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Agenda 02-10-04COMMUNITY REDEVELOPMENT AGENCY Tuesday February 10, 2004 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order. II. Roll Call. III. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV. Consent Agenda - 4562 A. Approval of Minutes January 13 Meeting - 4563 B. Financial Report - 4583 C. Budget Transfer Requests - 4583 D. Consideration of designations of colors for the districts - 4597 E. Recommendation of members to be selected for the Evaluation Selection Committee to Review the Central Business District Massing Model Services RFP - 4619 F. Consideration of Burkhardt Construction Contract Amendment for Change Order #3 - 4620 V. Public Audience - 4625 VI. Public Hearing - 4626 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 CRA to reasonably accommodate your request. None New Business A. Land Use Plan Amendment/Rezoninq 1. PROJECT: 503 North Seacrest (LUAR 03 -010) AGENT: Don Stacks OWNER: Edward Eatman III LOCATION: 503 North Seacrest DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre; and Request to rezone from C -2 Neighborhood Commercial to R -1 -A Single Family Residential. Proposed use is single family residence. B. Zoning Code Variance 1. PROJECT: Woolbright Grill (ZNCV 03 -028) AGENT: John Therien OWNER: John Therien Woolbright Grill (ZNCV 03 -028) cont'd. LOCATION: 700 Woolbright Road (Southside of Woolbright Road at the Intracoastal Waterway) DESCRIPTION: Request relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant in a C -3 zoning district. 2. PROJECT: Happy Home Heights Lot 11 (ZNCV 03 -029 thru 03 -033) 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. AGENT: Anthony McCray OWNER: Anthony McCray LOCATION: Southside of NE 12` Avenue, approximately 168 feet west of NE 3 rd Street DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet to allow a variance of 2,200 square feet, resulting in a lot area of 3,800 square feet for a proposed single - family residence within the R -2 single and two - family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a twenty (20) foot variance, resulting in a forty (40) foot frontage for a proposed single- family residence within the R -2 single and two - family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 10 foot side yard setback on each side to allow a 2.5 foot variance, resulting in a 7.5 foot side yard setback on each side for a proposed single- family residence within the R -2 single and two - family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance, resulting in a 10 foot rear yard setback for a proposed single - family residence within the R -2 single and two - family zoning district. 3. PROJECT: Happy Home Heights Lot 5 (ZNCV 03 -034 thru 03 -38) AGENT: Anthony McCray OWNER: Anthony McCray LOCATION: Southside of NE 13` Avenue, approximately 168 feet west of NE 3 rd Street 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. DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet to allow a variance of 2,220 square feet, resulting in a lot area of 3,780 square feet for a proposed single - family residence within the R -2 single and two - family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a eighteen (18) foot variance, resulting in a forty -two (42) foot frontage for a proposed single- family residence within the R -2 single and two - family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a 10 foot side yard setback on each side to allow a 2.5 foot variance, resulting in a 7.5 foot side yard setback on each side for a proposed single - family residence within the R -2 single and two - family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section, 5.F.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance, resulting in a 10 foot rear yard setback for a proposed single - family residence within the R -2 single and two - family zoning district. C. Code Review 1. PROJECT: Mixed Use Code Review (CDRV 04 -002) AGENT: City- initiated DESCRIPTION: Request for approval of proposed amendments to Chapter 2 ZONING, Section 6.F. Mixed Use Zoning Districts. VII. Director's Report - 4627 A. Updates - 4628 VIII. Old Business - 4631 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. IX. New Business - 4632 A. Consideration of CRA Logo and Web Site Layout - 4633 B. Consideration of Funding of the Wheels Weekend Event - 4644 C. Consideration of Facade Grant for St. Mark Catholic Church - 4648 D. Consideration of Facade Grant Extension for Fred and Joe's Automotive - 4672 E. Consideration of Facade Grant Extension for Boynton Boundless, LLC - 4675 F. Consideration of Facade Grant Extension for Grace Fellowship Church - 4677 G. Consideration and Approval of the Financial Advisory Contract - 4679 X. Commission Action - 4686 A. New Fire Station Approved. B. Dance Studio Approved. C. Delray Boynton Academy Approved with Newly Designed Roof. XI. Board Member Comments - 4687 XI. Legal-4688 XIII. Other Items - 4689 XIV. Future Agenda Items - 4690 A. Consideration of Planning Services for Consolidation and Comprehensive Update to the Entire CRA Plan to Produce One Document (March). B. Consideration of Revised Direct Incentive Program (March). C. Consideration of the Business Genesis Program (March). D. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (March). E. Downtown Parking Study (March). 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. F. Consideration of Regions Core Grant Applicant (March). G. Consideration of Planning Services for Boynton Beach Corridor Plan Extension from Seacrest to Federal (March). H. Draft 2002/2003 Annual Report (March). I. Consideration of Securing CBD Surface Parking Rights (April). J. Consideration of Pilot Program for Trolley Service in the CBD (2004/2005 Budget Year). XV. Adjournment - 4691 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. IV. Consent Agenda Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4562 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. MINUTES OF THE REGULAR COMMUNITY REDELEVOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 13, 2004 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair James Barretta Alexander DeMarco Don Fenton Charlie Fisher Henderson Tillman Call to Order Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller Chairman Finkelstein called the meeting to order at 6:30 p.m. Chairman Finkelstein welcomed Commissioner McCray. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval A. Additions. Deletions. Corrections to the Aaenda Chair Finkelstein asked to move the following to the Consent Agenda: New Business (E) Consideration of Health Insurance for CRA Staff 2003 -2004 and (F) Recommendation for Contract Change to Add Additional Services for Legal Contract and Legal -A) Report on the Agreement with the Director for the Repayment of the $9,000.00. Motion Mr. Fisher moved to approve the agenda as amended. Vice Chair Heavilin seconded the motion that carried unanimously. Mr. Fenton had a question about why the Wheels Weekend had been removed from the Future Agenda Items. Motion Mr. Fisher moved to reconsider the previous motion. Vice Chair Heavilin seconded the motion that passed unanimously. Chair Finkelstein suggested that Wheels Weekend be added under New Business as (H). Mr. Fenton agreed. 4563 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Motion Mr. Fisher moved to approve the agenda as amended. Vice Chair Heavilin seconded the motion that carried unanimously. W. Consent Agenda A. Approval of Minutes December 9, 2003 and December 17, 2003 Joint City Commission /CRA Meeting B. Financial Report C. Motion to Accept Audit Report for 2002 -2003 D. Consideration of Health Insurance for CRA Staff 2003 -2004 E. Recommendation for Contract Change to Add Additional Services for Legal Contract F. Report on the Agreement with the Director for the Repayment of the $9,000.00 Vice Chair Heavilin asked that Item (D) from the Consent Agenda be removed for discussion. Motion Mr. Fisher moved to approve the Consent Agenda as amended. Mr. DeMarco seconded the motion that carried unanimously. (D) Consideration of Health Insurance for CRA Staff 2003 -2004 Mr. Hutchinson reported that staff had reviewed the Health Insurance options for the Boynton Beach CRA, which renews its health insurance on March 1, 2004. Staff recommended retaining the current HMO system for $15,881. Vice Chair Heavilin suggested that the POS1 for $19,650 might be more useful to them, since it would allow occasional out -of- network visits. Ms. Vielhauer stated that POS1 would have been staff's choice except that they wanted to stay within the budget. They could, however, pull the extra money from an account that was not going to be used. The Board agreed that this would be acceptable. Motion Vice Chair Heavilin moved to approve the POS1 health insurance for CRA staff beginning on March 1, 2004. Mr. Fisher seconded the motion that carried unanimously. Chair Finkelstein welcomed Vice Mayor Ferguson, Commissioner Ensler, and Commissioner McCray to the meeting. Later in the meeting he welcomed Commissioner McKoy and Assistant City Manager Dale Sugerman as well. V. Public Audience 4564 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Chairman Finkelstein announced the Public Audience, but closed it when no one came forward to speak. VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. Old Business: A. Conditional Use 1. Project: Boynton Delray Academy (COUS 03 -008) Agent: Marty Madura Owner: Keith D. Kern Location: Northeast corner of Martin Luther King Boulevard and Railroad Avenue Description: Request for Conditional Use approval for a Primary/secondary Charter School Eric Johnson, Planner, reported that this project had been reviewed and tabled the previous month to give the applicant time to improve the aesthetics of the building, to address issues of stacking and parking, and to allow the applicant time to meet with the School Board to find out whether the CRA and /or the City could have the right of first refusal on the property in the event that the School went out of business. The dumpster location and student drop -off area were at issue as well. The Board did not feel that the design that was presented was in keeping with the Floribbean concept that they wanted to have at this important, eastern gateway to the Heart of Boynton Corridor. Mr. Johnson stated that staff had provided the applicant with a number of comments and he did not believe that they had been addressed. The plans in front of the Board were the same plans that were brought a month ago. Staff met with the applicant today and saw some revised drawings and elevations and some new site plans, but those plans should have been presented weeks ago and staff did not have enough time to revi. them. Therefore, their recommendation remains the same as in the staff report they provided for the last meeting. Mr. Johnson stated that the only issue that the project had was that the applicant had not submitted a traffic impact statement for concurrency review. Staff is recommending approval of the Conditional Use contingent on satisfying all the Conditions of Approval. Chair Finkelstein wanted clarification that the issues of the dumpster, stacking, right -of -way, sidewalk, and so forth were addressed. He stated that that the Board had an additional rendering package. Mr. Hutchinson stated that CRA staff, in conjunction with the fagade grant, was to work with the applicant to improve the elevations and work on the site plan and they did so, expeditiously. Ms. Hoyland helped with this effort. A set of revised drawings went to the Board and to the City at the same time. He did not know why the package was not distributed to the Planning and Zoning Division. Chair Finkelstein confirmed with Mr. Johnson that the concerns about the project had been detailed in the Staff Report Conditions of Approval. Chair Finkelstein asked the applicant if they had anything new to add, and whether they agreed with all 40 Conditions of Approval. 4565 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Marty Madura, Advanced Modular Structures, agent for the applicant, stated that he had been working with Mr. Hutchinson regarding the elevations and with Ms. Laurinda Logan in the City's Engineering Division about the dumpster relocation. Ms. Logan seemed satisfied with that issue. Later in the meeting, the applicant stated that Item #30 in the Conditions of Approval pertaining to the fagade was a problem due to the difference of opinion about the proposed design. Chair Finkelstein opened the floor to public comment and hearing none, closed it. Mr. Fisher asked for status on the traffic impact study. Mr. Madura stated that it had been in the process for the last six weeks and he hoped that it would be finished by next week at the latest. Mr. Fisher then raised the issue of the CRA's desire to have the right of first refusal on the property if the School were to be approved and then dissolved at some point in time. Currently, the property ownership would revert to the School Board if the School were to stop functioning. Joe Green, Executive Director of the Boynton /Delray Academy, stated that their Board did not have a problem with the right of first refusal, but wanted to trade it for 12 feet of City property on the southwest border of the property. Quintus Greene, Development Director, stated that the 12 -foot parcel in question was a City - owned parcel and as such, if the City decided to dispose of it, the City would have to put it on the open market. They could not give anyone first right of refusal. Only the City Commission can dispose of City property. If the applicant wished to pursue this, he suggested that he direct a letter to Mr. Greene's attention and /or the City Manager, copying Mr. Greene, and the matter can be brought before the City Commission to determine if it wishes to put that property on the market as surplus. Chair Finkelstein called for a motion to take this issue off the table. Motion Mr. Fisher moved to remove the Boynton /Delray Academy item from the - -able. Mr. Barretta seconded the motion that carried unanimously. Mr. Tillman expressed concern that the proposed property was not in keeping with the redevelopment plans for the Heart of Boynton that had been the subject of studies, discussions, and meetings with the community. He was concerned about the precedent that accepting this project would set. In the Heart of Boynton, commercial development is the primary concern of the Board and this project is not in keeping with that. He did not want to see hodge -podge development and thought this project would be an example of that. He was sympathetic to the community need of educating its youth but did not think it was proper to establish a school in this place at this time. Mr. Barretta agreed with the Board comments made thus far. He inquired whether design guidelines had been set up for this particular area yet, and Chair Finkelstein commented that the design guidelines were just being formulated for that area. However, he said there was an approved Heart of Boynton Plan that depicts the preferred style of architecture (Floribbean) for the area. Mr. Barretta noted that the style of architecture proposed for the Boynton /Delray Academy was not at all in keeping with that. 4566 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Quintus Greene, Development Director, pointed out that this was a private property transaction between the Charter School and a private landowner at the eastern end of the MLK strip that has been proposed for redevelopment. The Phase 1 redevelopment of the MILK Corridor will be occurring at the western (opposite) end of that block at Seacrest and will only go up to N.E. 1St Street and would not be impacted by this project. Redevelopment of the street will require property acquisition, clearance, relocation, and a number of activities that could take at least two years to accomplish. He posed a question to the Board, "Whether or not, because we are proposing to do a redevelopment project at the western end of that block, we should try to impose or deny a private real estate transaction from occurring at the eastern end of that block at this particular point in time." He stated that the school itself was not inconsistent with the Plan and was an allowable use in this district. For these reasons, staff questioned whether it was justifiable to deny the school the opportunity to develop at that location. Chair Finkelstein believed that the Board was not in opposition to the concept of a school in this location; however, he was not seeing the type of design that he had hoped to see and what he thought the majority of the Board wished to see. Chair Finkelstein said he believed after the last meeting that the applicant would go to an architect that was familiar with the Floribbean style and camouflage the modular appearance of the proposed building. He recalled giving the applicant an example of another modular building on South Federal Highway that had done a magnificent job of covering it up. He thought that a two -story fagade might be appropriate. He was not opposed to a school at this location, but was not seeing the fagade he had hoped to see at that benchmark entrance to the Heart of Boynton area. Since the Board was considering the applicant's $15K fagade grant, they had hoped to be presented with an architecturally significant structure. Mr. Green commented that they had tried to satisfy the CRA's requirements. They met several times with Board members and made several revisions to the project that had cost them close to $100K so far as a result of these requests. The applicant believed that they had satisfied the majority of the Board members regarding the revised elevations. They also stated that they had gotten different directions from staff and from the CRA representatives. Mr. Fisher stated that this was an institution that wanted to provide a service for the at -risk youth in this community and it has limited funds. He felt that the Board should weigh the critical service that would be provided against plans that were several years away in making its decision. Mr. Barretta did not think it was within the responsibility or expertise of the City staff or the CRA to design a project or tell someone how to design a project. He said the CRA had some rather significant visions and guidelines in the developmental stages that clearly set forth what the CRA is looking for in Boynton Beach. He suggested that the applicant obtain the services of a good architect to review the project and come up with a design compatible with those visions and guidelines. In his opinion, the service aspect of the project was not a reason to abandon the CRA's design guidelines. Chair Finkelstein echoed Mr. Barretta's comments. He commented to the applicant that the Board had suggested that they use an architect instead of a planner. Although he understood the financing restraints, he did not believe the proposed design was what the CRA wanted, especially for one of the gateways to the Heart of Boynton Corridor. He supported the use but not the design. 4567 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Chair Finkelstein confirmed that the CRA was a recommending body to the City Commission and that the City Commission could overturn any denial that this Board might make. Motion Mr. Tillman moved to deny the Conditional Use approval of the Boynton Delray Academy. Mr. Barretta seconded the motion that passed 4 -3, Vice Chair Heavilin, Mr. Fisher and Mr. DeMarco dissenting. Chair Finkelstein stated that there was a volume of information available to the applicant about the CRA's design preferences for that area and he would be glad to give the applicant his input. He was sorry if the applicant had been misled by anybody about the revised elevations. New Business: A. New Site Plan Project: Fire Station #4 (NWSP 03 -024) Agent: Engineering Department Owner: City of Boynton Beach Location: 1919 South Federal Highway Description: Request for New Site Plan approval for a fire station on a 1.90 -acre parcel in a PU zoning district Ed Breese, Principal Planner, gave the highlights of the Staff Report. The parcel is currently occupied by the Hayes Clinic, which will be demolished as part of this project. The City proposes to construct a one -story, 8,200 square foot fire rescue station to better serve the southeast area of the City. The project consists of approximately 4,500 square feet of operations, office and living space and nearly 3,700 square feet of apparatus bays to house the trucks and equipment. The Technical Review Committee (TRC) has reviewed the request. Staff recommends approval, contingent upon all comments indicated in Each .it °C ", Conditions of Approval, and contingent upon the approval of the Community Design Appeal (CDPA 03 -003) for Overhead Doors associated with this project, which is the next item on the agenda. Mike Flaherty, of CH2mHill in West Palm Beach, stated that they were in agreement with all the Conditions of Approval. Chair Finkelstein opened the floor for public comment, closing it when no one wished to speak. Motion Mr. DeMarco moved to approve the request for New Site Plan approval for a fire station at 1919 South Federal Highway. Mr. Tillman seconded the motion that carried unanimously. B. Communitv Design Plan Appeal Project: Fire Station #4 (CDPA 03 -003) Agent: Engineering Department Owner: City of Boynton Beach Location: 1919 South Federal Highway 4568 C.1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Description: Request for an appeal of the Land Development Regulations Chapter 9, Section II.J, to permit overhead bay doors to face Federal Highway for Fire Department apparatus bays. Ed Breese, Principal Planner, stated that this was related to the Fire Station that was approved in the previous item. Based on the analysis contained in the Staff Report, staff recommends approval of this request to locate the overhead bay doors facing Federal Highway. Chair Finkelstein opened the floor for public comment but hearing none, closed it. Motion Mr. Barretta moved to approve the request for an appeal of the Land Development Regulations, Chapter 9, Section II.J, to permit overhead bay doors to face Federal Highway for Fire Department apparatus bays. Vice Chair Heavilin seconded the motion that carried unanimously. VII. Director's Report Chair Finkelstein asked that the Board remove agenda backup pages 4477 and 4478. (Later in the meeting, Commissioner McCray stated that these pages were not shown on the agendas provided for the audience and that the public needed to know what item was being removed. Chair Finkelstein responded that the item was a request from a cruise line who wanted docking rights at the Marina, something over which the CRA has no control.) Mr. Hutchinson provided the Board members with an Update report in their agenda packets. Mr. Hutchinson stated that the new survey for businesses downtown was given to the Board. The survey was staff- generated. Staff will be asking for the Board's direction in February to send that out. He asked for input from the Board. The logo and Website are underway. Staff sent out some additional loge?, „revisions and will contact the Board members for their direct input. Ms. Vielhauer distributed copies of e-mail from The Urban Group (TUG), who are working on the MLK acquisition with Dale Sugerman. Mr. Hutchinson related that this E -mail was given to the Board for purposes of information and that it outlined the process, as understood by TUG and Dale Sugerman. Mr. Hutchinson asked the Board members to let him know if they needed clarification or more information on this process. Ms. Vielhauer also distributed a copy of a Press Release about the Development Regions Grant Program that the CRA had taken over from the County. This is a once -a -year cycle. A line item for a match is already set aside. Nothing will happen unless an application comes in. The intent of the press release was so that the media could get the word out. He encouraged the Board members to spread the word as well. The application "window” is from January 21, 2004 to February 24, 2004. 4569 The Board members were also given an update from Jonathan Ricketts on the initial review for the Boynton Beach Boulevard Extension, Promenade, and Riverwalk Projects. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 In regard to the logo issue reported on earlier, Vice Chair Heavilin asked if the logo and the wayfinding sign would be the same. She believed that consistency would be appropriate. Mr. Hutchinson stated that the logo on the wayfinding represents the City's logo and is not necessarily that of the CRA because it was anticipated that the sign program would be used throughout the whole area. Mr. Hutchinson stated that a topic of discussion and input was how closely the CRA's logo would mimic the City's. Vice Chair Heavilin asked about the Genesis Business Program. According to Mr. Hutchinson's notes, the CRA is considering the Chamber, the CRA and in -house services, and Vice Chair Heavilin wanted to know what Mr. Hutchinson considered the Chamber's involvement. Mr. Hutchinson stated that this was being worked out right now. They were rewriting the Genesis narrative. Rough drafts have been done and it will be before the Board in February. The first step is the survey that has to be sent out in order to collect the information. Staff is working with the Chamber about how mentors get put in place and similar topics. Mr. Fenton brought up the topic of the scarcity of space in the current CRA offices. He wanted to see the CRA work with the Chamber to use the Chamber's conference room. He thought that if the CRA staff eliminated its current conference room, there would be much more room. Mr. Hutchinson stated that they do use the Chamber's conference room but still need a room where staff can work on things in a quiet setting. Chair Finkelstein stated that he would not be opposed to having partitions and walls put up. Vice Chair Heavilin commented that they probably needed to look for more space. Mr. Fisher acknowledged that the CRA office was too small but did not want to get into a large investment because he felt it would only be temporary. He encouraged staff to work out a schedule for the use of the Chamber's conference room and the City facilities also. Mr. Fisher referred to the Multicultural Winter Carnival, saying that it was nice to see BODA members selling tickets and to see the partnerships between City staff, the CRA, and community members. He mentioned that the Sun Sentinel had worked with the City on many of its events. He could not find anything about this event in the Palm Beach Post, with apologies to Gariot Louima from the Palm Beach Post, who was in attendance. Mr. F�is r suggested that the CRA partner with entities like the Sun Sentinel who had put forth a lot of effort for the City. Mr. Hutchinson stated that the Sun Sentinel was a major contributor to the Heritage event. Mr. Fisher referred to project management or GANT flow charts in the Director's Report Update and wanted to make sure that each issue had a name associated with it, for purposes of accountability and so that the public would know whom to call. This would help identify any bottlenecks. VIII. Old Business A. Consideration of the Ocean District Plan (Tabled 12/9/03) 4570 Motion Mr. Tillman moved to remove the Ocean District Plan from the table. Vice Chair Heavilin seconded the motion that carried unanimously. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Chair Finkelstein asked Planning & Zoning staff the status of the Board's request for staff to work with RMPK on aligning the various projects due to the overlap in the Boynton Beach Boulevard Study and the Ocean District Plan. Margelly Beltran, Urban Designer in the Planning & Zoning Division, stated that she had made the changes that the Board had requested at the last workshop for this topic. In regard to aligning the overlapping districts, she had spoken to the consultant at RMPK, who said that a hold had been put on the Boynton Beach Boulevard Corridor Effort. Mike Rumpf, Director of Planning and Zoning, stated that due to the amount of work that had been done on the Ocean District Plan as a whole, and the fact that taking part of it out could really not be done cleanly, he thought it best to adopt it and make any necessary amendments later, after more progress had been made on the Boynton Beach Corridor Study. Mr. Fisher wanted to clarify the issue for the public and Chair Finkelstein did so, saying that the Boynton Beach Boulevard Corridor covers the area from 1 -95 to Federal Highway but due to a misunderstanding, Phase 1 of that Corridor Study only went to Seacrest Boulevard. The Board gave direction to the consultant to continue the Corridor all the way to Federal Highway, making it one Corridor. A portion of the Boynton Beach Boulevard Corridor happens to overlap a portion of what was previously called the Ocean District. Chair Finkelstein agreed with Mr. Rumpf about waiting to make these and possibly other boundary changes later. Mr. Hutchinson commented that an overview had to take place that made sure that all the areas were tied together. Motion Mr. Tillman moved to approve the Ocean District Plan to update the CRA Master Plan. Mr. DeMarco seconded the motion. Mr. Fisher asked for and received confirmation that when the Boynton Beach Boulevard Corridor Plan was completed, it would supersede the portions of the Ocean District Plan that were in conflict with it. The required boundary changes will be made. _ The motion carried unanimously. B. Discussion of Disciplinary Action for the Director Chair Finkelstein stated that the Board had been given a letter that the Director and his Attorney offered to the Board to settle the dispute. It is a written reprimand suggesting that it be put into Mr. Hutchinson's personnel file. Mr. Hutchinson stated that as a point of clarification, the letter of reprimand had been generated, per the minutes of the meeting, by the CRA's attorney and checked back and forth between the CRA's attorney and Mr. Hutchinson's attorney. That was the direction that the Board gave the Board Attorney. Attorney Payne stated that she had worked on the original draft and then it was negotiated back and forth. Chair Finkelstein did not recall reading anything in the minutes that the Board directed this. He thought that was merely a motion for a discussion on disciplinary action. Mr. Hutchinson stated that it also said to bring back ideas for that and this letter of reprimand was an idea. Chair Finkelstein clarified that the CRA Board had not generated the letter of reprimand. Chair Finkelstein said that the discussion would be whether this letter of reprimand was what the Board wanted to accept as its disciplinary action, or whether there was another direction in which the Board wanted to go. 4571 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Chair Finkelstein commented that one of the Board members had asked about the attorney's fees involved with this and they amount to $5,000. Vice Chair Heavilin said that she had asked for this during the discussion of the repayment. Mr. Barretta stated that he found the proposed letter of reprimand to be an acceptable solution. Chair Finkelstein stated that he would rather see some kind of probation period be added to it. Mr. Tillman referred back to the motion at the December 9 meeting of the CRA. He read the motion and in it, Ms. Hoyland had stated that the Board would consider disciplinary action at its January 13 meeting, after they had an opportunity to review the manual as to how the procedure was to be handled, and that the Board Attorney would assist by providing options. In the first place, there was no administrative procedure or manual to cover this. Mr. Tillman thought that an administrative procedure with directions to follow had to be put in place. In reference to a probationary process, where does that process come from? In the absence of such a procedure, Mr. Tillman felt that the Board should move forward with an amiable solution in terms of the letter of reprimand. Also, the Board needs to move forward to cover themselves in the event that something like this happened again and so that the Board did not have to make any arbitrary, capricious moves toward anyone. He felt that the Board had gone too far in its previous meeting on this topic and that to move further in that direction would be to create a situation in which the Board would have liability. Mr. Tillman then addressed a need for a standard of decorum for the way in which the Board members conduct themselves during their meetings. Chair Finkelstein stated that Mr. Tillman's comments about the lack of a manual did not coincide with Chair Finkelstein's understanding of the matter. He believed that the Board had a variety of options available to them since Mr. Hutchinson is a contract employee. Chair Finkelstein asked the Board Attorney to comment on this. Attorney Payne stated that the manual was the Human Resources Manual, which is in existence. That does not apply, however, to Mr. Hutchinson, since he is .a_ pontract employee. Many of the provisions of the H.R. Manual were incorporated into the contract but not all. The ones pertaining to discipline were not incorporated into the contract. Therefore, the Board is not restricted by those limitations. She believed that this was the manual that had been referenced. Mr. Fisher stated that some of the issues that had been discussed by the Board at its previous meeting would not be in a manual. There are guidelines in the laws of the State of Florida and the Sunshine Law, which are not in the CRA Handbook because they supersede it. It is a contract employee issue. It is understood at this time where some of the mistakes were made. He did not excuse them, but thought that since Mr. Hutchinson was to some degree an at -will employee because he was under contract, any kind of probation would not work in his case. If the Board wanted to make different choices it could. He suggested that the Board take the backup information from the entire issue and include it in Mr. Hutchinson's personnel file for future reference if need be. If the problem continues, the Board can bring it up at a later date if desired. Other than that, the two choices are: 1) accept the letter and nothing in the personnel file, or 2) approve the letter, include the backup in the personnel folder, accept the repayment from the director. His recommendation would be to include the backup material in there so in the future, there would be reference in the folder as support. 4572 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Chair Finkelstein clarified his request for a probationary period. He stated that there were clauses in the contract for misconduct. If that is not identified in the letter and a probation period given based on that misconduct as defined in the contract, while he may be an at -will employee, there is still the risk of severance pay. If the contract clause for misconduct were used, severance would not be an issue. If this type of conduct were to happen again, it would be the second time and there would be no issue as to whether it fell under that clause of the contract. He did not make it up or pull it out of the air. It is to follow a procedure that is commonplace in Human Resources issues so that there is a written warning in addition to the reprimand and, therefore, a probationary period. If something like it happened again, there would be cause for termination without severance. Mr. Fisher asked the Board Attorney about his suggestion of having the backup material included to cover the issue so if at a future date the Board should want to be specific to whatever is in the contract, the Board would have this as backup information. He asked if that would work or whether they needed to be more specific as Chair Finkelstein had suggested. Board Attorney Payne said that the two concepts were different. The Board could include the rest of the backup material with the written reprimand, or it can be put in as is; however, anyone seeing the letter would surely want to see the rest of the backup information. It makes it a little stronger to put it in there but she believed that Chair Finkelstein was thinking of another concept of probation. Mr. Fisher said that to put a probation period on it means that it can be done after the 90 days. He wanted to have the backup information included for possible use in the future. Board Attorney Payne said that this backup information could be included in the Personnel file. She did know that it made it any stronger for the Board to refer to it because they all knew what happened and saw the backup. Mr. Fisher said that Boards change and that he wanted to get as much information in the file as possible. Vice Chair Heavilin thought that a written reprimand was in order but that the wording on the proposed one was a bit weak. She wanted to see some things added. •WA- ere the proposed letter says "embarrassing position," she wanted to add the words, "at risk." It could have been more than embarrassing. She also wanted it to say that it would serve as a written reprimand for serious misconduct. Chair Finkelstein said his only goal was to protect the CRA. It was the Board's job to manage its employees and protect the CRA. The contract affords the Board options all the way from termination to doing nothing. He suggested using the letter as a basis but thought it could have been worded a little stronger. His reason for the probation period was a little different than Mr. Fisher's concept and that was to protect the CRA from having to be forced to pay out funds for severance pay in case there were to be a termination for another reason later on. He referred to the comments about not having the policies in place. He stated that they did. When a person is hired and given the rules and regulations, and when public documents are signed and faxed to someone and not kept, that is a violation of those laws. That has nothing to do with policies that might be in place. It is simply the law. That is what somebody at this level of employment and this type of employment in a public agency should know and certainly those types of documents are given to you when you come on board. They all got their Ethics rules, the copies of the CRA laws, and the public records laws. He would agree with the letter if the language were made stronger. To him, it 4573 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 was a serious issue. It cost the Board taxpayers' money. He felt there was misconduct involved. He was not pointing fingers. The Director stepped up and agreed to repay it and the Board had agreed to the Promissory note. He wanted to move on but a letter needs to go in the file and it needs to be a little stronger in order to protect the CRA, not to hurt the Director. Mr. Fenton disagreed with almost everyone. He thought the letter was too strong. He thought there had been a lot of misinformation. He thought it had been a press- driven issue involving sloppy reporting, and inflammatory reporting. When he looked at the reports, he found that the woman had taken the papers from the CRA office without authority and if there is any reason for investigation he would think that would be one. He found it very hard to believe that a man with Mr. Hutchinson's experience would have signed that form. If he had seen the front page of the factoring form, I cannot believe that he would have signed it and basically, that is what we are talking about. Hearing it from other sources than the Director himself, he would not believe it. He thought that by reacting to the press, the Board had created a lot of the embarrassing position. He was willing to accept the letter as it is but did not want to make it stronger because he did not think it was warranted. Mr. DeMarco said they were getting involved with the past. He understood it was a mistake. It was not a matter of someone being guilty of something. He did not think anybody really knew that. He believed the Board should put the issue behind them. The Board was moving in the right direction and was the most aggressive CRA in Palm Beach County. Mr. DeMarco credited Mr. Hutchinson, his staff, and the Board with a lot of accomplishment. They were all going in the right direction. If the Board wants to adopt new rules legally, that would be fine. He did not agree with making the letter any stronger and did not understand that. He stated that the Board was going in the right direction, he loved Boynton Beach, he loved the City Commission and that was why he was here. To drag this matter out was incomprehensible to him. Mr. Barretta echoed Mr. Fenton's and Mr. DeMarco's comments. He was willing to accept the letter just to put this behind the Board. He felt the Board had more important things to do as a Board. Motion Mr. Fenton moved to accept the letter of reprimand. Mr. Tillman seconded the motion. Vice Chair Heavilin stated that she thought it was important, as stated by the Chairman, that to protect the CRA, the reason for the written reprimand should be stated and it was not in the current wording of the letter. She asked if Mr. Fenton wished to include that in his motion. He responded that he did not. The motion passed 4 -3, Chair Finkelstein, Vice Chair Heavilin, and Mr. Fisher dissenting. IX. New Business A. Presentation of Bovnton Beach Boulevard Corridor Plan Mr. Hutchinson apologized because the consultant did not come to the meeting to make this presentation; he did not know why this occurred. 4574 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Chair Finkelstein stated that he was willing to wait until the second half was completed before hearing another presentation. When they receive the draft that includes the second half, the Board could have a workshop on the entire Corridor and see how linkages fit together, make comments, and finalize the Plan. Mr. Hutchinson thought the consultant had done a great job so far. He also felt that some issues needed to be resolved because the Study could not be acted on by anyone with the issues that were in front of the Board on the right -of -way issue. He agreed that it would be prudent to wait until the second half of the Study was completed before reviewing it again. Mr. Hutchinson also put in writing the request for a new scope of work for the different segments of the Plan along with a timetable. He will find out why the consultant did not appear at this meeting. B. Consideration of Wav Finding Contract Mr. Hutchinson stated that the contract that was before the Board for signature had been cut down to a bare minimum of 16 signs. The budgeted amount of $51,847 was $10,223 short of the contract price of Not -to- Exceed $62,071. Staff has identified a line item in Miscellaneous that has funds if the Board wished to do this without going into the Reserve. He stated that the Board was looking at a go or no go on the sign program and the Board needed to pick the color for the Boynton Beach Boulevard district. Richard Golber of Guidance Pathway Systems, Inc. offered to answer any questions. A life - size sign with the actual proposed material (except aluminum) was displayed on foam board in the Chambers. Interchangeable "tops" with different colors were shown as well. The life -size sign will possibly be displayed at City Hall so that the public can become aware of it. The color chart that they provided was a result of a request of the Board to come back with a palette of colors that would be complementary to the colors in the logo. He stated that the sailfish logo was as fine a logo as he had seen anywhere in the State of Florida. Chair Finkelstein thought there were a couple of signs that could be elfrrated to ease the cost/budget disparity. He was a little concerned about consistency because there were a few places where they were using Town Square and others where they were using Civic Center and Library and Museum as opposed to Town Center. One sign leads people down to the Boynton Beach Boulevard Promenade to the Marina area that would be premature, as people would now have to drive down a dead -end road. He suggested that eliminating the 1 -95 to the Beach sign could save $2,500 in the contract price. He was in favor of starting the contract. Bob Trescott of Guidance Pathway Systems, Inc. stated that he was aware that the legends were not 100% complete and that it was not unusual that the legends needed to be fine - tuned. Mr. Hutchinson said that this family of signs was comprehensive and the City could piggyback on it and take it throughout the entire City. Jeff Livergood, Public Works Director, and Laurinda Logan of Engineering have been part of the process and making comments. It was not just a CRA proprietary issue but uses the City logo and colors to have consistency. Vice Chair Heavilin asked if the City could handle the installation to get closer to the budgeted figure. Mr. Hutchinson stated that this may be an option, but he thought that the Board wanted a turnkey deal. He believed that the Board did not want to impose on City staff and its 4575 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 schedules. He thought that the project should remain within the oversight of the CRA. Vice Chair Heavilin thought that made sense. Mr. Fisher wanted confirmation that the removable plate on the signs for interchangeability would be seen in the final product. Mr. Hutchinson spoke to Mr. Livergood and Mr. Livergood stated that the process they went through with the blanks was such that City staff, with City equipment, could do this. He will verify this to make sure. Mr. Fisher also asked for and received confirmation that the CRA was purchasing the design so that it could, if it so desired, outsource to another company later on. Mr. Fisher noted that it was a pilot project and suggested that the Board stay within the boundaries of the budget for that reason. It will change and evolve later on. He would rather see the contractor provide 14 signs instead of 16 if that would keep it within the CRA's budget. Mr. Golber stated that if the Board capped the dollar amount, the contract could be written that way and when they gave the CRA the signs to review, the Board could decide at that time which ones to leave in and take out. Mr. Hutchinson reiterated his earlier comment that since the sign company had not spent all of the Phase 1 budgeted amount, there was a carryover. The Chairman has the budget plus the carryover funds and the contract could be capped at that amount if the Board so desires. Chair Finkelstein said he had that document but he brought it up because the contract has a larger dollar amount that does not match what is in the budget. Chair Finkelstein asked the contractor to give the Board the numbers of the five colors that they were recommending: 1) PMS201 C, 2) PMS2685C, 3) 471C, 4) PMS343C, and 5) PMS462C. The original blue, which is the one they did not have an insert for because it was in the original sign, was 072 Blue. This is also the same blue that is in the structure of the signs. Mr. Fisher asked Chair Finkelstein and Mr. Hutchinson if the contract price exceeded the amount that had been budgeted, including the part not spent in Phase I. Both responded that the contract price was higher. Mr. Fisher said that for a pilot project, he did not want to borrow from another account. He wanted the contract to match what they intended to spend up to this point. The sign contractor suggested that they make the contract price the budgeted amount and get as many signs as they could up to that dollar amount. This would mean that they could take action tonight. Motion Mr. Tillman moved to approve the contract with Guidance Pathway Systems, Inc. for a price not - to- exceed the budgeted amount, and that the director remain in contact with the company so that we may be able to eliminate signs as necessary according to the needs of the Corridor. Mr. DeMarco seconded the motion. Mr. Hutchinson asked to have the budgeted amount called out in the motion, stating that the balance of the budgeted amount was $51,847.36. Mr. Tillman and Mr. DeMarco agreed with adding this figure to the motion. Mr. Barretta asked if it would be possible to get all sixteen signs for the budgeted amount. Mr. Golber stated that there were some areas pertaining to permitting and installation and so forth where there might be some flexibility and opportunities to save money. Mr. Golber stated that if 4576 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 they could find ways to save money and produce more signs for the same money, they would definitely do so. The motion passed 6 -1, Mr. Fenton dissenting. A RECESS WAS DECLARED AT 8:50 P.M. THE MEETING RECONVENED AT 9:02 P.M. C. Consideration of Facade Grant for Bovnton Delrav Academv Chair Finkelstein suggested tabling the item in case they wanted to come back to the Board's next meeting. Vice Chair Heavilin asked what would happen if the City Commission approved the project next week. Chair Finkelstein stated that the Board had not heard this item and the applicants had left the meeting. Motion Mr. Tillman moved to table the Consideration of a Facade Grant for Boynton Delray Academy. Mr. Barretta seconded the motion that carried unanimously. Vice Chair Heavilin noted that there were no fagade improvements detailed in the package. Chair Finkelstein stated that since it was a reimbursement grant, there was no outline of the exact fagade items for which the grant would be used. Mr. Fenton asked whether fagade grants could be made to non - existent structures and non- profit organizations. Chair Finkelstein did not believe there was an exception for non - profits in their guidelines, so it would be appropriate to grant money to a non - profit organization. Mr. Hutchinson stated that there was noting in the guidelines that said whether the structure was new or existing. D. Consideration of Facade Grant Application for Weiss Memorial Chapel Chair Finkelstein believed that the fagade grants were intended to address facades that were run down and in need of improvement. He said that was not a factor in the case before the Board. They were splitting the cost of an awning to a good - looking, renovated building and he was not sure that this was the intent of the program. Mr. Fenton inquired whether it had been approved by the City since he knew that the City had a problem with awnings. Vice Chair Heavilin pointed the Board's direction towards the Facade Grant guidelines on page 4498. It does say the purpose of the program is encourage commercial property owners to upgrade their properties by improving the external appearance of the business. It does not say that it must be due to deterioration. If the Board wished to change that, they would have to be more specific in the wording in the guidelines. Mr. Fenton stated that the applicant would not be spending money if he believed the appearance of the building was satisfactory. Mr. Tillman stated that if two requests were side -by -side and one was for a building that was deteriorating and run down and the other was for an upgrade, then the Board would have to decide which one to choose. He thought this needed to be tweaked in the guidelines. He did not see any reason not to grant it at this time. 4577 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Motion Mr. Fenton moved to approve the Fagade Grant Application for Weiss Memorial Chapel. Mr. Tillman seconded it and it passed unanimously. E. Consideration of Health Insurance for CRA Staff 2003 -2004 (Previously addressed.) F. Recommendation for Contract Chanae to Add Additional Services for Leaal Contract (Previously addressed.) G. Consideration of Releasina an RFP for an Architectural Model of the CBD Mr. Hutchinson stated that the CRA had been looking for this since it was created. They went out for a test to various companies and they found that depending on the level of detail, the prices ranged from $18K to $36K. They did not send out a scope of work, which they have proposed in the RFP, so this will be better defined. Mr. Hutchinson thought that this model would be very useful. This would be a scaling model, which means it would be done in block forms for the most part and not have a lot of architectural details. There were a lot of issues coming up in the guidelines, scale, how much public area, where the parking garage has to be in relation to other things. Staff recommends going out for an RFP that will be brought before the Board. When they look at the change from 45 feet to 168 feet and in particular when you have a construction crane of over 200 feet coming in, people need to be reassured that these setbacks will make sense and leave a lot of open street space so that Boynton Beach will retain some of its existing character. Also, when a new project comes in, they could say they did not want any design clash. Mr. Fisher asked why the City's GIS system could not be used. Mr. Hutchinson stated that this would be the base mapping and the layout for the model. Normally, this would be $50 -60K. They had high - resolution aerial photos on GIS right now for the downtown. They will be used as the base map and the model builders will put the model on top of that. They will get the scaling and heights from GIS. Mr. Fisher did not want to have a separate system taut would work with the City. Mr. Hutchinson agreed. Chair Finkelstein stated that they would be doing an actual model and would show size and massing, as opposed to GIS or an aerial photo, which are just flat pictures. Mr. Fisher said there was a lot of different data that he did not want to see in two different systems. Chair Finkelstein was not convinced that they needed it but would agree to going out for an RFP to see how much it would cost. Also, he asked if they had done an analysis of how big that model would be when made out of wood. Mr. Hutchinson stated that in the RFP that goes out, they would look at an option that goes all the way to Seacrest. It is about four foot by six foot in the Central Business District at a 50 - 1 scale. Part of that is they could only estimate it because their mapping paper at the City has boundaries to it. Part of what they would be asking for would be to provide a base and a transportable model and the ultimate size. The size affects the scaling and the price. Vice Chair Heavilin asked if it could be made available on disk so it could be sent out and distributed. Mr. Hutchinson said they were two different things. He also stated that lots of people said to go digital. When he looked it up on the Website, it was on a screen and he could not relate to it. Our GIS system does not take road level and show a building being up so high. 4578 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 Mr. Fisher asked if there would be an option that could be added to the existing software to do that. Mr. Hutchinson said no. Mr. Fisher said that what he was asking for does exist and could be purchased as desktop software. Mr. Hutchinson said that the City's GIS mapping did not have contour or height software with it right now and it would cost about $200K to add it to the current system. Mr. Barretta said that they should do a computer model, which would be much less expensive than the physical model and give some advantages. You could actually park yourself on a particular street and see what the base of the building would look like in relationship to its surroundings, something that cannot be done with a physical model. He thought this would be a few thousand dollars. Mr. Hutchinson stated that it was between $30 -40K for a level that matches. Chair Finkelstein said he would be glad to investigate this further and this option should be included in the RFP. Chair Finkelstein stated that the new CAD has flyby, 3D, and so forth. He agreed that it should be in the RFP. Mr. Fisher stated that the information should be taken out of the City's GIS system and imported back and forth. Mr. Barretta said that while you could not mandate that a person give you a physical model every time they do a new project, you could request them to give you a digital file. Mr. Hutchinson said there were some issues about proprietary designs. Everything is not done in CAD so it is simply a matter of whose rendering program you are using alongside your CAD. They could do that. Staff's point is that this RFP should go out. They had informally interviewed about eighteen firms so far. The budget line item for this is Miscellaneous Projects and it has ample funds for the program. Motion Mr. Fisher moved to approve release of an RFP for an Architectural Model of the CBD and to include digital as an option. Vice Chair Heavilin seconded the motion that passed unanimously. H. Wheels Weekend Mr. Hutchinson explained that the reason this item was not on the Future Agenda was that the CRA does not create these events by itself, but joint ventures them with other entities. When BODA's new slate of officers is in place in February, they will discuss this. BODA may wish to partner with the CRA and the Chamber may wish to partner with the CRA. Mr. Fenton asked if the previous event had been profitable. Chair Finkelstein thought that this was an event in which the Chamber was a large participant. Mr. Hutchinson said that there were two issues. Mr. Fisher requested that Ms. Diana Johnson give the Board the Chamber's point of view on this. Diana Johnson, President of the Boynton Beach Chamber of Commerce, stated that the Wheels Weekend began as a Chamber event with a single day's car show. She believed the second year it was expanded to include a second day with downtown events that tied into and complemented the car show event. The third year (last year) was successful. April 3 and 4 this year is slated to be the fourth year of the event. The Sunday car show will be at Bethesda Health City where it was the first two years. The Saturday event is planned for Ocean and Federal with a car cruise. She knew that the City's Recreation Department, to complement their 4579 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 event and Wheels Weekend, moved their big annual truck rally show to that Saturday, April 3, to be a third partner in the Wheels Weekend event. This helps on advertising and crowds. The truck rally would be on the west end of Ocean Avenue by the Civic Center and the Children's Museum and they thought the downtown event would be on the 500 block of Ocean as it had been, tying Ocean together for an all -day Saturday event. Mr. Fisher said, "Are we not participating with them ?" Mr. Hutchinson said that the CRA event on Saturday has been in conjunction with the Chamber, but each has a standalone budget and manpower. We do not take ownership of the Chamber's event. We got BODA in and cross - advertised so that the Chamber did not get money from us and we did not get money from them. We held events in cooperation with one another so that we did not deplete the funds of the Chamber and vice versa. Ms. Johnson said they partnered. Chair Finkelstein stated that those events were moving forward but a decision was being made as to where the third part of the event, the downtown portion, is going to happen and we are waiting for BODA to see if they are going to sponsor that portion. Mr. Hutchinson stated that this was correct. Mr. Fenton was glad it was brought back up and he believed it was successful. He liked to see the three different organizations working together to create a fun opportunity for Boynton Beach. He saw Kim Kelly of Hurricane Alley in the audience and asked her to come up and speak. Kim Kelly, owner of the Hurricane Alley on Ocean Avenue, stated that she was not currently a BODA Board member but was seeking a place on that Board and would encourage BODA to partner with the CRA. She believed that she was seeing the City of Boynton Beach, BODA, the Chamber, and the CRA working together for the first time. The goal was that all four entities would work together to hold events so they could be successful like Atlantic Avenue and Clematis Street. If the events were taken away, it would be a ghost town. They need to keep the events going and the events need to be combined because this is what makes it special and recognizable. Even if she does not make a lot of money during the special events, she gets something else of value — publicity. She wanted to see the Commissioners, the Mayor, the CRA Board members, and the Chamber Board members at the special events because everyone needs to support each other to bring about a thriving downtown. Mr. Fisher suggested that by consensus this Board direct staff not to take y a "stand back and wait and see what happens" stance, but continue to work to bring the four entities together for this event. Chair Finkelstein said it sounded like there were three willing partners but two of them have their own events and the missing event is the downtown and the CRA is not in the event business. If the merchants really want it, they need to step up. The CRA has been participating and giving money right along. Mr. Fisher said that it would help with the new BODA Board members coming in to know that this Board was behind the event. He wanted to make it clear to BODA that this Board wants to do the event again but needs BODA to do it. It sends a better signal to BODA because our staff will be saying, "We want to participate again. Are you ready ?" Chair Finkelstein said that he thought the Board had already said that and budgeted for it. Mr. Fisher said he believed they needed to reiterate it and direct staff to make sure, at the next BODA meeting, that the point comes across to BODA that the CRA has budgeted for it, is behind it, and wants to work with BODA on it. Mr. Fisher asked Mr. Hutchinson if he understood this and he responded that he did. Ms. Johnson thanked the Board for this consideration and reinforcement. X. Commission Action 4580 is Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 None. XI. Board Member Comments Promote Mars Spirit Lander- /Boynton Beach Hiqh School Proiect Mr. Fisher spoke of the Boynton Beach High School and the Mars Spirit Lander that had received a lot of notice in the newspapers recently. The high school is working with a high school in Gainesville on the Mars Lander project. Students in the CRA area have accessed information and actually worked on the project with NASA. Mr. Fisher wanted to see if there was an opportunity here for the CRA to promote the downtown area or something with science in the educational realm. There are not a lot of places in the United States that are currently working on this. Chair Finkelstein thought that the high school might wish to have a booth at an event. Chair Finkelstein asked about the HeritageFest and whether they might want to have a booth there. A comment was made from the audience about another possible venue for this, the upcoming South Florida Parenting Block Party being held in Delray Beach. Analvze Cash in CRA Account Mr. Fenton said that the Board approved a CRA financial audit and he thought it would be prudent to have the financial advisor, Huff and Company, do a financial analysis of the CRA's excess cash to see if the CRA could generate more income, while preserving liquidity. Chair Finkelstein that that the Board should take a look at all the funds such as the Promenade and Riverwalk, do some rearranging, and then see how that changes the financial picture. Mr. Hutchinson stated that this is why staff had prepared the cash flow analysis — to see what funds would be available and when. Mr. Hutchinson commented that Mr. Fisher had asked for an analysis of who was working on what project. He will have the cash flow and project analysis to the Board in 3 or 4 days. A discussion of this will be included on the March agenda. Mr. Hutchinson suggested having the financial advisor at the Board's February meeting, give him direction, and then in March the Board would be ready to take action on his recommendations. XII. Legal A. Report on the Agreement with the Director for the Repavment of the $9,000. (Previously addressed) XIII. Other Items ►f1=0" XIV. Future Agenda Items A. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (February B. Consideration of CRA Logo and Stationary (February) C. Consideration of Securing CBD Surface Parking Rights (March) 4581 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 13, 2004 D. Consideration of Pilot Program for Trolley Service in the CBD (June) XV. Adjournment There being no further business, the meeting properly adjourned at 9:45 p.m. Respectfully submitted, S L-k'SA N CO LU NS Susan Collins Recording Secretary (011504) 4582 20 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: February 2, 2004 Current cash accounts include the ending balance for the Operating Account $33,922.25, Money Market $6,904,436.28, and petty cash of $500. We received $5,368.99 in interest from the Money Market Account this month. BALANCE SHEET NOTES The Tax Collector should certify the Tax Rolls by March 2004. The CRA has received $1,341,015.00 from the City of Boynton Beach, which is 85% of our TIF portion from The City of Boynton Beach. The CRA will receive the additional 15% as soon as the Tax Rolls are certified or approximately $30,000.00 in additional funds. In addition, I have received a reimbursement check from the City of Boynton Beach for $46,537.71 for the expense related to the High School Task Force. Accounts Payable includes the following expenses incurred in November; Aetna Health Insurance $2,062.87, Kimley -Horn Associates, Inc. $10,500.00, Office Depot $34.84, Sun Trust $35.16, and City of Boynton Beach $267.67. These expenses will be paid on February 10, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $10,991.27, Accrued Salaries ($514.59), and Accrued Health Insurance ($274.94). 4583 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 all cash accounts as of the first of the month. Current Revenues received this month include $5,368.99 in interest and $1,314,015.00 TIF check from the City of Boynton Beach, which were put into the Money Market account. Currently the % of budget remaining should be at 66% of the total approved budget. The following categories are below the 66% due to the following reasons: 1. Legal — Over spent due to several unexpected legal issues, CRA Staff will be requesting a budget transfer in this category. 2. Contracted Services - Over due to RMPK Group contract is 80% complete and this is not a monthly expenses item. This is a one -time expense. 3. Audit — Over due to the cost of the audit is incurred at the beginning of the 2003- 2004 year. This is a one -time expense. ,_ 7 4. Maintenance & Cleaning — Over due to Relax Inn Lot mowing which is complete for the year. 5. Seminars — Over due to the cost is incurred at the beginning of the 2003 -2004 Budget for the Florida Redevelopment Association Cost. This is a one -time expense. 6. Office Supplies — Over due to the cost of the project books and planning and development books. 4584 CASH FLOWS STATEMENT NOTE The Cash Flows Statement lists the money received. The statement lists the checks by vendor paid out in the current month. 4585 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds January 31, 2003 Total Community Redevelopment ASSETS Cash and Cash Equivalents $ 6,938,858.53 Receivables $ 300.00 Prepaid Expenses $ 2,601.12 Inventory $ _ Fixed Assets $ _ Real Estate Relax Inn $ 869,209.96 RiverWalk / Promenade / BBB Extension $ . RiverWalk / Promenade / Land $ MLK $ _ 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 $ 13,725.68 Accumulated Depreciation -Furn. / Equip $ (3,056.52) Total Assets $ 7,821,638.77 LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable $ 12,900.54 Accrued Liabilities $ 10,201.74 Note Payable $ 2,752,345.10 Total Liabilities $ 2,775,447.38 Fund Balances: General Fund $ 3,295,835.16 Change in Fund Balance $ 1,750,356.23 Total Fund Balances $ 5,046,191.39 Total Liabilities and Fund Balances $ 7,821,638.77 MM Income Statement January 31, 2004 Revenue Current YTD Current Total Tax Increment Funds Tax Increment Funds: $1,341,015.00 $937,772.00 $2,278,787.00 Total Tax Increment Funds $1,341,015.00 $937,772.00 $2,278,787.00 City Funds City Transfer Funds $0.00 $0.00 $0.00 Total City Funds $0.00 $0.00 $0.00 Grants, Project Reimbursements Grant Funding $0.00 $0.00 $0.00 Total Grants and Projects $0.00 $0.00 $0.00 Interest Income Interest Income $5,368.99 $12,826.93 $18,195.92 Total Interest Income $5,368.99 $12,826.93 $18,195.92 Other Income Other Income $0.00 $4,170.00 $4,170.00 Total Other Income $0.00 $4,170.00 $4,170.00 Total Sources of Funds $1,346,383.99 $954,768.93 $2,301,152.92 4587 Income Statement Use of Funds Current YTD Current Total Debt Service Debt Service Principal Payment $0.00 $0.00 $0.00 Interest Expense Payment $0.00 ($5,071.11) ($5,071.11) Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $0.00 $0.00 Issuance Cost $0.00 $0.00 $0.00 Total Debt Service $0.00 ($5,071.11) ($5,071.11) Program Expenses Web Site Updates / Expansion $0.00 $9,950.00 $9,950.00 Printing & Promotional Programs $0.00 $0.00 $0.00 Police Programs $0.00 $0.00 $0.00 Transportation / Trolley $0.00 $0.00 $0.00 Festivals / Events / Bus. Programs $39.99 $18,576.02 $18,616.01 High School Project $0.00 $0.00 $0.00 Fagade Grant Program $0.00 $0.00 $0.00 Economic Incentive Program $0.00 $9,750.00 $9,750.00 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $39.99 $38,276.02 $38,316.01 Project Expenses Riverwalk / Promanage Project $0.00 $282,576.70 $282,576.70 HOB Commercial / Improvements $0.00 $0.00 $0.00 Way- Finding Signage $11,603.60 $6,729.66 $18,333.26 Marina Parking Garage $0.00 $0.00 $0.00 CBD Parking Site $0.00 $0.00 $0.00 Savage Creatures Complex $0.00 $0.00 $0.00 Miscellaneous Projects $0.00 $0.00 $0.00 Total Projects Expenses $11,603.60 $289,306.36 $300,909.96 General & Administrative , 1 Salaries & Contract Labor $16,290.00 $54,312.95 $70,602.95 Payroll Tax $1,267.38 $1,978.63 $3,246.01 Disability $174.60 $396.06 $570.66 Retirement 457 Plan $0.00 $0.00 $0.00 Accrued Time Off $331.71 $3,397.89 $3,729.60 Workers Compensation $120.32 $360.96 $481.28 Health Insurance $1,805.93 $4,109.89 $5,915.82 Life Insurance $0.00 $144.00 $144.00 Professional Fees - Audit $0.00 $5,900.00 $5,900.00 Professional Fees - City Staff $267.67 $1,536.68 $1,804.35 Professional Fees - Contracted Services $24,053.85 $45,369.09 $69,422.94 Professional Fees - Legal $15,975.35 $7,211.65 $23,187.00 Professional Fees - Maint. & Cleaning $340.00 $1,020.00 $1,360.00 Professional Fees - IT Support $0.00 $3,647.50 $3,647.50 Rent Expense $1,120.00 $4,480.00 $5,600.00 Telephone Expense $674.84 $1,244.28 $1,919.12 Electric Expense $0.00 $571.64 $571.64 Equipment Leases $402.25 $1,088.25 $1,490.50 Office Leasehold Improvements $0.00 $0.00 $0.00 • •� Income Statement ;. Current YTD Current Total Property/ General Insurance $68.12 $204.36 $272.48 Bonding Insurance $32.42 $48.10 $80.52 Professional Insurance $261.85 $785.55 $1,047.40 Promotional / Business Meeting $39.95 $258.24 $298.19 CRA Meeting / Presentation $0.00 $219.92 $219.92 Association Meeting $55.71 ($1.76) $53.95 Seminars $333.85 $4,208.25 $4,542.10 Mileage & Delivery Serivices $7.50 $225.81 $233.31 Car Allowance Director $276.92 $969.22 $1,246.14 Office Supplies $436.77 $3,890.35 $4,327.12 Office Expense $65.00 $298.52 $363.52 Office Equipment/ Furniture $0.00 $954.81 $954.81 Licenses, Fees, Permits $0.00 $204.00 $204.00 Membership, Subscriptions $274.00 $958.95 $1,232.95 Books & Publications $0.00 $194.50 $194.50 Advertising Expense $0.00 $0.00 $0.00 Career Development $0.00 $564.03 $564.03 Office Printing $46.03 $156.00 $202.03 Miscellaneous $8.40 $60.00 $68.40 Depreciation Expense $233.91 $701.73 $935.64 Interest Expense $0.00 $7.45 $7.45 Total General & Administrative $65,032.45 $151,874.41 $216,641.83 Total Application of Funds $76,676.04 $474,385.68 $550,796.69 Fund Sources in Excess of Application $1,269,707.95 $480,383.25 $1,750,356.23 ;. Budget to Actual Comparison January 31, 2003 eginning Balance Revenues TIF Taxes Grant Funding Interest Income Other Income Total Revenue Expenditures Personnel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term / Long Term Disability Workers Comp Health Insurance Life Insurance Total Personnel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office mt Expense done 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 I Licenses, Books, Publication Advertising & Public Notices Career Development Boynton Beach Community Redevelopment Agency Year To Current YTD 03/04 % of 2003/2004 Date Period Totals Including Budget Budget Budget Totals January Current Month Remaining Remaining 4,751,917.00 5,207,216.12 5,691,838.43 5,207,216.12 4,751,917.00 100% 2,361,158.00 937,772.00 1,341,015.00 2,278,787.00 82,371.00 3% 0.00 0.00 0.00 0.00 0.00 N/A 75,000.00 12,826.93 5,368.99 18,195.92 56,804.08 76% 0.00 0.00 0.00 0.00 0.00 N/A 7,188,075.00 950,598.93 1,346,383.99 2,296,982.92 139,175.08 207,500.00 54,312.95 16,290.00 70,602.95 136,897.05 66% 15,563.00 1,978.63 1,267.38 3,246.01 12,316.99 79% 9,375.00 0.00 0.00 0.00 9,375.00 100% 0.00 396.06 174.60 570.66 - 570.66 n/a 1,824.00 360.96 120.32 481.28 1,342.72 74% 16,800.00 4,109.89 1,805.93 5,915.82 10,884.18 65% 540.00 144.00 0.00 144.00 396.00 73% 251, 602.00 61,302.49 19, 658.23 80, 960.72 170, 641.28 68% 44,000.00 7,211.65 15,975.35 23,187.00 20,813.00 47% 6,000.00 1,536.68 267.67 1,804.35 4,195.65 70% 170,000.00 45,369.09 24,053.85 69,422.94 100,577.06 59% 7,500.00 5,900.00 0.00 5,900.00 1,600.00 21% 2,800.00 1,020.00 340.00 1,360.00 1,440.00 51% 13,360.00 3,647.50 0.00 3,647.50 9,712.50 73% 243,660.00 64,684.92 40,636.87 105,321.79 138,338.21 57% 14,112.00 4,480.00 1,120.00 5,600.00 8,512.00 60% 7,800.00 1,244.28 674.84 1,919.12 5,880.88 75% 1,875.00 571.64 0.00 571.64 1,303.36 70% 23,787.00 6,295.92 1,794.84 8,090.76 15,696.24 66% 4,356.00 1,088.25 402.25 1,490.50 2,865.50 66% 1,438.00 204.36 68.12 272.48 1,165.52 81% 350.00 48.10 32.42 80.52 269.48 77% 3,900.00 785.55 261.85 1, 047.40 ` 2,852.60 73% 5,688.00 1,038.01 362.39 1,400.40 4,287.60 75% 4,800.00 258.24 39.95 298.19 4,501.81 94% 3,000.00 219.92 0 219.92 2,780.08 93% 504.00 55.71 -1.76 53.95 450.05 89% 6,735.00 4,208.25 333.85 4,542.10 2,192.90 33% 1,080.00 225.81 7.50 233.31 846.69 78% 3,600.00 969.22 276.92 1,246.14 2,353.86 65% 19,719.00 5,937.15 656.46 6,593.61 13,125.39 67% 1,500.00 298.52 65.00 363.52 1,136.48 76% 7,500.00 3,890.35 436.77 4,327.12 3,172.88 42% 9,000.00 4,188.87 501.77 4,690.64 4,309.36 48% 1,250.00 204.00 0.00 204.00 1,046.00 84% 3,316.00 958.95 274.00 1,232.95 2,083.05 63% 500.00 194.50 0.00 194.50 305.50 61% 5,066.00 1,357.45 274.00 1,631.45 3,434.55 68% 4,000.00 0.00 0.00 0.00 4,000.00 100% 4,000.00 564.03 0.00 564.03 3,435.97 86% 4590 Budget to Actual Comparison Office Printing Expense 4,500.00 156.00 46.03 202.03 4,297.97 96% Miscellaneous Expense 500.00 67.45 8.40 75.85 424.15 85% Debt Service Principal Payment 134,925.23 0.00 0.00 0.00 134,925.23 100% Interest Expense 182,372.73 - 5,071.11 0.00 - 5,071.11 187,443.84 103% Debt Issue 1 200,000.00 0.00 0.00 0.00 200,000.00 100% Sinking Fund 20,000.00 0.00 0.00 0.00 20,000.00 100% Issuance Cost 60,000.00 0.00 0.00 0.00 60,000.00 100% Total Debt Service 597,297.96 - 5,071.11 0.00 - 5,071.11 602,369.07 101% Operating Expense 1,173,175.96 141,609.43 64,341.24 205,950.67 967,225.29 82% 4591 Budget to Actual Comparison 4592 Year To Current YTD 03/04 % of 2003/2004 Date Period Totals Including Budget Budget Budget Totals January Current Month Remaining Remaining PROGRAMS .ice Equipment / Furniture 2,500.00 954.81 0.00 954.81 1,545.19 62% Office Leasehold Improvements 1,500.00 0.00 0.00 0.00 1,500.00 100% Web Site Update / Expansion 10,000.00 9,950.00 0.00 9,950.00 50.00 1% Printing & Promotional Programs 17,500.00 0.00 0.00 0.00 17,500.00 100% Police Central Business District 175,000.00 0.00 0.00 0.00 175,000.00 100% Heart of Boynton 175,000.00 0.00 0.00 0.00 175,000.00 100% Total Police 350,000.00 0.00 0.00 0.00 350,000.00 100% Transportation / Trolley 150,000.00 0.00 0.00 0.00 150,000.00 100% Festivals / Events / Bus. Program 50,000.00 14,406.02 39.99 14,446.01 35,553.99 71% Fagade Grants 100,000.00 0.00 0.00 0.00 100,000.00 100% Economic Development Grants 50,000.00 9,750.00 0.00 9,750.00 40,250.00 81% PROJECTS Riverwalk/ Promenade Projects 2,150,000.00 282,576.70 0.00 282,576.70 1,867,423.30 87% High School Task Force Project 0.00 0.00 0.00 0.00 0.00 0% HOB Commercial / Improvements 600,000.00 0.00 0.00 0.00 600,000.00 100% Way- Finding Signage 50,000.00 6,729.66 11,603.60 18,333.26 31,666.74 63% Marina Parking Garage 1,050,000.00 0.00 0.00 0.00 1,050,000.00 100% CBD Parking Site 1,750,000.00 0.00 0.00 0.00 1,750,000.00 100% 0 , 1vage Creatures Complex 75,000.00 0.00 0.00 0.00 75,000.00 100% ;cellaneous Projects 50,000.00 0.00 0.00 0.00 50,000.00 100% TOTALS EXPENSES 7,629,675.96 465,976.62 75,984.83 541,961.45 7,087,714.51 Total Reserve Balance Before Debt - 441,600.96 5,691,838.43 6,962,237.59 6,962,237.59 - 2,196,622.43 Proposed Bonds 2,000,000.00 0.00 0.00 0.00 2,000,000.00 TOTAL RESERVE BALANCE 1,558,399.04 5,691,838.43 6,962,237.59 6,962,237.59 - � - 196,622.43 ,,. 4592 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE EVENUES TIF Taxes Boynton Beach Total TIF Taxes Interest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson Douglas Hutchinson Texas CS Unit Texas CS Unit 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 Aetna Health Insurance Comp Dent Corporation Total Health Insurance Expense Life Insurance Expense Total Life Insurance Expense ST / LT Disability Principal Financial Group Principal Financial Group Total ST / LT Disability Professional Fees - City Staff The City of Boynton Beach Total Professional Fees - City Staff Professional Fees - Contracted RMPK Group RMPK Group RMPK Group i "otal Professional Fees - Contracted Professional Fees - Legal Reimbursement for Boynton Seafood Goren, Cherof, Doody & Ezrol PA Total Professional Fees - Legal $ 1,341,015.00 $ 1,341,015.00 $ 5,368.99 $ 5,368.99 $ 2,115.83 $ 1,769.13 $ 461.54 $ 461.54 $ 1,442.62 $ 1,442.62 $ 1,312.22 $ 1,312.22 $ 817.62 $ 817.62 $ 7,070.17 $ 11,952.96 $ 7,070.17 $ 1,313.37 $ 38.22 $ 132.02 $ 174.60 $ 493.79 $ 867.89 $ 10,000.00 $ 3,900.00 4593 $ (425.00) $ 16,400.35 $ 1,351.59 $ 306.62 $ 493.79 $ 14,767.89 $ 15,975.35 $ 5,622,161.56 $ 1,346,383.99 Professional Fees - Maint. & Cleaning Green Team Pest Control $ 20.00 Stiles Landscaping $ 170.00 Cleaning Systems Inc. $ 150.00 Total Professional Fees - Maint. & Cleaning $ 340.00 Professional Fees - Audit Dufresne & Assoicates $ 5,900.00 Total Professional Fees - Audit $ 5,900.00 Rent Expense Gene Moore rent for Feb $ 1,120.00 Total Rent Expense $ 1,120.00 Electric FPL $ 172.51 Total Electric Expense $ 172.51 Telephone Cingular Wireless $ 68.21 Bell South $ 220.00 Bell South $ 220.00 FDN $ 195.27 FDN $ 191.60 Total Telephone Expense $ 895.08 Car Allowance Director Douglas Hutchinson $ 276.92 Total Car Allowance Director $ 276.92 Promotional / Business Meetings Sun Trust - Meetings $ 103.22 Petty Cash - Meeting $ 4.79 Petty Cash - Business Meeting $ 37.30 Total Promotional / Business Meetings $ 145.31 Association Meeting Petty Cash - Chamber Ecomonic Meeting $ 25.00 Total Association Meetings $ 25.00 Seminars Palm Beach County Days $ 250.00 Ft Myers $ 83.85 Total Seminars $ 333.85 Mileage & Delivery Federal Express $ 46.01 Total Mileage & Delivery $ 46.01 Membership, Subscriptions Downton Idea Exchange $ 184.50 HR Specialist $ 97.00 Total Membership, Subscriptions $ 281.50 Books & Publications Palm Beach Mag $ 19.80 Total Books & Publication $ 19.80 Office Expense SunTrust - Office Supplies Aqua Springs & Coffee $ 65.00 Sun Trust 4594 $ 44.57 Total Office Expense $ 109.57 Equipment Rental Pitney Bowes $ 64.05 Imagistics two months Total Equipment Rental Office Supplies Office Depot Office Depot Pitney Bowes Sun Trust - Postage Sold Disk Total Office Supplies Office Printing Printing Imagistic Delray Blue Print Total Office Printing Career Development Suntrust FGFOA Total Career Development Miscellaneous Super Signs Total Miscellaneous Festivals / Events / Bus. Pro / Banners Winter Carnival Winter Carnival Total Festivals / Events / Bus. Pro / Banners Way- Finding Signage Guidance Pathway System Guidance Pathway System Total Way- Finding Signage High School Project City of Boynton Beach Total High School Project Riverwalk / Promenade/ BBB Extension Total Riverwalk / Promenade / BBB Extension TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT $ 686.00 $ 750.05 $ 891.33 $ 494.50 $ 49.93 $ 200.00 $ (150.15) $ 1,485.61 $ 8.59 $ 91.18 $ 13.00 $ 27.00 $ 8.40 $ 55.04 $ 598.34 $ 112.77 $ 27.00 $ 8.40 $ 653.38 $ 9,729.60 $ 1,874.00 $ 11,603.60 $ (46,537.71) $ (46,537.71) 4595 $ 29,687.02 $ 1,316,696.97 $ 6,938,858.53 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Budget Transfer Requests DATE: January 15, 2004 Staff is recommending these Budget Transfer Requests for the following budget categories for approval at the February 10, 2004 CRA Board meeting. The Budget Transfer Requests are being adjusted for the following reasons: The Beginning Balance of available cash will be increased by $455,245 due to a decrease in actual spending in 2002 -2003. The Tax Increment Financing revenue was calculated at an 11 % appreciation projection for budgeting purposes in the 2003 -2004 budget. To date, the CRA has received the full County Tax portions, which was $13,349 greater than projected. The, of Boynton Beach has transfered 85% of the projected TIF income, which it has collected to date. The City of Boynton Beach will transfer the remaining portion as soon as the County Tax Collector certifies the Tax Rolls in March 2004. The Disability Insurance Budget Category was created late 2003 and as a result, staff did not have a budget line for this item. We are requesting the creation of the line item and $2,000 transfer for the Disability line item to cover the approved expense. 4596 Staff is asking to roll the carry over amounts from the 2002 -2003 Budget to this year in the following categories: Category Contracted Services Web Site Way Finding Sign Program HOB Commercial Land Acquisition Staff is requesting an increase of $32,742 for Legal Services due to a multitude of additional projects and issues covered by legal to date. As a result of the expenses, we are at a 63% draw down instead of a targeted 33 %. Attachments: Budget Transfer Form Proposed Amended Budget 4597 Proposed 2003/2004 Amended Carry Over Budget Budget $ 49,511 I $170,000 $219,511 $ 25,000 $ 10,000 I $ 35,000 $ 10,451 I $ 50,000 I $ 60,451 $246,000 I I $746,000 Staff is requesting an increase of $32,742 for Legal Services due to a multitude of additional projects and issues covered by legal to date. As a result of the expenses, we are at a 63% draw down instead of a targeted 33 %. Attachments: Budget Transfer Form Proposed Amended Budget 4597 BUDGET TRANSFER REQUEST To: CRA Board From: CRA Staff Number Description BEGINNING BALANCE 1 Beginning Balance 2 TIF Funding EXPENSES 2 Disability 3 Contracted Services 4 Web Site - Update and Expansion 5 lWay- Finding Sign Program 6 HOB Commercial Land Acquisition 7 Legal Services 8 Reserve Before Debt Issuance Use Whole Dollars Only Controller: a(l II i Ct (. 1 CRA Director: Date: February 10, 2004 * Budget Data Only Adjustment Resulting Present Increase Adjusted Budget (Decrease) Budget 4,751,917 455,245 5,207,162 2,361,158 13,439 2,374,597 0 170,000 10,000 50,000 500,000 44,000 (441,601) 51M. 2,0001 49,511 25,000 10,451 246,600 32,742 102,380 2,000 219,511 35,000 60,451 746,600 76,742 (339,221) — r ' p' p' p',, 04 0) N V V O O r O l N W) O x 1 0) 00 N N O O 01 CO O) 0o O n F 0on0le 01000 ' O r CO W 0om0000 OCO000000 C'9 of Or0nT-M nr1[>W14tWM x00)00 rrC9000 O O T- CM I�rOOP 0o q Nn0'O I LO N V—: V C6 4 NMIO)4O N IO O N O O�tCAc0 O�tCDOm C'9 nLn 01 00 01 O 'N 0) O� NC'9��rnO OV r N 00NChet NM OCh n L — T T r N Lf) M LD C+1 N N' N — — _— I_— df 6!6A6R 6969 Ef!V!696?iR69 — ER 696969 d!4?69 -- V!(R 6R f9 6964%6). 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E t o ayi ° ~ `� J S c c C7 >> a` i° � O'0 21 R m oI 3 E mfA 0� �1, U' W N m O (� OC au� a0 aa) c �o� >my'�'c O O mm�o,Y�o�iaa p,Q g(A y p z O �W LU m N (7 N 3c zT a) m a w J _ cm mm io w��a�m r y C7 . 0 0 mo o U) c c OC Eo1.5 a cu 0'. ° E a Z L U o > o c n m (a m o. ¢ C7 Z W m m Q H Z ~� a) CD .c a) O y > m .. .• Q U E ll c M O_ CM (/J a Q K O W W m z Q m i a= OU= d m C: . y c O �i �i a) as V 8 t- O U m m m > '- 0 0> r ci wm00 ° Comm Cu .0 •L H O a J W J � m U O V Z Qw ` W �o CL F (LLLLLI m OcoZ :M: U(n=m m U W— o- a -- ---- - - - - -- y— a----- - - - - -- y 0 O Lu O a m m 4601 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Guidance Pathway Systems, Inc.: Sets of Approval Packages Date: January 28, 2004 We have attached the most current sign approval package from Guidance Pathway Systems, Inc. for your review. These packets were delivered for the CRA to assign colors for the Districts. Those names and colors are to be used on signs and the choices for legends that appear on the signs. Staff is suggesting the following colors to correspond with the Districts: Note that the colors were chosen by the Board, however, they were not assigned to specific Districts. MLK Corridor — Gold — PMS # 471 C Boynton Beach Boulevard — Blue — PMS # 072 Ocean Corridor — Red — PMS # 201 C Town Square — Brown — PMS # 462C Marina District — Green — PMS # 343C Unassigned Color — Purple — PMS # 2685C Once we have assigned the areas' colors, verified area names, directional legends, and receive Board approval, Guidance Pathway Systems, Inc. will begin signage manufacturing. Please note that in order to stay consistent with the sign program which identifies districts or areas instead of specific buildings, we need to remove "City Hall" on sign 30C. We use "Heart of Boynton District" and "Ocean District" as points of destination. However, the Way Finding Signage program would be used to send travelers, tourists, business people, etc. to specific areas and not into general "neighborhoods." I would suggest that the Heart of Boynton District be changed to MLK Ave. Corridor, Ocean District to Ocean Ave. Corridor and Boynton Beach Blvd. District to Boynton Beach Blvd. Corridor. 4602 Doug Hutchinson rRA City of Boynton Beach 639 East Ocean Ave. Boynton Beach, Florida 33435 Tel #561 -737 -3256 Dear Doug, J GUIDMCE PATHWAY YSTEMS, INC GuidewaySigns' 1 -26 -04 Enclosed please find the 10 sets of sign approval packages for your review. Please note we have used the color green for all districts, once you have selected the district colors we will redo with the appropriate district color. Signs that are not associated with a specific district will not have a district name or color in the message panel, the top arch will have the dark blue PMS# 072 color as shown in sign #: 24C and 23A. The Districts (per your August 27th, 2003 letter) are as follows: Heart of Boynton * Boynton Beach Boulevard District Ocean District Town Square Marina District * Please note we will need to shorten "Boynton Beach Boulevard District" in the district name area to: "Boynton Beach Blvd. ", in order to fit in the district name area. If you have any questions please call. Once you have selected the district colors, verified district names and directional legends we will resubmit them for final approval. Best reds, 4603 Susan Strem el Senior Graphic Designer Susan Strempel Tom: Bob Trescott [bob @wellcommunity.org] Sent: Friday, January 23, 2004 4:50 PM To: vielhauers @ci.boynton - beach.fl.us; hutch!nsond @ci.boynton.fl.us Cc: Sue Strempel; RGolber @aol.com Subject: Next to last review of Phase I 19 ATT00002.htm image001.jpg image002.jpg Susan and Doug Susan Strempel is preparing 10 packages for delivery by noon on Tuesday. They will be in the format that we use for final review when all elements and content is set - for production. In this case, you will be using these documents to facilitate your next to last set of choices: Exact names and colors to associate with the five districts The convention for when those names and colors are to be used on signs The choices for legends to appear on each sign otes: The district names indicated on the review sheets reflect their general location in the absence of a formal convention for their use. The districts are not separately color coded since the colors have not been assigned. You have color sheets with 10 colors that were prepared from the actual sign materials and inks to facilitate color selection. Choices should be made to provide clear differentiation among the colors both in tint and intensity. Richard Golber had recommended the use of: PMS 201 C, PMS 348C, PMS 343C, PMS 2685, and PMS 471. The original concept was to delineate districts and to identify those districts by the use of colored name panels on the signs within those districts. Also, signs outside of the districts would provide arrow directions to the districts. Then, at and within the districts, the directional legends would begin to refer to individual destinations. This hierarchy accommodates the reality that all destinations cannot fit on all signs. As the original sign plan went through its various revisions, and signs were dropped out, the logic of hierarchy of directions wasn't maintained and requires review. The legends on the review sheets reflect your last changes to the signs chosen and may not be optimal for wayfinding. an make myself available on the telephone for a conference call as you review the individual legends, if you desire. Once the colors, district names, and legends are submitted, we will 4604 prepare them for final review before production. Thanks for working through this process with us. Bob Trescott AICP SEGD 907 Harbert Street Tallahassee FL 32303 -6416 Office 850 - 222 -1538 Fax 850 - 222 -7838 Cell 850 - 321 -8737 <mailto:bob @wellcommunity.org> bob @wellcommunity.org 4605 Gateway Sign Unit: 60" x 95.375" Sign Sign #: 14 Single Sided Approved By: Date: �. q Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 30C Single Sided Approved By: Date: q - �—,, Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 31 D Single Sided Approved By: Date: Txwar we Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 30A Single Sided Approved By: Date: 9§ EF", Large Directional Sign Unit: 44.75" x 91.976" Sign Sign# : 31 B Single Sided Approved By: Date: Y Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 31 A Single Sided Approved By: Date: �. qi �� Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 24B Single Sided Approved By: Date: r we Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 24A Single Sided Approved By: t• r Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 24C Single Sided Approved By: Date: qiEEI:, Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 24D Single Sided Approved By: Date: qaEFI Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 23A Single Sided Approved By: Date: aarxwar Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 23B Single Sided Approved By: Date: r Large Directional Sign Unit: 44.75" x 91.976" Sign Sign #: 39B Single Sided Approved By: Date: r MEMO TO: FROM: SUBJECT: DATE: CRA Board Susan Vielhauer Recommendation of members to be selected for the Evaluation Selection Committee to Review the Central Business District Massing Model Services RFP. January 28, 2004 Staff is recommending the following people for the Evaluation Selection Committee (ECS) to review the Central Business District Massing Model Services Request for Proposals (RFP). This Committee will review received RFPs, rank them, and make a recommendation to the CRA Board. Douglas Hutchinson CRA Director Jim Barretta CRA Board Member Jose Aguila Architect, Robert Currie & Partners Steve Myott Architect, Quincy Johnson Dick Hudson Senior Planner, City of Boynton Beach The ESC Committee will meet February 24, 2004, review the RFP, and make their recommendations to the CRA Board at the March 9 th meeting. 4619 MEMO TO: CRA Board FROM: Doug Hutchinson SUBJECT: Consideration of Burkhardt Construction Contract Amendment for Change Order #3. DATE: January 28, 2004 Attached is the Change Order #3 from Burkhardt Construction for the temporary lot at the Relax Inn location for the Boynton Beach Boulevard /Riverwalk/ Promenade Project. This cost is one -third less than the previous estimate due to City cooperation on permitting. We would need to proceed on this item as soon as possible. Legal Staff has reviewed the documents and approved them. 4620 EXHIBIT F CMkNGE ORDER CFLkNGE ORDER NO. 3 CONTRACT N0. BBB 2003-1 TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: JANUARY 12 2004 BOYNTON BEACH BLVD. EXTENSION, PROJECT vAtiIE PROMENADE AND RIVERWALK PROJECT PROJECT NO. BBB 2003 -1 Under our AGREEMENT dated JUNE 26 Vii) 03 :k : %:ie :K :k * :4 :k x *!K :k :K :k x :k :[ :< x x M :% I** '-k :k You hereby are authorized and dirt cted to make the hollowing change( s) in accordance ­ ,yith terms and conditions of the Agreement: ` ONE — HUNDRED FOUR THOUSAND, FOR THE I Additiv e) l Deducti . e i Sum ot; SEVEN HUNDRED, FIFTY TWO & 00/100 (S 104,752.00 Original Agreement __\ "nollnt 115,800.00 Sum ofPrevious Changes 636,330.00 This Chance Order t _-add) i Deduct S 104,752.00 Present Agreement Amount 5 856,882.00 The time for completion shall '�e (increased./decreased) by ninety 90 ) calendar days due to this Change Order. Accordingly, _he Contract Time is now N/A (" calendar days and the Final completion date is N/A . Your acceptance of this Change Order shall 4621 45 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. Accepte 20 By:_ Con Factor By: Architect /Engineer By: Owner 4622 .o Contract Proposal Change Order #3 Updated Through January 12, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, Fl. 33401 Aft: Dennis E. Haynes Tel: (561) 659 -1400 Fax: (561) 659 -1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Aft: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 Project: C.R.A. Project # BBB2003 -1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Relax Inn Site Improvements Engineer: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Fl. 334070 Plans: None Item Description Quantity Unit Price Amount Mobilization/ General Conditions $ 8,400.00 Move -in, Move -out" 1 LS Supervision 1 LS Layout 1 LS Testing 1 LS Bond Premium i LS Insurance Overhead 1 LS Maintenance of Traffic $ 700.00 Maintenance Of Traffic 1 LS $ 700.00 $ 700.00 Clearing and Grubbing $ 2,000.00 Site Clearing Grubbing And Disposal 1 LS $ 2,000.00 $ 2,000.00 Grading $ 3,750.00 Site Grading 1 LS $ 3,250.00 $ 3,250.00 Final Dressing/Cleanup 1 LS $ 500.00 $ 500.00 4623 Storm Drainage $ - None Anticipated Subgrade, Base & Asphalt $ 62,902.00 Parking Area /Storage Yard Base 2450 SY $ 7.50 $ 18,375.00 8" Umerock Base (Access Road) 2090 SY $ 11.30 $ 23,617.00 12" Compacted Subgrade 4540 SY $ 1.50 $ 6,810.00 Asphalt, 1 1/2 In. (Access Road) 175 TON $ 70.50 $ 12,337.50 Asphalt, 1 In. (Parking Lot) 25 TON $ 70.50 $ 1,762.50 Concrete Work $ _ None Required Electrical & Street Lighting $ 3,750.00 It Is Anticipated That EAsting Street Lighting Will Suffice. No Additional Lighting Is Included Uplights at Project Sign 3 Ea $ 1,250.00 $ 3,750.00 Landscaping $ 3,300.00 3-Gal. Plants/Shrubs at Project Sign 100 Ea $ 16.00 $ 1,600.00 Sod 2000 SF $ 0.85 $ 1,700.00 Irrigation $ 1,750.00 Water Service /Connection for sign landscaping 1 LS $ 1,750.00 $ 1,750.00 Fencing $ 15,700.00 6 Ft. Ht. Fence 500 LF $ 30.00 $ 15,000.00 Gates 2 Ea $ 350.0.0 $ 700.00 Signing & Striping $ 2,500.00 Project Sign 1 LS $ 2,500.00 $ 2,500.00 Total $ 104,752.00 4624 V. Public Audience 4625 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. VI. Public Hearing 4626 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. PLANNING ZONING ITEMS WILL FOLLOW 4626A DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04 -027 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 2, 2004 PROJECT DESCRIPTION Project/Applicant: 503 North Seacrest Blvd/Don Stacks Agent: Don Stacks Owner: Edward Eatman III Location: 503 North Seacrest Blvd File No: LUAR 03 -010 Property Description: Developed property consisting of approximately 0. 11 acre, classified Local Retail Commercial (LRC) and zoned C -2, Neighborhood Commercial (see Exhibit "A ") Proposed change/use: To reclassify from Local Retail Commercial (LRC) to Low Density Residential (LDR) and to rezone from C -2 Neighborhood Commercial to R -1 -A Single Family Residential. The applicant is requesting land use and zoning consistent with the current use of the property, i.e. single family home. Adjacent Land Uses and Zoning: North: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R -1 -A, Single Family Residential. South: Right -of -way NW 4 Street, then property developed for the First Baptist Church designated Local Retail Commercial (LRC) and zoned C -2; farther west, developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R -1 -A, Single Family Residential. East: Developed single family homes designated Low Density Residential (LDR, 4.84 dwellings per acre) and zoned R -1 -A, Single Family Residential. West: Developed duplexes and single family homes designated Medium Density Residential (MeDR, 9.68 dwellings per acre) and zoned R -2, Single- and Two - Family Dwelling District. 4(o zL q Page 2 File Number: LUAR 03 -010 503 North Seacrest BACKGROUND The current use of the subject property, a single family home, is a non - conforming use under the current zoning district - C -2, Neighborhood Commercial. However, since the value of improvements on the property is less than $60,000, pursuant to the Land Development Regulations, Chapter 2, Section ll.1.C.8, the single - family home cannot be converted to a commercial use without a variance. The lot appears to exist as was originally platted in 1925, which does not meet the minimum lot standards for the C -2 zoning district. Therefore, the current use is subject to all provisions regarding reconstruction and/or expansion of non - conforming uses. PROJECT ANALYSIS The subject parcel totals ±0.11 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small- scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings, of the Code. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20120 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. I and Martin Luther King Boulevard. Page 3 File Number: LUAR 03 -010 503 North Seacrest The property is located within the Heart of Boynton Community Redevelopment Area and thus the subject of a recently adopted redevelopment plan. Contrary to current land use and zoning designations on the property, the recommendations of the redevelopment plan support residential use along the west side of Seacreast Boulevard, which is the location of the above - referenced property. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established residential land uses and will not create an isolated district. The adjacent lots to the north and west are developed with single family homes, as are lots south -west of the property, and across NW 4` Avenue. Lots to the east of the property, across North Seacrest Boulevard, are developed with a mix of single family homes and duplexes. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Redevelopment Plan and its recommendations regarding properties located along the west side of Seacrest Boulevard makes the proposed rezoning desirable. The recommendation is to reclassify all said properties, fronting Seacrest Boulevard on the west side between, approximately, NE 3` Avenue and NE 7` Avenue, from Local Retail Commercial to Low Density Residential, and rezone them from the current C -2 Neighborhood Commercial to R -1 -A Single Family Residential. There are currently no commercial uses in this area, indicating that, in the past, the market has not supported commercial development. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. f. Whether the property is physically and economically developable under the existing zoning. The conversion of the subject property to a commercial use may be physically and economically feasible some time in the future. As stated above, the market has not supported commercial ` (a2(" e. Page 4 File Number: LUAR 03 -010 503 North Seacrest development in this location in the past. Moreover, pursuant to the Land Development Regulations, the property cannot be changed to a commercial use without a variance. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole. As stated above, the request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment: h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. CONCLUSIONS/RECOWIENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. Moreover, given the lot characteristics and conflict with commercial zoning regulations, the request represents the most logical action. Lastly, it is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B ". ATTACHMENTS Gr\LUARsl503 Meacrest\Staff Report 503 Seacrest.doc �l�zc�7 LOCATION MAP EXHIBIT "A» 503 N. SEACREST BLVD, L`' M NW 4TH AVE owo.-�� NW 3RD pVE LRC N McDR t tp C7 m w W Pl# 4TH AVE ►,-o: N w e 012.525 50 75 Veet MCA DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-026 STAFF REPORT FOR COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION February 10, 2004 Meeting Date: February 10, 2004 File No: ZNCV 03 -028 — Rear yard setback. Location: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. Agent/ Owner: Joe Peterson of Slattery & Associates /Restaurant Holdings, Inc. Project: Woolbright Grill Variance Request: Relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant awning in a C -3 zoning district. BACKGROUND The site is located on the south side of Woolbright Road between the Riverwalk Plaza and the Intracoastal Waterway. The subject property, totaling 0.69 acres, is currently zoned C -3, Community Commercial district with a Local Retail Commercial land use designation (see Exhibit "A" - Location Map). in June 2002, the project was approved based on a site plan with several corresponding variances, which included a side setback reduction along the north property line, substitution of the required buffer to a landscape buffer, and encroachment of the cantilever awnings on the north and east sides. The awning variance specifically granted relief against the awning setback restriction, thereby allowing an awning to extend 10 feet into the rear setback, a 7.5 -foot increase from the maximum allowed of 2.5 feet. Site Plan approval included the construction of a two -story 7,829 square foot "High Quality — Sit Down restaurant" with 1,033 square feet of out -door seating area for a total of 8,852 square feet. The subject property is comprised of two irregularly- shaped and shallow parcels (Parcel 1 -north and Parcel 2- south), which are combined in order to accommodate a 210 -seat restaurant. Parcel 1 -north has a triangular shape, is the parcel on which the restaurant was constructed, and is the subject of this variance application. This variance application is for the awning located on the east side of the restaurant building. This proposed awning would be supported by concrete piles and would cover an outdoor seating area for the restaurant (see Exhibit "B" — Revised Site Plan). The following is a description of the land uses and zoning designation of the properties that surround this site: North: Woolbright Road right -of -way; farther north is developed with multi - family apartments (Gulfstream Apartments) with a High Density Residential (HDR) land use designation and zoned Multi- family Residential (R -3); A"(o-F' Page 2 Woolbdght Grill -Rear Yard Setback Re No. ZNCV 03 -028 South: Vacant property with a High Density Residential (HDR) / Conservation Overlay District land use designation and zoned Multi- family Residential (R -3); East: Intracoastal Waterway right -of -way, farther east are developed townhouses (Ocean Ridge Yacht Club) in the Town of Ocean Ridge zoned Medium Density Multi- family Residential (RMM); and West: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned Community Commercial (C -3). ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above - mentioned conditions exist with respect to the acquisition of additional property. Exhibit "C" contains the applicant's response to the above criteria. Staff concurs with the applicant's response to criteria "a" above that there exist special conditions peculiar to the subject parcel, namely location of the lot and site constraints. Staff acknowledges the unique "enclosed" characteristics of the parcel. The site configuration does not leave sufficient room to design a building offering both, an acceptable footprint with an adequate floor plan (to be economically feasible) and to minimize the need of a variance. Furthermore, an existing storm water utility line that dissects the property was to be relocated, and the building shifted southward. The existence of the utility line, and the configuration of the lot prevent full use of `{(02 (o C-7 Page 3 Woolbright Grill -Rear Yard Setback File No. ZNCV 03 -028 the subject parcel. However, these unique characteristics were justified when this property was proposed for development in 2002. By constructing the restaurant with the corresponding variances, staff acknowledged that the special characteristics were surmounted and justified by the site plan. With respect to criteria "b" above, this condition is met "if the need for the variance is not created by actions of the applicant ". This project is under construction as site plan approved. Instead of constructing the cantilevered awning (east) as approved, the applicant propose to extend that awning out to the property line thereby fully covering the approved outdoor seating area. Although the subject parcel is unusual in shape, this specific request has been initiated for the sole expansion of a previously approved awning. Therefore, the applicant, solely for individual benefit, has generated the circumstances. With respect to item "c", given that the property has been approved and is under construction for a permitted use (restaurant) in the C -3 zoning district, approval of this variance request would grant special privileges to the applicant, by allowing possibly an increase in the building envelope. Accordingly, denial of this variance request would not deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c" is not satisfied. The subject property is being improved with a restaurant building with the minimum requirements, and developed by maximizing the site. As such, this request does not represent the minimum necessary to make reasonable use of the land, structure or building. Therefore, since "reasonable" use of the land has been proven, this variance is not justified, and criteria "e" is not met. With respect to impacts on the area, and criterion "t" above, the project is separated from nearby properties by significant distances and barriers (e.g. the Intracoastal Waterway). Furthermore there is not a streetscape with a continuous and consistent building setback pattern against which the proposed setback deviation would conflict. Staff understands that the proposed awnings will not impede any views nor jeopardize the safety of the public. Therefore, the impacts upon abutting properties are immeasurable. However, approval of the variance along the rear (east) property line would allow the applicant, unless restricted to the awning and not the building, to potentially increase the outdoor seating area or even expand the building square footage which may not be supported by sufficient parking spaces. It should be noted that the present use does not provide a surplus of parking space, but only the minimum required by code. Criterion "g" is not applicable to the subject request. CONCLUSIONS /RECOMMENDATION Staff recommends that the request for Chapter 2, Zoning, Section 6.C.3., requiring a minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant awning in a C -3 zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by the applicant. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "D ". If the subject variance is supported by the Board and Commission, the approval should be restricted to the awning setback to prevent the eastward expansion of the building as well. MDA/MR 44(02(" q S: \Planning \SHARED \WP \PROJECTS \Woolbrlght Grll12NCV\03- 028 \STAFF REPORT.doc Location Map EXHIBIT "A" Woolbright Grill I I i I� - B or�ary�jV , �J � C c n N � � 2 400 0 400 Feet m .. -a w M - - - - - - - - - - - q -, d... +� 1 , I M , I o I z p m I s•-m• 0 oxN I v I cp rn b o m t z. P •i i ( If Mb. = �� ° N I i 3 If Z� p n r ;a a' S>rT$r4GC \ L EXHIBIT 11 N I • rnm r 4cK r 1 D: I CP A n •� imp �` 1 % m , Z. b 1 � .., 70 � �• C Z. A . mrrr mE t r 11rn ZJ I� n I® j D Z Q;u N-�N 1 Wm 0 t b - 1 fill E_ m� z _. b --► m Q� e rn` 4 _. w m - 4 b r N_ M; 3 I m .. -a w M - - - - - - - - - - - q -, d... +� 1 , I M , I o I z p m I s•-m• 0 oxN I v I cp rn b o m t z. P •i i ( If Mb. = �� ° N I i 3 If Z� p n r ;a a' S>rT$r4GC \ L EXHIBIT 11 N I • rnm r 4cK r 1 D: I CP A n •� imp �` 1 % m , Z. b 1 � .., 70 � �• C Z. A . mrrr mE t r 11rn ZJ I� n I® j D Z Q;u N-�N 1 Wm 0 t b - 1 fill E_ m� z _. b --► m Q� e rn` 4 _. w �. - - EXHIBIT "B" tt r iT �.I• a i i — �� i fl s T ; —---- - - - - -- I C-A '00 411 _1_?�841 _ -------- pjk W. 7. 1. I ' ll HH �a -n \_ A ll I ° 1 R r 4y I � €i cr �1 o L ° � a I FIRST FLQP. Ll k( WOOLBRIGHT GRILLE - i ASSOCIATES SLATTERYAND 700 WOOLBRIOHT ROAD , BOYNTON BEACH. FL 33435 mwmcw PL-mE a i CIIY OF BOYNTON BEACH, FLORIDA. SLATTERY and ASSOCIATES ARCHITECTS PLANNERS Erik Johnson, Planner City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Woolbright Grille Dear Mr. Johnson: The following is a justification for the requested variance. EXHIBIT " I December 1, 2003 Variance relating to the awning at the east side of the mar setback. (Section 6 -C.3). This request is to allow an awing structure 20' -0" into the east rear setback to cover outdoor seating. The east rear setback contains a deck seating area abutting the Intracoastal Waterway. This area already has an approval for an awing structure to extend ten feet into the setback. The physical configuration of the property on which this restaurant is located is very unusual in nature. It tapers sharply from north to south, creating a very shallow east to west dimension. The design of a building on this site allows for no additional room for a large roof overhang. The enlargement of this awning will not affect or impeded any views from neighboring properties. It should not only provide further protection from the elements for the patrons, but also reduce the amount of light and sound transmission across the waterway. I trust the information provided above satisfies the requirements for a "Statement of Justification" for this variance. Please feel free to contact me should you have any questions regarding any of this information or this submittal. Sincerely Joe Peterson LA Slattery and Associates Architects Planners JP:cI 2060 NW Boca Raton Blvd., Suite #2 • Boca Raton, Florida 33431 -7414 • (561) 392 -3848 • Fax (561) 392 -5402 lic #AA 0003381 EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 03 -028 (Rear Setback variance) Reference: DEPARTMENTS PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE 101. Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: NONE ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. INCLUDE I REJECT Conditions of Approval 2 Woolbright Grill . ZNCV 03-028 (Rear yard setback) DEPARTMENTS ADDITIONAL CITY COM11ISSION CONDITIONS Comments: 1. To be determined. I INCLUDE REJECT I i I MDA/ S: R ARED\WP\PROJECTS\WOObight &0ZNCV\03-028\C0Adoc �(0z(,:� N/ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Grill (ZNCV 03 -028) APPLICANT'S AGENT: Joe Peterson of Slattery & Associates /Restaurant Holdings, Inc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2004 TYPE OF RELIEF SOUGHT: Variance requested for rear yard setback reduction. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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 ". 4. 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 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other LI O DATED: City Clerk S:\Planning \SHARED \WP\PROJECTS \Woolbright Gr1IRZNCV\03- 028 \D0.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04 -028 TO: Chairman and Members Community Redevelopment / Agency Board THROUGH: Michael W. Rumpf � \` Director of an g and Zoning FROM: Dick Hud nior Planner DATE: February 3, 2004 SUBJECT: CODE REVIEW CDRV 04 -001 Mixed Use Zoning Districts (MU -H & MU -L) PAQJECT DESCRIPTION[ Project: Proposed amendments to the Zoning Regulations for Mixed Use -High Intensity (MU -H) and Mixed Use -Low Intensity (MU -L) zoning categories. Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C -16) Canal on the north and Woolbright Road on the south, and lying between the Intracoastal Waterway on the east and the right -of -way of the Florida East Coast (FEC) Railway on the west. NATURE OF REOUEST The regulations for the Mixed Use -High Intensity (MU -H) and Mixed Use -Low Intensity (MU -L) zoning categories were adopted on June 18, 2002. After eighteen months of working with these regulations, staff has determined that minor amendments are warranted to bring the regulations into closer conformance with the intent of the Federal Hiahwav Corridor Community Redeve %mentP /an and to aid in their administration. The specific locations where these district regulations may be applied are generally described as lands currently designated as Mixed Use (MX) and Mixed Use -Core (MXC) on the City's Future Land Use Map, ANALYSIS The proposed amendments to the Mixed Use zoning districts (see Exhibit ""AD include additions and changes to the following sections: Section 6.F.4 -Table 6F -1 Schedule of Permitted, Principal, Accessory and Conditional Uses,. Live - Work Units have been added as permitted uses in both zoning districts, while Self- storage or �14b26P Page 2 CDRV 04 -001 Mixed Use Zoning Districts (MU -H MU -L) Mini Warehouse use has been made a conditional use In the MU -L district. Supplemental regulations are provided for each use (6.F.14 and 6.F.15) to address location, design and other related aspects. It should be noted that, with the proposed changes, the majority of permitted uses would be required to be Integrated into a mixed use project. Section 6F.5 Building and site regulations. In the Minimum Parcel Size table, All other Uses now requires a minimum lot size of 3 acres to rezone from a single - family residential district to the MU-I- district if there is no frontage on an arterial roadway. Maximum Floor Area Ratios are established for each of the Mixed Use districts, consistent with the intensities established in the Comprehensive Plan. Section 6.F.16 Definitions. New definitions have been added for Fitness /Health Club, Hotel, Extended Stay Hotel, Live /Work Unit, and Theater. RECOMMENDATION Staff recommends that the subject text amendments, as the proposed amendments to the zoning code. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as "Exhibit B ". Exhibits S:\ PLANNING\ SHARED \WP \SPECPROJ \CODE REVIEW\CDRV MU -H MU- L \CDRVSTAFFREPTo4.DOC 402'. Q CHAPTER 2 ZONING Exhibit A Sec.6 Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels along the Federal Highway Corridor Redevelopment Area. All development and redevelopment shall be guided by an approved plan and through the use of the planned unit development, conditional use, or other site plan review processes. The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; C. Create optimal pedestrian environments though appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the redevelopment area; downtown; e. Create surrounding areas that complement rather than compete with the and visitors. f. Create higher quality environments for residents, businesses, employees, 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use -High Intensity (MU -H) and Mixed Use -Low Intensity (MU -L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. A Mixed Use zoning district may be located only on lands designated Mixed Use (1Vlx) or Mixed Use -Core (MX -C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU -H (Mixed- Use -High Intensity) Zoning District. Upon adoption of the Mixed Use -Core (MX -C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use -Core (MX -C) on the Future Land Use Map. The MU -H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. The district allows a maximum height of one hundred -fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets des' ated as "arterial roads" on the "Functional Classification of Roadways Map " contain a mixture of retail, office and/or residential uses. 4 - Z �R, — b. MU -L (Mixed- Use -Low Intensity) Zoning District. In order to complement the revitalization efforts in the City's commercial core, the MU -L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. The MU -L district is appropriate for low- to mid -rise developments that provide for medium density residential uses. The district allows a maximum height of seventy -five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. Building heights between seventy -five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new mixed use developments within this district shall front on streets designated as "arterial roads" on the "Functional Classification of Roadways Map " (Federal Highway, Boynton Beach Boulevard, Ocean Avenue and Woolbright Road ) and contain a mixture of retail commercial, office and residential uses��® . Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted "P ", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. TABLE 6F -1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU -L ZONE MU -H ZONE' Residential or Lodging Use Group Bed and Breakfast C N Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P1 N Residential, Single Family Attached I P Residential, Multi- Family I P P Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Community Facilities Use Group MU -L ZONE MU -H ZONE Government Office /Civic Center/Library C NC Recreation (outdoor) P N � i,-,z(0 s USE GROUP/USE MU -L ZONE MU -H ZONE Museum I j House of Worship I P pf P j Police or Fire- Rescue Station I p j j Postal Center (retail sales only) j I C Post Office j P I P ' Public Park j p I P Public Parking Lot or Garage j P I P j Office Use Group* MU -L ZONE MU -H ZONE * Not encouraged as a first floor use in the MU -H Zone j Bank/ Financial Institution ! C j C j Medical or Dental Office or Clinic I p I p i j Physical Therapy Clinic j P Professional Business Office I p I P I p � Veterinary Office or Clinic j p 2 N j Sales and General Commercial Use I MU -L ZONE MU -H ZONE Group* * Where permitted within the MU -L Zone, only on lots fronting on major arterial roadways, Alcoholic Beverage Package Store ! Ammunition or Firearm Sale or Rental P6 j N p6 I Animal Boarding or Kennel i I C I N N N Animal Grooming I P1 I Animal Sales j N I N N Antique Store p# I Antique Mall/Flea Market I N I N Arts, Crafts, Hobby and Framing j p1 I p Auction House j N N Automotive Parts Sales j N I N Automobile Sales with Display j ply i piz Bakery, Retail i p6 i p6 Boat/Marine Sales/Rental j N i P Boat/Marine Accessories j P6 p6 Bookstore j p6 i p 6 i Building Supplies or Materials j N I N Bus Terminal I N I N New Clothing, Shoes or Accessories P6 P6 Boutique I I Contractor's Office/Equipment Storage j Coffee Shop N I i p6 6 - onvenience Store j p6 P6 �ustom Home Furnishings j P I P J '_yber -cafe ` p6 6 J delicatessen j P 6 P dive Shop and Instruction as Accessory Use j p° i P � I USE GROUP/USE MU -L ZONE MU-11 ZONE Sales and General Commercial cont'd Pb P6 Drug Store or Pharmacy P11 P' Gasoline Sales with/without Vehicle Service Clu N Grocery Store, Supermarket P' P' Florist P 6 I Hardware Store I P 6 P 6 Health Food Store I P 6 P 6 Home Improvement Centers N N Lumber Yard I N N Nursery, Preschool or Child Daycare P N Newsstand I P I P Outdoor Storage or Display I N N Parking Lot for Commercial Vehicles N I N Parking Lot or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, I P 11 P 6 Parts or Repair Photographic Studio and Photographic ( Gib Gj 6 Supplies Restaurant, w/Drive Thru N I N Restaurant, Sit -Down P Specialty Foods and Confections I P P Sporting Goods P 6 I P 6 Tobacco WAccessories P 6 I Pb Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental I P 6 P b Wholesale/Warehouse/Distribution N N Service Use Group* I MU -L ZONE MU-.H ZONE * Where permitted within the MU -L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa P 6 P 6 Dance Studio Pb P6 Dressmaker or Tailor P 6 P 6 Drycleaner P 6,15 PM Fitness Club Go P6 Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat P 6 I N Medical Outpatient Facility C I Nursery, Preschool or Child Daycare P N Nursing or Convalescent Home I N N Photocopy Center P 6 P 6 Self - Storage or Mini Warehouse No N A USE GROUP/USE MU -L ZONE MU -H ZONE Service Use Group cont'd MU -L ZONE MU -H ZONE Shoe Repair Pb + P° I Soup Kitchens, /Substance abuse Centers/ N N Shelters/Half -way Houses i I Tattoo Parlor/Body Piercing = N N Entertainment Use Group MU -L ZONE MU -H ZONE Adult Entertainment N N Bar, Cocktail Lounge i I I Billiard Club/Bowling Alley/Indoor P I Recreation Facility I I Bingo Hall N Fortune Teller I N Movie Theater N I N 3 Night Club i N l C j Performing Arts Theater i N I P I Private Clubs, Lodges and Fraternal C1 Cl Organizations I I Accessory Use MU -L ZONE MU -H ZONE Drive -Thru Facility (other than accessory C N use to financial institutions and restaurants) I l Restriction Notes: 1 Must be inte ated-inte- a mixed -use development dial ne a msideafia4 eemgenext compremising a of 30 percent of the gross floor area of the entire development 2 For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the• arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. 5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. s On -site drop -off and pick -up only. y Drive -thru facility, including stacking lanes, must be screened from public right -of -way and requires conditional use approval. Ingress /egress shall not be from/to an arterial roadway. 10 Shall comply with provisions of Chapter 2, Sec.1 l.L., pertaining to-retail sale of gasoline or gasoline products. 11 Not permitted on property with Federal Highway Frontage in the MU -L Zone unless consistent with restriction note number six (6). 12 Indoor storage /display shall not exceed 10,000 square feet. 13 In conjunction with a permitted marina use. Storage /display allowed only in wet docks or mmiiim uare feet. 5. Building and site regulations. MU -L ZONE MU -H ZONE Minimum Parcel Size MU -L ZONE MU -H ZONE Residential Or Lodging Use Group 750 sq. ft. 650* sq. ft. Hotel - -- 3 acres* *or is part of a mixed use development of at least 3 acres. Residential, Single Family Detached 5,000 sq. ft. - -- Residential, Single Family Detached w /Accessory Unit 7,500 sq. ft. - -- Residential, Single Family Attached 7,500 sq. ft. 65,000 sq. ft. Residential, Multi - Family 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Residential, Single Family Attached (Townhome) 25 ft Public Park no minimum no minimum All other Uses 1 10,000 sq. fm 1 10,000 sq. ft, ! Minimum Living Area MU -L ZONE MU -H ZONE Single Family Detached 1,000 sq. ft. - -- All other Residential 750 sq. ft. 650* sq. ft. Accessory Apartment 750 sq. ft. - -- * Size of all units must average 1,000 sq. ft. Minimum Lot Frontage MU -L ZONE MU -H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. - -- Residential, Single Family Attached (Duplex) 75 ft - -- Residential, Single Family Attached (Townhome) 25 ft - -- Residential, Multiple - Family 100 ft. 100 ft. All Other Uses 1 100 ft. 1 100 ft. 4(02( w 4 Maximum Height I MU -L ZONE MU -H ZONE Residential Or Lodging Use Group ' j Residential, Single Family Detached j 35 ft. Residential, Single Family Attached (Duplex) j 35 ft j Residential, Single Family Attached (Townhomes) 1 35 ft j All Other Uses `Maximum ' 75 ft. ` 1 150 ft. height at front property line is 45 ft. minimum 10 ft. efetepbeek for e* additional 50 ft. of heigh May increase to a maximum height of 100 ft. subject to conditions to minimize design and land use incompatibilities. Minimum Height 135 ft.' 35 ft. `Applies to any fagade with "arterial roadway" frontage. 'Applies to any fagade with street frontage. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2) -story building. MINIMUM PERVIOUS AREA Community Facility Use Group Public Parking Lot or Garage Residential Or Lodging Use Group Residential, Single Family Detached Residential, Single Family Attached All Other Uses MU -L ZONE i j 40% 30% 20% MU -H ZONE I� 15% FRONT YARD SETBACK Residential Or Lodging Use Group Residential, Single Family Detached build to line Residential, Single Family Attached build to line Residential, Multi- Family build to line All Other Uses including mixed use with a single- family attached component — build -to line �(oz (" k I MU -L ZONE j loft. 10 ft. 10ft. Oft or10ft' MU -H ZONE 0 -15 ft. IOftorloft' ` Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Z Projecting feature(s) such as awnings, balconies, porches and/or stoops sh84 0 be placed forward of the build -to line and shall maintain a minimum 2 -foot setback from any public sidewalk. 3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build -to line and shall maintain a minimum 5 -foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9 -foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway. SIDE YARD Residential Or Lodging Use Group Residential, Single Family Detached, Interior Corner End Residential, Single Family Attached (Duplex) Corner Residential, single Family Attached (Townhomes) End Comer Residential, Multi- Family All Other Uses Adjacent to Residential Single Family Attached or Detached in the MU -L Zone Adjacent to Other Uses MU -L ZONE I MU -H ZONE 6 ft. 15 ft loft. 15 ft. loft 15 ft. i 20 ft` 25 ft.` Oft.` 0& 0 ft. oft. 1 plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single - family detached dwelling, less width of right -of -way. REAR YARD Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway Residential, Single Family Detached Residential, Single Family Attached Residential, Multi- Family All Other Uses Where Yard is Adjacent to Intracoastal Waterway Where Yard is Adjacent to Residential Single Family Attached or Detached Where yard is Adjacent to All Other Uses I MU -L ZONE I MU -H ZONE 25 ft. 7.5 ft: 7.5 ft. 25 ft. l 25 ft. 25 ft. Oft. l 25 ft. Oft.` 0 ft. ` 25 ft.' 0 ft.' 1 subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. c}( y plus one additional foot for each foot of height over 45 ft. where within or abutting the MU -L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6. Mixed Uses. Buildings containing residential and non - residential uses are required within the MU -H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU -L zoning district and subject to the same development standards as "all other uses." Residential uses within mixed -use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use - type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 7. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU -H and MU -L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 91 9. Landscaping a. MU -H District. (1) Trees. All new construction in the MU -H District shall provide shade trees in the streetscape. • The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. • Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. • In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. • Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing • Trees shall be regularly spaced.. The spacing of the trees shall be 20 -25 feet on center. • Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by comer conditions. • Tree placement shall match the existing pattern, where appropriate. • Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. � (c, Z C. Tree Irrigation • Irrigation systems shall be installed to service all trees and other landscape materials. • Irrigation systems shall be in operable condition at all times. d. Sidewalks • All new construction in the MU -H District shall provide new sidewalks. • Sidewalks shall be Holland -Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. e. Flower Containers • To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials are- eneoafagedte be planted and maintained along facades of new building fronting on arterial roadways in the MU -H District. 9N . Parking Requirements. Parking requirements for both the MU -H and MU -L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11I shall apply only to the MU -H zoning district. a. On -site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de- emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimis vehicle /pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed -use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off - street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: d�v, AA 11 A C. Freestanding parking garages as part of a mixed use develo meat are permitted within the MU-H Zone only. Within the MU -H Zone, freestanding parkin8 garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum death of twentv (20) feet. so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU H and MU -L Zones. Understory parking (on the first floor of a structure) is permitted thr oughout the MU -H and MU -L Zones for mu ltiple -floor b uildin gs. Such first floor Darkine areas_ e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. W8. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 114. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid -block street crossings on these streets. �t�2co - 6'13 11 u.,uI YLGW U a caving hems (uuuzmg climbing vines) and/or architecturally articulated fagade designed to screen the parking area. Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- I (6 a.m.- (5 p.m.- (Midnight - 5 p.m.) midnight) 5 p.m.) I midnight) 6 a.m. ) (Percent) (Percent) (Percent) � (Percent) � (Percent) Office 100 1 10 10 I 1 5 � 1 5 Retail 75 1 75 100 170 5 Lodging 75 1 100 75 1 100 1 75 Restaurant :50 1 100 100 i 100 i 10 Entertainment 40 1100 90 1100 110 Residential 60 1100 100 1100 1100 (Source: Urban Land Institute "Shared Parking ", 1983) C. Freestanding parking garages as part of a mixed use develo meat are permitted within the MU-H Zone only. Within the MU -H Zone, freestanding parkin8 garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum death of twentv (20) feet. so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU H and MU -L Zones. Understory parking (on the first floor of a structure) is permitted thr oughout the MU -H and MU -L Zones for mu ltiple -floor b uildin gs. Such first floor Darkine areas_ e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. W8. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 114. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid -block street crossings on these streets. �t�2co - 6'13 11 u.,uI YLGW U a caving hems (uuuzmg climbing vines) and/or architecturally articulated fagade designed to screen the parking area. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. shak' Fie mrn:;-x.xm dens' J-1(o2c,C C- 11) . Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single - family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty -five percent (25 1 /o) of the total floor area of the single - family dwelling and shall in no case be more than 750 square feet. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80 %) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store ". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber cafe: a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. 1 Z Fortune- teller/Psychic: semebed} Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half -way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. R z Yuil , in , is a p Ile dirAag-f �'.1 br *,feugh an in6ide !ebb) see s. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. 4 �.2(v E E 10 Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use -High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use -Low Intensity zoning district, mixed -use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi- Family: A building containing three (3) or more dwelling units that cannot be classified as single - family attached. Residential, Single Family Attached: Two (2) or more one - family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single - family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low - cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low -cost meals or distributing free or very low - cost pre - packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. I 2-fc 2-FT 1 c Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fortune- teller/Psychic: semebedy Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half -way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. Rate!: a buildii g or Y cFc:f_, in `7. , and eenider-s-. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use -High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use -Low Intensity zoning district, mixed -use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. 1 A Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi- Family: A building containing three (3) or more dwelling units that cannot be classified as single- family attached. Residential, Single Family Attached: Two (2) or more one - family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single - family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low - cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low -cost meals or distributing free or very low - cost pre - packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. � 2_(o�z � � 1C VII. Director's Report 4627 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. MEMO To: CRA Board From: Douglas Hutchinson Date: February 10, 2004 Subject: CRA Activities Development Items: Group A • Annual report — A Comprehensive Annual Report is being developed. Drafts of the Annual Report will be presented for review in March as an FYI and approval in April. Boynton Beach Blvd/Promenade/Riverwalk Design /Build RFQ Work has begun on the next phase of work for project design. Multiple meetings 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 — Phase H (manufwturinci) and Phase Ill have been approved. Pictures of the signs were sent out to the CRA Board in Januarv. DH • MLK Property Acquisition Phase I — Coordinating with Dale Sugerman and TUG for purchases (See response letter regarding the HUD regulations and the letter from Dale both were sent FYI to CRA Board) • 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. A meeting has been set up for Friday, February 6 2004. Staff is targeting Aril for "letter of understanding" between the various parties. DH EM • Boynton Beach Blvd District Redevelopment Plan Update — Final update is beinq compiled. Presentation will take place when additional study area from Seacrest to Federal is completed. DH • Design Guidelines Overlays — RMPK submitted a rough draft of the design guidelines for Board review and comment. RMPK is finishing the other types of zoning design criteria. • Museum Feasibility Study Team — The initial meeting will be set for March. DH • CRA Brochure and Web Site Development —Work has begun on the Logo Concept Development and Web Structure. Logo choices have been forwarded to the CRA Board members for comment. DH • Events — Wheels Weekend See Agenda Item AG. • The Heritage Festival: plans include a Caribbean Celebration to be held on Martin Luther King Ave. on February 27, 2004 from 6:00 PM to 11:00 PM. Prior to the event on Martin Luther King's Birthday; the CRA Staff, The Heritage Festival Committee and the Volunteers of the United Way will join forces to do an organized clean up of the area (Seacrest from Boynton Beach Blvd. & MLK). The Caribbean Celebration will include live entertainment and cuisines from different regions of the Caribbean. A VIP tent will host a greeting and autograph session of internationally recognized Caribbean entertainers and dignitaries representing_.1p..eir countries. Other elements include kids entertainment and carnival rides. AG • Genesis Business Program —Staff will have a draft for approval in March. AG 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 • Direct Incentive Program Amendments for Affordable Space — Staff will present a draft to the CRA Board in March. DH S Develop Proiect Workload Analvsis - Staff sent out the Cash Flow Analvsis and staff workloads in the FYI packages this week. DH 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 - Staff is working on estimates for the cost of addinq walls to separate conference area from open office. • Grants Update Grace Fellowship Church. which is 93% completed. Bovnton Boundless. LLC. which is 50% completed. and Fred and Joe's Automotive. which should start in the next 30 days have applied for Facade Grant extensions as per the contract. Staff is recommending the approval of the extensions. St. Mark's Church is appivinq for a Facade Grant in Februarv. SV The Regions Development Grant Round Vlll is now available to businesses in the CRA Area. A Public Notice was published January 25th and February 1. 2004. We have had nine applications picked up and several phone calls. Staff sent out the applications. eligibility requirements. and schedule to the CRA Board in the FYI for information oniv. Staf`will present completed application for approval to the CRA Board at the March 9" meeting. SV 4630 VIII. Old Business 4631 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. IX. New Business 4632 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. Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: CRA Logo and Website Date: January 26, 2004 I met with Jack of Arts, Inc. on Thursday, January 22, 2004 to discuss the production and design of the CRA logo and website with the latest Board comments. The final step is the selection of a logo and styling for the website. Please review the two versions for a final choice. We would like to proceed with the next steps for implementation of the CRA logo and website. We have attached color print outs for your review and consideration for approval. 4633 Page 1 of 1 4634 http: / /www jackoarts.com/cra- logo / images /update2 /logosfebl /fisho2y.gif 2/3/2004 0 a� on a R w D z W u u a u lo g gle U is u 40 0 0 4635 Page 1 of 1 4636 http: / /www jackoarts.com/cra- logo / images /update2 /logosfebl /fishlgo.gif 2/3/2004 0 a� bo a x° R w > u z U IL ga 19 1 U U U 0 0 0 z z ZL7 IIL i a. W U 4637 z w U Z U Z co a. U Page 1 of 1 4638 http: / /www jackoarts.comlcra- logo /images/ updated lfishlfishlogolfishbehindCRA.gif 2/3/2004 0 a� cn a CL u a 463 Cd L L a a w 0 o 0 z z U z Z z z U a a a u u w u u u a 463 0 � 'a d L6 z d IL U d U -10 u W z a U ? U� U 0 U . '� 4640 Em *i page 4641 http: / /www jackoarts.comlcra- logo / images / updated 1palmslpalmslogolpalmsinside.gif 2/3/2004 1� 4-4 MU- I I a. U 0A GI Z z LLI U U z U 4642 6E E z R w O w z z Z W A u MU- I I a. U 0A GI Z z LLI U U z U 4642 6E E -4 4-4 0 cn w z 0 w z z < z F- u W U W u J w U z u a: u z z u w co u < U AM 'i � L ' u � 6 9 u 9 u -.- - 4643 Memorandum To: CRA Board From: Annette Gray Date: January 26, 2004 Re: Events Funding Request Wheels Weekend 2004 During the budgeting process, the event description below was presented to the Board along with proposed amounts to be contributed by the CRA. Based on Board direction, Staff has worked earnestly to develop strategic alliances and sponsorship partners to first maximize CRA Funds and second to work towards having the events become self sufficient. "Downtown Street Dance & Cruise Night" April 3, 2004 will be held in the Ocean District west of Federal Highway. This joint venture event is the first day of Wheels Weekend for Boynton Beach. This event is proposed to be an annual 2 -day event. The first day of the event, Saturday April 3, 2004 includes: a Classic Car and Motor Cycle Cruise, Skills Contest and ends with a fifties style street dance for all ages. Downtown attendees will dance to classic rock and roll music and participate in a costume contest, hula contest and dance contest while sampling the food and crafts of local vendors. A Kids Zone at the event will include Clowns, Caricature and Bounce House. The second day, April 4 features "The Car Show" which is hosted and planned by the Chamber of Commerce. 4644 The "Wheels Weekend" concept was developed jointly by BODA, the Chamber and the CRA to create an event that generates extended visitation to the Boynton area. This year the City's events department will also join the partnership with their annual Big Truck Show. This is the third year Wheels Event and the growth has been positive and consistent. Growth has accrued in the areas of attendance, sponsorship funds vendor participation and publicity for the CRA. The CRA Staff is once again working on leveraging our proposed $7,500 for the Wheels Weekend with sponsorship funds and in -kind donations. 4645 Boynton Beach CRA 639 East Ocean Ave Suite 107 Boynton Beach, FI 33435 February 3, 2004 Boynton Ocean District Association Christine Francois, President 618 E Ocean Ave Boynton Beach, FI 33435 Dear Ms. Francois, Your request for $7,500 in funding for the "Wheels Weekend" event to be held on April 3, 2004 has been received. The CRA is happy to continue in the building of relationships through partnership with a variety of Community Organizations. However, your request has highlighted that as a Partner the CRA would assume all liability as it relates to funding and insurance protection. Unfortunately, we are unable to agree to such a partnership at this time. The CRA has considered the liability issue and would suggest the following options; BODA acquires an insurance policy independently for the event and identifies the CRA as additionally insured or the CRA acquires the insurance and deducts the policy cost from the BODA request. BODA will be responsible for accounting and distribution of funds. BODA as a Grant Applicant is solely responsible to develop, fund and execute the event. The CRA will assist with funding and Staff resources if approved by our Board. There is no "Hold Harmless" of BODA for your event, therefore this comment or request by BODA does not apply. In the interest of seeing the event move forward and the maintenance of our growing long term relationship; we ask that you resubmit your request and in doing so, address the following areas: • Your organization's financial contribution(s) and their source (i.e. sponsorship funds, cash from account, etc.) • Identification of the designated Chairperson responsible for the planning and implementation of the event. I have attached a copy of our new request format and application. Please note that in order to have CRA Staff assistance, it must be requested along with the funding. We stand ready to assist in completing the required application as soon as possible. Please return the completed documentation with a signed copy of your last meeting's minutes during which BODA's new officers were installed /appointed. Because of our Board meeting schedule, we will need your information by Friday, February 6, 2004. Thank you in advance for your expeditious attention to this matter. As always, I am available to answer any questions or concerns you may have. in re 4646 � c son xecutive for FROM : DOLPHIN RESTAURANT PHONE NO. : 561 732 4305 Jan. 30 2004 03:49PM P1 Boynton Ocean Aistrict Association 618 E. Ocean Avenue Boynton Beach, Florida 33435 Telephone 561 - 732 -3800 Fax 561- 736 -3796 January 29, 2004 To: Boynton Beach CRA RE: Wheels Weekend Rods is requesting $7.500.00 for the special event of Wheeh weekend on April 3, 2004. This event is being held by the Chamber car show, CRA and Bade. Rod* further understands that Boda is not liable for any expenses above the $7.500 and understand the liability msanumv will be taken care of by the CRA and the Chamber of Commeree. Soda will be held harmless from any liability lawsuits regarding this event and shall be added as additioW in oW. sin ly, Christhme Francois President 4 1e Z rome Kerwin Vice President and Chairman of Membership CKA Doug Hutchinson, Director 4647 Memo To: CRA Board From: Susan Vielhauer Date: January 23, 2004 Re: Consideration of Facade Grant Application for St. Mark's Catholic Church St. Mark's Church, located at 643 N.E. 4 Avenue Boynton Beach, Fl., has submitted an application for the Facade Grant Program for consideration. The applicant is requesting $15,000. The property owners received three bids for the proposed parking lot and curb listed below: Serraes Construction General Contract, Inc. $128,492.00 RPM General Contractors, Inc. $132,596.56 Daniels Brothers, Inc. $140,340.00 The property owners are requesting the fagade grant for the proposed renovation to the parking area of St. Mark's Church. This parking renovation is part of a larger revocation and addition to St. Mark's Church. The proposed scope of work includes the layout, engineering and permits, paving, curbs & stripping for the parking lot. The property owner has accepted the bid from Serraes Construction General Contract, Inc. for $128,492.00. Their submittal application is complete, but the CRA Board has stated in the past the Churches do not qualify for the program. Based upon this standard, Staff is not recommending the approval of the Facade Grant request from St. Marks Church. The Budget line item for Facade Grants has funds to accommodate the grant request. 4648 APPLICATION loll 07/31/2003 b�J:bb IZ)blIJO.J4bd 51 MANK UHUHUH r'Htat b.J 2002!2003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Pleas* Print Or Type Only - Use Additional sheets N Necessary) APPLICANT INFROMATION Name of Property Owner: &Rioat2t i5�� d71o1',ese #�a,�vK Address of Property Owner. tom-. D• 1�C I oq( City /state: ?a1yr ?fin 0 0.!McnS �lor;XN)Pt zip code: 33 Flo Phone # Day: (9 q - Q330 Evening: __ 5 cLyKe � Legal owners and legal description of the property to be improved (please an*ch copy of warranty tired and /ease, if applicable): v*fol NWM6-ar 08- ij3- q S- C )4- 61 000- OO s - 0 If Different from Property Owner C�,, Name of Business: �A . MIAs k Caih of e, C.I Uck Address of Business: tp LIZ � - E, � 1 A venue, City/state: o &jbA zip code: 33 q Phone # Day: (5(o\1 - 75 4 - q - 65D Evening: So Vy�e Type of Business: -- C, UAurC-k lsz�xop` r Years of Operation: Jc- 1 �s � c�� Q;{' �t (0(Y� ,l , 00 Number of Employees: �(D Ji�c� Annual Payroll: Q Sf)D Number of Employees residing in Boynton Beach: a.C' ) 4650 Boynton Bsach Community RedevekVrnem AQenay Favade Grant Program Appl(Cawn ft^ - 4 -& a . 07/31/03 THTT nA-n2 rTY /AY Nn Ql -A1 Phnn 07131/2003 09:00 15617353463 ST MARK CHURCH PAGE 04 PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program Is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Nob: See attached Fagade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 1 Eligible exterior improvements for this program include: • Painting. • Shutters. • Signage (located on the building or the property). • Awningslcanopies. • Doorstwindows, • Landscaping around the building. • Irrigation. • Parking lot re- paving, re- sealing, re- striping. Exterior Lighting. • Patio or decks connected to the building. • Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). • ADA improvements. 4. All work MIM be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or Signage It must be in accordance with City Ordinance No. 86-43. 5. Maximum Grant amounts: The CRA will provide, on a rsl rnburssment basis a dollar for dollar matching grant for eligible Ta -;ace improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds, 4651 Boynton Beach Community Redwmlopmwd Agency FafWo Grant Program 0-. ."? JC 07/31/2003 09:00 15617353463 ST MARK CHURCH PAGE 05 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 638 E. Ocean Ave., Suite 107, Boynton Beach, 561- 737 -3256 2. The application is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to Insure that their submitted application Is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Facade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. - 17�,. 4652 9oyrOw 19- Co nmunny RedaNelopms A AgwW FapWa Grant P r;m 0.. 'A ws 4 07/31/2003 09:00 15617353463 ST MARK CHURCH PAGE 06 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: ,•- Project work write -up(s) describing in detail the scope of the project, w Plans or sketches if applicable, Site plan and plant list for landscape projects, ? • Third -party cost estimates from three (3) licensed contractors, ji Estimated time line, ? e Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), -id A minimum of four (4) 3" x 5" color "before" photos of the project which must include 'public views ", /lir Signage design with colors & materials proposed N applicable, & color chips / material samples if applicable, nd material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content, Witness (Date) P riy Owner (bate) (Propel owners signature must be notarize ► CARRIE P. HILL (z MY COMMISSION # DD 019083 EXPIRES: April 19, 2005 t yQ p F �1aR`! FL Note ,,, S & Bonding, Inc. fitness (Date) Tenant/Busines rOwner (Date) CRA Director (Date) 4653 Boynton Beach Community Redevelopment Agency Fagw% Grant Program 0-- / ..s A 07/31/2003 09:00 15617353463 ST MARK CHURCH rt STATE OF FLORIDA, COUN OF PALM BEACH PAGE 07 ` BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared Ff— Im P^ t who is psrsonal known tom or produced , as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in It and that the Instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this /5 -1-14 day of Zf de= 6,V' , 20OZ 3 NOTARY PUBLIC C A't'� 1 A�v My Commission Expires; l Q; o2CX1 4654 CARRIE P. HILL MY COMMISSION # DD 019083 EXPIRES: April 19, 2005 i4xn3440TARY FL Notary Service 8 Bonding, Inc. Bor"M Samoh Community Redrmig rent Aowv_y Fegade Grant Program pi►gl► R nI i n7 /ni /." R1iTTT ten. - r- -, - -, - n. rs. _ 12/23/2003 18:03 FAX 561 835 2640 SUNTRUST CORP BA 2002/002 SunTrust Bank 501 South Hagler Drive, 2nd Floor West Palm Beach, Florida, 33401 Tel MI- 936--2877 Fax 591 -835 -2640 SUNTRUST Decembcr 23, 2003 Via Facsimile 561- 735 -3463 City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 Re: The Diocese of Palm Beach County Jahn Winn Vice President To Whom It May Concern, The Diocese of Palm Beach County is in good standing with SunTrust Bank, Inc and has a line of credit in the amount of $4.000,000. Please feel free to contact me regarding this relationship, in ly' John W. Winn Vice President 4655 WARRANTY DEED LEGAL DESCRIPTION 4656 a► n Q n f P v m r Z c m z c. t= N: V .o W fL -4 _. N ON : o ro v_ z v a O 2 .. A O O w m 3 A O 3 z" m v ANY V N N to FAIT O 0 w m 0 w l!1 0 s r z O Z D v s r O m m z 7 O 0 w Pm �r o , m x .0 N Z e m e N o > wm ui N D w 0 o c z "' 4"7, ;f, a W m r m a 0 z m [ D m D x D 0 c z C2 co MI N , C ° cc r W O' a m! $C- cmz = 10 XNN m to m mr - a~ r N N O Pm �r o , m x .0 N Z e m e N o > wm ui N D w 0 o c z "' 4"7, ;f, a W m r m a 0 z m [ D m D x D 0 c z 4657 C2 co MI N , C ° cc r W O' a m! cmz = 10 XNN m to m mr - a~ r N N O v 3z = o m < 3I�. z m 0 _ N n o 0 S - 0 r N w = o D C' w O — .C� CD X0'3 0 �a N o a a CD D 3 CD �D W -4-1 z 1H1 D L �NNNMN! z N -1 z vm F nut M O m N -I z s saxmo% r r� -Z o ;.om wcaicr"w r rao 3 Z WO �^'C'"co N �D ur m y z 0 Z G sezi N 07 V 4s 0 o N C -� .. r. a m A _° I m a Pt r+3 r4 o r G7N�Naiem O m x m oe W cap m — m w = O 3 �z = ca x v m my mo 0 0 7c m 1 A r - C Z �< cTS m –1 4657 PROJECT WORK WRITE UP 4658 St. Mark Catholic Church Boynton Beach Community Redevelopment Agency Facade Improvement Grant Application Project Information Introduction St. Mark Catholic Church has been a mainstay of downtown Boynton Beach since its inception in 1952. The present church building was constructed at the current site on 4 th Avenue in 1956. The Church serves approximately 1700 households in the surrounding area and also provides an Elementary School at the site, serving 280 children from Pre -K to Eighth Grade. In 2002, St. Mark celebrated its fiftieth anniversary as a Parish and as we celebrated our fiftieth anniversary, we look back to the many accomplishments of the parishioners who have been a part of St. Mark's for so many years and try to plan our needs for the next 50 years. After close to two years of planning and deliberation, a decision was made to keep the Church and school at its present location and evaluate the needs of the site for the future. Currently the oldest building on the property is the church facility itself. We have added over 500 new families to our parish in the past 3 years. In season and holiday time, the limits of the 500 seat facility are stretched to the maximum. Our organ is over 25 years old, plus our lighting and sound systems are old and inadequate. We need more meeting space and we need to be more handicapped accessible. The Proiect ._ -- _,_ The Church Renovation Committee decided to renovate and expand St. Mark's Church on the present church site to address the needs identified. The present facility is approximately 7,500 square feet and the new facility will be 17,500 square feet to include more meeting space, all fully handicapped accessible, with a state —of- the- art lighting and sound system. The actual demolition of the present church was begun in May of 2003 and the completion is expected in November of 2004. The total construction costs of this project are $3,186,000, with furnishing costing approximately an additional $400,000. We are especially proud of the fact that we have been able to raise $2,458,526 to date from our local families. Grant Reauest St. Mark's Church has been a partner with the City of Boynton Beach in the revitalization of the downtown CRA district since 1992, when the Church entered into a lease with the City to provide 10 acres of property to serve as the first revitalization project in the area — the construction of 4659 Mangrove Park. This Park is the cornerstone of the Downtown Master Plan to provide an urban core community with retail, restaurant and recreational opportunities, to encourage private investment, to provide green space, and to provide waterfront access to the public. The Church entered into a 27 year lease with the City for only ten dollars a year to partner in an exciting vision of the new downtown. The Church is now becoming a more active partner in that revitalization program by investing over 3 million dollars in the downtown area. As part of the total renovation project, the Church parking lot will be re -paved and re- striped. The total cost for this one item is $128,492. The Church parking lot is open to the public as overflow parking for Mangrove Park as well as overflow parking for the Mangrove Walk at the Marina. The grant request is for $15,000 to be utilized toward the re- paving and re- striping of the parking lot. This request meets and exceeds the criteria established for this grant program, as over 3 million dollars will be invested in this property to improve the external appearance, halt deterioration of the area, and upgrade appearance of the area. The property is in the CRA Revitalization area. 4660 PLANS AND /OR SKETCHES 4661 THREE WRITTEN ESTIMATES 4662 Serraes Construction General Contractor, Inc. 561- 848 -6607 CG- CO18453 -Nlay 1, 2003 Fr. Mark Szanyi St. Martz Catholic Church 643 ATE 4" Avenue Boynton Beach, Florida RE: Proposed Renovation and addition to St. Mark Church Dear Fr. Martz, We propose to furnish and install all labor and materials for the renovation and additions to the existing St. Martz Church as per the plans and specs by Architecture 4 dated 3/7/2003. BID PRICE: $3,186,000.00 — Three Million One Hundred Eighty -six Thousand dollars. Qualifications to this bid: 1. The following items are not included in this bid: Impact fees Utility development & utility hook up fees Church furnishings and pews Stained glass Window treatments Appliances Sound system Security system Fire alarm monitoring Builders Risk 2. The following allowances are included_ in this bid: Finish Hardware per specs Toilet Accessories per specs Wall protection system per specs Speaker fabric @ $12.50 per yard Irrigation @ $10,000.00 3. Interior doors are provided as stain grade birch veneer. 4663 1300 53rd Street • West Palm Beach, Florida 33407 -97RR Mary Church Bid Page 2 May 1, 2003 4. Drywall ceiling finish is smooth. 5. Site lighting poles are concrete to match existing. 6. Exterior brick to be closest match since original brick is no longer available. 7. Specified Hurricane shutter system is no longer available — standard hurricane panels are included for W5 openings only. 8. Permit fee in included. 9. Performance bond and Payment Bond are included. Attached find a breakdown for review and discussion. Thank you for the opportunity to work with you on the project over the last 3 years and we look forward to working with you on this final phase. Sincerely, Martin Serraes, Vice President Eric. Bid breakdown 4664 St. Mark Church Bid Breakdown May 1, 2003 General Conditions GC $195,609.00 Clear & Grub RP Hamby $34,918.00 Const. Fence GC $4,018.00 Demolition Cushing Demolition ** $48,480.00 Water & sewer Dawson Williams $30,213.00 Drainage Dawson Williams ** $28,859.00 Paving & curb Hamby $128,492.00 Brick Walks GC ** $10,410.00 Building Pad Hamby $29,400.00 Landscaping Tropical Landscape $16,587.00 Irrigation Allowance $10,000.00 Cast in Place concrete GC $161,912.00 Block & Brick George Fraker $71,609.00 Structural Steel Sembco Steel $192,950.00 Steel Trusses Allowance $48,175.00 Railing & Crosses Miller Custom Metals $27,117.00 Roof system Murton $396,000.00 Rough & Finish carpentry GC $44,555.00 Hollow Metal GC $12,529.00 Finish Hardware Allowance $22,975.00 Waterproofing GC ** $2,500.00 Insulation GC $8,000.00 Window & storefront Coastal $64,732.00 Hurricane shutters GC ** $6,000.00 Painting A -1 Painting $30,795.00 Stucco /Structural Framing Wendall Hall $122,600.00 Drywall and Finishing Perini Interiors $190,715.00 Carpet/TileNCT Acousti Engineering ** $125,467.00 Acoustical Ceiling Acousti Engineering $6,829.00 Toilet Partition & Access. Allowance /Elechs $10,903.00 Misc. Items GC $3,232.00 Plumbing General Plumbing $56,785.00 Fire Sprinkler JW Fire Sprinkler $59,570.00 HVAC Smyth A/C .- - &280,000.00 Electrical /Fire Alarm Northridge Electric $359,450.00 Lightning Protection Bonded Lightning $13,685.00 Subtotal $2,856,071.00 plus Performance Bond $46,728.00 $2,902,799.00 plus GC overhead & profit $283201M Grand Total $3,186,000.00 4665 ** this item or part of this item not included in preconstruction estimate RPMGENERAL CONTRACTORS, INC. 600 N.E. 28th COURT, SUITE 200 POMPANO BEACH, FL 33064 TO: Fr. Mark A. Szanyi, OFM St. Mark's Catholic Church 643 NE 4 Ave Boynton Beach, fl 33435 -4196 FROM: Bob McTeague REF: Cost Proposal for Site Paving REMARKS Fr. Mark Szanyi, (954) 785 -8900 FAX (954) 785 -4070 No. Pages (including cover): 2 PHONE: 561 - 734 -9330 FAX: 561 - 735 -3463 JOB #: St. Mark's Attached you will find the requested cost proposal for Site Paving, Curbing And Stripping as per the plans. Work includes required Engineering, Layout and permits as required by the City of Boynton Beach. I look forward to your acceptance of the attached proposal Please call if ou have an tions Thank B Vc Feague El 1 • • t0. SEMf /�� o r C s' o � AME0.���' Commercial and Medical - Construction Management - Planning and Design GENERAL CONTRACTOR CGCO37314 RPM GENERAL CONTRACTORS, INC. 600 N.E. 28TH COURT POMPANO BEACH, FL 33064 REQUEST FOR COST PROPOSAL TO: (OWNER) FR. MARK A. SZANYI, OFM ST MARK'S CATHOILIC CHURCH 643 NE 4th Ave BOYNTON BEACH, FL 33435 -4196 COST PROPOSAL # (561) 734 -9330 FAX (561) 735 -3463 PROJECT: ST MARK CATHOLIC CHURCH - SITE PAVING, CURBS & STRIPPING PROJECT NO: Please sign below as acceptance of this proposal Description: ST MARK CATHOLIC CHURCH - SITE PAVING, CURBS & STRIPPING Scope of Work: PAVING, CURBS & STRIPPING WORK INCLUDES LAYOUT, ENGINEERING AND PERMITS ALL WORK AS PER PLANS Cost Breakdown: DIV DISCRIPTION 01 SUPERVISION GENERAL CONDITIONS DUMPSTER CLEAN UP /PROTECTION 02 SITE PAVING CURBS STRIPPING Sub Total Permit Allowance 1.75% $113,805.05 G.C. Fee 12.50% $115,796.64 Insurance 1.785% $130,271.22 Total Cost Proposal Contract Time will be 45 DAYS Attachments: Back -up: RPM GENERAL C CTOR, Inc. Subm By_ - — -- Teague Accepted By: Date: Date: 4667 Amount 18,900.00 7,429.28 1,575.00 1,916.78 83,984.00 CGCA # 037314 (954) 785 -8900 FAX (954) 785 -4070 rpm @rpmgc.com 121601 $113,805.05 $1,991.59 $14,474.58 $2,325.34 $132,596.56 D oi DANIELS BROTHERS, INC. GENERAL CONTRACTOR CGC- 021761 April 28, 2003 rr. Mark Szanyi St. Mark Catholic Church 643 N1✓ 4' Ave, Boynton Beach, Fl Re: Proposed Renovations and expansion of Existing parking lot Dear Fr. Mark, FAX (561) 697 -4711 We propose to furnish and install all labor and materials necessary to complete the parking lot renovations that include: curbing, new asphalt, cutting and patching and stripping as per the site plan prepared by Kcshavarz & Associates, Inc. dated 03/17/03 for the sum of $140,340.00, one hundred forty thousand three hundred forty dollars. If you have any questions concerning this estimate, please contact me. Respectfully submitted, Ronald L. Daniels ME (561) 697 -4490 • Congress Business Center • 1294 North Congress Avenue • West Palm Beach, Florida 33409 COLOR PHOTOGRAPHS 4670 G r, uch 1 � 7 QCi 11� - -J c or+ V ie U) + --- a b b P�mLf� 0-o kot5 vie 4671 Memo To: CRA Board From: Susan Vielhauer Date: January 23, 2004 Re: Consideration of Facade Grant Extension for Fred and Joe's Automotive According to the Facade Grant Program, the applicant must request a six -month extension if they will not be completed within the grant period of six months. This six - month period shall begin when the CRA Board approves the extension. Due to unforeseen circumstances, the SBA Loan was delayed because of the required satisfactory report from Dynamic Enviro Concerning the Phase I Study of the property and the applicant has not been able to move forward. At this time, the application has satisfied the requirements of the Small Business Administration and is waiting for a closing date to move forward with the renovations for Fred and Joe's Automotive. Staff is recommending the approval of the extension in order for Fred to complete the requirements of the Facade Grant. 4672 V&C TIRE ANA AVTO CENTER, INC. D /B /A FRED & JOE'S AOTOEDGE Phone: 561- 732 -4102 Fax: 561- 732 -4410 Email: fredjoes @bellsouth.net Community Redevelopment Agency 639 East Ocean Avenue Boynton Beach, Florida 33435 311 East Boynton Beach Blvd. Boynton Beach, F133435 January 15, 2004 Dear Mr. Hutchinson and Board Members: Due to unforeseen factors, we have been unable to commence our remodeling project and ask the Board to please grant a six -month extension. As per the attachment you can see that we were approved for a SBA Loan in November of 2003. That approval is contingent on a satisfactory report of Dynamic Enviro concerning the Phase 1 Study of the property. That firm has been contacted this week regarding the delay. When this matter is resolved, which we expect to be in the very near future, we will sign the final commitment papers withbank. With that accomplished, we will engage the contractors and begin to pull the permits. We will advise you when this process is begun. Thank you for your patience. We, too, are eager to begin the renovations that you have approved. Hopefully, construction will begin in the very near future. Sincerely, Fred Violette President 4673 U.S. SMALL BUSINESS ADMINISTRATION Francisco A. Marrero District Director South Florida District Office Gilbert Coldn SBAi 100 South Biscayne Boulevard, 7 Floor D District Director Miami, Florida 33131 -2011 November 13, 2003 FRED & JOE'S AUTOEDGE 319 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 ATTN: PRESIDENT Dear Borrower: Welcome to the SBA family! We would like congratulations & TRUST on the receipt of your new forward to SBA l oan guarantee through FIDELITY FEDERA L BANK continued success of your business. As a follow -up to the financial assistance that you have received, we would like to take this opportunity to inform you of the additional services that SBA can provide to you and your business. Listed briefly below are some examples of the assistance available: • Entrepreneurial Development — Technical assistance provided by resource partners at little or no cost. • Government Contracting — SBA assistance to ensure that small businesses obtain a fair share of government contracts and subcontracts. • International Trade — Financial and technical assistance available to small .and medium exporters. • Minority Business Development — Business development assistance for socially and economically disadvantaged business owners. We hope that you will avail yourself of these services as you deem necessary. We welme your comments or questions regarding the support that our district office is providing. Please feel free to contact the South Florida District Office at (305) 536 -5521. Again, thank you for giving us the opportunity to assist you and your business. Good luck in your future endeavors! Sincerely, Francisco A. "Pancho" Marrero District Director South Florida District Office 4674 Memo To: CRA Board From: Susan Vielhauer Date: January 23, 2004 Re: Consideration of Facade Grant Extension for Boynton Boundless LLC According to the Facade Grant Program, the applicant must request a six -month extension if they will not be completed within the grant period of six months. This six - month period shall begin when the CRA Board approves their extension. Boynton Boundless LLC has begun extensive renovation at 209 -211 Seacrest Boulevard, which is 50% completed. They have experienced unforeseen delays due to work needed with the adjacent right -of -way and FDOT. Staff is recommending the extension of the Facade Grant for Boynton Boundless LLC. 4675 BOYNTON BOUNDLESS, L.L.C. 102 N. Swinton Avenue Delray Beach, Florida 33444 (561) 265 -2666 January 21, 2004 VIA TELECOPIER AND HAND DELIVERY CRA Board Members Community Redevelopment Agency 639 Ocean Avenue, #107 Boynton Beach, Florida 33435 Re: Boynton Beach Office Building - Time Extension Our File No.:BOYB001 Dear Commissioners: We have begun the extensive renovations to the building located at 209 -211 Seacrest Boulevard and the renovations are approximately fifty percent (50 %) completed. We have experienced unforseen delays, first, due to the buildings original type of construction and second, due to coordination efforts between FDOT (Florida Department of Transportation) and the City of Boynton Beach for work that needed to occur within the adjacent right -of -way. Therefore, we respectfully request a nine (9) month time extension for the Facade Grant for which we were approved and we request that this matter be heard a next regularly scheduled meeting of the CRA Board, which is February 10, 2004. We are very excited about the project and we are looking forward to its completion as we feel it will be a wonderful contribution to the City of Boynton Beach and to the Boynton BeacKRA District. UT `'��' M el S. Weine MSW:vf Enclosures CC: Douglas Hutchinson, CRA Director O: \BOYB001 \Letter CRABoard.Jan21.2004.wpd 4676 Memo To: CRA Board From: Susan Vielhauer Date: January 23, 2004 Re: Consideration of Fagade Grant Extension for Grace Fellowship Church According to the Facade Grant Program, the applicant must request a six -month extension if they will not be completed within the grant period of six months. This six - month period shall begin when the CRA Board approves the extension. Grace Fellowship Church has had trouble maintaining their work schedules due to the following reasons: keeping the church and shops open and functional during the renovation, problems that arose when the old front was demolished, and contractor issues. They have now completed 96% of the work and anticipate completion in February. Staff is recommending the extension of the Fagade Grant for Grace Fellowship Church. 4677 �Grace Fellowship Community Redevelopment Agency Board 639 East Ocean Ave #107 Boynton Beach Florida 33435 January 15, 2004 Dear Sir, Dr. A.S. Brewster, Pastc (561) 369 -3266 - Hom I am writing to ask for an extension on the grant money of $15,000.00 that was given to us for the work that is being done at the 700 Plaza and in particular the new facade. As you know this is both a church and a small shopping area. We experienced some difficulty in keeping the work on time due to several factors: Keeping the church and shops open and functional during the redevelopment Unanticipated problems when the old front was demolished Finding contractors who would finish on time However, the work is now 96% completed and we anticipate that it will all be finished by the first week in February. We ask that you will accede to our request and grant an extension. Yours faithfully, Alan S. Brewster Sr. Pastor Grace Fellowship Church am 71 c'. C For -lorbl I— lir.l- Q.�. ire +.ter. Q... -..-.h MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration and Approval of the Financial Advisory Contract DATE: January 23, 2004 The Financial Advisory Services Contract has been reviewed by Legal Staff, CRA Staff, Don Fenton, (CRA Board Member), and Linda Dufresne, CPA. Staff has taken the review group's questions back to Julie Turner of William Hough & Co., and the questions have been answered to the group's satisfaction. Staff is recommending approval of the Financial Advisory Services Contract. Staff is also recommending moving forward with developing a financial strategy for the CRA. William Hough & Co. would review our budget, debt obligations, proposed programs, capital needs, etc. and bring recommendations back to the CRA Board for consideration. They will provide direction on potential types of financjr, and investment instruments as well as advantages and disadvantages of each as draft concepts for the March Board Meeting. 4679 FINANCIAL ADVISORY SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2004 by and between the Boynton Beach Community Redevelopment Agency (the "CRA ") and William R. Hough & Co., a Florida Corporation with its principal place of business located at 100 Second Avenue South, Suite 800, St. Petersburg, Florida 33701 (the "Financial Advisor "). 1. The CRA hereby retains William R. Hough & Co. and William R. Hough & Co. hereby agrees to act as Financial Advisor to the CRA. 2. The term of this Agreement shall commence with the execution hereof and shall terminate three years from said date (the "Termination Date "). The Agreement shall automatically renew for an additional two -year period, unless within thirty (30) days prior to the Termination Date hereof either Party provides written notice to the other party stating their intention not to renew the Agreement. Either party may cancel and terminate this agreement upon thirty (30) days written notice to the other party, or at that time, all responsibility and obligation under this Agreement will terminate. Once notice of Termination has been received, all work shall cease unless otherwise directed by the CRA. In the event of early termination of this Agreement, the Financial Advisor shall be compensated on all projects in progress until the date of formal written notification. 3. Scone of Work to be Performed. The Financial Advisor agrees that upon request the following services may be performed by the Financial Advisor in consideration of the compensation in Paragraph 4 hereto: a. Planning and Development Phase I: 1. Attend meetings as requested by the CRA for the purpose of developing a long term plan to address all proposed programs and capital needs and how these needs should be funded. 2. Perform a comprehensive analysis on the budget's financial needs. 3. Carefully analyze financing methods to determine the best methods for the CRA consistent with current economic and capital market conditions and rating agency criteria. The Financial Advisor shall provide advice as to the advantages and disadvantages on long term financing and credit enhancements. The Financial Advisor will make recommendations as to the use of municipal bonds, surety bonds, letters of credit or other credit enhancement devices. 4. Prepare a comprehensive plan for the offering of bonds, taking into consideration federal arbitrage regulations and other legal parameters, presenting financing alternatives, evaluating debt capacity, evaluate future flexibility and vulnerability to market conditions, estimating financing cost and setting forth various structuring alternatives. 5. Consult with Moody's, Standard & Poor's or Fitch with regard to the proposed financing, attend meetings and participate in those meetings. 4680 Financial Advisory Contract 1/23/2004 2:46 PM 1 b. Bond Phase IT 1. Prepare a time schedule coordinating the actions of the CRA and other members of the bond working group, estimating the date of the sale of bonds and availability of the proceeds. The Financial Advisor may be asked to consult with the bond - working group to select the Investment Banker Services associated with the Tax Increment Bond Financing. 2. Assist in the preparation of materials for presentations to rating agencies and assist in obtaining the most favorable rating possible. 3. Provide assistance and recommendations with the selection of ancillary service providers such as registrar, trustee, bond counsel and printer. 4. Advise on the appropriate timing of the bond sale, terms and conditions of the sale including maturity schedule, underwriter discounts, advising on redemption provisions, provide interest rate bidding requirements and basis for award. 5. Advise the CRA as to the advantages and disadvantages of a negotiated versus a public sale of bonds. 6. Provide CRA Bond Counsel with information regarding bond structure necessary for the drafting of the authorizing bond resolution or ordinance and validation documents. 7. Act as a liaison with CRA Bond Counsel and coordinate other professionals providing information in connection with the proposed financing. 8. Assist the staff and disclosure counsel in preparation of the comprehensive official statement of the bonds in conformance with full disclosure guidelines and arranging for its printing. 9. Provide the following work products for each competitive and negotiated debt offering; Presale Analysis, Post sale Analysis, Rating Agency Presentation outlines and 'bt - fier such analysis, cash flow projections and materials necessary for financial planning and bond sale purposes. 10. Assist with bond - closing details including coordination with bond counsel in order to ensure delivery in the shortest possible time frame. 11. Furnish prompt, complete reinvestment analysis so that maximum earnings will result for investing bond proceeds, in addition to assisting staff with establishing a schedule for drawdown of funds, if any. 12. Provide the CRA with bond and interest records showing required semiannual payments and other information relevant to the completed financing. 13. Solicit bids on investment of idle funds, if requested. 4. Compensation. The Financial Advisor shall be compensated, for all work performed, for the CRA pursuant to paragraphs 3 of this Agreement as follows: 4681 Financial Advisory Contract 1/23/2004 2:46 PM 2 a. Planning and Development Phase I and Other Specific Proiects Not Related to the Issuance of Debt: The Financial Advisor shall be paid the following hourly rates for all time expended by its personnel for specific projects requested by the CRA, as follows: Senior Vice President $185 per hour First Vice President and Vice President $165 per hour Assistant Vice President and $100 per hour Financial Analyst Support Staff $ 35 per hour The CRA and the Financial Advisor acknowledge that there will be special projects for which the services of the Financial Advisor may be requested which are not appropriately compensated for on an hourly rate and which do not result in the issuance of bonds as more specifically referenced below. Fees for these special services shall be negotiated on a case by case basis and shall be agreed to in writing by both parties. b. Bond Phase 11: In connection with the issuance of debt, the Financial Advisor shall be paid at closing in accordance with the following schedule with a minimum fee of $15,000 per transaction: Par Amount of Bonds Issued First $0 - $15,000,000 $15,000,000 - $25,000,000 $25,000,000 - $50,000,000 $50,000,000 — $100,000,000 $100,000,000 and above Fee Per $1,000 $1.50 $1.35 $1.25 $1.00 $0.75 There shall be a surcharge of $5,000 for competitive sales and/or refundings. C. In the capacity of placement and/or pricing agent of interest rate swaps or other derivative products, William R. Hough & Co. will charge a fee of 0.05% of the weighted average balance to be swapped each year, discounted at a taxable yield, with a cap to be negotiated on each transaction reflecting the complexity and risk associated with such transactions. For the reinvestment of bond proceeds, we will charge a fee of 3 basis points computed on the same basis as described in the previous sentence. d. For the preparation of the bid solicitation and review of bids received for securities to be purchased for escrow accounts, guaranteed investment agreements and other investments, the Financial Advisor shall be paid a Placement Fee of five basis points (0.05%) of the weighted average balance to be invested each year of the agreement, discounted at a taxable yield by the Agreement Provider on behalf 4682 Financial Advisory Contract 1/23/2004 2:46 PM 3 of the Issuer. e. The Financial Advisor shall be reimbursed for all out -of- pocket expenses. Travel expense reimbursement shall comply with the State of Florida's policy for reimbursement of City employees. 5. Other Services. The CRA agrees that the following category of services, or other services not enumerated herein, when requested in writing to be performed by the Financial Advisor shall be compensated in a mutually agreed upon manner confirmed in writing by both parties. a. Assisting with validation proceedings and/or testifying as an expert witness with respect to offerings. b. Providing secondary market disclosure services upon request in compliance with Rule 15c (2) -12 of the Securities and Exchange Commission. c. Advice on various budget and funding matters not specifically related to the offer of securities or other financings referenced in Paragraph 3 herein. 6. Julie A. Turner, First Vice President, will be the primary banker for the Financial Advisor for all work performed herewith. Other professionals will perform services as directed by Julie A. Turner. Julie A. Turner may be removed from this position at the CRA's request. 7. The parties acknowledge that the Financial Advisor may have ongoing business relationships with other investment banking firms and financial advisors, including firms doing business with the CRA. 8. This Agreement does not govern, nor does it prohibit the Financial Advisor serving in other roles, such as investing funds as a broker /dealer, selling securities to the CRA as principal or other activities. 9. Insurance. The Financial Advisor has all insurance required by the CRA on Attachment 6 of the CRA RFQ No. 2003 -4 Financial Advisor Services. Such insurance shall remain in force throughout the term of this agreement. 10. Severabilitv. Should any term, provision, covenant, condition or other portion of this Agreement be held illegal or invalid, then such illegality or invalidity shall not affect the remainder of this Agreement, and the remainder shall continue in full force and effect as if such illegality or invalidity had not been contained herein. 11. Agreement. This Agreement may be executed in one or more copies, each of which shall be an original, and the copies together constitute but one in the same Agreement, which may be amended in writing with the consent of both, parties from time to time. 12. Assignments. The parties to this Agreement each bind itself and its partners, successors, legal representatives and assigns to the other party to this Agreement and to the 4683 Financial Advisory Contract 1/23/2004 2:46 PM 4 r,.­ ____­___ . ___ __....„.. . partners, successors, legal representatives and assigns of such other party in respect to all covenants and provisions of this Agreement and both parties recognize that this Agreement is non - transferable to a third party. On December 16, 2003, the Financial Advisor and RBC Dain Rauscher Inc. ( "RBC Dain ") announced that RBC Dain has agreed to acquire all of the outstanding stock of the Financial Advisor, subject to regulatory approval, in a transaction that is expected to close on February 27, 2004. According to the agreement, the Financial Advisor will merge into RBC Dain at or about that time. RBC Dain is a Minnesota Corporation and broker - dealer subsidiary of Royal Bank of Canada, a Canadian financial services company. Upon consummation of the merger, insofar as this Agreement with the CRA is concerned, RBC Dain will by operation of law become the successor in interest to this Agreement between the Financial Advisor and the CRA. 13. Entire Aareement. This Agreement constitutes the entire agreement between the parties and shall supersede and replace all prior agreements or understandings, written or oral, relating to the matters set forth herein. Notwithstanding the foregoing, however, the Financial Advisor hereby affirms the accuracy of the information provided by it in its proposal to the CRA. 14. Amendment. This Agreement shall not be amended or modified other than in writing signed by the parties hereto. 15. Governing Law and Venue. This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida with venue lying in Palm Beach County Florida. 16. Notice: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave, Suite 107 Boynton Beach, FL 33435 And Lindsey Payne Goren, Cherof, Doody, & Ezrol 3099 Commercial Blvd, Suite 200 Fort Lauderdale, FL 33008 And if sent to the Financial Advisor, shall be mailed to: Julie Turner William Hough & Co. 100 -2 Avenue South, Suite 800 St. Petersburg, FL 33701 .., Financial Advisory Contract 1/23/2004 2:46 PM 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and their seals to be affixed hereto as of the day and year first above written. Witness: Witness: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY IM Title: WILLIAM R. HOUGH & CO. go Title: 4685 Financial Advisory Contract 1/23/2004 2:46 PM 6 X. Commission Action a. New Fire Station Approved. b. Dance Studio Approved. c. Delray Boynton Academy Approved with Newly Designed Roof. -r f•:• 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. Xi. 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- 737 -3256 at least twenty -four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XII. 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 famish 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. 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 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. xiv. Future Agenda Items A. Consideration of Planning Services for Consolidation and Comprehensive Update to the Entire CRA Plan to Produce One Document (March). B. Consideration of Revised Direct Incentive Program (March). C. Consideration of the Business Genesis Program (March). D. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (March). E. Downtown Parking Study (March). F. Consideration of Regions Core Grant Applicant (March). G. Consideration of Planning Services for Boynton Beach Corridor Plan Extension from Seacrest to Federal (March). H. Draft 2002/2003 Annual Report (March). I. Consideration of Securing CBD Surface Parking Rights (April). J. Consideration of Pilot Program for Trolley Service in the CBD (2004/2005 Budget Year). .m 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. xv. Adjournment. 4691 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. CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels along the Federal Highway Corridor Redevelopment Area. All development and redevelopment shall be guided- represented by an wed corresponding site plan to be processed concurrent with the application for rezoning. pr-eeesses. The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; C. Create optimal pedestrian environments though appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use -High Intensity (MU -H) and Mixed Use -Low Intensity (MU -L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights. densities and intensities of development are regulated according to the classification of the roadwav determined to be the frontage. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use -Core (MX -C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU -H (Mixed- Use -High Intensity) Zoning District. Upon adoption of the Mixed Use -Core (MX -C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use -Core (MX -C) on the Future Land Use Map. The MU -H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. The district allows a maximum height of one hundred -fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all S:\Planning\ SHARED \WP\SPECPROJ\CODE REVIEW\CDRV MU -H MU -Mode strike&undendoc new developments within this district that front on streets designated as "arterial" or "collector" roadfr" ways on the "Functional Classification of Roadways Map" contain a vertical mixture of retail, office and/or residential uses. b. MU -L (Mixed- Use -Low Intensity) Zoning District. In order to complement the revitalization efforts in the City's commercial core, the MU -L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. The MU -L district is appropriate for low- to mid -rise developments that provide for medium density residential uses. The district allows a maximum height of seventy -five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. Building heights between seventy -five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new mixed use developments within this district shall front on streets designated as "arterial ". "collector ". or "local collector" roade-'- on the "Functional Classification of Roadways Map " and shall contain a mixture of retail commercial, office and residential uses. which may be arranged either verticallv or horizontallv. Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted "P ", Conditional "C" or Not Permitted "N ". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. TABLE 6F -1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE Residential or Lodging Use Group Bed and Breakfast Hotel Home Occupation Mobile Home Motel Residential, Single Family Detached Residential, Single Family Attached Residential, Multi - Family Boarding and Rooming House (except where provided by state law) Accessory Unit Live /work Unit MU -L ZONE I MU -H ZONE C N C P P P N N N N PC N P PC P P Z N N P N P ls P Is 2 S:\ Planning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code st ike&under.doc USE GROUP/USE Community Facilities Use Group Government Office /Civic Center/Library Recreation (outdoor) Museum House of Worship Police or Fire - Rescue Station Postal Center (retail sales only) Post Office Public Park Public Parking Lot or Garage Office Use Group* M * Not encouraged as a first floor use in the MU -H Zone Bank/ Financial Institution I Medical or Dental Office or Clinic Physical Therapy Clinic j Professional Business Office Veterinary Office or Clinic i MU -L ZONE MU -L ZONE C P P P C� P P MU -L ZONE C P¢ P- Pk P MU -H ZONE MU -H ZONE N N P 14 C1,3 P 0 P P MU -H ZONE j C P P P N Sales and General Commercial Use MU -L ZONE MU- ZONE Group* I I * Where permitted within the MU -L Zone, only on j Alcoholic Beverage Package Store lots fronting on major arterial roadways. P6 P6 Ammunition or Firearm Sale or Rental I N i N j Animal Boarding or Kennel I co N Animal Grooming j P¢ P6 Animal Sales I N N Antique Store j P¢ I P¢ Antique Mall/Flea Market I N N j Arts, Crafts, Hobby and Framing I p¢ p¢ Auction House I N N Automotive Parts Sales j N N Automobile Sales with Display I P P11 Bakery, Retail j P6 P6 Boat/Marine Sales/Rental j N P 1s Boat/Maxine Accessories j P6 P6 Bookstore P6 P6 Building Supplies or Materials I N N Bus Terminal I N N New Clothing, Shoes or Accessories P P 6 Boutique i I Contractor's Office/Equipment Storage j N I N Coffee Shop j P6 P6 Convenience Store j P6 P6 Custom Home Furnishings j P6 j P 6 S:\Pl -ning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike &undendoc USE GROUP/USE MU -L ZONE MU -H ZONE Sales and General Commercial cont'd I Cyber -caf6 P 6 P 6 Delicatessen P 6 P 6 Dive Shop and Instruction as Accessory Use P 6 P Drug Store or Pharmacy P" P Gasoline Sales with/without Vehicle Service C 1O N Grocery Store, Supermarket P' P 7 Florist P 6 P Hardware Store P 6 P 6 Health Food Store P 6 P 6 Home Improvement Centers N N Lumber Yard N N Marina C C I Newsstand P 6 P 6 Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking Lot or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, I P 12 P 6 Parts or Repair I Photographic Studio and Photographic I E P 6 I CP 6 Supplies Restaurant, w/Drive Thru N N Restaurant, Sit -Down GP 6 P 6- Specialty Foods and Confections P 6 P 6 Sporting Goods P6 Pb Tobacco and Accessories P 6 P 6 Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair I I Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage I ( Video Rental P 6 ( P 6 Wholesale/Warehouse/Distribution N N Service Use Group* MU -L ZONE MU -H ZONE * Where permitted within the MU -L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa P b P 6 Dance Studio P 6 P 6 Dressmaker or Tailor P 6 P 6 Drycleaner P 6 ' 8 P 6 ' 8 Fitness Club EP 6 P 6 Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat P 6 N Medical Outpatient Facility C 6 C 6 Nursery, Preschool or Child Daycare P 6 N i 4 S:\ Planning \SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike &undendoc USE GROUP/USE MU -L ZONE MU -H ZONE Service Use Group cont'd MU -L ZONE I MU -H ZONE Nursing or Convalescent Home I N N Photocopy Center P6 P6 Self- Storage or Mini Warehouse I w 14 N Shoe Repair I P 6 P 6 Soup Kitchens /Substance abuse Centers/ N N Shelters/Half -way Houses Tattoo Parlor/Body Piercing N N Entertainment Use Group MU -L ZONE N MU -H ZONE Adult Entertainment I N N Bar, Cocktail Lounge C¢ P6 Billiard Club/Bowling Alley/Indoor 0 P6 Recreation Facility I ( Bingo Hall I N N Fortune Teller I N N Movie Theater I N C Night Club I N C Performing Arts Theater I N P Private Clubs, Lodges and Fraternal 0 0 Organizations I Accessory Use MU -L ZONE MU -H ZONE Drive -Thru Facility (other than accessory C 9 N use to financial institutions and restaurants) Restriction Notes: I Must be integrate in an intel?ral Dart of a mixed -use development that inelud & a :c compromising a minimum maximum of 30 percent of the gross floor area of the entire development- withi the mt hi l +>, s For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. 5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. S:\Planning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike&undendoc 8 On -site drop -off and pick -up only. 9 Drive -thru facility, including stacking lanes, must be screened from public right -of -way and requires conditional use approval. Ingress /egress shall not be from/to an arterial roadway. 10 Shall comply with provisions of Chapter 2, Sec.I I .L., pertaining to retail sale of gasoline or gasoline products. 11 Not permitted on property with Federal Highway Frontage in the MU -L Zone unless consistent with restriction note number six (6). 12 Indoor storage /display shall not exceed 10,000 square feet. 13 In conjunction with a permitted marina use. Storage /display allowed only in wet docks or indoor not to exceed 10,000 square feet. 14 See Section 14 for regulations. 15 See Section 15 for regulations. 5. Building and site regulations. Minimum Parcel Size MU -L ZONE MU -H ZONE Residential Or Lodging Use Group Hotel - -- 3 acres* *or is part of a mixed use development of at least 3 acres. Residential, Single Family Detached 5,000 sq. ft. - -- Residential, Single Family Detached w /Accessory Unit 7,500 sq. ft. - -- Residential, Single Family Attached 7,500 sq. ft. 65,000 sq. ft. Residential, Multi - Family 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Public Park no minimum no minimum All other Uses 10,000 sq. ft ** 10,000 sq. ft, ** rezonine from sinele- familv residential to MU -L requires a minimum lot size of 3 acres if there is no frontaee on an arterial or collector roadway. Minimum Living Area MU -L ZONE MU-11 ZONE Sing Family Detached 1,000 sq. ft. - -- All other Residential 750 sq. ft. 650* sq. ft. Accessory Apartment 750 sq. ft. - -- * Size of all units must average 1,000 sq. ft. Minimum Lot Frontage Residential Or Lodging Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhome) Residential, Multiple - Family All Other Uses lu t8a 1f!k9) 50 ft. 75 ft 25 ft 100 ft. 100 ft. MU -H ZONE 100 ft. 100 ft. 6 S:\Planning\ SHARED \WP \SPECPRO]\CODE REVIEW\CDRV MU -H MU- L\Code strike &undendoc Maximum Height MU -L ZONE MU -H ZONE Residential Or Lodging Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhomes) "'___= O ther-Uses 35 ft. 35 ft 35 ft q5-W -1-01 45 ft. lso_ft Locational Reauirements for Height. Densitv and Floor Area Ratio* All Other Uses Tvne Of MU -L ZONE Zone Districts Roadwav MU -L ZONE 15% Residential Or Lodging Use Group MU -H ZONE Frontage Height' Density FAR Height' Densitv FAR Arterial i 753 - 1003'4 ft 40 du/ac 1.5 -2.0 150 ft.' 80 du/ac 4.0 Collector 45 -75' ft 20 -40 du/ac 1 -1.5 150 ft.' 80 du/ac 4.0 _Local Collector 45 ft 20 du/ac 1_0 NO NO NO Local I NO NO NO NO NO NO Minimum Heieht on anv street frontaee is 35 feet. Z ' Includes all habitable svace. includine residential units. (excluding DarkinE structures) 3 ' Maximum height of front facade is 45 ft. above which buildine must step back a minimum 10 ft. of stepbaelf for eves each additional 50 ft. of height. 4' May increase to the maximums, subject to conditions to minimiz design and land use incompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2) -story building. MINIMUM PERVIOUS AREA MU -L ZONE MU -H ZONE Community Facility Use Group Public Parking Lot or Garage - -- 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% - -- Residential, Single Family Attached 30% 120% 30% All Other Uses 15% FRONT YARD SETBACK Residential Or Lodging Use Group Residential, Single Family Detached build to line Residential, Single Family Attached build to line Residential, Multi - Family build to line All Other Uses including mixed use with a single - family attached component — build -to line MU -L ZONE MU -H ZONE 10 ft. - -- 10 ft. - -- 10 ft. ` 0 -15 ft. 0ftor10W 0fter = 1015W S:\Planning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike &undendoc ' Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 2 Projecting feature(s) such as awnings, balconies, porches and/or stoops sly may be placed forward of the build -to line and shall maintain a minimum 2 -foot setback from any public sidewalk. 3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build -to line and shall maintain a minimum 5 -foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9 -foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping (below). SIDE YARD Residential Or Lodging Use Group Residential, Single Family Detached, Interior Corner End Residential, Single Family Attached (Duplex) Corner Residential, single Family Attached (Townhomes) End Corner Residential, Multi- Family All Other Uses Adjacent to Residential Single Family Attached or Detached in the MU -L Zone Adjacent to Other Uses MU -L ZONE MU -H. ZONE 6 ft. 15 ft 10 ft. 15 ft. loft 15 ft. 20 ft' MOM 25 ft.' 0 ft. 0 ft. ' 0 ft. ' plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single - family detached dwelling, less width of right -of -way. REAR YARD Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway Residential, Single Family Detached Residential, Single Family Attached a Residential, Multi - Family All Other Uses Where Yard is Adjacent to Intracoastal Waterway Where Yard is Adjacent to Residential Single Family Attached or Detached Where yard is Adjacent to All Other Uses MU -L ZONE MU -H ZONE 25 ft. 25 ft. 7.5 ft. - -- 7.5 ft. --- 25 ft. ` Oft.` 25 ft. 0 ft.' 25 ft. l 25 ft. z 0 ft. ` 0 ft.' ' subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU -L Zone 8 S:\ Planning\. SHARED \WP \SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike&undendoc 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6. Mixed Uses. Buildings containing residential and non - residential uses are required within the MU -H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU -L zoning district and subject to the same development standards as "all other uses." Residential uses within mixed -use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use - type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 7. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU -H and MU -L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding corner side setbacks and clearance needed for a drive that may be required to access the rear of the property. 8. Access. Within the MU -H and MU -L Zones. vehicular access to narkine shall not be directiv from an arterial roadway. if an alternative is available. 9. Landscaping a. MU -H District. (1) Trees. All new construction in the MU -H District shall provide shade trees in the streetscape. • The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. • Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. • In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. • Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing • Trees shall be regularly spaced. The spacing of the trees shall be 20 -25 feet on center. • Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. • Tree placement shall match the existing pattern, where appropriate. • Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. 9 S:\Planning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike&undendoc C. Tree Irrigation • Irrigation systems shall be installed to service all trees and other landscape materials. • Irrigation systems shall be in operable condition at all times. d. Sidewalks • All new construction in the MU -H District shall provide new sidewalks. 9 Sidewalks constructed along_ arterial roadways shall be a minimum of ten (10) feet wide. measured from the curb. • Sidewalks shall be Holland -Stone pavers, red /charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. e. Flower Containers • To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials are - enesufaged -to shall, where Dractical. be planted and maintained along facades of new building fronting on arterial roadways in the MU -H District. 310. Parking Requirements. Parking requirements for both the MU -H and MU -L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11I shall apply only to the MU -H zoning district. a. On -site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de- emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle /pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed -use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off - street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: 10 S:\ Planning\ SHARED \WP\SPECPROJ\CODE REVIEW\CDRV MU -H MU -L \Code strike&undendoc C. Freestanding parking garages as part of a mixed use development are permitted within the MU -H Zone only. Within the MU -H Zone, freestanding single -use parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum death of twentv (20) feet, so as to disguise the garage and create continuity in street - level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU -H and MU -L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU -H and MU -L Zones for multiple -floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth of twentv (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fagade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 114-0. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 124-4-. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid -block street crossings on these streets. S:\Planning\ SHARED \WP \SPECPROACODE REVIEW\CDRV MU -H MU -L \Code stdke&undendoc Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) ( Percent) ( Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 170 5 Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parking ", 1983) C. Freestanding parking garages as part of a mixed use development are permitted within the MU -H Zone only. Within the MU -H Zone, freestanding single -use parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum death of twentv (20) feet, so as to disguise the garage and create continuity in street - level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU -H and MU -L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU -H and MU -L Zones for multiple -floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth of twentv (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fagade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 114-0. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 124-4-. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid -block street crossings on these streets. S:\Planning\ SHARED \WP \SPECPROACODE REVIEW\CDRV MU -H MU -L \Code stdke&undendoc 134-2. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. 144-3. Density. The Comprehensive Plan shall regulate mamftnuffl defisi Self - storage Desig Requirements. a. Location ofself- storage use. Self - storage uses shall onlv be allowed above the first floor in a mixed -use structure. b. Ground -floor retail uses reauired. Street frontages of the ground floor area shall be devoted to one or more principal retail uses. not related to the self - storage use. to a death of at least twentv (20) feet. c. Access to self - storage facilities. Access to self - storage use portion of the structure shall not be from/to an arterial roadwav and must be screened from public right -of -way. d. Design of buildines. Buildings shall be designed to have the appearance of a multi -story retail. office and/or residential structure through the use of windows. shutters. and appropriate building elements on the upper floors. 15. Live/Work Unit Requirements. a. Minimum Floor Area. The minimum floor area of a live /work unit shall be one thousand (1.000) square feet. b. Permitted floor Area. No more than 30% or four hundred (400) square feet. whichever is greater. of the live work unit shall be reserved for living space. including kitchen. bathroom. sleeping and storage areas. The rest of the gross floor area of each unit shall be reserved and regularly used for working space. c. Separation Reauired. Each live /work unit shall be a separate unit from other uses in the building. Access to each live /work unit shall be provided from common access areas. common halls or corridors. or directly_ from the exterior of the building. d. Parking. Each live /work unit shall be provided at least two and one half (2 %2) parking spaces. e. Permitted Work Activity. The work activitv in a building where live /work units are allowed shall be anv use Dermitted by right in the zoning district. except that in order to Drotect the health and safetv of Dersons who reside in a live /work unit. no work activitv shall be Dermitted that by virtue of size. intensity, number of emDlovees or the nature of the operation, has the Dotential to create significant impacts by reason of dust. glare. heat. noise. noxious gasses. odor. smoke. traffic. vibration or other impacts, or would be hazardous by wav of materials. process. Droduct or wastes. 12 S:\ Planning\ SHARED \WP\SPECPROJ\CODE REVIEW\CDRV MU -H MU -L \Code strike&undendoc f. Occupational License Required. At least one occupant of an individual live /work unit shall maintain a current occupational license for a business located in that unit. g. No Separate Sale or Rental of Portions of Unit. No portion of a live /work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No Conversion of Units. No live /work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live /work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a vroiect, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a vroiect. 4416. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single - family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty -five percent (25 %) of the total floor area of the single - family dwelling and shall in no case be more than 750 square feet. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80 %) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store ". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house: an informal cafe or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber cafk: a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. 13 S:\ Planning\. SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -Mode strike&under.doc Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facilitv or private club which has as a PRINCIPAL USE a gvmnasium. swimming Dool or other snorts facilitv and which may offer massages. whirlD_ ool baths. steam rooms. saunas or medical facilities as ACCESSORY USES to the PRINCIPAL USE. Fortune- teller /Psychic: semebed y Person who makes predictions about the future through methods including astrology, pahn reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half -way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. E are &ffeFe , al'. be *..r !ebby and reffide%-. Hotel: A building or portion thereof containing twentv (20) or more guest rooms efficiencv units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirtv (30) days. Ancillary facilities may include conference facilities. restaurants. bars. recreation facilities. ballrooms. banauet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobbv and corridors or from an exterior court which is within a secured area. Hotel, Extended Stav: Anv all -suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occuD_ ied for at least thirtv (30) days and no more than one hundred and eighty (180) days. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Live/Work Studio: A commercial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building Drimarily designed and used for commercial occuvancv and Droviding. 1. adeauate working spaced reserved for commercial use and regularly used for such Duroose by one (1) or more persons residing in the studio. and. 2. living space containing_ . but not limited to. a sleeping area. food urenaration area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. 14 S:\ Planning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -Mode strike &under.doc Mixed Use Development: a combination of two or more uses on a single parcel. In the Mixed Use -High zoning district this shall consist of a structure or series of structures containing ground floor retail commercial with office uses and/or housing above. In the Mixed Use -Low Intensity zoning district, mixed -use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi- Family: A building containing three (3) or more dwelling units that cannot be classified as single - family attached. Residential, Single Family Attached: Two (2) or more one - family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single - family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low - cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low -cost meals or distributing free or very low - cost pre - packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. Theater: A building or outdoor structure expressly designed for the Dresentation of n_ lays. oDeras. music concerts. motion Dictures. etc. .15 S:\ Planning\ SHARED \WP\SPECPROACODE REVIEW\CDRV MU -H MU -L \Code strike&undendoc Memorandum To: CRA Board From: Annette Gray Date: February 10, 2004 Re: Events Funding Request Wheels Weekend 2004 The request received with your back up documentation last week, identified BODA as one of the partners for Wheels Weekend. Since that time, BODA has withdrawn the request of partnership as a result of internal organizational changes. The realignment of the Organization has been identified as a priority by it's membership at this time. As a result, the "Wheels Weekend" event as a BODA event is not practical at this time. With the withdrawal of the BODA request, the Chamber of Commerce has stepped forward to fill the vacated partnership spot in the interest of continuing an event that has successfully grown over the past 2 years. For the year 2004, "Wheels Weekend Event" will be a Partnership among The CRA, the City and the Chamber of Commerce. The three partners will work together on this two day event to capitalize on funding and staffing resources. Many BODA members will be involved in the project planning and production aspects. BODA will be encouraged to evaluate their goals for activities downtown. The CRA will stand ready to help BODA if they wish to partner on any future events. the Grea ter Boynt -, each m Chamber of Commerce February 9, 2004 Mr. Doug Hutchinson Executive Director City of Boynton Beach C.R.A. 639 East Ocean Avenue, #107 Boynton Beach, FL 33435 Dear Doug: On Friday, February 6 it was brought to the attention of the Chamber's Board of Directors that there was a possible `weak link' in the WheelsWeekend event structure that could be detrimental to the over all weekend event planning. After some discussion, the Chamber's Board of Directors voted in favor of stepping forward and lending support to insure that the downtown Saturday events occur as they have in past years. I understand that the leadership of the Boynton Ocean District Association is currently being restructured and in an effort to allow BODA sufficient time for their new leadership to form, the Greater Boynton Beach Chamber of Commerce wishes to apply for a $7,500 CRA Event Grant. The WheelsWeekend Event Grant will serve to strengthen the established partnerships between the CRA, the Chamber of Commerce, BODA and the City; bring an economic development awareness of opportunities to the downtown business district and attract citizens and visitors to our community. • The Greater Boynton Beach Chamber of Commerce is a duly registered not - for -profit corporation doing business in and for the greater Boynton Beach business community. 100% of all monies received through this event grant will be used to directly benefit the community revitalization area of the Boynton Beach CRA. a The GBB Chamber of Commerce requests the in -kind assistance of CRA staff in coordinating Saturday (April 3` activities for the 2004 WheelsWeekend event, to the same extent of the work done in 2003. 639 East Ocean Avenue, Suite 108, Boynton Beach, FL 33435 phone 561.732.9501 Fax 561.734.4304 Page 2 WheelsWeekend Grant Request Greater Boynton Beach Chamber of Commerce • The GBB Chamber of Commerce will be responsible for providing supporting financial records and documentation to the CRA Board of all funds received and expensed at the conclusion of the event, not later than thirty days after. • The Chamber acknowledges the eight points covered under the two -page Program Agreement for Festival/Event/Program Guidelines and attaches a notarized copy of the agreement as part of our request. • The GBB Chamber of Commerce will name the CRA as an additional insured on its Certificate of Insurance for General Liability, as relates to this special event. • The GBB Chamber of Commerce requests staff assistance from the CRA in coordinating the details of Saturday's downtown event. Chamber staff will work with CRA staff to insure a pleasant quality event for the downtown community, businesses, residents and visitors alike. • The $7,500 grant amount is equal to the amount expensed in 2003 for this same event. • The GBB Chamber of Commerce will make every effort to involve members of BODA and other downtown merchants in the planning and execution of this event. Sincere , Diana H. Johnson President 2003/200.4 FESTIVAL / EVENT/ PROGRAM GRANT FUNDING PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Festival / Event / Program: Name of Applicant: Address: Address: City/ State: 2004 WheelsWeekend — Saturday, April 3rd Greater Boynton Beach Chamber of Commerce 639 East Ocean Avenue, Suite 108 Boynton Beach, FL Zip Code: President /Owner/ Agent: Diana H. Johnson Non -Profit Status: Not - for - Profit Corporation 33435 Phone # Day: 561- 732 -9501 Evening: 561 - 357 -8033 Fax: 561 - 734 -4304 E -Mail : Chamber@boyntonbeach.org Festival ❑ Event XX Program ❑ Other ❑ Description of the Festival /Event/Proaram if this is not included in Citv Event Permit Application Attachment. (Include whether it is a new or existing with history) 2004's WheelsWeekend event is an annual event with two prior years history of downtown activities held in the CRA area for one of the two days. City Event Permit has not yet been applied for. 2004's Saturday event will closely mirror 2003's planned activities taking place on Ocean Avenue west of Federal Highway. Saturday, April 3 will begin with a 20+ mile car cruise including a lunch at Ellie's 50's Diner, followed by a `skills challenge' (site to be determined) and ending with a 50's style street dance on Ocean Avenue with various activities such as costume and dance contests, hula hoop contests, food and craft booths and children's activities. Boynton Beach Community Redevelopment Agencv Sunday, April 4 will be a day long car show with judging and adult activities, taking place at Bethesda Health City on Hagen Ranch Road and the Florida Turnpike in western Boynton Beach. Sunday's activities are independent of Saturday's activities and the sole responsibility of the GBB Chamber of Commerce. Describe the Role of the CRA: 0 Funding Only XX Funding and Staff In -Kind Assistance The Chamber asks for the CRA's participation equal to that of 2003's event in the coordination of Saturday's activities. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to ply with its con nt. Organization President or Agent (Print) 4 / /4 5 7m �Z Date Signed STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared _ j Q n��)h of produced ., who is ersonally known to me or as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this `11 day of �f� /' {,C`I A , 200 NOTARY PUBLIC 5G V G 6tlk ,,,_ c-C , J My Commission Expires: (,f,�J� t,{ S �( aµr r Susan Vielhauer My Commission DD216903 a Expires August 1, 2007 Boynton Beach Community Redevelopment Agency T, To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: MU -H Date: February 10, 2004 I have the following comments for consideration on the revised zoning code for mixed use districts in the CRA Area for your review and comment. A format comment is to number the different tables in the ordinance. Section 3 — Last sentence in a "...contain a vertical and /or horizontal mixture..." Minimum parcel size table: Minimum Hotel Lot size should be one acre for stand alone projects. Remove * note. The ** note is incorrect - remove. Projects must have frontage on main roads as shown on page 7's second table to use any mixed use zoning options. Minimum Living Area Table: The unit size being reduced to 650 sq. ft. is a step in the right direction as it has the potential to bring units costing less into the MU -H District. The size allows for price per square foot to remain high but due to a smaller size, the overall unit price is lower. The sizing follows the strong market trend to smaller units. The trend shows no signs of slowing for two reasons. First, Baby Boomers travel more and have smaller family needs. Second, young professionals are seeking the lifestyle of an urban setting and they all not wanting large units or extensive maintenance of regular home ownership. I however do recommend that the average project unit size be brought down to 850 sq. ft. from the 1,000 sq. ft. proposed. This high average unit size is counter productive to bringing a more diverse income mix to MU -H. I do not suggest an increase in density, therefore, less unit space can generate greater public areas and /or amenity packages for projects. I therefore highly recommend a change to 850 sq. ft. average unit sizing in MU -H. Locational requirements for Height, Density and Floor Area Ration Table: Height for MU -L zone on arterial roads at 100' is too tall. 75' is sufficient height to attract quality development projects to the MU -L areas. I also think that minimum lot size and depths should be established to make sure tall projects have room for step backs at adjoining residential neighborhoods. Section 15 a & b: Live/Work Unit Requirements. The addition of Live/Work units is very good. These units encourage small businesses to locate in the downtown areas. However, the ratio limiting the residential portion to 30% is in reverse to the needed response. The Live/Work should encourage small businesses where a home office is practical. A small office limits the number of employers and clients patronizing the location. These configurations need to be a transition between commercial and residential. With only 2.5 spaces and a minimum 70% of the space mandated for office use, I am concerned that the ratio will produce business activities that are not truly wanted in this type of neighborhood usage. I therefore recommend that the maximum business usage be set at 30% of the property sq. ft.; i.e., smaller business is better. Large business needs can be accomplished in the standard mixed use type of project. Section 16 Definitions — Hotel. I would recommend that the definition of hotel start with 10 rooms. This is a feasible sizing for "Boutique" Hotels or Inns which are proven successes in urban settings. Boynton is hotel challenged and several special niche facilities have real potential. Here again sizing encourages small businesses to locate in the CBD. I believe we should encourage opportunities for small businesses amongst the development giants and national credit tenants. Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Guidance Pathway Systems, Inc.: Sets of Approval Packages Date: February 10, 2004 We have attached the most current sign approval package from Guidance Pathway Systems, Inc. for your review. These packets were delivered for the CRA to assign colors for the Districts. Those names and colors are to be used on signs and the choices for legends that appear on the signs. Staff is requesting approval of the following colors to correspond with the Districts: Note these are the colors were suggested by the sign company; however, they were not assigned to specific Districts. MLK Ave. — Gold — PMS # 471 C Boynton Beach Blvd. — Purple — PMS # 2685C Ocean Ave. — Red — PMS # 201 C Town Square — Brown — PMS # 462C Marina District — Green — PMS # 343C General Signage — Blue — PMS # 072 Once we have assigned the areas' colors, verified area names, directional legends, and receive Board approval, Guidance Pathway Systems, Inc. will begin signage manufacturing. Please note that in order to stay consistent with the sign program which identifies districts or areas instead of specific buildings, we need to remove "City Hall" on sign 30C. We use "Heart of Boynton District" and "Ocean District" as points of destination. However, the Way Finding Signage program would be used to send travelers, tourists, business people, etc. to specific areas and not into general "neighborhoods." I would suggest that the Heart of Boynton District be changed to MLK Ave., Ocean District to Ocean Ave. and Boynton Beach Blvd. District to Boynton Beach Blvd. 4602 7 Members - 4 Yr. terms COMMUNITY REDEVELOPMENT AGENCY - 2003 LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATION Barretta ;lJames 1/10/08 74 BAYTREE LN Architect BOYNTON BEACH 33436 (561) 740 -0041 DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave — Ste. B -102 Boynton Beach, FL 33426 (561) 732 -6789 (561) 736 -2400 Ext. 107 Fax (561) 736 -1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23 CRANBROOK DR Edward Jones & 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, FL 33435 BOYNTON BEACH 33435 (561) 736 -9790 Chair Fax (561) 423 -2432 Ifgi @aol.com Fisher Charles 6/20/04 8069 STIRRUP CAY COURT Image Solutions BOYNTON BEACH 33436 Boynton Beach, FL (561) 364 -8717 c.m.fisherftatt.net Heavilin J nne 1/10/05 PO BOX 3693 (734 NE 9 T " AVE) Sailfish Realty BOYNTON BEACH 33424 532 E Ocean Avenue (561) 731 -4474 Boynton Beach, FL 33435 y (561) 738 -6613 Vice Chair \1 Fax (561) 738 -7911 jheavilin @msn.com Tillman Hen son 1/10/05 54 BENTWATER CIR Spanish River High School BOYNTON BEACH 33426 -7646 5100 Jog Road (561) 965 -6776 Boca Raton, FL 33496 (561) 241 -2200, Ext. 2540 6 S: \CC \WP\BOARDS \LISTS \CRA Board.doc - bg - 02/10/2004 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 AS \AAII I IR \1 \ %%it NII)1)11 \AA /F VAS- gptVW5 I MA11 1 \l, \DDRI \\ W 006r &Voi kJ6 4 * 4 CIIY DA I F 0% WHICH 1011 (1((1 RRFI) COU\IY TACM vow NAMF OF WARD. COIIN('II. (OMMIS \ION, AUI)IOkll Y.OR (OMMI11FE I HF B)ARD. COUNell . COMMIti\IUN. AU 1 HOR11Y Ok COMMI11 EE ON W HICH I RVF IS A UNIT OF A CIl O COUNTY O 0111ER 1 OCAI AGr%cy ,%AAME OF I01 IITIIC�AI SUBDIVISION V } •v _%54c' MY POSITION 1%. O ELECTIVE 4 APPOINTIVE WHO MUST FILE FORM 89 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this for before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county. municipal. or other local public office MUST ABSTAIN from %oting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and W (THIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before'making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM XS • 141 P %GE 1 0: nil ,� u L'i tis It tom• i 3 - :o ,mfum m;, request that the upcoming meeting on 2/10/04 be Thank you And m Mlccrny 7 561 43 100 6:c9-1; :WONd dZS:£0 0003-9 -83_