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Agenda 03-09-04I. Call to Order. II. Roll Call. III. Agenda Approval. IV. COMMUNITY REDEVELOPMENT AGENCY Tuesday March 9, 2004 Commission Chambers Boynton Beach 6:30 P.M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda-4696 A. Approval of Minutes ~ 10th Meeting - 4697 B. Financial Repod-4722 Price list for CRA Documents and Maps - 4733 Project signage and Groundbreaking Event Date for the Boynton Beach Boulevard Extension and Promenade Project. - 4739 Consideration of Planning Services for Boynton Beach Corridor Plan Extension from Seacrest to FEC Tracks. - 4740 Consideration of Planning Services for a Comprehensive Consolidation/Update to Produce One CRA Master Plan Document. - 4745 Public Audience-4752 VI. Public Hearing - 4753 4692 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. Old Business Code Review - 4753A 1. PROJECT: Mixed Use Code Review (CDRV 04-002) (Tabled) AGENT: City-initiated DESCRIPTION: Request for approval of proposed amendments to Chapter 2. Zoning, Section 6.F. Mixed Use Zoning Districts. New Business A. Code Review 1. PROJECT: Environmental Review Process OWNER: Staff-initiated DESCRIPTION: Request for amendments to the City's Land Development, Chapter 2. Zoning, Section 4.N.5, 6, 7, 8 and 11 that simplify and refine the environmental review process, replacement of the committee process with a staff review process, and placing review and enforcement duties, relative to hazardous material and substances under the Fire Marshall. B. Code Review 1. PROJECT: Vehicle for Hire OWNER: Staff-initiated DESCRIPTION: Request to abolish City of Boynton Beach Ordinance Part II Chapter 24, "Taxicabs", replacing the entire code section with Chapter 24 "Vehicles for Hire." The Department of Development has reviewed the existing Code of Ordinances chapter related to Taxicabs and determined that as written, the intent of this code is no longer broad enough to encompass the numerous modes of transportation services available to the general public. The revised code language better defines the various modes of transportation currently found in urban areas throughout South Florida. C. Zoning Code Variance 4693 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. Xl, XI. Xlll. Xl¥. XV. New Business - 4834 A. Consideration of Revised Direct Incentive Program. - 4835 B. Consideration of the Business Genesis Program. - 4855 C. Consideration of Special Piiot Program for Police Patrol in Heart of Boynton and the CBD. - 4891 D. Consideration of Regions Core Grant Applicants. - 4895 Commission Action - 4896 Board Member Comments - 4897 Legal - 4898 Other Items - 4899 Future Agenda Items - 4900 A. Consideration of Securing CBD Surface Parking Rights (April). B. Youth Community Improvement Grant (April) C. 2002/2003 Annual Report (April). D. Consideration of Pilot Program for Trolley Service in the CBD (May). Adjournment - 4901 4695 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. VII. VIII. Do PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Mariners Way (ZNCV 04-001) K. P. Hislop Mariners Way Homeowners Association 800 Mariners Way Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district. Deliverance by Faith Church (NWSP 04-001) Michael E. Sipula, JMS Architectural Design Glenn Lyons Lots 4 & 5, Block 1, Frank Weber Addition Request for New Site Plan approval for a 3,090 square foot church on a 0.32 acre parcel in a C-2 zoning district. Director's Report. 4754 A. Presentation on Moving forward with Museum Feasibility. - 4760 B. Boynton Beach Boulevard Extension, Promenade and Riverwalk Design and Probable Project Cost. - 4775 C. MLK Purchase Process update. - 4791 D. Cash Flows, Budgets, and Financial Projections for Board Direction. - 4796 E. Design Guidelines: Request for Comments Old Business - 4797 A. Consideration of Fagade Grant for Delray Boynton Academy (Tabled). - 4798 4694 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 Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4696 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MINUTES OF THE REGULAR COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, FEBRUARY 10, 2004 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair James Barretta Alexander DeMarco Don Fenton Charlie Fisher Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chairman Finkelstein recommended moving Items IX. D., E. and F. to the consent agenda with the proviso that staff is recommending six-month extensions only for all the applicants. These would become Items IV. G., H. and I. As a notice to the public, the Code Review Item VI. C. (Mixed Use Code Review), will not be voted upon tonight. There will only be discussion and public input due to the new changes that the Board has just received. Mr. Dick Hudson distributed the latest version of the Code Review to the Board. Chairman Finkelstein noted that there is a new page 4602 that should be substituted for the current page 4602 in the agenda packet. Chairman .Finkelstein pointed out that there is a new package for Item IX.B. (Page 4644), "Consideration of Funding of the Wheels Weekend Event" that is not part of the consent agenda. B. Adoption of Agenda 4697 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Motion Vice Chair Heavilin moved to approve the agenda, as amended. Motion seconded by Mr. Fisher and unanimously carried. IV. Consent Agenda B. C. D. E. Fo Approval of Minutes of January 13, 2004 Meeting Financial Report Budget Transfer Requests Consideration of designations of colors for the districts Recommendation of members to be selected for the Evaluation Selection Committee to Review the Central .Business District Massing Model Services RFP Consideration of Burkhardt Construction Contract amendment for Change Order #3 Consideration of FaCade Grant Extension for Fred and Joe's Automotive Consideration of FaCade Grant Extension for Boynton Boundless, LLC Consideration of Fa¢ade Grant Extension for Grace Fellowship Church Vice Chair Heavilin requested that Items D. and E. be removed from the Consent Agenda. Mr. Fisher requested that Item C. be removed from the Consent Agenda. Motion Mr. Fisher moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. IV.C. Budget Transfer Requests Mr. Fisher inquired if the funds included in the line items for interest earned and other available monies are already committed. Mr. Hutchinson stated that these funds had been projected in the budget and have been accounted for. Motion Mr. Fisher moved to approve Item IV.C. Motion seconded by Vice Chair Heavilin and unanimously carried. IV. D. Consideration of designations of colors for the districts Vice Chair Heavilin had questions on the designations of the signs and felt that there was redundancy on the sign illustrated on page 4607 of the agenda packet. She inquired if these were merely examples or were they final signs. Mr. Hutchinson stated 4698 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February10,2004 that the final signs would have adjustments and will be cleaned up in accordance with the memo contained on page 4602. Mr. Hutchinson explained that people would be going to tWo areas; one is Town Square and the other is the Marina District. All other signs are basically directional street signs to certain streets. Chairman Finkelstein pointed out that these are the initial signs and are closely packed within the areas. Mr. Fisher recommended that before the final signs are actually made that final versions be submitted to the members identifying the location of the signs. Mr. Hutchinson stated that this information had already been furnished along with a map of' the location of the signs, its direction and wording. Mr. Hutchinson stated that any signs that are changed would be furnished to the members. Motion Vice Chair Heavilin moved to approve Item IV.D. Motion seconded by Mr. DeMarco and unanimously carried. Chairman Finkelstein welcomed Commissioner Carl McKoy to the meeting. Eo Recommendation of members to be selected for the Evaluation Selection Committee to Review the Central Business District Massing Model Services RFP Vice Chair Heavilin inquired if any of the architectural firms on the committee would be responding to the RFP and Mr. Hutchinson stated that they would not. Mr. Fisher inquired if Jose Aguila, while serving on this committee, would constitute a conflict of interest because of the contract that his firm was awarded. Mr. Hutchinson did not think that this would apply since the committee will be reviewing models, and Mr. Aguila's firm was awarded a contract in response to an RFP. Mr. Fisher asked Attorney Payne for her opinion on this. Attorney Payne was not' certain and said that she wOuld have to look into it. Mr. Hutchinson recommended that the item be approved, pending legal's determination. If AttorneY Payne determines that y Mr. Aguila serving on the committee is a conflict of interest, he will be removed, and they would proceed with the remaining members of the selection committee. Motion Vice Chair Heavilin moved to approve as stated by Mr. Hutchinson. Motion seconded by Mr. Fisher and unanimously carried. V. Public Audience None 4699 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Attorney Payne administered the oath to all persons who would be testifying. VI. Public Hearing A. Land Use Plan Amendment/Rezoninq Project: Agent: Owner: Location: Description: 503 North Seacrest (LUAR 03-010) Don Stacks Edward Eatman III 503 North Seacrest 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. Dick Hudson, Senior Planner, presented the item on behalf of staff. The property consists of approximately 0.11 of an acre and classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood/Commercial). The request is to reclassify from LRC to Iow density residential and to rezone from C-2 to R-lA (single family residential). The applicant is making the request to be consistent with the current use of the property, which is a single-family home. Mr. Hudson pointed out that the properties to the north are designated LRC, but contain single-family residential. The properties across Seacrest are designated Medium Density Residential and are developed with both single-family homes and duplexes. The current use is a single-family home that is a non-conforming use. Since the value of the improvements on the property is less than $60,000, in accordance with the LDR, Chapter 2, Section 11.1.C.8, a single-family home cannot be converted to commercial use without a variance. The lot has remained as it currently exists since it was originally platted in 1925 and does not meet the minimum lot standards for C-2 zoning. Mr. Hudson pointed out that it would be very difficult to sell the property because lenders do not normally lend on non-conforming properties. Mr. Hudson reported that land use amendment and rezoning would be consistent with the Comprehensive Plan Policies and Objectives and in particular with the Heart of Boynton Plan that designates that all land on the west side of Seacrest would be rezoned for single-family residential. The property is non-conforming for commercial development and there has been no market support for conversion to commercial along the west side of Seacrest. This would have negligible impact upon the City as a whole and staff recommends approval of both the Land Use Amendment and the Rezoning. 4?00 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February '10, 2004 The applicant was present, but did not wish to speak. Chairman Finkelstein opened up the public hearing. Since no one wished to speak, the public hearing was closed. Chairman Finkelstein inquired why this item originated and Mr. Hudson thought that the applicant wanted to sell his property. Chairman Finkelstein noted that the Visions 20/20 Plan called for the same zoning. He envisioned Seacrest becoming similar to Swinton Avenue in Delray Beach that would contain small offices fronting both sides of Seacrest, north and south of Boynton Beach Boulevard. He was not in favor of having one residential parcel in the middle of a retail zoned area and did not agree with staff's recommendation. Mr. Hudson pointed out that the recent adopted Heart of Boynton Plan recommends single family residences on the west side of Seacrest. Chairman Finkelstein had also disagreed with that recommendation as well. Mr. DeMarco concurred with Chairman Finkelstein and pointed out that the First Baptist Church, which is just south of the property, is being renovated and will be generating a great deal of traffic. He also foresees that this area might be needed for future commercial development and did not think that it would fit into the plans of the City. Mr. Hudson responded that the Heart of Boynton Plan calls for the east side of Seacrest to be developed as Mixed Use and the west side would be for single-family development. Mr. Tillman did not think it was wise to have a single-family home ingress and egress onto Seacrest. He would like to see some kind of buffering in place along Seacrest at least one block in, so that the residential on the west side of Seacrest would extend up to the buffering instead of sitting right on the street. He would like to see some kind of Mixed Use in this area and was not in favor of having a single-family residence at this location. Mr. Fenton pointed out that if the Heart of Boynton Plan calls for everything west of Seacrest to be single-family, maybe they should have created a buffer zone, but there is none. He felt that the application should be approved since it is in accordance with the Plan. Chairman Finkelstein pointed out that everything west of this parcel is single- family. Motion Mr. Fenton moved to accept the recommendation of staff to change the land use from LRC to single family at 503 North Seacrest Boulevard. Motion died for lack of a second. 4701 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Motion Mr. Tillman moved for denial. Motion seconded by Mr. DeMarco and carried 6-1 (Mr. Fenton dissenting). B. Zoning Code Variance Project: Agent: Owner: Location: Description: Woolbright Grill (ZNCV 03-028) John Therien John Therien 700 Wooibright Road (Southside of Woolbright Road at the Intracoastal Waterway) 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 C3 zoning district. Maxime Ducoste-Am6d6e, Planner, presented the item on behalf of staff. The property is located on the south side of Woolbright Road, east of the Riverwalk Plaza and west of the Intracoastal Waterway. The Board approved the project in June 2002 for a two- story, sit-down restaurant, containing 7,829 square feet. The original site plan approval had several variances and one was for a cantilever awning on the east side of the restaurant. The applicant is now requesting a different awning that would be supported by columns that would encroach into the 20' setback. The original variance was for an overhang of the cantilever awning for 7 %'. The new awning would extend all the way to the property line. Staff looked at the Code requirements for approving variances. Staff does concur with the applicant that the property is unusual in shape and is difficult to develop. However, when the project was originally improved, staff acknowledged that this was the bare minimum to make reasonable use of the land. Mr. Ducoste-Am6dbe referred to the criteria that an applicant must meet in order to receive a variance. One criterion states that the special conditions and circumstances do not result from the actions of the applicant. He pointed out that the applicant has created a need for this variance and when the project was approved the cantilever awning was feasible. The project is now under construction and approval of the variance request would grant special privileges to the applicant that could cause an increase in the building envelope. Denial of the request would not deprive the applicant of rights that others enjoy and staff feels that the variance is not justified. The project is separated from nearby properties by significant barriers, such as the Intracoastal Waterway. Approval of the variance along the rear property Ii.ne would allow the applicant to potentially increase the outdoor seating area or even expand the building itself. 4702 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 With regard to the parking, the present use was approved with the bare minimum- parking requirement and there is no surplus of parking spaces. Therefore, staff is recommending that the request be denied due to the lack of traditional hardship and due to the circumstances that the applicant has created. There are no conditions of approval. However, if the Board approves the variance, staff requests that the approval be restricted to an awning. Paul Slattery, of Slattery & Associates, 2060 NW Boca Raton Boulevard, Boca Raton, is the architect for the project. He explained that they are asking to put up an awning for an approved patio and dining deck. Staff was not accurate when they said that the applicant would have the ability to increase the occupancy of the building. This is not the case. The approved deck area would be the same that was approved in 2002. They would like to extend the awning to the outside of the deck. Mr. Slattery pointed out that extending the awning to the east would provide additional benefit to the properties across the Intracoastal Waterway. When those residents spoke at the meeting in 2002 they expressed concern about the lighting and noise. Increasing the awning to cover the entire patio would help contain some of the noise and the light fixtures could be installed under the awning, cutting down on light spillage. They are not requesting any increase in occupancy; they merely want to keep the occupants dry on the deck dry. Chairman Finkelstein opened the public hearing. He informed Mr. Slattery that he would have the right of rebuttal. Eleanor Roland resides directly across from the restaurant. When she spoke two years ago she represented the residents of Crown Colony and her residence is located at the far end of the building and faces the parking lot. She pointed out that there is no landscaping and all the lighting shines into her building. Ms. Roland said that the noise and lights are affecting her sleep and she has concerns about the awning hanging over the Intracoastal. She requested that some trees be planted along the parking lot to cut down on the noise. The dumpsters should have sound barriers and she would like assurances that the restaurant would comply with that regulation. Ms. Roland did not want to see boats pulling up to the restaurant because there are Manatees and wildlife living in this area. Farah Ali, the Manager of the Gulfstream Harbor Apartments, located at northeast side of Woolbright Road and the Intracoastal, had concerns about the noise and the lights. She also questioned if there would be adequate parking. Ms. Ali did not think that the awning would pose a problem' to their development. Chairman Finkelstein pointed out that tonight's application was for a variance for an awning and that the restaurant has already been approved. Mr. Slattery responded that there is a plan to install landscaping from the north end all the way to the south end of the property line. Also, the awning would not encroach over 4703 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 the deck and would just cover the edge of the approved deck. He felt that the awning would help contain the lighting and noise. Attorney Payne administered the oath to Maryanne Lamb, a resident of Crown Colony, who is concerned that since the deck extends to the edge of the water, how would it be possible to put landscaping on the deck? Chairman Finkelstein reminded Ms. Lamb that her remarks should be limited to the variance for the awning. She was under the impression that there would be no outside dining. Chairman Finkelstein pointed out that this was not correct and that the restaurant was approved with outside dining. Ms. Lamb stated that she was against the awning. Mr. Tillman inquired how many feet the deck extends out into the Intracoastal past the sea wall. Mr. Slattery responded it was 10'. Mr. Slattery stated that the deck extends 20' from the building and the sea wall is 10' from the building; therefore, the deck extends an additional 10' into the waterway. Mr. Slattery also stated that the awning would match the line of the approved deck. Mr. Fenton asked a question about the landscaping and Mr. Slattery noted that they would be placing landscaping not only on their parcel, but also the shopping center parcel to the south end of the property. Mr. Fenton inquired if the awning would completely enclose the deck and Mr. Slattery stated that the sides would be open. Mr. Fenton thought it would be a good idea to be able to close the sides in the event of rain. Mr. Slattery said they might do something about that, but it would not extend beyond the deck. Mr. Fisher felt that this new awning would be beneficial to the neighbors by cutting down on the noise and the light. Mr. Tillman pointed out that the awning would extend an additional 10' out, but the applicant has not presented any hardship to justify the variance. Mr. Fisher felt that because of the location of the property this does create a hardship. Mr. Tillman was not certain that an awning would actually cut down on the sound or light emanating from the restaurant. He also pointed out that the City has regulations that this Board is supposed to adhere to. Mr. DeMarco felt that the addition of the new awning would make the patio area larger to accommodate more people. Mr. Slattery responded that the patio area would remain the same size as approved; they only want to cover the entire patio. Mr. DeMarco inquired how the awning would be handled in the event of a hurricane. Mr. Slattery said that in this event, the awning would be cut off and the frame would be left standing. Chairman Finkelstein asked staff to clarify the statement that the granting of the variance would "grant special privilege to the applicant by allowing a possible increase in the building envelope." Mr. Duco.ste-Ambd~e responded that the building setback is 20'. Because columns support the awning, technically it is building setback that the applicant is requesting a variance for. Therefore, if the City allows a reduction in the setback, they could build a wall to the limit. Mr. Ducoste-Am~d~e stated that if the 4?04 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Board chose to approve the variance, staff would request that the variance apply only to the awning and not the building. Mr. Ducoste-Ambd~e agreed with Mr. Tillman's assessment of the variance that it was the applicant's actions that caused the necessity for the variance and the applicant did not meet the criteria of the LDR. He did agree, however, that the shape of the property is unusual and the applicant meets this requirement, but does not meet any other criteria. Chairman Finkelstein stated that if the Board did approve the variance, it should be restricted to allow the awning into the setback and not the structure itself. Motion Mr. Fenton moved to accept the petition for relief of Woolbright Grill for construction of an awning on a 20' area and limited only to an awning. Motion seconded by Mr. DeMarco and carried 6-1 (Mr. Tillman dissenting). Mr. Fisher asked about the color of the awning. Mr. Slattery stated that it would be blue and white stripe and presented a swatch of the material that contained the same colors of the building. Chairman Finkelstein asked staff if there was anything that would require that the colors of the awning would have to match the colors of the building. Mike Rumpf, Planning and Zoning Director, responded that if the larger awning that the applicant would be putting up deviates from the approved awning, the applicant should contact staff for review and modification of the awning. Project: Agent: Owner: Location: Description: Happy Home Heights Lot 11 (ZNCV 03-029 thru 03-033) Anthony McCray Anthony McCray Southside of NE 12th Avenue, approximately 168 feet west of NE 3rd Street 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, 4705 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Project: Agent: Owner: Location: Description: 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. Happy Home Heights Lot 5 (ZNCV 03-034 thru 03-38) Anthony McCray Anthony McCray Southside of NE 13th Avenue, approximately 168 feet west of NE 3rd Street 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 an eighteen (18)foot variance, resulting in a forty-two (42) foot frontage for a proposed 4706 l0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 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. Mr. Rumpf distributed a letter from the applicant requesting that items B. 2 and B. 3 be postponed. Staff has some new findings that affect these applications. Therefore, the applicant has asked for more time. Mr. Rumpf requested that the items be tabled to a date certain. Chairman Finkelstein asked if anyone in the audience wished to speak on these items. There was no one present that wished to speak. .Motion Mr. Tillman moved to table until the March meeting the Happy Homes Lot 11, Item No. VI.B. 2 and Item No. B.3., Happy Homes Lot 5, as it appears on the agenda. Motion seconded by Mr. Fisher and unanimously carried. Chairman Finkelstein pointed out that a new version of the code review was presented to the Board tonight. Therefore, the Board would take comments on the item, but would not be voting on it tonight. G. Code Review Project: Agent: Description: Mixed Use Code Review (CDRV 04-002) City-initiated Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F, Mixed Use Zoning Districts. 4707 1! Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Dick Hudson, Senior Planner, presented the item on behalf of staff. Mr. Hudson pointed out that Mixed Use-High/Mixed Use-Low zoning is currently permitted along the Federal Highway Corridor, between the C-16 Canal on the north to Woolbright Road on the south and between the Intracoastal on the east to the right of way of the FEC Railway on the west. The Heart of Boynton Plan has requested that it also apply along Boynton Beach Boulevard and up Seacrest Boulevard. The regulations were adopted in June 2002 and staff has discovered some flaws that need to be corrected. Mr. Hudson reviewed the changes to the code review. It is staff's intent that any request for rezoning Mixed Use would be accompanied by a site plan and this has been clarified in Section F.1. that states ',All development and redevelopment shall be represented by corresponding site plan to be processed concurrent with the application for rezoning." Paragraph 2 has been changed to add "uses" after the word "Permitted" in the third sentence of the first paragraph. A new sentence has been added at the end of this paragraph that reads, "Heights, densities and intensities of development are regulated according to the classification of the roadway determined to be the frontage." Chairman Finkelstein pointed out that the previous draft already contained the word "uses" and Mr. Hudson stated that the word should not have been underlined. The definition of a vertical mix has been clarified in Paragraph 2 to read as follows: "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 designated as 'arterial' or 'collector' roadways on the 'Functional Classification of Roadways Map' contain a vertical mixture of retail, office and/or residential uses. Mr. Hudson is also proposing a change to the second paragraph of paragraph b. that is not in the new draft. The sentence that currently reads "All new Mixed Use developments within this district" would be changed to read "All new developments containing a mix of uses..." Also, two more street categories have been added, "collector" and "local collector." The last sentence of the same paragraph has been changed by adding the following phrase after the words "residential uses: "which may be arranged either vertically or horizontally." · Live/work units have been added to the use list with "note P~"' Mr. Tillman inquired if there could be vertical and horizontal mixed-uses next to each other. Mr. Hudson felt that this would be feasible, but pointed out that is the reason staff wants to look at the site plans before they are approved. 4708 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 With regard to the live/work units, Mr. Hudson stated that usually the living area is smaller than the work area and a person would own both areas. Staff has put in regulations to control the type of uses that would be allowed. Normally, a person would live on top with the business underneath and would have to obtain an occupational license for the business on the bottom. Houses of worship are now permitted in mixed-high if they are an integral part of a mixed-use development and not the major portion of the development. Also, the distance requirement has been eliminated. · Marina has been added as a conditional use. · Self-storage or mini warehouse is now permitted in Mixed-Use Low district and a series of design standards have been included. Restriction Note 1 has been changed to read' "Must be an integral.part of a Mixed-Use development comprising a maximum of 30 percent of the gross floor area of the entire development." This would apply mainly to churches. · Under the Restriction Notes, Notes 14 and 15 have been added for the live/work and storage uses. · The note that was included between the "minimum parcel size" and "minimum living area" is being stricken and the 3-acre minimum is no longer required. The maximum height for residential for all other uses has now been separated from this category. It is possible to develop a single-family detached in Mixed- Use Low with a maximum height of 35' as a conditional use. Also, duplexes and townhouses could be developed to a maximum height of 35'. "All other uses" have been stricken and new Iocational requirements for height, density and floor area ratio for all other uses have been added. This would be for multi-family and all other Mixed Uses. · Mixed-Use Low: If a project fronts on an arterial road, there is a range of 75' to 100' with no height change. · A density of 40 dua is allowed and a floor area ratio (FAR) of 1.5 to 2.0. This is the same FAR that is allowed in the Comprehensive Plan. · If the property fronts on a collector street, 45' to 75' in height is permitted with a range of 20-40 dua and a FAR of 1 to 1.5. · If the property fronts on a local collector, the maximum height is 45' and a maximum density of 20 dua. 4709 Vice Chair Heavilin asked for the definition of "collector" and "local collector." 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Hudson pointed out that it is based upon the functional classification map that the County develops for State and County roads and then the City can add the local collectors that are not classified. Arterials are main roads that carry traffic regionally; collectors are inter-regional that are shorter distance roads and carry less traffic. Knuth Road and Miner Road are the only designated local collector roads. Local collector roads generally connect principal roadways. All other streets are classified as local streets. Mr. Hudson pointed out that the notes have been moved under the category of. "Locational Requirements for Height, Density and Floor Area Ratio/All Other Uses." Mr. Hutchinson noted that these requirements would keep density on the streets that can handle it. Mr. Hudson added that even though the height can go up to a maximum 45' on the street fa~;ade, for every 50' in height the project would have to step back 10'. This is being required to prevent having straight walls along street frontages. · The built in line has been increased to a maximum of 15' from the property line in order to build wider sidewalks in the downtown. Sidewalks must be a minimum of 10' wide on an arterial road. · Paragraph 8, "Acc," has been changed to read, "Within the MU-H and MU-L Zones, vehicular access to parking shall not be directly from an arterial roadway, if an alternative is available." The purpose of this requirement is to cut down on vehicular access from arterial roadways. · The sidewalk requirement is now contained in Paragraph 9.d. In Paragraph 9.e the language has been changed to read "To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall, where practical, be planted and maintained along facades of new buildings fronting on arterial roadways in the MU-H District." · Paragraph 10.c. states that single use-parking garages have a maximum height of 75'. If the garage is combined with another use, it could go up higher. If a parking garage is built on Federal Highway, Boynton Beach Boulevard, or Ocean Avenue, staff is requiring that it be wrapped with commercial Uses on the ground floor at least to a depth of 20'. The regulations dealing with self-storage in Paragraph 14 state that they are only allowed above the first floor of a mixed-use structure and must have ground floor retail along the street frontages. One or more retail uses must not be related to the use of self-storage and to a depth of at least 20'. 4710 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 · Self-storage facilities cannot be accessed from an arterial roadway and the access must be screened from the public right-of-way. · The buildings must be designed to have the appearance of multi-story retail, office or residential. The regulations dealing with live/work units are as follows: There is a minimum floor area of 1,000. There must be a separation between the live/work unit and the access must be from the outside or a corridor. Each unit must have at least 2% parking spaces. The work activities in the live/work units are limited. Occupational licenses are required for the work unit and the property cannot be sold separately; it must be sold as a live/work unit. Also, the units cannot be converted to either all residential or all commercial. Mr. Hutchinson referred to "Child Care" in the Definitions paragraph. He pointed out that childcare for an office or shopping area is allowed. This would include an office business that had daycare for the Children whose parents work there. AIso,'shopping center or theaters that have daycare are permitted. Mr. Hudson pointed out that having employers with daycare would help cut down on traffic. Mr. Fenton inquired if private clubs would be permitted in Boynton Beach in accordance with the rules and was informed that they would be allowed. · A definition for"Fitness/Health Club" has been added. Vice Chair Heavilin inquired if bed and breakfast establishments would be allowed. Mr. Hutchinson felt that there could be problems with bed and breakfast establishments, but in many urban areas there are "boutique inns" that are actually small hotels. He thought that this might fit well with 10 or more rooms. Mr. Hudson pointed out that bed and breakfast is a conditional use. Mr. DeMarco complimented the staff of the Planning and Zoning Division for doing an excellent job. Mr. Fisher inquired why an auction house is not permitted. Mr. Hudson pointed out that there are all types of auctions. Mr. Fisher would like to see an upscale type auction house allowed and requested that this be redefined. Mr. Hudson noted that the code allows antique shops. Chairman Finkelstein recommended that the definition be changed from not allowed to allowed with conditions. With regard to bus terminals, Mr. Fisher felt that this needed to be better defined because there will be more public transportation downtown over the next few years. Mr. Fenton recommended having a workshop on this so that Board members could have more opportunity to review the material. Members agreed that this would be the best way to review the information. 47! :t Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Chairman Finkelstein welcomed Mayor Taylor to the meeting. Chairman Finkelstein opened the public audience. Buck Buchanan, 807 Ocean Inlet Drive, President of INCA, noted that all the regulations are based upon the type of road that property fronts on. He wanted to know that if his property sat on a small piece of an arterial road would it encompass the entire parcel, even though most of the parcel would be on a neighborhood street. He was concerned that someone could come along and place a high rise in his neighborhood. Mr. Hudson explained that for every foot of height over 45', a project would have to step back one foot from the property line, but there were many circumstances that would have to be considered. Attorney Payne administered the oath .to David Zimet, of the Boynton Beach Faith Based CDC, who inquired why MLK was not on the map. Mr. Hudson explained that the map is six t.o eight years old and the streets have been reclassified since the original plan was adopted. The map will be updated. Brian Edwards, 629 NE 9th Avenue, Boynt°n Beach, was glad that another workshop would be scheduled. There are concerns in some of the residential areas regarding the properties that abut Federal Highway and the Intracoastal Waterway. He would like to see something in writing that if a project were in a residential area it would not be developed unless it was along one of those corridors. He was concerned that there is a possibility that high rises would go up along the Intracoastal Waterway. He was against any development in the residential area, especially Mangrove Walk. Chairman Finkelstein closed the public hearing. Motion Mr. Tillman moved to table until the Workshop. Motion seconded by vice Chair Heavilin and unanimously carried. THE MEETING RECESSED AT 8:12 P.M. THE MEETING RECONVENED AT 8:25 P.M. VII. Director's Report A. Updates Chairman Finkelstein remarked that the CRA has yet to acquire its first piece of property. Mr. Hutchinson stated that staff is waiting for a letter or ruling from HUD regarding the appraisal process before any property could be acquired. Chairman Finkelstein inquired if this has been confirmed as necessary and Attorney Payne responded that Assistant City Manager Dale Sugerman requested that she find out from 4712 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 HUD about the process, City staff feels that the CRA must obtain HUD's opinion because all HUD rules for the project must be followed. Chairman Finkelstein inquired if these regulations would also apply to willing sellers and Mr. Hutchinson said that it did. The City is concerned that if the CRA did not proceed properly by going through HUD, it could have repercussions upon the entire City. Chairman Finkelstein inquired if Attorney Payne requested a ruling from HUD and she said that she did this verbally, but now HUD wants it in writing. Mr. Fisher requested that staff make this a priority to get the proper paperwork done. Mr. Tillman asked for a report at the next meeting. Mr. Hutchinson announced that the CDC is having an event and he felt it was important for the CRA to participate and to purchase a table. He had previously asked the Board if the CRA could reserve a table at a-cost of $750. The money has already been budgeted. Mr. Fenton was not in favor of participating. He felt if they purchased a table for this event, how many tables and how many events would they be participating in? He felt that this would set a bad precedent. Mr. Tillman noted that this was a working relationship that is part of the community and he was in favor of the CRA participating. Mr. Fenton felt that if the Board wanted to purchase a table, members should pay for it themselves. Mr. Fisher said that this would send a good message to the CDC by having the CRA participate since it is in partnership with the CDC. Vice Chair Heavilin also pointed out that the speaker would be addressing redevelopment. Mr. Hutchinson asked Mr. Zimet what the deadline was for purchasing a table and he said that February 18th was the cut off date. Motion Mr. Fisher moved to approve the funds to purchase a table at this eVent. Motion seconded by Vice Chair Heavilin. Mr. DeMarco felt that the Board should support the CDC, but wanted to avoid the look of impropriety. Vote Motion carried 6-1 (Mr. Fenton dissenting). VII. Old Business None 4713 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 IX. New Business A. Consideration of CRA Logo and Web Site Layout Mr. Hutchinson reported that members were furnished a packet with several Iogos and a Web page printout. Staff is recommending the first two !ogos that used the "CRA" With a modified City logo. He said it is important to move forward on this because it ties in with a lot of other ideas and projects. There was a consensus on the Board to move forward with the logo on page 4634 in the agenda packet. Chairman Finkelstein liked the logo, but he was not happy about moving Palm Trees. Mr. Fenton asked why the word "Florida" is not mentioned anywhere. Mr. Fenton would like to have a splash on the tail of the dolphins. Vice Chair Heavilin thought that they could have come up with something better. Mr. Fisher said that the background banners can be easily changed. Motion Mr. Fisher moved to approve the logo on Page 4634 of the agenda packet. Motion seconded by Mr. Tillman and unanimously carried. B. Consideration of Funding of the Wheels Weekend Event Chairman Finkelstein noted that a new Item B. was distributed and should replace the one in the agenda packet, The request for funding is now from the Chamber of Commerce as opposed to BODA. Mr. Hutchinson noted that this is a great event and he would like to keep the momentum going. Because BODA is undergoing changes, they are not in a position to participate in the event. Therefore, the Chamber has agreed to be a partner with the CRA. He noted that some BODA members are also Chamber members and will be participating. The CRA has partnered with the Chamber in the past on the Sunday event. Chairman Finkelstein asked where the big truck rally would take place that is put on by the City. Mr. Hutchinson stated that this would take place near the Children's Museum and will begin earlier in the day. The City staff was nice enough to change the weekend to have the City event coincide with the CRA event. Mr. DeMarco inquired how many members of the Chamber are members of BODA as well and would these members be helping with the program. Mr. DeMarco requested that Ms. Johnson respond to his question. Diana Johnson, President of the Boynton Beach Chamber of Commerce, stated that all downtown merchants will be invited to participate and they do not have to be members of the Chamber of Commerce. This is a partnership event and anyone within the CRA or in their membership could participate, Ms. 'Johnson also noted that the 4714 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Chamber is stepping forward this year to help, but does not intend to maintain this role with hopes that BODA can take it over again next year. Motion Mr. Fisher moved to approve. Motion seconded by Mr. DeMarco and unanimously carried. B. Consideration of Fagade Grantfor St. Mark's Catholic Church Mr. Hutchinson noted that there had been prior discussion regarding not-for-profit companies and churches participating in the fagade grant program. Staff would like direction on this application. There was nothing final mentioned in prior minutes when this was previously discussed. Mr. Hutchinson pointed out that St. Mark Catholic Church was very active in the downtown area and has helped the CRA. The project is outstanding and staff is seeking better direction from the Board. Chairman Finkelstein pointed out that the City leases the Mangrove Park Walk from the Church for $1.00. Ms. Carrie Parker Hill was present on behalf of the Church, along with Ken Kaleel who is Chairman of St. Mark School Board and Mr. Stormet Norman, who is also a member of the School Board. Ms. Hill pointed oUt that the Church operates a fulltime school on site serving 280 students and 40 employees with annual payroll of $931,000. Mr. Tillman noted that St. Mark has always been an integral part of Boynton Beach. ,Motion Mr. Tillman moved to approve the grant. Motion seconded by Mr. Fisher and unanimously carried. Vice Chair Heavilin pointed out that the issue still needs to be clarified on how these applications should be handled. Mr. Hutchinson recommended bringing the applications in on a case-by-case basis. There was a consensus to deal with these applications on a case-by-case basis. C. Consideration and Approval of the Financial Advisory Contract Mr. Hutchinson pointed out that Ms. Vielhauer has worked very hard on this contract and after checking, they received excellent reviews on the company. They would like to move forward with this in March because staff feels they need a financial advisor onboard. Chairman Finkelstein noted that on page 4680 in Paragraph 2, in the sixth line, middle of the sentence, he felt that the "or" should be an "and" so that it would read" .thirty 4715 " 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 (30) days written notice to the other party, and at that time..." Attorney Payne confirmed that this should be corrected. In the same paragraph, Chairman Finkelstein felt that the word "on" in the next to the last line should be changed to "for" so that it would read, "the Financial Advisor shall be compensated fo__r all projects in progress... Chairman Finkelstein questioned the lettering of paragraph a. (Planning and Development Phase I) and the next paragraph that was 'numbered b. (Bond Phase II). He pointed out that in sections 1 through 12, bonds are discussed and then 13 states "solicit bids on investment of idle funds, if requested." He questioned if this was the proper place for 13. He also noted that in Paragraph 4 (Compensation), there is a subparagraph b. (Bond Phase II) and this relates to the items under 3.b. as compensation for those items. Chairman Finkelstein thought that Bond Phase II should be changed to Bond Phase I. He also Wanted to know who would give the okay for any of the actions in subparagraph c. to take place. Mr. Hutchinson stated it would be the CRA Board. Chairman Finkelstein also thought that they should receive an estimate of the time it would take to perform a specific item. Mr. Hutchinson did not think this was possible at this time. Mr. Tillman pointed out in the subparagraph entitled Bond Phase II, it states that "there shall be a surcharge of $5,000 for competitive sales and/or refundings." Mr. Tillman requested that competitive sales be defined. Julie Turner of William R. Hough & Co. explained that in a competitive sale of a bond offering, the CRA would prepare for the financing and would request on the day of the sale, bids submission from several different underwriters. This process is usually done in securing a general obligation credit and she. did not envision that the CRA would be entering into this type of sale, nor would this fee apply. Attorney Payne recommended adding under Paragraph 3 on page 4680 the wording "and approval of the CRA Board" so that the first sentence would read, "The financial Advisor agrees that upon request, and approval of the CRA Board, the following services may be performed by the Financial AdviSor in consideration of the compensation in Paragraph 4 hereto." The Board was agreeable to this amendment to the contract. Mr. Hutchinson inquired who would be authorized to sign the contract on behalf of the Board. Attorney Payne said that the Board Chairman would sign anything the Board approves, unless someone else was authorized. Attorney Payne also pointed out that Phase I was "Planning and Development" and Phase II was "Bond." Attorney Payne recommended reversing the wording so that it would be clearer. 4716 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Hutchinson also inquired that every time staff gives Hough & Co. an assignment or works with them would this have to be brought to the Board for a decision. Attorney Payne explained that if Hough & Co. calls staff with a question, there is a cost to the CRA and Mr. Hutchinson is asking how this would be handled. Ms. Turner responded that there are always questions and an hourly rate is incurred. Chairman Finkelstein felt that there were no guidelines in the contract on what staff could do. Ms. Turner responded that the CRA staff cannot enter into a financing obligation without the Board's permission. Chairman Finkelstein did not have a problem with Mr. Hutchinson responding to questions since this is part of his job. Also, Mr. Tillman questioned how many questions would be received in a month's time. Mr. Tillman felt if something comes up that Mr. Hutchinson feels would incur a lot of money, he should bring it to the Board. He did not envision that the.CRA's financial advisor would be a great expense during a month's time. Vice Chair Heavilin agreed with Mr. Tillman and felt that staff should certainly have the authority to ask a question. Ms. Vielhauer asked if the Board was willing to approve Phase 1 once ttle cost is determined. Chairman Finkelstein stated that the Board was being asked to approve the entire contract. Ms. Vielhauer agreed with Chairman Finkelstein, but also stated that the Board Was being asked to move forward with Phase 1. Ms. Turner responded that Phase 1 would take place now and Ms. Vielhauer has asked her to prepare a preliminary financing analysis to determine the amount of bonds that the CRA could issue and provide some financing options. Mr. Fisher stated that these were two distinct areas. Chairman Finkelstein asked Ms. Turner what the cost would be for Phase I and she responded that it would depend on how involved they get. She could provide a draft analysis on February 24th, but stated she has not done a great amount of work since they have not been formally engaged. She did not anticipate that this would be a significant amount. When the CRA gets to the Bond Phase, the hourly charges would cease, and they would pay on a per bond basis. Mr. Fenton noted that the memo on Page 4679 states that the Board is being asked to consider a Financial Advisory Service Contract and to move forward with developing a financial strategy. Mr. Fisher asked how much was budgeted for this item and Mr. Hutchinson stated that it is $20,000 for the year. Chairman Finkelstein felt comfortable in approving Planning and Development Phase I, Paragraph 3.a., No. 1 through 3 and the contract with the changes as outlined. He inquired whether the board needs to see a comprehensive plan for the offering of bonds, which he did not think was necessary at this time. Mr. Fenton felt that they should also move forward with the comprehensive plan for the offering of the bonds. Chairman Finkelstein felt before they got to that point, they needed to know if they in fact needed to offer bonds, how much, etc. before coming up with a comprehensive plan. Ms. Turner agreed with this. 4717 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February10,2004 Mr. Fisher asked Ms. Turner if the "not to exceed $20,000" was reasonable and she stated that it was. Ms. Turner suggested that instead of parceling out the contract, she stated that they also do work orders for clients up to a certain amount of money. If she receives a work order up to a certain amount and has to go over, she would come back to the Board for approval. Chairman Finkelstein did not think there was a rush to go out for bonding. Mr. Hutchinson pointed out that staff will continually report to the Board and then the Board can determine if it wants to move forward with additional items. Ms. Turner anticipates coming back on February 24th and sharing her conversations with the rating agencies and bond insurers based upon the CRA's level of previous tax increment revenues and looking at different financing sensitivity analysis. This would show the Board that if the CRA wanted to do a financing today, how much debt it could issue. Chairman Finkelstein requested that Ms. Turner come back and tell the Board what they need, as opposed to just doing bonds. Ms. Turner responded that the CRA is going to have to incur some debt if it wanted to do some of the projects in the budget and it does not have to be a bond issue. Motion Mr. Fisher moved to approve the contract with the changes stated. Motion seconded by Mr. Tillman and unanimously carried. Motion Vice Chair Heavilin moved that the first phase would be Planning and Development Items 1, 2 and 3, as listed in the contract. Motion seconded by Mr. Tillman. Mr. Fisher requested that a not to exceed amount be included. Vice Chair Heavilin amended her motion to state not to exceed $20,000 and Mr. Tillman agreed to the amendment of the motion. Mr. Fenton said that he was against the motion because he felt that paragraphs 4 and 5 should be included in the motion. Ms. Turner said that she could not do her analysis if she would not get paid because this is an integral part of her report. Chairman Finkelstein would like Ms. Turner to tell the Board what they need before she goes out to speak with people. He did not think there was any emergency for the Board to go out and borrow millions of dollars. He wants the Financial Advisor to make recommendations. Ms. Turner said that she would not be getting bond ratings, but she would be consulting with the rating agencies and bond insurers to determine what the CRA could support 4718 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February '10, 2004 based on the CPA's tax increment revenues of $1.3 million in 2002 and how much debt could the CPA issue. This is a fundamental question on where the Board wants to go and what projects you want to do. From her preliminary calculations she has determined that they could issue approximately $8 million in debt. She has to talk to the bond insurers and rating agencies to determine how they would rate the CRA based on its tax increment revenue history, or would the CRA be better off doing a non-rated transaction, if the CRA wanted to issue debt. Chairman Finkelstein said that he did not want to get to this step yet. Mr. Hutchinson pointed out that the CPA is about to embark on writing some very large checks and he would like the Board to consider other alternatives to cash. Vice Chair Heavilin inquired if Ms. Turner can perform the first three tasks and she said that she could, but it would be on a limited analysis. Vote Motion carried 6-1 (Mr. Fenton dissenting). X. Commission Action A. New Fire Station Approved B. Dance Studio Approved Chairman Finkelstein inquired how the dance studio was approved and Mr. Hutchinson responded that it was a conditional use, but is still being discussed by the City. C. Delray Boynton Academy Approved with Newly Designed Roof Chairman Finkelstein asked about the roof for the Delray Boynton Academy. Mr. Hutchinson stated it was a new design and the entire building now has a roof, which the Board has not seen. They will be coming back before the Board with a fagade grant application and the City Commission has requested that the Board hear the application. XI. Board Member Comments Mr. Fisher reported that the Advisory Board o.n Children and Youth has done projects in the past that focused on the stakeholders in the area involving the youth. Since the CPA focuses on adult stakeholders, he would like the CPA to spend time with the youth in order to get them to buy into their communities. He proposed coming up with some kind of grant project for neighborhood beautification that would focus on the youth. Mr. Fisher did present this idea to staff and staff is prepared to present guidelines for a grant program at the next meeting. He was informed that there is $10,000 in the miscellaneous line item that could be used for this. He would like to begin with three grants at $1,000 each and then see how this works out. Mr. Fisher requested that staff bring something back to the Board and Mr. Hutchinson stated he would have something for the April meeting. 4719 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 Mr. Barretta reported that he was abstaining from voting on an item that was on the consent agenda for the fa(;ade grant extension for Boynton Boundless, LLC. Mr. Barretta furnished a completed Form 8B to the Recording Secretary, which has been filed with the records of the meeting. For clarification, Attorney Payne stated that Mr. Barretta was stating for the record that he had a voting conflict on this item. XII. Legal Attorney Payne announced that the City Board members have been getting updates on the Sunshine and Public Records Law and requested that this be scheduled for a future meeting. Mr. Fisher recommended doing this before the April meeting beginning at 6:00 p.m. Members agreed with this. Mr. HutChinson requested that he be furnished with a memo on this from Attorney Payne. XlII. Other Items 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 Heard 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 4720 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 10, 2004 XV. Adjournment There being no further business, the meeting properly adjourned at 9:30 Respectfully submitted, p,mo Barbara M. Madden Recording Secretary (February 11,2004) 4721 25 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: March 1,2004 Current cash accounts include the ending balance for the $12,008.25, Money Market $6,885,175.19, and petty cash of $5,468.91 in interest from the Money Market Account this month. Operating Account $500. We received BALANCESHEETNOTES Accounts Payable includes the following expenses incurred in November; Office Depot $486.70 and Sun Trust $75.00. These expenses will be paid on March 9, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $11,750.85, Accrued Salaries ($514.59), and Accrued Health InsUrance ($219.14). 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 $5,468.91 in interest. 4722 Currently the % of budget remaining should be at 58% of the total approved budget. The following categories are below the 58% due to the following reasons: 1. 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. 2. Maintenance & Cleaning - Over due to Relax Inn Lot mowing which is complete for the year. This category will only decrease by $160.00 per month for the remainder of the year or $1,120.00 for the 2003-2004 year. 3. IT Support- Over due to cost is quarterly not monthly. 4. Rent Expense - Over due to rent is paid at the end of the month for the next month's rent. 5. Seminars - Over due to the cost is incurred at the beginning of the 2.003-2004 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. Staff is bringing forward to the CRA Board a program to charge for books and maps to offset cost. 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. 4723 ASSETS Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds February 29, 2003 Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn 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 Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 6,897,683.31 2,118.41 $ $ $ $ $ 869,209.96 $ $ $ $ . $ 13,725.68 $ (3,290.43) $ 7,779,446.93 $ 561.70 $ 11,455.4O $ 2,752,345.10 $ 2,764,362.20 $ 3,295,835.16 $ 1,719,249.57 $ 5,015,084.73 $ 7,779,446.93 4724 Income Statement Feburary 29, 2004 Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds City Funds City Transfer Funds Total City Funds Grants, Project Reimbursements Grant Funding Total Grants and Projects Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds Current $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $5,468.91 $5,468.91 $o.oo $o.oo $5,468.91 YTD $2,278,787.00 $0.00 $0.00 $0.00 $0.00 $o.oo $18,465.92 $18,465.92 $4,170.00 $4,170.00 $22,635.92 Current Total $2,278,787.00. $2,278,787.00 $0.00 $0.00 $0.00 $o.oo $23,934~83 $23,934.83 $4,170.00 $4,170.00 $2,306,891.83 4725 Income Statement Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Program Expenses Web Site Updates / Expansion Printing & Promotional Programs Police Programs Transportation / Trolley Festivals / Events / Bus. Programs High School Project Fagade Grant Program Economic Incentive Program Miscellaneous Programs Total Program Expenses Project Expenses Riverwalk / Promenade Project HOB Commercial/Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects Total Projects Expenses General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Accrued Time Off Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Rent Expense Telephone Expense Electric Expense Equipment Leases Office Leasehold Improvements · Current $o.oo $o.oo $o.oo $o.oo $o.oo $0,00 $0.00 $o.oo $o.oo $o.oo $513.16 $o.oo $o.oo $o.oo $o.oo $513.16 $8,051.96 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $8,051.96 $15,780.00 $1,452.36 $153.31 $2OO.OO $759.58 $120.32 $76.44 $97.2,4 $75.00 $273.22 ($486.80) $o.oo $235.00 $3,15O.00 $1,120.00 $562.63 $157.52 $343.00 $o.oo YTD $o.oo ($5,071.11) $o.oo $o.oo $o.oo ($5,071.11) $9,950.00 $o.oo $o.oo $o.oo $18,616.01 $0.00 $0.00 $9,750.00 $o.oo $38,316.01 $282,576.70 $o.oo $18,333.26 $o.oo $o.oo $o.oo $o.oo $300,909.96 $71,112.95 $3,285.03 $570.66 $o.oo $3,729.60 $481.28 $5,915.82 $144.00 $5,900.00 $1,804.35 $69,422.94 $23,187.00 $1,360.00 $3,647.50 $5,600.00 $1,919.12 $571.64 $1,490.50 $o.oo Current Total $o.oo ($5,071.11) $o.oo $o.oo $o.oo ($5,071.11) $9,950.00 $0.00 $o.oo $o.oo $19,129.17 $0.00 $o.oo $9,750.00 $o.oo $38,829.17 $290,628.66 $o,oo $18,333.26 $o.oo $o.oo $o.oo $o.oo $308,961.92 $86,892.95 $4,737.39 $723.97 $200.00 $4,489.18 $601.60 $5,992.26 $241.24 $5,975.00 $2,077.57 $68,936.14 $23,187.00 $1,595.00 $6,797.50 $6,720.00 $2,481.75 $729.16 $1,833.50 $o.oo 4726 Income Statement Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment / Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Current $68.12 $32.42 $261.85 $10.30 $700.00 $31.89 $o.oo $26.91 $276.92 $824.81 $87.34 $o.oo $o.oo $20.00 $o.oo $634.50 $450.90 $2.74 $o.oo $233.91 $o.oo $27,741.73 $36,3O6.85 ($30,837.94/ YTD $272.48 $80.52 $1,047.40 $298.19 $219.92 $53.95 $4,542.10 $233.31 $1,246.14 $4,327.12 $363.52 $954.81 $204.00 $1,232.95 $194.50 $o.oo $564.03 $202.03 $68.40 $935.64 $7.45 $217,481.59 $551,636.45 ($529,000.53) Current Total $340.60 $112.94 $1,309.25 $308.49 $919.92 $85.84 $4,542.10 $260.22 $1,523.06 $5,151.93 $450.86 $954.81 $204.00 $1,252.95 $194.50 $634.50 $1,014.93 $204.77 $68.4O $1,169.55 $7.45 $244,922.28 $587,642.26 $1,719,249.57 4727 February 29, 2003 Beginning Balance ~evenues TI F 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 Rent Expense Phone Expense Electric Expense Office Total 'lulpment Leases Expenses .,isurance Property/General Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel/Entertainment Expense Promotional/Business Meetings CRA Meeting/Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Office Expense Office Supplies Total Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publlcath' Advertising & Public Notices Career Development Office Printing Expense MIscellaneous Expense bt Service ,'incipal Payment interest Expense Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Budget to Actual Comparison Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 2003/2004 2003/2004 Date Period Totals Including Budget Budget Totals February Current Month 4,751,917.00 5,207,162.00 5,207,162.00 6,961,904.45 5,207,162.00 03/04 % of Budget Budget Remaining Remaining 2,361,158.00 2,374,597.00 2,278,787.00 0.00 2,278,787.00 95,810.00 4% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 75,000.00 75,000.00 18,465.92 5,468.91 23,934.83 51,065.17 68% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 7,188,075.00 2,449,597.00 2,297,252.92 5,468.91 2,302,721.83 146,875.17 207,500.00 207,500.00 71,112.95 15,780.00 86,892.95 15,563.00 15,563.00 3,285.03 1,452.36 4,737.39 9,375.00 9,375.00 0.00 200.00 200.00 0.00 2,000.00 570.66 153.31 723.97 1,824.00 1,824.00 481.28 120.32 601.60 16,800.00 16,800.00 5,915.82 76.44 5,992.26 540.00 540.00 144.00 97.24 241.24 251,602.00 253,602.00 81,509.74 17,879.67 99,389.41 44,000.00 76,742.00 23,187.00 0.00 23,187.00 6,000.00 6,000.00 1,804.35 273.22 2,077.57 170,000.00 219,511.00 69,422.94 -486.80 68,936.14 7,500.00 7,500.00 5,900.00 75.00 5,975.00 2,800.00 2,800.00 1,360.00 235.00 1,595.00 13,360.00 13,360.00 3,647.50 3,150.00 6,797.50 243,660.00 325,913.00 105,321.79 3,246.42 108,568.21 14,112.00 14,112.00 5,600.00 1,120.00 6,720.00 7,800.00 7,800.00 1,919.12 562.63 2,481.75 1~875.00 1,875.00 571.64 157.52 729.16 23,787.00 23,787.00 8,090.76 1,840.15 9,930.91 4,356.00 4,356.00 1,490.50 343.00 1,833.50 1,438.00 1,438.00 272.48 68.12 340.60 350.00 350.00 80.52 32.42 112.94 3,900.00 3,900.00 1,047.40 261.85 1,309.25 5,688.00 5,688.00 1,400.40 362.39 1,762.79 4,800.00 4,800.00 298.19 10.30 308.49 3,000.00 3,000.00 219.92 700.00 919.92 504.00 504.00 53.95 31.89 85.84 6,735.00 6,735.00 4,542.10 0.00 4,542.10 1,080.00 1,080.00 233.31 26.91 260.22 3~600.00 3,600.00 1,246.14 276.92 1,523.06 19,719.00 19,719.00 6,593.61 1,046.02 7,639.63 1,500.00 1,500.00 363.52 87.34 450.86 7,500.00 7,500.00 4,327.12 824.81 5,151.93 9,000.00 9,000.00 4,690.64 912.15 5,602.79 1,250.00 1,250.00 204.00 0.00 204.00 3,316.00 3,316.00 1,232.95 20.00 1,252.95 500.00 500.00 194.50 0.00 194.50 5,066.00 5,066.00 1,631.45 20.00 1,651.45 4,000.00 4,000.00 0.00 634.50 634.50 4,000.00 4,000.00 564.03 450.90 1,014.93 4,500.00 4,500.00 202.03 2.74 204.77 500.00 500.00 75.85 0.00 75.85 4728 134,925.23 134,925.23 0.00 0.00 0.00 182,372.73 182,372.73 -5,071.11 0.00 -5,071.11 200,000.00 200,000.00 0.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 0.00 60,000.00 60,000.00 0.00 0.00 0.00 597,297.96 597,297.96 -5,071.11 0.00 -5,071.11 120,607.05 58% 10,825.61 70% 9,175.00 98% 1,276.03 64% 1,222.40 67% 10,807.74 64% 298.76 55% 154,212.59 61% 53,555.00 70% 3,922.43 65% 150,574.86 69% 1,525.00 20% 1,205.00 43% -6,562.50 49% 217,344.79 89% 7,392.00 52% 5,318.25 68% 1,145.84 61% 13,856.09 58% 2,522.50 58% 1,097.40 76% 237.06 68% 2,590.75 66% 3,925.21 69% 4,491.51 94% 2,080.08 69% 418.16 83% 2,192.90 33% 819.78 76% 2,076.94 58% 12,079.37 61% 1,049.14 70% 2,348.07 31% 3,397.21 38% 1,046.00 84% 2,063.05 62% 305.50 61% 3,414.55 67% 3,365.50 84% 2,985.07 75% 4,295.23 95% 424.15 85% 134,925.23 100% 187,443.84 103% 200,000.00 100% 20,000.00 100% 60,000.00 100% 602,369.07 101% PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Web Site Update/Expansion Printing & Promotional Program= Police Central Business District Heart of Boynton Total Police Transportation/Trolley Festivals/Events/Bus. Program Facade Grants Economic Development Grants PROJECTS RiverwallEPromenade Projects HOB Commercial/Improvements Way-Finding Signage Marina Parking Garage CDC Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES Total Reserve Balance Before De Proposed Bonds TOTAL RESERVE BALANCE Budget to Actual Comparison Amended Year To Current 2003/2004 2003/2004 Date Pedod Budget Budget Totals February 2,500.00 2,500.00 954.81 0.00 1,500.00 1,500.00 0.00 0.00 10,000.00 35,000.00 9,950.00 0.00 17,500.00 17,500.00 0.00 0.00 175,000.00 175,000.00 0.00 0.00 175,000.00 175,000.00 0.00 0.00 350,000.00 350,000.00 0.00 0.00 150,000.00 150,000.00 0.00 0.00 50,000.00 50,000.00 14,446.01 513.16 100,000.00 100,000.00 0.00 0.00 50,000.00 50,000.00 9,750.00 0.00 2,150,000.00 2,150,000.00 282,576.70 8,051.96 600,000.00 846,600.00 0.00 0.00 50,000.00 60,451.00 18,333.26 0.00 1,050,000.00 1,050,000.00 0.00 0.00 1,750,000.00 1,750,000.00 0.00 0.00 75,000.00 75,000.00 0.00 0.00 50,000.00 50,000.00 0.00 0.00 YTD Totals Including Current Month 954.81 0.00 9,950.00 0.00 0.00 0.00 0.00 0.00 14,959.17 0.00 9,750.00 290,628.66 0.00 18,333.26 0.00 0.00 0.00 0.00 7,629,675.96 7,995,979.96 542,510.47 35,303.06 577,813.53 -441,600.96 ,33%220.96 6~961~904.45 6~932~070.30 6~932~070.30 2,000,000.00 2,000,000.00 0.00 0.00 0.00 1,558,399.04 1,660,779.04 6,961,904.45 6,932,070.30 6,932,070.30 03/04 Budget Remaining 1,545.19 1,500.00 25,050.00 17,500.00 175,000.00 175,000.00 350,000.00 150,000.00 35,040.83 100,000.00 40,250.00 1,859,371.34 846,600.00 42,117.74 1,050,000.00 1,750,000.00 75,000.00 50,000.00 7,418,166.43 %of Budget Remaining 62% 100% 72% 100% 100% 100% 100% 100% 70% 100% 81% 86% 100% 70% 100% 100% 100% 100% 4729 BEGINNING CASH BALANCE REVENUES 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 FUTA Tax ' 941 Deposits Total Payroll Tax Expense Health. InsuranCe Expense Aetna Health Insurance Comp Dent Corporation Total Health Insurance Expense Life Insurance Expense The Hartford Total Life Insurance Expense Retirement Lord Abbot Total Retirement Expense ST / LT Disability Principal Financial Group Total ST / LT Disability Professional Fees - City Staff The City of Boynton Beach The City of Boynton Beach Total Professional Fees - City Staff Professional Fees - Contracted Angell Pension Group Inc Kimley-Horn Assoicates, Inc Total Professional Fees - Contracted Professional Fees - IT City of Boynton Beach Carillon Financials Total Prnf~..~_einnnl I:nae. IT STATEMENT OF CASH FLOWS $ $ $ 5,468;91 $ 5,468.91 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4730 1,779.16 1,778.86 461.54 461.54 1,357.62 1,357.62 1,312,22 1,312.22 817.62 817.62 224.00 4,991.20 2,062.87 76.44 97.24 400.00 153.31 267.67 273.22 205.50 10,500.00 3,000.00 150.00 $ 11,456.02 $ 5,215.20 $ 2,139.31 $ 97.24 $ 400.00 $ 153.31 $ 540.89 $ 10,705.50 $ 6,939,404.75 $ 5,468.91 Professional Fees - Maint. & Cleaning Green Team Pest Control Alan Business Machines Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Professional Fees - Audit Dufresne & Assoicates Total Professional Fees- Audit Rent Expense Gene Moore rent for March Total Rent Expense Electric FPL Total Electric Expense Telephone Cingular Wireless Bell South FDN Total Telephone Expense Car Allowance Director Douglas Hutchinson Total Car Allowance Director Promotional / Business Meetings Sun Trust- Meetings Petty Cash - Business Meeting Total Promotional / Business Meetings Association Meeting Petty Cash Total Association Meetings CRA Meeting / Presentation CDC Faith Based Total CRA Meeting / Presentation Membership, Subscriptions FGFOA Total Membership, Subscriptions Mileage & 'Delivery Federal Express Total Mileage & Delivery Office Expense Suntrust Aqua Springs & Coffee Total Office Expense Equipment Rental Imagistics Total Equipment Rental Office Supplies Office Depot Petty Cash Pitney Bowes Refund from Dell Sold Disk Total Office Supplies Office Printing Imagistics Copies 4731 $ $ $ $ $ $ $ $ $ $ $ $ 20.00 75.00 140.00 75.00 1,120.00 157.52 69.41 220.00 273.22 276.92 35.16 10.30 31.89 700.00 20.00 75.81 34.84 52.50 343.00 525.45 5.00 10.00 (306.00) (161.50) 2.74 $ 235.00 $ 75.00 $ 1,120.00 $ 157.52 $ 562.63 $ 276.92 $ 45.46 $ 31.89 $ 700.00 $ 20.00 $ 75.81 $ 87.34 $ 343.00 $ 72.95 Total Office Printing Career Development Doug Hutchinson-Palm Beach Days Suntrust Florida Atlantic University Total Career Development Advertising Palm Beach Post Palm Beach Post Total Advertising Expense Festivals /Events / Bus. Pro / Banners BODA Total Festivals / Events / Bus. Pro / Banners Riverwalk/Promenade/BBB Extension Johnathan Ricketts Total Riverwalk/ Promenade/ BBB Extension $ $ $ 73.00 172.90 130.00 418.50 216.00 464.26 8,051.96 $ 2.74 $ 376.90 $ 634.50 $ 464.26 $ 8,051.96 TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT $ 47,190.35 $ (41,721.44) $ 6,897,683.31 4732 Memo: To: From: Subject: Date: CRA Board Douglas Hutchinson Price List for CRA Documents and Maps February 26, 2004 Staff has performed a cost analysis for the CRA books and maps produced to be viewed and/or purchased by the public. Prior to this cost analysis, the actual cost of document production was not known. Additionally, the books and maps were not being sold. As a result, there was a heavy drain on the office supply budget due to the cost of producing the documents. In order to remedy the situation and ease budget impacts, the CRA office will begin to charge for books and maps. Staff has attached a detailed cost analysis outline of all CRA books and maps for YOur review. Document Price Federal Hwy Corridor Community Redevelopment Plan Urban Land Institute Regional Economic & Redevelopment Trends Boynton Beach 20/20 Redevelopment Master Plan CRA Redevelopment Briefing Savage Creatures of Ancient Seas Capital Improvement Program 2001-2005 Development Atlas of the City of Boynton Beach 4733 Cost Selling Price $3.85 $3.5O $4.65 $5.00 $11.08 $10.00 $13.74 $15.00 $7.67 $7.5O $7.92 $7.5O $6.63 $5.00 Ocean Distdct Community Redevelopment Plan Boynton Beach Community Redevelopment Plan Heart of Boynton - Master Plans & Schematic Designs Heart of Boynton Community Redevelopment Plan Historical High School Structural Analysis For the Historic High School Task Force Boynton Beach Historic High School $8.26 $7.50 $4.61 $5,00 $3.71 $3.5O $6.94 $5.00 $4.35 $5.00 $9.67 $10.00 Maps. Zoning $5.00 Aerial $7.50 Use $5.00 CRA Area $5.00 Staff is recommending CRA Board approval to sell the books and maps at the suggested prices above. 4734 COST ANALYSIS The Federal Highway Corridor Community Redevelopment Plan Pages- 59 Price per page - .00436 Price of comb (1/2") -. 15 Price of white card stock - .02 Price of clear covers - .44 Labor - $1.59 Ink- $1.39 Total Cost - $3.85 Retail Price - $3.50 The Urban Land Institute Regional Economic & Redevelopment Trends Pages- 88 Price per page - .00436 · Price of comb (1/2") -. 15 Price of white card stock- .02 Price of clear covers - .44 Labor - $1.59 Ink - $2.07 Total Cost- $4.65 Retail Price - $5.00 Boynton Beach 20/20 Redevelopment Master Plan Pages - 241 Price per page -. 00436 Price of 11" X 17" per page (7) - .013092 Price of comb (1") - .63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink- $5.66 Total Cost - $11.08 Retail Price - $10.00 4735 CRA Redevelopment Briefing Pages - 154 Price per page- .00436 Price of comb (1 ½") -.94 Dividers (4) - $3.26 Price of white card stock - .02 Price of colored card stock (20 pages) - $1.60 Price of clear covers - .44 Labor - $3.19 Ink - $3.62 Total Cost - $13.74 Retail Price - $15.00 Savage Creatures of Ancient Seas Pages - 122 Price per page - .00436 Price of comb (1") - .63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink - $2.86 Total Cost - $7.67 Retail Price - $7.50 Capital Improvement Program 2001-2005 Pages- 129 Price per page - .00436 Price of 11" X 17" per page (4) -.013092 Price of comb (1") -. 63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink- $3.03 Total Cost - $7.92 Retail Price - $7.50 The Development Atlas of the City of Boynton Beach Pages - 101 Price per page - .00436 Price of comb (5/8") -. 17 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink - $2.37 Total Cost - $6.63 Retail Price - $5.00 4736 The Ocean District Community Redevelopment Plan Pages- 143 Price per page -. 0043 6 Price of comb (1") -.63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink- $3.36 Total Cost - $8.26, Retail Price - $7.50 Boynton Beach Community Redevelopmem Plan Pages - 86 Price per page -.00436 Price of comb (5/8") -. 17 Price of white card stock - .02 Price of clear covers - .44 Labor - $1.59 Ink- $2.O2 Total Cost - $4.61 Retail Price - $5.00 Heart ofBoynton - Master Plans & Schematic Designs Pages- 54 Price per page -.00436 Price of comb (1/2") -. 15 Price of white card stock - .02 Price of clear covers - .44 Labor - $1.59 Ink - $1.27 Total Cost - $3.71 Retail Price - $3.50 Heart of Boynton Community Redevelopment Plan Pages - 112 Price per page - .00436 Price of comb (5/8") -. 17 Price of white card stock - .02 Price of clear covers - .44 Labor - 3.19 Ink- $2.63 Total Cost - $6.94 Retail Price - $5.00 4737 Historical High School Structural Analysis for the Historic High School Task Force Pages - 77 Price per page -.00436 Price of comb (1/2") -. 15 Price of white card stock - .02 Price of clear covers - .44 Labor- $1.59 Ink- $1.81 Total Cost - $4.35 Retail Price - $5.00 Boynton Beach Historic High School Pages- 189 Price per page - .00436 Price of 11" X 1T' per page (10) - .013092 Price of comb (1") - .63 Price of white card stock - .02 Price of clear covers - .44 Labor - $3.19 Ink- $4.44 Total Cost- $9.67 Retail Price - $10.00 4738 MEMO TO: CRA Board FROM: Annette Gray SUBJECT: Project Signage and Groundbreaking Event Date for the Boynton Beach Boulevard Extension and Promenade Project Date: February 9, 2004 Staff is proposing an event to celebrate the groundbreaking of the Boynton Beach Boulevard Extension and Promenade Project. The commencement of this project after many years of planning is a milestone and should be recognized as one of the many first steps towards actualizing not only the CRA Comprehensive Plan but" also the Boynton Beach Vision 20/20 Plan. The proposed date of the unveiling of the sign is Thursday, March 18, at 6:30 p.m. at the project site. If this date conflicts with your schedule, please contact Staff to assist in the determination of a new date and time. 4739 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Planning Services for the Boynton Beach Corridor Plan Extension from Seacrest to FEC Tracks DATE: February 24, 2004 As per the direction of the CRA Board, RMPK Group has submitted a Phase II Scope of Work fOr the Boynton Beach Boulevard Corridor Plan for extension of the study area from Seacrest to the FEC Tracks (Note that the Central Business District starts at the FEC tracks). The Phase II Contract includes the Scope of Work, Time Schedule, and Cost per task. Staff is recommending approval of the Phase II Boynton Beach Boulevard Corridor Plan. 4740 PROJECT TITLE: BOYNTON BEACH BOULEVARD CORRIDOR PLAN PHASE II SCOPE OF SERVICES RMPK Group will provide professional services to the City of Boynton Beach Community Redevelopment Agency for the preparation of the Boynton Beach Boulevard Corcidor Plan. The following services will be provided: Work Task 1.0 Project Organization And Management 1.1 Finalize Scope of Work a. Consultant shall meet with CRA staff to develop a detailed Scope of Services and products for the redevelopment planning process. b. Consultant and CRA staff will meet and discuss work efforts, existir~g base data, past studies, level of public involvement/participation, timing of related projects, and key issues. c. Consultant shall synthesize the elements from the above meetings and prepare a final detailed Scope of Services. 1.2 Products a. The consultant will prepare a final scope of services. b. The consultant will prepare a final project schedule. c. The consultant will prepare a public involvement process and schedule. Work Task 2.0 Inventory 2.1 Review Existing Documents and Studies Description: This task will include the review of all pertinent studies and documents prepared by the City, State or Regional agencies and other consultants. Each of the documents will be reviewed with regard to any base data, which may be useful in the preparation of maps, analysis and planning strategies. Most importantly, this phase will include a review of existing redevelopment documents and a search to determine changes to these original databases. The documents to be reviewed may include, but will not be limited to the following: · Heart of Boynton Plan · 20/20 Vision Plan · Ocean District Plan · Federal Highway Con'idor Plan · Boynton Beach Boulevard Corridor Plan 4741 2.2 Site Inventory a. This task will include the inventory of the planning characteristics of the project site. A physical conditions base map will be prepared which delineates existing elements and the location of each element on the site. b. The existing conditions inventory will include the preparation of a base map and a series of inventory maps. The mapping will be prepared using existing and available CAD / GIS mapping information. Mapping will be prepared at a scale that allows the base maps to be enlarged for the preparation of physical alternatives and the development of the preferred plan. Reproducible originals will be made available to the Owner. The specific items of the inventory will include, but will not be limited to: · Existing land use · Future land use · Land oWnership · Land values · Development proposals · Zoning · Utilities · Parking · Circulation · Urban design elements Work Task 3.0 Analysis 3.1 Site Analysis a. The site analysis will utilize the existing conditions inventory to evaluate the physical characteristics of the CRA area and adjacent lands. The analysis will evaluate the existing conditions issues and will identify critical areas of concern as they relate to existing CRA areas. b. The site analysis will address the following issues: URBAN DESIGN · Pedestrian circulation patterns · Directional and identity signage · Downtown design theme character · Existing public open space · Existing landscape · Visual conditions · Existing R.O.W. design · Existing building setback design · Traffic circulation · Service access · Parking location and quantity · Lighting conditions · Paving conditions · Drainage conditions 4742 · Utilities constraints · Building facade conditions · Vacant land opportunities LAND · · · · · · USE/CIRCULATION Compatibility Viable redevelopment sites Opportunities and constraints Vacant land Traffic hazard areas Demographics Work Task 4.0 - Concept Plan 4.1 Conceptual Physical Plan a. The consultant team will then prepare conceptual land use and urban design framework plan. The plan will delineate the following elements: · Land use areas · Urban design criteria · Auto circulation routes · Pedestrian circulation routes · Pedestrian plaza areas and urban open space · Parking areas · Key infrastructure improvements · Key land use project areas 4.2 Alternative Plan Analysis a. The concept plan will be reviewed and refined by CRA staff. a. The concept plan will be reviewed and refined by the CRA Board. Work Task #5 - Final Redevelopment Plan 5.1 Final Physical Land Use Plan a. Future land use designations b. Parking and circulation designations c. Urban Design Criteria d. Urban open space designations e. Community services plan f. Infrastructure plan g. Perspective drawings of planned improvements 5.2 Implementation Plan a. Description of public and private projects. b. Target development projects c. Cost estimates 4743 5.3 5.4 d. LDR and Zoning recommendations Final Public Presentations a. CRA Board Documentation a. Preparation of Final Plan Document ADDITIONAL SERVICES If the Boynton Beach CRA requests additional services, then a new task order will be prepared to describe the additional work and necessary compensation. PROJECT PRODUCTS RMPK Group will deliver (25) copies of the corridor plan. SCHEDULE Plan will be completed by November 30 2004. COMPENSATION Fee Task 1 - Project Organization Task 2 - Inventory Task 3 - Analysis Task 4 - Concept Plan Task 5 - Final Plan Total Expenses charged @ 1.1 times actual cost 1,000.00 3,000.00 3,000.00 7,000.00 11~000.00 25,000.00 Approved By: Boynton Beach CRA By: Dated this day of ,2004 Submitted By: The RMPK Group BY: Dated this day of 4744 ,2004 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Planning Services for A Comprehensive Consolidation/Update to Produce One CRA Master Plan Document. DATE: February 24, 2004 The long awaited CRA Master Comp plan will consolidate all of the CRA plans into one planning document, which will include the new TCEA, Design Guidelines, Land Development Regulations rewrite and incorporate various district updates, and resolve any conflicts between the documents/studies. Moreover, this scope of work will incorporate a parking study element into the CRA Master Comp plan, which saves the CRA approximately $25,000 if it was contracted separately. RMPK Group has submitted a proposal for the Boynton Beach Unified Redevelopment Master Plan, which sets out the Scope of Work, Time Schedule, and Cost per task (Copy attached). RMPK Group is currently providing for and/or consulting on the Boynton Beach Design Guidelines, Boynton Beach Boulevard Extension, LDR (City), Heart of Boynton Community Plan, and the Heart of Boynton Update, which are all of the current components of the proposed CRA Master Comp plan study. Moreover, because RMPK Group has been participating in the plans they would not have to start at the beginning, but could start at with the full understanding of the past and existing projects and issues. In addition, the RMPK Group already has the 4745 above referenced projects documents in their computer system. This will provide the CRA with a cost savings as well as a time saving for the CRA Master Comp plan Study. For these reasons, Staff is recommending a sole source purchase of this service due to the interrelationship of these elements to the CRA Master Comp plan. Staff is recommending approval of the cont.ract with RMPK Group for the Boynton Beach Unified Redevelopment Master Plan. 4746 PROJECT TITLE: BOYNTON BEACH UNIFIED REDEVELOPMENT MASTER PLAN SCOPE OF SERVICES RMPK Group will provide professional services to the City of Boynton Beach Community Redevelopment Agency for the preparation of a Unified Redevelopment Master Plan. The Master Plan will provide guidance for successful implementation of the City's overall redevelopment efforts. The Unified Redevelopment Plan will be based on the review and evaluation of existing redevelopment plans. Information will be consolidated and formatted into one unifying document that will provide recommendations concerning program organization, capital improvement priorities, economic development strategies and additional tasks needed for successful redevelopment. Work Task 1.0 Project Organization And Management 1.1 Finalize Scope of Work a. Consultant shall meet with CRA staff to develop a detailed Scope of Services and products for the redevelopment planning process. b. Consultant and CRA staff will meet and discuss work efforts, existing base data, past studies, level of public involvement/participation, timing of related projects, and key issues. c. Consultant shall synthesize the elements from the above meetings and prepare a final detailed Scope of Services. 1.2 Products a. The consultant will prepare a final scope of services. b. The consultant will prepare a final project schedule. c. The consultant will prepare a public involvement process and schedule. Work Task 2.0 Inventory 2.1 Review Existing Documents and Studies Description: This task will include the review of all previous plans, stud/es and documents prepared by the City, State or Regional agencies and other consultants. Each of the documents will be reviewed with regard to any base data, which may be useful in the preparation of maps, analysis and planning strategies. Most importantly, this phase will include a review of existing redevelopment documents and a search to determine changes to these original databases. The documents to be reviewed may include, but will not be limited to the following: · Heart of Boynton Community Redevelopment Plan 4747 2.2 · Boynton Beach 20/20 Redevelopment Master Plan · Ocean District Community Redevelopment Plan · Federal Highway Corridor Community Redevelopment Plan · Federal Highway Corridor North Redevelopment · Boynton Beach Boulevard Corridor Plan Site Inventory a. This task will include the inventory of the planning characteristics of the project sites. Physical conditions base maps will be prepared which delineates existing elements and the location of each element on the sites. This will be an important element of the planning process because the previous redevelopment plans were all prepared and formatted using separate databases. b. The existing conditions inventory will include the preparation of base maps and a series of inventory maps. The mapping will be prepared using existing and available CAD / GIS mapping information. Mapping will be prepared at a scale that allows the base maps to be enlarged for the preparation of physical alternatives and the development of the preferred plans. Reproducible originals will be made available to the Owner. The specific items of the inventory will include, but will not be limited to: · Existing land use · Future land use CRA future land use · Vision plan concept · Land ownership · Land values · Development proposals · Zoning · Utilities · Parking · Circulation · Public facilities · Historic sites · Urban design elements Work Task 3.0 Analysis 3.1 Site Analysis a. The site analysis will utilize the existing conditions inventory to evaluate the physical characteristics of the CRA area and adjacent lands. The analysis will evaluate the existing conditions issues and will identify critical areas of concern as they relate to existing CRA areas. b. The site analysis will address the following issues: 4748 3.2 URBAN DESIGN · Pedestrian circulation patterns · Directional and identity signage · Downtown design theme character · Existing public open space · Existing landscape · Visual conditions · Existing R.O.W. design · Existing building setback design · Traffic circulation · Service access · Parking location and quantity · Lighting conditions · Paving conditions · Drainage conditions · Utilities constraints · Building facade conditions · Vacant land opportunities LAND USE/CIRCULATION · Compatibility · Viable redevelopment sites · Opportunities and constraints · Delineation of appropriate housing mix · Vacant land · Traffic hazard areas · Demographics ECONOMICS · Based on previous market studies, key economic principles will be summarized and an appropriate economic positioning strategy devised. Document Analysis Using a uniform standard of analysis each of the previous redevelopment plans will be reviewed and analyzed based on current conditions. A summary of key issues for each district will be prepared as well as a summary of incongruencies within and between the various documents. Work Task 4.0. Concept Plans 4.1 Conceptual Physical Plans a. The consultant team will prepare a conceptual land use and urban design framework Plans for the district. The plans will delineate the following elements: 4749 · Land use areas 4.2 43 Urban Design Framework Auto circulation routes Pedestrian circulation routes Pedestrian plaza areas and urban open space Parking areas Key infrastructure improvements Key land use project areas Streetscape Elements Key public projects Key public/private projects Plan Analysis a. The concept plans will be reviewed and refined by CRA staff. a. The concept plans will be reviewed and refined by the CRA Board. Public Involvement - Plan Review a. A Public Workshop will be held. The focus will be: · Review the concept plans · Provide comments on the plans Work Task #5 - Final Redevelopment Plans 5.1 Final Physical Land Use Plans a. Future land use designations b. Parking and circulation designations c. Urban design criteria d. Urban open space designations e. Infrastructure plans f. Perspective drawings of planned improvements 5.2 Implementation Plans a. TIF projections / Capital Improvements Plan b. Description of public and private projects. c. Target development projects d. Description of agency participation e. Intent of each phase f. Cost estimates g. Funding source options - grants plan h. Management and administrative recommendations i. LDR and Zoning recommendations Long term public involvement strategies k. CRA Board implementation procedures 5.3 Statutory Requirements a. Address all Statutory Requirements related to the social, economic and environmental impacts of the proposed plan. 4750 5.4 5.6 Final Public Presentations a. CRA Board, P & Z Board, City Commission Documentation a. Preparation of Final Redevelopment Plan Documents ADDITIONAL SERVICES If the Boynton Beach CRA requests additional services, then a new task order will be prepared to describe the additional work and necessary comPensation. PROJECT PRODUCTS RMPK Group will deliver (25) copies of the redevelopment plan. SCHEDULE Plan will be completed by October 30, 2004. COMPENSATION ,Fee Task 1 - Project Organization Task 2 - Inventory Task 3 - Analysis Task 4 - Concept Plan Task 5 -Final Plan $ 5,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 $ 65,000.00 Total $150,000.00 Expenses charged @ 1.1 times actual cost Approved By: Boynton Beach CRA By: Dated this day of ,2004 Submitted By: The RMPK Group BY: Dated this day of 4751 ,200 V. Public Audience. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4752 The city shall furnish appropriate aUXiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for sUch purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4753 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO TO: CRA Board DRAFT FROM: Doug Hutchinson SUBJECT: Review of Chapter 2 Zoning - MU-L & MU-H DATE: March 8, 2004 Planning and Zoning Staff have presented the Chapter 2 MU-L & MU-H zoning draft as the rewrite. Staff has reviewed the Chapter 2 zoning draft presented to the CRA Board for the March 9, 2004 meeting after the workshop, which was held on February 26, 2004 in the City Library. The following CRA comments and concerns have not been addressed: First, Mr. Fisher commented that a high end Auction House such as Christy's would not be a permitted use in either MU-L or MU-H zones. He felt that "Auction House" needed a better definition to enable Boutique Actions to take place. Second, there was an extensive discussion on page 7, or 4753i, (CRA page number) requesting clarity of the "edges" when changing heights within and between districts. Additionally, it was suggested the MU-L zone Arterial road be 75 foot height limit and Collector has a height of 45-60 feet. This entire section has none of the changes or further descriptive language, which were suggested in the workshop. Third, on page.8, or 4753j, (CRA page number) it was suggested to change #2 under rear yard to say "optional" not "plus" one additional foot for each foot of height over 45 ft where within or abutting the MU-L zone. Fourth, on page 10, or 47531, it was suggested that #d, could be more flexible with the Holland - Stone pavers, red/charcoal color mix. This section has none of the changes, which were suggested in the workshop. Fifth, on page 12, or 4753n, there was an extensive discussion on Live/Work unit requirements. There were concerns on issues of parking, percentage of work area verses living area, the ability to rent the living space out, and the desire to make the Live/Work area a true loft/work space. This section has none of the changes, which was suggested in neither the workshop nor any reference to additional clarity. Finally, the following definitions are not present in the ordinance for "Auction House", "Bus Terminal", and "Boutique Hotel". DEVELOPHENT DEPARTHENT PLANNZNG AND ZONZNG DI'VZSZON HEMORANDUH NO. PZ 04-028 TO: THROUGh: FROM: DATE: SUB.]ECl': Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf ~,~ Dick Huds~x~nior Planner February 3, 2004 CODE REVIEW CDRV 04-001 Mixed Use Zoning Districts (MU-H & MU-L) Project: Agent: PRO3ECT DESCRZP'i~Oiu Proposed amendments to the Zoning Regulations for Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories. City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbrlght 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 worldng with these regulations, staff has determined that minor amendments are warranted to bring the regulaUons into closer conformance with the intent of the ..Federa/ N/qhway Corn/dot Commun/ty .Redeve/opmentP/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. The proposed amendments to the Mixed Use zoning districts (see Exhibit "A'~ include additions and changes to the following sections: Section 6.F.4-Table 6F-! Schedule of Permitted Princi al Acce so and Conditional Uses. Live- Work Units have been added as permitted uses in both zoning districts, while Self-storage or 4753a Page 2 CDRV 04-001 Mixed Use Zoning Districts (MU-H MU-L) IVlinl 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 Minim~Jm parcel Size table, Ail other Uses now requires a minimum lot size of 3 acres to rezone from a single-family residential district to the MU-L 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 intensltles 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. RECOr4MENDAI'J:OH 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:\PLANNI'NG\SHARED\WP\SPECPRO.,I\CODE REVJEV~CDRV. MU-H MU-L\CDRVSTAFFREPTO4.DOC 4753b 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 -~--~-, *~,~ ~-~-~ u;~a. ...... r-...~.~..~. · . .... ~ ............. c~,,,v ......... ..vathin the Communi _ty Redevelopment Area. All development and redevelopment shall be represented by aa apprc;'cd corresponding site plan processed concurrently with the application for rezoning. ---~ +*. ..... *. +*. ...... ~a.~ ..~ .... .~ ;, 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 vehicul~o~ _A ~~ d. Allow f~.ibilI h~rcJt~ctur~ign ~ikl~'lc'lin~ull~; while maximizing c°mpatib'litY an~ma__,~ ~o~ wifi~-~-edevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; 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 east of 1-95, 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. HeiSts, densities and intensities of development are regulated according to the classification of the roadway .detemfined to be the frontage of the property~ 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. 4753c 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 designated as "arterial" or "collector" road~ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/o._rr residential uses arranged either vertically or horizontally. 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 mix-~aha~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" road~ways on the "Functional Classification of Roadways Map" and shall contain a mixture of retail co~, ~or re~lena.'~ be arranged either vertically or horizontall, iHetlt rlri~llns mtt~10nsi~l~3/be fl~he~ limited in certain geographic areas to furl~l~~P, ls.'1 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 '2q". 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 [ scmmt , or P .mvnTx D Pm cIe , ACC .SSORY co rrIoN Js .s I USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Boutique Inn lq C_~~ Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached B_CC N Residential, Single Family Attached P t~_ Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N 4753d 2 S :~Plannin~SHARED\W-P',.~PP.C~Pl~t3n~t3r~ R~vmw~r-r~oxr ~ uu x~ r ~ ~r,~,~o ~-:,-~ o-..-,~--,, ,,~ ,,, ~- - USE GROUP/USE MU-L ZONE MU-H ZONE Live/work Unit p15 pi5 Communit~ Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Library C N_.C Recreation (outdoor) P N Museum p p House of Worship p~ Police or Fire-Rescue Station p4 p Postal Center (retail sales on/y) C Post Office p pO Public Park p p Public Parking Lot or Garage p p Office Use Group* MU-L ZONE MU-H ZONE * Not encoural~ed as a first floor use in the MU-H Zone Bank/Financial Institution C~ C~ Medical or Dental ~ Professional Business ~fic~. , · ~· ~ I, l~ -]' I pO Veterin_a~ Office or C--'" i : .~ [ -: I N Sales and General Commercial Use MU-L ZONE MU-It ZONE Group* * Where permitted within the MU-L Zone, only on lots l~onfing on major arterial roadways._ Alcoholic Beverage Package Store pO pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C° N Animal Grooming pa p~ Animal Sales N N Antique Store pO pO Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing pO pO Auction House N N Automotive Parts Sales N N Automobile Sales with Display p~2 Baker7, Retail pO pO Boafflvlarine Sales/Rental N pla Boat/Marine Accessories pO pO Bookstore pO pO Building Supplies or Materials N N Bus Terminal N New Clothing, Shoes or Accessories pO pO Boutique Contractor's Office/Equipment Storage N N - Coffee Shop pO pO Convenience Store pO pO 4753e 3 S:~Planning~SHARED\WP~SPECPROJ-SCODR RRvrgwxc~Dnv ~t t_t.t ~t, r ~r~a~ ...~, ............... USE GROUP/USE MU-L ZONE MU-It ZONE Custom Home Furnishings Sales and General Commercial cont'd Cyber-caf6 Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p Drug Store or Pharmacy p~t Gasoline Sales with/without Vehicle Service C~° N Grocery Store, Supermarket p7 p7 Florist pO Hardware Store pO pO Health Food Store pO pO Home Improvement Centers N N Lumber Yard N N Marina C C Newsstand pO pO Outdoor Storage or ~ ~ · ~ ~ ~ ~ N Parking Lot for Cornn~iaJ [~h~s~ ~ ~. ~ ,I '' ~ ' N Parking Lot or Garage,-iv, . G~- ,ip t ~' · · I C Personal Watercraft ~ ntaJ~r~ ~r,,~.: ~.~ ~ pO Parts or Repair Photographic Studio and Photographic Supplies Restaurant, w/Drive Thru N N Restaurant, Sit-Down Gp_~ Specialty Foods and Confections pO pO Sporting Goods pO pO Tobacco and Accessories pO pO 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 pO pO Wholesale/Warehouse/Distribution N N Service Use Group* MU-L ZONE MU-It ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa pO pO Dance Studio pO pO Dressmaker or Tailor pO pO Drycleaner Fitness/Health Club Gp_.O pO Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat pO N Medical Outpatient Facility C6 C~_ 4753f 4 SAPlannint.~.qlHARla. D\WP\.qp~pl~n l~t-,CW~l~ ~xrmxxa~r~oxr ~,,, r, · ,*,, ~..-,_ ~ ....... "USE GROUP/USE MU-L ZONE MU-H ZONE Nurser7, Preschool or Child Daycare pO N Service Use Group cont'd MU-L ZONE MU-H zoNE Nursing or Convalescent Home N N Photocopy Center pO pO Self-Storage or Mini Warehouse ~'C~4 N Shoe Repair pO pO Soup Kitchens,/Substance abuse Centers/ N N - Shelters/I-Ialf-wa¥ Houses Tattoo Parlor/Body Piercin$ N N Entertainment Use Group* MU-L ZONE MU-It ZONE * Where permitted w~thin the 1VIU=L Zone, only on Iota fronting on major arterial roadways. Adult Entertahanent N N Bar, Cocktail Lounge Cz p~ Billiard Club/Bowling Alley/Indoor Ct pO Recreation Facility B~_~_~_H~ N Movie Theater I , I --_ ~ t ~ 1 -] I C~ Night Club I · i = · ~ ~ ! C Performing Arts Theater N p Private Clubs, Lodges and Fraternal Cd Cd Organizations Accessor~ Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C~ N use to financial institutions and restmLrants) Restriction Notes: Must be an integral part of a mixed-use development comprising a maxim,m of 30 percent of the gross floor area of the entire development. 2 For those vath 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 ~stance separation requirements from similar uses, measured in a straight line, using the slaortest 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. Subject to setback and buffering requirements as recommended by the Technical Review Committee. _Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 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. 4753g S:kPlann/mtk~HAR RD\WP\RpgC,i~i~ m nt~r~ o n~rr~x~n,-,,~,,,,, 5 10 11 12 13 On-site drop-off and pick-up only. 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. Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. See Section 14 for regulations. See Section 15 for regulations. 5. Buildinl~ and site re~dations. Minimum Parcel Size' " MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Hotel ~ ~ ~, ~ ~ ~ 3 acres* *or is part of a mixed me dlllOpi ~'tol~],.~ ~3 acr~.~ I 2 · Residential, Single Fmil> D h [ ffi N· ]--- I, 51)0lsq. ft. I. --- Residential, Single Family Dell~t~ w/3t~ess~t - m, ~ sq. ~ --- Residential, Single Family Attached 7,500 sq. ft. 65,000 sq. ft. Residential, Multi-Family 15,000 sq. ft. 20,000 sq. Community Facility Use Group Public Park no winimum no minimum All other Uses 10,000 scI. ft 10,000 scl. 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 100 ft. 100 ft. 4753h 6 Maximum Height MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft .... Residential, Single Family Attached (Duplex) 35 ft ___ Residential, Single Family Attached (Townhomes) 35 ft 45 ft. I 11 f~+'l~ TT~ -. Locafional Requirements for Height~ Densi~, and Floor Area Ratio* All Other Uses Type Of Zonine Districts ~R.r°adway . MU-L ZONE [ MU-H ZONE onta~e Height~ I Densi ,ty FAR2 ] Height~ Dens~'tv FAR2 · 3 3 4 Arterial 75 -100 ' ft I 40 du/ac 1.5-2.0 [ I50 Rtl' 80 du/ac Collector 45'75t ft / 20-40 du/ac 1-1.5 ~ 150 ft.' 80 du/ac4.04'0 Local Collector 45 ft Local NO · ~ tqcJ ' I N~I i} , Il ~ NO · · t. · vT ~ ~' Includes all habitable 3. Maximum height of fi:ont facade is 45 ft. above which building mu,t step back a minimum 10 ft. of stepha~ for every each additional 50 ft. of height. 4. May increase to the maximums, subject to conditions to minimize 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% 30% All Other Uses 20% 15% FRONT YARD SETBACK MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 ft.' ._. Residential, Single Family Attached build to line 10 ft.~ ... Residential, Multi-Family build to line 10 ft. z 0-1'5 ft. All Other Uses including mixed use with a single-family 0 ft or 10 ft~ 0 ft o~ 1015 ft4 attached component~build-to line 4753i 7 S:~Planning~,qlJARl~D\WP\qpl~c,pl~t'l iXc,~r~ onxrmxvXor~oxr x.,, u ~n,. ~,~_ ~ 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. Projecting feature(s) such as awnings, balconies, porches and/or stoops r, kall may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any pubhc sidewalk. 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. Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping (below). SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Sin/:le Family Det. ached, Interior 6 fl .... Comer 15 fi --- ·-n~ · ~nd ~Ik l__tt..1· · ,~- Residential, Single Family,'~¢h~'~l-: =Corn~,~ ~,-d I --- Residential, single Family ~eh~(T, lm~ _~es]~l, iff"] I --- comer Residential, Multi-Family 20 fl~ 0 it: All Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft. Detached in the MU-L Zone Adjacent to Other Uses 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 MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 it. 25 it. Residential, Single Family Detached 7.5 it .... Residential, Single Family Attached 7.5 ft .... Residential, Multi-Family 25 it. 2 0 ft. ~ AH Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 it. 0 ft.t Where Yard is Adjacent to Residential Single Family 25 it. ~ 25 ft. ~ Attached or Detached Where yard is Adjacent to Ail Other Uses 0 ft. 2 0 it. ~ subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. plus one additional foot for each foot of height over 45 fl. where within or abutting the MU-L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. 4753j 8 S:~Plannflllz~SHARl:.D\WP\,qPl~F'Pi~ChlXC't~r~g or;xrmxxnt~r~vxr ~.gTT T~' I.~'T ? ~"~-.~ ................ 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 p~err?te.d an,d, e_nco, uraged, ,w~, thin the MU-L zoning district and subject to the same development sranaaras as an 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. 8. Access. Within the MU-H and MU-L Zones vehicular access to arkin shall not bedirectl_ from an art~rialr 'f tiveisvalla ' T 9. Landscaping V~l'~ 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. e Trunk~ 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 00) 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 comers 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. 4753k 9 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. do Sidewalks · All new construction in the MU-H District shall provide new sidewalks. · Sidewalks constructed along arterial roadways shall be a minimum often (10) feet wide, measured from the rear of curb. · Sidewalks shall, where practical, be Holland-$tonepavers, 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. eo Flower Containers · To add color and soften sidewa~ ~ts, flower lt~]~~l~]~lant~l~t maid,ed akl~ facades of new 910. 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 Boyuton 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: 47531 10 Weekday Weekend ' Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Mi&fight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Pement) (PercenO (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 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 ate ;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, fi:eestanding single-use parking garages shall not exceed 75 - fe~t,"~l~l not b&ve dtr-l'/l~~wton Beach Boulevard, Ocean Avenue or F~rallghlkY~ess *~l.~rtiolf,~ ~T__-l- ~".Z" ., ~ , ,-~,..u~.~,~ gmle aouttmg sma streets contains storefronts, res .t~an~? ~[[r~~;~~ ~S-el~n-~e first floor. The intent is to border or wrap-m~g~ag~r~l~s ~rmittodl~itable floor area to a minimum depth of twenty (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 fo,' ~ommercial uses to a minimum depth oftwent3, (20) feet. Ail other visible sides of the parkinE structure shall be screened fi:om view by a living trellis (utilizing climbing vines) and/or architecturally articulated faoade 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. 11~4-0. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12.__~. 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. 4753m 11 13__.~. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storage Design Requirements. a. Location qfsel_f-storage u~e. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. Ground_floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. c. Access to self-storage_facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public fight-of-way. d. Design of buildings. Buildings shall be designed to. have the appearance of a use of °w" Ie up~a'~r ~l-~°rs' LiveF*Vork Unit Requirements. a_ Minimum Floor Area. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet. 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. Separation Required. Each five/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 ½) parking spaces. Permitted. Work Activity. The work.activi _ty in a building where five/work units are allowed shall be any use permitted by fight in the zoning district, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential 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 way of materials, process, product or wastes. 4753n 12 f. OccupationalLicense Required. At least one cccupaat resident of an '.individual live/work unit shall maintain a current'oeeupationa! lieen_se for a business located in that unit. No Separate Sale or Rental qf Portions qf Unit. No portion of a live/work unil 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. No Conversion qfUnits. 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 project, nor shall conversion to exclusively commercial use be permitted where live portion of the units is the only residential use in a project. -1416. Definitions. ~'l~PlerAde~.a.ppTeonlyto the Mixed Use Z°ning Districts, ~l,7or~v~e~itiot 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 0fthe 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 caf6: a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. 47530 13 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 facility or private club which has as a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages; whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL USE. Fortune-teller/Psychic: somebody Person who makes predictions about the furore 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. Hotel: A building or portion thereof containing twenty (20) or more guest rooms efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than ~ 00) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, balkooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through aa inside lobby and corridors or from an exterior court which is within a. secured area. Hotel~ Extended Stay: Any all-suite hotel that provides visitors with a full ldtchen and more than 5% of its rooms are occupied for at least thirty (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 primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the studio; and, 2. living space containing, but not limited to, a sleeping area, food preparation 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. 4753p 14 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 often (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 offthe 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 finks, pool and billiard halls, , _ om 2 Tdio and swimming pools. ~~a~mnllg~e Residential, Multi-Family: cio. tip. re dwe_iig 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 Iow- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facihty providing free or very low-cost meals or distributing fi:ce 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 presentation of plays, operas, music concerts, motion pictures, etc. 4753q DEVELOPMENT DEPARTMENT CODE REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD PLANNING AND DEVELOPMENT BOARD TO: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Planning and Development Board Nancy Byrne ASsistant Development Director March 1, 2004 Removal of Environmental Review Committee and Permits from LDR Ch 2, Zoning and Part II Chapter 13 - Occupational License. Establishment of Hazardous Materials/Toxic Substance Permit - Part II Chapter 9 - Fire Pro'tection and Prevention NATURE OF REQUEST Repeal of the current Environmental Review Committee and permit code regulations to be replaced with a new, updated hazardous material/toxic substance permit adminiStered by the City's Fire Marshall. BACKGROUND The City's regulations relating to Environmental Review are found throughout Part II, Chapter's 9 and 13, as well as the Land Development Regulations, Chapter 2. After receiving numerous complaints about the expense, time and intimidating nature of this review/permit process from new businesses wishing to establish within the City and existing businesses relocating to new areas, staff from all involved disciplines convened to re-examine and redefine existing regulations and recommend appropriate code amendments that create a more enforceable, efficient and business friendly process. ANALYSIS A recent reorganization of the Development Department has placed Occupational Licensing as a division of Planning & Zoning, and reclassified the position of Occupational License Manager to Zoning and Licensing Manager. This reorganization has effectively placed the intent of the. Environmental Review Committee, assuring compatible zoning for businesses utilizing hazardous materials, under the direct control of the Planning & Zoning Director. The Occupational License division along with the Fire Department has customarily inspected every business, with the exception of home'based businesses, as a condition of application. This physical inspection essentially duplicates the principal purpose and effort of the Environmental Review Committee. The Environmental review committee and permit process were included in the Land Development Regulations, Chapter 2, Zoning, to assure that specific uses within the city were reviewed for compliance with State and Federal regulations, and to minimize the effects of placing uses with the potential for fire, explosion, and escape of toxic, flammable, radioactive or otherwise hazardous materials in the correct zoning districts. This code section requires representatives from development, utilities, public works, engineering, fire and planning & zoning to review each Environmental Review application for permit, which also involves a site inspection. Subsequently, Code Compliance was also added to the list of departmentS represented in this site visit, constituting an inspection force of six city representatives. This is in addition to the inspection conducted by the Occupational License inspector and Fire Marshal. 4753r Page 2 Memorandum No. PZ02-218 Quantum Park Lots 73-A, 74-B -7'6 CDPA 02-001 In examining records from the past three years, staff determined that the vast majority of environmental review permit conditions result from building code issues, followed remotely by fire containment concerns. The comments generated clearly indicate that the current process does not warrant the continued time and expense of sending six inspectors out to each site. With incorporation of Ocoupational Licensing into the Planning and Zoning Department, along with the subsequent reclassification of the Occupational License Manager to Zoning and License Manager, the city much greater control over site issUes that used to present as issues only on those few businesses who were required to obtain Environmental Review. By placing a Planner, skilled in zoning matters as the administrator for Occupational Licenses, every license application is now reviewed for compliance with zoning code. It was also noted that the fire department does not have a current process for monitoring quantities and types of hazardous materials and/or toxic substances past the initial review for ERC. This new process will establish a protective monitoring system to assure that the city has up to date information about types of materials and fluctuation in quantities for these types of uses. The fee associated with the current review process is a $250 application fee and a $250 permit fee. Under the proposed revisions, the Fire Marshal would administer an annual site inspection and monitoring report for $25 each year. In anticipation of this potential new cost for businesses for this additional inspection monitoring service, the fire department reduced its annual site inspection fee last year. This monitoring inspection will be conducted in conjunction with the normal annual fire inspection, reducing the time and cost of the current ERC independent inspection. Staff anticipates that the abolishment of this process will help to foster additional growth in the economic business base of the city while continuing to monitor environmental concems, reduce costs and improve services to the community. RECOMMENDATION Staff recommends approval of this request to revise Part II, Chapters 9 & 13, along with LDR Chapter 2, repealing the current Environmental Review Committee and Permit process, and replacing that process with the Hazardous Materials/Toxic Substance Permit, administered through the office of the Fire Marshal. G:\Code Changes~staff report.doc 4753s DEVELOPMENT DEPARTMENT PLANN1'NG AND ZONING DZVZS~'ON MEMORANDUM NO. PZ 04-053 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency THRU: Michael W. RumPf Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: March 1, 2004 PROJECT NAME/NO: Mariners Way/ZNCV 04-001 REQUEST: Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback often (::[0) feet for a structure within a R-3 zoning district. Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT DE$CRZPTZON Mariners Way Homeowners Association K.P. Hislop 800 Mariners Way, Boynton Beach, Florida High Density ResidenUal (HDR)/R-3 No changes are proposed Accessory structures (tiki hUt and bathroom) 4.75 Acres (206,910 square feet) A single-family house zoned R-l-AA, single residenUal district, and farther north is South Road right-of-way; A multi-family residential development zoned R-3, multi-family residential district; The right-of-way for the Intracoastal Waterway; and A commercial development zoned C-4, general commercial district. 4753u Staff Report Memorandum No PZ-04-053 Page 2 BACKGROUND The subject property is currently zoned R-3, multl-family residential. The property is adjacent to the west side of the Intracoastal Waterway at the end of N.E. 12~h Avenue (see Exhiblt"A"- Location Map). The applicant has requested relief from the above-referenced code requirement to allow for the continued existence of a 192 square foot "tiid hut" built at the northeast corner of the subject property, which represents the front of the subject development. The"tild hut" measures twelve (12) feet by sixteen (16) feet, and Is 11.4 feet high (see Exhibit"8"- survey/site plan). For a structure with those dimensions the code requires a forty (,t0) foot front yard setback and twenty (20.) foot side yard setback in the subject zoning district. As part of this request, the applicant is also proposing to provide a bathroom facility at the pool area, which this development currently lacks. Such facility was not required when this development was built. The bathroom, measuring 5.8 feet by 5.8 feet, is proposed to be located ten (10) feet from the north property line. This would place it immediately west of the pool area, In an the existlng parking space. The applicant placed the "tild hut" at 10.8 feet from the front property line encroaching into the forty (40) foot front yard setback (see Exhibit "B"- survey/site plan). The owners did not apply for a permit for the "aid hut". Consequently, Code Compliance Issued a citation for the construction of the tild hut. In response to the citation, the applicant has submitted a building permit application and minor modification (see Exhibit "C"- Denial Letter). However, these requests were denied due to encroachment into the front yard setback. To rectify the situation and to allow this encroachment, the applicant is requesting this variance. If apprOved, the owners would then be required to submit a minor site plan modification and obtain all necessary building permits for the desired structures. ANALYSZS The code states that the zoning code variance cannot be approved' unless the board finds the following: That spec/a/conditions and circumstances ex/st which are peculiar t~ the/and, structure, or bu/'lding involved and which are not applicable to other lands, structures or buildings in the same zoning district. That the spec/a/conditions and circumstances do not result from the ac#ons of the applicant. That granting the vafCance requested w/II not confer on the applicant any spec/a/privilege that is denied by this ordinance to other/ands, buildings; or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. That the variance granted is the m/n/mum variance that w/II make possible the reasonable use of the /and, bu#d/ng, or structure. That the granting of the variance will be in harmony w/th the genera/intent and purpose of this chapter [ordinance] and that such variance wi//not be injurious to the area involved or otherwise detrimental to the pub/lc welfare. 4753v Variances to m/n/mum 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. A~/lcant shall orovide an Staff Report Memorandum No PZ-04-053 Page 3 afEdav/t with the application for variance stating that the above menb'oned condib'ons exist w/th respect to the acquisition of add/bona/property. The applicant's responses to the above criteria (see Exhibit "D'% falls to satisfy hardship conditions for the following reasons: The subject parcel's size and dimensions, as approved by plat, meet the current code requirements for a R-3 zoned lot; and 2. The variance is made necessary by actions of the applicant. Staff visited the site and estimates there to be sufficient space to accommodate this bathroom with a significantly greater setback than proposed. Staff concurs with the applicant that special conditions and circumstances exist. The fact that the pool is constructed in the northeast corner of the site, at the most narrow portion of the property, makes it virtually impossible to construct the tild hut on the pool deck for maximum usage for pool activities, in compliance with minimum setbacks. However, these conditions are not natural to this particular property, but result from actions by previous developer (project design and pool location), therefore criteria "a" is not satisfied. The fact that the pool was built along the north property line, and the tiki structure was constructed'by a Seminole tribe member does not exempt the applicant from zoning requirements. With respect to criteria "b" above, staff realizes that the variance request would not have been necessary if the applicant had Initially applied for a Site plan modification and building permit as required. During the review process, the applicant would have been Informed of the code regulations regarding the proper placement of this tild hut in this zoning district. Although the subject parcel is unusual in shape, the actions of the applicant have generated the circumstances. With respect to item "c'; given that the property has been approved for a permitted use (multi-family) in the R-3 zoning district, approval of this variance request would grant spedal privileges to the applicant, by allowing a structure to be placed within the minimum required setback, thereby possibly creating adverse impacts on adjacent properties. Accordingly, denial of this variance request would not deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c" is not satisfied. Although the properties to the north are not in the same zoning district as the applicant, thereby not applicable when reviewing Criteria "c'; variances have been granted to various properties which allowed reductions from the required 25-foot rear setback, down to the 10 foot seatback being requested by the applicant. The subject property was improved with a multi-family development in compliance with minimum setback 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 "f" above, the tiki hut and prOposed bathroom would be separated from nearby single-family properties to the north by insignificant distances (10 feet compared to' the required 40 feet). Staff understands that the proposed tiki hut would provide needed shade for the pool area, but this would potentially be at the detriment of reducing views, light and airflow for the adjacent properties. 4753w Criterion "g" is not applicable to the subject request. Staff Report Memorandum No PZ-04-053 Page 4 Staff realizes through this analysis that the owner has limited options for this tiki hut. The proper placement of a structure is limited by the existing swimming pool layout on the property, the property's configuration at the easternmost portion, and the district requirements. However, where setbacks cannot be met, alternatives for providing shade without involving structural improvements must be Considered. RECOMMENDATION Based on the analysis contained herein, staff recommends that the request from Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback often (10) feet for a structure within a R-3 zoning district be denied for the following reasons: 1. Lack of traditional hardship, and specifically, that relief is not necessary to make possible the reasonnable use of the land; 2. The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed improvement); and 3. The proposed bathroom addition could be alternatively placed so as to maximize the setback and therefore minimize the magnitude of, or need for a setback variance. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - conditions of approval. MWR/MD S:\Plannlng\SHARED\WP\PRO.]ECTS\Marlners Way\ZNCV 04-O01\Staff Report. doc 4753x .8;, llSIHX~ ii I II ' / / AV~ SN:ININ¥~ d¥181 NOI.L¥O0"! ~iAY H16 '::mN 91,-O "I~N~O 'NOIN,kOEI ~,eej 9'I. ZZ; = 'u! 1. e. '~ The City of Boynton Beach ~~: DEVELOPMENT DEPARTIVlEHT .~I~[IL.. PLANNZf4G AND ZONZN(3 DXV~ON ~ 100 E. Boynton Beach Boulevard ~Bi~l P.O. Box ~ Bo~to~ Beach, i:]orlda 33425-0310 ~ TEL: ~6~.-742-62G0 , ~~~r. FAX: ~1-742-62~9 EXHIBIT "C October 29, 2003 Mr. Ken Hislop Mariners Way Homeowners Association Boynton Beach, Florida Re: Mariners Way Tlld Hut MMSP 03-0108 Dear Mr. Hislop: In response to your request dated October 21, 2003 for the administrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following: ' Installation of a Tiki Hut building (as depicted on the attached drawing). Please be informed that the proposed changes on the revised plan date stamped 10/22/03 are not -minor# as defined within the Land Development Regulations, Chapter 4- Site Plan Review. This project _~a7 not continue to be processed by the Building Division as a permit application. Be advised that the Proposed change requires a ~oning Code Varianca for the encroachment into the required side yard setback. That process involves Board and Commission action above and beyond staff interaction. The a_p.~l'ca~_t must also demonstrate-a hardship complying with the ~ u~ty s development regulations associated, with in the construction of your project. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, Ed Breese, Principal Planner Cc: Karen Main, Plan Review Analyst 4753aa "' EXHIBIT "D' 5. Statement of special co'h~litions, harashlps or r~om j~ingg_ dr~u~ed e~_~J~ or ~~, Respo~ ~ sk (6) que~io~ ~low (A-~ on a ~p~a_te sh~- not ~'~le to ~ 1~, ~ or b,~t~ in t~ s~ ~ ~_~t; We a~ phn~g ~ b~d a fi~ hut ~d baih~om in the pool ~ea for the s~ and ~nven~nce of hom~wne~. Tbe communiW ~mprh~ t~-~o ~w~o~, ~d the ~ol ~ s~ The~ ~ no s~de t~. Tbe 40' setback w~ h~nd~ for the ~adway ~d turna~d w~eh h ~n~uom ~ tbe pool The hom~ Mja~nt a~ s~le family. B. .Ihat the special conditions and circun~tance~ do not result from the c~ions of the appljc_~_ t. When Manatee Cove was constructed in 1986 Code did not require a bathroom at the pool Now, a varinnce is necessary for ns to bring it up to code mandated by Florida Building Code, Chapter 424.1.6.1. sec. exception. Also, the tiki hut is pLanned to provide shade for pool users since there are no shade trees there. Both structures benefit the health and welfnre of homeowners and guests. ..other land~ lmiMings or strmtures in the san~ zoning ~z~ Other applicants in the zoning district have, in fnct, received variances. Eight lnndowners in the Harbor Estates have been granted 10' rear setbacks. Two of these, lots #38 and 39, are contiguous to the pool area of Mnnntee Cove. Also, Mariners Village, which is across the canal in clem'view of our community, has both a fiki hut and bnthroom at the commnnity pool Our not providing a bathroom at the pool presents an inconvenience for homeowners; more importantly, it jeopardizes the health of pool users 0rloridn Building Code, Chapter 424.1.6.1). D. l'nat ~ interpretation ofthe provisions ofthis ctt~ternouldd~ri~ the apg!ic_.~nt Clearly, vnrLanees have been granted to Landowners in Harbor Estates to build strnetures which loom over our pool area. Also, Manatee Cove homeowners must leave the pool to use rest-rooms at home (a walk of up to 974 feet); 1VIariners VilLage homeowners, on the other hand, have the convenience of a restroom at the pool Protection from the sun~ not provided at Manatee Cove, .is afforded Mm'iners V'fllage in the form ora tiki hut similar to the one we would like to build. Such sun protection is essential protection for people of nH ages who use the pool F. 2hat the variance granted is the minimum variance thc~ will ~ pos~ble ~__~_~onq_b!e usq of the lan~ &S!._~_.~ or struclure; The position of the tiki hut provides shade in an area away from the pool itself- Considering the size and configuration of the pool area, road/turnaround, and the water pipes, there are no other places to ~tru. et. the bathroo _m. Thus, the variance requested is the minimum variance to provide a 10' rear set-Dac~t to construct the minimum structure alktwed, b_v the Ftorida Access Code. i.e g'~" ~/g'~,, This will be a umsex bathroom w~th hand,cap facditfes~ k~ will ~viate n health [~(z~i-f~r pool users. ~. ~q~at the granting of the variance will be in harmon~ ~vith the general intent and purpose of this c/~__~g~ and that s~h variar~. will not be in~qous to the area involved or otherwise de~rra~.al to the l~451ic welfare The bathroom and tiki hut are necessary..., fo~ the health.and safety of users of the pooL These structures conform to the intent of the chapter to mak~ the recreation area safe for people ming it whiIe protecting the environment; it does not interfere in any way with'the well-being of neighbors or any other members of the public. Also, the desi~ and color conform to that of the townhouses and will blend aesthetically. 4753bb EXHIBIT "E" Conditions of Approval project name: Mariner's Way File number: ZNCV 04-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTHJTIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILI~ING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None 4753cc ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Condifion~ of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:Wlanning~HARED\WPkPROJECTSWIarincrs Way~lqCV 044)01\COA.doc 4753dd S:\Plannlng\Plannlng Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mariner's Way APPLICANT'S AGENT: K.P.-Hislop APPLICANT'S ADDRESS: 744 Mariners Way Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning, Section 5.C,2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "b" ATTACHED HERETO. THIS MA'I'TER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the' applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land-Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other 4753cc DATED: S:~Ianning\SHARED\WP\PROJECTS\Marlners Way~ZNCV 04-001~DO.dOC City Clerk - om'e wouM spoil cond(,s' ocean VIeW But South Palm Beach says a car dealer can build ~'t. By TIM O'MEILIA Palm Bearh Post Staff Writer SOUTH PAI.M BEAC}I -- "Oceanfront living. No view." I)oesn't sound like much of an oppommity, but that's how resi- dents on lhe tipper floors cf hvo Soulh Pahn Beach condom nium buiktings will have to adve~ise. Car dealer Ed Naplelon's plaqs ~o do~nolisb a 1950s singleslo~ ranch home and replace it wilt~ a multimillion-dollar two-~;to?y Medile~ahean-slyle home have riled nearby condo dwellers who~e view of the Atlantic Ocean ~ill be blocked. '~Hlis will be an ocearfrorlt Imildin~ with no view," said Betty lloefl;cr, who lives on lhe floor of the Palmsea building, west (~ [2/~T See VIEW, aB L~. ') ,, ?;;:;O0-square-fbot home within code restrictions ~' VIFW finn ~B of Na )1 e ton's property. Di(, in part because of a ridge line, third-, fourth-and fiflh-stery residents of the 3500 Imilding facing east and some slories of the eight- story Palm.,~ea comlomini- hms will lose lheir view if Napleton's new home is bnilt. l)cspite protests by some residcnls in April and Ihis week, town Imihling officials and lt.e towr}'s Architectural Reviea, Commission ap- proved Napleton's plans. The plans meet the IownL, requirements allow- ing homes up 1o 36 feet high, I)uihliug official Jean Be- langer said. The town will i~ sue a permil once Naplelon obtain~ a permit frmn the Florida I Jcl)artment of Envi- ronmental l'roteclion, which must ~pprove any building east et' Ihe coastal constmc- lion lire. Na:~lelon's properly is one of only four single-family homes in Ill(' town, all next to one another on lhe ocean, lte said he bought the Sonlb Pahn Beach house in 2000 because "1 fi~und a home on tile ooyan.' Ills sister owns the house next door. "People have lived in peace and tranquilily in tiffs building for 43 years wilh an ocean view," said Paul Sil- vestri, manager of the 3500 building. 'lilt Napleton home will be 3 fi~et shorter than the 'Under Florida law, a Hew'is not guaranteed nor protected.' PAUL NICOLETTI Town attorney buihling cod~ alh)ws, and the 5,800-square-fi)et home will be slightly smaller than al- lowed. Architect Randy Stofft said Napleton will replace f;0-fimt Auslra!ian pines will] smaller palm trees, which will help the view of some residents. This may cause an eco- nomic impact because part of the ~lling feature is the view from the third story up," said Bill Giester, a board member in the 3500 condominium association. Town Attorney Paul Nicoletti said the town can't deny the plans. "Under Flor- ida law, a view is not guar- anteed nor protected. As a consequence, individual property fights outweigh someone's desire for a view." Silvestri is worried that Napleton's plans may prompt owners of the other single-story homes to build taller. 'q'here's no consider- ation for people who have lived here 2,5-30 years," he said. "Maybe the town is at fault for not limiting it to one story. Perhaps it's just bad planning." · tim_omeili ,aqi~pbpost. com DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-050 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION DESCRIPTION OF PROJECT February 25, 2004 Project Name/No.: Deliverance by Faith/NWSP 04-001. Property Owner: Deliverance by Faith Church, Inc. Applicant/Agent: Mr. Mike E. Sipula. Location: Land Use/Zoning: Lots 4 and 5 on the North side of Martin Luther King Boulevard approximately 400 feet east of Seacrest Boulevard. Local Retail Commercial / C-2. Type of Use: Church. Project Size: Site Area: 0.32 acres (14,008 square feet) Building Area: 3,090 square feet Tower and Trellis Area: 464 square feet Total Building Area: 3,554 square feet Lot Coverage: 25.37 % Adjacent Uses: (See Exhibit "A"- Location Map) North - Vacant property with a Medium Density Residential (MEDR) land use designation and zoned Single and Two Family Residential (R-2); South - East - West - Martin Luther King Boulevard Right-of-Way, farther south is a vacant property with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2); Vacant property with a Local Retail Commercial land'use designation and zoned Neighborhood Commercial (C-2); and Developed commercial property (Authentic Soul Food Restaurant) with a Local Retail Commercial land use designation and zoned Neighborhood Commercial (C-2). Site characteristics: The site is located within the Martin Luther King Boulevard Overlay Zone (MLKB). This overlay zone has been established to specifically gUide development along this corridor conSiStent with direction from the Visions 20/20 Redevelopment Plan and the Heart of Boynton Community Redevelopment Plan (See Exhibit'"D"). The Site is composed of two (2) lots totaling 0.32 acres. The site is cleared and is predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance on the site. 4753ff' Page 2 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 Proposal: The developer is proposing to construct a one (1) story, 3,090 square foot church, excluding a proposed tower and a trellis area totaling 464 square feet, to be located on a vacant 0.32-acre parcel. The proposed building height is 29 feet - 1 inch, which is below the 30-foot maximum allowed in the Martin Luther King Overlay Zone. The parking lot associated with the use is proposed to be located at the rear of the church building (See Exhibit "B" - Proposed Site Plan). Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage- Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. Driveways: The proposed project includes one (1) point of ingress / egress along Martin Luther King BOulevard. The proposed entrance would be comprised of a 10.5-foot wide ingress lane and 10.5-foot egress lane separated by a striped median in the center of the opening to direct vehicular traffic in and out of the subject property. Since the project is within the Community Redevelopment Agency boundaries, the minimum required backup distance for parking lot drive aisles is reduced from 27 feet to 24 feet in width, which the applicant has provided. The proposed on-site traffic circulation system includes one (1), two-way ddve aisle 21-feet in width. This ddve aisle is proposed to extend from the north and south property lines. Driveway circulation is proposed to the rear of building. Parking Facility: The parking spaces required for the proposed project have been tabulated based on the ratio of one (1) space per 100 square feet of gross floor area, which is required for churches (Places of assembly). A 3,090 square foot building would require a minimum of 31 spaces. However, since the Martin Luther King Boulevard Overlay zone provides a 50% reduction in the number of required parking spaces, the site plan proposes a total of 16 spaces for the proposed use, which includes one (1) handicap space. All parking spaces excluding the handicap space will be dimensioned at least nine (9) feet by eighteen feet (9' x 18'), and will include wheel stops. Landscaping: 4753gg The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 3,140 square feet or 22.4% of the total site. A 2.5-foot wide landscape buffer is proposed along the east and west property lines. This landscape buffer consists of 5 (five) Green Buttonwood trees along the west property line, three (3) Satin Leaf trees along the east property line and Red Tip Cocoplum shrubs to be planted at the base of the trees. Along the north property line a Page 4 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 proposed wall signs would comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 21. RECOMMENDATION: This project complies with all current code and Land Development Regulations. However, and most significantly, the project is not consistent with the Heart of Boynton Community Redevelopment Plan, which recommends the site of the proposed church be developed as part of a larger "gateway" activity node consisting of an integrated commercial/mixed-use development (See Exhibit "D"- Hearth of Boynton Plan Phase 1 MLK Boulevard Redevelopment Section). This recommendation is in accordance with Chapter 2, Zoning. Section. 3.A.7, which allows for adopted redevelopment plans to supercede zoning regulations where such plans: "includes policies which impose limitations or requirements on the use or development of property...which are more restrictive than those set forth in zoning regulations". Therefore, the Planning and Zoning Division recommends that this request for site plan approval be denied. If the proposed project is approved, staff recommends that the apprcval be subject to the conditions listed in exhibit "C", attached hereto. xc: Central File S:'~Plannlng~SHARED\WP\PROJECT,5~Falth by Dellverance'~NWSP 04-001\Staff Report.doc 4753ii Page 3 Deliverance by Faith Site Plan Review Staff Report Memorandum No. PZ 04-050 five (5) foot wide buffer is provided. Within this buffer, the applicant will provide the required six (6) foot masonry wall with Red Tip Cocoplum along the northern property line of the site to separate the church use from the adjacent.residential zoning district to the north. The foundation planting for the proposed building will include Pink Ixora, Wax Jasmine and Variegated Dwarf Schefflera enhanced with accent trees such as Bougainvillea and White Bird of Paradise. The development would be provided with the required amount of perimeter and intemal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and Site Regulations: The proposed building is designed as a one (1)-story church with a gable roof. The top of the gable would be 29 feet one (1) inch in height. The minimum building and site regulations in the C-2 zoning distdct require minimum setbacks as follows: 30-foot front setback; 15-foot side setback; and a 20-foot rear setback. However, the Martin Luther King Boulevard Oveday Zone requires separate building and site regulations, which encourage a reduction in the building setbacks to bdng the building closer to the street. This results in a minimum front setback of 3 feet and a maximum setback of 12 feet; a side setback ranging between 3 to 5 feet, and a maximum of 12 feet for corner lots. No dumpster enclosure is proposed since a trash reom has been provided to store small, portable containers in lieu of a dumpster. The proposed building setbacks will fully meet the Martin Luther King Boulevard Overlay Zone development standards. Additionally, building and site regulations will fully meet code when staff comments are incorporated into the permit drawings. Community Design Plan: The proposed one-story building will have a maximum height of 29 feet - 1 inch measured to the roof peak. The proposed building is a traditional design. It would have painted stucco facades the following three (3) colors: Lighting Bug (M.A.B. Paints 5059M), Canberra (M.A.B. Paints 5114Y) and Desert Spring (M.A.B. Paints 5626M). The accent color, which includes the cross in the proposed tower and the bottom of the proposed building wall, will be Babbling Brook (M.A.B. Paints 5624P). All trim fascia, will be painted in a semi-gloss white. The doors and windows including the frames will be white. The roof will be constructed of light gray asphalt shingles. There is no established architectural character within the area with which to compare the proposed project, however, the Head of Boynton Plan recommends a "Floribbean" architectural style, which represents a combination of an "Old Florida" and "Caribbean" influence. The proposed project does not exhibit the elements of the "Floribbean" style~ Metal roofs, dormers, steep pitched gabled and .hipped roofs, and exposed wood trusses are some of the elements the Head of Boynton Plan recommends for this redevelopment area of the city. Signage: 4753hh No project monument sign is proposed. Any future signage will require separate review and approval. However, the project proposes two (2) wall signs on the proposed tower. On the west and south fa~:ades of the proposed tower two (2) wall signs measuring 14 square feet are proposed depicting the church's name. A board measuring 12 square feet is proposed on the southeast fa(;ade describing the church service and related information. The 1 in. = 100.0 feet NI= 10TH AVF LOCATION MAP DELIVERANCE BY FAITH EXHIBIT "A" 4753jj EXHIBIT LOT 6, 9t.O~K I ']il l, '~m ~ C~M~O~ ZON~ :ill :', I:I': Ir:"' BI'T "i: EXHIBIT "B" LOT 6, BLOCK 1 LOCAL RE'rAIL COMMERCIAL (LRC 'LAND USE ~C2"m NEIGHBORHOOD COMMERCIAL IONING LOT 3, 8LOCK 1 LOlL R~L COMM[RC~L (LRC ~O USE "C2"m NE~HBORHOO0 COMMERCI~ ZONING 4753mm SITE PLAN REVIEW 'DELIVERANCE BY FAITH' CHURCH - OFF SITE PARKING LOTS 4 & 5, BLOCKI .lill'c° ii " ' '';j iili ii jJi :'~J , J'J iii ~ 4753na Bll ~ITE ,I~J,N II 'DELIVERANCE BY FAITH' CHURCH - OFF SITE PAFIKING LOTS4 & 5, BLOCKI ':j::i I'll- hi,: ' ' cji[ 'ltl !l:l !Jl ljil ~ J': Il: :iii:, I:,i :I: jl~Jj [ I II I :.j il Iii . , il, i ,itl.. ~ :!!1: i"!l[ Ii ¥ liB" ~l:i' ill EXHIBIT "B 4753pp 'DELIVERANCE BY FAITH' CHURCH - OFF SITE PAFII~NG ~ : - LOTS 4 & 5, BLOCK I ~,, ,.~ ~.*o~=. ,~. ~ a.us ~ W~B~ ~ffl~ TO BOY'ON BEACH. FL~DA ~ l~ilI aw ~ EXHIBIT "B" SITE I~l,.t~ Ik-VlL:W 'DELIVERANCE BY FAITH' CHURCH - OFF ~ITE PARKING LOTS 4 & 5, BLOCK I FRANK WEBBER ADDITION TO BOYNTON BEACH, FLORIDA IJjiil tj~ ' ~i~1 EXHIBIT "C" Conditions of Approval Project name: Dehverance by Faith File number: NWSP 04-001 Reference: 2nd review plans identified as a New Site Plan with a February 10, 2004 Planning & Zoning date DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (CODE, Section 26-16~b)). 2. The I.DR, Chapter 6, Article IV, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets thi.q condition. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. BUILDING DIVISION Co___._.~ents: 4753rr 4. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the l~rovisions of ASCE 7, Chat)ter 6, and Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 5. At time of permit review, submit signed and sealed working drawings of thc proposed construction. 6. On the drawing titled site plan, identify and label the symbol that represents the property line. 7. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily, available. 8. A water-use permit from SFWIVID is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 9. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article Il, Sections 26-34) 10. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 11. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. 12. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TKC process does not ensure that additional comments may not be generated by the commission and at permit review. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST 4753ss DEPARTMENTS INCLUDE REJECT Cozmnents: 13. No Irri~ation plan included in the submittal. PLANNING AND ZONING Comments: None. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be determined. S :kPlanningKSHARED\W-PYPROJECTSWaith by DeliveraneeXlqWSP 04-001 \COA2.doe 4753~ .EXHIBIT "D" 4753uu DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Deliverance by Faith APPLICANT'S AGENT: Michael E. Sipula - JMS Architectural Design Inc. APPLtCAN'I"S ADDRESS: 211 S. Federal Hwy #11 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Lot 4 & 5 Block 1 Frank Weber Addition DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton 'Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS . HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development' requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby . GRANTED subject to the conditions referenced in paragraph 3 hereof. .... DENIED o This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 4753w City Clerk S:\Planning\SHARED\WP\PROJECTS\Faith by Dellverance\NWSP 04-001\DO.doc VII. Director's Report Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includeS the testimony and evidence upon which the appeal is to be based. 4754 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO To: FrOm: Date: Subject: CRA Board Douglas Hutchinson March 9, 2004 CRA Activities Development Items: Group A Annual report- A Comprehensive Annual Report is beinn 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 KJmley-Horn. Their updates and project timeline are supplied for your review. 30% of drawings for Promenade and Riverwalk completed. Cost estimates for all aspects with time tables will be presented in March. DH · Way-Finding Signage Program- Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Final si.qn pictures, map location, and le.qends were sent out to the CRA board on Friday. Staff is requestin_~ ira)ut back on thc CRA siens by March 9th. 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) - Update from Lindsey and the Director. See a_~enda. · CBD Parking Acquisitions - Negotiations have been underway to acquire .future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive 4755 Redevelopment Master Plan for the Block is being completed by the private sector. The CRA is meeting with the involved parties to finish mapping out issues. Staff is targeting April for "letter of understanding" between the vadous parties. DH · Boynton Beach Blvd District Redevelopment Plan Update - Final update is bein.q compiled. Presentation will take place when additional study area from Seacrest to FEC is completed. DH Des{qn 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. RMPK Group presented the Des~qn Guidelines Overlays to the CRA Board at a workshop which was held on 2/19/0ul. The CRA Board decided to .qive their inp~It to the CRA Director, who will compile it into one document. The document will be qiven back to RMPK Group for their next revision. Museum Feasibility Study Team- The initial meetin.q will be set for March if the direction is to move forward at the March CRA Meetin.q. See A.qenda. DH · CRA Brochure and Web Site Development- The CRA Board approved the CRA LoRo and Web Site des~qn in February. Staff has instructed Jack of Arts to .qet three estimates for the initial purchase of letterhead, envelopes, and business cards. Jack of Arts is also .qoin.q forward with Web Site Development and setup. DH · Events - Wheels Weekend 2004 is a partnership amon,q the CRA, the City and the Chamber of Commerce. The event will continue its themes of the fifties style street dance with a kid's zone and live entertainment to be provided by the Blues Brothers Review. The Street dance will be held on April ~ from 6pm to llpm. AG The Herita.qe Festival: The Herita.qeFest celebration was an overall success. The Caribbean carnival held on Martin Luther Kin.q Jr. Blvd was successful in that the vendors, includin_c~ local businesses, did .very well. Attendees were pleased with the entertainment and the opportUnity to meet the di.qnitaries that represent not only our city but their homelands. Extremely cool weather had an adverse affect on the attendance, however, the event was free of any negative incidents and the feedback from the residents and businesses was of 4756 a==reciation and hope that events will continue in their ne~qhborhood. 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 Group C · Children Involvement Grant Program (April). 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 workin.q on estimates for th~ cost of addinq walls to separate conference area from open office. Estimate should be in by the second week of March · Grants Update Grace Fellowship Church, which is 100% completed, Boynton Boundless, U_C, which is 50% completed, Fred and Joe~ Automotive, Weiss Memo~fal Chapel, and St. Mark's Church Will start in the next 30 days. Bovnton Defray Academy ha~ rea=g)lied for the Fa;ade Grant, which is in front of the CRA Board this month. SV The Re(rions Development Grant Round VIII was advertised on January 25th and February I, 2004. We had 32 application~ picked up and two applications were returned for consideration by the CRA Board. Boynton Delray Academy will create five jobs and Tropical Flavors il will create two jobs. Staff will present completed application for ag)g)roval to thc CRA Board at the March 9~ meetin.q. SV 4757 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Presentation for moving forward with Museum Feasibility February 26, 2004 The CRA reviewed the attached SFVVMD comment letter on projects and project concepts which were part of the overall potential vision for the BBB, Promenade and Riverwalk Area. This SFWMD bdefing took place during a time when the Hall Property settlement was not finalized. The meeting was at the request of the SFW'MD. The SFWMD Staff had questions about all potential aspects of the area development including the CRA, City and the Related Group's Marina Village. As part of the informational gathering by the SFWMD, the museum concept for the area was questioned. No design, plan, or any documents as to exact location were given. Basic questions were addressed but no detailed response was given concerning any permitting issues. This limited information was based on two perspectives: First, there is no design or footprint and second, we could not speak to development potential or legal proceedings that were pending. Therefore, the SFVVMD's response was a predictable, No. The exact comment was that the first consideration is always to consider a different location when looking at the waterfront. The comment was not responded to by me or the engineers concerning possible mitigating designs, placement, etc. We wanted to make sure that the permits for the "base" project were the focus and not held up in any way. The SFWMD decisions are based on impacts of the proposed project on protected resources. The extent of the environmental impact issues are yet to be defined due to the fact that the museum size, design, visitation levels, etc. are not completed, These 4760 issues are what the feasibility study will look at. With the current completed detailed environmental surveys and SFWMD direction, we can now work on the exact extent of the impact on time, design and budgets. The scope of work for the Museum Feasibility Study evaluates the site and can recommend other sites. The Feasibility Study has many facets of which site location feasibility is one element. Only this study can tell the full story as to this Project's merit and feasibility. I recommend that we proceed with the study as contracted. 4761 ' O ~-~-Q~ l~o,, RIDA,WAT.ER ~f~.AGI~, DISTRICT n~uuq& uz.:~: r.~). DOXZ4680. W'l~tpalmBenc~. Fr. 33410.1(f,80 . w'ww.~,~,v CON 24-06 Environmental Resource Regulation February 20, 2004 Douglas Hutchinson, Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boyr.on BeaM, FL 33435 Subject: Proposed Boynton Beth Blvd. Extension and Future CRA Projects Dear Mr, Hutchinson: Thank you for aJiowtng District staff the opportunity to meet with you on January 7~ to discuss the Boynton Beach Boulevard extension and projects planned for the area. The purpose of this letter is to summarize the comments and feedback regarding these projects offered during that meeting and in subsequent discussions. Bovnton B~,,.oh Boulevard Ex'tension CAm~licatiQn No. 031201-17] District staff acknowledges the public safety concerns necessitating a cul-de-sac at the easterly terminus of Boynton Beach Boulevard. Staff requests a written analysis to support the verbally-discussed public safety need. Due to the high ecological value of the mangroves to be filled, staff suggests design modifications to minimize wetland {ml~)acts, including reducing the footprint of the cut-de-sac to the minimum necessary for emergency vehicle usage, eliminating the elements that are not required for vehicles (i.e., sidewalk anct landscape buffer), and Incorporating a retaining wall instead of a filled slope, District staff met with the City's consultant on January $0, 2004 to look at mitigation opportunities at the Boynton Boat Club Park and at Intracoastal Park. Although these sites do not offer mitigation opportunities appropriate to offset the anticipated wetland impacts, staff provided suggestions for suitable mitigation altemativee, including creation of an equivalent acreage of similar mangrove forest and enhancement and/or preservation of additional mangroves, Staff will continue to work with the City and CRA to evaluate all wetland mitigation options. PrOmenade (Future,CRA Proera .m Element} ~taff concurs that a walkway could be developed that would provkle safe peo~estrian access to the iCWW while avoiding encroachment into adjacent Ha~ Il. Thumlmm Tmdi ~. Wllliam~, wetlands. Staff recommends designing the width and location of the proposed walkway to fit within the existing uplands. Elovnton Commons Doak F~_e!lltv {Future CRA Element) Staff recommends designing the planned docking facility along the ICWW to avoid impacts to adjacent mangroves and seagrasses, and to avoid the necessity of dredging an access channel. Issues that may a/ac need to be addressed during perr~_~_ng Include manatee protection and state lands authorization. Riverwalk (Futura CRA Eleme~nt_) This element of the CRA plan provides an opportunity to Improve pedestrian views of the ICWW and to protect the mangrove shoreline. Design of the RJverwalk should avoid encroachment into mangroves and/or shading and disturbance of seagrasses. Staff suggests including a dprap crib structure beneath the decking as a wavebreak to protect the shoreline, Museum (Potential Futura CRA ~__b_memt Staff re(x)mmands kx:ating the museum at an alternative upland location. Situating such a facility in the mangrove wetlands or in the ICWW would not meet Environmental Resource perm. iffing criteria. District staff ~mencls the City on the acquisition and preservation of an ecologically sensitive mangrove forest. We hope that the comments outlined above provide helpful guidance in planning pedestrian access to the ICWW while also protecting this valuable natural resource, District staff encourages and welcomes the opportunity to offer feedback and suggestions in planning this and other future projects involving wetland resources. Plesse do not hesitate to contact me at (561) 682-6951 or Barbara Coflmy at (561) 6826937 should you wish to discuss these Projects further. Sincerely, Robert Robbins, Director Natural Resource Management Division South Florida Water Management District RPJec/bc C; DaJe Sugarman (A~at. City Manger), William Cary (Kimley-Hom), Ken Huntington (US Army COE-WPB), Richard Walesky (PB Co. ERM), Jonathan T, Ricketts M~R-08-2~ 11: 56 ~=WMD 156168~gG P. 01~0~ ,,SOLrTH FLORIDA WATER MkNAG~I~_NT DISTRICT 3~01 Ooun Club Road, West Palm Beach, Florkia ~406 * (~61) 686.8~6 · FL WATS 14~)-432.204~ · TDD (~1) Mailin~A~drm~ 1~,O. 8o~246~0, W~'~tl~lmB~...h,l~33416.4680 . ww~wmd.gov ENVIRONMENTAL RESOURCE RE_GUI-ATION_~ FAX COVER SHEET DATE· %[~(b~,, FAX NU "' -- , , __ · - MBER: ~t. -~'~ - ~ NUMBER OF PAGES: "~ · (INCLUDING THIS ~-OvER SHEET) TO: ~ PHONE NUMBER: ~[ - ~-- ~~ SUBJECT: ~ -.~ ~~. .~ ~ ., -- ~', ._ Environmental Re,soume Regulation Divisi°n Fax Number (561) 882-689~ Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal AGREEMENT FOR SERVICES REDEVELOPMENT AGENCY BOYNTON BEACH COMMUNITY THIS IS AN AGREEMENT is made effective as of 2003 between Boynton Beach Community Redevelopment Agency (hereinafter "CLIENT") and Baker Leisure Group LLC (hereinafter "BLG") located at 5401 Kirkman Road, Suite 610, Orlando, FL 32819. 1. SCOPE OF SERVICES BLG shall provide the Scope of Services identified at Attachment A with respect to the feasibility study for the Savage Creatures of the Ancient Seas Museum. 2. COMPENSATION BLG shall submit invoices to the Client using the fee schedule at Attachment B. Payment shall be made within 30 calendar days. Any special compensation provisions shall be set forth in Attachment B. 3. TERM AND SCHEDULE The term of this Agreement and schedule for performance shall Attachment C. be as set forth at 4. TERMINATION Client may terminate this Agreement without cause upon 15 calendar days upon written notice to BLG. Upon this occurrence, Client shall pay BLG all necessary and reasonable costs incurred and amounts owed through the date of termination. 5. SUSPENSION OF SERVICES Client may suspend performance of services hereunder at any time by written notice to BLG. Any such suspension shall extend the Agreement completion date commensurately. Client shall pay BLG ail necessary and reasonable costs incurred by BLG directly attributable to the suspension. 6. DELAYS BLG shall not be responsible for damages or delays in performance caused by Acts of God, sovereign acts and/or omissions of national, federal, state, provincial and local governmental authorities and regulatory agencies or other events which are beyond the reasonable control of BLG and that 'could not have been reasonably foreseen, prevented and/or mitigated by BLG. 7. ASSIGNMENTS AND SUBCONTRACTS Neither party shall assign, subcontract, or othenNise transfer its rights or obligations hereunder. . . 4762 The Baker Leisure Group Team December 2003 Page 1 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal 8, COMPLIANCE WITH LAWS BLG shall, to the extent applicable in connection with the rendering of its professional services, be responsible for compliance with all applicable provisions of national, federal, state and local equal employment opportunity laws, rules and regulations and with all other applicable laws, rules, regulations and orders including, without limitation, national, federal, state, provincial and local occupational safety, health and environmental requirements. 9, PROFESSIONAL RESPONSIBILITY BLG shall perform within the limits prescribed by the Scope of Services in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time services are performed. No other representations to the Client expressed or implied and no warranties or guarantees are included or intended in this Agreement or in any report, opinion, and document or otherwise. 10. PERMITS AND APPROVALS ~ Each party shall secure, at its sole cost, all necessary approvals, permits, licenses and consents necessary for it to be properly qualified to perform its services hereunder. 11. LIABILITY AND INDEMNITY As an independent contractor, BLG shall accordance with the following conditions: be responsible for its own operations in BLG agrees to indemnify, hold harmless and defend Client from and against all loss, injury, damage and legal liability including attorneys' fees and other costs of defense or settlement to the extent caused by any negligent act, error or omission of, or the willful misconduct of BLG, its employees, agents, representatives, subcontractors or suppliers. BLG assumes all liability for workers' compensation and employer's liability coverage for its own employees. 12. OWNERSHIP OF MATERIALS AND DOCUMENTS BLG agrees that all documents prepared by BLG in the course of its performance shall become the property of Client upon payment for services rendered. 13. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Client and BLG and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by the written agreement of the Parties. 4763 Nothing in this Agreement shall be construed to provide any rights or benefits to anyone The Baker Leisure Group Team December 2003 Page 2 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal other than the Parties and all duties and responsibilities undertaken pursuant to this Agreement will be for their sole benefit. 15. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and the BLG shall survive the completion of services hereunder and the termination of this Agreement. i6. SEVERABILITY If any one or more of the provisions of this Agreement, for any reason, are held to be invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. WAIVER The provisions of this Agreement shall not be waived by either party unless such waiver is in writing and signed by the parties. 18. NOTICE All notices or other communication provided for herein shall be given in writing by courier service and by fax-to the addresses/fax numbers of the parties set forth as follows: If to BLG: Baker Leisure Group LLC Attention: Steve Baker, President 5401 Kirkman Road, Suite 610 Orlando, Florida 32819 Phone: 407.351.0425 Fax: 407.363.0716 If to Client: Boynton Beach CRA by Executive Director 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Phone: 561.737.3256 Fax: 561.737.3258 19. INSURANCE During the term of this agreement, BLG shall maintain the following insUrance coverage with limits no less that the amounts indicated: 4764 a. Comprehensive automobile liability insurance with minimum combined single The Baker Leisure Group Team December 2003 Page 3 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal limits of one million dollars for each occurrence, bodily injury (including death) and property damage, including endorsements providing non-ownership and hired automobile liability coverage. b. Workers compensation and employers liability insurance for statutory limits for all employees of BLG. c. All risk property insurance covering all property of BLG and all property of others for which BLG is legally responsible. d. General liability with minimum combined single limits of at least one million dollars for eaCh occurrence, bodily injury (including death) and property damage, two million dollars general aggregate. e. Excess liability in the amount of two million dollars each occurrence, two million dollars aggregate. Boynton Beach CRA will be listed as additional insured on the Certificate of Insurance. 20, SIGNATURES Unless otherwise specified in this Agreement, the following signatures are the authorized representatives and each party may rely upon the decisions and information of such party in the performance of this Agreement. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. Baker Leisure Group by President Date Boynton Beach CRA by Chairman Date 4765 The Baker Leisure Group Team December 2003 Page 4 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal ATTACHMENT A PROPOSED SCOPE OF SERVICES - SAVAGE CREATURES OF THE ANCIENT SEAS Baker Leisure Group has assembled a strong development team to answer the question: "Is the Savage Creatures of the Ancient Seas the right project at the right place at the right time ?" The proposed project is considered a catalyst for the redevelopment of Boynton Beach and will blend entertainment and educational elements that are related to the timeline of nautical experiences, through both man made and natural elements. The development team includes teams specializing in financial and market analysis, architectural design, creative development, cost assessment, fabrication, authentication, and non-for-profit organization and development for fund procurement. In this initial phase, the Baker Leisure Group team has assembled the team to conduct an assessment of the current work product as completed by the Community Redevelopment Agency. Each team member will utilize their expertise to determine the feasibleness of the project and, where applicable, make suggestions and recommendations that strengthen the proposed project. The following section presents the scope of work per each team as applicable to the phase one process. It is separated by team member. It is important to stress that although each team member will be conducting independent exercises, they will also be conducted in tandem with all teams to insure that information gleaned from each team member will be incorporated within the progress of the project as a whole. BAKER LEISURE GROUP Task One: Orientation & Work Session The BLG study team will meet with the Boynton Beach CRA team to: · Confirm study goals and review the project concept · Establish dates for future work sessions and presentations · Review the work program and refine · Identify the contacts to be utilized by the study team · Obtain copies of documents, which are relevant to the project 4766 The Baker Leisure Group Team December 2003 Page 5 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal In addition, within Task One, the study team will spend approximately 3 business days in the market area conducting a series of interviews with Iooal business officials, private and public, including: 1.) 3.) 4.) 5.) 6.) 7.) Area Tourism Leaders, specifically the visitor's bureau (or the equivalent thereof) Local Attraction Officials, specifically attractions that cater to the visitors exclusively, attractions that appeal to the local population, and attractions that appeal to both Convention center officials (or the equivalent thereof) Local hotel group (Future) attraction developers (i.e. theme park developers, etc.) Local economic development/business development office Other business community leaders and local officials that would provide insight Task Two: Demographic Assessment In this task, BLG will review relevant demographic and economic data relating to the Boynton Beach market area. The assessment is segregated to the residential and the visitor market, as well as general environmental characteristics. Specific to the residential market, BLG will evaluate: · Total population and growth · Household income · Age segmentation · Lifestyle trends · Leisure habits of the residential population Within the visitor market, BLG will evaluate: · Total number of visitors · Purpose of visit · Length of stay · Origin of visits · Seasonality · All other characteristics relevant to the visitor market In addition, because there is an educational component to the proposed project, BLG will identify the school educational market as a potential market for the project. 4767 The Baker Leisure Group Team December 2003 Page 6 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Three: Educational/Entertainment Industry Re view In Task Three, BLG will evaluate the educational/entertainment industry in terms of: · Overall operations · Trends · Market support structures, capture rates · Per capita spending Task Four: Competitive Analysis BLG will research the number, quality, and location of visitor attractions in the market area, both existing and known-planned. The research of the market area attraction portfolio will help in understanding its impact on r future performance of a proposed development. Competitive visitor attractions, as applicable, will be evaluated based on publicly available data in terms of its: · Location relative to the proposed site · Attendance levels and mix (if available) · Quality of attraction and types of amenities · Pricing, per capita spending · Investment level (if available) At the conclusion of Task Four, BLG will develop a SWOT analysis (strengths, weaknesses, opportunities, and threats) and other general factors within the marketplace that will assist in determining the market support structure. BLG will deliver to the Boynton Beach CRA as well as all team members a market summary report, SWOT analysis summary, and recommendations. This report will serve as the basis for product and concept development, as well as site review and financial analysis. Task Five: Site Evaluation A site visit will be completed. BLG will review information such as visibility, accessibility, and general characteristics of the subject site. BLG will observe general characteristics of the adjacent uses and the surrounding area. At the conclusion, BLG will have a greater understanding of the advantages and limitations of the subject site. Task Six: Estimated Attendance Based upon the industry and market study findings, assessment of competitive projects, and analysis of other similar projects, BLG will estimate conceptual-level attendance for the proposed project. Attendance will be given in a range that will apply to future financial estimates and performance. 4768 The Baker Leisure Group Team December 2003 Page 7 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Seven: Economic and Performance Parameters Overall operating revenues for the proposed development will be estimated based upon per capita spending estimates and attendance estimates. Per capita spending estimates will be based upon an assessment of per capita spending in other comparable facilities, and an analysis of visitor spending at other local visitor attractions within the marketplace. The per capita spending will consider all potential profit centers including, but not limited to, admission, merchandise, food and beverage, and other. Attendance and per capita spending will be estimated for a period of five years. It will be utilized to determine operating revenues. Operating costs will also be determined for the development of an operating pro forma. The pro forma will include, but is not limited to: all estimated operating expenses and capital exPenditures. The pro forma will be utilized to determine a warranted investment of the overall facility. The warranted investment is defined as the total investment that can be justified given operating cash flow. Within this task, BLG will engage the Conway Company in regards to recommended financial strategies based on their experience with similar projects from a non-for-profit perspective. This will include recommendations in regards to corporate and operations structure, as well as the foundation structure. JBP ENTERTAINMENT GROUP Working with the research provided by the Baker Leisure Group, The JBP Entertainment Group will provide an objective review on the current "Savage Creatures of the Ancient Seas" concept, including: · Creative content · Appropriateness of content · Show elements · Audience expectations · Overall guest experience The JBP Entertainment Group will also provide recommendations regarding the viability and soundness of the current creative package, as well as considerations on how to proceed. 4769 The Baker Leisure Group Team December 2003 Page 8 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal CURRIE PARTNERSHIP Based on our conversations, and understanding of the project, we will include services as needed but not limited to the following: Review report dated March 3, 2003, titled Savage Creatures of Ancient Seas as prepared by the Boynton Beach Community Redevelopment Agency. Meet with CRA staff to discuss program requirements in further detail to base our needs assessment. Evaluate appropriateness of program spaces. Prepare conceptual alternate plans and elevations of proposed program to assist in the review of construction budget. Perform code review for establishment of circulation requirements, elevators, ADA compliance, plumbing requirements, etc. Coordinate with City departments for site plan approval requirements 'and permitting agency to insure compliance with local codes. Attend up to two visits to Baker Leisure Group office in Orlando. Act as local liaison during coordination meetings with CRA and attend meetings. Coordinate/assist team members as needed. Whatever else you need as long as it is reasonable. EDSA EDSA will review the feasibility of the proposed project concept pertaining to site planning, site development and integration into the existing urban context of its location. Services include: Task One: Site Reconnaissance EDSA will visit the site and surrounding environs to be familiar with existing conditions; opportunities and constraints of the site; linkages and connectivity, etc. Task Two: Land Use Regulations and Zoning EDSA will review the City of Boynton Beach's land use regulations, site development ordinances and zoning to understand development requirements, suitability, and required governmental approvals pertaining to site planning and land use. Current versions of development ordinances, land use regulations and zoning information will be provided by the City for EDSA's review and recommendations. 4770 The Baker Leisure Group Team December 2003 Page 9 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal Task Three: Concept Site Plan Review EDSA will review the Concept Site Plan in terms of its feasibility. EDSA, in conjunction with ATM Engineers, will review the site and available data provided by the City as follows: · Size · Topography and slope · Hydrology and drainage (byATM) · Vegetation (byATM) · Environmental conditions (byATM) · Utilities · Circulation and related infrastructure · Archaeological/cultural conditions (byATM) Task Four: Planning Report EDSA will prepare a report containing a brief overview of the process, analysis of the site and land use regulations and zoning, overview of physical aspects of the site and review and recommendation of the proposed project site plan. Task Five: Coordination EDSA will coordinate its services with the design team, particularly with ATM Engineers and Cumming McGillivray Cost Estimators. APPLIED TECHNOLOGY & MANAGEMENT The proposed scope of services is to prepare and complete a feasibility study for shoreline management and environmental permitting for the referenced project. Total shoreline frontage is approximately 600 ft. along the Intracoastal Waterway, in an area where bank erosion has historically been a problem, the structUre is "non-water dependent," and is sited in the mangroves. All of these conditions create challenges that should be addressed in these early phases of the project. The Florida Department of Environmental Protection (DEP), South Florida Water Management District (SFVVMD), U.S. Army Corps of Engineers (USACE), Palm Beach County Department of Environmental Resources Management, and the City of Boynton Beach will be the primary permitting agencies and will be contacted as part of this feasibility study. The feasibility study will utilize existing data to the extent practical and will be closely coordinated with the City of Boynton Beach Community Redevelopment Agency (CRA). 4771 The Baker Leisure Group Team December 2003 10 Boynton Beach Community Redevelopment Agency FeasibiJity Assessment Proposal Each of the tasks are described below. Task One: Review of Existing Literature, Reports and Data This task involves the search and cursory review of such documents as City plans, existing permits, Mangrove Park boundary surveys, environmental surveYs or studies, current or tidal data, ICW boundary information, historical aerials, historical shoreline data/surveys and other pertinent background information about the surrounding area and its history; Task Two: Acquisition of Site Data This task focuses on the specific site and its present condition. Recent aerials will be needed, along with existing boundary surveys, easements, and other encumbrances. Any other site data such as seagrass surveys, bathymetry, topography, wetland delineations, wildlife surveys, etc. will be compiled and summarized. Task Three: Environmental Resources Evaluation Feasibility-level effort studies under this task will not involve an underwater seagrass survey or completion of an upland vegetation survey; however, literature reviews and a brief site visit will be included as part of this task. Comments will be made relative to this level of environmental assessment. Task Four: Meeting with Agencies Meetings and/or telephone calls with DEP, SFWMD, USACE, City of Boynton Beach, CRA, and Palm Beach County will be conducted to gather input on the feasibility of this project concept in this location. Input from these meetings/calls will only be as good as the concept development at the time of the meeting/call. Task Five: Shoreline Management A concept for the structure, or even the size of the waterfront portion of the structure, has not been developed at this point. It may be possible to discuss some design concepts/alternatives that will be acceptable in terms of shoreline erosion and management of resources at this point. This task will cover an informed discussion of these topics given the data gathered in Tasks 1 through 3. CUMMING MCGILLIVRAY It is envisaged that CMLLC's initial involvement will be to review the construction cost information in the feasibility study in conjunction with the program information and architects conceptual design. 4772 The Baker Leisure Group Team December 2003 11 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal An updated "Order of Magnitude" estimate will then be prepared to check the feasibility study for validity. CMLLC will consult with the other team members to ensure the revised construction cost includes all relevant items, such as ovedin water support structure. Increased structural requirements for the facility to, "hang 60 foot moving animated figures", 4-D effects, 3-D film, interactive exhibits, etc. in order to produce a world class facility within the anticipated target budget. 4773 The Baker Leisure Group Team December 2003 12 Boynton Beach Community Redevelopment Agency Feasibility Assessment Proposal ATTACHMENT B For the services described in the Proposed Scope of Services, BLG shall be paid a total fee of $50,000, which will not include expenses, to be paid as follows: · Upon execution of Agreement - $10,000 (Ten Thousand and 00/100 dollars) paid in full upon contract signature · Upon delivery of draft report - $30,000 (Thirty Thousand and 00/100 dollars) · Upon delivery of final report - $10,000 (Ten Thousand and 00/100 dollars) Expenses shall not exceed $5,000 (Five Thousand and 00/100 dollars). ATTACHMENT C Time Requirements BLG anticipates that it can complete the overall study within eight to ten weeks from initial kick-off meeting and hand off of all information to BLG from the CLIENT.' Travel Requirements To be determined 4774 The Baker Leisure Group Team 13 December 2003 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Boynton Beach Boulevard Extension, Promenade and Riverwalk Design and Probable Project Cost Date: March 1, 2004 The CRA Director, Jonathan Ricketts and Dennis Haynes have worked all week to go over the Boynton Beach Boulevard Project which included a major design change for the Promenade construction cross section design that saved about $3,000,000. The resulting project is actually better as it impacts less environmental resources. However, with 100% drawings on the BBB Extension, 30% completed on the Promenade and 30% on the Riverwalk, the cost (excluding additional land costs) is estimated approximately $18,301,970 or roughly twice the initial concepts (this was a preliminary cost estimate performed prior to start of design). The team recommends the project be adjusted by focusing on two elements of the three and to complete them in a manner that they "stand alone" in finish quality. This recommendation includes phasing the Riverwalk construction to a later time. However, the team strongly suggests that.the Riverwalk be permitted at this time. The permitting will clear the way for future construction. The Riverwalk would be reviewed in two or three years for potential second level debt funding, grants and underwriting along side the proposed museum. The team recommends that every effort be made to include "Art ItemS." The Gateway elements are not included in the revised $7,237,366 budget (this includes $1,000,000 for land), however, it is felt that the project has potential funds in contingencies and other miscellaneous items that could cover the 2 sets (BBB and Fed. and BBB Ext. at 4775 Promenade) of Gateway features costing an estimated $295,000 per set. The next major public element to be considered is the public art at either end of the Promenade. The center piece art has a budget of $1,500,000 which we propose as being underwritten from grants and private donations. Other "Public" art would be added as donors are secured and a system for selection and review is created. The Promenade project does feature public restrooms, an information kiosk, EMS equipment storage and a police center (total building size 600 to 800 sq. ff.) at the entry. A "Day Deck" for fishing, boat drop-off and pick-up and water linkage is proposed at the Intracoastal. These are key elements to the function of the project as an area for events, security and public enjoyment. The project cost backup is presented as two columns; one with the entire project and the other with team recommendations. Please note that the CRA has paid approximately $384,000 toward the project to date, therefore, the balance to be spent reflects these draws; i.e. $7,237,366 total cost - $384,000 paid to date = $6,853,366 plus projected additional land cost of $1,000,000 plus construction management of $200,000 for a project total of $8,053,366 for the team's alternative proposal and $18,301,920 total cost - $384,000 paid to date = $17,445,088 plus $1,000,000 for land and $295~000 for construction management for a total cost of $18,740,088. The team does not need exact approvals but a direction to proceed. 4776 From: To: Project: Cap Sheet Updated Through March 1, 2004 Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And. Riverwalk Cap Sheet Of All Costs Engineer: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drh/e West Palm Beach, FI. 334070 Plans: Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item De_ecHptlon. Amount Sub~c,[al Taai~ Recommendation Re-Lax Inn Site Improvements $ 104,752.00 RE-LAX INN SITE IMPROVEMENTS SUBTOTAl $ 104,752.00 $ 104,762.00 Boynton Beach Blvd. Extension Contract Proposal Boynton Beach Blvd. Wetland Mitigation Estimate Boynton Beach Blvd. Extension Architectural Features (Add Alt.) Boynton Beach Blvd. Undergroundlng of FPL Utilities (Add Alt.) ..B. OYNTON BEACH BLVD EXTENSION SUBTOTAl $3,028,076.45 $2,988,076.45 $ 400,000.00 $200,000.00 $1,057,000.00 $0.00 $ 550,000.00 $550,000.00 $ 5,035,076.45 $3,738,076.45 4777 Cap Sheet 1: of 2'- Promenade Initial Opinion of Probable Cost Promenade Wetland Mitigation Estimate Promenade Architectural Features (Add Alt.) Promenade Undergrounding of FPL Utilities (Add Alt.) PROMENADE SUBTOTAL $1,402,538.35 $ $3,691,000.00 $ 375,000.00 $ 5,468,538.35 $1,402,538.35 $0.00 $1,317,000.00 $375,000.00 $3,094,838.35 Rlverwalk Initial Opinion of Probable Cost Rlverwalk Wetland Mitigation Estimate RIv®rwalk Architectural Features (Add Alt.) RIVERWALK SUBTOTAL $6,496,603.85 $ 200,000.00 $ 997,000.00 $ 7,693,603.85 $300,000.00 $0.00 $0.00 $300,000.00 TOTAL OPINION OF PROBABLE COST Currently Approved Contract and Work Authorizations t00% Design/Permitting for Blvd Extension 30% Design/Permitting for Promenade 30% Design/Permitting for Rlverwalk Re-Lax Inn Site Improvements Paid to Date Grand Total of Remaining Balance to be paid I -$855,882.00 -$468,050.00 -$142,040.00 -$142,040.00 -$104,752.00 $384,796.70 $472,085.30 $ 18,30t,970.65 $7,237,366.80 GRAND TOTAL REMAINING FOR APPROVAL $ 17,445,088.65 4778 Cap Sheet 2 of 2 Boynton Beach Blvd Extension Contract Proposal Updated through March l, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa)c (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fa,,c 737 - 3258 Project: Engineer: C.R.A, Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase I Boyonton Beach Blvd Extension From Federal Highway To Cul De Sac/Promenade Entry K:imley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: Sheets 1,2.1, 3.1, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 6.1, 8.2, 6.3, 6.4, 6.5, 8.6, 7.1, 7.2, 7.3, 7.4, 7.5, 8.1 Dated 02/09/04 Sheets 9.1, 9.2, 10.1, 10.2, 11.1, 11.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 13.3, 13.4, 14.'1, 14.2, 14.3, 15.1, 15.2, 15.3, 16.1, 16.2, 16.3, 17.1, 17.2, 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8 Dated 02/06/04 Geotachnlcal Engineering Servfces Report ByTiera, Dated Nov. 20, 2003 Item DeecHptlon Quantity Unit Price Amount Team Recommendation Mobilization/General Conditions 1 Total Includes All Of The Following; Move-In, Move-Out Layout & As-Built Drawings Supervision & Project Manager Standard Insurance Overhead Design/Build Insurance Field Office Construction Water Performance & Payment Bond Testing Costs Job Toilet Aerial Progress Phtos Small Tools ILS ILS ILS 1 LS ILS 1 LS ILS 1 LS ILS ILS 1 LS 1 LS 1 LS $ 300,150.00 $300,t50.00 $300,150.00 $ 300,150.00 4779 Boynton Beach Bird Ext Sheet 1 of 5 Maintenance of Traffic 1 Maintenance Of Traffic 1 LS $ 36,120.00 36,120.00 $36,120,00 36,120.00 10,100.00 $10,100.00 10,100.00 136,316.00 $136,316.00 Clearing and Grubbing Site Clearing Grubbing And Disposal 1 LS $ 10,100.00 Grading Staked Silt Fence Ex£avate & Re-use Overburden Excavate Organics & Dispose Roadway Fill/Compaction Roadway Grading Excavate/Grade Landscaping Areas Fine Grading/Final Dressing/Cleanup 1 LS $ 4,625.00 4200 CY $ 4.45 5300 CY $ 4.40 9760 TCY $ 7.35 1 LS $ 5,880.00 1 LS $ 3,340.00 1 LS $ 8,725.00 4,825.00 18,690.00 23,320.00 71,736.00 5,880.00 3,340.00 8,725.00 Storm Drainage P-9 Curblnlet 9 EA $ 2,300.00 C Catch Basin 3 EA $ 2,220.00 Valley Gutter Inlet 2 EA $ 2,300.00 Manhole 2 EA $ 2,220.00 Core F.x~sting Structure ' 2 EA $ 1,680.00 New Top On F.~ist. SLX-SD-l, SD-11 2 EA $ 1,200.00 Exist MH Adjustments 13 EA $ 775.00 French Drain 315 LF $ 110.00 15" HDPE 436 LF $ 55.00 $ 110,865.00 $110,865.00 20,700'.00 6,660.00 4,600.00 4,440.00 3,360.00 2,400.00 10,075.00 34,650.00 23,980.00 Subgrade & Base & Asphalt 4" Limerock Base 4075 SY $ 8.55 8" Llmerock Base 4945 SY $ 11.30 12" Stabilized Subgrade 5530 SY $ 4.75 Asphalt 314 TON $ 70.50 $ 139,124.25 $~139,t24.25 $ 34,841.25 $ 55,878.50 $ 26,267.5O $ 22,137.00 Concrete Work Type "F" Curb & Gutter/Valley Gutter 2224 LF $ 14.00 Type "D" Curb 1620 LF $ 14.00 12" Elliptical Header 578 LF $ 20.00 12" x 6" Footer at Coping 2612 LF $ 20.00 6" Band Curb at Walk 1990 LF . $ 20.00 Handicap Ramps W/Tactile Warning Surfac 1 LS $ 10,500.00 Caulk Joints 1 LS $ 7,600.00 Concrete Pad 280 SF $ 3.50 $ 176,496.00 $176,496.00 31,136.00 22,680.00 11,560.00 52,240.00 39,800.00 10,500.00 7,600.00 980.00 Surface Treatment Precast Roadway Pavers 16221 SF $ 6.00 Roadway Paver Modifications (U.S.1) 1 LS $ 70,000.00 Precast Sidewalk Pavers 36651 SF $ 4.85 $ 345,083.35 $345,083.35 $ 97,326.00 $ 70,000.00 $ 177,757.35 4780 Boynton Beach Blvd Ext Sheet 2 of 5" Hardscapa Tree Pits Cylindrical Planter Edging Seat Walls 6' Pracast Screen Walls Retaining Walls Handrail 40EA $ 125.00 0 LF $ 225.00 420 LF $ 300.00 240 LF $ 300.00 250 LF $ 180.00 250 LF $ 250.00 305,500.00 $305,500.00 5,000.00 126,000.00 72,000.00 40,000.00 62,500.00 Furnishings Socrates Bench (Incl. Conc. Pad) Socrates Cube Benches (Incl. Conc. Pad) Litter Bin (Includes Conc. Pad) Remove. able Bollards Lighted Bollards Modular Bench (Includes Conc. Pad) Persldlo Bench (lncl. Conc. Pad) 7 Ea $ 2,060.00 12 Ea $ 850.00 7Ea $ 1,435.00 2Ea $ 1,500.00 9 Ea $ 895.00 4 Ea $ 1,735.00 2 Ea $ 3,340.00 $ 59,340.00 $ 59,340.00 $ 14,420.00 $14,420.00 $ 10,200.00 $10,200.00 $ 10,045.00 $10,045.00 $ 3,000.00 $3,000.00 $ 8,055.00 $8,055.00 $ 6,940.00 $6,940.00 $ 6,680.00 $8,680.00 Electrical & Street Lighting Street Lighting Pole #1 (25'Ht.) 12 Ea $ 4,550.00 Street Lighting Pole ~2 (13' Ht.) 7 Ea $ 4,250.00 Upltghting 100 Ea $ 800.00 Sculpture Lighting 24 Ea $ 800.00 Vendor Power Outlets 15 Ea $ 850.00 Electrical Ser~ce Points 3 Ea $ 13,500.00 Conduit, Wiring, Pull Boxes 1 LS $121,500.00 Lighted Bollards 5 EA $ 1,500.00 $ 385,800.00 $365,800.00 $ 54,600.00 $54,600.00 $ 29,750.00 $29,750.00 $ 80,000.00 $80,000.00 $ 19,200.00 $19,200.00 $ 12,750.00 $12,750.00 $ 40,500.00 $40,500.00 $ 121,500.00 $121,500.00 $ 7,500.00 $7,500.00 Landacaplng Sweet Acacia 4 Ea $ 400.00 Gumbo Limbo Trees 8 Ea $ 750.00 Llgnum Vitae 10 Ea $ 750.00 Jat~opha 15 Ea $ 600.00 Wild Tamarind 7 Ea $ 725.00 Live OakTrees 34 Ea $ 550.00 Maghogeny 19 Ea $ 600.00 Veltchla Palm Trees 60 Ea $ 350.00 MedJool Date Palm Trees 7 Ea $ 4,500.00 Florida Royal Palm 19 Ea $ 2,500.00 7-Gal. Plants/Shrubs 52 Ea $ 15.00 3-Gal. Plants/Shrubs 3485 Ea $ 10.50 1-Gal. Plants/Ground Cover/Flowering Plant., 2000 Ea $ 7.00 Relocate/Transplant Ex, sting Sabals 17 Ea $ 175.00 Sod 5000 SF $ 0.40 Root Barrier 1450 LF $ 11.00 Planting Soil 750 CY $ 30.00 Mulch 100 CY $ 30.00 Fertilizer 1 LS $ 2,000.00 Tree Bracing ILS $ 5,000.00 $ 264,072.50 $264,072.50 1,600.00 6,000.00 7,500.00 9,000.00 5,075.00 18,700.00 11,400.00 21,000.00 31,500.00 47,500.00 780.00 36,592.50 14,000.00 2,975.00 2,000.00 15,950.00 22,500.00 3,000.00 2,000.00 5,000.00 4781 BoyntOn Beach Blvd Ext Sheet 3 of 5 - ' Irrlgeflon Piping, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Se~ce/Connectlon Water Service/Connection ILS 1 LS 1 LS 1 LS $ 17,500.00 $ 6,500.00 $ 4,000.00 $ 2,500.00 30,500.00 $30,$00.00 $ 17,500.00 $ 6,500.00 $ 4,000.00 $ 2,500.00 Building Features Trolley Shelters 1 Ea $ 40,000.00 40,000.00 $0.00 40,000.00 $0.00 6,950.00 $6,950.00 3,200.00 3,750.00 10,500.00 $10,500.00 7,500.00 3,000.00 250,000.00 $2~0,000.00 250,OO0.O0 441,159.35- $44t,t59.35 441,159.35 Signing & Striping Striping Slgnage Signalization Modifications ~ U.S.# 1 1 Mast Arm Poles (Paint F_xJsL Poles) 1 Controller Cabinets 1 Wiring and Electrical Connection Loop Detectors Co ntlngency 10% Of Construction Value Design/Permit Fees Design/Permits 1LS 1 LS 1 L$ OLS 0 LS 1 LS ILS 1 LS $ 3,200.00 $ 3,750.00 $ 7,500.00 $ 30,000.00 $ 5,500.00 $ 3,000.00 $250,000.00 $441,159.35 ~IAL CONSIDERATIONS Wetland Mitigation Wetland Mitigation Estimate Architectural Ntemate Improvements Architectural Entry Feature Landmark Archltectural Feature Subtotal Contract Value $3,028,076.45 $2,988,076.45 1 LS $400,000.00 Wetland Mitigation Subtotal 1EA $295,000.00 1 EA $762,000.00 400,000.00 $200,000.00 400,000.00 $200,000.00 $1,057,000.00 $0.00 295,000.00 $0.00 782,000.00 $0.00 550,000.00 $550~00.00 550,000.00 Electrical Undergmundlng Altemate Improvements Undergrounding for FPL Utilities 1LS $550,000.00 AJtemats Improvements Subtotal Total Considerations $1,607,000.00 $550,000.00 $5,035,076.45 $3,738,076.45 4782 Boynton Beach BlYd Ext Sheet 4 of 5 Special Provisions Price Is For Extension Of Boynton Beach Blvd. From Federal Highway To Cul-De-Sac/Entry To Promenade Only. Alternates Include Cost Of Custom Architectural Features Such As; Gateway E. ntry Features, and Landmark Architectural Features. Price Does Not Include Costs Associated With City Utility Installations Within The R/W Alternate Price Includes Relocation Or Undergroundlng Of. Franchise Utilities. Upon Receipt Of F.P.L./Bell South Design O.P.C. Shall be Prepared. Price Does Not Include Temporary Improvements For "Relax-Inn" Site Or Temporary Construction ,~ccess Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 Alternate Improvement totals include Mobilization/General Conditions/Permlflng/and Design/Build fees 4783 Boynton Beach Bird Ext Sheet 5 of 5 Promenade Initial Opinion Of Probable Cost From: Updated Through March 1, 2004 Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: 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 Att: Douglas Huichinson, Director Tel: 737 - 3256 Fa~c 737 - 3258 ProJec~ C.R.A. Project # I~BB2CX~I, Design Bui~ Procurement Boynton Beach B~. ~, Promenade And R~ Phase !1 Promenade Engineer. Plans: Kimley - Horn And Assoclab~s, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4. 13.5 Dated 01/08/04 Item Desca-¥:ion Quantity Unit Price Amount Team Recornr,~er, datlon Mobilization/General Conditions 1 Mobilization/General Conditions $ 150,000.00 $ 150,000.00 I LS $150,000.00 $ 150,000.00 Maintenance of'Traffic None Required $ $ $ ~5,000.00 ~ 15,000.00 Clearing and Grubbing Site Clearing Grubbing And Disposal $ I LS $ 15,000.00 '~5,000.oo Grading Roadway Grading Unsuitable Subsoil Excavation & Removal Roadway Fill/Compaction Excavation For Landscaping Fine Grading Final Dressing/Cleanup 1 LS $ 32,50~c3~ 3000 CY $ 7.50 1LS $ ~..O00.00 1LS $ 5,000.00 1LS $ 3,500.00 ILS $ 7,000.00 120,500.00 $ 120,500.00 32,500.00 22,500.00 50.000.00 5,000.00 3,500.00 7,000.00 4784 Promenade Sheet 1 of 4 Water & Sewer Utilities Water & Sewer Utilities $ 75,000.00 $ 75,000.00 1 LS $ 75,000.00 $ 75,000.00 Subgrade & Base & Asphalt 8" Llmerock Base 12" Stabilized Subgrade Geotextile Concmta Work 12" Header Curb Color Concrete Standard Gray Concrete 6" Band w/Salt Rock Finish $ 5867SY $ 11.30 $ 5867 SY $ 4.75 $ 16500 SF $ 0.50 $ $ 820 LF $ 20.00 $ 380 LF $ 25.00 $ 1200 SF $ 3.50 $ 1320 LF $ 20.00 $ 102,415.35 $ 102,415.35 66,297.10 27,868.25 8,250.00 56,500.00 $ 56,500.00 16,400.00 9,500.00 4,200.00 26,400.00 Surface Treatment 1 Pracast Sidewalk Pavers $ 7500 SF $ 6.00 $ 45,000.00 $ 45,000.00 45,000.00 Slte RetainlngWalls 1 RetalnlngWalls $ 74,250.00 $ 74,250.00 330 LF $ 225.00 $ 74,250.00 Furnishings Socrates Bench Socrates Cube '- Litter Bin 1 Handrail Architectural Features See Separate Cost Proposal $ 14 Ea $ 2,060.00 $ 2Ea $ 850.00 $ 3 Ea $ 1,435.00 $ 330 LF $ 250.00 $ 117,345.00 $ 117,345.00 28,840.00 $ 28,840.00 1,700.00 $ 1,700.00 4,305.00 $ 4,305.00 82,500.00 $ 82,500.00 $ $ 182,400.00 $ 182,400.00 Electrical & Street Lighting Street Lighting Pole #1 (25'Htr) Uplighting Electrical Service Points Conduit, Wiring, Pull Boxes $ 8 Ea $ 4,550.00 $ 12 Ea $ 800.00 $ 3 Ea $ 13,500.00 $ 1LS $105,000.00 $ 27,300.00 9,600.00 40,500.00 105,000.00 Landscaping 1 Additional Landsoaping Allowance Crepe Myrtle Purple Crinum Lily indian Hawthorn Sod Root Barrier Planting Soil Mulch Fertilizer $ 1LS $ 65,000.00 $ 12 Ea $ 30.00 $ 12Ea $ 30.00 $ 172 Ea $ 12.00 $ 5000 SF $ 0.40 $ 250 LF $ 11.00 $ 30 CY $ 30.00 $ 7 CY $ 30.00 $ 1LS $ 200.00 $ 73,844.00 $ 73,844.00 65,000.00 $ 65,000.00 380.00 $ 360.00 360.00 $ 360.00 2,064.00 $ 2,064.00 2,000.00 $ 2,000.00 2,750.00 $ 2,750.00 900.00 $ 900.00 210.00 $ 210.00 200.00 $ 200.00 4785 Promenade Sheet 2 of 4 IrrigatiOn Piping, Main Lines, Zone Lines & Heads Valves, Controller & Time Clock Electrical Service/Connection Water Servlca/Connection $ 17,000.00 $ 17,000.00 1 LS $ 7,500.00 $ 7,500.00 1 LS $ 3,000.00 $ 3,000.00 I LS $ 4,000.00 $ 4,000.00 ILS $ 2,500.00 $ 2,500.00 Building Features See Separate Cost Proposal $ $ 160,000.00 $ 160,000.00 Contingency 1 15% Of Construction Value $ I LS $160,000.00 $ 160,000.00 Design/Permit Fees Design/Permits $ 213,284.00 $ 213,284.00 ILS $213,284.00 ' $ 213,284.00 Subtotal Promenade Wetland Mitigation 1 See Separate Cost Proposal ADDITIONAL CONSIDERATIONS 1 LS $0 Wetland Mitigation Subtotal Architectural Alternate Improvements Multi-Use Restroom/Ticket Booth/E.M.S./Si Storage Bldg. Canopy Shade Structure Day Dock Architectural Entry Feature Landmark Architectural Feature 1 LS $ 375,000.00 4 LS $173,000.00 1 LS $250,000.00 1EA $295,000.00 I EA $ 782,000.00 $ 1,402,538.35 $ 1,402,538.35 $ 3,691,000.00 $ 1,317,000.00 375,000.00 $ 375,000.00 692,000.00 $ 692,000.00 250,000.00 $ 250,000.00 295,000.00 $ 762,000.00 $ Electrical Undergroundlng Alternate Improvements Undergrounding for FPL Utilities 1 LS $ 375,000.00 Alternate Improvements Subtotal Total Considerations $ 375,000.00 $ 375,000.00 $ 375,000.00 $ 4,086,000.00 $ 1,692,000.00 $ 5,468,538.35 $ 3,094,538.35 Special Provisions Alternate Price Includes Cost Of Custom Architectural Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark Architectural Features. Alternate Price Includes Relocation Or Undergrounding Of Franchise Utilities. Upon Receipt Of F.P.L./Bell South Design O.P.C. Shall be Prepared. Price Does Not Include Temporary Improvements For "Relax-Inn" Site Or Temporary Construction Access Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 4786 Promenade Sheet 3 of4~-'i 'i ': 5 Alternate Improvement totals Include Mobilization/General Conditions/Permitlng/and Design/Build fees 4787 Promenade Sheet 4 o[ 4 Riverwalk Initial Opinion Of Probable Cost Updated Through March 1, 2004 From: · Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fa)c (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 Att: Douglas Hutchinson, Director Tel: 737 - 3256 Fa,,c 737 - 3258 ProJect: C.R.A. Project # BBB2003-1, Design Build Procurement Boynton Beach Blvd. Extension, Promenade And Riverwalk Phase III Rivenvalk Engineer: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: Sheets 1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2, 11.1, 12.1, 12.2, 12.3, 12.4, 12.5, 13.1, 13.2, 13.3, 13.4, 13.5 Dated 01/08/04 Item Description Quantity Unit Price Amount. Team la~commsndatlon Mobilization/General Conditions Mobilization/General Conditions Maintenance of Traffic None $ 550,000.00 $ ILS $ 550,000.00 $ 550,000.00 152,600.00 Clearing and Grubbing None Grading/Rock Revetment Rock Revetment Final Dressing/Cleanup 1 LS 1 LS $ 150,000.00 $ 2,500.00 $ 150,000.00 · $ 2,500.00 4788 Riverwalk Sheet 1 of 3. Storm Drainage None $ $ $ $ - Subgrade & Base & Asphalt None 0 SY $ $ 5.00 $ Concrete Work Standary Gray Concrete 12" Color Concrete Header w/Salt Rock Finish 1 Concrete RIverwalk Pier Structure (Built In Conjunction With Balance Of Project) Surface Treatment Precast Sidewalk Pavers 10192 SF 722 LF 1 LS 3.00 20.00 3,500,000.00 7365 SF $ 5.50 $ 3,548,016.00 $ $ 30,576.00 $ 14,440.00 $ 3,500,000.00 $ 40,$07.60 $ $ 40,507.50 Hardecape None $ 387,026.00 Furnishings Litter Bin (Incl. Conc. Pad) Presidio Bench (Incl. Conc. Pad) Handrail (Alt. Design) Architectural Features and Sculpture See Separate Cost Proposal 13 Ea 18 LF 2466 LF $ 1,435.00 $ 3,340.00' $ 125.00 $ 18,655.00 60,120.00 308,250.00 $ $ $ 411,000.00 $ Electrical & Street Lighting Street Lighting Pole #1 (25'Ht.) Architectural features Lighting Vendor Power Outlets Electrical Service Points Conduit, Wiring, Pull Bo~es 14 Ea 2 LS 40 Ea 3 Ea 1LS $ 4,750.00 $ 50,000.00 $ 850.00 $ 13,500.00 $ 170,000.00 66,500.00 100,000.00 34,000.00 40,500;00 170,000.00 Landscaping None $ $ 4789 Riverwalk Sheet 2 of 3 · Irrigation None $ $ $ $ $ $ $ - Building Features None Signing & Striping None Contingency 1 15% Of Construction Value $ 765,000.00 $ I LS $ 765,000.00 $ 765,000.00 Design/Permit Fees Design/Permits $ 645,555.35 $ I LS $ 645,555.35 $ 645,555.35 300,000.00 Wetland Mitigation Wetland Mitigation Estimate Alternate Improvements Canopy Shade Structure Subtotal Rlvsrwalk ADDITIONAL CONSIDERATIONS 1 LS $ 200,000.00 Wetland Mitigation Total $ 6,496,603.86 $ $ 200,000.00 $ $ 200,000.00 $ 200,000.00 $ 997,000.00 $ 1 LS $ 997,000.00 $ 997,000.00 Alternate Improvements Total $ 997,000.00 $ Total Considerations $ 7,693,603.85 $ 300,000.00 300,000.00 Special Provisions Price Is For Rlverwalk Construction Only. Price representative of 30% drawings for Promenade/Riverwalk. Alternate Price Includes Cost Of Custom Architectural Features Such As; Gateway Entry Features, Sculptural Art Displays Or Landmark Architectural Features. Price Does Not Include Costs Associated With Clty Utility Installations Within The R/W Price Does Not Inc/ude Temporary Improvements For "Relax-Inn" Site Or Temporary Construction Access Road. See Separate Proposal For These Items. All Items Noted "1" In The Left Margin Were Modified As A Result Of Budget Discussions 2/23/04 4790 Alternate Improvement totals include Mobilization/General Conditions/Permiting/and Design/Build fees Riverwalk Sheet 3 of:3:i?:: ~ ~ AVM Z Z ~,, LU ZO O~ Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: MLK Purchase Process Update Date: February 26, 2004 Over the past months,' questions have arisen as to the process the CRA will be required to use for the approved acquisition of Phase I Properties in the MLK Corridor. HUD and our legal staff will have comments on the .legal impacts; however, my recommendation is to follow the HUD Uniform Relocation Act process. This will add significant cost to the acquisition costs but ensures a fair process to all parties. My strongest argument is that'the City and CRA need to follow some guidelines in this area. We are literally buying properties next door or across the street from each other. It is very confusing to citizens if the "City" is buying property under different systems. I strongly believe that a unified purchasing system will both be seen as fair and consistent. 4791 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: CC: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Henderson Tillman James Barretta Charles Fisher Alexander DeMarco Don Fenton Douglas C. HutChinson, Executive Director FROM: DATE: RE: Donald J. Voody, Esquire, City Attorney's Office Di1D Lindsey Payne, Board Co~msel 1AP February25,2004 Real Property Acquisitions subject to Uniform Relocation Assistance in Real Property Acquisitions for Federal and Federally-Assisted Programs 42 USC 4601, et seq. During a recent telephone conference which included representatives from the City administration and the Community Redevelopment Agency Executive Director, an analysis was requested of the additional requirements of a property acquisition conducted in conformity with the Uniform Relocation Assistance Act for submission to the Board at its next meeting. The following constitutes an outline of the legal requirements that must be adhered to under the Federal Uniform Relocation Assistance. I. APPRAISALS. Prior to negotiations, Section 24.102 of the Act requires that an appraisal be obtained. (An appraisal is unnecessary if the fair market value of the property to be acquired is estimated at $2,500.00 or less.) Section 24.103 sets forth criteria for the appraisals which in the minimum must contain the following items: 4792 ao co eo The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal. An adequate description of the physical characteristics of the property being appraised, a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five (5) year sales history of the property. All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. A description of comparable sales, including a description of all relevant, physical, legal and economic factors, such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. A statement of the value of the real property to be acquired and, for partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate: The effective date of valuation, date of appraisal, signature and certification of the appraiser. ADDITIONAL COMMENTS,. In order to perform an appraisal under the Uniform Relocation Assistance Act, the appraiser shall be certified in accordance with Title XI of the Financial Institution Reform, Recovery and Enforcement Act of 1989. The Agency obtaining the appraisal shall have a qualified reviewing appraiser examine all appraisals to insure that they meet applicable appraisal requirements. The reviewing appraiser's certification of the recommended or approved value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation or approval. Cost Factor: Cost of an additional reviewing appraiser. II. NEGOTIATIONS O1~ CONTRACT OR OPTION AGREEMENT. Under the Federal Act and prior to the initiation of negotiations, the Agency shall establish an amount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal of the fair market value of the property, taking into account the value of allowable damages or benefits to any remaining property. Promptly thereafter, the Agency shall make a written offer to the owner to acquire the property for the full amount believed to be just compensation. The Act requires that along with the initial written purchase offer, the owner shall be given a written statement of the basis for the offer of just compensation, which shall include: a. A statement of the amount offered as just compensation; 4793 2 bo Co A description, location and identification of the real property and the interest in the real property to be acquired; and An identification of the buildings, structures and other improvements (including removable building equipment and trade fixtures), which are considered to be a part of the real property for which the offer ofjust compensation is made. The Relocation Act requires that the agency shall make reasonable efforts to contact the owner or the owner's representative and discuss its offer to purchase the property, including the basis of the offer of just compensation; and, explain its acquisition policies and procedures, including its payment of incidental expenses in accordance with the Act. Incidental expenses shall include recording fees, transfer taxes, documentary stamps, evidence of rifle, and boundary surveys. However, the agency is not required to pay costs solely required to perfect the owner's title to the real property. Chapter 166 does not require that the municipality pay any of the seller's expenses. Upon receipt of the written purchase offer, the owner is afforded a reasonable opportunity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification in the purposed terms and conditions of the purchase. Accordingly, the purchase price for the property may exceed the amount" offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized agency official approves such administrative settlement as being reasonable, prudent and in the public interest. Cost Factor: Significant administrative activity and record keeping. Additional legal over-view to confirm compliance. We estimate an additional ten to fifteen hours of legal time per transaction to monitor "Act" compliance. HI. EXPENSES INCIDENTAL TO TRANSFER OF TITLE. Under the Uniform Relocation Assistance Act, the owner of real property shall be reimbursed for all reasonable expenses necessarily incurred for: ao Recording fees; Transfer fees; Documentary stamps; Evidence of title; Surveys; and Other similar expenses incidental to conveying the real property. Costs for which an owner is not entitled to reimbursement include penalty costs and other charges for prepayment and any preexisting recorded mortgage entered into in good faith encumbering the real property and the pro rata portion of any prepaid real property taxes which are allocable to the period after which the agency obtains title to the property. Cost Factor: Additional closing costs. 4794 3 IV. Conclusion. In the final analysis the governmental entity that must comply with the "Act" can factor in additional legal costs of approximately 15% - 20% above the costs associated with acquiring a property other than under the "Act". Administrative activity (staff time and record keeping) to assure compliance with the "Act" could drive the overall costs an additional 10%-15% higher. In addition, the cost of the review appraiser would be incurred. DJD:LAP/skg/ja H:\1998\980465L2004 MEMOSkReal Property(2-25).doc 4795 4 Memo: To: From: Re: Date: CRA Board Douglas HutchinsOn, CRA Executive Director Cash Flows, Budgets, and Financial Projections for Board Direction March 1, 2004 This memo is a team effort between Staff and RBC Dain Rauscher (formerly Hough Company) to depict potential projects, programs, operations and underwriting funding. This is for direction only. These numbers, projects, etc. will be further developed based on the Board's general direction from this presentation forecast. The Staff has attempted to outline a broad based concept of program and project content. It is Staff's belief that a balanced vision of projects and support programs are critical to sustain re-investment and development in the CRA. It is now time to more clearly assess the CRA's underwriting capacity and establish the true scale of the plan implementation. The forecast recognizes opportunities such as MPO Transit Grants which offer matching funds to develop elements of our TCEA Transportation Program. It addresses police patrols that reinforce safety of people in the CRA area both on the street and in parking lots that have increased usage. These are proposed to be served by the trolley system. The Trolley Program with grant application is slated for presentation at the May Board Meeting. The Boynton Beach Boulevard Design/Build Project moves forward with two of the three elements to anchor the waterfront development. The project provides support and ties to the traditional small marina business activity through a drop off and pick up day dock at the end of the Promenade. 4796 The Heart of Boynton Area is slated for $4,000,000 in property acquisition and street improvements to begin substantial redevelopment in the MLK/Seacrest Corridor. This commitment represents an immediate increase in activity to continue the increased developer interest recently seen for this area. The target date for the release of a Redevelopment RFQ is slated for Fall/Winter 2004. This timing will allow the CRA/City to have acquired by contract and/or closing Phase I properties. The proposed project list addresses'a CBD Public Parking element. The location has been targeted for over 5 years and represents a concerted effort between the City, CRA, Church and other existing property owners to create a downtown parking site at a large savings to the public. This public/private concept is nearing a draft concept stage and will be ready for CRA action over the next several months. If this site is not secured by the CRA, development may move forward without a Public parking anchor at the location of this project (the "Exxon block" of BBB/Federal/4th Ave.). The Museum Feasibility Study has been included to move forward to site permitting or alternative site development as the next phase. This is contingent on a positive study outcome; however, the feasibility study funding is critical to move the project into place for consideration of grants, sponsorship and potential Phase II debt underwriting. The histodc core of Boynton is addressed with a $1,000,000 underwriting of the Old High School Adaptive Re-use. The funds, when combined with the CitY's existing funding to date and proposed $300,000 for stabilization, will be used as matching funds to secure the remaining restoration funding. This project along with the Children's Museum and the new library expansion creates a cultural core similar to Delray's "Old School" Square. This investment will attract development in the CRA Area through enhanced quality of life and creation of a significant public space. The proposed forecast reflects commitments to the Marina and Arches Projects. Their cost impacts and cash flows are accounted for both in cost and TIF Income. 4796a The income forecasts are very conservative. Appreciation expectations are almost 50% of the County's projections and very limited grant funding is° projected. This is significant as the core projects and programs outlined by Staff have tremendous grant underwriting potential. The TIF forecasts for the next three fiscal years reflect only projects completed but not fully on the tax rolls and projects in construction. In fact, no significant projects are forecasted to come on the tax rolls until year 2006/2007. The new project for 2006/2007 is the Marina Project which has already sold out. Staff did not speculate on major capital projects beyond 2006/2007 due to the fact that many elements are unknown and the CRA will need to evaluate program/project status at that time. Further, it is forecasted that the CRA will not have significant additional debt capacity until 2006/2007 (approximately $6,000,000). Therefore, the first phase of underwriting and project completion needs to be completed and evaluated for a clear vision for second phase debt if chosen. The RBC Dain Rauscher Company will use direction from the CRA to develop debt underwriting options. The CRA has the ability to recover "cash" expenditures pdor to issuing any tax exempt bond by including a "Re-imbursement Resolution" statement in any potential offering, therefore, the CRA has time to develop a complete Project/Program/Finance strategy. In fact, underwriting analysis uses the previous year's tax revenue to establish current debt capacity. Therefore, if we wait until next year's TIF revenues are established in August of this year, our current TIF Income can be used. The CRA had a $1,000,000 jump in TIF between 2002~2003 and 200312004. Therefore, an October 1, 2004, underwriting target date in feasible and best for the CRA. The Finance forecast also uses a very conservative coverage ratio of 2.0 times debt load. Other enhancements may further help the CRA underwriting capacity. These concepts will be developed based on Board direction. 4796b Summary I feel the proposed programs and projects represent a diverse investment in the CRA Area which is responsive to citizen and developer needs. All CRA matching Grant Programs, events, Business Development Programs are sustained in the forecast. It balances programs with projects. The proposal puts CRA plans on the ground yet does not leave behind social or citizen issues. Geographic distribution has focus in two "Hubs" that are tied together and then tied to all of Boynton by a proposed trolley system. This comprehensive vision seeks to strengthen all of the CRA incrementally together. No one is left behind. Our comprehensive updated LDR, Master Redevelopment Plan consolidation, Design Guidelines and TCEA give firm directions for developers and piece of mind for Citizens. The direction given here will be, to a great extent, the legacy of the CRA. These programs and projects are the visible culmination of some 10 years of study. It will set the foundation for future CRA direction. Once again, Staff is not asking for approvals, but direction for work to be completed on CRA elements. These will be presented in Staff's project updates and further addressed in the 2004/2005 Budget. 4796c Draft PRELIMINARY CAPITAl, ~ING AND INVESTM-ENT OPTIONS PREPARED FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MARCH 1, 2004 RB,C Da~n Rauscher 4796d RBC Dain Rauscher Draft As Financial Advisor to the Boynton Beach Community Redevelopment Agency (the "CRA"), RBC Dam Rauscher (" NBC Dam") was asked to review the capital funding and invesUnent options available to the CRA. Specifically, we were asked to review the following areas related to developing the CRA's Capital Plan: · CapitB! Funding Options · Funding capacity for projects utilizing projected cash amiable and potential debt financings · Debt capacity over the next six years based upon the CRA's current budget · Financing alternatives if debt is considered · Investment Options · Cash manageanent · Short-term investrt~xts Following is a preliminary discussion of these alternatives utilizing the information provided to us by the CRA. Depending on the type and size of the projects selected by the CRA, a more detailed analysis and specific recomm~ons will be provided. CAPITAL FUNDING OPTIONS The CRA's Budget Projections include projections for the current year's budget, FY 2004/2005, and projections for the next 5 years, FY 2005/2006 through FY 2008/2009. The CRA's tax increment projections are smxar~arized as follows: CRA BUDGET PROJECTIONS TAX INCREMENT VALUE PROJECTIONS FY NEW CONSTRUCTION PROJECTS Marano Bey - Southern Builders SouG3em Builder#2 ( South Federal Marina Village Arches Coastline Office Building Blue Lagoon Project The Harbors MLK Village Tuscany Kensingh3n Place Villa Del Sol Industrial/Commercial Misc. Projects TOTAL CONSTRUCTION INCREASE TIF APPRECIATION % PRIOR YEAR'S VALUATION TIF APPRECIATION INCREASE CURRENT TIF INCREMENT N ~ PROJECTED INCREMENT TIF INCOME PROJECTIONS City St Boynton Beach Palm Beach County TOTAL GROSS TIF REVENUE NET TIF ~ 95% 200~/2004 Year 1 Year 2 Year 3 Year 4 Year 5 2004/2006 2006/2006 2008/2007 2007/2008 2008/2009 $ 6,600,000$ $ $ $ 2,500,000 10,000,000 10,000,000 65,000.o00 10.000,000 2,500,000 7,500,000 ln, O00,O00 65,000,000 12,000,000 5,000,000 5.000,000 24,000,000 6,000,000 2,000,000 16,000,000 2,000,000 1,000,000 2,000,000 2,000,000 2,000,000 2,000,000 1,000,000 3~828~460 2~000,O00 2.000,~00 2.000,000 2~000~000 2,000~000 44,829,460 $ 18,600,000 $ 20,$00,000 $ 24,000,000 $ 86,500,000 $ $0,$00,000 11% 8% 4 % 4% 4% 4 % 407.644~47 $ 497,313,574 $ 555.~98,660 $ 598.426,607 $ 646,363.671$ 758,718,218 44,840,867 $ 39,785,086 $ 22,227,946 $ 23,937,064 S 25,~4,547 $ 30,34~,729 11617:38~07820~f4071406 2651792~491 306f620.438 364~467~502 4661812,049 206,407,406 $ 283,792,491 $ 306.520,438 $ 364.457.502 S 46~,812.049 $ 587,680.777 1,575,243 $ 2,004,823 $ 2,329,555 $ 2,693,877$ 3,547,772$ 4,466.222 924,333. $ 11187,066 $ 1,379,342 $ 1~595,059$ 2~100,654 $ 2,644~473 2,499,576 $ 3,191,889 $ 3,708,897 $ 4,288,9:36 $ 5.6481426 $ 7,110,695 2,374,597 $ :3,052,295 $ :3,523,452 $ 4,074,489 $ 5,386,004 $ 6,755,t6t 4796e Total $ 6,600,000 12,500,000 75,000,000 10,000,000 10,000,000 75,000,000 12,000,000 10,000,000 30,000,000 2,000,000 18,000,000 10,000,000 13,828,460 $ 284,928,460 6% t 96,994,239 115~73E,076 587.H0,777 16,617,492 9,830,928 26,448,419 25,125,698 RBC Dain Rauscher Draft The CRA's historical tax mcremeaxt revenue growth is summarized in the following table: Boynton Beach CRA Assessed Value Final Base Year Statutory Taxable Taxable Reduction Mtllz.ae Rates Available Year Valuation Valuation Increment Factor (.95~ Count, City Increr~nt % Char;.;-c, 1989/90 $ 39,466,737 $ 25,024,468 $ 14,442,269 $ 13,720,156 13.3770 183,535 * 1990/91 74,997,745 59,767,752 15,229,993 14,468,493 13.7957 199,603 * 9% 1991/92 77,257,229 59,767,752 17,489,477 16,615,003 12.3051 204,449 * 2% 1992/93 73,396,553 59,767,752 13,628,801 12,947,361 4.3178 7.9518 158,859 -22% 1993/94 70,614,592 59,767,752 10,846,840 10,304,498 4.3278 7.9518 126,535 -20% 1994/95 71,929,663 59,767,752 12,161,911 11,553,815 4.2931 7.9251 141,167 12% 1995/96 73,498,930 59,767,752 13,731,178 13,044,619 4.2177 7.9251 158,398 12% 1996/97 74,712,938 59,767,752 14,945,186 14,197,927 4.2358 7.9251 172,660 9O/O 1997/98 75,719,530 59,767,752 15,951,778 15,154,189 4.6000 7.9251 189,808 10% 1998/99 78,410,383 59,767,752 18,642,631 17,710,499 4.6000 7.8160 219,894 16% 1999/00 81,928,346 59,767,752 22,160,594 21,052,564 4.6000 7.8160 261,389 19% 2000/01 317,835,353 291,906,169 25,929,184 24,632,725 4.6000 7.8160 305,840 17% 2001/02 372,405,731 291,906,169 80,499,562 76,474,584 4.5500 7.8160 945,685 209% 2002/03 407,644,247 291,906,169 115,738,078 109,951,174 4.5000 7.6000 1,330,409 41% 2003/04 511,268,089 291,906,169 219,361,920 208,393,824 4.5000 7.5000 2,500,726 ** 88% Average % Change 29% * Combined millages of several agencies before determined to be exempt (Children's Services, Health Care) ** Preliminary Evaluations The projections for future tax increment growth appear to be conservative given the CRA's recent history,. However, in FYE 1992, the CRA experienced only 2% growth and in FYEs 1993 and 1994, the CRA experienced significant losses in increnxmt revenues of -22% and -20% respectively. Due to the inherent economic vulnerability of tax increment revenues, the CRA must be extremely cautious in beginning the construction of capital projects which require future growth for funding. An3, such projects should be planned in phases so that ff growth does not occur or is delayed, the current phase of the project has sufficient funds to complete construction and stand on its own. Utilizing the Budget Projections provided by the CRA, RBC Dain reviewed the following potential funding scenarios for CRA capital projects: 1. Cash Only 2. Cash and Debt Financing in FY 2004/2005 3. Cash and Debt Financing in FY 2004/2005 and FY 2006/2007 Cash Only RBC Dam recommends that the CRA establish a target fund balance policy to maintain a fund balance of at least 20% of the prior years' tax increment revenues. This is a conservative target fund balance, as mOst governments target a fund balance of 10% of the prior year's revenues. Based upon the revenue, expense and other assumptions in the CRA's Budget Projections, funding all of the $16,302,408 in projects in cash alone results h~ si~tmificant annual deficits.beginning in FY 2004/2005. This scenario is illmstmted on the following page. 4796f RBC Dain Rauscher 4796g Draft Based on current assungrdons, the CRA ~vould be able to fund approximately $15,200,000 m projects if it wished to fund such projects from cash only, and such funding would need to occur more evenly over the 6-year period under consideration. This would clearly require the CRA to reduce or eliminate portions of projects in the Budget Projection. Cash and Debt in FY 2004/2005 Due to the current extremely Iow interest rate enviromnem, many govermnents are preserving portions of their cash for future financial flexibility and borrowing at current low yields for capital projects. The Bond Buyer Revenue Bond Index, which is composed of bonds rated "Al"With a 30-year maturity, is currently at 5.0% and has averaged 6.8% over the past 20 )~ars. In addition to current low yields, longer-term financing for capital projects more equitably spreads the cost of improvements with longer average lives over the future taxpayers who will be enjoying the benefits of such projects. Following is a chart which illustrates interest rote trends over the past 20 years. 14.0 12.0 10.0 &0 6.0 4.0 Historical Long-Term Interest Rates 2.0 0.0 ..... Bond Buyer Revenue Bond Index Bond Buyer Rev Index Average (6.8%) Based on the FY 2003/2004 TIF revenues of approximatcly $2.4 million, thc CRA could obtain approximatcly $9,250,000 in proceeds for projects from a debt issue in FY 2004/2005. This debt issue assumes a 22-year amortization at a 6.00% imcrest rate with a 2.00x coverage requirement of revenues over debt service. Current m-exempt yields for 20-year "AAA"-rated securities are curreraly much lower than our interest rate assumption, at only approximately 3.8%. However, due to the preliminary nature of this analysis, it ~s assumed that the CRA would issue non-rated debt. Credit enhancement may be available for the CRA, which could significa~y lower its cost of borrowin4. Based on the current projects in thc Budget, a debt issue which produces $9,250,000 in proceeds in FY 2004/2005 fully funds the CPA's projects and allows the CRA to maintain a target fund balance m excess of 20% of thc prior year's tax increment revenues. This scenario is summarized on thc following page. 4796h 4796i Draft Cash and Debt in FY 2004/2005 and FY 2006/2007 Based on the projections, by FY 2006/2007 the CRA could have additional debt capacity to produce approximately $6 million in proceeds for projects due to growth in TW revenues. This debt issue assumes a 25- y~ amorfi?ation at a 6.50% interest rote with 2.00x revenue coverage of debt service. We utilized a higher interest rate on this financing as it is further in the future and poses more tmcertaim~ in terms of interest rates at the rune ofthe financing An arlditional debt issue in FY 2006/2007 would allow the CRA to add capital projects in 2007 through 2009 from the additional proceeds. This scenario is summarized on the following page. Financing Alternatives If the CRA determines that it would like to recur debt to fund projects, there are several financing options that we will analyze for the CRA. These include: · Bank loans · Bond issues through private placement or public offering Typically, bank loans arc morc cconomical for financings undcr $3 million and bond isSues arc morc economical for financings in excess of $3 million. However, if the CRA must issue non-rated debt, we would evaluate both options regardless of size to dctemfine thc most cost-cffc~vc and flcxiblc structurc for thc CRA. A bank or private investor with a local presence may have more understanding of the CRA's characteristics, which may be reflected in the terms available to the CRA. The credit enhancemem that may be available to the CRA will dramatically affect the type and cost of the financing alternatives avail_able. We look forward to discussing these alternatives with the CRA in greater detail as we develop a Capital Plan. 4796j 4796k Draft INVESTMENT OPTIONS RBC Dain recorranends that the CRA adopt an investment policy to provide guidance and permitted investments for its available funds. All public entities in the State of Florida are required to follow the State of Florida's guidelines for permitted mvestmems unless such etaity adopts its own formal policy. The Government Finance Officer's Association (GFOA) recommends that all govemmenta! entities adopt their own investmem policy_ to enhance the enfity's awareness of its invested funds and to customize the policy for the en~, 's needs and charactehsfics. Attached is an article fi'om the Governmental Finance Review, which is a GFOA publication, on investment policies and the GFOA's sample investment policy. We would be pleased to assist the CRA in creating an investmeaxt policy. Once a Capital Plan is developed, RBC Dam will work with the CRA to determine the suitable mix of cash and short-tenn investments depending on the cash requirements and timing of the project needs. Cash Managemem RBC Dain recommends that the CRA consider immediately depositing its liquid funds in the State Board of Admini.qtration's Local Government Pooled Fund to increase its curront interest earninG on cash. The SBA's yield for the month of January, 2004 was 1.24%. The CRA's current Business Money Market acco~ only yielded 1.00% for that same time period. Following is a comparison of the CRA's recent yields versus the SBA yiclds. CRA's Current Business Money Market Yields vs. SBA CRA Business Amount of Money Increased Market SBA ' Yield Month of January, 2004 1.00% 1.24% 0.24% 12 Months Averagc Ending Janu_a_.ry, 2004 1.17% 1.39% 0.22% Thc SBA is a state agmcy which manages approximately $18.1 billion in Florida govcmmmtal funds in thc pool, with approximately 800 local government participants. The objectives of the Local Government Pooled Fund, as ~_qta. t_ad bythc SBA, areas follows: · Provide a short-term, very liquid, high quality investment vehicle to participahng local governments · Purchase securities consistent with the Florida Statutes (Ch. 215.47) · Operate the'pool as a money market-like fund using the SEC investmextt requirmaents for 2a-7 Money · Follow all accounting and reporting requirements of Govenunmtal Accounting Standards Board (GASB) Statement No. 31 · Provide liquidity to the participants on a daily basis · Add incremental income by participating in securities lending program 47961 Draft The following charts provide additional information about the SBA pool's asset allocation and performance compared to its benchmark: 550/0 Local Government Pool Asset Allocation As of December 3.1, 2003 8% · US Treasuries · Agencies 27% Comm. Paper [] FRN's Local Government Pool Returns lO.O% 8.0O/o 6;0O/O 4.0o/0 2.0% 0.0o/o Iqanaged Return Benchmark Return Dec-99 Dec-00 Dec-OX Dec-02 Dec-03 12 Months Ending Short-Term Investments There are several opportunities for the CRA to increase its investment earnings by investing in permitted investments fbr longer-term periods, tbr example with a duration of 1-2 years. A short-term porttblio tbr the CRA could include investments such as: · Laddered Treasury or Agency bonds · Investment Agreements such as Repurchase Agreements and Guaranteed Investment Contracts Such investments would enable the CRA to lengthen its maturity for funds which are not currently required for capital projects and increase its eamings. Laddered short-term investments help the CRA attain a market rate of 4796m Draft relama throughout all economic cycles, as securities would be nmlamng on a regular basis. Investment agreements allow the CRA to lock in longer-term returns while allowing for permitted construction draws without penalties. Once the CRA's projects are determined, we will discuss specific investment structures to increase its returns while nmatmmng construction draw flexibility. CONCLUSION There are numerous capital funding and investment options available to the CRA to assist in accomplishing its economic development goals. With direction t~om the CRA on the level and timing of its desired projects, RBC Dam will work the CRA to develop a Capital Plan to most cost-effectively fund these projects. We look fomrard to incorporating suitable investment types and maturities to create a complete Capital Plan for the CRA. 4796n ~ ~RB.C VIII. Old Business 4797 Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with' a' disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Memo To: From: Date: Re: CRA Board Susan Vielhauer February 24, 2004 Consideration of Fagade Grant for Delray Boynton Academy (Tabled). Delray Boynton Academy, located at Martin Luther King and Railroad Boynton Beach, FI., has resubmitted an appliCation for the Fagade Grant Program for consideration. The applicant is requesting $15,000.00. The property owners received three bids for the proposed building and landscaping. In addition, they have been working on improvements to the building, which were proposed by the CRA Board. The CRA Board has been given new renderings of the roof and improvements. Their resubmitted application is complete and qualifies for program consideration by the CRA Board. Staff is recommending the approval of Delray Boynton Academy Facade Grant for $15,000.00. The Budget line item FaCade Grants has funds to accommodate the grant request. 4798 APPLICATION 4799 2002/200;3 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant AmOunt is $15,000,00 (Please Print Or Type Only - ~U~l~ Add'itional Sheet~ If Neeesa&ry) APPLICANT INFROMATION Name of Property Owner: Address of Property Ownec Phone # Day: 5~'~ ~ "~ '-~ (¢ '- ~ ~ ~ Evening: Zip Code: Legal owners and legal description of the. property to be improved (please eY~"h copy of warranty deed and lease, If applicable): If Different from Property Owner Name of Business: ~-.4/vi -~- Address of Buslnesu: :f~ ~ d~ ~, ~ C'~ ~ ~' . / / Phone ff Day: ~4/ 6~¢ S"~~ Evening: Years of Operation: ~ Y/>~' Number of Employe~: ~ Annual Payroll: Number of Employees r~iding in Boynton Beach: 4800 Boyn~n ~ea~ COmmu~ Re~v~opment Fe~de Grant Program Appl~lon accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" w~th a "release of lien" signed by each. Proposals for "work to b~ completed" or "bids" are not considered proper documentation. Each item will be Supported by a canceled uheck showing the face of the check, as well aa the back of the ~nceled check, (2). the.Applicant shall warrant that all bills related to tho Project are paid in full including, but not limited to, 'all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the ~before" photos submitted in the APplication and the "during" ph .ethos. The Relmburaeme~t Request from the Applicant Shell be submitted no later than the 15e of the month for consideration by the CRA Board at its next month's meeting. Reimbursement ~hall be ISSued ten (10) days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change-orders that have been approved by the CRA. ~Nitn.ess Grantees shall grant-the CI-(A and/or ti~e City of Bo_.y~J~,n Beach the rights and use of photos and project application ~ ~ (Date) ~-P'~pe rty Owner (Da~e) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 4801 Boynton Beach Community RedevelOpment Agency Fa~de'Grant Program Agreement :~1~ 2002/2003 FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Appll~-~nt aOraas not to alter, renovate, or demolish the new fac~ade for three years, commencing at the tirt~final inspection by the CRA is C°mpleted. tf violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien.. .2. The CRA will consider uppcoval of grants for exterior improvemonts to a building which does not face a recognized street. The extedor rear of a building facing an alley way will also be considered. A minimum of three (3) inspections by the' CRA. are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to scl~eaule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. The property owner, or tenant if applicahl~, must comPlete the fagade improvement project within six (6) months of the grant award unless the project is approved as a phased project in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the facade Improvements in a timely'manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS t. This program is designed as a reimbursement grant. That is, all work must be done and .paid for by the Applicant, pdor to the CPA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board, Reimbursement Request shall be summarized in a report and accempanied by proper documentation, Proper documentation will consist of (1) Project 4802 Boyntor~ Beaot~ Community RecJ®velopment Agency Fa~aCe Grant Program Agreement PROGRAM GUIDELINES The folio'wing gulclellnes ute 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 halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity i,'~. the target area. The following guidelines are applicable [o this program: 1. The program Is available only for property located within the Community Revitalization Areas of the Boyriten Beach Community Redevelopment Agemoy (CRA). Note: See attached Fa¢ade GrantArea Map. 2. The p~ognam is for commercial properties and businesses. The property. Owner must be the applicant. However, If ~tle pw-operty Is ourrenfly leased tO a tenant, then the Appli=ation and Agreement must be jointly executed by both the owner and the tenant.. 3. Eligible exterio~ improvements for this program include: , Painting. , Shutters. . Signage (located on the building or the property). Awnings/canopies. · Doom/windows. Landscaping around the building. , Irrigation. , Parking lot re-paving, re-sealing, re-striping. Exterior Lighting. Patio or decks connected to the~ building. Exterior wail repairs (e.g. stucco, bric. J< or wood repairs and replacement). ADA improvements. 4. All work BL9.~ be in oomplianco, with applicable Boynton Beach Building Codes and ail contractors u~ be licensed in BoyntOn BeaclVPalm Beech County. if the Applicant(s), instaIls enhanced land~caping and or signage it must be in accordance with City Ordinance No. 5. Maximum Grant amounts: The CRA Will provide, ~n a rolmbur~ement ~, a dollar for dollar matching grant for eligible fagade improvements up to a total of fifteen tlqousand dollars ($15,000,00) of CRA funds. 6. The Facade Grant pro,ram will honor expenditures completed up to 90 days prior to application, improvements underway and proposed 4803 I~oynton Beach community t<eclevelopm~nt Agency Far~ade (3rant Program improvements. The Fagade O~'ant program may only he used one time in any three year pedod for any one property. Properties may re-apply for additional grants a~y time after three ~3) years from previous grant approval, Project 'phasing of up to two years can be requested, Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1~t to September 30th). 4804 Boynton Beach Community t~edevelop~nt Fagade Grant Program APPLICATION PROCESS t seekin a proJe~ grant may secure an application from the Boynton 1. An applican ~ ..... ^ ...... ~r'RA~ located at 63g E. Ocean Ave., Beach Community Reaevetopmem ~l~=[~y t,., / Suite 107, Boynton Beach. 561-737-3256 2. An original application and eight (8).copies o1' all materials are to bo returned to the Boynton Beach Community Redevelopment Agency for'review and approval by the CRA Board. Applications will be c~nsiderod on a first-c~me, first served basis. Applicants, must take the necessary steps to insure that their submitted application is properly time stamp.e.~to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by ruturn mail. 4. The CRA Will administer the commercial exterior' i~ac. ade program. In addition to the appropriate City inSpeCtions, the CRA will inspect the work to determine satisfactory completion of t~e work. 5. Applloant$ 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 Beaoh lien against the propertY, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and unc~erstand all ~spects of the Fa~.ade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of f~jnding. Funding is at the sole discretion or the Ci'tA Board. 4805 Boynton Beach community Redevel°pment Agency Facade Grant Program PROJECT INFORMATION Describe improvements to be done to tho property, Atl. aoh the following Items: Project work write-up(s) describing in detail the scope of the project, Plans or sketches if applicable, SEe plan and-plant list for landscape projects, Third-party cost estimates from three (3) liCensed uontractore, Estimated time line, Ev{dence of financial ability_to pay l'or"[he project (approved loan, ca~h aCcount, line of credit, etc.), A minimum of/our (4) 3" x .5" color "before" photos of the project which must include "public views', $1gnage design with oolors & material.~ proposed if applicable, Project ..color chips i material samples if applicable, And materiel epeclf'~3aflons. Applicable documents must be attached for the Application to be processed. Witness (Date) Te'r~ant/BuSiness Owner (Date) CRA Director (Date) 4806 BoyntOn Beach Community Redevelopment Agency Fagade Grant Program STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authoflzed by [aw to administer oaths ancl take acknowledgements, . as identification, and acknowledged he/she produced executed the fc~regoing Agreement for the use and put. poses mentioned in it and that the instrument is his/her act and deed. IN WtTNESS OF THE FOREGOING, t hav~ eat my hand and nfficiat seal in the State and NOTARY PUBLIC My C0mmis~ion Expires;_ [~1 ~ q IO ~ 4807 Boynton Beach Community P, edeve[opment Agency Facade Grant Program WARRANTY DEED AND LEGAL DESCRIPTION 4808 the FE(' BEGiNNiNG, containihg'9216Squa~e fei~[:~6~e or le.ss. · !'i'e'~'§"t~2~e'"POlNT OF AND LESSAND EXcEiST: Parcei "C", a portion 'of the. EaSt 300 feet of Bi0~k "B" less the right-of-way of the FEC RailWaj/, MEEKS AND ANDRES-ADDITION TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY FLORIDA. More particularly described as follows: commencing at the Northwest corner of the East'300 feet of Block "B"; thence with a bearing of S ,1 degree 37' 00" E for a distance of' 73.20 feet to the point of beginningi thence East for a distance of 122.90 feet to a point; thence S 3 degrees 09' 23" W fora distance of 76.89 feet to a point; thence West for a distance of 116.5 feet to a point; thence N 1 degree 37' 00" W for a distance of 76.80 feet more or less to the Point of Beginning. 4809 940'1011SAJ~ PC DOC~ 42Sl Og 7 PROJECT WORK WRITE UP 4810 Delray-Boynton Academy Project Description Delray-Boynton Academy is in the process of seeking approval for building a school 0n the southeast corner of Martin Luther King Blvd.'and Railroad. We are "s~"~kin.g a grc~ni lo-match our efforts toward creating our -'-,,-'~,',--, in-compliance with Boynton Beach's Community Redevelopment Agency, One of our alms is to form a bond with the Beynton Beach community by emphasizing its strength, as our at-dsk students are in great nccd of struCtUre and a sense of familY. We feel that the best method of a}:,_hieving_ this' is by aligning ourselves with the COmmunity Redevelopment Age-no/ and building a SChool that meets if not exceeds the expectations of the City of Boynton Beach. ]:t is our experience that when people are p.roud of their community, they &,~--Ome the pride of their community. By participating in the Fa(;ade Improvements Grants Program, Boynton-Delray Academy is not only helping its students and their families feel proud of their surroundings, but helping unite the community as a whole. Zt was the suggestion of a CRA board member, knowing the additional expense of renovating 'our site plans that we apply for this grant in order 'to enhance the exterior of our building. Boynton-Delray Academy is the eastern gateway into the Heart of Boynton Beach and the CRA felt that such a project could be approved if we augment the structure that will represent the pillar of the eastern entrance into the Heart of Boynton Beach Project. 4811 PLANS AND / OR SKETCHES 4812 THREE WRITTEN ESTIMATES 4813 Modutar Buddings And More. WILLIAMS SCOTSM~ South Flor/da Modular BUilding ] 4460 Cam/no Real Way, Ft. Myers, F: 941-2~ FAX 941-9: March 28, 2003 Joe Green Delray Beach Academy ........... 900 N. Seacrest Blvd. Boynton Beach, FL 33435 Dear .roe Green: Thank you for the opportunity to speak wi_th you/he other day. Enclosed is general information for your review. Williams Scotsman is a national leador ha modular structures for educational use. With today's technology and construction techniques, modular buildings meet all current commercial buildhag codes and are a permanent, safe, reliable and efficiont alternative to site built construction. The -Williams Scotsman Modular Building Division has the resources to handle any scope of work you' desire. We are State licensed Certified Building Contractors offering "turn key" services. We also have available in-house project management.and a branch office-nearby With staffed service vehicles. In addition, you can rest assured that your project is secure with the backing of the Nation's leader in modular structures. By utilizing our unique method of Concurrent Construction, we trim precious months from a conventional construct/on schedule. Site preparation and utilities and foundation installation occur while your structure is being manufactured in a controlled factory environment. ' From manufacturing to set up and site work, Will/ams Scotsman retains only the industry's top employees and sub contractors. I personally have been in the business over seventeen years and would welcome the opportunity tO be part of the successful completion of your building project. For more information on our group, please visit the web site, www.willscot, corn and click on Modular Building Division. Sincerely, :~. Rodney Green Account Manager South Florida Modular Building Division RG/SFA 48i4 Delray Boynton Academy' Budgetary Price'~i~..? 6/24/03 Modular Classroom Building 112x~4- Site Engineering TBD Earthwork TBD ~ Fee to Pull Permit ~ general °°ndifions 5,90O Projec~ Mana~emgi~--& coordination. 6,300 Modular Buildings 268,800 F~eight To Site 8,000 Building Ir~allation & fotmdation 25,000 Skil-ting ~,500 Plumbing Connections & Runs TBD Electrical Cmmcations & ~ns TBD Da~a and phone Connections and Puns T~D Ramps, Decks & Steps (~lunninum) 10,000 Sktew~ll~ TBD Landzc~p/ng and Irrigation TBD Canopies TBD Fire Protection TBD A Jafra Sysmms TBD Note~: Site relat~l work moh'as ~cavating, water managemem, parking, paving etc. can only be determined attgr site engineering is ~mplet~ and approved by the authority having jurisdichort, Williams Scotsman and owner. Permit and impart fees are not included 'in the above pricing and ,hall bo paid by the .owner ~llrectly t° the authority having jurisdictiorr Applicable taxes are not included Included in gener~d conditions arc necessary temporary portable toilets, dumpsters and cleaning for W/S scopeofworkonly.. 4815 4816 1911'N,W. 15th Street Pompano Beach, FL 33069 'Advanced Modular Structure% Inc, EXhibit A ' PI:Lo~: 954-960-X 5:~,~ Fax: 954-960-0747 Dekay-Boynton Academy Mr. Joe Green 900 N. SeaCrest Boulevard · Boynton Bead:, FL 33435 August t5, 2003, r~v. August 21, 2003, rev'. September 2, 2003 Dear Mr. Green: Advanced Modular Structures, [nc, (AMS) is piea_s, ed to present this proposal to supply our services to construct your school. General Building Description Size: 120'x72' Type: Type VI' construction RoOf: Urerhane foam over plywood B~ilding Code: -SBC 110 lvEPH wind load (to be re-certified by DCA to new :requirements) Floor.' The Building shall consist of: Perimeter frame, 2'"x8" steel joist, double layer -~A" plywood deck New level loop comm~rci~ carpet throughout except cera.rn/c tile in baths WaLls: 2"x4" @ 16" on center T l- 11 siding R-I 1 insulation New vinyl covered gypsum interior Wood interior dog.;s with wood frames to meet required fire ratings Lever, locking ha/dware and cl°ser~ where; appropriate see attached floor plan Ceiling: Cabinets: Fire Alarm: New Popcorn finish over drywall in rated areas New T-grid in other areas no ne Monitored fire Earm system per NFPA requh'ements. Visit us at www.adv~nce, dmodular, com 4817 ~q'iq M Electric: All wiring .per NBC Site Lighting w! concrete poles in¢lu~d -- -Emergency lights and exit signs per code Builder grade fixtures Plastic laminate partitions Fixtures quantities per code requirements 3 phase, 600 amp service 12) 100 amp interior sub-panels Outlets @ 10'-12' on center Fluorescent lights through out, new lamps, (surface mount in rated areas; recessed in others) HVAC: Carrier roof top AC's, quantity 8 Fiberglass duct work, adjustable diffusers. Exterior walls: New Hardi Panel (concr~ board) siding w/stucco finish l"x4" Hardi trim (conCrete board) R-11 insulation with vapor barrier New Egress windows, quantity up to 20 (shut.rs not included) Roof: Site work: Smel clear span cOnstruction Urethane foam over galvanized Plywood deck R- 14 insulation with vapor bm-der Three year warranty on roof (:The roof warranty is renewable.) All necessary surveying Clear and grub Up to 1433 yards of fill Water service with hydrant if required Site drainage to retention area Ps. ring per die plan with 12" stabilized sub-base, 6"-DOT lime rock and 1" asphalt~ 2) FDOT ramps at drive Swiping and siguage as required on site only (painted stripes), offsite signs not included Landscaping per code ' Irrigation system and well Concrete HC ramps and steps w/steel ra/ls Up to 576 SF 0~ 4"sidewalk 429' of perimeter sidewalk v, ith curb and gutter Lip to 500 SF of 6" thick sidewalk · Site lighting w/concrete poles included 3 phase, 600.amp service Fence around play ground area w/6" gate' Skirting w/.ventilation B ack fflI build£ng perimeter Dumpster pad w/enclosure 4818 Visit u~ a,~ x~ ..vw.advancedmodular.com Clarifications: · Sales tax is not included in price and will be added to price,, if exemption is not provided. · Arty extras to thc building will bcq6illed at cost plus a 15% gross margin. , Any extras to the site work will be billed at exact mst w'irit no mark up. · Advanced Modular is not responsible for unforeseen conditions such as muck or debris buried underground. - ........ . ...... . ..... ._~=..... Arty i all)' ,:.,A.~ · tern not specific ......... F~pe~al-is not included. Below is a partial list of items excluded from rials quotation. Permit f~s or governmental fees are capped at $12,000 Soft borings and .reports Lelephone work of any kind rmture and fixtures unless spec/fically listed-in quoLation Fire extinguishes AC testing a.nd balancing Burglar 'alarm Security or security fence during construction Renderings or elevations CDaII~ board, ta~k boards... Additional county requirements (hyd?,mts, water main...) Costs associated wi~ financing Builder's risk insurance Summm'¥: Construction of used 8,400 SF educational building W with alt new finishes inside, and out. The building, comes wiUk a lZ month warranty equal to the warranty of a new building, This proposal includes specified site work. Permitting and necessary plan revisions are Lnc[uded in this proposal and AMS will pay up to $12,000 in penuit fees. Total Investment: $475,000 The cost of~e building is $250,000 and the cost of the site work including permit fees is $225,000. Prepared by, C--4~es idenr .4819 Visit us at www.advancedmodular,corn 4820 ~euotur 4821 AUG-II-2003 1~: 10 PREMIER MODULAR BUILDINGS~, P. E~/05 MEMO . .To: Mr.-$-~ ~T_e_e.n/Delray Beach Ac~emy From: David I. 'Daum Date: 8/11/03 Re: tO,O00 sq. foot school A~r our discussion Yesterday I felt c.~mp¢lled to put the following information together for you in hopes that you and ~e board would still be Olin to considering Premier Modular Hhtidings LC to. build your new school. The altached floor-plan and proposal is simply something that I had in mind for.you from the b~ginning but because of the uncertainty of the land issues I never did-forward-to you as I should have I guess. Anyway, just something for You to look al and discuss with the board if you. wish although it may be a mute point now. Also, I have attached a list of some of our recent references for you to contact if you wish. I put a * next to some that are in your area. Also, ail our contractors that would be used on your project would be from your area as [ know this Was a c°ncem. Again, ali of this might be it mute point because of your de~ision but I just thought I would pass it on to you in hopes that you could still consider us. Whatever your decision I do wish you the best o£1uok. Thank you for your consideration. 4822 387 T~t-Vin,i~nd i'/.d] Orlaucl;i P[~,ri~di'3i824 ,, 407.888.2022 Phone ~, 407Jt*g.271 t Fax [ P.REMIER MODULAR BUILDINGS[. BUDGETARy INVESTMENT ANALYSIS DELRAY_BEACH ACADEMY 10,000 NOMINAL SQ. FEET AUGUST 11~ 2.0...03 BUll,DING OUTRIGHT COST: $288,911O0 60 MOIq~TI-IS 84 MONTHS $6,200,00/month $4,877.00/month. 120 MONTHS $ 3, 5 99. 00/montk ' (* $1,00 b, uyout at end of term for fall ownership of building, other, terms available upon request) Qn~ Time Cost~: 1, DELIVERY OF BUILDING/COMPONENTS TO DELRAY BEACH ACADEMY AND ERECTION OF BUILDn~G ON A PREPARED SITE $2.1,760,00 fBaseq on a level, accessible, and COmpacted site) (~lar~fications: '[, 3. 4. 5. 6. All. above costs subject to Premier Modular Buildings, LC approval and mutuall3~ a~r'eeable terms and conditions. Taxes not included. Proposal valid for 30 (thirty) days mud subj0ct to cha~ge due to material market conditions, Site work, site engineering, utility connections and permitting not included, but available upon request. Window protection, by others if required. A full scope of work and delineation of responsibiliti0s will be provided upon notice to proceed. This proposal i~~ for budgetary purposes only, md may vary due to actual specifications. The above costs are based on minimum requirements to meet the I30 MPH wind codes. Foundation is based on a standard foundation which consists of dry stack CMU'S, pre- cast base pads and no mortar. 4823 New & C'mtom Off~ee Trailtrs & Modular Buildingt 387 T~&-Vinela. nd Rd. Orb. ndo, Florida 32824 ~, 407,888,2022 Phone ~, 407.888.2711 Fax 4824 1 q l N.W. 15th ~r~¢[ Phone: 954:96t ,0 Fax: 954-960-0747 "--~. ~-rc[arde~l, City Manager of Delray Beach' 1(0 NWi": Averiue D ~lray Beacl~, FL .'33444- N, ,vember i8, 2003 D~ a.r Mr, Harden: T[:~ L$ letter is to confirm that all required information has been submitt~xi to thee City of Boynton Beach attd is au ~iting flnaI approval at the December 17, 2003 City Board Meeting,' Th'is :also confirms th..t Advanced Me dula- was seleoted to p~rforra the eonst.,'uctiou for the Delra:?-Boyntoa Academy with targeted eomple~on in. At: ~Jl 2004., - At~ ached is the Site Plan Review ScheduJe .for the City of Boyn,Xm Be$:cl:t, Sin :erety, ~'~:t M. Willis 4825 Visit us at www ~dva.ncedmodular..com 2o03 REVmW SC~DULg- ?&D/cRA · lEA/OR ~ r~ ~OD~TIOR ' ~ER?~ HOD~T~' 4826 COLOR PHOTOGRAPHS 4827 ]725 Eye Street, N.V/, Suite 600 Washington DC 20006 Tel (202) 336-7680 Fzx (202) 336-7804 ;.E'o'an C0.~..m!t.ment Lette of Col~la not-fo>p~o~t~.~omflo~endeP), a rees to C ...... _~nd~tlons '~Teln~er.?et fo~Ta~th-~"2 hal ~nd~ns set · uHumons annexeo hereto an~ ma~e~atpa-~hemoL '. Ini ...... cu~ed bY ~ts, and expenses (herelna~er defined) to be pros~tea and ~mplet~ .by the Bo~wer In and about the developed real pmpe~ owned bY the Bo~ower as. identified in the I~al descdp~on - affached to this le~er as Exhibit A (the "Prope~);-and.;(i0 ~sts and exposes associated ~th. ~e closing of ~e Loan, ~1 e~enditures mus~'be.app~.~ by the Lender and must be ~nslstent with' ~e budget for ~e Constmctl6h W6~k (the Project BudgeF) approved by_the Lender prior to the closing of the Loan ~e 'Cio ' ", te~ "Construction Wor~ mea ( ..~!ng ). For P~s~d hereof, the . ns ~nstmctlon of an 8,000 square foot pudding more ~lly described in the plans and spec~tlons for and with respect to the Const~ction Work that will be submiffed to and approved by ~e Lender. Loan Pro~eds that will be used to finan~ the Construction Wo~ (the "Construction Funds") shall be disbursed in a~rdance w~th the provisions of Paragraph 6 below, '.Maximum Loan Amount: Four Hundred Thousand Dollars ($ 400,000), or so much thereof as shall be advanced. The {-'erm of the Loan shall be ten (10) years from the first (1't) day of the first (1't) month following th'e completion of' the Construction Work (the "Convemion Date"), which shall occur no more than six (6) months after the Loan Closing, Unless maturity is accelerated pursuant to the terms hereof or any of the documents evidencing or securing the Loan (the "Loan Documents"). At the maturity date of the Loan (the "Maturity Date"), the entire principal balance of the Loan plus all accrued and unpaid interest thereon, and all other sums payable in connection With Loan, shall be due and payable in full. The Conversion Date shall occur nOt later than June 30, 2004. Interest Rate: 4828 From the date of the first advance of Loan proceeds through and including the Conversion Date, the loan shall bear interest at a floating rate of interest equal to 'the base Loan Commitmen: r. a3.e of ir~t!m.':-,st ~.=:s:ab s~ ed' by N~tlonal Consumer Oooperative Bank dba 'National COoperative 3ar'lk pius' 0~e ~ecce0t ~1%) per annum, adjusted monthly. The Bas.' ire ..she:IF mean-the-Base }~a[e of Int.~res~-es/ablished by National Cooperative. Bank fron, ..me --to'.t~me for-its.-corr r'nercia:l loan :~ciliFes,-whether ~ch base rate of. interest-is-publicl~ or privately anr'ounc(~d. ~y change In such rate shall be~me effective monthly on the first day of ea(:~ :<~[enclar ~onth. On t[~e'first (1") day of the first (l"~month following the Conversion :3a'[e (th ~ Initial A~jjstment-Date") and on the fifth (5) annlversa~ of the C~.~[~ ~[L-~.~-~L~ubseqU. eit~.'~b'~'tment Date"), the inter~st ~tp on the Ioa~ sha _ be adj~ste~ ~ ~ j~ual ~ ~. "Adjusted Rate." The"Adjusted Rate 'on ~e Initial ..... .~j~_¢_~enf.~¢~Lb~.be ~b~ ~r~e~uaders per~n~2.?_~A)i~ eX.ss 0f the ~ent weekly' avera[,e ~eld for United S~ates Treasuw Securities having five (5) year maturities, as. publishec on the last busio~ss day prior to the Initial Adjustment Date and the .S~bsequen[ Adj[ustment Date, :respectively, as published in document H.R. 15 (519) p. Oblished b,y the Board of Govemors of the Federal Rese~e System and entitled "Federal Rbse~e Statistical R.~lease," or Ils suc~ssor publi~tion; said rate t0 be rounded u.P to the nearest: one~ghl:h of one percent (1/8%). Interest shall at all times be ~lculated based upon a 360-day year and actual days elapsed payments: During the period commenc:lng on the Closing'Date and ending on the last day of the month in which the Conw.=rsion Date occurs, the Loan shall be repaid in successive monthly installments of-accrued .and unpaid interest only on the first (1~t) day of-each month. From and after the COnversion Date, the Loan shall have a one hundred twenty (120) month term and shall be repaid in successive monthly installments of principal and Interest payments calculated pursuant to a one hundred eighty (180) month amortization schedule; provided, however, .that such installments shall be subject to 'adjustment as and when .~ change irt the interest rate occurs. Such installments are payable on the first (1~t) day of the second (2nd) month following the Conversion Date. monthly payment amount shall be, adjusted on the first (I~t) day of the first (1") month following any partial payment of the Loan to the amount necessary to amortize the then- outstanding principal balance of the Loan (after application of the prepayment, any fees, and the monthly payment of principal and interest which it accompanies) at the applicable interest rate over the remaining amortization term. Loan Disbursement: In addition to the, followi'~g conditions to advance, Borrower shall meet all requirements as stated in the (2onstructk)n Loan Agreement: a) ~401011 SAM PC DOCS# 4;!510S Construction Funds shal~l be disbursed not more frequently than once (1) per month. At least ten (10) business days ,Prior to the date of a requested advance of ¢Construction Funds, the Borrower shall provide to'the Lender the following, all of which must be sati:ffactory to the Lender: (i) a request for advance ("Requisition") signed by the Borr¢,wer, together wit. h statements Setting forth such details concerning the Cor~struction Work as Lender may require; (ii) appropriate supporting documentation acceptable to the Lender; (iii) conditional lien waivers for the value of all services rendered and/or materials supplied 'is tendered (less the final invoice amount, which may be subject to a conditional lien waiver). Each RequisitiOn for payment shall be accomparfied by a cedificate in a form satisfactory to the Lender (and if requested by the Lender, other evidence satisfactory to the Lender) certifying that all funds received through and including the previous :Requisition have .been applied to bills received for labor and materials originating from the Construction Work, and for other proper costs specified in the Project Budget. 4!829 2 '. '" ~ ' ":'~'" "" ':?-'" Loan Com'mitm~ ...... )L..~__?P.r/or.,.to. tbe,final disbursement.of Coos.~i~0J3iEun...dS.;..(i).the Borrower shall Submit ...... :.~L~% :~ .... t.h_~L..ender~ n addition to the doCumen'tS a.'.~'d~rh:ateda!s required pursuant to .......... ' ';i~.'. ' :sub~r:agra.p,h(a) above,- a written certifiC.~i~'~i'-~"f;,~r~'l~flor~ (the "Completion ............ ' .i~'~:!i ;..~. :.-i._ ~.e..._rtif].. '.ca. tion'-'~) 'signed by the Borrower-that '~eGonS~- (~ti0n.Work-has been .... , ~.~:;:F~: '~:-:"satls(~'(~todly completed; (ii) the Lender. (and/or L'en(~'"insPector, if one has been · '~.': :~'".~'~::?.:~gnaied) shall physically InsPect'the Property to;co~.fl. ~ :tha~ the Construction · "".~':~W.~'~'k~'has been satisfactorily completed; (iii)the Bb~;-~ali Submit to the Lend ~' ~·'7.'~'-'.!'.:~-~,"fi~A'i,~a"tt~. unconditional lien waivers from all "'"'nt,~,~A',,~-'~z:~-:.,~ ..... e ............... ~'" - ......... .'~-,-. ~,-~,~,--:~u~up_pjl_ers wrllcr~ flare ........ · '. ::.=-:'perro~ne~.any of me ~onstruction Work or furnlshed.:.'.~te'dal~l~-c, or~ection - "th&'Pe~;jth':' and (~J.~-,)'~--b~e_.--.l~)~(~,~F~hail pr.ovide_to the Le~dei~ S'O~' Other certif'lc_a._~'&~¢ documents, materials and/or information as the Lender reasonaS'ly i-equires to cor¥firn~..~_~pletion of the Construction Work in accordance with the a~prove'd plan,~ and SP_e'~"~_(:~ti0ns, the Project Budget and all applicaSJe 'laWS. · :-7'.%~' . · .. c)' 'It is expreSSly understood and agreed that the Lender shall have. no obligation t° disburse:.(~(Jr~struction Funds; (I) if a default exists under, any LOan Docu~it; an act, event or condition shall, have occurred and th~n be existing that With notice the lapse of time, or boih, would constituie a default under, any Loan DoCument; ('iii) If.the Lender Is n&~ reasonably satisfied as to the Borrower's.current financial po~itiO~i-dr' determines that a material:adverse change' In the'Bott°war's financial p'o~itloh-h~s occurred; or (iv} until the Borrower has paid In' fOIFa-:fi-y-fe-e~; costs and expenses then due and payable under the Loan Documents." 7. .Fees: · a) b) ,Origination Fee ~ Four Thousand Dollars ($4,000). The entire Origination Fee shall be payable upon acceptance, of this Commitment. The Origination Fee is in consideration of Lender's issuance of this Commitment and Shall be deemed to be earned in full on the date of Borrower's acceptance of this Commitment. If closing does not occur for any reason whatsoever, other than solely as a result of default by Lender in the performance of Its obligations hereunder, Lender shall be entitled to retain the entire Origination Fee including the 'portion, if any, which is payable at closing. .Documentation Fee-~ - One Thousand Dollars ($1,000), payable at closing, and any other'out-of-pocket expenses, including recording, filing and title fees and taxes, whether or not the Loan is closed. 8, Collateral: Rep{~yment of the 'Loan shall be secured by, among other things, a valid first mortgage lien 6~ certain property as identified in the legal description attached to this letter as Exhibit A, a first lien assignment of rents and leases, and a first lien perfected security interest in ail tangible and intangible personal property of Borrower, including, without limitation, all furniture, fiXtures, equipment, supplies, inventory, accounts, 'cash, contract rights, future income and receivables of Borrower, and all proceeds of al/of thb'foregoing. Borrower shall execute and deliver such documents, instruments and materials as Lende~ may from time to time require to evidence or perfect its security interests Jn the collateral, which documents may include, without limitation, a 10an and security agreement, one or more collateral assignments, a mortgage or deed of trust and an assignment o.f leases and rents, all of which must be satisfactory to Lender in all respects. 4830 9401011 SAM PC DOCS~ 425109 3 11. A.t Loaf' g, ....... designated.by -s h o rffall -o n -tl')~, of such a s hor>te~ Lender within ten (1~ the Loan. The Request shall realized, shall be repaid '(~8) mbnths of su~essful defaul[~ Reserve,) equ~l to 3 rn0n~].s.~¢f..~¢i to be t~eld In escrow ica an account yJn:{he-event of a short-term ca§h~ ~payment-pedod of the Loan. In the-event submit a written request ("Reque~f2)l:o .of a principal and interest paYme'..nt, or~ future revenues which, Wh~;r. amount drawn. After e.{ghteen no :other financial 6r'rep6rtih-g- be released to the ~-&rrow~r. prepayment: ,~--~-~:' "--- -'"-~' '; ':"~-2': :. _ ': 'i . .-The Loan may be prepaid in whole or,;~art.at anYtime:without premium or penalty. Finan olal Covenants: Borrower shall ~ubmit to Lender annua[[~hln..'4=2~ day.s,of the end of the fiscal year, a s~tement'of compliance with fina&'clal''~e~.(~if-~ng that e~ch of the-fo lowing financial covenants has been met: Borrower shall maintain a Debt Service Coverage-Ratio of not less than 1.10 to 1.00 in the first fiscal year of operations, ending June 30, 2004. At the commencement of the fiscal year that begins on .July 1, 2004 and ends June 30, 2005, and thereafter, Borrower shall maintain a Debt Service Coverage Ratio of not less than 1.25 to 1.00. For purpose hereof, "Debt Service Coverage Ratio" means the sum of the Borrower's net income (before extraordinary gains and/or losses), depreciation expense, amortization and interest expense divided by the sum of the Borrower's Current Portion of Long Term Debt and Interest expense under the Loan Borrower's ratio of current assets to current liabilities shall at all times be in excess of 1.50 to 1.00. b) The Borrower shall not, without the prior written consent of the Lender: (I) incur any indebtedness for borrowed money except for Indebtedness to the Lender; (ii) enter into any commitments for money to be borrowed; or (111) guaranty the obligations of any other person, whether direct or Indirect, by agreement to purchase the indebtedness of any other person or by agreement for the furnishing of funds to any other person through the purchase or lease of goods, supplies or services (or by means of a stock purchase, capital contribution, advance or loan)for the purpose of ..,paying or discharging the indebtedness of any.other person, or otherwise. 12. Other Requirements: 4831 9401011 SAM PC DOCS# 425109 4 ' :'-" :7 ':'" :/ i' Loan Commitme, b) a) T.l~.e..Bp..[rower shall deliver to the Lender the' followin , I on or -',~---' ~ ................... ....... . . g. () .... before the forty-fifth ,(~ ~),.d.aY fo!lo~!ng, the close of each of the Borrower's fiscal quarters, unaudited Internall?:pmpare'd~nanclal.statements~ (including, at a minimum,, a statement.of. Income and-expense-with.reconciliation of-surplus and a Balance sheet)r.ceFt/fied.by an au'th0'r~d.:~Ce~.' of the Borrower, in such form and setting forth such details as the Len'd.~.i ~.~o.m .time .to time'require; ('ii) On or before ' , (120~) day fbllbWJ~-g the close of each 6f th'e'B , the on_e__hundred.twentleth audited fina~-~;-:~:-:' . ...... orrower s fiscal years, an annual ........ -..,,~,~.,~a~ement (,!.n. cIualn[~, at a minimum, a statement of Income'and expense wIth'reco~cllletion of~urplus and a ,ba.~_/an_ce sheet), ~r(Fp-a-r'ed ~n: a '~'~. ...... ~ionsoli_~.t~fi' basis;:in accordance with ~--.A.A-~, In ~ ¢~/'~/'-~a_t[.s. facto~, to the Lender ~ ail'~pects and by an Independent certified accountant approved by'the Le~ (/.ii) promptly following any reque, st by the Lender, such additional information, reports and Staiern~nts respe~i~g the Borroweds business operations and financial condition, the'ProPerty and the other collateral securing the Loan and/or any affiliated business and Investments, as the Lender may request, in ac~',ordance with GAAP, in a form satisfactory to the Lender in all respects. The Borrower shall_not trahsfer, assign, pledge, encumber or dispose of the Property, or other collateral for the Loan or any part thereof or do or permit to be done'anything to Irnpai~"the Lender's ~ecurRy or the value'of the Property or other collateral for the Loan. ' - ' 13. .Loan Closing: Loan closing must occur on or before December 31, 2003, time being of the essence. If the Loan does not close by this date, this commitment shall automatically expire Without further notice, unless otherwise Specified by Lender. The closing of the Loan will be at the location specified by Lender. 14. Conditions Precedent to Closin[i: Closing is contingent upon, among other things, satisfaction of each Of the following conditions precedent: a) b) Borrower shall have complied with all of the terms and conditions set forth herein and in the attached Standard .Terms and Conditions. There shall have occurred no material adverse change in the financial condition or operations of Borrower since the Borrower's audited financial statements dated June' 30, 2003. c) BOrrower shall provide evidence of an alternative space from which to conduct school operations in the event of delays in constructing the new facility. Evidence must be satisfactory to the Lender, and shall show proof of adequate alternative space for use as a school through the end of the academic yea~ ending June 30, 2004. 15. .Standard Terms and Conditionm The attached Standard Terms and Conditions are an_ integral part of this Commitment. The'Standard Terms ahd Conditions shall not in any way minimize or diminish any of the requirements, terms or conditions herein set forth, but shall be interpreted so as to augment, supplement and complement said requirements, terms, and conditions. 4832 940101J SAM PC DOCS.//425109 ' t~ts co~nmitrnent S ..RATION .' be legall to th~ DEL~'~B~CNToN A~:)EMY, INC. ..... Name:'..7 ~.~"¢)':~.""- Title: '/--".,YL"=~O77~ ~'- J~,~ ~'C.'")~ .... prance.b?. ,.~;.re.'i:';elVed by Lencer on or 4833 ~401011 SAM PC DOCS,~ 425109 6 IX. New Business 4834 Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Revised Direct Incentive Program February 26, 2004 This is the newest revision for our Direct Incentive Program. You have seen this concept almost a year now. This draft does have some re-writes to cladfy the process. I will say that this issue is the major issue facing US housing today, This issue drives sprawl in Palm Beach County. The CRA can build on this Program with matching sources. I recommend that the CRA step forward with this amendment to assure a livable, mixed income CRA Redevelopment Area. 4835 DRAFT City of Boynton Beach Community Redevelopment Agency Direct Incentive Program ReviSed 2/26/2004 The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Accordingly, this Program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this Program, projects' which directly compete with existing projects, or that do not open new markets or that do not set new higher project quality standards in the view of the CRA, may not receive maximum consideration. The dream of home ownership or affordable housing rental is on the brink of becoming an endangered species for many American families. The dream is becoming elusive because many moderate income families cannot qualify for a mortgage or afford the monthly payments. Wages are insufficient which puts these families 30% over the 4836 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 1 of 19 required 32% average house payment to income ratio. A rapidly growing population, flat growth of incomes and growing housing prices are some of the variables that have contributed to this new reality. In response to this emerging plight, many programs have surfaced under many names: Work Force Housing, Affordable Housing, Low Income housing, etc. Whatever the labels attached to such programs, the common underlying trend is the attempt to make housing affordable to the moderate to median income level population. Boynton Beach and its residents are not shielded from this plight. In light of the recent redevelopment, and real estate appreciation approaching 14% annually, the challenge of Affordable Access Space is an immediate reality. A common misconception is that this issue of affordability is only residential and one dimensional. Traditionally, when faced with an aggressive redevelopment plan, cities use Iow income housing as the only measure of the total aid which they provide to the displaced. Little or no thought is given to the local business community. Many times the local flavor of most cities disappears when the unique local business base is displaced. New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a redeveloped area is contingent upon gradual increase in overhead not an immediate and drastic increase in their fixed costs. It is a proven.fact that it costs less to keep a quality customer than it costs to secure a new one. The same premise could be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. While new businesses are attractive, it will take them time to build a customer base and a loyal following. The opposite is true of the existing businesses that already have brand loyalty. An Affordable. Access Program rewards a developer for making available a percentage of the project at below market rate to create an opportunity for a local business with its built-in customer base to remain is a win-win solution. 4837 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26104 Page 2 of 19 In an effort to provide a more comprehensive community benefit program, the CRA Direct Incentive Program requires an Affordable Access component be addreSsed by applicants. This Incentive Program seeks to better the public elements in private development projects therefore; projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (sidewalks, alley and streets do not qualify.) These elements will be conSidered as part of "Project Quality" scoring. Projects will be scored by Program Criteria, which is defined in the Program Guidelines. The Project's score will' determine how much, if any, of the eligible incentive the Project may receive. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION* OF THE CRA BOARD. 4838 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 3 of 19 TABLE OF CONTENTS I. PROGRAM GUIDELINES Page 5 I!. PROGRAM SCORING CRITERIA Page 6 III. PROGRAM ADMINISTRATION Page 8 IV. INCENTIVE PROGRAM APPLICATION Page 12 V. CRA NOTES & BOUNDS Page 14 VI. MAP AND BOUNDRIES Page 16 VII. CONTACT INFORMATION Page19 4839 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 4 of 19 PROGRAM GUIDELINES SUMMARY · The Project must be in the City of Boynton Beach CRA Area as defined at the time of application and approval by the CRA Board. The Applicant must be the majority owner (the oWner having the greatest percentage of ownership) or authorized agent of the majority owner in the Project. · All property taxes, fees, city/county liens owed by the Applicant must be paid and current. · The Project is required to be over $2,000,000 in projected new assessed taxable value upon completion. However, projects in the Heart of Boynton area need only exceed a threshold of $500,000 for consideration. · The Project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times the corresponding year's incentive dudng the incentive period. This impact analysis is waived in the Heart of Boynton area. · The Project shall contain Affordable Access elements sufficient to score a minimum of 2 points to qualify for any incentives. · Projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (required sidewalks, alley and streets do not qualify.) These elements will be considered as part of "Project Quality" scoring. · The duration of the incentive shall be no longer than 10 years. · The incentive will generally not exceed 50% of the CRA TIF revenue directly generated by the Project during the incentive pedod. · No incentive (in any one year) shall exceed 75% of the new annual TIF revenue directly generated from the Project for that year. · Projects may be phased; however each phase must meet program thresholds. · Projects must score at least 50 points on this application to qualify for incentives. 4840 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 5 of 19 PROGRAM SCORING CRITERIA · Project Size (total new assessed value) (up to 20 pts). For the purpose of application scoring, the new assesSed value projection shall equal the Project's projected appraised value (established by third party appraisal or feasibility study) minus any projected homestead exemptions, times 90%, minus current assessed value of the Project site. 1. $2,000,000 to $9,999,999 (5 pts) 2. $10,000,000 to $24,999,999 (10 pts) 3. $25,000,000 to $49,999,999 (15 pts) 4. $50,000,000 plus (20 pts) Heart of Boynton Area (only). 1. $500,00 to $999,000 (5 pts) 2. $1,000,000 to $1,999,999 (10 pts) 3. $2,000,000 to $2,999,999 (15 pts) 4. $3,000,000 plus (20 pts) · Type of Project (up to 20 pts) - Preferred use criteria. Evaluation of the Project is based on its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following uses. 1. Mixed uses with residential component 2. Mixed uses with office component 3. Hotels/Conference Centers 4. Multi-story professional-retail buildings (business and financial services) 5. Medical & Health care services 6. Multi-story office-retail only buildings with the following type of retail tenants: a. Restaurant/Specialty Foods b. Entertainment c. Art galleries d. Apparel 4841 e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 6 of 19 7. Retail only buildings with a minimum of four tenants (from the above list) 8. Multi-Family fee simple ownership units - (Heart of Boynton area only) 9. Stand alone Live/Work configurations (rental or fee simple), (Heart of Boynton area only) Project Location (up to 20 pts)- Must be within the CRA area. 1. In the CBD Distdct oron Federal Highway South of C16 Canal & North of Woolbright, Boynton Beach Blvd. from the Intracoastal to 1-95 or on Ocean Ave., (Projects in these areas are high impact and have the highest visibility). (10 pts) 2. The Heart of Boynton area - (20 pts) Economic Impact - (up to 20 pts) 1. Projected Economic Impact over the incentive period of 20 to 49 times the incentive - ( 5 pts) 2. Projected Economic Impact of 50 times the incentive or more - (10 pts) 3. Economic Impact Studies are waived in the Heart of Boynton area and assigned 20 pts. Affordable Access Incentive (up to 20 pts) (Mandatory Minimum Score of 2 pts) 1. Scoring (See Scoring Graph) Single Use Type of use Score Two Uses Type of use Score Type of use Score Three Uses Type of use Score Type of use Score Type of use Score Total SCore 4842 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 7 of 19 Project Quality - (up to 40 pts) 1. Point allocation based on project architecture, landscape features, public amenities, innovation, quality, overall contribution to the Community, etc. Project sites over 87,120 square feet (two acres) are required to have public amenity features. PROGRAM ADMINISTRATION Upon approval by the CRA Board and completion of required documents and execution thereof, the program will be generally administered as herein outlined. Specific guidelines will be contained in final program contract documents. Establishing the Project's New TIF Revenue Eligible for Incentive: The Annual TIF Revenue eligible for the Direct Incentive Program shall be established by subtracting the tax revenues received in the year the agreement is approved and signed for the project site(s) from the actual new annual revenues received by the CRA. This new revenue increment is then multiplied times the Program's Incentive Percentage. The Incentive is calculated each year based on actual tax revenues received, Establishing the Projected Incentive Percentage: Each completed Application will be scored by the CRA Board in a public meeting. Point scores by the CRA Board members from each of the six criteria elements will be individually averaged. The averaged element scores will be added together to determine the total application score. This score will be expressed as a percentage; the "Project Score Percentage". This Project Score Percentage is then multiplied by the Incentive Program Percentage of 50%. The Incentive Program establishes 50% as the maximum percentage of direct project TIF Revenues available to the Applicant. This resulting percentage is the Incentive Percentage. For example; a Project Score of 100 pts or more equals 100%. The Project's 100% is multiplied by the Program's maximum Incentive percentage of 50%. The resulting 50% is the Project's Incentive Percentage. City of Boynton Beach 4843 Community Redevelopment Agency Direct Incentive Program 2_/26/04 Page 8 of 19 Example #2:70 pts scored by the Project equals 70% of the 50% for a 35% Incentive Percentage. Establishing Annual Incentive Amount: The Project's Incentive Percentage is multiplied times the new net TIF Funds received annually by the CRA which are generated by the Project to yield that year's Cash Incentive Amount. Note that incentives are defined as percentages of the new TIF revenue increment as it is collected by the CRA, therefore, any dollar figures calculated prior to project completion and its listing on the tax roll', are only estimates. Establishing Annual Incentive DisburSement Amounts for the Incentive Period: The incentive shall be normally disbursed in ten (10) annual installments after required actions have been completed by the Applicant, unless incentive funds are tO be paid prior to Project Completion. The Project Applicant may request that the Incentive be "Front Loaded" to respond to early Project needs. Generally, if approved, Front Loading will begin in the first year that tax revenues are received by the CRA. A Front Loading request for this Incentive Program does not mean funds loaned to the Project prior to completion and tax enrollment. The method of calculating "Front Loading" will be to project the ten year TIF Revenue to the CRA based on the first year's assessed property tax revenue times the Project's Incentive Percentage (Generated by the Project's score received from the CRA Board). The Annual Incentive Amount is adjusted to follow the "Front Loading" percentage schedule. The Front Loading Formula is: 75% first year and second years, 60% third and fourth years, 50% fifth and sixth year, 40% seventh and eighth year, and 25% ninth and tenth years. The percentage shall not exceed 75% of the new increment tax revenue for any single year; however, the cumulative incentive shall not exceed 50% of the new assessed increment's tax revenues over the entire incentive pedod. The taxable value is monitored annually prior to the incentive award to assure that any movement in value will be reflected in the calculation. 4844 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 9 of 19 Incentive Disbursement Schedule: The Earned Incentives will be dispersed no later than April 1st of the year following the corresponding tax year. Affordable Access Incentive: The following are definitions for the Affordable Access Incentive Elements: · Affordable Access Incentive rewards Projects for below market access by the public to a defined portion of the Project. The Affordable Access Incentive shall be scored by analyzing the amount of Project's set aside area eligible for discount pricing. The ratio of the Project's set-aside area and amount of discount will be plotted on the CRA Project Scoring Graph for Affordable Access to determine points scoring. · Uses shall be defined by three basic categories. Those uses shall be Residential, Commercial and Retail/Restaurant. Each use shall be scored separately for Affordable Access (amount of area and amount of discount) and analyzed using the appropriate matrix graph corresponding to the number of uses contained in the Project. Projects containing mixed uses shall have the Affordable Access Scores for each use added together for the Total Category Scoring. · The Project must score at least 2 pts in this Affordable Access category to be eligible for Direct Incentives. The maximum number of points for this category of the Direct Incentive Program shall be 20 pts. · Project Set Aside Percentage shall be defined as the area (square footage) available for market discounts divided by the total area (square footage) in the Project for the same type of usage. · Market Pricing shall be the average actual or projected market or retail price per square feet for each of the uses within the Project. · The Discount Percentage is figured as the discounted pricing per square foot offered by the Project divided by the average rental or sale rate per square foot of the like-kind area within the Project. 4845 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 10 of 19 Administration of Affordable Access Program by Project Owner. The, Applicant shall be required to qualify beneficiaries for the Affordable Access Spaces and report annually. The Project Applicant must qualify beneficiaries for the term of the requested Direct Incentive Program (up to 10 years). 1. Residential Rental and Sales (must be one of the following to qualify) a. Residential Rental- Individuals or families with household income ranging from a "Low Income of 80% Median Income to 120% of Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. b. Residential Sales - Individuals or families with household income ranging from a "Low I*ncome of 80% Median Income to Income 120% *Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. Unit Pricing for Incentive Units shall be priced so that buyers are able to qualify for unit purchase, Qualifying Income Percentage for home ownership is defined as 32% of the gross monthly income. The purchaser must keep the unit for a minimum of 36 months or pay any profit above the original Purchase cost plus a 3% annual inflation factor back to the CRA Program. The unit must be the primary full-time residence of the qualified buyer, 2. Commercial Rental, Retail or Restaurant (must be one of the following to qualify) a. Majority of business ownership owned by people and/or a corporation within Palm Beach County (business and/or franchise ownership). b, Existing business located within in the Boynton Beach CRA District. c. New local business with business owner(s) living in Palm Beach County. d. Minority Owned Business as. defined by SBA 8a Standards. 8a Business Ownership can be located locally, regionally or nationally. e. Affordable Access Restrictions run for the duration of the Direct Incentive Program. 4846 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/O4 Page 11 of 19 Public Amenities: Public amenities are defined as areas that have unrestricted public access for the life of the Project. Physical improvements that .may qualify are very broad to encourage project design innovation. Specific items which will not be considered as contributing public areas for scoring are sidewalks (10' wide or less), roads, utility R.O.W.s, alleyways, items solely required for safety/emergency access, etc. Public area designation shall be clearly identified by the Applicant on the Project's Plan. Their ultimate acceptance as qualified "Public Amenities" is solely at the discretion of the CRA Board. The public area 'information will include an element narrative description, a proposed structure for setting aside the area for the public use, area layout plan with square feet, cost estimates for construction, maintenance programs (at no public cost), etc. Public amenities must be set-aside by deed covenant and/or in Property Owners Association Declarations and/or other legal documents acceptable to the CRA. INCENTIVE PROGRAM APPLICATION The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the Program Application. The Application shall be forwarded to the CRA Office with a formal "Letter of Request" containing a narrative of the Project, reason for request, justification and a summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by 12 sets of the completed Project information (Electronic documents on CD are encouraged). · Project Applications shall be screened and reviewed by staff for completeness and non-subjective categories scored. · Staff or a selected Review Committee shall provide pertinent comments on the Project. 4847 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 12 of 19 · The review pedod shall not exceed forty-five (45) days from the date of the submittal of a completed Application. On or before the end of the 45-day pedod, staff shall either forward the Application, their findings and recommendations to the CRA Board for consideration at the next regularly scheduled meeting or request, in writing, that the Applicant provide additional information (A copy of the staff or Review Committee recommendation will be forwarded to the CRA Board and the City Commission/City Manager). · Upon consideration by the CRA Board, the Board shall take one of the following actions: ApProve, table, modify or reject the Application. The Applicant shall be notified in writing as to the Board's decision within 5 days. If the Application is denied, the Applicant may resUbmit a revised Application for reconsideration. Note that any direct or indirect lobbying of the CRA Board will result in disqualification of the Applicant from the program. Project Information: · Applicant Information 1. Applicant (Majority Owner) Name. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax, Email Address. 4. Contract Person's Name, Title, and Contact Information. 5. Attach a Bdef Resume on the Applicant and Principals (Exhibit "A"). · Project Information 1. Project Description (One Page Narrative) · Project Location · Size - area and appraised value · Zoning · Uses (commercial, residential, mixed use, etc.) · Square Footages of Uses · Amenities · Features - construction finishes & materials, colors, etc. 2. Plans (if not previously CRA approved) - site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") 4848 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 13 of 19 ~ Project Status (for example, has the project been submitted for Initial Site Review, Site Plan Approved, Permitted, etc.) Project Timetable with Projected Dates. Feasibility Study Summary - (A copy of the study's summary conclusions dated within the last six (6) months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third' party firm. The Study shall be based on appraisal, market conditions, comparable projects, financing and all factors affecting the development of a stand-alone project, without the inclusion 'of incentives. Property value and inflation increases shall be no greater than 3% annually. MAI Appraisal Summary - (A copy of the appraisal's summary conclusions dated within the last six (6) months prior to the date the Application is filed with the CRA office.) MAI Appraisal of the current land and any improvements as is and the Project's projected value upon completion. Economic Impact Study - (A copy of the study's summary conclusions dated within the last six (6) months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. This study requirement is waived for projects in the Heart of Boynton area. Affordable Access Commitment and Calculation. Define each usage Set Aside Area and define Market Discount Pricing. Public Amenity Feature - Projects of 87,120 square feet (two acres) are required to provide a "Public Amenity Feature" (sidewalks, alleys and streets do no qualify). Highlight the feature design, placement, cost, etc. The request for incentives and application, if approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the Project. 4849 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/O4 Page 14 of 19 The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directors. 4850 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 15 of 19 MAP AND BOUNDRIES 4851 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 16of 19 CRA Area 1 in. = 1,00 miles 4852 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 17 of 19 4853 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 18 of 19 CRA CONTACT INFORMATION CRA Director: Address: Office: Douglas Hutchinson 639 E Ocean Ave, Suite 107 Boynton Beach, FI 33435 561-737-3256 Fax: 561-737-3258 E-Mail Hours: hutchinsond~.cLboynton-beaCh.fl.us 8:00 AM - 5:00 PM Monday - Friday 4854 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 2/26/04 Page 19 of 19 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: Date: Consideration of the Business Genesis Program February 26, 2004 The Business Genesis Program is ready to move forward. The demand has been . overwhelming for this Program. Staff has fully restructured the operating plan. The plan uses two Selection Committees to identify both the volunteer mentors and to select the first year's Business Genesis Participants. Paid consultants have been repiaced with volunteer mentors. Program Partners are the Chamber, FAU & FAU Cure. The CRA is the coordinating body and sole funding source. Additional grant and sponsorship funds may be secured, however, are not considered in budgeting at this time. Our current budget has funding for this-proposed Program. The Program includes a Development Fair to bring together CRA Area developers with Boynton Beach business owners. The goal is to ensure local businesses have a significant presence in the CRA Area redevelopment projects. Staff would like to move forward with the Program execution. 4855 BOYNTON BEACH CRA AREA BUSINESS GENESIS PROGRAM 4856 Revised 2~25~04 BUSiness Genesis Program Page 1 of 35 Business "Genesis" Program Premise: The "New Urbanism" many times lacks the reality of providing for basic needs that were traditionally found in historic downtown "Main Street" urban centers. These needs have been pushed aside for boutique shops, national credit tenants, high-end services, and up-scale restaurants. Often the small, local businesses which used to deliver needs-based products, services and more importantly the charm and unique character of the community are removed from redevelopment areas in favor of outside boutique stores and services. Further, many times cities' development codes for "New Urbanism" in redevelopment areas exclude manY "Needs Based" businesses instead of creatively incorporating them into the new redevelopment fabric. The trend to remove local existing businesses is fueled by the fact that many of those businesses affected by redevelopment do not evolve with redevelopment market trends. Therefore, the two-fold impact of physical redevelopment, the change embedded in the ~New Urbanism" trend, and lack of response by existing ~Needs Based" business creates an unfavorable economic environment in which these businesses cease to exist. As a result, the redevelopment area has plenty of high-end restaurants and shops, but is left lacking in basic services to support a truly viable and sustainable urban city. It is now acknowledged by many planning practitioners, developers and communities that these very businesses are the necessary cornerstones for a successful redevelopment effort. It is a proven fact that it costs less to keep a quality customer than it costs to get a new one. The same premise can be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. While new businesses are attractive, it will take them time to build a customer base and a loyal following. The opposite is true of the existing business as they already have brand loyalty. The Business Genesis Program therefore will provide a substantial benefit not only to the local existing businesses, but also to the developer and the community. 4857 Business Genesis Program Page 2 of 35 Economic realities and strategies must address the issue of economic feasibility from both the business and developer/landlord perspectives. Economic concepts for enabling retention in redevelopment areas are: · Business Genesis Program: The Business Genesis Program has been created to make businesses more profitable to, in part, be able to pay higher rental rates found in Redevelopment Areas. · Direct Developer Incentives to provide below market rental rates: New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a redeveloped area is contingent upon gradual increase in overhead; not an immediate and drastic increase in their fixed costs. The CRA's Direct Incentive's Affordable Access elements reward developers who make available a percentage of the project at below market rate, thereby creating an opportunity for a local business to remain and/or be created. · Economic Development Grants: Grants for capital improvements have been secured to reduce overhead costs. The Development Regions Grant Program, which is a matching grant Program through the Boynton Beach Community Redevelopment Agency and Palm Beach County Economic Development Office, is designed to stimulate economic growth and increase business opportunities. The project must create jobs which will improve the quality of life for local citizens. Eligible business projects are start-ups or existing businesses which are involved in relocation and/or expansion, plans to purchase/lease/occupy/build or renovate property and to hire new and/or retain employees. The applicant can apply for reimbursement for the following eligible activities: acquisition of real property, construction, renovation, site development cost, impact fee payment, machinery/equipment and public improvements such as parking, lighting, beautification, infrastructure and a fac,,ade Program. Business project owners must match the County and CRA funds. County funds cannot exceed 30% of the project cost and the CRA funds are a minimum 15% of the project cost. Each project must create permanent full-time/equivalent positions and maintain jobs for a 'minimum of 24 months. Each project may request $20,000 in grant funds ($10,000 County and $10,000 CRA) for approved project uSes per each full-time/equivalent job created. The Program has a maximum combined grant total of $100,000 per application. Special Loan programs: Sources will be identified for lending sources supportive of the Business Genesis Program. The banking and investment community will be bdefed on the Program's mission and participants' potential needs. 4858 Business Genesis Program Page 3 of 35 Mission: To create a Mentodng Team of highly qualified/successful/active business professionals to one- on-one counsel a targeted group of interested local businesses. To facilitate and encourage business development for improvement of core competencies of existing businesses in the Central Business District and the Heart of Boynton District to ensure that they can surVive and flourish once proposed redevelopment for the area is a reality. To create a Program that measures the impact of redevelopment on local, existing, "needs based" businesses before, dudng and after redevelopment activities. Goals: · To increase the survival rate of existing and "needs based' businesses in the Redevelopment Area. · To provide'businesses with the tools and resources necessary to compete successfully with the new companies that are typically attracted to a redeveloped area. · To provide accurate data reflecting the effect of CRAs on redevelopment neighborhoods (historically not measured). · To provide the Business Genesis Program consulting resources free of charge to participants. · To provide impact findings as a benchmark to organizations nationally. 4859 Business Genesis Program Page 4 of 35 Genesis Operating Plan Program Description: Business Genesis Program is proposed as a Business Development Program that has two functions. The Program is first concerned with the maintenance and survival of the existing businesses in the areas targeted for redevelopment. Secondly, the Program will generate data for a realistic assessment of how redevelopment truly affects local businesses in the CRA areas. In light of the proPosed redevelOpment of the CBD and Heart of Boynton areas, the business development program is designed to identify the strengths and weaknesses of individual businesses and design tools that, if followed, will help to secure a future in the area and compete effectively with new businesses that relocate to the area. It will assist businesses to develop an awareness of changing trends, demographic needs and help to .capitalize on opportunities created by the impending redevelopment. The Program by design, funding and implementation will be a joint venture among several partners. Some partners that have initially been identified are the Boynton Beach Chamber of Commerce, Florida Atlantic University CURE (Center for Urban Redevelopment and Education) and The Small Business Association for Micro Business. The Partners will serve as a conduit for qualified and interested Business Mentors as well as provide selection panelists. Florida University CURE will bring to the partnership the ability and the technology to analyze and quantify the program data. They have also been identified as a source for Graduate Interns who will assist the selected businesses with the hands on logistics of implementing the programs recommended by the Business Mentors. The Small Business Association and FAU CURE will also serve as an additional resource for the Businesses who have been identified as needing traditional business training. These organizations have existing business training programs that have a proven track record. 4860 Business Genesis Program Page 5 of 35 The Boynton Beach Chamber of Commerce will be a resource of successful Business Mentors to help small and emerging businesses downtown and in the Heart of Boynton area. In addition, the Chamber will help choose mentors and assess business surveys to select the round one Business Genesis participants. The Chamber will also help to identify and secure other business resources, classes, etc. for the Program Participants. The Chamber will aid in the design and implementation of the Development Fair which is an event to introduce local businesses (in the entire Boynton area) to CRA developers in an attempt to showcase opportunities in the redeveloped CRA Areas and to introduce businesses to the projects coming on line. The CRA Director and Staff will serve as the coordinating body for the Program. Along with the development and maintenance of Program documentation, the CRA will serve as a liaison among the Partners and mentors. The CRA will be a matching funding source of sponsorship and grant dollars. The logistics, as it relates to the operating of the program, will fall under the responsibilities of the CRA. Those responsibilities will include: three positions (the CRA Director, Administrative Assistant and Volunteer Board Member) on the Business Mentors Selection Panel, providing three positions (the CRA Director, Administrative Assistant and Volunteer Board Member) on round one Business Genesis Participants Selection Panel and maintenance of the electronic tracking system used by the Business Mentors to document their one-on-one activities with the Program Participants. The CRA shall market the Program, seek Sponsorships/Grants/Matching Funds and Resources and be the Public Relations Partner. Selection of Business Mentors: The CRA Staff, Chamber of Commerce, FAU and FAU Micro will seek Mentors from the region and gather background resumes and references from perspective participants. The Selection Committee of seven (7) for the Mentors is proposed to be comprised of one CRA Board Member, two CRA Staff, the Executive Director of the Boynton Beach Chamber, FAU/FAU Micro and the President of BODA. At the invitation of the Selection Committee, interested persons would submit a letter of interest citing their qualifications and the reasons he or she feels inclined to be a mentor in the Program. Third party references and recommendations will be required. 4861 Business Genesis Program Page 6 of 35 The final mentodng team will reflect a group of innovative thinkers who understand that it is critical to approach this project from a non-traditional scholastic approach. Selection of the Business .Mentors is based on years of experience and their insight on many levels of business operations. While it is worth mentioning that the team will rank among the best as it relates to success as a business owner, background and credentials, what is most significant is their record of accomplishment of business results. Teams will be created based on the area of specialization of each Mentor. This will ensure minimal duplication of efforts and that all the areas of need identified by the survey are addressed. Business Selection Plan: The Business Genesis Program is targeted towards a select group of businesses in the redevelopment area of the CRA (see map). ^ detailed list of all businesses in the target area has been compiled (attached). These businesses will be surveyed to gather basic data, determine their business concepts, future goals/direction and willingness to participate. These surveys will be completed with assistance from the Program's Business Mentors. The surveys will be assessed based on the list of criterion to generate a "short list" of the prospective first year participants. The c, dteda are as follows: · The business may be an existing or start up small business. · Business must be located in the CRA area. · Business location in BODNCBD and HOB Area. · Business located in Buildings to be removed. · Businesses that serve, match or enhance the future of their area as defined by future use tables from the City of Boynton Beach appropriate to each specific area. · Locally owned businesses (Majority ownership resides in Palm Beach County). · The business is not a franchise entity. · The business is a small business which for this Program shall be defined as having no more than 75 employees and $5,000,000 in gross annual revenues. · Business commitment to participate. 4862 Business Genesis Program page 7 of 35 The businesses will be interviewed for final selection by a Panel consisting of the CRA Director, the Program Manager, one CRA Board Member, FAU, FAU Micro Business Program, the Chamber of Commerce Executive Director and the Program's volunteer Mentors. The first group of business finalists will be set not to exceed twenty (20). The final list is anticipated to be from ten (10) to sixteen (16). Since the success rate of the participants will be critical to future Program continuation, the CRA's preference is to work with a smaller group to ensure that the Program's funding effort is spent in the most effective manner. Several constraints dictate that such a focused group should be used for the first year of the Genesis Program. First, limited initial funding will affect the Program size. Second, the Program is designed for Program Business Mentors to spend quality time; "one-on-one" with the businesses. Thus, a smaller number of participants will make it possible for the Business Mentors to spend more time with the owners and be more responsive to their needs. To maximize the business mentor's time and other limited program resources, graduate level interns will be available to assist the businesses with more time- consuming projects. Program Consulting Delivery Concepts: Historically, many of the existing Programs available to businesses require time away from their place of business on a regular basis and provide no assistance in solution management and implementation. The Program's highly experienced Business Mentors are "hands-on." They are expected to develop close bonds with the participants. The Mentodng Team may suggest the participants attend workshops, existing Programs and/or other available resources in support of their business's growth; however,, the primary focus of the team is to bring significant insight and analytical tool sets to the business, which are normally unobtainable for small niche entities. This comprehensive strategic vision provides the participants with concepts, knowledge, solutions and the ability to execute; thereby not only being a success, but also becoming a result orientated business over achiever. The businesses will be required to spend a minimum of two hours per month with team Mentors. The Business Mentors shall meet monthly with each participant; this may be one or more team 4863 Business Genesis Program Page 8 of 35 members at a time. Business Mentors will have hours available for contact at a minimum of two days a week and at approximately two hours per day or as hours are needed. Once a month, a one hour roundtable meeting will be held with all participants and Mentor Team members to exchange success, failures and things learned over the past month. The Mentoring Team will track the business's progress and develop in conjunction with CRA staff and FAU interns a confidential electronic data file on each participant. This will better direct team member resources and serve to evaluate overall Program success. The team members will meet monthly to review, update, and add to the participant's file. This meeting will be held just.prior to the monthly roundtable. Participant Commitments and Requirements: Each participant, after the initial meetings with the team members, will be assisted in developing a strategic vision and establish measurable goals. The business's beginning reference points and end points will be recorded and analyzed for evaluation of the. project's effectiveness. Monthly meetings to review these indicators will help direct Business Mentors, resources, etc. Businesses that do not, in the opinion of the Mentoring Team and the Selection Committee, sustain a concentrated effort will be dropped from the Program. However, the team shall make every effort to encourage continued participation and will document its ~concerns and attempts to remedy. A participating business shall demonstrate the following: · Requires willingness-to openly share confidential information with Business Mentors. · Boynton Beach Chamber Membership and/or Boynton Ocean District Association Member (If location is within BODA boundaries). · Proper time management to meet with the Mentoring Team each month. · Be open to act on recommendations from the Team. 4864 Business Genesis Program Page 9 of 35 Program Phasing and Scope of Work per Phase Phase I. Design Surveys: (Completed) The initial business survey has been designed by the CRA Staff to identify current effective and ineffective trends, overall performance, and needs of each business. Target area businesses shall have one-on-one assistance by the CRA to ensure completion if needed. CRA Staff and the Program's Partner will develop a Program Evaluation format to measure Program Elements. The Program will be evaluated at different junctures of the Program's life cycle to provide "mid" point analysis of impacts better tract impacts. Program Evaluation Periods · Current Status · Year One · Year Three · Year Five Phase I1: Participant Survey Analysis and First Year Participant Selection (1 month) This phase of work will entail the compilation of the data from the completed business surveys with a summary of results to be completed by staff and intems within three weeks of the proposed response deadline. They will be ranked as to the Program participation criteria and general business aspects by CRA staff. This ranking will be reviewed by the Selection Committee and Mentoring Team. The final twenty will then be asked to complete a Phase Two Survey (attached). After evaluation, ten (10) to sixteen (16) Participants will be selected by the Selection Committee and the Mentor Team to be invited to enter the Program. Phase II1: Detailed Business Analysis of Participants: (1 to 1.5 months) Businesses committed to and selected for participation in the Business Genesis Program will be contacted and an .appointment will be scheduled with the Business Mentor Team for the purpose of review of the Phase Two Survey and to complete the business's Program profile. The Team shall contribute notes, observations and narratives for CRA staff and interns to create a plan of action for each business. Each Business Owner will be asked for a commitment for the 4865 Business Genesis Program Page 10 of 35 agreed-upon plan of action and will establish an estimated time frame. The program begins as the mentor's meet with the businesses to more specifically discuss needs and initiate suggested plan of action (i.e., the marketing specialist will assess marketing needs and develop a marketing strategy for the business, etc.) Phase IV: Program One-on-One Consulting: (14 months) Business Mentors will set aside visitation hours and dates to deliver the Program's established range of consulting. Individualized aSsistance will be provided with a combination of Business Mentors through ongoing meetings and coaching sessions with business owners. Owners may have activities to complete to fulfill the requirements, of the Program in between scheduled sessions with Business Mentors. Business Mentors will be available for phone consultations with business owners dudng set hours. The CRA with the support of FAU interns will develop a confidential participant data file to track progress, issues and needs. Team members will meet monthly to review each client's progress. A closed, secured and confidential online database will be developed to track progress of Program and individual businesses, as well as to provide a vehicle for the Business Mentors to have real time access to information regarding the details of all assistance given to each business. Workshop resources on specific topics pertaining to the needs of business owners will be identified such as the Chamber of Commerce, Flodda Atlantic University, SBA, The Palm Beach Resource Center, etc. Phase V: Program Evaluation Survey and Analysis: (2 months) Client files and evaluations by the team members will be used to identify the quantitative goals reached. A written report on the Program's results will be due no later than September 1st, 2005. 4866 Business Genesis Program Page 11 of 35 Event: Local Boynton Beach Businesses and identified CRA Developers will be asked by the Program to attend a "Development Fair." Note that inviting all local Boynton Businesses may bring additional local Businesses into the CRA area, therefore, the fair's business invitation is anticipated to extend beyond the CRA Area. The Development Fair will be designed as an interactive exchange between existing/potential CRA Developers and local business owners. Attendees will get the opportunity to meet the developers and discuss the potential of their business becoming a part of new development projects. Developers will have the opportunity to get to know local Businesses interested in the redevelopment area. The Business Genesis Program and Incentive/Grant Program will be presented to better brief both groups (Businesses and Developers). At the Event, qualified CRA Busi.nesses will have the opportunity to fill out Phase I Survey for consideration for selection into the Business Genesis Program. 4867 Business Genesis Program Page 12 of 35 Program Time Line: Phase Phase I Survey Design Phase II Survey Analysis & 1st Participants Selection Development Fair Phase III Detailed Business Analysis of Participants Phase IV Program One-on-One Consulting Phase V Program Evaluation Start Date October 2003 April 2004 April 2004 May/June 2004 July 2004/August 2005 August/September 2005 & 1st Pa~ Phase lib Developrner~ ~ III Detailed Business Analysis of =adiciloenls >base ~ Program One..o~~ I.ne_ Consalt~ag Phase V Program 486'8 Business Genesis Program Page 13 of 35 Business Genesis Program Budget: Program Delivery Cost $7,750 · Phasel $-0- · Phase II $ 300 · Development Fair $1,250 · Phase III $ 200 · Phase IV $3,500 · Phase V 5OO 1,500 75o $7,750 Completed Misc. expenses 14 Monthly Mentor's Roundtable Meetings & Expenses at $250 Miscellaneous expenses, copies, etc. Graduation Event Office Expenses, Miscellaneous, Postage Total Costs 4869 Business Genesis Program Page 14 of 35 ii / 4870 Business GenesLs Program Page 15 of 35 Business Genesis Program Page 16 of 35 BOYNTON BEACH BUSINESSES South Trust Plaza Healthy Mothers, Healthy Babies 211 S Federal Hwy Boynton Beach, FL 33435 Asset Foundry-Software Development 211 S Federal Hwy Boynton Beach, FL 33435 Best Health & Homecare, Inc. 211 S Federal Hwy Boynton Beach, FL 33435 JMS Design Architect 211 S Federal Hwy Boynton Beach, FL 33435 The Beauty Institute 211 S Federal Hwy Boynton Beach, FL 33435 Basic Insurance Group 211 S Federal Hwy Boynton Beach, FL 33435 Seitz Pediatrics 211 S Federal Hwy Boynton Beach, FL 33435 401E Boynton Bch Blvd ABC Rentals 401 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fred & Joe's Tire Center 319 E Boynton Bch Bivd Boynton Beach, FL 33435 DJ's Restaurant 301 E Boynton Bch Blvd Boynton Beach, FL 33435 4872 Business Genesis Program Page 17 of 35 736-5969 733-9366 752-9888 735-9990 374-9383 734-1881 734-1888 739-9888 732-4102 732-5172 Palm Beach Eyes 211 E Boynton Bch Blvd Boynton Beach, FL 33435 Main Street Car Wash 201 E Boynton Bch Blvd BoyntOn Beach, FL 33435 Kevin LaMontagne - Attorney-at-Law 125 E Boynton Bch Blvd Boy'nton Beach, FL 33435 109 E Boynton Bch Blvd A1A Discount Beverage & Liquor 109 E. Boynton Beach Blvd Boynton Beach FL 33435 Lucky Chinese Take-Out 109 E. Boynton Beach Blvd Boynton Beach FL 33435 G & C Pawnshop 109G 109 E. Boynton Beach Bird Boynton Beach FL 33435 The Consignment Shop 411 E Boynton Bch Blvd Boynton Beach FL 33435 Magic & Comedy of the Taylors 413 E Boynton Bch Blvd Boynton Beach. FL 33435 Jubilee Church of Boynton Beach 415 E Boynton Bch Blvd Boynton Beach FL 33435 Sal's Poppa Pizza 417 E Boynton Bch Blvd Boynton Beach FL 33435 Randall Ebling - Chiropractic Physician 209 W Boynton Bch Blvd Boynton Beach FL 33435 4873 Business Genesis Program Page 18 of 35 732-8088 734-7608 732-0100 738-5616 742-4210 736-1616 736-8767 740.-0907 364-4824 733-8446 732-1540 BB Chiropractic Center- Dr Floyd Beil 213 W Boynton Bch Bivd Boynton Beach, FL 33435 Hair Avante - Hair Salon 225 W Boynton Bch Blvd Boynton Beach, FL 33435 Lloyd's Plaza, W Boynton Beach Blvd 735-0907 736-2995 American Latin Market, Inc. 401 VV. Boynton Beach Blvd. Boynton Beach, FL 33435 A Auto Insurance Wodd Ste 405 405 W. Boynton Beach Blvd. Boynton Beach, FL 33435 BJ'S Coin Laundry Ste 1404 1404 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Law Offices 413 W Boynton Bch 81vd Boynton Beach, FL 33435 Capt Franks Seafood 435 W Boynton Bch Blvd Boynton Beach, FL 33435 Attorney Alternatives 444 W Boynton Bch Bird Boynton Beach, FL 33435 Citadel Chiropractic 444 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Telecom Connection 433 W Boynton Bch Blvd Boynton Beach, FL 33435 A Better Choice - Cremation Service 432A W Boynton Bch Blvd Boynton Beach, FL 33435 4874 Business Genesis Program Page 19 of 35 734-0092 737-7283 734-2835 736-3434 732-3663 731-0092 ~52-5354 265-1414 736-3335 332 W Boynton Bch Bivd Nationwide Insurance 332 W Boynton Beach Blvd Boynton Beach FL 33435 Alpha Diagnostic & Chiropractic 332 W. Boynton Beach Blvd. Boynton Beach. FL 33435 AJ Padners, Inc. 332 W. Boynton Beach Blvd. Boynton Beach FL 33435 Signature Signs 332 W. Boynton Boynton Beach & Graphics Beach Blvd FL 33435 Boynton Beach 326 W Boynton Boynton Beach Dental Center Bch Blvd FL 33435 Ali's Boynton Beach Oil Corp. 302 W Boynton Bch Blvd Boynton Beach. FL 33435 South Palm Beach Chiropractic Center 138 W Boynton Bch Blvd Boynton Beach. FL 33435 Cuts Plus 126 W Boynton Bch Blvd --,ton Beach. FL 33435 Weiss Mere,.,,._, ~---el 202 E Boynton Ei~U~..~ Boynton Beach, FL 33435 Tropical Realty 410 E Boynton Bch Blvd Boynton Beach, FL 33435 Bud's Carpet & Tile 416 E Boynton Bch Bird Boynton Beach, FL 33435 4875 734-0660 752-9099 735-4554 736-3712 737-6445 736-5565 733-9660 732-1333 737-0001 364-0404 732-7710 Business Genesis Program Page 20 of 35 Boynton Auto Supply, Inc. 422 E Boynton Bch Blvd Boynton Beach, FL 33435 Ace Hardware 510 E Boynton Bch Blvd Boynton Beach, FL 33435 The Haven Thrift Shops 212 E Boynton Bch Blvd Boynton Beach, FL 33435 All Pro Haircuts & Bikini Room 306 E Boynton Bch Blvd Boynton Beach, FL 33435 Boynton Bicycle Shop 312 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Roncare Service 312 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Asset America Insurance Agency 312 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Bruno's Auto Body & Paint 217 NE 3rd St Boynton Beach, FL 33435 Royal Palm Aluminum, inc. 321 N Railroad Ave Boynton Beach, FL 33435 Pioneer AutoCare 401 N Railroad Ave Boynton Beach, FL 33435 Boynton Auto Clinic 409 N Railroad Ave Boynton Beach, FL 33435 312 E Boynton Bch Blvd 4876 Business Genesis Program page 21 of 35 732-4171 732-2161 738-0785 369-5008 737-2774 731-5399 364-4011 737-7506 735-3288 375-7977 732-2228 Marlo Ferazzoli & Son, Inc. 419 NE 4th Ave Boynton Beach, FL 33435 Taylor Pneumatic Tool Co. 505 N Railroad Ave Boynton Beach, FL 33435 Merkel Glass Service, Inc. 555 N Railroad Ave Boynton Beach, FL 33435 The PrintingthOffice 1599 SW 30 Ave Boynton Beach, FL 33435 Milo Food Service Equipment Dist. 611 N Railroad Ave Boynton Beach, FL 33435 Boyd's & McCord, Inc. 623 N Railroad Ave Boynton Beach, FL 33435 Boynton Liquor Store & Hideaway Lounge 302 N. Federal Hwy Boynton Beach, FL 33435 Top Taste Restaurant 310 N Federal Hwy Boynton Beach, FL 33435 Happy Garden Chinese Take-Out 312 N Federal Hwy Boynton Beach, FL 33435 Friends Market Corp. 314 N Federal Hwy Boynton Beach, FL 33435 Family Dollar Store 316 N Federal Hwy Boynton Beach, FL 33435 The Boynton Beach Plaza 4877 Business Genesis Program Page 22 of 35 734-2010 732-1111 732-2510 732-2388 734-3150 734-3944 732-2431 735-0770 738-5555 737-4906 738-9377 Margy's Restaurant 404 N Federal Hwy Boynton Beach, FL 33435 G & I Beauty Salon 406 N Federal Hwy Boynton Beach, FL 33435 Leon's Furniture 408 N Federal Hwy Boynton Beach, FL 33435 Elegant Beauty Supplies 416 N Federal Hwy Boynton Beach, FL 33435 Sunshine Caribbean American Grocery 424 N Federal Hwy Boynton Beach, FL 33435 Manny's Music Wodd & Vadety 432 E Boynton Beach Blvd. Boynton Beach, FL 33435 NY Men's Clothing 438 N Federal Hwy Boynton Beach, FL 33435 Tropical Flavors 452 N Federal Hwy Boynton Beach, FL 33435 E-Z Wireless 454 N Federal Hwy Boynton Beach, FL 33435 Village Pawn Shop 456 N Federal Hwy Boynton Beach, FL 33435 737-5195 733-9141 752-5744 732-5404 732-0007 742-3833 732-5566 732-2990 752-2990 737-867O 4878 Business Genesis Program Page 23 of 35 Hurricane Alley 529 E Ocean Ave Boynton Beach, FL 33435 Dolphin Beach Sportswear 531 E Ocean Ave Boynton Beach, FL 33435 Fashion Shoppes Boutique 515 E Ocean Ave Boynton Beach, FL 33435 Oyer Insurance Harvey Oyer Jr., Inc. 511 E Ocean Ave Boynton Beach, FL 33435 Kenny's Market 214 E Ocean Ave Boynton Beach, FL 33435 The Blossom Shoppe Florist 402 East Ocean Ave Boynton Beach, FL 33435 Reflections Hair & Nail 404 East Ocean Ave Boynton Beach, FL 33435 Wellspring Massage & Aromatherapy Center 408 E Ocean Ave Boynton Beach, FL 33435 Ocean Pizza 412 East Ocean Ave Boynton Beach, FL 33435 Custom Made Furniture 1370 W Industrial Ave Boynton Beach, FL 33426 Southeastern Television Distribution 522 East Ocean Ave Boynton Beach, FL 33435 East Ocean Ave 4879 Business Genesis Program Page 24 6f 35 364-4008 7~-3~8 736-9977 732-9305 734-4047 732-3722 732-7679 732-6762 742-4958 752-8333 732-0034 Mrs. Hilda's Antique Shop 524 East Ocean Ave Boynton Beach, FL 33435 Tany's Tailoring 526 East Ocean Ave Boynton Beach, FL 33435 Pat's Accents 528 East Ocean Ave Boynton Beach, FL 33435 Rosetta's Hairstyling & Barber 530 East Ocean Ave BoyntOn Beach, FL 33435 Sailfish Realty 532 East Ocean Ave Boynton Beach, FL 33435 The Cottage Station 101 S Federal Highway Boynton Beach, FL 33435 Ocean Food Mart 101 N. Federal Hwy Boynton Beach, FL 33435 Coldwell Banker Residential Real Estate, Inc. 100 S. Federal Hwy Boynton Beach, FL 33435 Gonsman Custom Draperies 104 S Federal Hwy Boynton Beach, FL 33435 Rau's Decorating Centre 616 E Ocean Ave Boynton Beach, FL 33435 Reed, Gdffith & Moran 830 E Ocean Ave Boynton Beach, FL 33435 735-0333 738-8043 374-9040 369-8194 738-6613 364-2588 737.-6442 732-8841 732-8841 732-3800 737-1995 4880 Business Genesis Program Page 25 of 35 Community Title Associates, Inc. 632 E Ocean Ave Boynton Beach, FL 33435 John Hart Adams (Tax Consultant) 634 E Ocean Ave Boynton Beach, FL 33435 The Art of Framing 638 E Ocean Ave Boynton Beach, FL 33435 Ocean Ridge Jewelers 640 E Ocean Ave Boynton Beach, FL 33435 Art-Sea Living 640 E Ocean Ave Boynton Beach, FL 33435 The Fancy Flamingo 640 E Ocean Ave Boynton Beach, FL 33435 Skinsations 640 E Ocean Ave Boynton Beach, FL 33435 Fran's Sew 'n Sew, Inc. 640 E Ocean Ave Boynton Beach, FL 33435 Ocean Chiropractic Center Dr. Eric Hermann 640 E Ocean Ave Boynton Beach, FL 33435 Simpatico Color & Design 640 E Ocean Ave Boynton Beach, FL 33435 Martini Nails 640 E Ocean Ave Boynton Beach, FL 33435 Ocean Plaza 4881 Business Genesis Program Page 26 of 35 735-9737 732-6677 737-2299 738-1570 737-2600 735-8848 742-3223 734-1114 733-8500 733-8500 364-5951 Flowers By The Sea 640 E Ocean Ave Boynton Beach, FL 33435 The Lingede Boutique 640 E Ocean Ave Boynton Beach, FL 33435 Grooming By Holly 640 E Ocean Ave Boynton Beach, FL 33435 Past Perfect Florida History, Inc. 640 E Ocean Ave Boynton Beach, FL 33435 Sea Mist III Ddftboat 700 Casa Loma Bird Boynton Beach, FL 33435 Two Georges Waterfront Grille 728 Casa Loma Bird Boynton Beach, FL 33435 Banana Boat Restaurant & Lounge 739 E Ocean Ave Boynton Beach, FL 33435 Boynton Beach Boat Rentals, Inc. 700 Casa Loma Blvd Boynton Beach, FL 33435 Dive Charters International Inc 700 Casa Loma Blvd Boynton Beach, FL 33435 Intracoastai Jet Ski Rental 700 Casa Loma Blvd Boynton Beach, FL 33435 Loggerhead Enterprises 728 Casa Loma Blvd Boynton BeaCh, FL 33435 Marina Businesses 4882 731-4545 740-7717 737-0575 742-7822 732-9974 736-2717 866-1242 732-6010 278-0356 735-2149 585-6803 734-3818 735-0612 369-1114 Business Genesis Program Page 27 of 35 Splashdown Divers 700 Casa Loma Blvd Boynton Beach, FL 33435 Paul Fasola Hammer Time Fishing 1405 SW 25th Ave Boynton Beach, FL 33426-7425 Related Companies of Flodda, Inc. 2828 Coral Way Miami, FL 33155 Heart of Boynton Businesses The King's Kitchen Martin Luther King, Jr. Blvd. Boynton Beach, FL 33435 E-Z Market 1005 N Seacrest Blvd Boynton Beach, FL 33435 Turning Heads by Avchon 404 Martin Luther King Jr. Blvd Boynton Beach, FL 33435 The King Meat 126 Martin Luther King Jr. Bird Boynton Beach, FL 33435 736-0712 737-0258 685-1207 46O-990O 364-2888 733-4307 732-2027 742-1770 4883 Business Genesis Program Page 28 of 35 Boynton Beach CRA Area Business Genesis Program Survey Name Name of Business Business Address Business Address Phone NumberlFax/Email - Which of the following best describes your company's business structure? Self-Employed or Contractor C- Pdvate Partnership Privately Held Corporation ~-- Publicly Traded Corporation In what is your main business activity? Manufacturing Crafts Retail Store Wholesale IT and/or Intemet Professional Services Financial Services Other Services Other Describe your business: 4884 Business Genesis Program Page 29 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued How many people does your business currently employ? (Convert part-time jobs to full-time job equivalents by using the formula: one full time job equals 2080 hours per year per job) Count yourself. 1 Person either part or full-time 2-5 Full-time Equivalents 6-9 Full-time Equivalents 10-25 Full-time Equivalents 26-50 Full-time Equivalents 51-100 Full-time Equivalents Which of the following best describes how you feel about your busine=__~ (Check all that apply)? Excited Great Fair Cautious Unhappy Do not like change. Change is going to happen anyway, so I have no choice. Fearful of the future. No Views on this question. How would you rate your business's financial COndition? Has surplus funds and/or good access to additional capital. Has reasonable cash flows and/or could make strong case for more finance. Cash flow is tight but chances of raising additional finances are reasonable. Struggling to maintain positive cash fiow and prospects of getting additional finance are poor. Financial condition is critical/terminal. HoW would you characterize your management team relative to your business's size/potential? C- Exceptional experience, expertise and depth. C* Bit stretched but adequate coverage. C' Coping with some gaps. Weak with some serious short falls. C* Very poor and inadequate. 4885 Business Genesis Program Page 30 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued How would you rate your products in terms of price, quality, features and benefits? Very superior to most competitors. Superior to some competitors. ~-- In line with the competition. C- Inferior to some competitors. Very inferior to most competitors. How would you rate your services in terms of price, quality, features and benefits? Very superior to most competitors. Superior to some competitors. In line with the competition. Inferior to some competitors. Very inferior to most competitors. How strong/effective is the marketing function/thinking within your business? Marketing plays a leading role in the business's overall development. C' Marketing is an important part of the sales function. Marketing is weak and has very limited role/influence. Marketing function does not really exist. How would you describe the efficiency of your business's operations? Better than most competitors. Better than some competitors. C' In line with competition. Worse than some competitors. C- Worse than most competitors. How would you C' C' describe the cost competitiveness of your business's operations? Better than most competitors. Better than some competitors. In line with competition. Worse than some competitors. Worse than most competitors. 4886 Business Genesis Program Page 31 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued What do you feel would help your business the most (Check all that apply)? Sharpen my skills or consulting to help better my business Money Sources Less Government Regulations Better Employee Pool Less Competition More Customers Reduced Costs Are you interested in the Business Genesis Program? Yes .r-* No Why do you want to be considered as participants in the Business Genesis Program? What is the one thing you currently do best? What is the one thing that that could use the most work? 4887 Business Genesis Program Page 32 of 35 Boynton Beach CRA Area Business Genesis Program Survey Continued What is your hope for the future? 4888 Business Genesis Program Page 33 of 35 Boynton Beach CRA Area Business Genesis Program Survey Phase !i Name Date Name of Business Business Address Business Address Phone NumberiFax/Email How long has your business been in operation? What were your Gross Sales? 2003 $. 2002 $. 2001 $ What was your Gross Profit? 2003 $. 2002 $ 2001 $ What is your average gross monthly sales volume? $ What is your highest revenue generator? $ What is your average gross monthly expense? $ What is your highest monthly expense item? $ What is your current gross debt including all accounts payable and loans? $ What is your current gross assets including any real estate holdings, savings, and investments? For the most current year completed, how profitable is your business in terms of the profit expressed as a percentage of investment? Very Pr0ffiable (e.g. annual return above 25%) C' Moderately Profitable (e.g. annual return in range 10%- 25%) Limited Profitability (e.g. annual return below 10%) C' Break Even Loss 4889 Business Genesis Program Page 34 of 35 Boynton Beach CRA Area Business Genesis Program Survey Phase il Continued What are your annual costs for the following: Advertising/Marketing Raw Materials/Coat of Goocls Labor Overhead Mortgage/Rent Do you have labor issues or concerns? List the types of employees employed by your business and their required skills. What are the top three areas in which you need assistance? 4890 Business Genesis Program Page 35 of 35 MEMO To: From: Re: Date: CRA Board Douglas Hutchinson Special Pilot Program for Police Patrol in Heart of Boynton and the CBD. March 9, 2004 During the July 2003 Board Meeting, the Board directed Staff to develop a Pilot Program that addressed the security needs of the Central Business District and the Heart of Boynton District. During that same meeting, Chief Marshall Gage of the Boynton Beach Police Department presented three proposals to the Board. The presentation highlighted the Staffing levels and zones that are comprised within the CRA Area. While staffing has been increased in the Heart of Boynton Distdct as part of the regular services, the Chief felt that additional coverage would be necessary due to "Special Conditions in the Area." The proposal also noted that the terminated Bike and Foot patrol in the CBD could be resurrected due to citizen's request and the additional elements that exist during a redevelopment process. The Police report gave initial proposals ranging from $270,457 to $363,112 for each area. The current revised "Pilot Program" highlights and addresses several issues not brought to you before. · All officers and equipment will be outfitted with distinguishable uniforms and CRA logo. This will visually identify the teams as CRA Special units. · While the units are in CRA boundaries duty rotation they will be separate from general rotation and non emergency calls in other parts of the City. · The Program calls for four officers with two squad cars, two patrol bikes with necessary equipment, uniforms, office space with furnishings and supplies. 4891 The proposed cost of the "Pilot Program" is $75,000 for the Heart of Boynton Distriot and $75,000 in the Central Business District for the remainder of the 2003~2004 budget year. Each District has a proposed budget of $125,000 for the 2005~2006 and will be brought back to you for consideration at budget time. The possibility of using a private Service Supplier for these services was investigated. It was determined that using a private vendor, while cheaper, could have many adverse affects which Chief Gage will elaborate on during his report to the Board on March 9th. 4892 4893 4894 :MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Regions Core Grant Applications DATE: March 2, 2004 The Development Regions Grant Program was posted as a public notice. Twenty-six interested partieS contacted the CRA arid p~cked up the program application. The following two of the 26 interested appliCants have completed the application process. Boynton Delray Academy is building a new school at a projeCt cost of. $905,502.00. Boynton Deiray Academy has requested SE, O,000 from the County with a CRA match of $50,000 and will create five new jobs. Tropical Flavors II is a juice-bar/bakery, which will be tocate~l: in the Sunshine Square Center on the corner of Federal Highway and Woolbright. Tropical Flavors has requested $18,500 from the County with a CRA .match of $18,500 and will create two new jobs. The CRA Board approval of this grant is the first of a three-step Process and if approved the applications will be sent to the Economic Development Division for approVal and then to the Palm Beach County CommisSioners. Staff is recommending the approval of the gra~t for Boynton Delray Aoademy $50,000. Staff is recommending the approval of the grant for Tropical Flavors ii for 4895 X. Commission Action 4896 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. Xl. Board Member Comments 4897 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 4898 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. Xlll. Other Items 4899 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. x v. Future Agenda Items A. Consideration of Securing CBD Surface Parking Rights (April). B. Youth Community Improvement Grant (April). C. 2002/2003 Annual Report (April). D. Consideration of Pilot Program for Trolley Service in the CBD (May). 4900 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-73%3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xv. Adjournment. 4901 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,