limits prescribed by the Scope of Services in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time services are performed. No other representations to the Client expressed or implied and no warranties or guarantees are included or intended in this Agreement or in any report, opinion, and document or otherwise. 10. PERMITS AND APPROVALS Each party shall secure, at its sole cost, all necessary approvals, permits, licenses and consents necessary for it to be properly qualified to perform its services hereunder. 11. LIABILITY AND INDEMNITY As an independent contractor, BLG shall accordance with the following conditions: be responsible for its own operations in BLG agrees to indemnify, hold harmless and defend Client from and against all loss, injury, damage and legal liability including attorneys' fees and other costs of defense or settlement to the extent caused by any negligent act, error or omission of, or the willful misconduct of BLG, its employees, agents, representatives, subcontractors or suppliers. BLG assumes all liability for workers' compensation and employer's liability coverage for its own employees. 12. OWNERSHIP OF MATERIALS AND DOCUMENTS BLG agrees that all documents prepared by BLG in the course of its performance shall become the property of Client upon payment for services rendered. 13. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Client and BLG and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by the written agreement of the Parties. Nothing in this Agreement shall be construed to provide any rights or benefits to anyone The Baker Leisure Group Team Page 2 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal AGREEMENT FOR SERVICES REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY THIS IS AN AGREEMENT made effective as of 2003 between Boynton Beach Community Redevelopment Agency (hereinafter "CLIENT") and Baker Leisure Group LLC (hereinafter "BLG") located at 5401 Kirkman Road, Suite 610, Orlando, FL 32819. 1. SCOPE OF SERVICES BLG shall provide the Scope of Services identified at Attachment A with respect to the feasibility study for the Savage Creatures of the Ancient Seas Museum. 2. COMPENSATION BLG shall submit invoices to the Client using the fee schedule at Attachment 13. Payment shall be made within 30 calendar days. Any special compensation provisions shall be set forth in Attachment B. 3. TERM AND SCHEDULE The term of this Agreement and schedule for performance shall be as set forth at Attachment C. 4. TERMINATION Client may terminate this Agreement without cause upon 15 calendar days upon written notice to BLG. Upon this occurrence, Client shall pay BLG all necessary and reasonable costs incurred and amounts owed through the date of termination. 5. SUSPENSION OF SERVICES Client may suspend performance of services hereunder at any time by written notice to BLG. Any such suspension shall extend the Agreement completion date commensurately. Client shall pay BLG all necessary and reasonable costs incurred by BLG directly attributable to the suspension. 6. DELAYS BLG shall not be responsible for damages or delays in performance caused by Acts of God, sovereign acts and/or omissions of national, federal, state, provincial and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of BLG and that could not have been reasonably foreseen, prevented and/or mitigated by BLG. 7. ASSIGNMENTS AND SUBCONTRACTS Neither party shall assign, subcontract, or otherwise transfer its rights or obligations hereunder. The Baker Leisure Group Team Page 1 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Each of the tasks are described below. Task One: Review of Existing Literature, Reports and Data This task involves the search and cursory review of such documents as City plans, existing permits, Mangrove Park boundary surveys, environmental surveys or studies, current or tidal data, ICW boundary information, historical aerials, historical shoreline data/surveys and other pertinent background information about the surrounding area and its history. Task Two: Acquisition of Site Data This task focuses on the specific site and its present condition. Recent aerials will be needed, along with existing boundary surveys, easements, and other encumbrances. Any other site data such as seagrass surveys, bathymetry, topography, wetland delineations, wildlife surveys, etc. will be compiled and summarized. Task Three: Environmental Resources Evaluation Feasibility-level effort studies under this task will not involve an underwater seagrass survey or completion of an upland vegetation survey; however, literature reviews and a brief site visit will be included as part of this task. Comments will be made relative to this level of environmental assessment. Task Four: Meeting with Agencies Meetings and/or telephone calls (as availability allows) with DEP, SFWMD, USACE, City of Boynton Beach, CRA, and Palm Beach County will be conducted to gather input on the feasibility of this project concept in this location. Input from these meetings/calls will only be as good as the concept development at the time of the meeting/call. Task Five: Shoreline Management A concept for the structure, or even the size of the waterfront portion of the structure, has not been developed at this point. It may be possible to discuss some design concepts/alternatives that will be acceptable in terms of shoreline erosion and management of resources at this point. This task will cover an informed discussion of these topics given the data gathered in Tasks 1 through 3. CUMMING MCGILLIVRAY it is envisaged that CMLLC's initial involvement will be to review the construction cost information in the feasibility study in conjunction with the program information and architects conceptual design. The Baker Leisure Group Team 11 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal An updated "Order of Magnitude" estimate will then be prepared to check the feasibility study for validity. CMLLC will consult with the other team members to ensure the revised construction cost includes all relevant items, such as ovedin water support structure. Increased structural requirements for the facility to, "hang 60 foot moving animated figures". 4-D effects, 3-D film, interactive exhibits, etc. in order to produce a world class facility within the anticipated target budget. The Baker Leisure Group Team ,-,, ,-, 12 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal ATTACHMENT B For the services described in the Proposed Scope of Services, BLG shall be paid a total fee of $50,000, which will not include expenses, to be paid as follows: · Upon execution of Agreement - $10,000 (Ten Thousand and 00/100 dollars) paid in full upon contract signature · Upon delivery of draft report - $30,000 (Thirty Thousand and 00/100 dollars) · Upon delivery of final report - $10,000 (Ten Thousand and 00/100 dollars) ATTACHMENT C Time Requirements BLG anticipates that it can complete the overall study within eight to ten weeks from initial kick-off meeting and hand off of all information to BLG from the CLIENT. Travel Requirements To be determined The Baker Leisure Group Team 13 Dcm~.rnh~.r pnn.q 4318 MEMORANDUM TO: The CRA Board Members From: Quintus Greene, Development Director Date: December 1, 2003 RE: Ocean District Community Redevelopment Plan The Department of Development staff is pleased to present the Ocean District Community Redevelopment Plan. As you know, this is the third component of the required update to the overall CRA Plan for the City of Boynton Beach. This plan features the two(2) consensus alternatives that resulted from meetings with community stakeholders, as well as graphic sections through major streets and various featured amenities. Staff will be prepared to discuss these alternatives and answer questions from both CRA Board members and the public at the December 9, 2003 Board meeting. 4319 X. Commission Action 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 Xl. Board Member Comments 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 561-73%3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably Xll. Legal 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 disabihty 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 TO: CC: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM CRA Board Members Douglas Hutchinson, Executive Director FROM: DATE: RE: Lindsey A. Payne, CRA Board Attorney ,~,~ December 1, 2003 Boynton Beach Community Redevelopment Agency ('CRA")/Business Program - Review of $9,000.00 Invoice Genesis Attached are the following statements taken by me: 2 3. 4. 5. Lynne Allison, dated November 12, 2003 at 9:45 a.m. Annette Gray, dated November 14, 2003 at 9:30 a.m. Susan Vielhauer, dated November 14, 2003 at 10:45 a.m. Loft Dunford, dated November 14, 2003 at 11:30 a.m. Douglas C. Hutchinson, dated November 24, 2003 at 12:00 p.m. In addition, an additional statement by Chris Wilkins of AR Funding is attached. [ would like to note generally, that the CRA did not retain a copy of the fax to AR Funding or a copy of the second draft Agreement marked up by Doug and Loft at the meeting held at the CRA office. This appears to be inconsistent with the public records law. However, everyone appears to agree that something existed on September 10, that Doug signed regarding a fax to AR Funding. There also appears to be no dispute that a second draft Agreement marked up by Doug existed, however, no contract was ever executed. It appears at this time that Loft Dunford is not claiming ownership of the Business Genesis Program and she is not claiming that a written executed contract exists between the CRA and Lori Dunford or her company Corporate Consulting and Coaching, Inc. However, she is claiming that she is owed the money based upon work performed for the CRA. AR Funding says based on the written document signed by Doug Hutchinson and their telephone conversations with him, they are owed $9,000.00 and they are not willing to compromise that amount. They said that they want the entire amount of $9,000.00 and that if this is not resolved at the December 9, 2003 Board meeting that they are to be paid, they will mm this matter over to their attorneys. Please feel free to contact me with any questions regarding this matter. LAP/ja Attachments \UGCDE_FS~LIBRARYX1998L080465k2003 MEMOSkBusiness Genesis Program -Review of $9000 Invoice.doc BBCRA Interview of Annette Gray November 14, 2003 at 9:30 a.m. Boynton Beach City Attorney's Office She reviewed AR Funding Statements provided in the package I prepared. She prepared fax cover sheet based on what Lori said only. She received a call from Chris Wilkins of AR Funding and then changed the fax number and gave it back to Lori to fax. Never saw invoice or signature by Doug. Lori took document to the fax machine. She did not. The project need was to count businesses - Annette said she was going to do it. Lori said I will go with you. She needed the information for proposed contract. Business list typed by Lori and Lynn. Lori forced the last meeting because Germain of FAU needed to start the class at FAU. Students in the business class started in September. They did survey work of businesses. Lori's first draft in Annette's packet - these contain Annette's notes. Second Contract Doug marked up during a meeting with Lori at the CRA. Lynne Allison was best on team and she had ability - Lori had people skills but management part not good Doug and Lori spent approximately 3 hours working on contract - he marked out $9000 and put in $2500 - she saw it. Never told her told he won't Use her team Doug told her via e-mail Annette, Doug, Kristen Conti, and Lori had a meeting re: BODA issues. BBCRA Interview of Susan Vielhauer November 14, 2003 at 10:45 a.m. Boynton Beach City Attorney's Office Told Annette Gray - not sole source and maybe someone else at a meeting at CRA office. This occurred around the summer months. She received a call from AR Funding about whether they were going to pay the bill. She never saw an invoice. Annette took the call. She received a second call from AR Funding and Doug said they not paying because there was no contract and then she told AR Funding no contract existed and CRA was not paying. No knowledge of this other than as stated. No knowledge of invoice, or fax. Doug conveyed that BODA was going to do this work and Annette was going to find matching funds. \XJGCDE_FS\LIBRARYM998\980465\$usan Vielhauer's Interview.doc 4327 Cont'd. / BBCRA Interview of Lori Dunford November 14, 2003 at 11:30 a.m. Page 2 She informally brought up to Doug about the AR Funding issue first in July. She asked will I get paid for this because of the AR Funding issue. Doug said, no problem Chris Wilkins talked to Doug also on September 10 about the fax to AR Funding. Doug knew about AR Funding $9000 since July. Annette went with her to count the businesses on first day and prepared handwritten list. She then finished and typed the list. All businesses counted but not all 25 interviewed. Some of the businesses could not meet until early September. Some were on vacation, etc., so she talked to them on the phone. Invoice dated August 20, 2003, because of AR Funding process. Work was not completed on August 30 but she put that down because AR Funding would only pay for work completed in the prior month. September 18 - 30 - dates she referenced in follow-up interviews. Initial interviews done prior to September 10. Students went to the interviews during the September 1-10 period (students helped). Follow-up - Germain wanted to follow-up. Thought it was important. That is what was going to take place September 18-30. She misstated this in memorandum to Larry. Doug's comments at the 3-hour meeting needed to be incorporated into 3rd draft contract and she got rid of 2na draft contract. Didn't know just BODA was taking over until October 13. Re: First draft - Doug did not communicate well about the panel and other ideas he had. She did the best she could on first draft based on what he said. BBCRA Meeting With Douglas C. Hutchinson and Attorney Andrew Seiden November 24, 2003 at 12:00 p.m. Dou~ Hutchinson's Statement Two days before third version of the contract was presented, Doug said No. Doug said, No. - Too many managers at $200.00. Loft needed to know how to charge for her proposed survey. Therefore, she needed to know number of businesses to see what to charge. Doug said ok you need to count and he would let Annette help her. Loft did mention something about AR Funding to Doug in July. He did sign the acknowledgement form. He thought the form was to apply when there was a contract with Loft, then the CRA would pay AR Funding instead of Loft's company. To his recollection, Invoice 101, Date of Invoice August 20, and $9000 in amount, was not on the top of the acknowledgement form. Lynn said not getting paid and everyone but Loft was not paid. Diane Johnson said Loft did not know what she is doing. Doug told Loft she needed to coordinate with the Chamber. BODA was going to sponsor Loft's work. He told Loft this in May. BODA was to lead. But BODA was eligible for matching from CRA. Just like events we do with BODA, CRA is a sponsor of the event. There is $60,000 in the CRA budget for sponsorship. He told James McArthur - if Lori gets the contract it will be $60,000, not that she had a contract. He told James McArthur Loft was performing well because she was at the time he said that McArthur asked only when will Loft be getting paid? He never asked if there was an actual Vielhauer, Susan .:rom: Sent: To: Cc: Subject: Chris Wilkins [CWilkins @ arfunding.com] Monday, November 24, 2003 4:09 PM Ipayne@cityatti.com Jim McArthur; Kevin Gilbert Summary of Conversation Lindsay, As per your request, let it be known that we are in possession of the original signed document listing the invoice in question for Boyton Beach CRA. I received this document in the mail from James McArthur, of A/R Funding, who received it by mail from Lori Dunford. Lori got the letter on September 10th at Doug's office. On Spetember 10, 2003 I spoke briefly with Doug concerning the invoice that he was signing. I asked if everything was ok with the invoice and that everything had been completed. He stated that it had been and I would be receiving a fax very shortly. The fax came through just a few minutes later and was illegible. I then called the CRA and spoke to Annette and asked her to refax the documents (3 total with cover) to another fax number. A few moments later I recieved the second fax and was able to read this transmission. After receiving the original acknowledgement in the mail I compaired the two and saw that they were identical. I Can see no alterations of any kind and the signature is done in blue ink. Lindsay, if further confirmation of this statement is needed please feel free to contact Kevin Gilbert in my office by phone at 865-250-2107 ext. 212 or by e-mail at ~ilbert@arfunding.com. I look forward to a speedy resolution to this matter. If you have any further questions do not hesitate to call. ' Regards, Associated Receivables Funding, Inc. Chris J. Wilkins Regional Vice President 4333 XIII. Other Items 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 proceed/ngs 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 Hutchinson.,.,.~_~.~,at .............. 561-737-3256. at least twenty-four hours prior to the program or activity in order for the CRA to reasonably x v. Future Agenda Items Any person who decides to appeal any decision of the Commuaity 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 disabihty an equal opportun/ty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas o,.o~_~.~,~Hutchins°n at ............. 561-737-3256. at least twenty-four hours prior to the program or activity in order for the CRA to reasonably xv. 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 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 EXHIBIT" C" Survey on Dance instruction/Dance studio Commercial Industrial Resort/Touri, m Community District District Facilities r r - - P _ _ _ p _ - ~ _ _ p P*, special _ P - p P ~d PCD S:XPIanning~SHARED\WPkPROJECTSkSouthem Dance Theatre\CDRV 03-005XSurve¥ Results.doc 7 Members - 4 Yr. terms COMMUN REDEVELOPMENT AGENCY - 2003 LAST NAME FIRST EXPZRES ADDRESS PROFESSIONAL NAME ASSOCIATXON DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23RD CRANBROOK DR Edward .1ones & Company BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101 ) (561) 737-0793 Boynton Beach, FL 33426 (561) 737-1442 Fax (561) 364-1536 Finkelstein Larry 1/10/05 LAMAR REALTY CORPORATION Lamar Realty Corporation 114 N FEDERAL HWY, STE 202 114 N Federal Hwy., Ste 202 BOYNTON BEACH 33435 Boynton Beach, FL 33435 (561) 736-9790 ~ Fax (561) 423-2432 Chair I Ifgi@aol.com Fisher Charles 6/20/04 8069 S-lqRRUP CAY COURT Image Solutions BOYNTON BEACH 33436 Boynton Beach, FL (561) 364-8717 c.m.fisherL~att.net Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM AVE) Sailfish Realty BOYNTON BEACH 33424 532 E Ocean Avenue ) (561) 731-4474 Boynton Beach, FL 33435 (561) 738-6613 Vice Chair Fax (561) 738-7911 jheavilin@msn.com Hoyland Michelle 1/10/04 926 SUNSET ROAD City of Delray Beach BOYNTON BEACH 33435 Planning & Zoning Dept. (561) 736-8668 100 NW 1~ Avenue Delray Beach, FL 33444 (561) 243-7040, Ext. 7047 Fax (561) 243-7221 mhoyland@delrayplanning.org Tillman Henderson 1/10/05 54 BENTVVATER CIA Spanish River High School BOYNTON BEACH 33426-7646 5100.log Road 6) Boca Raton, FL 33496 (561) 965-6776 (561) 241-2200, Ext. 2540 S:\CC\WP~BOARDS\LISTS\CRA Board.doc - bg - 12/09/2003 Neighboring Cities and County Regulations Dance Studios References / Permitted Uses Palm Beach County IL, Light Industrial District Dance Studio falls within the category of Fitness Center and is a specifically allowed permitted use. (Attachment A) Boca Raton M-I, M-2 Dance Studio falls within the category of Athletic training facilities and is a specifically' allowed permitted use. (Attachment B) Lake Worth LTI Low Traffic Generating Industrial Dance Studio falls within the category of Fitness Comt~ and is a specifically allowed permitt~ use under the title of Indoor commerdal recreation uses. (Attachment C) West Palm Beach Industrial Dance Studio is listed as a category and is a specifically allowed use in industrial zones, (Attachment D) EXHIBIT "B 1" Dance Instruction Municipality / Industrial Zoning Reference Boca Raton MI Light Industrial. Permitted uses: Athletics training facilities within enclosed budding. M2 General Industrial. Permitted uses: Any use permiti~ in M1 PIE) Planned Industr/al District. Permitt~ uses: Any use permit~d by underlying zoning district. Dance Academy of Boca Raton .1050 NW 1st Avenue Boca Raton. Zoning Districk MI, M2 .Management Compan~ Lewis Rental Properties Co-tenants include the following businesses: Upholstery., Glass Company, Signs, Inferior Design, Prinl~r. ' Dance Academy of Boca Raton has been operating in this location for 15+ years. According to Lewis Retail Properties there have been no issues involving safety or parking. The leasing contact noted that Dance Academy of Boca Raton operates later in the day when other businesses are either dosed or customer visits are lirrtit~l. Creative Dance Centre 1141 Holland Drive, #11 Boca Raton Zoning Districk MI, M2 Management Company: Lewis Rental Properties Co-inn,ants include the following businesses: Spa's, Fuel Injection, Water Filtration, Furniture finishing. 'Creative Dance Centre has been operating in this location for 6+ years. No issues · involving safety or parking. Operates later in the day. Twisters Gymnastics of Boca 3100 NW Boca Raton Blvd. - Boca Design Center ~~ ~llIC. t,tO~To~hOunsremAve. #~ B~Beoch, lrL. 33426 Artistic Direclor: Penni Greenly Southern Dance Theatre Community Profile Southern Dance Theatre, Inc. is a school dedicated to the education and artistic achievement of all students regardless of race, religion, or socio economic background. Located in Boynton Beach, the studio was founded in 1983. It has built a reputation as one of South Florida's leading establishments in dance. Offering a wide variety of dance to students ages 4 - adults, from beginning levels to pre-professional our diverse staff takes pride in building a student body of over 400. SOme students have pursued professional careers as dancers in major COmpanies, teachers, dance therapists, and studio owners. Southern Dance houses "The Dancers' Alchemy, Inc.", a not for profit organizati°n that raises funds for combined performing groups. The groups encompass students ages 4 - college as well as a .special population's ensemble. Collectively the dancer's and professionals involved put in over 225 hours a year in eomm~mity service. The venues include outreach and educational program.~ for the public and private schools, performances at Nursing and Assisted Living Fac'dities, annual benefits, such as, '~Fhe Love Affair" to aide famih'es who are afflicted with the Alzheirner's disease, and community based Expos, Festivals and Parades for the city of Boynton. The President, Penni Greenly has been instrumental in the development of dance programs in the Palm Beach School system on all levels of education including ExcePtional children and ESOL students. Special interest has been paid to promoting the awareness of the art forms of dance and music and their positive hnpact on the youth. The school is in its 3rd year of"Give back to the schools". A program implemented to take 10% of summer, dance lessons, inCOme and give it back in support of arts programs in participating schools in Boynton and surrounding COmmunities. A "Do your best and dance the rest" program was developed as a CO-op with area schools for students at risk of failing. Statistics showed 90% of the students involved pulled their grades up 2 letter scores. Southern dance theatre funds dance scholarships and school art programs with over $5,000.00 a year to aide students or curriculums in financial need. While Southern Dance Theatre is a school dedicated to.dance education, its reputation for 20 years has been that of integrity and excellence with a devoted COmmitment to the COmmuaity oung and old. Using dance as its tool, the business promotes the positive impact the arts have. wcasmg and sharing the talents of professionals and youths through performances, demonstrations, and instruction has allowed Southern Dance to become a respoeted name in the 'business world, as well as a leader in the entertainment, cultural, and educational circles. EXHIBIT "B" · 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the district .abuts any residential district. Response: The proposed use does not product any objectionable or offensive odors or fumes. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent, the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is locatc~d; or to contaminate any public waters or any groundwater. Response: The proposed use does not product any toxic or noxious mat~. 6. Fire and explosion hazards. No use shall be carried out in any zoning. district so as to create a fire or explosion hazard to adjacent or nearby property or fights-of-way, or any persons or property thereon~ Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances, Response: The proposed use does not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the Use is located. Artifidal lighting which is used to illuminate any property or use shall be direct~ away from any residential use Which is a conforming use according to these zoning, regulations, so as not to create a nuisance to Such residential uses. Response: The proposed use does not produce heat, humidity Or glare. No additional lighting is being proposed for the buildings and the site complies with the Qty approved site plan which required that lighting be directed away from any residential use. 8. Liquid waste. No use shah be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in October 17, 2003 EXHIBIT "B" Mr. Michael Rumpf Zoning Director City of Boynton Beach i00 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Dear Mr. Rumpf: This letter and accompanying documentation are concurrent requests for M-1 zoning code review and PID conditional use approval. Specifically requesting an amendment to M-i code to add dance instruction to the following: Chapt~.r 2.Zoning. SecQ'on 8. A. 1. d..(9). P,er~, iti~ ,uses./mi~e!lan.eou$ us-~ Item (9) Gymnastic centers, Dance Instruction For PID, conditional use approval r~lUest for Dance Instruction to operate in High Ridge Commerce Center, Phase I. Included with'this request are the following items which support the amendment: A · Letter from applicant highlighting community involvement Operational comparison between gymnastics centers and dance instruction Dance Instruction businesses currently operating in local industrial areas Neighboring dties regulations pertaining to industrial districts and uses allowed High Ridge COmmerce Center, Phase I site plan and other businesses operating or who plan to operate at this site ( ?/'~.,oe .~-,~7,,~) Performance standards addressed Southern Dance Theatre 140 N. Congress, Suite 8B Boynton Beach, FL 33426 OCT 2 2 2OO3 PLA[,,N L,"--'C AND ZONING L"E P'[ EXHIBIT "A" 624 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM · Offering professional and management development training--are classified in Industry 611430, Professional and Management 'Development.Tralnlng; · ' Offering registered nnrsing training with academic degrees (e.g,'aSsociate baccalaureate)- are claSsified in Industry 611210, Junior Colleges or Industry 611310, Colleges, Universities and Professional Schools; · Offering aviation and flight training--are Classified in U.S. Industry 611512, Flight Training; ' Offering cosmetologY and barber trainingware claSsified in U.S. Industry 6 ! 1511, Cosme- tologY and Barber Schools; · Offering academic courses that may also offer technical and trade courses--are claSsified acceding to the type of school; and · Offering apprenticeship training'programs--are claSsified in U.S. Indusfry 611513, Appren- ticeship Training~ ' 6116 Other.Schools and [nstruclion This industry grOup comprises establishments primarily engaged in~ offering or providing instruc- tion (except academic schoOls, colleges, and universities; and business, computer, management, technical, or trade.instruction). 61161 Fine Arts Schools See industry description for 611610 below. --~ 611610 Fine Arts SchOols This industry compriSes establishments primarily engaged in offering instructiOn in the .arts, including dance, art, drama, and music. Illustrative Examples: An (except commercial and graphic) instruction Dance instruction Dance studios Drama schools (except academic) Fine aris schools (except academic) Music instruction (e.g., piano, guitar) Music schOOls (except academic) Performing arts schools (except academic) Photography schools (except commercial photography). Cross-References. · Establishments offering high school diplomas or academic degrees (i.e., even if they specialize in fine arts) are classified elsewhere in this subsector according to the type of · school; and · Establishments primarily engaged in offering courses in commercial and graphic arts and commercial photography are classified in U.S. Industry 611519, Other Technical and Trade Schools. UStUnited States industry only. CANtUnited States and Canadian industries are comparable. When neither US nor CAN appears, Canadian; Mexican, and. United States industries are comparable. http:l/www, ntla,gov/nalcs Page 3 CDRV 03-005 three hundred (300) square feet of gross floor area. Parking space requirements may be computed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. Section ll.16(f) requires one (1) parking space per five hundred (500) square .feet of gross floor area for industrial, research and development, trades uses, and one (1)parking space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. The general intent and purpose of the M~I zoning district is to provide adequate space for more intense commercial and industrial uses. Staff has acknowledged that over time buildings that were designed and approved for less intensive uses to minimize parking obligations, are often subsequently converted to more intense uses that generate an increase in off-street parking demands. The minimum lot size for any property in an M-l, Industrial district to be developed is 10,000 square feet. In contrast, the minimum lot sizes within the C-2 and C-3 zoning districts are 5,000 square feet and 15,000 square feet, respectively, and these zoning districts generate more activity and traffic, and consequently, require. more parking spaces to meet the intent and purpose of the zoning districts. If the proposed use (dance studio) were to be permitted in the M-1 district, with a minimum lot area of 10,000 square feet and maximum lot coverage of 60%, and based on one (1) parking space per three hundred (300) square feet of gross floor area, the parking requirement would be 20 spaces. However, using this same scenario for industrial and warehouse uses, the parking requirement would be 12 spaces and 7.5 spaces, respectively, based on one (1) space per five hundred square feet and one (1) space per eight hundred (800) square feet of gross floor area. Therefore, allowing the proposed use in the M-1 zoning district would intensify and be in contrast to the characteristics and performance of the M-1 zoning district. Also, the use of an undersized building for recreational purposes, with a higher parking requirement, could increase the need for code variances if existing sites cannot be retrofitted for the greater standards. Generating need for variances requests Lastly, the city, aside from the PID (Planned Industrial District), has only one industrial zoning district, containing a variety of uses. Although the city prohibits heavy industrial uses such as the manufacturing/processing of cement, fertilizers and asbestos or paints, all industrial uses are consolidated into the single, M-1 zoning district, which includes uses involving processes or chemicals with distant separation requirements (from residential areas). In contrast, other jurisdictions that have two (2) or more different industrial zones, which vary in intensity, could accommodate certain uses within the lowest intensity districts without jeopardizing compatibility and safety. In Boynton Beach, the subject use could bring children/youth in close proximity to moderately intense industrial uses and their respective characteristics (e.g. track traffic, chemicals, other hazards, etc.). Competition with industrial land If a need for the subject use is substantiated, and if the typical industrial buildings do offer the ideal environment/structure for the training needs or characteristics, then one option could be to allow them conditionally, and with additional restrictions such as distance separations from selected uses or prohibiting them from multiple use buildings. However, depending on the restrictions placed on such uses, the affect may be to reduce the location oppommities of certain industrial uses and represent an PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA All Brite Car Wash Mr. Don Arpin, P.E. 4920 North Dixie Highway Fort Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request approval of a Community Design Plan Appeal overhead bay door / tunnel to face South Federal Highway LOCATION OF PROPERTY: 2015 South Federal Highway (see Exhibit "A"- Location Map) DRAWING(S,): SEE EXHIBIT "A and B" ATTACHED HERETO. to allow an 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 Board, which Board 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 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Planning~SHARED\WP\PROJECTS~JI Bdte Car Wash\CDPA 03-001 \[ City Clerk COA 11/24/03 2 DEPARTMENTS INCLUDE REJECT 1. The accompanying request for major site plan modification (MSPM 03-009) proposes to eliminate the pervious area that currently exists in front of the building canopy and replace it with an impervious surface for vehicle stacking areas. Staff recommends preserving this pervious area in its current condition and installing additional landscape material (trees and shrubs) to enhance the overall appearance of the site. The species and quantity of plant material would be subject to review and approval of the Planning & Zomg Division at the time of penuitting. 2. Staff recommends installing a cluster of Areca palm trees in the landscape island proposed in front of the exit of the carwash tunnel. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 3. None ADDITIONAL CITY COMMISSION COMMENTS: Comments: 4. To be determined. MWP./elj S:\Planning\SHARED\WP\PROJECTSV~II Bdte Car Wash\CDPA 03-001\COA. doc 7 5.' Memorandum No. PZ03-285 All Brite Car Wash CDPA 03-001 conditions (see Exhibit "C" - Conditions of Approval). Any conditions recommended by the Board or City Commission shall be included in Exhibit "C" Conditions of Approval. S:\Plannlng\SHARED\WP\PRO.]ECTS~AII Brite Car Wash\CDPA 03-001\Staff Report.doc TO: THRU: FROM: DATE: SUBJECT: DEVELOPIq ENT DEPARTt4 ENT MEMORANDUM NO. PZ 03-285 STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf$~/ Planning & Zoning Director Eric Lee Johnson, AICP Planner November 21, 2003 All Brite Car Wash - CDPA 03-001 Appeal of Chapter 9 - Community Design Plan (Overhead Door) NATURE OF REQUEST Mr. Don Arpin, P.E., agent for the owner is requesting approval of a Community Design Plan Appeal to allow an overhead bay door (car wash tunnel) to face South Federal Highway (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a request for major site plan modification (MSPM 03-009). BACKGROUND The applicant proposes to build a 1,397 square foot addition to an existing building on a 0.79-acre parcel in the C-3 zoning district. Arby's Restaurant and more recently, Blu's Original Bar-B-Que Restaurant, previously occupied the existing building. A car wash is a permitted use in the C-3 zoning district. However, according to Chapter 9 - Community Design Plan of the City's Land Development Regulations, Federal Highway is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, this major roadway within the City is subject to higher standards related to building appearance. In this scenario, the car wash's"tunnel" would have the same effect as an overhead bay door facing a major right-of-way, which is not in keeping with the Community Design Plan. ANALYSTS This subject property is located at 2015 South Federal Highway, which is located on the west side of Federal Highway, generally north of Southeast 23rd Avenue and south of Woolbright Road. The restriction of not allowing the bay doors to face South Federal Highway is predicated on the concept that the roadway is very visible and that the tunnel is unsightly. South Federal Highway, as well as the other roadways listed in Chapter 9, Section 11..1. of the Land Development RegulaUons, are considered entrances into the City. Buildings located on these roadways should be held to a higher level of architectural standards. The neighboring properties on the east and west sides of South Federal Highway are either zoned High Density Residential (HDR) or Community Commercial (C-3). A/? Sonny's Enterprises, a company based at 5605 Hiatus Road in Tamarac, Broward County, would provide the applicant with the car wash machinery and internal structure. According to the applicant, Sonny's Enterprises asserts that the proposed dimensions of the subiect tunnel as shown on the floor plan would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPlanningkPlanning Templates\Condition of Approval/City Library Expansion HTEX 03-007.doc SAPlanning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc EXHIBIT "B" i 11ff ~ '" I'"' Page 3 Memorandum No. PZ 03-289 RECOM r4EN DAT~ON Based on the analysis contained herein, staff= recommends that this request for a height exception ol= approximately nine (9) feet be approved for the decorative entry (Atrium Tower). No conditions of approval are recommended; however, any conditions of approval recommended by the CRA or required by the City Commission will be placed in Exhibit "C"- Conditions of Approval. S:~Planning\Share~Wp~rojects\City Llbrary~HTEX 03-O07~Staff Report.doc TO: TH RU: FROM: DATE: PRO.1ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-289 Chairman and Members Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Ed Breese Principal Planner December 2, 2003 City Library / HTEX 03-007 Height Exception Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO.1ECT DESCR]:P'I'J:ON City of Boynton Beach Ms. Virginia Farace, Library Director Ms. Choli Lightfoot, Schenekel Schultz Architecture 208 South Seacrest Boulevard (see Exhibit "A"- Location Map) Public & Private Governmental/Institutional (PPGI) / Public Use (PU) No change proposed A 35,166 square foot expansion of the existing 27,698 square foot City Library. 214,413 square feet (4.92 acres) The City's Civic Center, then farther north right-of-way for Ocean Avenue; Right-of-way for SE 2® Avenue, then farther south a mix of developed residenUal structures with a Medium Density Residential (MEDR) land use designation, zoned Duplex (R-2); The City's Arts Center, then farther east the City's Senior Center; and Right-of-way for Seacreast Boulevard, then farther west a mix of developed residential structures with a High Density Residential (HDR) land use designation, zoned Multi Family (R-3). '2-57 / V' SHARED PARKING ANALYSIS EXHIBIT "D" The parking inventory and the preliminary parking analysis for the library expansion submitted to P&Z for the subject site plan was based on the premise that the four uses, the library, the Civic Center, the Art Center and the Madsen Center, have been and will continue sharing total parking resources. Both the proximity of the parking lots for the said uses and the established practice support this premise. However, it is clear that if the standard use-based parking ratios are applied, a significant deficiency results both in terms of current and proposed number of spaces. The total requirement (defined as above) calls for 378 total parking spaces: the current inventory shows 262 existing spaces which would be reduced to 253 spaces by the proposed expansion. Alternatively, the Code allows for the calculation of the parking requirements for two or more uses based on sharing of parking resources, if justified by the analysis of the actual parking demand patterns exhibited by each use (chapter 2, Sec. 11H13). Such analysis is based on the Urban Land Institute shared parking model; it must show that the joint parking allocation is feasible and acceptable given the different days and/or hours of the peak parking demand for different uses. Ultimately, the decision regarding approval of shared parking rests with the City Commission. Staff has performed the shared parking analysis, using the parking demand surveys submitted for the uses. The accumulated peak day/peak hour parking utilization was determined to be 202 spaces. Since the Code mandates a minimum buffer of 10%, the requirement would be 223 spaces. The number of proposed spaces is 253, providing an additional buffer of 30 spaces. The total surplus of 51 spaces (30 spaces and a 10% buffer) may, to some extent, accommodate the following: · the seasonal variation (which is uncertain), · spillovers fi.om the city's parking lots located north of the study area (the analysis was performed without accounting for the utilization patterns of these lots), · special events, and · the planned expansion of the Art Center (additional 6,002 sq ft). The expansion of the Art Center will likely necessitate construction of additional parking on the lot located east of the Civic Center. G:kLibrary parkingkLibrary parking memo.doc COA 12/03/03 6 DEPARTMENTS INCLUDE REJECT 44. The topographical surveys shows that two (2) condominium buildings are within the subject property's boundary lines. At the time of permitting, resubmit a survey that shows all corrected and verified property boundaries. A note on the current Sawyer's Addition to the Town of Boynton Beach plat indicates that Southeast 1st Avenue (Jessamine Street) was abandoned per O.R.B. 4127, page 1639. This should be shown on the site plan (sheet A002). 45. The parking summary in the site plan tabular data (sheet A002) should be corrected to indicate that 118 parking spaces, not 117 spaces would be required for the library expansion. Also, the entire project's total required parking spaces should indicate 378 spaces, rather than 377 spaces. 46. The Community Redevelopment Agency Board and City Commission must approve the shared parking analysis. 47. The Palm Beach County Traffic Division must approve a traffic impact statement prior to the issuance of a building permit (Chapter 4. Section 8.F.). 48. On the landscape plan, indicate the quantifies of each proposed plant species. On the landscape plan plant list, ensure that the plant quantities match between the tabular data and the graphic illustration. 49. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Chapter 7.5, Axticle 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 50. Prior to the issuance of a building permit, staff would ensure that the proposed plant material would effectively screen / buffer the vehicular use areas and thereby meet the intent of Chapter 7.5, Article II, Section 5.D. of the Land Development Regulations. This screening should also embrace the concepts of Crime Prevention through Environmental Design. The City Forester / Environmentalist will oversee this process. 51. One (1) tree is required for every 30 linear feet along Seacreast Boulevard and Ocean Avenue (Chapter 7.5, Article II, Section 5.D.). At the time of permitting, staff will ensure that this requirement has been met. 52. The west elevations (sheet A005) should show the proposed "chiller" area. 53. Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section 5.P). On the landscape plan (sheet L10D. COA 12/03/03 4 DEPARTMENTS INCLUDE REJECT 27. Prior to Fire Department approval of a building permit, new construction projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. 28. Provide scale for drawing C2. 29. State whether the hydrant shown on drawing C2 is existing or proposed. 30. Design documents where underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 31. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire sprinkler systems throughout the all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly; and all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None BUILDING DIVISION Comments: 32. The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 33. General area modifications to buildings shall be in accordance with 2001 FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. 34. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of p.ermit apphcation. Hz' -t / P 35. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the vlans for the buildin~ de.qitm. COA 12/03/03 2 DEPARTMENTS INCLUDE REJECT 9. Show all existing utilities on site development plan (LDR, Chapter 4, Section 7.A.3). Please note it is your responsibility to locate utilities during the design, not the contractor's. 10. Show proposed site lighting on the Site and Landscape plans (Chapter 4, Section 7.B.4.). 11. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. Indicate by note that catch basin and manhole covers shall be bicycle proof (LDR, Chapter 6, Article IV, Section 5.A.2.g). 13. Provide additional elevations for existing features adjacent to the west side of the Civic Center. 14. Indicate overflow point for system/site for drainage. 15. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 16. Paving, drainage and site details 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 the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 17. All utility easements shall be shown on the site plan and landscaping drawings (as well as the Water and Sewer Plan Sheet) so that we may determine which appurtenances, trees or shrubbery 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 ri~ts-of-way. 18. Palm Beach County Health Department peri-nits will be required for the water and sewer systems serving this project (CODE, Section 26-12). EXHIBIT "B'" s ~. ~ ~ _. - =---- .. e ~[ ..... ~ [ ~ - -~_ :::::::::::::::::::::::::::::: ~ .......... i !- - ........... I ¢ 1 ~ I! 587 /FIll EXHIBIT "B" l t l li~l:il: EXHIBIT "B" EXHIBIT "B" F_^FI I I~II I D II.' :: !'lill!i ii !l i!: ~ Il: lh"i:l:,l' i~ I i i p ' '1 m EXHIBIT "B" { 1'! }i I l ijj { ! ,,.___ EXHIBIT "B" l!jJ"" li] J ;'ill'iii BOUNDARY SURVEY FOR THE CITY Of BOYNTON BEACH ADAIR ~, BRAOY, INC,. EXHIBIT "B" -il [ l!llliflll,ql!,," ! ' I ~ :1: I o - '1 I I !il I , I I 'I u ~ BOUNDARY SURVEY FOR THE CITY OF BDYNTON BEACH ADAIR ~ BRADY', INI3. I in. = 200.0 feet SW. 4~H. SE. 4TH AVE SE. 4TH:AV~ Location Map City of Boynton Beach Li_br~ry EXHIBIT "a" Staff Report - City Library Expansion (MSPM 03-011 ) Memorandum No PZ 03-290 Page 5 Building and Site: existing Banyan trees. The landscape plan (L101) illustrates the canopy of these trees by showing them as dashed circular lines. The north buffer would also contain Croton, Variegated Dwarf Schefflera, and Wax Jasmine. At the time of permitting, any deficiencies with the plan, including the proposed number of trees and shrubs along the rights-of-way would be reviewed again to ensure compliance with the code's intent to screen and soften vehicular use areas (i.e. parking lots, drive aisles) from the roadways. Again, the landscape plan shows compliance with the code's intent by showing the Typical Parking Area Planting Detail (see Exhibit "C'- Conditions of Approval). The interior planting areas around the building would be similar to the plant material proposed throughout the plan. The proposed shrubs and groundcover would include but not be limited to the following species: Crinum Lily, Green Buttonwood, Redtip Cocoplum, Croton, Thryallis, Gardenia, Dwarf Firebush, Hibiscus, Ixora Nora Grant, Plumbago, Dwarf Wild Coffee, Red Cloak, Philodendron, Viburnum, Dwarf Variegated Ginger, Crown of Thorns, Dwarf Yaupon, and Wax Jasmine. The plant list does not indicate the proposed plant quantities thereby prevenUng confirmation that 50% of the proposed plant material would be native. Therefore, at the time of permitting, a revised landscape plan plant list is required to ensure compliance with Chapter 7.5, Article I:[, Section 5.P. of the Land Development Regulations. The plans should provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs, and groundcovers to ensure compliance with this code requirement. Staff recommends using an asterisk to identify the native plant material (see Exhibit"C" - Conditions of Approval). According to the landscape plan, there are 10 "invasive or poor quality" trees that are to be removed as a result of this expansion. These trees would include a Woman's Tongue, a Royal Palm, an Avocado, a Schefflera, a Frangipani, two (2) Banyans, and three (3) Mahogany trees. There are nine (9) trees that would be relocated on-site. Additionally, seven (7) Queen and one (1) Royal palm trees would be relocated off-site. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The existing library building is 27,698 square feet. The proposed two (2)-story addition would be 35,166 square feet for a total of 62,864 square feet. The site would have a new outdoor garden area as proposed on the west side of the building facing Seacrest Boulevard. The site plan also shows that a "chiller area" is proposed on the west side of the building. However, hedges would screen this mechanical equipment area. A porte-cochere is proposed on the east side of the building addition, near the front doom. The floor plan (sheet A003) shows that the proposed addition would be 103 feet - three (3) inches in length by 126 feet - four (4) inches in depth. The first floor plan also shows that the expansion would have separate rooms, such as for adult fiction, program room, community area, and a lobby area. Floor plan sheet A004 shows that the entire second floor would be dedicated to non-fiction reference. However, these floor plans are conceptual and are subject to change. Staff Report - City Library Expansion (MSPM 03-011 ) Memorandum No PZ 03-290 Page 3 School: Driveways: Parking Facility: School concurrency is not required for this type of project, The site plan (sheet A002) shows two (2) existing points of access. One (1) point of ingress / egress is located via Southeast 1~t Avenue. A note on the current Sawyers Addition to the Town of Boynton Beach plat indicates that Southeast 1~t Avenue (.lessamine Street) was abandoned per O.R.B. 4127, page 1639. This note should be shown as a note on the site plan (see Exhibit "C" - Conditions of Approval). The other existing point of ingress / egress is from Southeast 2nd Avenue. The existing driveway along Seacrest Boulevard would be relocated farther north approximately 96 feet south of East Ocean Avenue. The location of the driveway opening would require the approval of a variance because it is less than the 120 feet required by code (see Exhibit "C" - Conditions of Approval). The driveway opening, as proposed, would allow for both vehicular ingress and egress to the proposed parking lot. Two (2) new parking lots are proposed as a result of this proposed library expansion. The site plan (sheet A002) shows that one (1) new parking lot is proposed directly north of the building addition and the other new lot is proposed due east of the addition. The proposed lot to the north would connect to the porte- cochere of the Civic Center. Staff endorses this"connectivity"design characteristic. Although no typical drawing was provided, the 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length. All existing and proposed parking stalls, including the size and location of the handicap space were reviewed and approved by both the Engineering Division and Building Division. The new parking areas to the north and east would provide 76 spaces. The survey does not show the existing spaces so it is unclear the number of spaces to be eliminated. However, this project is considered to be an expansion of the library, which resides in a "municipal complex". This municipal complex concept is very criUcal to the project and is discussed in the Shared Parking Analysis paragraph below. According to the Land Development Regulations, required parking for a library would be based on the ratio of one (1) parking space per 300 square feet of gross floor area. However, based on the ratio, a total of 118 parking spaces would be required for the just the library use. ];t is difficult to assign existing parking areas for each use (i.e. Library, Civic Center, Art Center) since there is a free-flow of vehicular traffic movements between parking areas within the campus-like setting. Therefore, determining the deficiency of parking for the library itself is not straight foward. As indicated in the site plan tabular data, the Civic Center would require 98 parking spaces, the Art Center would require 60 spaces, and the Madsen Recreation Center would require 10 spaces. In all, the municipal complex with the existing and proposed library expansion requires a total of 378 parking spaces (see Exhibit"C"- Conditions of Approval). The site plan tabular data also indicates that a proposed second floor addition to the Art Center would require an additional 61 spaces. This addition is not a component of this major site plan modificaUon or Shared Parking Analysis. The future Art Center second floor addition would require separate review and approval. TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-290 STAFF REPORT Chairman and Members Community Redevelopment Agency Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner December 3, 2003 City Ubrary/MSPM 03-011 Major Site Plan Modification PRO3ECT DESCRIPTION Property Owner: AppliCant: City of Boynton Beach Ms, Virginia Farace, Library Director Agent: Ms. Choli R. Ughtfoot with Schenkel Shultz Architecture Location: 208 South Seacrest Boulevard (see Exhibit"A'- Location Map) Existing Land Use/Zoning: Public & Private Governmental / Institutional (PPGI) / Public Use (PU) Proposed Land Use/Zoning: No change Proposed Use: Request for major site plan modification approval to construct a 35,166 square foot addition to the existing 27,698 square foot City Library building, increasing the total area. to 62,864 square feet on a 4.92-acre parcel in the PU zoning district Acreage: 4.92 acres (214,413 square feet) Adjacent Uses: North: The City of Boynton Beach Civic Center, then farther north is the right-of-way for Ocean Avenue; South: Right-of-way for Southeast 2nd Avenue, then farther south is a mix of developed single-family homes with a Medium Density Residential (MEDR) land use designation, zoned MulU-family Residential (R-2); COA 11/25/03 4 DEPARTMENTS RqCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 24. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 25. To be determined. ELJ S:~Planning~SHARED\WP~PROJECTS~II Brite Car Wash~/ISPM 03-009\COA.doc COA 11~5m3 2 DEPARTMENTS INCLUDE REJECT minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 6. At time of permit review, submit signed and sealed working drawings of the proposed construction. 7. A permit from the EPA shall be required prior to submittal of plans for building permit application. Contact the Department at 561-6810-6600. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 8. Approval of this project is contingent upon the accompanying request for Community Dcsisn Plan Appeal (CDPA 03-001). 9. On the site plan, identify the Future Land Use designation as Local Retail Commercial (LRC) for the subject property. 10. The site plan tabular data should indicate the number of required and provided off-street parking spaces. The car wash use requires four (4) parking spaces and the restaurant use requires nine (9) parking spaces for a total of 13 parking spaces. 11. The site plan tabular data should indicate the number of existing parking spaces that are to be eliminated as a result of the project. 12. Prior to the issuance of a building permit, the Palm Beach County Traffic Division must approve the project for a car wash and a 901 square foot fast- food restaurant, q 7"~, "7 ~/2;,L,J._ 13. All landscape buffers are required to be at least seven (7) feet in width (Chapter 7.5, Article II, Section 5.D.). Prior to the issuance of a building permit, on the landscape plan, label the width of the buffers to ensure compliance with this requirement. CO° C~0 ~-0o f-L~o ~0 ~O O0 ~O ~0 ~0 ~0 ~0 ~0 ~o ~o ~o ~o ~o ~a NO ~ORK IN ROw EXHIBIT "B" EXHIBIT Z · Staff Report - All Brite Car Wash (MSPM 03-009) Memorandum No PZ 03-282 Page 6 indicates that the sign would be made of "aluminum over angle aluminum frame", prime coat and finish with polyurethane white". The sign itself would be 17 feet in length and two (2) feet in height for a total of 34 square feet in area. The second wall sign, which would be subordinate, would be made of the same material. It would be dimensioned 10 feet in length and two (2) feet in height for a total of 20 square feet in area. Collectively, these wall signs would comply with the area limitations as set forth in Chapter 21, Article IV, Section 2.C of the Land Development Regulations. However, no letter color(s) are indicated on the elevations. Signs, in general, shall be designed and treated as part of the architecture of the building. They are formally evaluated during the site plan review process. Therefore, staff recommends that the color(s) of the letters proposed on the wall signs be the same color(s)of the letters proposed on the freestanding monument sign (see Exhibit "C" - Conditions of Approval). The site plan shows that one (1) freestanding monument sign is proposed in front of the existing building, 10 feet away from the east property line. The ledger size plans, produced by Ferdn Signs (attached to the site plan set), shows that the monument sign would be eight (8) feet in width and 12 feet tall. On November 18, 2003, the City Commission voted to reduce the maximum allowable height of freestanding signs from 20 feet to 8 feet. Since this code amendment has not been finalized via the approval of an ordinance, staff recommends reducing the height of the freestanding monument sign from 12 feet to eight (8) feet. Also, the sign's letter colors should be one (1) color or if multicolored, limited to red, blue, black, and white. This would be consistent with Chapter 9, Section 10.I. of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). RECOMHENDA'I/ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval and is recommending approval conUngent upon approval of the accompanying request for Community Design Plan Appeal I[CDPA 03-001) and satisfying all comments indicated in Exhibit"C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS~AII Bdte Car Wash\MSPM 03-009\Staff Report. doc Staff Report - All Brite Car Wash (MSPM 03-009) Memorandum No PZ 03-282 Page 4 Building and Site: Coontie would be planted at the base of the trees within this buffer. The rear (west) landscape buffer would have three (3) Green Buttonwood trees and two (2) Sabal palm trees. These trees need to be spaced no wider than one (1) tree per every 30 linear feet (see Exhibit "C" - Conditions of Approval). No buffer wall would be required along the west property line because an unplatted right-of-way (paved access) separates the subject property from residential-zoned properties (to the west). Since this is the case, staff recommends that the tree spacing along this west landscape buffer be intensified to one (1) tree per 20 linear feet. The landscape plan shows that the existing Ficus hedge would remain in its current condition (along the perimeter of the property). The City Forester / Environmentalist reviewed this aspect of the plan and determined that it would comply with landscape requirements. The north landscape buffer contains one (1) large Oak tree. This tree would be preserved. The north buffer would also contain four (4) Sabal palm trees. However, a total of seven (7) trees are required within this buffer, so therefore, two (2) more trees need to be added. This can be accomplished during permitting (see Exhibit "C" - Conditions of Approval). The proposed signature trees (Purple Glory trees) would be located on each side of all project driveway openings. Other "shrubs and groundcover" would include the following: Lily Turf, American Beauty, ]:nkberry, and Hibiscus. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. A vacant building sits in the middle of the site. The project intent is to build an automatic car wash tunnel to the existing building. :In doing so, the applicant would have to eliminate the trelliswork that is currently located on the north side of the building. Also, parking spaces would be eliminated to accommodate drive aisles and car detailing areas. The floor plan shows that the building would be separated into different rooms, such as an office (77.6 square feet), a waiUng room (1,035 square feet), an equipment room (60,t square feet), restrooms (251.5 square feet), and a space for a small restaurant (901 square feet). The structure of the building would remain intact except for the 1,397 Square foot car wash tunnel. The tunnel would be 21 feet wide and 66 feet in depth. The building would remain as a one (1)-story structure. The maximum height allowed in the C-3 zoning district is 45 feet. The elevations show the existing building is slightly over 19 feet in height. Staff evaluated the site for a car wash with its ancillary restaurant. The proposed parking lot configuration, drive aisles, driveway openings, vehicle queuing areas, pedestrian / handicap accessibility routes, and car detailing areas appear adequate and safe as proposed. The plan shows that three (3) tents are also proposed. According to the applicant, the tents would provide for additional services, such as vacuuming and detailing areas. Originally, one (1) of the detail tents were proposed near the exit of the car wash tunnel, which would have been clearly visible from South Federal Highway. Staff did not endorse the design. However, after careful consideration, the applicant agreed to locate the detail tent areas as far away as possible from South Federal Highway. Staff Report - All Brite Car Wash (MSPM 03-009) Memorandum No PZ 03-282 Page 2 East: West: Site Characteristic: Proposal: Concurrency: Traffic: Drainage: Right-of-way for South Federal Highway, then farther east is developed residential (Seagate of Gulfstream Condos) with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3); and Developed residential property with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3). According to the survey, the subject site was previously developed with a one (1)- story commercial restaurant (Arby's) and its parking areas. At this time, the Arby's Restaurant is no longer active and the building is currently unoccupied. The applicant wants to build a car wash tunnel to the existing structure and occupy the unoccupied restaurant. The subject site is unplatted and is nestled between four rights-of-way (South Federal Highway, Southeast 20~h Court, Southeast 21st Avenue, and an unnamed, unplatted paved access road). This paved access road runs along the rear (west) of the Int. The survey also shows that there are currently three (3) points of ingress / egress. Two (2) driveway entrances exist along Federal Highway while the third is located on Southeast 21st Avenue. The lot is approximately 8,700 square feet short of an acre in area. According to public documents, the property was purchased by the subject owner in March of 2003. Mr. Don Arpin, agent for the owner is requesting a major site plan modification to construct a 1,397 square foot addition to an existing building on a 0.79-acre parcel in the C-3 zoning district. Approval of this major site plan modification shall also be subject to the accompanying request for a Community Design Plan Appeal (CDPA 03-001). According to Occupational License records (which may be incomplete), the earliest occupational license was issued in .lune of 1995. It appeared that Arby's stayed in business until 1998. In April of 1998, the City issued an occupational license for Blu's Original Bar-B-Que Restaurant. This business did not renew their license the following year. Apparently, the site has been vacant since 1999. A traMc statement was sent to the Palm Beach County TraMc Division for concurrency review in order to ensure an adequate level of service. The TraMc Division reviewed and approved the site for a 4,150 square foot car wash and a 750 square foot restaurant with a build out year of 2004. However, the site plan shows that the restaurant portion of the structure would be 901 square feet, or 151 square feet larger than what the Traffic Division approved. Therefore, prior to the issuance of any building permits, the Palm Beach County TraMc Division must review and approve a revised traffic impact statement that indicates the accurate uses and intensiUes (see Exhibit "C'- ~,~,~2ditions of Approval). Conceptual drainage information was provided for the City's review, lhe Engineering Division ha~ f~und the conceptual information to be adequate and is EXHIBIT "A" CITY OF BOYNTON BEACH URBAN CENTRAL BUSINESS DISTRICT NE ./ n, oo Page 2 File Number: CPTA 04-001 Urban CBD subsequently adopt the ordinance designation by an amendment to the local government comprehensive plan at the next opportunity for amendment." On September 16, 2003 the City Commission passed, on first reading, a proposed ordinance establishing an Urban Central Business District (UCBD) for the downtown of the City of Boynton Beach. Pursuant to the requirements of Rule 28-24.014(10)(a), FAC, the proposed ordinance was reviewed by the Florida Department of Community Affairs (DCA) for sufficiency prior to final adoption by the City Commission. :In addition, the Rule requires the City to "subsequently adopt the UCBD ordinance by an amendment to the Comprehensive Plan at the next opportunity for amendment." The proposed amendment will add one objective and three policies to the existing Future Land Use Element and include a location map with the text. All text amendments to the Comprehensive Plan are considered "Large-Scale" and therefore are limited to adoption in only two cycles annually. This proposed amendment is a part of the first amendment cycle for the 2004 calendar year. Following approval by the City Commission, the amendment will be transmitted to DCA for review. Final adoption by the City is tentatively scheduled for May 2004. PROPOSED TEXT (with proposed changes shown in underlined text) Objective ~..23 As a hart of Urban [nfill and redevelonment stratepies, hiaher densities and intensities will be encouraQed in the Urbpn Cpre. Pursuant to Rule 28-24.014¢1), F. A. C., the Urban Central Busine;; District, as denicted on the Future Land Use Man, is hereby established to increase the develonment of regional imnact puidelines and standards. These increased thresholds shall annlv only to those develonments a_n_nroved after the effective date pf th~ imnlementin0 ordinance (Ordinance 03-039). Policy 1.23.1 For residential, hotel, office or retail developments, the applicable guidelin~ and standards shall increase by 50 percent. Policy 1.23.2 The applicable multi-use guidelines and standards shall increase by 100%, provided that one land use of the multi-use development is residential, and that residential development amounts to not less than 35 percent of the city:~ applicable residential threshold. Policy 1.23.3 ]:f any portion of a proposed development is located outside the delineated Urban Central Business District, the increased guidelines and standards of Rule 28-24.014(10), F. A. C., shall not apply. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Boynton Delray Academy APPLICANT'S AGENT: Mr. Marry Madura with Advanced Modular Structures, Incorporated APPLICANT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Abandon a five (5)-foot wide alley between the north and south parcels The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue 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: 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. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy~,BAN~DO.do¢ City Clerk EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: ABAN 03-012 Application received October 15, 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic · Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING 1. Approval of this abandonment request is contingent upon the approval of Bellsouth and the Florida Public Utilities Company. EXHIBIT "B" SKETCHOFLEC, AL P.O.B.POINT OF BE:GINNING R/W RIGHT--OF-WAYZ ( =Y 50 ) .6_ N.E. _11th _AVENUE (20' R/W) __ ~'~ ~ / S.E. CORNER ? ,/ POmlON 0¢' mE: ~-', FEAST ~00' ~ ~ ~ ~"' ~.,~ '.' I /BLOCK "B" ~. I MEEKS AND ANDREWS ADDITION ,, ~o ~ , TO BOYNTON BLOCK "B" P 0 B (P.B. 5, PG. 84.) WEST lle.50 I EAST 116.90 ~ .... ! ._'--_-- 'l,'/////,~////////////,,,,,,//,,///////J ASSU.ED BF..ARINeZ / 5' R/~ [ I [ I WEST 116.4.9' // eASlS I PER _1 ! J I I ~1. PLAT UMIT~--J (P.B. 5, Pg. 84) PROPOSED J '~ 5' VACATION-I (P.B. 1, Pg. 12,% P.B.C.R.) CERTIFICATE: SURVEYOR'S NO~: 2, 'D#$ ~UR'9~I' ~ NOT VALID MTHOUT THE SURVEYOR"S SIGNA~IJRE I HEREBY C~5~TIFY THAT THE ATTACHED SKETCH OF LEGAL OF THE ..A.B~II~ PROPER_TY J,S TRUE AND CORRECT TO 1HE BEST ,,~ K._?~y,/,.,~F,,? ~,,,~ u,0,~ ,, ..E0~0.. 0F t f // /.¢ // ' 10-14-0,3 PAUL A. DAVIS - ' P.LS. ~,4531 STATE OF FLORIDA. DAVIS & PURMORT, INC. LB #O007219 . Land SurveTors. Land Developmen[ Consu/tants · Planners 84~ $0UT1-1~4~ 8th AVENUE-- DEERF'IEL.D BE. ACH, FL ..33441 Phone:. (954.) 4,21--9101 &: (954) 698--9101 f~x: (954.)698--9722 Subdivisions ~ Condominiums Land ,~: ~it~ Planning SCALE: I" = 50' DRAWN BY: N.LR. DA 7'E: 10-14.--05 JOB NO: 0,.3-1197 F.e./P~. N/A SHEET NO. 2 OF 2 Page 2 Memorandum No. PZ 03-288 ABAN 03-012 The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of its sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site improvements. As proposed, improvement of the lots would require the successful abandonment of the alley that dissects the middle of the property in an east / west direction. ANALYSZ~ When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be affected by the abandonment. This is because the right-of-way is divided in half; each half conveyed to the abutting property owners. Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the alley to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. In this case, the Boynton Delray Academy is the sole property owner of both lots (north and south) that abut the subject alley. Obviously then, the City has not received any letters of objection from the abutting owners. However, a summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection Approval with Approval) conditions (see Exhibit "C" - Conditions of PUBLIC UTILITY COMPANIES Florida Power and Light - Bell South - Florida Public Utilities Company - Cable Company (Adelphia) - No objection No response (see Exhibit "C"- Conditions of Approval) No response (see Exhibit "C"- Conditions of Approval) No objection The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment. No utilities have been found within this right-of-way. However, any issues that arise in the future would typically be addressed during the time of platting. As of the date of this report, no response has been received yet from Bell South or the Florida Public Utilities Company. RECOMMENDA'r~ON Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of public necessity as determined by staff, contingent upon satisfying all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit "C" - Conditions of Approval. ~ ~ ~-7 ~/J xc: Central File S:\Plannlng\SHARED\WFAPROJECTS~Boynton Delray Acaderny~ABAN\Staff Report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Boynton Delray Academy APPLICANT'S AGENT: AGENT'S ADDRESS: Mr. Marty Madura with Advanced Modular Structures, Incorporated 1911 Northwest 15~h Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval to construct a 8,640 square foot modular building for a charter school a 0.87-acre lot in the R-2 zoning district LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO THIS MA'I-rER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 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. Other 'Z-/¢ "7~"7 '~''~ ~ DATED: S :~Planning~SHARED\WP~PROJECTS'~B oynton ~ m 0 EXHIBIT D CO^ 12/02/O3 4 DEPARTMENTS INCLUDE REJECT is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 26. This is a manufactured building. Submit copies of plans that have been approved by a State certified third party plan review and inspection agency per 2001 FBC, Section 428 and F.A.C., Rule 9B-l. 27. Submit setup/tie-down details to ensure the manufactured building complies with the wind load recluirements of 2001 FBC, Section 1606. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: PLANNING AND ZONING Comments: 28. Approval of this project is contingent upon the approval of the accompanying request for the abandonment (ABAN 03-012). 29. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project. 30. For the Martin Luther King, Jr. Corridor, the Heart of Boynton Master Plan & Schematic Designs recommends specific uses, building massing, and architectural design guidelines. In particular, it recommends a "Floribbean" architectural style. Therefore, staff recommends incorporating more "Floribbean" design elements into the architecture of the building. 31. If approved, a Unity of Title would be required prior to the issuance of a building permit. 32. Provide an itemized list of the areas (expressed in square feet) of each use of the classroom, office, bathrooms in either the site plan (sheet SP-1) tabular data or on the floor plan (FP-1), 33. A traffic impact statement for the proposed use must be approved by the Palm Beach County Traffic Division prior to the issuance of a building permit (Chapter 4. Section 8.F.). 34. All signage is subject to review and approval of the Community Redevelopment Agency and City Commission (Chapter 4, Section 7.D.). COA 11/26/03 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Palm Beach County Health Department permits may be required for the water and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 11. 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 (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determ/ned based upon final meter size, or expected demand. 13. Comprehensive Plan Pohcy 3.C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for irrigation. 14. 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. 15. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupanc7. 16. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project, f/,,~ 17. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted plan~q. I I EXHIBIT "B" I I I I ! I I FLOOR PLANS DELRAY BOYNTON ACADEMY Martin Luther King BoulIverd EXHIBIT "B" :.,:: JJj ,., Ii Jiij":~ "" JiJ ~Jlj !,!,',i "'"',, iii :'"""!:' ', ,,,, jlI -'p.-' I] ihill --, ill :":'; ijJ!! fl~: iii I,, I!jl tj ii,' Ii!l ~' jj;j' .,..,, .... ~IL~i, J ! !h !i ! il~ll ~J! i!i I 'JJ j' ',ll:j'iJJiJI'' i,,-i """ ' J'!'l N03~'2~'E N~ 'ml m m-m ~vm-- 2 C2 LOCATION MAP BOYNTON DELRAY ACADEMY Boynton Delray Academy- COUS 03-008 Page 5 Memorandum No. PZ 03-286 Nart/n Luther K/ng 80u/evard Over/ay Zone. The max/mum street s/de and front setback would be 12 feet. The s/ze of the ch//dren's p/ay area would be regulated by the State of Flor/da. 8. General compatibility with adjacent property and other property in the zoning district. The C/b/ prev/ous/y /dent/fled a segment of IVlart/n Luther K/ng Jr. 8oulevard as an area/n need or redevelopment and rev/ta//zat/on. Th/s corr/dor /s to conta/n an amb/ance supported by pleasant s/gnage and bu//d/ng appearance, potted/andscap/ng, store w/ndows, and pub/lc open spaces. Accord/ng to the app//cant, "the school/s a/ready located at 900 North Seacrest 8ou/evard, wh/ch /s near the subject property'; The proposed Heart of 8oynton I~aster P/an & Schemat/c Des/gns calls for a two (2) to three (3) story m~xed-use (fetal//office / res/dent/a/) bu//d/ng to be constructed on the subject property (see Exh/b/t "D"- Heart of Boynton Naster P/an). Th/s would not be cons/stent w/th the proposed use. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The max/mum allowable bu//d/ng he/ght /n the C-2 zon/ng d/str/ct /s 25 feet, not to exceed two (2) stor/es. However, propeKdes located w/th/n the Nart/n Luther K/ng Boulevard Over/ay, such as th/s, may have bu//d/ng he/ghts of up to 30 feet. Accord/rig to the e/evat/ons, the proposed modular bu//d/ng /s des/gned as a one (1)-story structure and would be at most, lP feet- two (2)/riches/n he/ght. Th/s would eas//y comply w/th both the zon/ng d/str/ct and Over/ay's he/ght l/m/tat/OhS. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Accord/rig to the app//cant, "a commun/ty /s only as strong as/ts weakest//nk. Th/s targeted aud/ence has been/denb'fled/n m/dd/e school based on suspens/ons, referrals, retent/on, attendance, grade po/nt average, and d/sc/p//ne reports. The students become our future juven//e detent/on deta/nees, prison/nmates, perpetrators, and manaces to our soc/ety. Our goal/s to/denb'fy and ass/st these ch//dren wh//e they are m/dd/e school students. Nany of our students are not seek/rig to become "fa//ures"however, these are the hands they were dealt as a result of bah/es hav/ng bah/es, drug/nfested households, AIDS/nfected parents, not to merit/on that 47% of our student popu/ab'on are be/rig ra/sed by grandparents. Last year, we topped the school d/str/ct /n m/dd/e school FC4T math ga/ns and were fifth (5~) /n read/ng. Such an isolated educat/ona/ /nst/tut/on appears to be the answer to such a s/gn/flcant weak//nk'; A/though staff apprec/ates the Charter School's past accolades and current efforts to reenerg/ze a d/sadvantaged student popular/on, the proposed use would not be cons/tiered the h/ghest and best use for the subject property. Staff would have preferred a use and/ntens/ty more cons/stent ~v/th what/s endorsed/n the Heart of Boynton's Redevelopment P/an. However, cons/der/rig the overall pos/tire/mpact that the school would make to the/mined/ate v/c/n/b/, the econom/c effect would only be pos/t/ye on adjacent and ne/ghbor/ng propert/es. The app//cant /s absolutely Correct/n the statement, "a commun/ty /s only as strong as /ts weakest//nk'; W/th a charter school, the commun/ty would only get stronger. S/nce the Over/ay's zon/ng regular/OhS are spec/flca//y ta//ored for redevelopment and revfta//zat/on efforts, staff hopes that as the charter school expands, the property owner would be/nd/ned to remove the modular bu//d/ng and bu//d "up" and "out" as much Boynton Delray Academy- COUS 03-008 Page 3 Memorandum No. PZ 03-286 Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The project proposes one (1) point of ingress and one (1) point of egress. The entrance is proposed on Northeast 11~ Avenue and the exit is proposed on Railroad Avenue. The entrance would be 12 feet in width and the exit would be 1~t.$ feet in width. A sidewalk would be required within the rights-of-wa)/along Rai/road Avenue and a/so along Nartin Luther King Boulevard Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for the charter school is based on the fo//ow/ng methodology: One (1) parking space per 500 square feet of classroom fioor area, including fioor area of shops. The site p/an ($P-I) tabular data indicates that 5,201 square feet of c/assroorn area/s proposed, therefore, 13 parking spaces would be required. The project provides 16 parking spaces, including one (1) space designated for hand/cap use. All spaces would be dimensioned n/ne (g) feet/n width by 18 feet/n length, except for the hand/cap space, which would be 12 feet in width w/th five (5) foot w/de striping area by 18 feet/n length. The vehicular backup area would be 25 feet/n width. A loading zone/student drop-off area/s proposed near the hand/cap access ramp along Ra/Iroad Avenue. The Engineering D/v/s/on endorsed this design concept due to the size constraint of the subject property. It must be noted that a school bus would be stored on-site after hours. It/s probable that the school bus would not be able to fit w/thin the confines of any of the proposed park/ng stalls. The applicant has informed staff that there/s no need to have a large space for a school bus because they would use a smaller type of bus because many of the students would either walk or be dropped off at the school. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The site p/an ($P-1) shows a dumpster enclosure is proposed on the northern parcel along the west property line. However, no dumpster enclosure detail was prov/ded. Therefore, staff recommends that the exterior fin/sh of the enclosure match that of the required buffer wall and the color match either the buffer wall or the main color of the building (see Exhibit "C"- Conditions of Approval). 4. Utilities, with reference to locations, availability, and compatibility. Cons/stent with Comprehensive Plan poi/c/es and city regulations, all ut/l/ties, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Commercial properties abutting other cornrnerc/a/ properties do not require a buffer wa//. Neither do residential properties abutb'ng other res/dent/a/properb'es, regardless of the use. In this case, the northern parcel, which/s zoned R-2 abuts another R-2 zoned lot (to the west). No buffer wa//would be required. However, the landscape p/an shows that a buffer wa//, six (6) feet in height, is proposed along the west property //ne of the northern parcel.' The presence of the wa//would a/most certainly eliminate the negative impact of a commercial parking lot proposed within a res/dent/a/ TO: THRU: FROM: DATE: PRO]ECl': REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-286 Chairman and Members Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Eric Lee 3ohnson, A[CP ~// Planner November 26, 2003 Boynton Delray Academy / COUS 03-008 Conditional Use approval for a charter school Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: So uth: East: PRO3EET DESCR]:PTJ:ON Mr. Keith D. Dem Mr. Keith D. Dern Mr. Marty Madura with Advanced Modular Structures, Incorporated Northwest corner of Martin Luther King, Ir. Boulevard and Railroad Avenue (see Exhibit "A"- Location Map) Medium Density Residential (MDR) / Single and Two-family Residential (R- 2) and Neighborhood Commercial (C-2) No change proposed Charter school 36,055 square feet / (0.87-acre) Right-of-way for Northeast 11m Avenue, then farther north is vacant residential property zoned R-2; Right-of-way for Northeast 10t" Avenue, then farther south is developed commercial property (King's Cafe) zoned C-2; Right-of-way for Railroad Avenue, then farther east is right-of-way for the Florida East Coast Railroad EXHIBIT "A" LOCATION MAP Page 2 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. The implementation process of this plan was initiated by the City Commission approval, in June 2002, of the addition of two Mixed Use zoning districts, Mixed Use-High and Mixed Use-Low, to Part 1II of the City's Code of Ordinances. This amendment made the Mixed Use-High and Mixed Use-Low zoning districts available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use-High district, which allows residential densities up to 80 units per acre, necessitated the addition of a new land use category, the Mixed Use-Core (MX-C), to accommodate the higher density. The objective was to strengthen the incentives for redevelopment and infill development in the downtown area by creating a possibility for a higher "critical mass" in terms of use synergies. In June 2003, the City Commission approved a Comprehensive Plan text amendment creating the said MX-C land use designation. The concurrently approved land use amendment reclassified the area of Federal Highway Corridor segment bounded by NE 4th Avenue, East Ocean Avenue, Federal Highway and the Intracoastal Waterway from "Mixed Use" to "Mixed Use-Core". The Conservation Overlay area (mangroves) and the city-owned property lying between NE 2nd Street and NE 4th Street (Mangrove Park at the Marina) were excluded from the amendment. In a separate land use amendment, The Arches development was approved under the MX-C designation. To allow for the more intensive development within the MX-C district, the Floor Area Ratio (FAR) ceiling has been set at 4.0 (exclusive of parking structures) for all uses, with the residential density up to 80 units per acre, as compared to the FAR of 1.5 to 2.0 (depending on location) and the residential density of 40 units per acre in the Mixed Use (MX) category. However, the Comprehensive Plan makes different provisions for residential densities in the Mixed Use-Core areas located east and west of Federal Highway. Developments in both areas may reach densities up to 80 units per acre, but the overall density in the Mixed Use-Core area east of Federal Highway must not exceed 40 units per acre, since it is within the Hurricane, Evacuation Zone (Coastal High Hazard Area (CHI-IA)). The Comprehensive Plan language explicitly limits the overall density within the CHHA to 40 units per acre. However, in its review of the Mixed Use-Core amendment, the Department of Community Affairs (DCA) expressed an ongoing concern about the increased density within the CHHA. After discussions with staff, DCA communicated requirements regarding the addition of certain properties to the Mixed Use-Core land use category. This amendment is proposed in response to the DCA requirements. It will add six (6) properties to that area under the Mixed Use-Core land use designation. Due to the requirements of the Conservation Overlay, potential development of subject properties is severely curtailed. Neighboring Cities and County Regulations Dance Studios References / Permitted Uses Palm Beach County IL, Light Industrial District Dance Studio falls within the category of Fitness Center and is a specifically allowed permitt~ use. (Attachment A) Boca Raton M-l, M-2 Dance Studio f~lls within the category of Athletic training facilities and is a specifically' allowed permitted use. (Attachment B) Lake Worth LTl Low Traffic Generating Industrial Dance Studio falls within the category of Fitness Center and is a specifically allowed permitted use under the title of Indoor commercial recreation uses. (Attachment C) West Palm Beach Industrial Dance Studio is listed as a category and is a specifically allowed use in industrial zones, (Attachment D) iEXHIBIT "B1" Dance Instruction Munidpality / Industrial Zoning Reference Boca Raton M1 IAght Industrial. building. Permitted uses: Athletics training faciU. Ues wil~n endosed M2 General Industrial. Permitted uses: Any use permitied in M1 PID Hanned Industrial District. Permitted uses: Any use permitlnd by underlying zoning districL Dance Academy of Boca Raton 1050 NW 1st Avenue Boca Raton Zoning Distri~ MI, M2 Management Company:. Lewis Rental Properties Co-inn,ants include the following businesses: Uphols~erE., Glass Company, Signs, Intm-ior Design, Prinkm ' Dance Academy of Boca Raton has been operating in this location for 15+ years. According ~o Lewis Retail Properties there have been no issues involving safety or parking. The leasing contact notnd th, at Dance Academy of Boca Raton operates latnr in the day when other businesses are either dosed or customer Creative Dance Centre 1141 Holland Drive, #11. Boca Raton Zoning District: MI, M2 Management Company: Lewis Rental Properties Co-tenants include the following businesses: Spa's, Fuel Injection, Wainr Filtration, Furniture.finishing. 'Creative Dance Centre has been operating in this location for 6+ years. No issues "involving safety or parking. Operates laler in the day. Twisters Gymnastics of Boca 3100 NW Boca Raton Blvd. - Boca Design Center Artisiic Direclor: Penni Greenly Southern Dance Theatre COmmunity profile Southern Dance Theatre, Inc. is a school dedicated to the education and artistic achievement of all students regardless of race, religion, or socio economic background. Located in Boynton Beach, the studio was founded in 1983. It has built a reputation as one of South Florida's leading establishments in dance. Offering a wide variety of dance to students ages 4 - adults, from be~innln~ levels to pre~professionai our diverse staff takes pride in buildin~ a student body of over 400. SOme students have pursued professional careers as dancers in major companies, teachers, dance therapists, and studio owners. Southern Dance houses "The Dancers' Alchemy, Inc.; a not for profit organization that raises funds for combined performing groups. The groups encompass students ages 4- college as well as a .special population's ensemble. Collectively the dancer's and pwfessionals involved put in over 225 hours a year in community service. The venues include outreach and educational programs for the public and private schools, performances at Nursing and Assisted Living Facilities, annual benefits, such as, "The Love Affair" to aide families who am afflicted with the Al×heimer's disease, and community based Expos, Festivals and Parades for the city of Boynton. The President, Penni ~y has beell in.qllimental in the development of dance programs in the Palm Beach School system on aH levels of education including Exceptional children and ESOL students. Special interest has been paid to promo 'ting the awareness of the art forms of dance and music and their positive hnpact on the yout~ Thc school is in its 3nt year of"Give back to thc schools". A program implemented to take 10% of summer, dance lessons, income and give it back in support of arts program'~ in participating schools in Boynton and surrounding communities. A "Do your best and dance the rest" program was developed as a co-op with area schools for students at risk of fa/ling. Statistics showed 90% of the students involved pulled their grades up 2 letter scores. Southern dance theatre funds dance scholarships ~nd school art programs with over $5,000.00 a year to aide students or curriculums in financial need. While Southern Dance Theatre is a school dedicated to.dance education, its reputation for 20 years has beell that of integrity and excellence with a devoted commitment to the commullity young and old. Using dance as its'tool, the business promotes the oositive imnact the arts have Showcasing and sharing the talents of professionals and youths through performances, -' demonstrations, and in._~uction has allowed Southem Dance to become a respected name in the 'business world, as well as a leader in the entertainment, cultmal, and educational circles. EXHIBIT "B" 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. Response: The proposed use does not product any objectionable or offensive odors or fumes. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic 'or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent, the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is locat~l; or to contaminate any public wat~s or any groundwater. Response: The proposed use does not product any toxic or noxious matin. 6. Fire and explosion hazards. No use shall be carried out in any zoning. district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive mat~ials shall be in Conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances, Response: The proposed use does not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the Use is located. Artificial lighting which is used to illuminate any property or use shall be direcl~ away from any residential use Which is a conforming use according to these zoning, regulations, so as not to create a nuisance to Such residentia1 uses. Response: The proposed use does not produce heat, humidity ~r glare. No additional lighting is being proposed for the buildings and the site complies with the City approved site plan which required that lighting be dtrec~d away from any residential use. 8. Liquid waste. No use shall be carried out in any zoning district, so as to dispose of liquid waste of any type, quantity or manner which is not in October 17, 2003 :EXHIBIT "B" Mr. Michael Rumpf Zoning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 3.342.5-0310 Dear Mr. Rumpfi This lettnr and accompanying documentation are concurrent requests for M-1 zoning code review and PID conditional use approval, Specifically requesting an amendment to M-i code to add dance instruction to the following: Chapter 2 Zonin~ SecQ'on 8...A. 1. d..(9). Pcrmi~ uses./..n~c, e!!an.eous ~ Item (9) Gymnastic centers, Dance Instr~t~Ion For PID, conditional use approval request for Dance Instruction to operate in High Ridge Commerce Center, Phase I_ Included with'this request are the following itnms which support the amendment: A · Letter from applicant higldighting community involvement Operational comparison between gymnastics, centers and dance instruction Dance Instruction businesses currently operating in local industrial areas Neighboring dries regulations pertaining to industrial districts and uses allowed ' High Ridge COmmerce Center, Phase I site plan and other businesses operating or who plan to operate at this site [ P/~£~' ~'-.yz~'~] · Performance standards addressed · Southern Dance Theatre 140 N. Congress, Suite 8B Tn Beacl~ FL 33426 Yd 5-311 OCT 2 2 2OO3 2'37 . PLAF!N~NG AND ZONING L~EPI EXHIBIT "A" 624 NORTH AMERICAN INDUSTRY CLA$$~CATION SYSTEM · Offering professional and management development tralnln_.~-.are classified.in Industry 611430, Pwfessional and Management-Development .Training; · Offering registered ntwsing training with academic degree8 (e.g;,'associate baccalaureate)--- are classified in Industry 611210, Junior Colleges or Industry 611310, Colleges, Universities and Professional Schools; · Offering aviation and flight training--are Classified in U.S. Industry 611512, Flight Training; · Offering cosmetologY and barber ffsinlng--are classified in U.S. Illdustry 611511, Cosme- WlogY and Barber Schools; ~ · Offering academic courses that may also offer mctmical and trade comses--are classified according to the type of school; and · Offering apprenticeship tralningprograras--are classified in U.S. Industry 611513, Appren- ticeship Trslnlng. ' 6116 Other-Schools and Instruction This industry group comprises establishments primarily engaged iff Offering or providing instruc- tion (except academic schoOls, colleges, and universities; and business, computer, management, 6H61 Fine'Arts Schools ' See industry description for 611610 below. ---~ 611610 Wine Arts SCh°°ls This industry, c0mpt~ establishments primarily' engaged in 'offering instruction in the' .arts, including dance, ar~ drama, and music. Illustrative Examples: A~ (except commercial and graphic) instruction Dance instruction Drama schools. (except academic) Fine aris schools (except academic) Music insmiclion (e.g., piano, guitar) Music schools (except academic) Performing arcs schools (except academic) Photography schools (except commercial photography). Cross-References.. · Establishments offering high school diplomas or academic degr~. (i.e., even if they specialize in fine arts) are classified elsewhere in this subsector according to the type of- school; and '. · Establishments primarily engaged'in offering courses in commercial and graphic arts and commercial photography are classified in U.S. Industry 611519, Other Technical and Trade Schools. US--United States industry only. CAN--United States and Canadian industries are comparable. When neither US nor CAN appears, Canadian; Mexican, and, United States industries are comparable. htr p ff/www, ntle.goVlnalos Page 3 CDRV 03-005 three hundred (300) square feet of gross floor area. Parking space' requirements may be COmputed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. Section 11.16(0 requires one (1) parking space per five hundred (500) square feet of gross floor area for industrial, research and development, trades uses, and one (1) parking space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. The general intent and purpose of the M-1 zoning district is to provide adequate space for more intense commercial and industrial uses. Staff has acknowledged that over time buildings that were designed and approved for less intensive uses to minimize parking obligations, are often subsequently converted to more intense uses that generate an increase in off-street parking demands. The minimum lot size for any property in an M-l, Industrial district to be developed is 10,000 square feet. In contrast, the minimum lot sizes within the C-2 and C-3 zoning districts are 5,000 square feet and 15,000 square feet, respectively, and these zoning districts generate more activity and traffic, and consequently, require. more parking spaces to meet the intent and purpose of the zoning districts. If the proposed use (dance studio) were to be permitted in the M-1 district, with a minimum lot area of 10,000 square feet and maximum lot coverage of 60%, and based on one (1) parking space per three hundred (300) square feet of gross floor area, the parking requirement would be 20 spaces. However, using this same scenario for industrial and warehouse uses, the parking requirement would be 12 spaces and 7.5 spaces, respectively, based on one (1) space per five hundred square feet and one (1) space per eight hundred (800) square feet of gross floor area. Therefore, allowing the proposed use in the M-1 zoning district would intensify and be in contrast to the characteristics and performance of the M-1 zoning district. Also, the use of an undersized building for recreational purposes, with a higher parking requirement, could increase the need for code variances if existing sites cannot be retrofitted for the greater standards. Generating need for variances requests Lastly, the city, aside from the PID (Planned Industrial District), has ertly one industrial zoning district, containing a variety of uses. Although the city prohibits heavy industrial uses such as the manufacturing/processing of cement, fertilizers and asbestOs or paints, all industrial uses are consolidated into the single, M-1 zoning district, which includes uses involving processes or chemicals with distant separation requirements (fi'om residential areas). In contrast, other jurisdictions that have two (2) or more different industrial zones, which vary in intensity, could accommodate Certain uses within the lowest intensity districts without jeopardizing compatibility and safety. In Boynton Beach, the subject use could bring children/youth in close proximity to moderately intense industrial uses and their respective characteristics (e.g. track traffic, chemicals, other hazards, etc.). Competition with industrial land If a need for the subject use is substantiated, and if the typical industrial buildings do offer the ideal environment/structure for the training needs or characteristics, then one option could be to allow them conditionally, and with additional restrictions such as distance separations from selected uses or prohibiting them from multiple use buildings. However, depending on the restrictions placed on such uses, the affect may be to reduce the location oppommities of certain industrial uses and represent an TO: THROUGH: FROM: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 03-292 Chairman and Members Community Redevelopment Agency Board Michael W. Rumpfiv[Gl~' Director of Planning and Zoning Maxime Ducoste-Am6d6e ~, Planner DATE: SUBJECT: December 3, 2003 CODE REVIEW CDRV 03-005 Dance Instruction added to the list of permitted uses in the M-1 zoning district. NATURE OF REQUEST Mrs. Penni Greenly, owner and rePresentative for Southem Dance Studio, is requesting that dance instruction be added to the list of permitted uses in the M-l, Industrial zoning district. Specifically, the applicant is requesting that the code be amended to add a new permitted use to the M-1 zomg district (Chapter 2, Zoning, Section 8. A. 1. d. (9) to read as follows: "(9). Gymnastic centers, Dance Instruction." It should be noted that the effects of the subject request, if approved, woUld be citywide (e.g. all M-1 districts). BACKGROUND The City's Land Development Regulations Chapter 2, Section 8. A. 1., limits the M-1 zoning district to industrial uses; however the current list has included gymnastic centers since November, 2001 to accommodate the same. The C-2, Neighborhood Commercial zoning district, Chapter 2 Section 6. B. 1. (hh) permits: "hh. ,,Irt or recreational instruction." Also, Section 6. C. 1. (m) and consequently Section 6. D. 1, which correspond to the C-2 and C-3 zoning districts, respectively, permit: "Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses (*). Racetracks, go-cart tracks, 'and water slides shall be prohibited." in the C-3 zoning district. With respect to standard classification of the subject use, the North. American Industrial Classification COA 11/24/03 2 DEPARTMENTS INCLUDE REJECT 1. The accompanying request for major site plan modification (MSPM 03-009) proposes to eliminate ~e pervious area that currently exists in front of the building canopy and replace it with an impervious surface for vehicle stacking areas. Staff recommends preserving this pervious area in its current condition and installing additiOnal landscape material (trees and shrubs) to enhance the overall appearance of the site. The species and quantity of plant material would be subject to review and approval of the Planning & Zoning Division at the time of permitting. 2. Staff recommends installing a Cluster of Areca palm trees in the landscape island l~roposed in front of the exit of the carwash tunnel. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 3. None ADDITIONAL CITY COMMISSION COMMENTS: Comments: 4. To be determined. MWR/elj S:~Planning\SHARED\WP~PROJECTSV~JI Brite Car Wash\CDPA 03-001'4~OA;doc I Memorandum No. PZ03-285 All Brite Car Wash CDPA 03-001 conditions (see Exhibit"C"- Conditions of Approval). Any Conditions recommended by the Board or City Commission Shall be included in Exhibit "C" CondiUons of Approval, S:\Plannlng\SHARED\WP\PRO.IECTS~aJI Brite Car Wash\CDPA 03-001~Staff Report. doc TO: THRU: FROM: DATE: SUB3ECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-285 STAFF REPORT COMMUNI-I'Y REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION Chairman and Members Community Redevelopment Agency Board Michael W. Rumpfr~Ll'~/' Planning & Zoning Director Eric Lee Johnson, AICP Planner November 21, 2003 All Brite Car Wash - CDPA 03-001 Appeal of Chapter 9 - Community Design Plan (Overhead Door) NATURE OF REQUEST Mr. Don Arpin, P.E., agent for the owner is requesting approval of a Community Design Plan Appeal to allow an overhead bay door (car wash tunnel) to face SoUth Federal Highway (see Exhibit "8"- Proposed Elevations). This appeal is being submitted in conjunction with a request fo~ major site plan modification (MSPM 03-009). BACKGROUND The applicant proposes to build a 1,397 square foot addition to an existing building on a 0.79-acre parcel in the C-3 zoning district. Arby's Restaurant and more recently, Blu's Original Bar-B-Que Restaurant, previously occupied the existing building. A car wash is a permitted use in the C-3 zoning district. However, according to Chapter 9 - Community Design Plan of the City's Land'Development RegulalJons, Federal Highway is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, this major roadway within the City is subject to higher standards related to building ~appearance. In this scenario, the car wash's"tunnel" would have the same effect as an overhead 'bay door facing a major right-of-way, which is not in keeping with the Community Design Plan. ANALYSI'S This subject property is located at 2015 South Federal Highway, which is located on the west side of Federal Highway, generally north of Southeast 23rd Avenue and south of Woolbdght Road. The restriction of not allowing the bay doors to face South Federal Highway is predicated on the concept that the roadway is very visible and that the tunnel is unsightly. South Federal Highway, as well as the other roadways listed in Chapter 9, SectiOn 11.3. of the Land Development Regulations, are considered entrances into the Qty. Buildings located on these roadways should be held to a higher level of architectural standards. The neighboring properties on the east and west sides of South Federal Highway are either zoned High Density Residential (HDR) or Community Commercial (C-3). /-/2 Sonny's Enterprises, a company based at 5605 Hiatus Road in Tamarac, Broward County, would provide the applicant with the car wash machinery and internal structure. According to the applicant, Sonny's Enterprises asserts that the proposed dimensions of the subject tunnel as shown on the floor plan would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:XPlanning~Planning Templates\Condition of Approval/City Library Expansion HTEX 03-007.doc S:~Planning~Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc EXHIBIT."B", / : , I i!i' ~2%'~ ! I'. !i t~ "- iI~ '" !:: '~'i' "t 0 8 Page 3 Memorandum No. PZ 03-289 RECOMMENDA'I'~ON Based on the analysis contained herein, staff recommends that this request for a height exception of approximately nine (9) feet be approved for the decorative entry (Atrium Tower),' No conditions of approval are recommended; hoWever, any conditions of approval recommended by' the CRA or required by the City Commission will be placed, in Exhibit "C"- Conditions of Approval. S:~lannlng~Shamo~Wp~Yojects~City Ubrary~lTEX 03-007~Staff Repod.doc TO: THRU: FROM: DATE: PRO.1ECT: RE(~UEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-289 Chairman and Members* Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Ed Breese Principal Planner December 2, 2003 City Library / HTEX 03-007 Height Exception Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT DESCR]:P'r%ON City of Boynton Beach Ms. Virginia Farace, Ubrary Director Ms. Choli Lighti:oot, Schenekel Schultz Architecture 208 South Seacrest ,Boulevard (see Exhibit"A'- Location Map) Public & Private Governmental/Institutional (PPGI) / Public Use (PU) No change proposed A 35,166 square foot expansion of the existing 27,698 square foot City Library. 214,413 square feet (4.92 acres) The City's Civic Center, then farther north right-of-way for Ocean Avenue; Right-of-way for SE 2nd Avenue, then farther south a mix of developed residenUal structures with a Medium Density ResidenUal (MEDR) land use designation, zoned Duplex (R-2); The City's Arts Center, then farther east the City's Senior Center; and Right-of-way for Seacreast Boulevard, then farther west a mix of developed residenUal structures with a High Density ResidenUal (HDR) land use designation, zoned MulU Family (R-3), SHARED PARKING ANALYSIS EXHIBIT "D" The parking inventory and the preliminary parking analysis' for the library expansiOn submitted to P&Z for the subject site plan was based on the premise that the four uses, the library, the Civic Center, the Art Center and the Madsen Center, have been and will continue sharing total parking resources. Both the proximity of the parking !°ts for the said uses and the established practice support this premise. However, it is clear that if the standard use-based parking ratios are applied, a significant deficiency results both in terms of current and proposed number of spaces. The total requirement (defined as above) calls for 378 total parking spaces: the current inventory shows 262 existing spaces which would be reduced to 253 spaces by the proposed expansion. Alternatively, the Code allows for the calculation of thc parking requirements for two or more uses based on sharing of parking resources, if justified by the analysis of the actual parking demand patterns exhibited by each use (chapter 2, Sec. 11H13). Such analysis is based on the Urban Land Institute shared parking model; it must show that the joint parking allocation is feasible and acceptable given the different days and/or hours of the peak parking demand for different uses. Ultimately, the decision regarding approval of shared parking rests with the City Commission. Staff has performed the shared parking analysis, using the parking demand surveys submitted for the uses. The accumulated peak day/peak hour parking utilization was determined to be 202 spaces. Since the Code mandates a minimum buffer of 10%, the requirement would be 223 spaces. The number of proposed spaces is 253, providing an additional buffer of 30 spaces. The total surplus of 51 spaces (30 spaces and a 10% buffer) may, to some extent, accommodate the following: the seasonal variation (which is uncertain), · spillovers from the city's parking lots located north of the study area (the analysis was performed without accounting for the utilization patterns of these lots), · special events, and · the planned expansion of the Art Center (additional 6,002 sq fl). The expansion of the Art Center will likely necessitate construction of additional parking on the lot located east of the Civic Center. G:~L~rary parkingkLibrary parking memo.doc COA 12~3~3 6 DEPARTMENTS INCLUDE REJECT 44. The topographical surveys shows that two (2) condominium buildings are within the subject property's boundary lines. At the time of permitting, resubmit a survey that shows all corrected and verified property boundaries. A note on the current Sawyer's Addition to the Town of Boynton Beach plat indicates that Southeast 1~t Avenue (Jessamine-Street) was abandoned per O.R.B. 4127, page 1639. This should be shown on the site plan (sheet A002). 45. The parking summary in the site plan tabular data (sheet A002) should be corrected to indicate that 118 parking spaces, not 117 spaces would be required for the library expansion. Also, the entire project's total required parking spaces should indicate 378 spaces, rather than 377 spaces. 46. The Community Redevelopment Agency Board and City Commission must approve the shared parking analysis. 47. The Palm Beach County Traffic Division must approve a traffic impact statement prior to the issuance of a building permit (Chapter 4. Section 8.F.). 48. On the landscape plan, indicate the quantifies of each proposed plant species. On the landscape plan plant list, ensure that the plant quantities match between the tabular data and the graphic illustration. 49. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 50. Prior to the issuance of a building permit, staff would ensure that the proposed plant material would effectively screen / buffer the vehicular use areas and thereby meet the intent of Chapter 7.5, Article Il, Section 5.D. of the Land Development Regulations. This screening should also embrace the concepts of Crime Prevention through Environmental Design. The City Forester / Environmentalist will oversee this process. 51. one (1) tree is required for every 30 linear feet along Seacreast Boulevard and Ocean Avenue (Chapter 7.5, Article II, Section 5.D.). At the time of permitting, staff will ensure that this requirement has been met. 52. The west elevations (sheet A005) should show the proposed "chiller'' area. 53. Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section 5.P). on the landscape plan (sheet L10D. COA 12/03/03 4 DEPARTMENTS INCLUDE REJECT 27. Prior to Fire Department approval of a building permit, new construction projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existin$ hydrants within the required 200 feet of the facilit7. 28. Provide scale for drawing C2. 29. State whether the hydrant shown on drawing C2 is existing or proposed. 30. Design documents where-underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 31. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire sprinkler systems throughout the all buildings or structures in excess of 30 feet in height as measured fi:om finish 'ground floor grade to the underside of the topmost roof assembly;, and all buildings or structures regardless of the t,/pe of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None BUILDING DIVISION Comments: 32. The height and area for buildings or structures of the different types of construction shall be govemed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 33. General area modifications to buildings shall be in accordance with 2001 FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. 34. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time ofp,errnit application. z"s-7, / P 35. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the olans for the buildin~ desitin. COA 12/03/03 2 DEPARTMENTS INCLUDE REJECT 9. Show all existing utilities on site development plan (LDR, Chapter 4, Section 7.A.3). Please note it is your responsibihty to locate utilities during the design, not the contractor's. 10. Show proposed site lighting on the Site and Landscape plans (Chapter 4, Section 7.B.4.). 11. Full drainage plans in accordance with the DR, Chapter 6, Article IV Section 5 will be required at the time of permitting. 12. Indicate by note that catch basin and manhole covers shall be bicycle proof (LDR, Chapter 6, Article IV, Section 5.A.2.g). 13. Provide additional elevations for existing features adjacent to the west side of the Civic Center. 14. Indicate overflow point for system/site for drainage. 15. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 16. Paving, drainage and site details 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 the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction pennit application. UTILITIES Comments: 17. All utility easements shall be shown on the site plan and landscaping drawings (as well as the Water and Sewer Plan Sheet) so that we may determine which appurtenances, trees or shrubbery 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 LDtL Chapter 7.5, Article I, Section 18.1 gives public utihties the authority to remove any trees that interfere with utility services, either in utility easements or public rigvhts-of-wa),. 18. Palm Beach County Health Department perffnits will be required for the water and sewer systems serving this project (CODE, Section 26-12). EXHIBIT "Bi.. l!lllll[ i I 'J'j Ii j lj i I. t ljijl il I illilI ill , J!i ~1 , J !l ~, j I, ll!.il.I ill fJ ,~.. I,,11 .Lll jlj,¢jljj, ,Il l.J ,J ll~JJJ! ,. I I,,~,, ,jl!,,l~!,, , ~ , 1,, . l~.J,l.~J I I1~1 -- ~ I[I I I ~'7/; lq ! i i,,, I ~ ~ ~ ~ :'"' '"" . = ~ [ ~ ~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" Ii'1| I !iii lh"i~,l' ii IJ "-"-*~ ' JJ Iii I 1 BE) I Ill! J ~i ~ JJ t i J~JJ JJJJ~ q Ill 1 ~1 J I ' J fill ~l ~lj~ '"' """ 'PI~t~ ,~,l~ I "11 ,~ ,' ~ ,I tj~ "'" PI~l~lJ ?Iii J I i~ ,: [ I ____ EXHIBIT "B" SEACgEST BLV~ C)© ! ([ ('J.S 3NId O-JJ.J.YId) '~.S ~.S L '3'N t) /-/'2__.'5-7 .'? //- Iill~li~l~llJl~! 'l~Jl ~ 'JJ i l~iil ~J j J ~ill~jlll~ jlllllJl~lJ!JJJ i, 1,~ litI BOUNDARY SURVEY FOR THE CITY OF BOYNTON BEACH EXHIBIT "B", I'llljililllql!;-' "i'[ Pl I ' CITY OF BOYNT[]N BEACH Al:lAIR E~ BI=IAI3Y, INO. 1 in. -- 200.0 feet SE. 4~rH AVE SE 4~AYE Location Map City of Boynton Beach Li_br~ry EXHIBIT "A" Staff Report - City Library Expansion (MSPM 03-011) Memorandum No PZ 03-290 Page 5 Building and Site: existing Banyan trees. The landscape plan (L101) illustrates the canopy of these trees by showing them as dashed circular lines. The north buffer would also contain Croton, Varlegated Dwarf Scheft]era, and Wax .Jasmine. At the time of permitting, any deficiencies with the plan, including the proposed number of trees and shrubs along the rights-of-way would be reviewed again to ensure compliance with the code's intent to screen and soften vehicular use areas (i.e. parking lots, drive aisles) from the roadways. Again, the landscape plan shows compliance with the code's Intent by showing the Typical Parking Area Planting Detail (see Exhibit "C'- Conditions of Approval). The interior planting areas around the building would be similar to the plant material proposed throughout the plan. The proposed shrubs and groundcover would include but not be limited to the following species: Crinum Lily, Green Buttonwood, RedUp Cocoplum, Croton, Thryallls, Gardenia, Dwarf Firebush, Hibiscus, ]:xora Nora Grant, Plumbago, Dwarf Wild Coffee, Red Cloak, Philodendron, Viburnum, Dwarf Variegated Ginger, Crown of Thoms, Dwarf Yaupon, and Wax .Jasmine. The plant list does not indicate the proposed plant quantities thereby preventing confirmation that 50% of the proposed plant material would be naUve. Therefore, at the time of permitting, a revised landscape plan plant list is required to ensure compliance with Chapter 7.5, Article ]:I, Section 5.P. of the Land Development Regulations. The plans should provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs, and groundcovers to ensure compliance with this code requirement. Staff recommends using an asterisk to identify the native plant material (see Exhibit"C" - Conditions of Approval). According to the landscape plan, there are 10 "invasive or poor quality" trees that are to be removed as a result of this expansion. These trees would Include a Woman's Tongue, a Royal Palm, an Avocado, a Schefflera, a Frangipani, two (2) Banyans, and three (3) Mahogany trees. There are nine (9) trees that would be relocated on-site. Additionally, seven (7) queen and one (1) Royal palm trees would be relocated off-site. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The existing library building is 27,698 square feet. The proposed two (2)-story addition would be 35,166 square feet for a total of 62,86,~ square feet. The site would have a new outdoor garden area as proposed on the west side of the building facing Seacrest 8oulevard. The site plan also shows that a "chiller area" is proposed on the west side of the building. However, hedges would screen this mechanical equipment area. A porte-cochere is proposed on the east side of the building addition, near the front doors. The floor plan (sheet A003) shows that the proposed addition would be 103 feet - three (3) inches in length by 126 feet - four (~,) Inches In depth. The first floor plan also shows that the expansion would have separate rooms, such as for adult fiction, program room, community area, and a lobby area. Floor plan sheet A00~, shows that the entire second floor would be dedicated to non-fiction reference. However, these floor plans are conceptual and are subject to change. Staff Report - City Library Expansion (MSPM 03-011 ) Memorandum No PZ 03-290 Page 3 School: Driveways: Parking Facility: School concurrency is not required for this type of project. The site plan (sheet A002) shows two (2) existing points of access. One (1) point of ingress / egress is located via Southeast Ist Avenue. A note on the current Sawyers Addition to the Town of Boynton Beach plat indicates that Southeast 1~t Avenue (3essamine Street) was abandoned per O.R.B. 4127, page 1639. This note should be shown as a note on the site plan (see Exhibit "C" - Conditions of Approval). The other existing point of ingress / egress is from Southeast 2nd Avenue. The existing driveway along Seacrest Boulevard would be relocated farther north approximately 96 feet south of East Ocean Avenue. The IocaUon of the driveway opening would require the approval of a variance because it is less than the 120 feet required by code (see Exhibit "C"- Conditions of Approval). The driveway opening, as proposed, would allow for both vehicular Ingress and egress to the proposed parking lot. Two (2) new parking lots are proposed as a result of this proposed library expansion. The site plan (sheet A002) shows that one (1) new parking lot is proposed directly north of the building addition and the other new lot is proposed due east of the addition. The proposed lot to the north would connect to the porte- cochere of the Civic Center. Staff endorses this "connectivity" design characteristic. Although no typical drawing was provided, the 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length. All existing and proposed parking stalls, including the size and location of the handicap space were reviewed and approved by both the Engineering Division and Building Division. The new parking areas to the north and east would provide 76 spaces. The survey does not show the existing spaces so it is unclear the number of spaces to be eliminated. However, this project is considered to be an expansion of the library, which resides in a "municipal complex". This municipal complex concept is very critical to the project and is discussed in the Shared Parking Analysis paragraph below. According to the Land Development Regulations, required parking for a library would be based on the ratio of one (1) parking space per 300 square feet of gross floor area. However, based on the ratio, a total of ll8 parking spaces would be required for the just the library use. It Is difficult to assign existing parking areas for each use (i.e. Library, Civic Center, Art Center) since there is a free-flow of vehicular traffic movements between parking areas within the campus-like setting. Therefore, determining the deficiency of parking for the library Itself is not straight foward. As indicated in the slte plan tabular data, the Civic Center would require 98 parking spaces, the Art Center would require 60 spaces, and the Madsen Recreation Center would require l0 spaces. In all, the municipal complex with the existing and proposed library expansion requires a total of 378 parking spaces (see Exhibit"C"- Conditions of Approval). The site plan tabular data also indicates that a proposed second floor addition to the Art Center would require an additional 61 spaces. This addition is not a component of this major site plan modificaUon or Shared Parking Analysis. The future Art Center second floor addition would require separate review and approval. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: All Brite Car Wash APPLICANT'S AGENT: Mr. Don A~'pin of Arpin and Sons, Incorporated AGENT'S ADDRESS: 4920 North Dixie Highway Fort Lauderdale, FL 33334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification to construct a 1,397 car wash addition to an existing building on a 0.79-acre parcel in the C-3 zoning district LOCATION OF PROPERTY: 2015 South 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: 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. Other /--J 2- ~'-~ /' ~"/' DATED: City Clerk S:~Planning~SHARED\WP~ROJECTSX.~iI Brite Car Wash~VlSPM 03-009~DO.doc COA 11~5~3 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 24. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 25. To be determined. ELJ S:XPIanning~HA]~D\WP",PROJECTSKMI Brite Car WashKMSPM 03-009\COA.doc COA 11~5~3 2 DEPARTMENTS INCLUDE REJECT minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 6. At time of permit review, submit signed and sealed working drawings of the proposed construction. 7. A permit from the EPA shall be required prior to submittal of plans for building permit application. Contact the Department at 561-6810-6600. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 8. Approval of this project is contingent upon the accompanying request for Community Design Plan Appeal (CDPA 03-001). 9. On the site plan, identify the Future Land Use designation as Local Retail Commercial (LRC) for the subject property. 10. The site plan tabular data should indicate the number of required and provided off-street parking spaces. The car wash use requires four (4) parking spaces and the restaurant use requires nine (9) parking spaces for a total of 13 parkin[~ spaces. 11. The site plan tabular data should indicate the number of existing parking spaces that are to be eliminated as a result of the project. 12. Prior to the issuance of a building permit, the Palm Beach County Traffic Division must approve the project for a car wash and a 901 square foot fast- food restaurant, q 7~2~"7 ¢ff--,.fi.-.- 13. All landscape buffers are required to be at least seven (7) feet in width (Chapter 7.5, Article II, Section 5.D.). Prior to the issuance of a building permit, on the landscape plan, label the width of the buffers to ensure comphance with this requirement. pO° ro° ~o ~o ~o ~a ~a ~O C) U,S. ALLBP.,T. TE CARWASH 2015 SOUTH FEDERAL HZGHWAY BOYNTON BEACH, FLOI;LT. DA J~evi$|oIl$: I11/12/~l · I _ .._ , ....... , ~_~,-~ . .. "~ '1~ ~l~t:-~'~ ' "~ ' ' Staff Report - All Brite Car Wash (MSPM 03-009) Memorandum No PZ 03-282 Page 6 Indicates that the sign would be made of"aluminum over angle aluminum frame'; prime coat and finish with polyurethane white". The sign itself would be 17 feet in length and two (2) feet in height for a total of 34 square feet in area. The second wall sign, which would be subordinate, would be made of the same material. ]:t would be dimensioned 10 feet in length and two (2) feet in height for a total of 20 square feet in area. Collectively, these wall signs would comply with the area limitaUons as set forth in Chapter 21, Article IV, Section 2.C of the Land Development RegulaUons. However, no letter color(s) are indicated on the elevations. Signs, in general, shall be designed and treated as part of the architecture of the building. They are formally evaluated during the site plan review process. Therefore, staff recommends that the color(s) of the letters proposed on the wall signs be the same color(s) of the letters proposed on the freestanding monument sign (see Exhibit "C"- Conditions of Approval). The site plan shows that one (1) freestanding monument sign is proposed in front of the existing building, :[0 feet away from the east property line. The ledger size plans, produced by Ferdn Signs (attached to the site plan set), shows that the monument sign would be eight (8) feet in width and :[2 feet tall. On November :[8, 2003, the City Commission voted to reduce the maximum allowable height of freestanding signs from 20 feet to 8 feet. Since this code amendment has not been finalized via the approval of an ordinance, staff recommends reducing the height of the freestanding monument sign from :[2 feet to eight (8) feet. Also, the sign's letter colors should be one (:[) color or if multicolored, limited to red, blue, black, and white. This would be consistent with Chapter 9, Section 10.]:. of the Land Development Regulations (see Exhibit "C"- Conditions of Approval). RECOMMENDAI~ON: The Technical Review Committee CTRC) has reviewed this request for new site plan approval and is recommending approval contingent upon approval of the accompanying request for Community Design Plan Appeal (CDPA 03-001) and satisfying all comments indicated in Exhibit"C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS~.II Bdte Car Wash\MSPM 03-009\Staff Report. doc Staff Report - All Brite Car Wash (MSPM 03-009) Memorandum No PZ 03-282 Page 4 Building and Site: Coontie would be planted at the base of the trees within this buffer. The rear (west) landscape buffer would have three (3) Green Buttonwood trees and two (2) Sabal palm trees. These trees need to be spaced no wider than one (1) tree per every 30 linear feet (see Exhibit "C" - Conditions of Approval). No buffer wall would be required along the west property line because an unplatted right-of-way (paved access) separates the subject property from residential-zoned properties (to the west). Since this is the case, staff recommends that the tree spacing along this west landscape buffer be intensified to one (1) tree per 20 linear feet. The landscape plan shows that the exisUng Flcus hedge would remain in its current condition (along the perimeter of the property). The City Forester / Environmentalist reviewed this aspect of the plan and determined that it would comply with landscape requirements. The north landscape buffer contains one Cl.) large Oak tree. This tree would be preserved. The north buffer would also contain four (,~) Sabal palm trees. However, a total of seven (7) trees are required within this buffer, so therefore, two (2) more trees need to be added. This can be accomplished during permitting (see Exhibit "C" - CondiUons of Approval). The proposed signature trees (Purple Glory trees) would be located on each side of all project driveway openings. Other "shrubs and groundcover" would include the following: Lily Turf, American Beauty, ]:nkberry, and Hibiscus. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. A vacant building sits in the middle of the site. The project intent is to build an automatic car wash tunnel to the exisUng building. In doing so, the applicant would have to eliminate the trelliswork that is currently located on the north side of the building. Also, parking spaces would be eliminated to accommodate drive aisles and car detailing areas. The floor plan shows that the building would be separated into different rooms, such as an office (77.6 square feet), a waiting room (1,035 square feet), an equipment room (60~, square feet), restrooms (251.5 square feet), and a space for a small restaurant (901 square feet). The structure of the building would remain intact except for the 1,397 Square foot car wash tunnel. The tunnel would be 21 feet wide and 66 feet in depth. The building would remain as a one (1)-story structure. The maximum height allowed in the C-3 zoning district is ~,5 feet. The elevations show the existing building is slightly over 19 feet in height. Staff evaluated the site for a car wash with its ancillary restaurant. The proposed parking lot configuration, drive aisles, driveway openings, vehicle queuing areas, pedestrian / handicap accessibility routes, and car detailing areas appear adequate and safe as proposed. The plan shows that three (3) tents are also proposed. According to the applicant, the tents would provide for additional services, such as vacuuming and detailing areas. Originally, one (1) of the detail tents were proposed near the exit of the car wash tunnel, which would have been clearly visible from South Federal Highway. Staff did not endorse the design. However, after careful conslderaUon, the applicant agreed to locate the detail tent areas as far away as possible from South Federal Highway. Staff Report - All Brite Car Wash (MSPM 03-009) Memorandum No PZ 03-282 Page 2 East: West: Site Characteristic: Proposal: Concurrency: Traffic: Drainage: Right-of-way for South Federal Highway, then farther east is developed residential (Seagate of Gulfstream Condos) with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3); and Developed residential property with a High Density Residential (HDR) land use designation, zoned IVlulti-family Residential (R-3). According to the survey, the subject site was previously developed with a one (1)- story commercial restaurant (Arby's) and its parking areas. At this time, the Arby's Restaurant is no longer active and the building is currently unoccupied. The applicant wants to build a car wash tunnel to the existing structure and occupy the unoccupied restaurant. The subject site is unplatted and is nestled between four rights-of-way (South Federal Highway, Southeast 20th Court, Southeast 21st Avenue, and an unnamed, unplatted paved access road). This paved access road runs along the rear (west) of the lot. The survey also shows that there are currently three (3) points of ingress / egress. Two (2) driveway entrances exist along Federal Highway while the third is located on Southeast 21st Avenue. The lot is approximately 8,700 square feet short of an acre In area. BACKGROUND According to public documents, the property was purchased by the subject owner in March of 2003. Mr. Don Arpin, agent for the owner is requesting a major site plan modification to construct a 1,397 square foot addition to an existing building on a 0.79-acre parcel in the C-3 zoning district. Approval of this major site plan modification shall also be subject to the accompanying request for a Community Design Plan Appeal (CDPA 03-001). According to Occupational License records (which may be incomplete), the earliest occupaUonal license was issued in .1uno of 1995. ]:t appeared that Arby's stayed in business unUI 1998. ]:n April of 1998, the City issued an occupational license for Blu's Original Bar-B-Que Restaurant. This business did not renew their license the following year. Apparently, the site has been vacant since 1999. A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Traffic Division reviewed and approved the site for a 4,150 square foot car wash and a 750 square foot restaurant with a build out year of 2004. However, the site plan shows that the restaurant portion of the structure would be 901 square feet, or 151 square feet larger than what the Traffic Division approved. Therefore, prior to the issuance of any building permlts, the Palm Beach .County Traffic Division must review and approve a revised traffic impact statement that indicates the accurate uses and intensities (see Exhibit "C' - Conditions of Approval). Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is EXHIBIT "A" CITY OF~BOYNTON BEACH URBAN CENTRAL BUSINESS DISTRICT NE 4TH AVE _--?[ j ~1 I IF I N Page 2 File Number: CPTA 04-001 Urban CBD subsequently adopt the ordinance designation by an amendment to the local government comprehensive plan at the next opportunity for amendment." PROCEDURE On September 16, 2003 the City Commission passed, on first reading, a proposed ordinance establishing an Urban Central Business District (UCBD) for the downtown of the City of Boynton Beach. Pursuant to the requirements of Rule 28-24.014(10)(a), FAC, the proposed ordinance was reviewed by the Florida Department of Community Affairs (DCA) for sufficiency prior to final adoption by the City Commission. Tn addition, the Rule requires the City to "subsequently adopt the UCBD ordinance by an amendment to the Comprehensive Plan at the next opportunity for amendment." The proposed amendment will add one objective and three policies to the existing Future Land Use Element and include a location map with the text. All text amendments to the Comprehensive Plan are considered "Large-Scale" and therefore are limited to adoption in only two cycles annually. This proposed amendment is a part of the first amendment cycle for the 2004 calendar year. Following approval by the City Commission, the amendment will be transmitted to DCA for review. Final adoption by the City is tentatively scheduled for May 2004. PROPOSED TEXT (with proposed changes shown in underlined text) Objective 1,23 As a oart of Urban [nfl. and redevelooment strateoies, hioher densities and intensities will be encouraaed in the Urban Core. Pursuant to Rule 28-24.014(11, F. A. C., the Urban Cerltral Bu8iness District, as deoicted on the Future Land Use Mao, is hereby established to increase the develoament of regional imoact guidelines and standards. These increased thresholds shall apl~Iv only to those develooments aooroved after the effective date Of the imolementing ordinance (Ordinance 03-039). Policy 1.23.1 For residential, hotel, office or retail developments, the applicable guidelines and standards shall increase by 50 percent. Policy 1.23.2 The applicable multi-use guidelines and standards shall increase by 100%, provided that one land use of the multi-use development is residenUal, and that residential development amounts to not less than 35 percent of the city's apolicable resldenUal threshold. Policy 1,23.3 If any portion of a proposed development is located outside the delineated Urban Central Business District, the increased guidelines and standards of Rule 28-24.014(10Z F. A. C., shall not apply. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Boynton Delray Academy APPLICANT'S AGENT: APPLICANT'S ADDRESS: Mr. Marty Madura with Advanced Modular Structures, Incorporated 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Abandon a five (5)-foot wide alley between the north and south parcels The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue 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: 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. Other /-j/2'2~ -7 ~"-~"- DATED: City Clerk EXHIBIT "C" Conditions of Approval Project name: Boynton DekayAcademy File number: ABAN 03-012 Application received October 15, 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic ~ Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: /-/2~ -'//q/3 1. Approval of this abandonment request is contingent upon the approval of EXHIBIT "B" LEGEND: GRAPI-]/C SCALE P.O.B, = POINT OF BEGINNING R/W =RIGHT-OF-WAY . .~.E. 11%h 5VENU. E , (20' . f ASr oo' .I /BLOCK .... S ~ ; ~EEKS ~N~ AND~ ~ ~NE / ~ ~ ~. ] ~ P~T UMITS~ (mB. 5, ,~. 5' VACA~O~ F-ROI~ERTS ADOITiON TO BOYNTON (P.B. 1, PG. 12.3, P.B.C.R.) SURVEYOR'S NOTES: 1. ALL BE. ARING~ O~ ANi3LES SHO'/~N HEREON ARE BASED ON THE RECORD PLAT UN~' OTHER~SE NOTED. 2. 'IHIS SUR~"Y IS NOT VALID MTHOUT THE SURVEYOR'S ~GNA*R.IRE o~- E/w .,,. r,,. CERTIFICATE: I HEREBY CERTIFY THAT THE ATrACHED SKETCH OF LEGAL OF THE ,,AB~I.~.BE~..._PR_OP .ER__-rY,,J~ roue AND. CORRECT TO THE BEST ,,~ ,,,~c~/-//u~.~EU/~,,,~ SURVEYED UNDER MY DIRECTION. OF [ f // /.~ // '. 10-1.4-03 'PAUL A. DAVIS - PJ_$. ~1~31 STAYZ OF FLORIDA. DAVIS & P URMORT, INC. LB j10007219 . La~d Surveyors · Land Development Consu/t-nt~ · Pl-nners 84.3 SOUTHEAST 8th AVENUE-- DEERF1ELD BE. ACH, FL 334-4.1 Phone: (954) a,21-.9101 & (g54) 698--9101 f~x: (954)698--9722 SCALE: 1" = 50' DRAWN BY: N. LR. DA TE: 10-14-03 JOB NO: 0.3-1197 F.B./PG. N/A SHEET NO. 2 OF 2 Page 2 Memorandum No. PZ 03-288 ABAN 03-012 The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of its sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site improvements. As proposed, improvement of the lots would require the successful abandonment of the alley that dissects the middle of the property in an east / west direction. When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be affected by the abandonment. This is because the right-of-way is divided in half; each half conveyed to the abutting property owners. Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the alley to be abandoned, all uUIity companies have been notified and the request has been advertised in the newspaper. Tn this case, the Boynton Delray Academy is the sole property owner of both lots (north and south) that abut the subject alley. Obviously then, the City has not received any letters of objection from the abutting owners. However, a summary of the responses from the uUIity companies and city staff is noted as follows: CITY DEPARTMENTS~DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection Approval with conditions (see Approval) Exhibit "C" - Conditions of PUBLIC UT~LrFY COMPANIES Florida Power and Light Bell South - Florida Public Utilities Company - Cable Company (Adelphia) - No objection No response (see Exhibit "C" - Conditions of Approval) No response (see Exhibit "C" - Conditions of Approval) No objection The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment. No utilities have been found within this right-of-way. However, any issues that arise in the future would typically be addressed during the time of platting. As of the date of this report, no response has been received yet from Bell South or the Florida Public Utilities Company. RECOHMENDAT]:ON Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of Public necessity as determined by staff, contingent upon satisfying all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~Plannlng~SHARED~WP~PROJECTS~Boynton Delray Academy~ABANL.etaff Report.doc TO: THRU: FROM: DATE: PRO3ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-286 Chairman and Members Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Eric Lee .Johnson, AZCP Planner November 26, 2003 Boynton Delray Academy / COUS 03-008 Conditional Use approval for a charter school Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning:' Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PRO3ECT DESCI~P'I/ON Mr. Keith D. Dern Mr. Keith D. Dern Mr. MarLy Madura with Advanced Modular Structures, Incorporated Northwest corner of Martin Luther King, .Ir. Boulevard and Railroad Avenue (see Exhibit "A"- Location Map) Medium Density Residential (MDR) / Single and Two-family Residential (R- 2) and Neighborhood Commercial (C-2) No change proposed Charter school 36,055 square feet / (0.87-acre) Right-of-way for Northeast :~lt~ Avenue, then farther north is vacant residential property zoned R-2; Right-of-way for Northeast l0t~ Avenue, then farther south is developed commercial property (King's Cafe) zoned C-2; Right-of-way for Railroad Avenue, then farther east is right-of-way for the Florida East Coast Railroad ,. Boynton Delray Academy- COUS 03-008 Page 2 Memorandum No. PZ 03-286 West: Vacant commercial and residential properties zoned C-2 and R-2. BACKGROUND Mr. Marry Hadura, agent for the applicant is requesting conditional use approval for a charter school on the subject property. According to the applicant, the charter school would teach up to 125 students, grades six (6) through nine (9). The subject property is comprised of two (2) parcels, which are dissected by a five (5) foot wide alley that runs east and west. The applicant has submitted a concurrent request to abandon this alley (ABAN 03-012). The property also contains two (2) different zoning districts, namely R-2 and C-2. The survey shows that the northern parcel is 18,~9 square feet in area. This parcel is zoned R-2. The survey also shows that the southern parcel is comprised of three (3) lots. All of these lots are zoned C-2. Therefore, when both parcels are combined in conjunction with the area gained by the (proposed) abandoned alley, the total property size would equal 36,055 square feet or 0.87 acre in area. All lots would be joined together by Unity of ~tle. Likewise, approval of this project is contingent upon the approval of the accompanying request to abandon the alley (see Exhibit "C"- Conditions of Approval). A charter school is a permitted use in the C-2 zoning district but would be considered as a conditional use in the R-2 zoning district. The developer would not be allowed to circumvent the conditional use / public hearing process by constructing the charter school building on the C-2 parcel (where it's a permitted use and no public hearing would be required) and have its supporting parking areas on the R- 2 parcel. Also, since the underlying land use designation for both parcels Is Medium Density Residential (MDR), it is unlikely that staff would support a request to rezoned the R-2 parcel from R-2 to a commercial zoning district. Therefore, in order to build a charter school and parking areas on the subject properties, the applicant is required to request conditional use approval. By and large, the building is proposed on the southern parcel while the parking areas is proposed on the northern parcel. According to the applicant, completion of the modular building would be accomplished within one (1) phase. STANDARDS FOR EVALUA'F~NG CONDI'TTONAL USES AND ANALY~;;? Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Community Redevelopment Agency Board and City Commission shall consider only sUch conditional uses as are authorized under the terms of these zoning regulaUons and, in connection therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny condiUonal uses when not in harmony with the intent and purpose of this section. ]~n evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Boynton Delray Academy- COUS 03-008 Page 4 Memorandum No. PZ 03-286 neighborhood. Staff endorses the proposed wall. However, no detail drawings of the wall were submitted with the site plan package. Therefore, at the time of permitting, the applicant would be required to submit a detail of the wall, which would be subject to review and approval of the Planning & Zoning Division. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and the building (see Exhibit "C"- Conditions of Approval). On the southern parcel, the landscape p/an proposes six (6) Saba/ palm trees along Rai/road Avenue. Normal/y, staff would recommend clustering the trees. However, the plan shows that these trees would be instal/ed at minimum $0 feet in height. The landscape plan also shows a row of SEver Buttonwood hedges are proposed along the east property line of the southern parcel. It appears that these hedges would be continued along the east property line of the northern parcel as we//. In addition to the aforementioned shrubs, the east landscape buffer of the northern parcel would contain 24 Ixora Nora Grant and 80 Bush Al/amanda. Three (3) Yellow Tabebuia trees would also be preserved within this buffer. Four (4) Saba/ palm trees are proposed along. Martin Luther King Jr. Boulevard. Again, these trees would be instal/ed at 30 feet in height. A row of Silver Buttonwood hedges is proposed at the base of the trees. The landscape p/an proposes to continue the Sliver Buttonwood hedges along the west property line of the southern parcel. Two unknown trees would be preserved while four (4) Sweet Mahogany trees would be installed. No rows of hedges are proposed along the west property line of the northern parcel because the proposed buffer wall would screen the park~'ng lot from the residenEal lot to the west. However, staff recommends that a row of 2~inch tall hedges be installed along the base of the wall on its east side. The developer may choose the species provided that the native species /imitation is maintained throughout the project (see Exhibit "C"- Conditions of Approval). Five (5) Sweet Mahogany trees are proposed just east of the wall. Four (4) Live Oak trees, a row of Redtip Cocoplum hedges, Bush Al/amanda and Ixora Nora Grant are proposed in the northern landscape buffer along Northeast 11~ Avenue. This buffer would screen the parking -lot from the right-of-way. A "drainage swale"is proposed near the buffer. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No signs are proposed at this time. The developer understands that any future signage would require a major site plan modification, subject to review and approval of the Community Redevelopment Agency Board and City Commission. The exterior lighting is such that meets minimum code requirements and would not produce g/are on neighboring properties. 7. Required setbacks and other open spaces. No building is proposed on the northern parcel; therefore, no R-2 zoning d/strict setbacks would apply. The proposed building would meet all setback requirements of the C-2 zoning district. The building would be situated both eight (8) feet from the east (side) and south (front) property lines along the rights-of-way. Normally, the C-2 zoning district requires the building to be setback 20 feet from the street side and 30 feet from the front line. However, the subject property lies within the Boynton Delray Academy- COUS 03-008 Page 6 Memorandum No. PZ 03-288 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). W/th/ncorporab'on of staff comments, the proposed project would comply w/th all requirements of applicable secb'ons of city code. The applicant must submit a traffic impact statement to ensure that the local roadways can support the charter school use/n terms of traf/fc concurrency purposes. No building perm/ts may be issued until the Palm Beach County Trafffc D/v/s/on review and approves the project (see Exhibit "C"- Cond/b'ons of Approval). 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4. N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton 8each noise Control Ordinance. With incorporation of ali conditions and staff recommendab'ons contained here/n, the proposed use would operate in a manner that is in compliance w/th the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDA'I~ON Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to saUsfi/ing all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Also, approval of this site plan is contingent Upon the approval of the accompanying abandonment request (ABAN 03- 012). Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project (see Exhibit "C" - Conditions of Approval). S :~PIann/n~SHARHD\WP~PRO JECTS~Bo~ Delray Ac~temy'~COUS~Staff Report. d~c I I ~XHIBIT "B" 0 n ~ ~ .. EXHIBIT "B" g EXHIBiT ,,B,,! BUILDING ELEVATIONS DELRAY BOYNTON ACADEMY I EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: COUS 03-008 Reference: 2"d review plans identified as a Conditional Use with a November 18, 2003 Planninv and Zonin, Department date stamp marking. " -' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. 2. Provide additional right-of-way along the east property line so that the sidewalk is within the pubhc right-of-way. 3. Provide appropriate si~tming at the intersections of NE 11z Ave./Raikoad Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional right-of-way along the north property line and widen the roadway to a minimum paved width of 24 feet and place the sidewalk within the public ri~rht-of-wa~, in accordance with Standard Detail P-1. ENGINEERING DMSION Comments: 5. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Sidewalks adjacent to parking lots shall be continuous through all driveways and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). t1.,,.~ ,...-, - ~ /-t,z_ / 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 9. All engineering construction details shall be in accordance with the applicable City of BoTnton Beach Standard Drawings..~_~.::'.~__e_"Engineering Design COA 11/26/03 3 DEPARTMENTS INCLUDE REJECT 18. PVC material not permitted on the City's water system. All lines shall be DIP. 19. Appropriate backflow preventer(s) will be required on the domestic water service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 20. Water service to the site will not be allowed from the existing 20-inch water main in Railroad Avenue. Service shall be via the existing 6-inch water main located on the south side of Martin Luther King Boulevard. 21. All utility construction details shall be in accordance with the Utilities Department's '~Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING DMSION Comments: 22. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Sheet E-1 - Light poles shall also be designed for compliance with wind load requirement of 2001 FBC, Section 1606. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. Indicate water source on the plan. 24. A water-use permit for the irrigation system is required from the SFWMD. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. /-/'P ~ ~-z ~ . ~ 25. At time of permit review, provide a completed and executed CBB 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 propert7 that COA 12/02/03 5 DEPARTMENTS INCLUDE KEJECT Since no signs are pioposed at this time, all future signage would require a , major site plan modification. The cumulative area for all wall signs shall be in comphance with Chapter 21, Article IV, Section 2.B. 35. The signature trees (yellow tabebuia) shall have a minimum of eight (8) feet of clear trunk to preserve the clear sight area. 36. Staff recommends that the exterior finish of the dumpster enclosure match that of the required buffer wall and that the proposed color match the color of either the buffer wall or the rns~n building. 37. Staff recommends that a row of 24-inch tall hedges be installed along the base of the proposed buffer wall (on its east side). The developer may choose the species provided that the 50% native species limitation is maintained throughout the project. 38. Provide a detail of the six (6) -foot high buffer walls. Staff recommends that at the time of permitting, the applicant would be reqUired to submit a detail of the wall. Its appearance would be subject to review and approval of the Planning & Zoning Division. Provide a decorative end-cap to six (6) foot wall terminus at entrance off of Northeast 11 e Avenue, such as a pillar or column with a decorative top-cap. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and / or the proposed building. In any case, the wall must be setback at least two (2) feet ~om the property line (Chapter 2, Section 4.L.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 39. To be determined. ADDITIONAL CITY COMMISSION COMMF. NTS: Comments: 40. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy~COUS\COA.doc JI EXHIBIT D / BEACH )Exr LOpME 'C f AGENCY TO: CC: CPA Board Members Douglas HutcbLVmon, BxeeUtive D~ector Lindsey A. pa~e, C~ Bo~d A~omeY ~ ~OM: ¥1ovember 13, 2003 DATE. Status B. eport - AK Funding Claim eg..atding the above-ref~enc~ ma~e~. . . ~o~gma e~tS ~' Doc~ea~ p~O~a 2. p~o~6e6 b~ ~ D~°~6 3. Doc~ea~ p~oV~6ed Dot, eatS ~utc~°~ 4. Doc~e~ts p~o~ded b~ Doug C. ~soa 5. Doc~e~ ~vo~g L~e Lo~ D . S~o~ . -~ov~b~ ~4, at ~0:30 ~ o~d to spe~ ~ ~e~ o~ ~'_ ~,,~mb~ ~4, 2003 at a ~ ~ ~ ~so ~ee~g r~ecfively. ~ c~ not ~te~eW ~e ~ F~g employees became ~ey 9:30 a.m. ~d 10:00 a.m. ~ ~ave spo~ on ~e tel~ ~o~ sub~ by ~6 D~°r6 ~ ._ ~',~ ~,m~otd on MondaY, N ' ~ove~bet ~2, ~61 recexve6 ~e mater'S ~o~ By ~e next Bo~6 meet~g, ~1 ~e ~o~a~on ~6 ~te~eWs-s~o~d be complete6 ~6 ~ ~11 be able to ~sh ~e Bo~6 ~ a complete ~o~ at ~at ~e. 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