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Agenda 05-11-04II. III. Call to Order. Roll Call. Agenda Approval. COMMUNITY REDEVELOPMENT AGENCY Tuesday, May 11, 2004 Commission Chambers Boynton Beach 6:30 P.M. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda 5117 A. Approval of Minutes of April 13th Workshop, April 13th Regular Meeting and April 15th Workshop. 5118 B. Financial Report. 5157 C. Consideration of Payment of $15,000 for the Fagade Grant Application for Grace Fellowship Church. 5172 5197 Public Audience VI. Public Hearing Old Business None New Business A. Annexation 5198 5112 Any person who decides to appeal any decision of the Comrnuaity 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 testLmony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessa~ to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-73%3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: B~nt (ANNEX 04-001~/~ Carlos"B_~e, Keith ~¢fbe, Inc. Hector Garci'a~ern Homes of Palm Beach IV, LLC West side of S/¢~th'~eral Highway, approximately one- quarter m~/s"outh of (~ie//Highway. Reques~,4o annex 2.46 acres,of property in connection with the re/qdest to build 48 fee-simple town homes and related site,iCnprovements. Land Use Plan Amendment/Rezoning Bayfront (LUAR 04-001) 1. PROJECT: AGENT: _~ Ballbe, Keith & Ballbo~. OWNER: _Hectoi~rcia, Southern ~/¢nes of Palm Beach IV, LLC LOCATION: quarter mile ~,~ ~ld Dixie Highway. West side bf~South Fed/e'ral Highway, approximately one- DESCRIPTION: Request to amenCX~e Comprehensive Plan Future Land Use map from C_~m~ial High Intensity (Palm Beach _CoUnty) to S/?dial High,Residential; and Request to/,Cezone property from"C=~neral Commercial (Palm Be/ach County) to Infill PlanneS'M, pit Development (IPUDy Proposed use for multi-family development consisting of 48 units. 2. PROJECT: Oceanside 04-0 AGENT: Carlos Ballbe, Inc. Keith~ ~llbe, OWNER: Hector Garcia, Souther ~es of Palm Beach V, LLC LOCATION: deral Hig'~ay, approximately 1,000 4ighway. West side of South FE feet south of Old Dixie 5113 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 wkich 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. Co DESCRIPTION: Master Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: Request to amend the Comprehensive Plan Use map from Local Retail Commercial to Density Residential; and New Site Plan 1. Future La Special Hi Request to rezone from C-2 Community Commercial to In Planned Unit Development (IPUD). Proposed use for 45 multi-family residential units. Coastal Bay Colony (MPMD 04-002) Thomas Pagnotta, Southern Homes Southern Homes of Palm Beach II, LLC West side of South Federal Highway, approximately 200 feet south of SE 23rd Avenue. DESCRIPTION: Request for Master Plan Modification approval to reduce the side setbacks approved at ten (10) feet to five (5) feet for lots 3 and 59 of the 64 lot subdivision. PRO~ Bayfront (NWSP 04-002) ~ ' AGENT: ~.~los Ballbe, Keith & Ballbe.~p¢ LOCATION'~I Highway, approximately one- quarter mile so,~f~hway. DESCRI PTI ON ~1 n approva~ fee-simple.acre t (IPUD) 5114 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opporturdty to part/c/pate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas I-Iutckinson 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. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Oceanside (NWSP 04, ~rlos Ballbe, Ballbe, Inc. Homes of Palm Beach V, LLC Federal Highway, approximately 1,000 new site plan '~roval for 45 fee-simple town related site improvements on a 2.26-acre parcel Infill Planned Unit Development (IPUD). West side feet south Reque,, home., in a Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: VII, Director's Report 5200 V'ZIT, Old Business 5239 IX. New Business 5240 Schnars Business Center (SPTE 04-003) James W. Mahannah, P.E., Schnars Engineering, P.E. 924 Venture, L.L.C. 924 North Federal Highway Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005. A. Consideration of Assignment of Funding for Marina Parking Garage to Bank United FSB. 5241 B. Consideration of FaCade Grant for Colonial Center Condominium Association, Inc. 5266 D. Consideration of Budget Transfer for FaCade Grant Request. 5304 5115 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 fumish 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, prograrn, or activity conducted by the CPA. Please contact Douglas I~utch~n~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xi. XI, Xlll. XIV. E. Consideration of Task Order for Phase I of the MLK Land Acquisition. 5306 Commission Action 5308 Board Member Comments 5309 Legal 5310 Other Items 5311 Future Agenda Items 5312 A, Consideration of Joint Venture for CBD Parking Spaces (June). B. Consideration of Contact for Police Pilot Program in the CRA Boundaries (June). C. Consideration of Pilot Program for Trolley (June). D. Consideration of Web site (June). E. Consideration of Annual Report (June). F. Consideration of the Promenade at Boynton Beach Site Plan Approval G. Budget Workshop (June & July). XV. Adjournment 5313 5116 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 thc appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporttmity to participate in and enjoy the benefits ora service, program, or activity conducted by thc 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. 7 Members - 4 Yr. terms COMMUNITY REDEVELOPMENT AGENCY - 2004 LAST NAI~IE FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATION Barretta 3ames 1/10/08 74 BAYTREE LN Architect BOYNTON BEACH 33436 (561) 740-0041 DeMarco Alexander 6/20/06 1o817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 ,,'~ (561) 732-6789 Boynton Beach, FL 33426 i (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23RD CRANBROOK DR Edward Jones & Company BOYNTON BEACH 33436 901 N Congress Avenue, Ste B-101 l~ (561) 737-0793 Boynton Beach, FL 33426 I (561) 737-1442 Fax (561) 364-1536 Finkelstein Larry 1/10/05 IAMAR REALTY CORPORATION Lamar Realty Corporation 114 N FEDERAL HVVY, STE 202 114 N Federal Hwy., Ste 202 BOYNTON BEACH 33435 Boynton Beach, FL 33435 (561) 736-9790 Fax (561) 423-2432 Ifgi@aol.com Fisher les 6/20/04 8069 STIRRUP CAY COURT Image Solutions BOYNTON BEACH 33436 Boynton Beach, FL (561) 364-8717 c. m.fisher@att net Heavilin Jeanne 1/10/05 Po BOX 3693 (734 NE 9TM AVE) Sailfish Realty BOYNTON BEACH 33424 532 E Ocean Avenue ,[~ (561) 731-4474 Boynton Beach, FL 33435 (561) 738-6613 ¢l~air Fax (561) 738-7911 jheavilin@msn.com l'illman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School · BOYNTON BEACH 33426-7646 5100 3og Road Vice Chair~ (561) 965-6776 Boca Raton, FL 33496 (561) 241-2200, Ext. 2540 S:\CC\WP~BOARDS\LISTS\CRA Board.doc - bg - 05/06/2004- 6 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Interest Rate Comparison DATE: May 11,2004 The CRA Board had requested interest rate comparisons on liquid investment accounts. The following table is the results of the comparison: Institution Jan. Int. Rate Feb. Int. Rate March Int. Rate April Int. Rat SBA 1.24% 1.23% 1.19% 1.20% SunTrust 1.00% 1.00% 1.10% 1.40% Wash. Mutual .70% .90% 1.00% 1.00% Bank Atlantic .90% .90% .90% 1.00% Staff has tried to contact Bank of America for a quote and they have been non- responsive, but staff will prevail. Additionally, I have a new account manager at Sun Trust and she has gotten an adjustment in our interest rates to 1.40 %, which was effective on April 26, 2004. This replaces page 5307 in your CRA Board for 5/11/2004 meeting. Vielhauer, Susan From: Sent: To: Cc: Subject: Sugerman, Dale Thursday, May 06, 2004 2:11 PM Hutchinson, Douglas Vielhauer, Susan Appraisal Review Services- Heart of Boynton Doug- I just got a fax from The Urban Group, advising me that Hinton & Associates, Inc. (the Iow apparent bidder for the Review Appraisal services for the Heart of Boynton project) has withdrawn their bid because "they are too busy". Our next lowest bidder is Gallion Wilson, L.L.C. at a cost that is $6,300 higher. Sorry about that! Howard Steinholz of TUG will be at the Board meeting on Tuesday (I will not because of another commitment) to talk about this issue, and anything else that may come up on the subject of the HOB. I will drop a copy of the faxed letter off at your office today. Dale Creating Value for our Customers and our Community by Achieving Excellence in Sen/ice, Products and Environmental Quality People - Teamwork- Innovation Ma~-06-04 i2~0~ P.02 May 6, 2004 Mr. Dale Sugarman, Assistant City Manager The City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 RE: Task Authorization No, CRA03-02 HEART OF BOYNTON Appraisal Review Services Dear Mr. Sugarman: Hilton & Associates, the appraisal review firm we recommended in our April 27, 2004 letter, has withdrawn their quote to perform services. Mr. Hinton called today stating he was too busy to complete the project. As you know, we requested and received quotes from four (4) appraisers for reviewing the appraisals on the above referenced project. All have Florida Department of Transportation (FDOT) appraisal experience. Due to Hr. Hinton's withdrawal, we recommend the next most responsive appraisal firm, Gallion-Witson, L.L.C, with Mr. Mendel Westberry, MA[, to perform the appraisal review. ! have spoken to Mr. Westberry, and he has assured me that the firm is capable of meeting the deadlines of the project. The appraisers, their firms, and their quotes are as follows: APPRAISER ........... ~iRM '~ LO _C~.,.TI_..ON_.. qUOTE Robert T. Hinton, MAI, Hinton & Assoc., Inc.~ Ft. Lauderdale~ FL $13~800.00 Mendel We.st~.e.[._ry,. MAI Gallion Wilson, L.L.C., Ft. Lauderdaie, FL $20,100.00 Mr. Bill Brannumt GAA Boydt Schmidt & Brannum~ West Palm Beach, FL $28,150.00 .10hn T. Hagan, MAI, John Hagan Assoc., Iq.c_..,._P.l~n__t.a~tjp_.n.,.~F~L..,,' .... ... $34,500,00 I know approval of the review appraiser will go before the CRA Board at its meeting next Tuesday, and ! hope this change does not present a problem or delay, ! plan to attend that meeting and will available for any questions. Should you wish to discuss this further you may reach me at (954) 522-6226, extension :112. Sincerely, THE URBAN GROUP, TNC. Howard W. Steinholz .__D Principal/Broker cc: Barry Lazarus, The Urban Group, Inc. The Urban Group, Inc. * 1424 Soutlq Andrews Avenue · ,Suite 200 · Fort Leudordalo, Flodda 33316 TELEPHONE 954.522-6226 · FAX g5~.522.642~-, www.theurbangroup, com ~iayqO6-Q4 ~12=OB P .O1 the urban g re u p, 1424 SOUTH ANDREWS AVENUE SUITE 200 FORT LAUDERDALE, FLORIDA 33316 PHONE NUMBER (954) 522-622G, ext. FAX NUMBER (954) 522-6422 www,the#rbangroup.com FACSIMILE TRANSMISSION DATE: TO: FACSIMILE NUMBER: FROM: E-MAIL: SU BJ ECT: May 6, 2004 Mr. Dale Sugarman, The City of Boynton Beach (561) 742-6298 Howard Steinholz hsteinholz@theurbangroup.com TA CRA 03-02-Appraisal Review Services NUMBER OF PAGES, INCLUDING THIS COVER SHEET: COMMENTS: Ploa,~e Note: l he informal, ior~ ill this fac,~imile transmission i~ intended o~ly for the por,~onal and CONFIDENTIAL use of the designated recipient(s) named above'.. IF THE READER OF THIS FACSIMILE IS NOT THE INTENDED RECIPIENT, you qre n~tified that yo(t have received [his document in crror, and that any review, dissemination, distribution or copying of this transt~ission i~ strictly prohibited, If you havo roceived this trans~ission in orror, please notify this offico immodi~tely via telephono at (~)54) b22-6226, ext, 110. We will provide you with instructions on di~;posal oi' this mossage. Thank You, HW$ __ If you have any transmission problems or questions, please call (954) 522-6226, extension 110. IV. Consent Agenda 5117 Any person who decides to appeal any decision of the Community Redevelopment Board w/th respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furmsh appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity m order for the CRA to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP MEETING ON PUBLIC RECORDS AND SUNSHINE LAWS HELD IN COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, APRIL 13, 2004 AT 6:00 P.M. Present: Jeanne Heavilin, Chair Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Larry Finkelstein Charlie Fisher Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney I. CALL TO ORDER Chair Heavilin called the meeting to order at 6:00 p.m. II. ROLL CALL The Recording Secretary called the roll and declared that a quorum was present. OPENING REMARKS Chair Heavilin stated that the purpose of the workshop was to review the Sunshine and Public Record laws. V. PUBLIC RECORDS & SUNSHINE LAW Board Attorney Payne distributed a notebook containing information about the Sunshine Law, the Public Records Laws, how the CRA works, how it was created, State law pertaining to CRAs, and all the local City ordinances pertaining to the CRA. She reviewed this information for the Board. In regard to the Public Records Law, Chapter :119 of the Florida Statutes, Board Attorney Payne stated that any document that is created for CRA purposes is public record and must be kept and produced on request. In response to a question of who was responsible for saving it, Board Attorney Payne responded that this was done in the administrative office of the CRA. Hr. HutchinsOn stated that he maintains a catalog in his office of all memorandums sent "For Your Information" to the Board members. 5118 the Meeting Minutes CRA Workshop on Sunshine and Public Records Laws Boynton Beach, Florida April 13, 2004 He also responds to City requests to archive his E-mail and this is done without any editing, across the board. Board Attorney Payne stated that for example, it would be acceptable if Mr. Hutchinson sent an E-mail to a Board member and copied the rest of the Board; however, if one of the Board members responded to all the other Board members, that would be a problem. The same would be true if one of the Board members contacted the Director to discuss an issue via E-mail and copied the other Board members. Board Attorney Payne stated that it was important not to select "Reply All." Mr. DeMarco mentioned that there were two CRA members on the Chamber of Commerce Government Affairs and Economic Development Committees. He asked whether the City or the State had any issue with this involvement because CRA and City government topics were sometimes discussed. Chair Heavilin stated that the Board had asked this question years ago and the legal opinion at that time was that as long as one of the two participants recused him or herself, it would be acceptable to participate. Board Attorney Payne stated that while one of the Board members could participate, technically, there could still be a conflict if the Chamber were engaged in developing a position about a CRA issue that could come before the Board. Hr. DeMarco inquired whether he should leave the room if such a discussion took place. Board Attorney Payne said he should definitely not participate if the discussion was about something that would be coming before the CRA. However, recording the meeting, or the portion that dealt with CRA issues, could be done to provide a public record and allow the Board members to voice their opinion. Also, as an additional precautionary measure, if two or more CRA Board members regularly attend a meeting, the Chamber should post it and note that two or more CRA .Board members might be present. Board Attorney Payne noted that Board members could discuss CRA business with the Director or with the Board Attorney, but that any two Board members should not discuss a pending CRA topic with each other outside the regular scheduled public meeting. She pointed out that this did not .preclude the Board members from engaging in normal or casual conversation about non-CRA related matters. During discussion, the topic of "calendaring" came up, where the Board members try to determine a mutually agreeable date to hold a meeting. Board Attorney Payne stated that contact between the Board members that was aimed at establishing a date would be acceptable, but a discussion of the agenda would not. Mr. DeMarco asked to have the minutes of this meeting checked by someone involved with State law to determine if there is anything contained in them that they may 51i9 2 Heeting Minutes CRA Workshop on Sunshine and Public Records Laws Boynton Beach, Florida April 13, 2004 question. Board Attorney Payne asked Mr. DeHarco to expand on what he meant by this. He stated that while the Board might be comfortable that they were doing the right thing, having the minutes checked by the State Attorney's office would assure them that they were on the right track. Board Attorney Payne offered to ask them if they would do this. Several Board members commented that the Board employed Board Attorney Payne for the purpose of legal advice. Board Attorney Payne stated that when she has a question about any law, she consults the Attorney General's Office. Board Attorney Payne ended the review with the Ethics Law l:L2 of the Florida Statutes that deals with voting conflicts, the gift laws, and items of this nature. The Board thanked Board Attorney Payne for her informative presentation and for compiling such a useful document. VI. AD.1OURNI~IENT Since the business was concluded, the meeting was duly adjourned at 6:29 p.m. Respectfully submitted, S ~,5A N 0.0 LLI NS Susan Collins Recording Secretary (041404) 5120 3 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, APRIL 13, 2004 AT 6:30 P.M. Present: Jeanne Heavilin, Chair Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Larry Finkelstein Chadie Fisher Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney I. CALL TO ORDER Chair Heavilin called the meeting to order at 6:30 p.m. II. ROLL CALL The Recording Secretary called the roll and declared that a quorum was present. III. AGENDA APPROVAL A. Additions, Deletions, Corrections to the Agenda There were no additions, deletions, or corrections to the Agenda. B. Adoption of the Agenda Motion Mr. Finkelstein moved to approve the agenda as presented, seconded by Vice Chair Tillman. The motion passed unanimously. IV. CONSENT AGENDA Mr. Finkelstein did not feel the item had to be pulled from the Agenda, but wanted to make a correction to the minutes of March 9, 2004 on page :[2 (Agenda page 4917), second paragraph. The words "a report" should be deleted and replaced with "the Baker Leisure Group Scope of Services," and the rest of the sentence remains the same. 5121 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April :[3, 2004 A. Approval of Minutes of March 9 and March 18, 2004 B. Financial Report Consideration of Payment of $1,139.00 for the Fac;ade Grant Application for Weiss Memorial Chapel Consideration of Burkhardt Construction Work Order Number Five for the Boynton Beach Boulevard Design/Build Contract Motion Hr. Fisher moved to approve the Consent Agenda as amended. Vice Chair Tillman seconded the motion that carried 7-0. V, PUBLIC AUDZENCE Chair Heavilin asked if anyone in the audience wished to speak about any item that was not on the agenda. Hearing none, she closed the Public Audience. Vt'. PUBL'rC HEARTNG Old Business Board Attorney Payne administered an oath to all/'ndividuals who planned to speak on any of the Public Hearing items. A. Code Review Project: Agent: Description: Mixed Use Code Review (CDRV 04-002) (Tabled) City-initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning District Dick Hudson, Senior Planner, distributed an updated Exhibit A to the Board members. He stated that the item was tabled at the Board's March 9 meeting at the suggestion of staff. Staff received a letter from the Executive Director dated February 10 and one from the Inlet Cove Association dated March 26 with several suggestions to consider for inclusion in the Code. Staff considered these requests and tried to incorporate them in the Code. 5122 2 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April :[3, 2004 Buck Buchanon, 807 Ocean Inlet Drive~ Boynton Beach, president of the Inlet Cove Association also known as INCA, came to the podium. He felt that INCA's concerns had been at least partially addressed by Mr. Hudson's presentation. INCA had asked that Single-Family Residence be retained as a permitted use in Table 6F-1 instead of changing it to a conditional use. He believed that the ratio of lot frontage to depth had been addressed. One of INCA's fears was that someone could assemble property, go back deep and wide and end up surrounding single-family homes. He was not sure this was completely addressed and if not, INCA would like it to be considered. INCA wants to have the INCA residential areas excluded from the Mixed Use category. Although he realized that it was not germane to the issue at hand, he wanted INCA's request to be on record when the LDRs and other documents and procedures were adopted. He stated that their request was not without precedent and that another residential area just behind U.S. #1 on the east side of Federal Highway had been excluded. He thanked staff for all of its good, hard work on this Code Review. Mr. Hudson stated that considering the size of frontages along Federal Highway, the distance any development could go back was limited. If they tried to limit it too much, redevelopment opportunities to the south would be hindered. Mr. Hudson noted that it was strictly for properties rezoning from single-family to mixed use and that there would be another opportunity for concerned citizens to speak when it goes before the City Commission next week. Mr. Fisher asked how this related to the Commission's decision two years ago to exclude INCA from the rezoning. Mr. Hudson said that the intent had been to classify everyone in the area as Mixed Use-High or Mixed Use Low and after considerable opposition was expressed to this idea, the Commission decided not to rezone anyone. Any rezoning would only be done by request. Nothing was being rezoned at this time. Chair Heavilin stated that she had received a call from Mr. David Zimet, Executive Director of the Boynton Beach Faith-Based CDC, asking how the Code Review would affect the Heart of Boynton. Mr. Hudson stated that there was an adopted Redevelopment Plan in that area that specifies multi-family residential on MLK with two commercial nodes at either end. They need to go back in and amend the Plan to show where the Mixed Use would go in that area. Chair Heavilin asked if that would become an extension of this Mixed Use Policy or a separate Plan. Mr. Hudson said that a MAP amendment needed to be made to the Heart of Boynton Plan on the proposed Redevelopment Plan. I~lotion 5 ! 23 Mr. Finkelstein moved to recommend approval to the City Commission of the City's request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning District, with the following requested additions by the Board: 1) Hake Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 "Performing Arts Theater" a conditional use in the MU-L district as it is now in the MU-H district; 2) Add "Fine Arts Auction House" as a permitted use in the MU-H district;. 3) Reduce the minimum parcel size for a Hotel from 3 acres to ! acre; 4) Reduce the average size of minimum living area for "All other Residential" from 1,000 square feet to 850 square feet. Staff will draft standards and a definition for "Fine Arts Auction House." Hr. DeMarco seconded the motion that passed 7-0. B. Zoning Code Variance Project: Agent: Owner: Location: Description: Mariners Way (ZNCV 04-O0:L) (Tabled) 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 forth (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (:LO) feet for a structure within a R-3 zoning district. Motion Hr. Fisher moved to remove the Mariners Way zoning variance from the table. Barretta seconded the motion that passed 7-0. Mr, Maxime Ducost~-Am~dAe, Planner, presented this item. Staff recommended denial of this request because: :L) There is a lack of traditional hardship. Relief is not necessary to make possible the reasonable 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. The basis of the variance request was a tiki hut that encroaches into the setback. As a sub-request, the homeowners are asking that a bathroom be built adjacent to the pool area. This item was heard by the Board and tabled at the March 9, 2004 meeting, to give the parties time to find an alternative location for the bathroom and/or the tiki hut. Mr. Ducost~-Am~d~e stated that staff still recommended denial for the reasons previously stated. Staff had met with the applicant and they had not been able to arrive at a mutually agreeable location for the bathroom. He displayed a picture showing the portion of the site in question for the benefit of the public. Chair Heavilin invited comments from the public on this item. 5124 4 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Steve Black, President of Mariners Way Homeowners Association, distributed photographs to the Board of the area in question. The first picture showed where Mariners Way wants to put the bathroom. The second picture showed where staff suggested the bathroom could be located. Mariners Way did not think the ten feet of grassy area around the site proposed by staff could accommodate a person in a wheel chair going between the bathroom and the pool area. They still think their proposal is the best place for the bathroom. Mr. Black stated that no one had objected to the placement of the bathroom, only to the tiki hut. Regarding the tiki hut, he thought that Mariners Way and Mr. Barry Hurwit could come to an agreement on the height of the tiki hut before the City Commission meeting, thereby eliminating any objection to any aspect of the project they wished to undertake. Barry Hurwit, 1038 Sandalwood Lane, Weston, explained that he had spent about a half hour after the March 9 CRA meeting with Mariners Way representatives. He was anxious to seek a mutually satisfactory agreement with them regarding the height of the tiki hut. He asked Mariners Way to contact him to discuss this further but no one did so. He contacted them on the day before the meeting and Mariners Way talked about lowering the height of the. tiki hut by one foot. Although he thought this might work, he would have to see it first in order to know. He had no objection to the location of the proposed bathroom. Staff was asked whether the issues could be separated and staff responded that the request was for setbacks. If the bathroom setback were to be approved, the setback for the tiki hut would automatically be approved as well. Mr. Rumpf, Planning & Zoning Director, stated that if there were another postponement, additional advertising in the form of a legal ad would have to be done for a change in the variance. Mr. Fenton asked if Mr. Hurwit would accept a ten-foot height limitation on the tiki hut. Mr. Hurwit responded that he would have to see how that would look. There are 20 feet between his property line and the water and when he was under contract to buy the property, he asked the City if anyone could construct anything back there. He was told that this could absolutely not be done, and that if so, it would have to be 40 feet from his property, placing it in the middle of the canal. Mr. Barretta said that during the initial review, he did not feel that the petitioner had explored all of the possible options. There were at least half a dozen options about where either structure could be placed without violating any City ordinances or setbacks. He had drawn up a sketch that detailed one option. If the cul-de-sac were to be cut in half, allowing single vehicles to get in and back out, the entire east half of the cul-de-sac could contain four tiki huts and six bathrooms. Mr. Hurwit suggested the same thing to Mariners Way the day before. He was told that people with boats and trailers and po~ssibly the garbage trucks could not navigate in an 5 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 area that small. Mariners Way spoke of having a very limited parking area and Mr. Barretta told them that if they did not put a circle in the parking lot, parking could be there and a bathroom and a tiki hut could be put where the bottom of the circle is now, and the pool deck could be enlarged. David Hemingway, a Mariners Way resident who lives at the far western end of the community, stated that the site of the proposed bathroom was about one quarter of a mile away from his home. He stated that even a construction site requires a restroom. To put the restroom where they wished would not affect the view of anything. A fire truck could not get around the parking lot if there were only half a circle. There was no more room and their request was not unreasonable. Robert Narducci, 658 Mariners Way, Boynton Beach~ asked Mr. Rumpf if a municipality had to protect a homeowner's view, under Florida Statutes. He then commented that Mr. Hurwit had been allowed a variance to go to within ten feet of that property line, the same property line that was in question. What hardship did Mr. Hurwit demonstrate in order to have his variance request granted? There were 32 Boynton Beach residents that believed there was a hardship involved in not having shade or a bathroom at their pool. Mr. Rumpf said that in looking back into the records of the Planning & Zoning Division, unless a strict hardship is proven, staff has consistently recommended denial of variances. He stated that Mr. Narducci would have to ask the City Commission why Mr. Hurwit's variance was granted because staff recommended denial of that variance. Aoila Waldon, 844 East Drive, Boynton Beach, stated that she did not live adjacent to this property and was not concerned about the view but was concerned about the noise factor from the tiki hut. When the tiki hut was up in its normal state, a party was held and the noise from the party held there was outrageous, because it is so close to the property line. She was against the tiki hut on these grounds. Ken Hislop, Vice President of Mariners Way Homeowners Association, agent, asked if there had been any citations from the Police Department due to any parties they had held there. Chair Heavilin stated that he would have to determine this with the Police Department. Chair Heavilin closed the Public Hearing when no one else came forward to speak. Mr. Fisher asked the Board if it would be willing to separate the tiki hut and bathroom issues or do a motion with only one item in it. Board Attorney Payne stated that if they wished, they could make a motion with only one item in it and possibly another person would make another motion. 5126 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Mr. Fisher recalled that logistically, because of the pipe, it was easier to put the bathroom where Mariners Way wanted to put it. He asked if there were a financial hardship involved in moving it to the place that staff had suggested. Mr. Black said that the biggest problem was that the neighbors to the south did not want the bathroom in the place that staff suggested. That location was in the middle and on the edge of the water. Mr. Barretta responded to Mr. Black saying that although they believed there would be more objections, it would be within the Code and would not require a variance. Chair Heavilin was disappointed that no agreement had been reached between now and the meeting in March. She felt that as long as there was a place to put the bathroom that was within Code, there was no hardship. I~lotion Mr. Barretta moved that the request for 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 be denied. Mr. Finkelstein seconded the motion. Mr. Fisher preferred to separate the tiki hut issue from the bathroom issue since it appeared that a compromise could be reached between the neighbor and Mariners Way regarding the tiki hut. Mr. Barretta stated that his motion was to deny both. He did not feel that all the alternatives had been explored and preferred that Mariners Way find alternate locations that would be in compliance with the City's Codes. The motion passed 6-:[, Mr. Fisher dissenting. flew Business A. Code Review Project: Owner: Description: Vehicles for Hire (Code Amendment) (Tabled) City-initiated Request to amend the Land Development Regulations, Part II. Chapter 24, "Taxicabs," to rename it "Vehicles'for Hire," and add needed definitions and provisions for other modes of transportation consistent with downtown redevelopment efforts. 5127 7 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Motion Vice Chair Tillman moved to remove Vehicles for Hire from the table. Mr. Finkelstein seconded the motion that passed 7-0. Mr. Rumpf explained that broader regulations would allow for alternative modes of transportation, including trolleys and non-motorized vehicles that would be appropriate for the downtown redevelopment purposes. The principal changes include: 1) omitting requirement and provisions for Certificate of Public Convenience and Necessity, which includes City Commission approval; 2) exemptions added and stated; 3) removing annual safety inspections by the City Public Works staff and replacing it with overseeing the process to insure that vehicles are properly maintained per Florida Statutes through the County system; 4) removing requirements regarding such service operation hours; 5) excluding non-taxi advertising; 6) providing documentation on the license process and requirements; and 7) consolidating and expanding the Dos and Don'ts section. Staff recommends approval of this request. Chair Heavilin asked for comment from the public on this item, and hearing none, closed the Public Hearing. Vice Chair Tillman asked whether this change would affect the method by which people would have to be licensed. Mr. Rumpf said that it would not affect the license process, but would just remove the extra step of going through the City Commission approval process. Motion Mr. Finkelstein moved to approve the request to amend the Land Development Regulations, Part Ii. Chapter 24, "Taxicabs," to rename it "Vehicles for Hire," and add needed definitions and provisions for other modes of transportation consistent with downtown redevelopment efforts. Vice Chair Tillman seconded the motion that passed 7-0. B. Conditional Use Project: Agent: Owner: Location: Description: Dunkin Donuts (COUS 04-001) Ronald L. Uphoff Roderick H. Cushman 1317 South Federal Highway Request for Conditional Use approval for a 2,474 square feet drive-through restaurant on a 0.43-acre parcel in a C-3 zoning district. 5128 8 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Eric Johnson, Planner, reported that staff recommended approval of this request for conditional use, subject to satisfaction of 29 conditions of approval. Staff recommended that a period of one year be allowed to initiate the project. Ronald L. Uphoff, Agent, came to the podium to answer any questions from the Board or the public. Vice Chair Tillman asked Mr. Uphoff if his client was in agreement with all 29 conditions of approval, and the response was affirmative. Mr. Barretta sought and received assurance from Mr. Uphoff that no rooftop equipment would be visible above the parapet. Mr. Uphoff also confirmed that the lighting would not be offensive to the neighbors, although there were a few accent lights to illuminate the walkway that were directed downwards. Mr. Barretta asked staff if the coolers in the back were permissible under the Codes. Mr. 3ohnson stated that he believed they were going to be concealed. Mr. Uphoff stated that the coolers would be contained within a pre-fabricated structure that would be painted and finished in the colors of the building. :[t would only be accessible to the people working in the facility. Mr. Barretta complimented Mr. Uphoff on the design of the project. Chair Heavilin invited.comments from the public and hearing none, closed the Public Hearing. I~lotion Mr. Fenton moved to approve the request by Dunkin Donuts for Conditional Use approval for a 2,474 square foot drive-thru restaurant on a 0.43-acre parcel in a C-3 zoning district, subject to all staff recommendations and conditions of approval. Mr. Fisher seconded the motion that passed 7-0. C. Site Plan Time Extension Project: Agent: Owner: Location: Description: Coastal Bay Colony (SPTE 04-002) Carlos Ballb~, Keith & Ballbe, :[nc. Southern Homes of Palm Beach S.E. 23rd and South Federal Highway Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 005 Maxime Ducost~IAm~d~e reported that staff recommended approval of this time extension, but would not look favorably on a second extension. 5129 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Carlos Ballb~, 2201 West Prospect Road, Fort Lauderdale, Florida and agent for property owner, Southern Homes of Palm Beach, came to the podium and stated that they were ready to break ground in a week or two, and that the extension would just be a formality to keep an active file. Chair Heavilin invited comments from the public and hearing none, closed the Public Hearing. Mr. Fisher asked if there were any development incentives in this project, and was advised that there were not. Motion Vice Chair Tillman moved to approve Coastal Bay Colony's request for a one-year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005. Mr. Fisher seconded the motion that passed 7-0. Chair Heavilin gave special thanks to the Planning Department for the streamlined manner in which their reports were presented. VII. Director's Report Zn consideration for the/nd/v/duals who had come to the .meeting to part/c/pate/n a discussion of non-administrative items,/~r. Finke/ste/n suggested moving the Director's Report to the end of the meeting. The Board agreed to this suggest/on. ¥III. Old Business A. Consideration of Fagade Grant for Delray Boynton Academy (Tabled 3~9/04) Motion Mr. Finkelstein moved to remove the Delray Boynton Academy Fac;ade Grant from the table. Mr. Barretta seconded the motion that passed 7-0. Susan Vielhauer, CRA Controller, reported that staff had done further work with the Delray Boynton Academy on its application and that the estimates were in. Staff recommended approval of the fa(;ade grant. Motion Mr. Finkelstein moved to approve the Fac;ade Grant for the Delray Boynton Academy as presented by staff. Mr. Fisher seconded the motion that passed 7-0. 5130 10 Meeting Minutes Community Redevelopment Agency Regular Meeting _Boynton Beach, Florida April 13, 2004 TX. New Business Consideration of Burkhardt Construction Work Order Number Six for the Boynton Beach Boulevard Design/Build Contract Mr. Hutchinson stated that the water and sewer utilities for the Marina Village Project extensions would be fully reimbursed by The Related Group to the CRA as a pass- through, at an amount of $266,990. This figure is larger than the $225,097.00 shown in the agenda report due to last-minute additions by staff. Mr. Hutchinson stated that the real decision was to choose between the two options in Work Order #6 for the FPL electric utilities along Boynton Beach Boulevard and the Promenade area - underground or overhead. The underground option cost is $952K, and would cover the entire area from the tie-in location on the west side of Federal Highway to the Intracoastal. The above ground option replaces the substandard overhead poles with decorative units, keeps the lines overhead, and costs $150K. Mr. Finkelstein commented that it had been understood that The Related Group had offered to pay for the cost of putting the electrical utilities underground on the portion of their project that abuts the Promenade, but had now decided not to do it and to have overhead utilities instead. It seemed to some Board members that the CRA was being asked to share The Related Group's share of the cost for the underground utility option. Mr. Hutchinson responded that The Related Group's portion of the cost for "their part" of this would have been $:L55K on the high side and as Iow as $78K on the Iow side. Mr. Hutchinson also referred to future projects coming forward in the area, stating that Marina Village was not the only project that would be served or improved by this effort. If the CRA chose to place the utilities underground and The Related Group did not do so on Marina Village, there would be a mixture of the types of utility configurations. In general, the Board did not believe that having this .mixture would be aesthetically appealing in the CRA's premier project. The proposal options represent doing the electrical utilities along the entire length of the Boynton Beach Boulevard Extension/Promenade, including the portion that abuts Marina Village, in an underground or overhead manner. The total cost of Work Order #6 including the water and sewer utilities and the underground option is $1,150,097.00 and $375,097.00 for the overhead option. Mr. Hutchinson also asked that the Board authorize Larry Finkelstein to sign the water and sewer agreement between The Related Group and the CRA. Mr. FinkelStein asked for and received confirmation from the Board Attorney that it would be legal for him to sign the water and sewer agreement. 5131 11 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April ::[3, 2004 The general tone of the comments from the Board was that if the CRA expected developers to produce a first-rate product, the CRA would have to set an example in this project. The feeling was that this project would be around for a long time and that it should be done right the first time. Mr. Hutchinson spoke of the TTF revenue that would be generated by this project and how that would pay dividends to the entire City for a long time to come. Mr. Fenton inquired if The Related Group would be getting incentives on their project. Mr. Finkelstein said that the CRA had bought some parking spaces for the public, at a cost of $1,050,000. Mr. Finkelstein continued, saying that the parking spaces had been for the Promenade. Dale Sugerman, Assistant City Manager, noted that The Related Group has enjoyed about $145K worth of incentives that were paid by the City on behalf of the previous owners, so money went into the project and into the ground, which was then transferred and sold to The Related Group. While they did not get a direct incentive, there was some incentive money paid into the project, which they now enjoy. 14otion Hr. Fisher moved to approve the pass through contract with all utilities going underground. Mr. Barretta seconded the motion that passed 6-1, Mr. Fenton dissenting. Motion Mr. Fisher moved to give authorization for Mr. Finkelstein, the CRA Director, and Board Attorney Payne to conclude the contract and for Mr. Finkelstein to sign the contract with The Related Group for reimbursement to the CRA regarding the pass through. Mr. Barretta seconded the motion. Mr. Finkelstein noted that he was leaving the country on May 7. Mr. Fisher amended his motion to reflect that if Mr. Finkelstein were not available, that Chair Heavilin would be the signatory for the CRA on the subject contract. Mr. Barretta seconded the amendment. The motion passed 7-0. Consideration of The Urban Group Task Authorization No. CRA 03-02 Proposed Scope of Work, Relocation Services for Phase I MLK Property Acquisition Mr. Hutchinson stated that this Task Authorization concerned the Heart of Boynton and the Uniform Relocation Act task on which the Board had previously decided to go forward. The Task Authorization relates the fees from The Urban Group for the work necessary to accomplish the relocation aspects of the Housing & Urban Development (HUD) act, the Uniform Relocation Act. Staff is also requesting approval of a total of 5132 12 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 $36,500 for the initial appraisals on the 30 parcels in question. Staff also asks that the Board approve the contract so that the acquisition of the 30 parcels can move forward. Lastly, the Board is asked to write a letter of request that a Resolution of Need be passed by the City Commission in support of this project to begin the HUD process. Board Attorney Payne added to the latter statement that this was so the City Commission could take whatever legal steps were necessary to acquire the property. Mr. Sugerman introduced Mr. Howard Steinholz, the President and C.E.O. of The Urban Group, who answered questions about this effort. Mr. Fisher asked for more detail on the $221K cost of relocation services and wanted to know why it was necessary. He thought that with a willing seller, it would not apply. Mr. Sugerman said even though the individual might be willing to sell, they still had to be put on notice of their rights and offered all of the benefits and entitlements under the Act. Hr. Fenton believed that the City was supposed to pay for the relocation costs. Chair Heavlin asked if the Uniform Relocation Act related to commercial as well as residential properties. Mr. Steinholz said there were four categories: Residential Relocation, Business Relocation, Sign/Personal Property Displacement, and Landlord Businesses. Landlord Businesses would be people who had tenants in their properties and were claiming a Business category. Chair Heavilin asked if this were a HUD requirement and Mr. Steinholz responded that it was part of the requirements of the Uniform Relocation Act. Mr. Sugerman stated that The Urban Group's proposal was to do a Needs Assessment Survey and Cost Estimate as a first step in this project for a cost of $9,631.94. They would complete that and make available to the Board a full and complete report of what they estimate total costs of notice, relocation, and anything else to which the CRA would be exposed in terms of costs. Mr. Fisher thought the cost was estimated to be $221K and Mr. Sugerman stated that this amount was actually The Urban Group's fee for doing the Uniform Relocation Act guideline administration. ]:t did not include relocation costs. The actual costs associated with relocation.would be in addition to this, but the Board would have a better idea of what those costs would be at the completion of the first phase (the $9,63:t.94 Needs Assessment and Cost Estimate.) Mr. Sugerman explained that The Urban Group had to literally go and knock on doors and find out how many people were living inside a particular unit, because the guidelines have different thresholds of relocation expenses, depending on what is inside that unit. The Types of Displacements and the costs associated with administering the 5133 ~.3 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Uniform Relocation Act guidelines are listed in the Scope of Work underneath the Needs Assessment Survey and Cost Estimate. Hr. Finkelstein asked how Needs Assessment Survey. for a typical unknown type they arrived at a relocation services fee without doing the Mr. Steinholz stated that they had estimated the work effort of relocation. Mr. Sugerman addressed Mr. Finkelstein's concern, saying that The Urban Group contracts were based on milestones. If they incur an expense they will bill for that expense and if they do not incur an expense, they do not bill. The $230.9K is an upside limit, and it will come in less if a particular milestone is not triggered. He said the $221.3K relocation services cost represented the worst case, totally exposed scenario. Mr. Finkelstein asked Hr. Steinholz if he agreed that this was the worst-case scenario, and Mr. Steinholz responded that it was. Vice Chair Tillman wanted to see some examples from other relocations in which The Urban Group had participated. He asked Mr. Steinholz to explain the types of things that he would do to generate expenses of $22~.3K. Mr. Steinholz explained what The Urban Group would do in depth. He also commented that in The Urban Group's quote was a Scope of Work that outlined this. Vice Chair Tillman still wanted to see the results of a relocation effort that The Urban Group had done. He was having a hard time understanding spending this much money to tell eight people that they had to move. He asked that The Urban Group bring back examples so the Board could understand this item. Mr. Steinholz stated that he could provide the Board with the administrative costs from a project they had just completed on Southern Boulevard in West Palm Beach where there were 232 persons displaced from residential and mixed-use environments. A lengthy discussion ensued about the various issues that arise during relocations and examples of costs that might be incurred. During this discussion, Mr. Finkelstein asked Mr. Steinholz again if he would be willing to stand by the $22Z.3K estimate for administrative relocation services. Mr. Steinholz said he was not willing to state that that was the only dollar amount that it could be. Mr. Fisher asked if everyone on the list was eligible for these benefits. Mr. Steinholz said that not everybody would be entitled. One eligibility requirement was ninety-day tenancy, for example. They have to have lived in the location at least 90 days prior to the notice that is provided to them. They also have to demonstrate and prove income and the fact that they have lived at that location. There was a whole process involved with establishing eligibility. Chair Heavilin confirmed that there would be no relocation costs on vacant land. 5134 14 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Chair Heavilin asked if a person already had his or her property up for sale and wanted to retire and go to New York, whether the CRA would offer a relocation package for them. Mr. Steinholz said if they wanted to move to New York or Chicago, the only calculation The Urban Group would provide them was movement within the local housing market. Mr. Fisher said that it did not seem that an individual owning seven parcels and living in one, and not at the poverty level, would qualify. Mr. Steinholz said if they were an owner, The Urban Group would calculate replacement housing for them, based on the one home that he or she lived in. Mr. Sugerman said that the landlord's tenants might have rights, though. Mr. Steinholz reiterated that the landlord may have rights as a Landlord Business, but they may not have rights for all the houses that they own, as an owner, but their tenants might. Hr. Finkelstein confirmed that if an owner had a "For Sale" sign, they would still have the ability to request a relocation package. Mr. Sugerman said that they did, but they could waive it after they had been given proper notice. They were entitled to notice and were entitled to know what their rights are. if a willing seller is pushed to sell and is willing to waive their rights, they may do so. An example of someone who might do this would be someone who did not plan to stay in the area. Mr. Steinholz stated that The Urban Group would also request that people donate properties to the CRA. Mr. DeMarco asked to hear from Mr. Quintus Greene on this topic. Quintus Greene, Development Director, came to the podium. He realized that the Board was having difficulty with the amount of work and cost involved in this process. He shared his experience as a Development Administrator for another agency. The agency had 300 people working in it and approximately 50 to 70 of them worked in real estate acquisition and disposition, it involved the acquisition of property, the relocation of residents, and the disposition of property. From this personal experience, he knew that there was a lot of staff time involved in this kind of effort. A number of other communities have gone through urban redevelopment projects before but this was the first time for Boynton Beach. He assured the Board that what The Urban Group was requesting for their services was not unusual and was actually quite reasonable. Mr. Finkelstein was concerned about the bottom line and the fact that the cost could be many, many times higher than the $221.3K'quoted. He thought that Mr. Steinholz had said that it could be double or triple that, and Mr. Steinholz stated that he had not said this. Mr. Finkelstein thought that he could support the Needs Assessment Survey and Cost Estimate work so that they could get a better idea of what the total cost could be. Chair Heavilin commented that of the 30 vacant properties. 5135 properties under consideration, 14 were Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Mr. Fisher asked Mr. Steinholz if he would be willing to do the relocation work for the price quoted on a not-to-exceed basis. Mr. Steinholz said if the Board agreed -to the unit price that they estimated, they could live with the unit price. They would not agree to a fixed fee now without knowing what the work would be. He would agree to a unit fee per type of relocation, but that would not give Mr. Fisher a not-to-exceed fee. Mr. Sugerman stated that Mr. Steinholz had already agreed to the unit fee because that was in the contract. He said the hourly rates were from the contract that had already been negotiated, and it was a matter of how many hours would be involved. Board Attorney Payne did not think this was what was said - she stated that Mr. Steinholz had mentioned a fee per type of relocation, as listed in their quote, "Hourly Basis for Unit Rates." Mr. Steinholz said they arrived at the unit fees based on the rates in the contract. Board Attorney Payne asked Mr. Steinholz if he were talking about an hourly rate or a rate per type of relocation, like a flat dollar amount. Mr. Steinholz said he would agree to the fees stated in the Hourly Basis for Unit Rates quote, under the various categories of Displacement because that was a fair rate per parcel. Vice Chair Tillman interjected that he was a little taken aback by the relocation circumstance. Over the previous three years the Board had asked for a reasonable Scope of Work for properties they were going to purchase in the MLK Corridor~ Now, they were talking about paying somebody fees for relocating people and not one piece of property had been purchased. He wanted to know if properties were available where they would not have to go through the relocation process. He was frustrated over the delays, the additional fees, and the fact that no property had been purchased. How did HUD get involved? Who was responsible for that? Mr. Sugerman stated that they had known from the beginning that there were some willing sellers. Working with CRA legal counsel, they drafted up a simple purchase and sale agreement where they could have gone to a front door, knocked on it, and had the party sign it. The one error that they made was that they did not make the link that the redevelopment project, not the acquisition, would be using Federal grant monies, which dictates that from the beginning of the project, when the first door is knocked on, that special language has to be included in the agreement. Vice Chair Tillman asked if the CRA would be using Federal grant monies for this project? Mr. Sugerman asked for clarification, and Vice Chair Tillman stated that he meant for making the purchases. Mr. Sugerman did not believe that the CRA would be using any Federal dollars for making the CRA purchases. Mr. Sugerman said the next question would be, "Are there going to be any federal HUD funds used anywhere in this project, and the answer was yes, at the back end of the project. Once the parcels were bundled, there would be HUD funds that would be used for the removal of slum and blight in whatever the new project was going to be. 5136 16 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April :[3, 2004 Therefore, HUD's rules say that if you are going to use their money, even at the end, you have to start right from the beginning using their rules and regulations, which include the concept of the Uniform Relocation Act. It is the law. If we fail to do so and spend HUD funds, all the HUD money has to be paid back with penalties and interest, and jail time is not out of the question. Mr. Greene interjected that the City of Boynton Beach gets approximately $650K a year in Community Development Block Grant Funds. Boynton Beach'is a HUD entitlement community. Mr. Fenton asked why. Mr. Greene responded that the Heart of Boynton area, the target area, in terms of demographics and income, is considered an area that is eligible for CDBG funding. Mr. Sugerman said we choose to accept those grant funds. Mr. Greene said the City was spending $650K, primarily in the Heart of Boynton area. On top of that, the City has an application in to HUD for $2.5M, a Section 108 loan, that is payable over a period of 20 years from the proceeds of the $650K a year we get from HUD. in effect, the City uses HUD's money to pay HUD back, but it is a loan that it is getting in advance on its Block Grant. The point was that there was HUD money involved in making the Heart of Boynton project go forward. Although the CRA was not using HUD money per se, the project was using HUD money. Given the fact that the project is using HUD money and the City made an inquiry as to whether they could make a distinction between the CRA and the City, the response was no, because the project was using HUD money. When using its money, the HUD insists that its rules be followed. So, the rules have to be determined. One of them is the use of the Uniform Relocation Act. The City of Boynton Beach does not have a real estate administration department and has never had one. For this reason, someone was hired as the Real Estate Administrator to do the property acquisition, disposition, relocation, and all of those things that a Real Estate Development Department would otherwise do. The Urban Group is, in effect, that department. For that privilege, it costs $230.9K on this project. Vice Chair Tillman understood Mr. Greene's comments, but thought that there were certain areas where the CRA could do work where the HUD guidelines would not have to apply. Mr. Finkelstein clarified this, saying that a link was made that the CRA was part of the City. Therefore, since the City was doing other projects in the area, like the Cherry Hills project, where they were using HUD monies, the City and the CRA were "in the same boat." Mr. Sugerman agreed. Mr. Fent;on asked if a distinction could be made between what the CRA was trying to do and what the City was trying to do so the CRA did not have to go through this. Mr. Sugerman said that staff had gone through this scenario also. They thought that 5137 17 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 perhaps they could just do streetscapes, curb and gutter, water and sewer lines, plantings, and so forth - everything but the actual acquisition of the buildings. The thinking was that if the buildings were not acquired, there would be no one to relocate. But, HUD says that: If ANY kind of improvement is done in a project area where HUD funds are going to be used for ANY act/v/ties, even if properties are not be/ng acquired from people who live in them, the Uniform Relocation Act is st~Il triggered. Mr. Fenton thought they could go back to not having land banking by the CRA and let a private developer go in there and buy the properties. Then there would be no relocations and there would be no relocation cost. Mr. Sugerman said that this could be done but he thought this decision was made last September. He recalled asking the question, "either you are going to buy the 30 parcels and bundle them or you are not - it is an all or nothing kind of deal." Mr. Fenton said that the CRA could change its mind. Mr. Fisher said the question was that when staff was directed to purchase land, it was thought that a house could be bought for $50K. Essentially, it would now cost $100K because relocation and other costs would have to be paid. Mr. Fisher commented that a large number of the homes in the subject area were not paying any ad valorem property taxes. A year ago, the question arose as to whether the CRA was going to initiate redevelopment in the area or wait and hope that a developer came in and did it. Mr. Finkelstein said it went back three years and the CRA did mandate that it would contribute to that area and purchase real estate. They directed people to do that and none of it had come to fruition, so he would not say that this discussion was new. Chair Heavilin said that the CRA had approved going forward with the HUD guidelines. Board Attorney Payne stated that this decision had not been based on legal grounds. Using the Uniform Relocation Act was approved because staff said it did not want to have two different sets of rules for property owners, not because it was legally required. Once this was approved, they had to bring this task back for those relocation services to be provided. She stated that she had never gotten an answer from HUD, and when the CRA approved it regardless, she no longer pursued the answer. Mr. Hutchinson stated that they were very concerned that a definitive answer from HUD may not be obtainable and that it was taking a very long time. Board Attorney Payne worked on it for four weeks and did not get anywhere. The Board had been emphatic with staff to get the properties bought. In conferring with the Board Attorney, City staff, and the consultants, everyone said it could be months and the same answer could come back. Meanwhile, properties are changing hands and values are going up. Mr. Fisher said that the Return on Znvestment had also changed. Znstead of having a 5- year ROT, they were looking at an 8-year ROI on a lot of the parcels. Still, he asked if the Board felt that it would take the CRA to initiate change in that part of town. He 5138 18 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 believed that it would take this Board to do it, because nobody else had stepped up to do it on their own. Chair Heavilin said they had been advocating it for the last three years and it was time to move. Mr. Finkelstein said they were just trying to understand the costs of the program. Mr. Fenton wanted to approve the Needs Assessment Survey and Cost Estimate before going ahead with the relocation services fee. That would give the Board a better picture of the dollars involved. Mr. Sugerman suggested that the Board authorize the Needs Assessment Survey & Cost Estimate; authorize the appraisals because contracts could not be offered without them; and authorize a recommendation to the City Commission to go forward with a Resolution of Necessity. Those three actions would get the project underway to enable them to begin getting properties under contract. Mr. Fisher said they could approve it tonight and if it got too astronomical in price, say no at that time. Mr. Sugerman agreed. Mr. Finkelstein said that going ahead with offers to purchase was not listed in the Scope of Work and he wanted to make sure that this would get into the motion. Mr. Sugerman said that this was in his base contract. :In the original contract, where The Urban Group was directed to go out and buy 30 parcels, the cost was $134K to get the parcels. This one tonight is the add-on for the relocation services. They already have instructions and the CRA has approved a contract for them to go knock on doors. They just did not have the right contract in hand to knock on doors. The attorney has finished the contract with the right language. Some of the appraisals will be in within a week or two and the contracts will be taken to the willing sellers who are ready to sign. Mr. Sugerman told Mr. Steinholz that the Board was asking him to be a little bit at risk with notification under the Uniform Relocation Act, because they were not giving The Urban Group approval for notification. Mr. Steinholz said the CRA had approved the use of the Uniform Relocation Act, so when they make an offer, the offer would be accompanied by the notice that would identify the owner's rights under it. Mr. Sugerman said The Urban Group would not be getting paid for providing that notice because that was in the bottom half of the Relocation Services quote. Mr. Steinholz said they would submit this as part of the contract requirement, but they had to have that notice and the appraisal in hand when going to the seller. Mr. Fisher said as part of the contract requirement he would include it in there so when he gets Parcel A, it would have a bottom line total. The Board can decide to pay or not 5139 19 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 pay for it. It has to come before the Board and the services will be itemized. If the service is too much, we say no. Mr. Steinholz said that unless the Board approved the relocation services, they would not do any of the calculations or make a presentation of the benefits of selling. All they would do was make an offer, and include the necessary notice to owner, and that would be part of the presentation of the contract. They would not go any further than that unless the Board approved going ahead with relocation services. Mr. Hutchinson said that to clarify, the appraisal task must be authorized for $36K. Also, an additional appraisal, called an independent review appraisal, is required as part of the relocation process. Part of the notice to the owner is that they are entitled to two appraisals, an initial appraisal and an independent review appraisal, for which the CRA pays. A quote is not yet available for the Board on the cost associated with the review appraisals. Mr. Steinholz took some bids and they came in higher than he thought was appropriate so he is negotiating better rates on the review appraisals. A quote is expected by the next meeting. Chair Heavilin said she had some issues with the contract and did not want to belabor them. She asked the Board if it would be acceptable if she just relayed them to Legal Counsel. The Board and the Director agreed that this would be acceptable. Mr. Hutchinson asked if the Board had to officially approve the contract as well, and Board Attorney Payne said they did not. Motion Mr. Fisher moved to approve the initial appraisal cost for a total of $36,500. Mr. DeMarco seconded the motion. Mr. Sugerman suggested adding to the motion that this was for appraisal work that would be done by the Florida Coastal Appraisal Services Company of Fort Lauderdale, Florida for thirty parcels. Mr. Sugerman wanted it made clear that it was not The Urban Group that was doing the appraisals. Board Attorney Payne stated that they did not have to include it in the motion because the CRA would be paying The Urban Group, per terms of the contract. Mr. Fisher said that the motion was intended to include all 30 parcels, and Mr. DeMarco agreed to add this to the motion. The motion carried 7-0. 5140 20 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Motion Mr. Fisher moved to approve the Needs Assessment Survey & Cost Estimate by The Urban Group in the amount of $9,631.94. Mr. DeMarco seconded the motion. Mr. Finkelstein wanted to make sure it was for the same 30 parcels. Mr. Fisher added this to his motion and Mr. DeMarco agreed. Mr. Steinholz clarified that this was not for the vacant land. They would not be doing a Needs Assessment on the vacant land. There was no one to relocate. He suggested adding, "if required." Mr. Fisher stated that the motion should be for 30 parcels, as required. Mr. DeMarco agreed. The motion passed 7-0. Motion Mr. Fisher moved that the CRA request that the City Commission proceed with the Resolution of Necessity for property acquisition. Mr. DeMarco seconded the motion. The motion passed 7-0. Chair Heavilin recognized the presence in the audience of Mayor Taylor and his wife, and welcomed them to the meeting. C. Consideration of Youth Community Improvement Grant Program Mr Hutchinson asked that the Consideration of the Contract for a Central Bus/ness District I~ass/ng hCodel be heard before this/tern. The Board concurred. Consideration of Contract for Central Business District (CBD) Massing Model (heard out of order) Mr. Hutchinson stated that he was very pleased with the response received from the CRA's Request for Proposal. He thought that having an actual, physical model of the CBD would help people visualize what heights and massing would do on proposed developments. The area covered will be from the Intracoastal to Seacrest Boulevard, which will include Boynton Beach Boulevard, Town Square, and the Central Business District, and will show how those buildings will relate to one another. For the price quoted, the CRA is able to obtain a digital model in addition to the Plexiglas model, so when the Website is up and running, the CRA will have a digital model. 5141 21 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Mr. Fisher confirmed that the data input software would be compatible with the City's G.I.S. system. Rafael Tapanes, President of Reelization, ]:nc., 100 Madeira Avenue, Suite 2, Coral Gables, Florida, came to the podium. Mr. Fisher asked who would own the digital modeling software once the unit was built. Mr. Tapanes confirmed that the actual model would belong to the CRA. He also said that they had 3-D modeling software licensed by Discreet and when they provide their rendering images, there are TIF files that can be incorporated into a Powerpoint presentation or printed in large format, and he will furnish the disc with the final rendered images to the CRA. Mr. Fisher asked if in a few years the City wished to maintain the system themselves, rather than having a perpetual renewal contract, would the CRA own the data? Mr. Tapanes said the CRA would own the data but not the license for the software. Mr. Tapanes would provide the software manufacturer and the price, when necessary. Mr. Tapanes said all that Reelization asks is that they have the right to use the images created and the pictures taken of the model for their own marketing purposes. Everything else would belong to the CRA. Mr. Fisher said if they decided they wanted to market it, they would not have to pay royalties to Reelization, and Mr. Tapanes concurred. Mr. Finkelstein stated that there was only one approved new project and he wondered why a massing model of the existing buildings was necessary when it would have to be changed as new projects came in. Mr. Hutchinson said that they were doing it to show existing relationships to single-family and other projects, so that when they come in, it would be obvious how an individual project would impact the neighboring properties. It could be left in there or replaced. As projects come in, the CRA would ask the applicant to explain or add to the CRA modeling so the Board could see the impact of their project. He said Mr. Finkelstein was correct in that a lot of the base model would be replaced. Also, with the digital model, there could be forecasting on the corridor plans. Much of this would be plug-ins that would replace old sections as new projects were put in. Chair Heavilin commented the model would be very helpful to the Board, the developers, and the public. Mr. Finkelstein suggested doing more work on the drawdown schedule, relating the fee more to individual tasks and not a lump sum. After discussion, the parties mutually agreed to relate the drawdowns to the tasks delineated in Exhibit A, F, Summary, page 11 of the RFP. 5142 22 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, .2004 Motion Mr. Fisher moved to approve the Massing Model of the Central Business District, an area extending west to Seacrest Boulevard, with the base, standard Plexiglas cover, and the digital model for a total of $17,345. The drawdowns will be according to the accomplishments in Exhibit A, with 10% of each remaining and paid upon completion. Mr. Finkelstein seconded the motion with the clarification that Exhibit A is identified as Exhibit A of the booklet entitled CRA RFP #2004-1 issued .lanuary 13, 2004. Mr. Fisher accepted the amendment. The motion passed 7-0. Consideration of Youth Community Improvement Grant Program (heard out of order) Annette Gray, CRA Administrative Assistant, presented this program. It was initiated through a request from Board Member Charlie Fisher, and is targeted towards the Youth of Boynton Beach. It encourages the young people of the community to get involved in the revitalization of their neighborhoods and the projects created would assist in the refurbishing of areas that are physically and visually challenged. The program would operate only within the CRA boundaries and would be available to non- profit organizations having 5 or more Youth participants. Youth is defined as under the age of 18. Each grant has a funding limit of $2,000. Grants for $1,000 or less would be funded up front, while grants for the maximum of $2,000 would require matching funds. Mr. Fisher stated that he had worked on a lot of community projects with the Youth while he was on other Boards and it was a case of the Youth providing sweat equity. He expressed the belief that when the Youth feel a sense of ownership in a place, they do not destroy it. He pointed to the garden at the corner of Seacrest Boulevard and N.E. 10th Avenue as a prime example of this philosophy. The garden had been in place for a long time and it had not been damaged in any way. Vice Chair Tillman was in favor of the idea but wanted to see more definition by way of examples of projects. He thought there should be a list of some 10 or more potential projects that could be undertaken because children need to have some kind of idea about what they might be able to do. He also wanted to see information on how it would be managed. He asked for and received assurance that the grants would be reviewed and not just given to everyone who applied. Mr. Hutchinson stated that the Board would review each application. Vice Chair Tillman thought that this would put a lot of pressure on the Board, favoring instead including a scope designed by the CRA, and not by the applicant. Mr. Fenton believed that it exceeded the mandate of the CRA. He also believed it would violate the tenets of volunteerism. He was under the impression that the children would 5143 23 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 be paid to donate their time. Tt was explained that the grant was meant to be used for supplies only, and not to pay anyone for their labor. Mr. Finkelstein noted that the package stated, "immediately upon approval, grant program documents will be prepared in the CRA Attorney's omce." He hoped that some pre-prepared documents could be devised that would not have to be sent to the Board Attorney. He also commented on Program Guideline (2) on page 5094 of the agenda package, which says, "Eligible exterior improvements for this program include: Any property or project site that has high public visibility." He understood this to be anything that was outside that the public could see the benefit of and within the CRA boundaries. Ms. Gray agreed. Mr. Finkelstein was not having an issue with it, but agreed with Vice Chair Tillman that it would be helpful to have some examples, to avoid being deluged with an avalanche of applications from people who did not understand what the program was about. Some overall, global view of the program should be in the Scope of Service. There are still activities and funding available through the Advisory Board on Children & Youth, the Commissioners' discretionary funds, and other programs. Some examples that were discussed were murals, community gardens, painting an elderly person's house, and Paint Your Heart Out. Chair Heavilin did not want it to be so restrictive that it would negate a really creative idea that had not been considered. Chair Heavilin did not want to interfere with the City's CDBG grant program under the management of Ms. Octavia Sherrod. Mr. Fisher said it would assist that function. Chair Heavilin liked this idea but was concerned that it was only available to Youth and favored opening it up to neighborhood organizations and other small organizations that did not have the funds to pay for this type of thing. College students or senior citizens should participate also, for example. Mr. Fisher said that a lot of the problems occurring in the CRA area were due to Youth. He wanted this program to give them opportunities to participate, for the reasons he stated previously. Chair Heavilin responded that there might be portions of the CRA where Youth were not creating a problem. The other Board members wanted to proceed with the program for the Youth and take another look at it later when they had more experience with it. They could always come up with a more general one later. Mr. Fenton asked if the Boy Scouts, Girl Scouts, and YMCA would qualify for these grants, and was told that they would. Motion 5144 Mr. Fisher moved to approve the Youth Involvement Grant Program with the addition of providing six examples, directing it to not include any salaries or administrative costs, 24 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 and a not-to-exceed $:[2K for this budget year. Vice Chair Tillman seconded the motion that carried 6-:[, Mr. Fenton dissenting. VIZ. Director's Report ('heard out of order) Town Square Task Force Mr. Hutchinson reported that the City Commission was forming a Town Square Task Force and staff is looking for a volunteer to be appointed to the task force from the CRA Board. Mr. Fenton volunteered and the Board concurred. Tours of Boynton Beach Historical Sites on May 13-15, 2004 The Florida Trust for Historic Preservation's 26th Annual Conference is being held in Delray Beach on May 13-15, 2004 with tours planned to Boynton Beach (Woman's Club and the Old High School) and Lake Worth. The organization has asked each city to be a Silver Sponsor in the amount of $1000. The City has asked the CRA to contribute one half of the sponsorship, which is $500. Motion Mr. DeMarco moved to approve an expenditure of funds to be split with the City in the amount of $500 towards Silver Sponsorship of the Florida Trust for Historic Preservation's 26th Annual Conference being held in Delray Beach on May 13-15, 2004, which includes a visit to the Old High School and the Woman's Club. Mr. Fisher seconded the motion that carried 7-0. Police Car and Uniform Logo Mr. Hutchinson asked the Board members to review and comment on the proposed logo for Police cars and uniforms, which would be included in the contract for patrol officers in the CRA area. CRA Office Renovation Mr. Hutchinson advised that staff had gathered quotes 'to put up some walls, the design for which was in the agenda packets. The quotes range from $6 - 10K. He commented that the CRA office was too small; however, he asked for another month to explore acquiring office space. Some property is left over from the Relax Inn, and he hoped that when a project came into the Bank of America block, a trade for office space could be negotiated in the new project. He noted that as matters stood at present, when the model for the CBD was delivered, they would not be able to keep it at the CRA office, but would have to loan it to the Library or to City Hall. Mr. Finkelstein suggested that 5145 25 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Mr. Hutchinson look at acquisition but also at leasing if a larger space could be located. Hr. Hutchinson said they were in 1,200 square feet now and hoped to find something with 1,700 to 2,000 feet. X, Commission Action Am Notice to Study Mixed Use High and Low with Moratorium on Single Family Conversion - not addressed XI, Board Member Comments Mr. Hutchinson complimented the new Chair, Jeanne Heavilin, on doing a really good job of familiarizing herself with the volumes of information to be learned. Mr. Finkelstein asked Mr. Hutchinson if he had spoken to the Attorney about the land trade issue. Mr. Hutchinson said that the answer was yes and next month he would come back with the Attorney to seek direction from the Board on several projects on which they are working. There are several Interlocal Agreements such as Police, Parks, and Construction. XII. Legal- not addressed XIII, Other Items - not addressed XlV. Future Agenda Items Am Consideration of Pilot Program for Trolley Service in the CBD (May) B. Consideration of Securing CBD Surface Parking Rights (3une) XV. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 10:45 p.m. Respectfully submitted, Susan Collins Recording Secretary (04:[404) 5146 26 Meeting Minutes Community Redevelopment Agency Regular Meeting Boynton Beach, Florida April 13, 2004 Mr. Hutchinson look at acquisition but also at leasing if a larger space could be located. Mr. Hutchinson said they were in 1,200 square feet now and hoped to find something with 1,700 to 2,000 feet. X. Commission Action Am Notice to Study Mixed Use High and Low with Moratorium on Single Family Conversion - not addressed XI. Board Member Comments Mr. Hutchinson complimented the new Chair, Jeanne Heavilin, on doing a really good job of familiarizing herself with the volumes of information to be learned. Mr. Finkelstein asked Mr. Hutchinson if he had spoken to the Attorney about the land trade issue. Mr. Hutchinson said that the answer was yes and next month he would come back with the Attorney to seek direction from the Board on several projects on which they are working. There are several Interlocal Agreements such as Police, Parks, and Construction. XII. Legal - not addressed XIII, Other Items - not addressed XlV. Future Agenda Items Consideration of Pilot Program for Trolley Service in the CBD (May) B. Consideration of Securing CBD Surface Parking Rights (3une) XV. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:45 p.m. Respectfully submitted, Susan Collins Recording Secretary (041404) 5147 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA ON THURSDAY, APRIL 15, 2004 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson James Barretta Larry Finkelstein Don Fenton Douglas Hutchinson, CRA Director Absent: Henderson Tillman, Vice Chair Alexander DeMarco Charlie Fisher I. Call to Order Chairperson Heavilin called the workshop meeting to order at 6:33 p.m. The Recording Secretary called the roll and declared a quorum was present. II. Workshop A. Cash Flows, Budgets and Financial Projections for Board Direction Opening Remarks Mr. Hutchinson explained that this was is not a budget workshop, but actually a workshop to provide staff with direction on what the Board would like to include in the budget and the level of spending that the Board wants to see. First reviewed were the TIF projections on the projects that were included in the original agenda packet. For the upcoming year (2004/2005) the following figures have been projected: · Merano Bay--the projection is conservative at $6.6 million, which is 60% of what the units sold for. Tuscany for the current year (2003/2004) came in at $24 million. They have converted to condominiums and even with the homestead exemptions, the unit prices are substantially higher. The projections for 2004/2005 are $6 million. Chairperson Heavilin inquired if the projections showed the property being taxed as commercial versus residential units and Mr. Hutchinson stated that some of this shows in the projections by going up $6 million. He pointed out that there is another major building that was not occupied, and he feels that $6 million is conservative. 5148 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 Villa Del Sol - The $2 million in the projections is from the Tax Appraiser's Office. There were two buildings not on the tax rolls yet, but will be included in this coming year (2004/2005). · Industrial/Commercial - Last year there was almost $4 million and projections for next year are at $2 million. A valuation increase of 8% has also been projected for next year. Originally it was forecasted at 11%, but the increase last year was actually 14%. Mr. Hutchinson used a conservative 8%. The Tax Appraiser has the increase between 11% to 12%. Mr. Hutchinson anticipates that the TIF should be reliable based upon last year's figures. He did not anticipate as great an increase as last year. The following are the projections for year 2 (2005~2006): · Southern Builders Coastal Project--a portion of the project will be coming on line during that period and should be at $2.5 million. The Harbors - Mr. Hutchinson included this project in year two to be conservative. He used a conservative figure of $12 million, compared to their sales figures. Kensington Place - Even though this may be done in year one, Mr. Hutchinson only included it in year two. The project is going up and landscaping is being put in. A conservative figure is $2 million. The following are projections for year 3 (2006/2007): · Southern Builders come in at $10 million. · The remainder of the Coastal Bay Project is projected at $2.5 million. · The Marina Project shows up for the first time partially at $10 million. · Industrial/Commercial is projected at $2 million The following are projections for year 4 (2007/2008): · The remainder of the Marina Village should be on line. The project sold out for the residential only at $98 million. Factoring in discounts and homestead exemptions, Mr. Hutchinson projected this to be at $75 million. This does not include any retail or restaurants. He feels that this figure is very conservative. 5149 · Coastline Office Building is four years away. $2.5 million is projected. Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 Blue Lagoon has closed on the property and is also four years away. The partial completion is projected at $10 million. Mr. Hutchinson thinks that this could set a record and become a $110 million to $120 million project. In the 5th year, he projected the project at an additional $65 million. The developer will be at the CRA Board meeting for site plan approval in June if everything goes according to plan. They are anticipating groundbreaking around this time next year. MLK Village - $5 million. The area is being assembled and there should be development around the 4th and 5th year. · $2 million for Industrial/Commercial. Projections for year five are as follows: · The Arches (or whatever project comes to this area) is projected at $10 million. · Coastline Office Building first phase should be completed and is projected to produce an additional $7.5 million. · Heart of Boynton has an additional $5 million projected for a total investment of $10 million. Mr. Hutchinson feels that this is a very conservative figure. · Industrial/Commercial- $1 million. None of the big projects have been pushed up and it is anticipated that they will come on line slowly. With regard to the TIF projects, for years two, three, four and five, Mr. Hutchinson projected 4%, even though the Tax Assessor's Office is two to three times this figure. He pointed out that this year they came within 1% of the projections and did receive more money than anticipated. Chairperson Heavilin questioned why Mr. Hutchinson used 4% when the Tax Assessor is using around 11% per year. He was not sure that there would be double- digit appreciation within the CRA every year. It is possible, but he felt that they could sustain at least a 4% increase each year to keep up with inflation. He pointed out that the bonding that they do will be based upon this year's income and he wanted to make sure that the figures were not overly inflated. The figures can always be adjusted if necessary. Tax rates should remain pretty stable. Chairperson Heavilin noted that the amount of the current TIF increment stated $115,738,078 and asked if this was correct. Mr. Hutchinson stated that this was a mistake and will be corrected. 5150 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 Mr. Hutchinson reported that if the CRA decides to go with short term borrowing, they could borrow between $6.1 million and $7.1 million with a five-year term. Mr. Fenton inquired if this was for obtaining a line of credit with a bank and was informed it was. Mr. Finkelstein asked what the rate of interest was based upon and Ms. Turner stated it was at 3.8% with a five-year term. Mr. Hutchinson noted that if they borrow with a credit enhancement from the City they could borrow $6.975 million, which is actually 41% of the CRA's bonding capacity. This figure is based upon 20 years amortization. If they had to borrow without the credit enhancement of the City, they are at 78% of what they could borrow. These are examples and Mr. Hutchinson pointed out that they have a greater capacity to obtain credit enhancement and to do long term bonds. Mr. Fenton assumed that the bonds would be rated AAA because of the City's endorsement at a 1%% spread. Mr. Finkelstein pointed out that if the CRA went with the 1%% spread, this increases the debt service by over $600,000. Mr. Hutchinson said that it would be higher and these figures need to be clarified. He stated that Ms. Turner would be reviewing this during her presentation. Mr. Fenton did not think it was feasible to establish a variable line of credit now because interest rates have gone up over 20 to 30 basis points in the last two weeks. He would like to see the figures at 15 years instead of 20 years because they would be paying less interest. Within five years, one-third of the debt would be paid off and they could refinance and obtain more money. Mr. Finkelstein pointed out that they need to make certain that they do not fall into a prepayment penalty that happened previously. He also thought that they could go with a fixed rate over a 15-year period. Mr. Hutchinson explained that the costs for the CRA projects could be adjusted and are not actually known. He next reviewed how he arrived at the estimates for capital projects as follows: Boynton Beach Boulevard Extension is through the phasing that has been approved. This includes permitting and design of the Promenade and Riverwalk and the underground and construction of Boynton Beach Boulevard Extension. The total costs could be $5.698 million $1,000,000 for the Old High School. Renovation costs will be between $3.8 million and $5 million. They need to have 20% to 25% to match grant underwriting in order to finish the project. MLK- The assessed value is $1.28 million and the properties are selling at 2 % to 3 times assessed value. If that were the case, it would make this project go to $3.2 million. Mr. Hutchinson estimates costs for this project at $800,000; $300,000 plus in fees, in addition to relocation costs. He estimates the total cost for this project could be $4 million. 5151 4 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 Parking includes the parking lot at Federal Highway and Ocean Avenue and Boynton Beach Boulevard. Projected costs of this project are $1.75 million. These funds will be used to secure up to 145 public spaces, depending upon the design and to reserve the right for 400 spaces in a parking garage. The $1.75 million is $1 million less than merely acquiring the property that the church is on. This would be a finished surface lot with the right to go up for additional spaces as needed. Mr. Hutchinson pointed out that he only projected out to three years for the known projects. He did not speculate on the costs for the Museum and Boynton Beach Boulevard extension. He needed direction on how the Board wanted to proceed on spending money. He pointed out that after three years the CRA would have additional bonding capacity of $17 million for other projects. If the CRA did not receive credit enhancement, this figure would drop to approximately $11 million. The figures presented show the Board how the picture looks with known factors. Mr. Finkelstein asked if the CRA wanted to keep $1 million in year 3 available for the direct incentive loan for the Arches. Mr. Hutchinson noted that this was carried forward in year 3 and 4. Mr. Hutchinson stated that the signed incentive contract would still be in effect at that time and that is why he included it. Presentation by Julie Turner - Capital Funding Options Mr. Hutchinson introduced Ms. Julie A. Turner, Principal of RBC Dain Rauscher to present a PowerPoint presentation on Capital Funding Options for the CRA. Ms. Turner stated that her presentation was based upon 20 years amortization. A copy of the presentation is on file in the City Clerk's Office. Mr. Hutchinson added that the short-term borrowing was at 5 years. Ms. Turner stated that the short term could be stretched to 7 years for more flexibility. Salient points of the presentation were - Short Term Financing: v' Provides the lowest interest costs, but would also result in lower interest earnings on the cash because the cash is being spent immediately. v' Less cash on hand and less cash flow flexibility. v' Less capacity for additional projects in a 5-year period. ,;" Future interest rate risk and may need to borrow long term for future projects when rates are higher. Long Term Financing: Higher cumulative interest costs with higher interest earnings on cash. More cash on hand and greater cash flow flexibility. 5152 5 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 v' Larger capacity for additional projects than in a 5-year period. ,/ Current Iow interest rates would be locked in. Cash could be saved for future additional projects. Mr. Hutchinson pointed out that he looked at three years of projects and he is short on funding for some. He felt it was important to get the right amount of money to get the projects done. Four financing options were looked at: Cash only Short-term financing through bank line of credit. Long-term AAA-rated, insured debt financing in FY 2004/2004 (with City pledge). Long-term non-rated debt financing in FY 2004/2005 (without City pledge). This option would have the highest cost. The proposal assumed that the CRA wanted to assume a target fund balance of 20% of prior year TIF revenues. Chairperson Heavilin thought that at one time they set an amount for the reserves. Mr. Finkelstein thought that they agreed that they needed to have a reserve, but no amount was ever set. He asked Ms. Turner if 20% was the norm for a CRA. Ms. Turner noted that most municipal governments maintain at least 10%, but those municipalities have a greater variety of revenues, which are considered more stable than tax increment revenues. Ms. Turner noted that the CRA revenues have fluctuated dramatically and were negative 22% in two years. Mr. Hutchinson explained that the figures were negative because the County pulled tax entities out of the TIF. However, there are no more tax entitles that would be pulled out of the TIF. He will discuss this at length with Ms. Turner and noted that this occurrence would not repeat. Ms. Turner stated that lending markets are extremely conservative and tax increment revenues are considered volatile and less creditworthy revenues compared to sales or gas taxes, property taxes, etc. Mr. Finkelstein said that they needed to look at the interest expense if they went with bonds as opposed to remaining with cash. Ms. Turner pointed out that annual debt service varies and the CRA could end up paying back $2 million a year. Mr. Hutchinson noted that if they went short term, the CRA would have no funds to put back, but if they went with bonds, they could take on larger projects because they would have the money in hand. Mr. Finkelstein said that these are factors that they need to look at. As noted, the cash projections in year 5 will have $3 million. Mr. Hutchinson pointed out that these are merely scenarios, but they do provide direction on how to proceed. Ms. Turner also presented short-term financing using a bank line of credit as a funding mechanism. If the CRA determined to go back to Bank of America, the CRA 5153 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 should inform the Bank that they want to refinance the current loan, but would also like to borrow an additional amount of money. The CRA should ask the Bank to do away with the pre-payment penalty and ask for today's interest rate. Mr. Hutchinson noted that they have to maintain their reserve funding, but the CRA does not have any additional surplus until the 5th year. Mr. Finkelstein inquired if the line titled "reserve fund balance" was the actual fund balance and was informed that it was. He would like to see a better spreading out of the projects because he thinks they are going to need more money to complete what they promised to accomplish. If the City agreed to bacl~ up the pledge for the CRA, this would reduce the interest rate for both short and long term financing. Ms. Turner explained that the projections she presented did not show the quarterly fluctuations and the funds indicated for that year may not always be available for a particular quarter. Mr. Hutchinson pointed out that the reserve funds are high and the true surplus is unencumbered funds. With regard to 20-year financing, this could be shortened or lengthened. At the end of the third year, they would have gotten over the quarterly fluctuations and accumulated enough revenue growth to provide additional financing capacity for $15.4 million in projects. Ms. Turner pointed out that if the CRA went with non-rated financing, the interest costs would be much higher. Chairperson Heavilin inquired why the CRA would consider this. Mr. Hutchinson responded that he has spoken to the City and the City appears to be agreeable to provide credit enhancement, but if they do not, they need to have other options. Ms. Turner stated that this would be the worst-case scenario. Mr. Finkelstein noted that there is a lot of cash remaining when this kind of money is borrowed over long term. Chairperson Heavilin suggested doing some type of combination financing. Mr. Finkelstein asked Ms. Turner if she could prepare a chart that would show the diminishing returns of the higher interest rates, the borrowing costs and net cash. He felt that this would help them decide which way to proceed. Ms. Turner stated that she could provide this. Ms. Turner concluded her presentation. III. Other Items Comments on Budget Projections Mr. Finkelstein had the following comments: (1) he would like to see the costs of the entire projects included in the figures all the way across so they could know how much they need to borrow; and (2) the projections for the Heart of Boynton should be moved up one year, because in this current year, they have not spent any money. 5154 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 Mr. Hutchinson recommended leaving $250,000. Mr. Finkglstein suggested leaving the $250,000 in the current year and to put $2 million in 2004/2005 and the balance in 2005/2006. Mr. Hutchinson recommended moving $2 million into those periods. Mr. Hutchinson will follow through on this. Chairperson Heavilin asked what the street improvements represented, and Mr. Hutchinson stated that there were none. She questioned why this was a line item. Mr. Hutchinson noted that staff needs to know how much they need to underwrite. All of the $4 million for the Heart of Boynton is going out with nothing being recovered. Mr. Finkelstein felt that the Board needed more details on the $1.75 million for the CBD Parking Site. He pointed out that there has been no analysis done to determine if these spaces are actually needed and it still needs to be determined if the parking spaces should be spread throughout various areas within the CRA. He also felt that this figure was too high and all they would be doing is purchasing rights to parking spaces, as opposed to actually buying parking spaces. Mr. Hutchinson requested direction on this, but noted that they still want to keep this on the tax rolls. Mr. Finkelstein pointed out that the Board previously discussed that they did not want to build a parking garage and Mr. Hutchinson was not clear that this had actually been decided. Mr. Hutchinson noted that a parking study had been previously done, but it is now obsolete and needs to be updated. Mr. Fenton felt that they should leave the $1.75 million in the budget until it can be determined how they should proceed with the parking. Mr. Barretta inquired how the general public would know that a project includes public parking spaces. Mr. Finkelstein responded that the public parking would be clearly marked with signage. Mr. Finkelstein questioned why $1 million has been allocated to the Old High School since they do not know what the School is going to be used for. He was under the impression that the costs for the Old High School were included in the City's bond and that the City would be rehabilitating the building. Mr. Finkelstein offered as an alternative considering contributing $50,000 a year towards the debt service of the City's bonds to do the renovations. Mr. Fenton pointed out that it has not been determined who would be in charge of operations of the School. Mr. Hutchinson said that if they went with Mr. Finkelstein's suggestion, the $50,000 would be allocated to the line item "Programs and Projects." Mr. Barretta felt that this Board should provide some direction to the City on how the building could be best used. Mr. Finkelstein thought that the City would be handling this. Chairperson Heavilin pointed out that the City did ask the CRA to provide input and a committee was formed for this purpose. Mr. Finkelstein noted that the CRA is already funding many public projects and their money is tight. Mr. Hutchinson was requested to remove the $1 million for the High School from the projections. 5155 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida April 15, 2004 Mr. Hutchinson asked how the Board wanted to handle the Boynton Beach Boulevard Extension. Mr. Finkelstein recommended that Mr. Hutchinson speak with Dennis Haynes to determine what a realistic time schedule would be for the three phases. Mr. Hutchinson felt that this could be completed within three years. Chairperson Heavilin pointed out that at the last Board meeting, the Board wanted to do the entire project. Mr. Fenton inquired if it would be beneficial to move the money immediately to SBA. Mr. Finkelstein felt that they first needed to determine if this was the place for their money. Mr. Hutchinson pointed out that this is something Ms. Turner would look at. Mr. Finkelstein would like to have a market analysis done to see where the best place would be for their money. He thought that this was being done on a quarterly basis. Ms. Turner pointed out that 90% of the governments in Florida have their money in the SBA because it is paying the highest return; however, this is subject to change. Mr. Hutchinson asked if the Board wanted to consider allocating between $500,000 to $600,000 to acquire a building and renovate it for offices. The property that staff has looked at would cost up to $500,000 and this would leave the remainder for renovations. Chairperson Heavilin felt that Mr. Hutchinson's estimates were somewhat high. Mr. Finkelstein asked if the CRA staff would consider renting larger office space. Mr. Finkelstein also recommended waiting until Ms. Turner comes back with some figures on borrowing. Ms. Turner recommended that the CRA's Controller make some phone calls in the interim to local banks to determine what the interest rates are. Mr. Finkelstein reiterated that this should be done on a quarterly basis. IV. Adjournment There being no further business the meeting properly adjourned at 8:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (April 16, 2004) 5156 9 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: May 2, 2004 INCOME STATEMENT NOTES We received $5,765.84 in interest from the Money Market Account this month. BALANCE SHEET NOTES Accounts Payable includes the following expenses incurred in April; Aetna Health Insurance $2,114.41, Blue Water Graphics $2,406.49, Comp Dent $52.48, Delray Blue Print $402.00, FPL $154.66, GFOA $193.00, Guidance Pathway System $22,702.40, Kimley-Horn Associates, Inc. $7,900.00, Petty Cash $106.96, Principal Financial Group $153.31, City of Boynton Beach $427.54, The RMPK Group $542.19, Imagistics 343.00, and Sun Trust Visa Card $446.36. These expenses will be paid by May 6, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $12,577.51, Accrued Salaries ($514.59), and Accrued Health Insurance ($856.08). 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 accounts as of the first of the month. Current Revenues received this month include $5,765.84 in interest. 5157 Currently the % of budget remaining should be 42% of the total approved budget. The following categories are below or above the 42% average by 10% or more due to the following reasons: 1. Retirement 457 Plan - Currently, only one employee is participating, however others will be joining soon. 2. Workers' Compensation - Over due to renewal must be paid up front. This is a one time yearly expense. 3. Audit - Over due to audit is incurred at the beginning of the 2003-2004 year. This is a one time yearly expense. 4. Life Insurance - Delay in initial setup due to the selection process and initial setup of Life Insurance. 5. Maintenance & Cleaning - Over due to Relax Inn Lot mowing, this has been cancelled and unforeseen needs for printer maintenance. 6. Phone Expense - Over due to cost of phone service was higher at beginning of the Fiscal Year. Staff has reduced the plan on the cell phones and changed the phone company to FDN to lower cost. 7. Property / General Liability - Over due to cost of renewal must be paid up front. This is a yearly expense not monthly expense. 8. Bond Insurance - Qver due to cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 9. Professional Insurance - Over due to cost of the renewal must be paid up front. This is a yearly expense not monthly expense. 10. Promotional / Business Meetings, CRA Meeting / Presentations, Association Meeting - Under due to staff utilizing the conference room for more meetings. 11.Mileage & Delivery Services - Under due to staff utilizing the US Post Office more. 5158 12. Seminars - Over due to cost is incurred at the beginning of the 2003-2004 Budget for the Florida Redevelopment Association Cost. This is a one time expense. 13. Office Expense - Under due to efficient purchases of CRA Board and Office Supplies. 14. Office Supplies - Over due to cost of the project books and planning and development books. Staff is charging for books and maps to offset cost. 15. Licenses, Fees, Permits - Under due to cost do not occur at given intervals. 16. Membership / Subscriptions - Over due to the costs are not monthly, but based upon renewal dates. Staff does not anticipate a problem staying in line with the budget. 17. Books & Publications - Over due to cost do not occur at given intervals. 18.Advertising - Under due to cost do not occur at given intervals. 19. Career Development - Under due to cost do not occur at given intervals. 20. Miscellaneous Expense - Under due to cost do not occur at given intervals. 21. Debt Service - CRA has not incurred additional debt to date. 22. Office Leasehold. Improvements - Under due to cost do not occur at given intervals. 23. Web Site Update / Expansion - Under due to web site is under construction now. 24. Printing & Promotional Program - Under due to annual reports are under construction now. 25. Police & Trolley Program - Under due to in the development stage. 26. Fa(;:ade Grants - Under due to existing grants are not complete at this time. APPROVED FA(~ADE GRANTS Boynton Boundless LLC Delray-Boynton Academy Fred N Joe's Automotive Grace Fellowship Church $15,000.00 $15,ooo.oo $30,000.00 $15,000.00 5159 29. 30. 27. Economic Development Grants - Under due to existing grants are not complete at this time. APPROVED ECONOMIC GRANTS Yellow Beard D/B/A Boynton Seafood $10,000.00 Innovative Windows Concepts $25.000.00 Delray-Boynton Academy $50,000.00 28. Riverwalk / Promenade Project - Under due to timing of construction, which has begun. HOB Commercial Improvements - Under due to project has just started. Way - Finding Signage - Over due to completion of sign manufacturing and delivery of sign to Boynton Beach. 31. Marina Parking Garage - Under due to project has just started. 32. CDC Parking Garage - Under due to project is in development. 33. Savage Creatures Complex - Under due to Feasibility Study has just started. 34. Miscellaneous Project- Under due to projects has not started. CASH FLOWS STATEMENT NOTE The Cash Flows Statement lists the money received and checks by vendor paid out in the current month. CURRENT APPROVED CONTRACTS Burkhardt Construction *Arches Baker Leisure Contract RBC Dain Rauscher Guidance Pathways Jack of Arts Jack of Arts Marina Village Parking RMPK.Group RMPK Group RMPK Group RMPK Group *Jonathan Ricketts TCEA $5,608,258.45 $2,000,000.00 $ 55,OOO.OO $ 20,000.00 $ 51,847.36 $ 9,950.00 $ 9,950.00 $1,050,000.00 $ 75,000.00 $ 36,000.00 $ 25,000.00 $ 150,000.00 $ 251,160.00 $ 104,000.00 BBB Ext/Riverwalk/P romenade Front Loading/Arches Feasibility Study Financial Advisory Way Finding Signs Logo, Brochure, Letterhead Website Development Parking Spaces Design Guidelines Boynton Beach Blvd Phase 1 Boynton Beach Blvd Phase 2 Master Plan Construction Manager Traffic Study 5160 *The Urban Group $ 180,878.59 Note: * items are not to exceed contracts APPROVED CONTRACTS Paid to Date Burkhardt Construction $ 669,766.59 Arches $ .00 Baker Leisure Contract $ 10,162.30 RBC Dain Rauscher $ .00 Guidance Pathways $ 43,040.66 Jack of Arts $ 4,975.00 Jack of Arts $ 4,975.00 Marina Village Parking $ .00 RMPK Group $ 37,500.00 RMPK Group $ 32,100.00 RMPK Group $ 7,000.00 RMPK Group $ .00 Jonathan Ricketts $ 9,051.96 TCEA $ 63,200.00 The Urban Group $ 4,812.45 Acquisition of Targeted Sites, Needs assessment, & Apparels BBB Ext/Riverwalk/Promenade Front Loading/Arches Feasibility Study Financial Advisory Way Finding Signs Logo, Brochure, Letterhead Website Development Parking Spaces Design Guidelines Boynton Beach Bird Phase 1 Boynton Beach Blvd Phase 2 Master Plan Construction Manager Traffic Study Acquisition of Targeted Sites, Needs assessment, & Apparels 5161 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds April 30, 2003 Total Community Redevelopment ASSETS 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 $ $ $ $ $ 6,464,505.07 3,348.92 869,209.96 $ 13,725.68 $ (3,758.25) $ 7,347,031.38 $ 37,944.80 $ 11,206.84 $ 2,752,345.10 $ 2,801,496.74 $ 3,295,835.16 $ 1,249,699.48 $ 4,545,534.64 $ 7,347,031.38 5162 Income Statement April 30,2004 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 $o.oo $o.oo $o.oo $5,765.84 $5,765.84 $o.oo $o.oo $5,765.84 YTD $2,517,634.74 $0.00 $0.00 $0.00 $0.00 $0.00 $30,079.81 $30,079.81 $4,17O.OO $4,170.00 $34,249.81 Current Total $2,517,634.74 $2,517,634.74 $o.oo $o.oo $o.oo $o.oo $35,845.65 $35,845.65 $4,17o.oo $4,170.00 $2,557,650.39 5163 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 $0.00 $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $0.00 $23.21 $o.oo $1,693.00 $o.oo $o.oo $1,71 6.21 $0.00 $4,812.45 $22,702.40 $0.00 $0.00 $162.30 $o.oo $27,677.15 $15,576.00 $1,218.87 $153.31 $200.00 $648.82 $126.80 $3,220.49 $o.oo $0.00 $618.79 $14,749.89 $1,362.50 $526.06 $o.oo $1,191.41 $466.38 $309.85 $382.50 $o.oo YTD $64,715.95 $86,162.08 $o.oo $o.oo $o.oo $150,878.03 $9,950.00 $0.00 $0.00 $0.00 $26,786.99 $0.00 $0.00 $9,750.00 $0.00 $46,486.99 $669,766.59 $0.00 $20,338.26 $0.00 $0.00 $10,000.00 $o.oo $700,104.85 $103,729.41 $6,O52.7O $877.28 $400.00 $4,489.18 $746.46 $7,528.40 $208.76 $5,975.00 $2,288.47 $119,542.03 $35,100.87 $1,840.00 $7,445.00 $7,840.00 $2,883.21 $885.52 $2,176.50 $o.oo Current Total $64,715.95 $86,162.08 $o.oo $o.oo $o.oo $150,878.03 $9,950.00 $o.oo $o.oo $o.oo $26,810.20 $o.oo $1,693.00 $9,750.00 $o.oo $48,203.20 $669,766.59 $4,812.45 $43,040.66 $o.oo $o.oo $10,162.30 $o.oo $727,782.00 $119,305.41 $7,271.57 $1,030.59 $600.00 $5,138.00 $873.26 $10,748.89 $208.76 $5,975.00 $2,907.26 $134,291.92 $36,463.37 $2,366.06 $7,445.00 $9,031.41 $3,349.59 $1,195.37 $2,559.00 $o.oo 5164 Income Statement Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Oar 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 $79.65 $32.42 $261.85 $972.94 $155.00 $0.00 $0.00 $12.49 $276.92 $336.90 $185.31 $o.oo $11.00 $24.98 $193.00 $o.oo $o.oo $2,796.00 $7.28 $233.91 $0.52 $46,331.84 $75,725.20 ($69,959.36) YTD $589.61 $145.36 $1,571.10 $672.12 $919.92 $122.76 $4,542.10 $388.13 $1,799.98 $5,619.60 $490.36 $1,567.79 $204.00 $1,940.95 $194.50 $634.50 $1,356.79 $265.77 $132.96 $1,403.46 $7.45 $334,570.55 $1,232,040.42 ($1,197,790.61) Current Total $669.26 $177.78 $1,832.95 $1,645.06 $1,074.92 $122.76 $4,542.10 $400.62 $2,076.90 $5,956.50 $675.67 $1,567.79 $215.00 $1,965.93 $387.50 $634.50 $1,356.79 $3,061.77 $140.24 $1,637.37 $7.97 $380,909.84 $1,307,773.07 $1,249,877.32 5165 April 30, 2003 'eginning Balance · ,avenues TIF Taxes Grant Funding Interest Income Other Income Total Revenue Expenditures Personnel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term/Long Term Disability Workers Comp Health insurance Life Insurance Total Personnel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense ~'ectric Expense ~e Total Equipment Leases Expenses Insurance Property/General Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel/Entertainment Expense Promotional/Business Meetings CRA Meeting/Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Qfflce Supplies Office Expense Office Supplies Total Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publlcati, Ad~/ertlsing & Public Notices Career Development O' ' Printing Expense M,..~llaneous Expense Budget To Actual Comparison Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 2003/2004 2003/2004 Date Period Totals Including Bud~let Budget Totals April Current Month 4,751,917.00 5,207,162.00 5,207,162.00 6,529,041.68 5,207,162.00 03/04 % of Budget Budget Remaining Remaining 2,361,158.00 2,374,597.00 2,517,634.74 0.00 2,517,634.74 0.00 0% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 75,000.00 75,000.00 30,079.81 5,765.84 35,845.65 39,154.35 52% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 7,188,075.00 2,449,597.00 2,547,714.55 5,765.84 2,553,480.39 207,500.00 207,500.00 103,729.41 15,576.00 119,305.41 15,563.00 15,563.00 6,052.70 1,218.87 7,271.57 9,375.00 9,375.00 400.00 200.00 600.00 0.00 2,000.00 877.28 153.31 1,030.59 1,824.00 1,824.00 2,243.57 0.00 2,243.57 16,800.00 16,800.00 7,528.40 3,220.49 10,748.89 540.00 540.00 208.76 0.00 208.76 251,602.00 253,602.00 121,040.12 20,368.67 141,408.79 44,000.00 76,742.00 35,100.87 1,362.50 36,463.37 6,000.00 6,000.00 2,288.47 618.79 2,907.26 170,000.00 219,511.00 119,542.03 14,749.89 134,291.92 7,500.00 7,500.00 5,975.00 0.00 5,975.00 2,800.00 2,800.00 1,840.00 526.06 2,366.06 13,360.00 13,360.00 7,445.00 0.00 7,445.00 243,660.00 325,913.00 172,191.37 17,257.24 189,448.61 14,112.00 14,112.00 7,840.00 1,191.41 9,031.41 7,800.00 7,800.00 2,883.21 466.38 3,349.59 1,875.00 1,875.00 885.52 309.85 1,195.37 23,787.00 23,787.00 11,608.73 1,967.64 13,576.37 4,356.00 4,356.00 2,176.50 382.50 2,559.00 1,438.00 1,438.00 1,376.57 0.00 1,376.57 350.00 350.00 372.26 0.00 372.26 3,900.00 3,900.00 2,909.77 0.00 2,909.77 5,688.00 5,688.00 4,658.60 0.00 4,658.60 4,800.00 4,800.00 672.12 972.94 1,645.06 3,000.00 3,000.00 919.92 155.00 1,074.92 504.00 504.00 122.76 0.00 122.76 6,735.00 6,735.00 4,542.10 0.00 4,542.10 1,080.00 1,080.00 388.13 12.49 400.62 3,600.00 3,600.00 1,799.98 276.92 2,076.90 19,719.00 19,719.00 8,445.01 1,417.35 9,862.36 1,500.00 1,500.00 490.36 185.31 675.67 7,500.00 7,500.00 5,619.60 336.90 5,956.50 39,154.35 88,194.59 43% 8,291.43 53% 8,775.00 94% 969.41 48% -419.57 -23% 6,051.11 36% 331.24 61% 112,193.21 45% 40,278.63 52% 3,092.74 52% 85,219.08 39% 1,525.00 20% 433.94 15% 5,915.00 44% 136,464.39 56% 5,080.59 36% 4,450.41 57% 679.63 36% 10,210.63 43% 1,797.00 41% 61.43 4% -22.26 -6% 990.23 25% 1,029.40 18% 3,154.94 66% 1,925.08 64% 381.24 76% 2,192.90 33% 679.38 63% 1,523.10 42% 9,856.64 50% 824.33 55% 1,543.50 21% 9,000.00 9,000.00 6,109.96 522.21 6,632.17 2,367.83 26% 1,250.00 1,250.00 204.00 11.00 215.00 1,035.00 83% 3,316.00 3,316.00 1,940.95 24.98 1,965.93 1,350.07 41% 500.00 500.00 194.50 193.00 387.50 112.50 23% 5,066.00 5,066.00 2,339.45 228.98 2,568.43 4,000.00 4,000.00 634.50 0.00 634.50 4,000.00 4,000.00 1,356.79 0.00 1,356.79 4,500.00 4,500.00 265.77 2,796.00 3,061.77 500.00 500.00 140.41 7.80 148.21 2,497.57 49% 3,385.50 84% 2,643.21 66% 1,438.23 32% 351.79 70% 5166 Debt Service Principal Payment Interest Expense Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Operating Expense Budget To Actual Comparison Amended 2003/2004 2003/2004 Year To Date Current Period Budget Budget Totals April 134,925.23 134,925.23 64,715.95 0.00 182,372.73 182,372.73 86,162.08 0.00 200,000.00 200,000.00 0.00 0.00 20,000.00 20,000.00 0.00 0.00 60,000.00 60,000.00 0.00 0.00 597,297.96 597,297.96 150,878.03 0.00 1,173,175.96 1,257,428.96 481,845.24 44,948.39 YTD Totals 03/04 Including Current Budget Month Remaining 64,715.95 86,162.08 0.00 0~00 0.00 150,878.03 526,793.63 70,209.28 52% 96,210.65 53 200,000.00 100,~ 20,000.00 100% 60,000.00 100% 446,419.93 75% 730,635.33 5167 Budget To Actual Comparison Amended Year To Current 2003/2004 2003/2004 Date Period Budget Budget Totals April PROGRAMS 'ffice Equipment/Furniture Office Leasehold Improvements Web Site Update/Expansion Printing & Promotional Program. Police Central Business District 175,000.00 Heart of Boynton 175,000.00 Total Police 350,000.00 Transportation/Trolley 150,000.00 Festivals/Events/Bus. Program 50,000.00 Fagade Grants 100,000.00 Economic Development Grants 50,000.00 PROJECTS RlverwalldPromenade Projects HOB Commercial/Improvements Way-Finding Slgnage Marina Parking Garage CDC Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES ~1 Reserve Balance Before DE Proposed Bonds 2,000,000.00 TOTAL RESERVE BALANCE 1,558,399.04 2,500.00 2,500.00 1,567.79 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 Y'rD 03/04 % of Totals Including Budget Budget Current Month Remaining Remainin~ 1,567.79 0.00 9,950.00 0.00 175,000.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 350,000.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 50,000.00 22,616.99 23.21 22,640.20 100,000.00 0.00 1,693.00 1,693.00 50,000.00 9,750.00 0.00 9,750.00 2,150,000.00 2,150,000.00 669,766.59 0.00 600,000.00 846,600.00 0.00 4,812.45 50,000.00 60,451.00 20,338.26 22,702.40 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 10,000.00 162.30 50,000.00 50,000.00 0.00 0.00 7,629,675.96 7,995,979.96 1,225,834.87 74,341.75 -441,600.96 -339,220.96 6,529,041.68 6~460,465.77 2,000,000.00 0.00 0.00 1,660,779.04 6,529,041.68' 6,460,465.77' 669,766.59 4,812.45 43,O4O.66 0.00 0.00 10,162.30 0.00 1,300,176.62 6,460,465.77 0.00 6,460,465.7~7 932.21 37% 1,500.00 100% 25,050.00 72% 17,500.00 100% 175,000.00 100% 175,000.00 100% 350,000.00 100% 150,000.00 100% 27,359.80 55% 98,307.00 98% 40,250.00 81% 1,480,233.41 69% 841,787.55 99% 17,410.34 29% 1,050,000.00 100% 1,750,000.00 100% 64,837.70 86% 50,000.00 100% 6,695,803.34 5168 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES $ 6,520,451.42 Interest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson Douglas Hutchinson Texas CS Unit Texas CS Unit Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Garine Ghazarian Garine Ghazarian Total Salaries Expense Payroll Tax Expense 941 Deposits Total Payroll Tax Expense Health Insurance Expense Aetna Health Insurance Comp Dent Corporation Total Health Insurance Expense Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Total Retirement Expense Professional Fees - Legal Goren, Cherof, Doody & Ezrol Total Professional Fees - Legal Festival/Events/Promotions Trophies Wheels Weekend - ( received money back from Chamber) Total General / Property Insurance Professional Fees - Contracted RMPK Group Kimley-Horn Associates, Inc · Total Professional Fees - Contracted Professional Fees - City Clerk City of Boynton Beach City of Boynton Beach Total Professional Fees - City Clerk Professional Fees - Maint. & Cleaning Voided Check to Cleaning Systems 5169 $ 1,801.78 $ 1,801.78 $ 461.54 $ 461.54 $ 1,339.62 $ 1,339.62 $ 1,312.22 $ 1,312.22 $ 817.82 $ 660.03 $ 4,953.62 $ 2,262.40 $ 52.48 $ 71.41 $ 400.00 $ 1,362.50 $ 109.32 $ 7,000.00 $ 19,700.00 $ 191.25 $ 210.90 $ (150.00) $ 5,765.84 $ 5,765.84 $ 11,308.17 $ 4,953.62 $ 2,314.88 $ 71.41 $ 400.00 $ 1,362.50 $ 109.32 $ 26,700.00 $ 402.15 $ 6,526,217.26 Reissued Check to Cleaning Systems Allan Business Machines Green Team Pest Control Bell South Communication Maint on T-1 Line Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Equipment Leases Pitney Bowes Equipment Imagistics Total Equipment Leases Miscellaneous Fees Total Miscellaneous Rent Expense Gene Moore rent May Total Rent Expense Electric FPL Total Electric Expense Telephone Cingular Wireless Bell South FDN Total Telephone Expense Promotional / Business Meetings Business Meetings (Hurricane Alley, Golden Coral) (Original Steakhouse, Court Yard Marriott (Palm Beach Days Boca Raton Fly In Total Promotional / Business Meetings CRA Meeting / Presentation Catering By Jim Total CRA Meeting / Presentation Membership, Subscriptions Downtown Reporter CD Publications FGFOA- local chapter Total Membership, Subscriptions Mileage & Delivery Federal Express Total Mileage & Delivery Office Expense Aqua Springs & Coffee Wal-Mart Total Office Expense Office Supplies Office Depot Sold Disk Total Office Supplies 'af:ade Grant Florida Trust Weiss Memorial Chapel Total Facade Grant 5170 $ $ $ $ $ $ $ $ 150.00 170.00 20.00 221.06 140.00 19.75 343.00 11.52 1,120.00 155.19 68.12 220.00 178.26 78.93 266.07 514.80 30.00 184.50 509.00 15.00 84.16 59.50 46.74 435.20 (113.25) 500.00 1,193.00 $ 551.06 $ 362.75 11.52 $ 1,120.00 $ 155.19 $ 466.38 $ 859.80 $ 30.00 $ 708.50 $ 84.16 $ 106.24 $ 321.95 $ 1,693.00 Office Equipment Office Depot Total Office Equipment Way Finding Signs Guidance Pathways Total Way Finding Signs Museum Feasibility Study Baker Leisure Group Total Museum Feasibility Study HOB The Urban Group Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES 639.84 2,005.00 162.30 4,812.45 $ 639.84 $ 2,005.00 $ 162.30 $ 4,812.45 $ 61,712.19 $ 6,464,505.07 5171 Memo To: From: Date: Re: CRA Board Susan Vielhauer April 27, 2004 Consideration of Payment of $15,000.00 for the Facade Grant Application for Grace Fellowship Church Grace Fellowship Church, located at 715 S. Federal Highway Boynton Beach, FI., has submitted a request for payment for the Fagade Grant Application, which was approved on December 14, 2003 for $15,000.00. The total portion of the project for the Facade Grant included the Sign at a cost of $19,945 and Parking Lot at a cost of $50,300. Attached are the copies of payments, checks, and Final Lien and Payment Release from Interstate Sign Crafters, Inc. and Ahrens Enterprises, inc. as well as pictures of the completed project. Staff is recommending the approval of the request for payment of $15,000.00 for the Grace Fellowship Church Fa(;ade Grant. The Budget line item Fagade Grants has funds to pay the grant request. 5172 . Grace Fellowship Dr. A.S. Brewster, Past (561) 369-3266 - Hon April26,2004 Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave. #107 Boynton Beach, Florida 33435 Grace Fellowship Church was approved by the Facade Grant for the mount of $15,000.00. What we did with this grant was to completely remodel the front of the church and the shops along with a new sign, parking lot and landscapping. We respectfully request reimbursement of the $15,000.00 grant for the completed project. We have enclosed copies of all required documntation for your review and warrant that all contractors, subcontractors, labor, materials, related fees, and permits have ben paid in full. Thank you for your consideration. Sincerely, Alan S. Brewster Senior Pastor of Grace Fellowship Church. 5173 715 S. Federal Highway. Boynton Beach, Florida 33435 · (561) 369-4387 Phone 561-547-3760 / Fax 561-547-3842 Customer Name and Address: Customer PO # Ha:old KLlpamck 700 S. Federal Hwy Job Name: BoYnton. Beach, FL Grace Fellowship Church .[ob Contact: .lob Locafioni Harold Ki/parrick 700 South Federal Highway Boynton Beach, FL Contact Phone: [Fax: Job City. State, Zip: 561-533-1450 1561-533-1500 Boynton Beach, FL CbSTO ;, vRovos u Proposal #: Sale~ Representatiy~ John Amders Due Date [ob Phone: ~-Lmount: $ ' ' 9,000.00 $ 250.00· $ 450.00 We hereby propose the follo,x6a~g specifications and estimates for: :INTERSTATE SIGNCRAFTERS SHALL NOT BE HELD RESPONSIBLE FOR DELAYS DUE TO CITY, COUNTY OR MUNICIPAL PERMIT PROCESSING TIME. /ianufacture & Install One (1) 10'-1" x 7'-4" Internally Illuminated Monument sign with approved vinyl ,lanufacture & Install SLx (6) 18" x 14' Internally Illuminated Wall Signs with approved vinyl , $2,500 Each Permit Procurement \ Engineering Permits & Procurement: To be billed, at cost, upon job completion / issuance of final invoice. Sub Total: S. ale~.T-ax--°~: We hereby propose to furnish material and labor-complete in accordance with the above specifications'for the sum off 50% Deposit: Due at Completion: $ 719,945.00 $ . $ $ 10,570.85 $ 10,570.85 Payment to be made as follows: Fifty percent (50%) due at signing, balance due at job completion. AH material is guarenteed to be as specific& All work to be completed in a pEofessional manner according to standard · ~mctices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate, aU1 agreements contingent upon strikes, accidents or delays beyond our control. Owner co carry fire, tornado, and other necessary./nsurance. Our workers are fully covered by Workmen's Compensation Insarance. Acceptance of Proposal: The above prices, ~ecificafions and conditions are satisfacto~ and are hereby accepted. You are authorized to do the work as specified. Payment will be ~e as o~d .~bove. 5174 Sales Tax not included above will be added to the total amount if appropriate. Salesperson Signature 5/28/2003 IProposal may be withdrawn, if not acce Signaru.re: Date: ~ted, within __ days. TERMS AND CONDITIONS '-- ' 1. Ail prior understand and agreements between Interstate Sigr)crafters, Inc., or its agents and the cu~f~sme~ are, M2ERGED_in this contract. This contract and any artched drawings completely express the full agreeament between parties. ·Such' c~ntmct has been entered into after full mveslSgafion by the customer, the customer not relying upon statements, representation or inc[~Ce~ents made by any representative of Interstate Signcrafters, Inc., that are not expressly set forth ha this writing. "i "~ 2. This contract may not be changed, altered, modified or canceled unless the same is set forth irs writing ,and is signed by both parties. 3. Customer acknowledges that this contract is for dxe fabrication of specially manufactured goods not sui¢l~le for-resale to others and as such may not be returned for credit or offset against any outstanding bill(s). 4. ~M1 requests for additions or extras to this contract must be set forth in writing and signed by the customer. 5. Interstate Signcrafters, Inc., shall retain title to all goods sold to the customer until such time as the full purchase price has been paid. 6. Interstate Signcrafters, Inc., shall not be liable for any resulting damages or loss suffered by the customer arising from system breakdown, business interruption or product fa/lure. Interstate' Signcrafters, Inc., sole obl/gation is to service such good. s or make such repairs as per the terms of ~he warranty agreement if any. 7. The failure of Interstate Signcrafters, Inc., to exercise any right or remedy to this agreement shall not operate as a waiver of ~uch fight or remedy. \ o. If the customer fails to make a payment as agreed, following the performance of the sex, ice of the installation of the goods sold and such fa/lure shall continue for a period of 15 or more days after the date such payment becomes due, th&n Interstate Signcrafters, inc., or its agent, shall have the right to enter upon ~e premises of the customer and take and remove the"equipment without process of law and without affecting any other fight that Interstate Signcrafters, Inc., may have. Whenever any payment is ~ot paid by the customer when due, the customer agrees to pay an additional late charge of 1 1/2°/Q of such overdue balance for each month theft the balance shall remain unpaid. Interstate Signcrafters, Inc., may, in its sole descretion, stop all work upon the contract in the event tha~ the customer fails to make the payments as agreed. 9. Any action by the customer based upon this contract hacluding, but not limited t.~,.a claim for breach of warrany, or negligence, mu~t be commenced by the customer wit}xin one year from the date of commencement of the performance of the contract work by Interstate Signcrafters, Inc. 10. Itl Interstate Signcrafxers, Inc., shall require the assistance of legal counsel to enforce any provision of this contract, then the customer addifioually agrees to pay Interstate Signcrafters, Inc., reasonable attorney fees. 11. It is hereby agreed that the place of thai of any action upon this contract exists shall be located in Palm Beach County, Florida. -Furthermore, the laws of the State of Florida shall be applicable to my such action, and the parties hereby consent and submit to the Jurisdiction of the Courts of the State of Florida. 12. ~a~ny controversy or claim arising out of or relating to this con,act, or the breach thereof, shall be settled by arbitration ha accordance with the Commercial Arbitration Rules of the American ~_rbitxation Association, and judgement upon the award rendered by arbitrator(s) may - be entered in any court having jurisdiction thereof. No arbitration arising out of or relating to this agreement shall include, by consolidation, joiner or ha any other manner, any additional person not a party to this agreement except the written consent of all parties to this agreement. The arbitration shull be held ha Palm Beach County, Florida. ALI fees and expenses of the arbitration shall be borne by the parries equally. However, each party, shall bear the expense of its own experts, witnesses and preparation and presentation of proofs. If Interstate Signcrafters, Inc., prevails, it shall be entitled to an award of reasonable attorney's fees. 5175 GRACE FELLOWSHIP BUILDING ACCOUNT 561-369-4387 715 S. 'FEDERAL HWY. · BOYNTON BEACH, FL 33435 FIDELITY FEDERAL SAVINGS BANI[ WEST PALM 3EACH. FL 33407 027 $3-8735/ 10/3/2003 PAY TO THE ORDER OF INTERSTATE SIGNCRAFTERS Five Thousand and *********************************************************** __ 5176 ', GRACE FELLOWSHIP BUILDING ACCOUNT 561-369-4387 71,~ S. FEDERAL HWY.' · &/2/2003 · BOYNTON BEACH, FL 33435 ~ ~ ~. '.. " ' '. . _ F,ve Thousand Two. Hundred Seven~'TWo;'a~d:;~O/lO0************************** DOL~R~ . · . m. ':'4 ": :: ': ~ ~ '~' 5177 FIDELITY FEDERAL BANI~ &TKUST Account Number: 5179 FINAL LIEN AND PAYMENT RELEASE CONTRACT AGREEMENT NO.: ! PROJECT: APPLICATION NUMBER: CONTRACT PRICE: NET EXTRA AND DEDUCTIONS: ADJUSTED CONTRACT PRICE: AMOUNT PREVIOUSLY PAID: BALANCE DUE: The undersigned hereby acknowledges that payment, to be received, of the Balance Due will represent full and final payment ~'or all work, labor and mater/als furnished in connection with its work on the Project in accordance with the Contract, or otherwise. The undersigned warrants and represents that it has paid all sub-contractors, laborers and material men employed in the prosecution of the work or providing labor, material or services in connection with work and has filed no liens with respect to the Project. The undersigned agrees to indemnify and hold harmless Owner from any and all claims, suits, actions, damages, and attorney's fees in connection with or arising out of the furnishing of such work, labor and materials for the Project, in consideration for payment of the Balance Due, hereby releases its. right'to file a mechanics' or other lien against the Project, or any part thereof, or against any fund applicable thereto. The undersigned guarantees that all portions of the work were furnished in accordance with the Contract and that all guarantees issued under the Contract shall run from the date thereof. (Contr r) By: . ,, (AFFIX CORPORATE SEAL) County of ~~'~_ On the ,20 e~,fi~.~me personally c me known, who, being by me duly sworn, i epose and say he is the ~/' [,"' of the corporation described in and which execuled the foregoing instrument: that he knows the seal of said corporation; and the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. ~/)tTr~'~ S~ra trliri~ola FINAL LIEN AND PAYMENT RELEASE CONTRACT AGREEMENT NO.: ~ PRO'CT: APPLICATION NUMBER: CONTRACT PRICE: NET EXTRA AND DEDUCTIONS: ADJUSTED CONTRACT PRICE: AMOUNT PREVIOUSLy PAID: BALANCE DUE: The undersigned hereby acknowledges that payment, to be received, of the Balance Due will represent full and final payment ~'or all work, labor and materials furnished in connection with its work on the Project in accordance with the Contract, or otherwise. The undersigned warrants and represents that it has paid all sub-contractors, laborers and material men employed in the prosecution of the work or providing labor, material or services in connection with work and has filed no liens with respect to the Project. The undersigned agrees to indemnify and hold harmless Owner from any and all claims, suits, actions, damages, and attorney's fees in connection with or arising out of the-furnishing of such work, labor and materials for the Project, in consideration for.payment of the Balance Due, hereby releases its. right'to file a mechanics' 'or other lien against the Project, or any part thereof, or against any fund applicable thereto. The undersigned guarantees that all portions of the work were furnished in accordance with the Contract and that all guarantees issued under the Contract shall run from the date thereof. ,ated: 04--Dkr D4- o, (AFFIX COKPORATE SEAL) me duly sworn, did depose and say he is the ~,/~ of . the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation; and the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. -'-~ ~ ~Y ~0~ ?~ 882'8 MlrlS01a 5181 Notary Public ,,:~.:....< ,, . . - E~.." ~' ~tY_,ommi~m # DD 01~83 PROJECT OR, ACE FELLOWSHIP CHURCH 100 S, ~OYNtON B~ACH. ~L 3~ PHONE 5E, 1 883-9004 }*AX' ~.~1 853.¢007 DATE OF A~'PLICATION NUMB]~R PEq:OD APPLJCA'FIC. N t,~ MADE FOF. eAYMENT. A~ SHOV',/N 6F..L~W', IN GONNECTICC, N W~"N' THIS CONTRACT TOTAL COMPLETED TO DATE: RET^INAGE~ $0% TOTAL EARNED LESS ~ R~OVE ~A~ASPHA[T ;OR NEW ~S AR~ -~' ~ ~MOVE ~$T P~Ni'ER/GRAD~ROC~'PAVE - - ~ ' 3 RESURFAOE ~ST PARKING -- -- ~ -- 001 INCREASE }N CONTRACT PRICE k_. . ....... I I Page 1 5182 Sheet1 APPLICA'T]ON FOR PAYMENT PROJECT: c~=?,,~,cov4~j.~ C.~U~CN .._ t~ KqN~-TIC ROxD PHONE: ~61 AHRENS COMPANIES DATE OF API~LICATION: APPLICATION NUMBER; PERIOD FROM: FAX: ~ a~3qt007 ..... ~'o~ A~'~'~s US,' ONLY" ' .... A~4OUNT AN~ JOe _co~E c~r~o_~9- ~w~w~ e~: ~~.~ .~[~ o~ '- - APPLICATION CONNECTION WiTH TH/~ CONTRACT G BELOW ..... '" CURRENT PAYMENT DUE ~ A e c o E I '~= 0 ~ ~ ~ V~ ~GA~ ~AT~ ~ TO ~ ~ ~H ~AI~ -, 1: 8~VE ~AaPHA~T FOR N~ L$ A~.. 3 RESURFACE ~($T PARING -- "~Of INCREA6E IN CONTRACT PR~E - - - .......... OO~ .. FILU~BO~HIN~ TIM~REMOVE ASPHALT Page 1 5183 .ePA_CB FJ':~O!Jp Sheet1 AHREN$ COMPANIES Ii' ' ,~ - -- .... 1481 KINETIC ROAD ' I.-A~E PARK, FL PHONE: ~81 M3..1~4 FAX; ~1 DATE Off API=UCATION. APPLI~AT~N NUMBER; PERIOD gROM: .-O3 SUBCONTRACTOR: I~M CONITRI~.~I'I~N, th~, . CONNECTION W~TH TH~S CONTACT LO~T~I, ~ ~ ?OTAL ~O~ED TO DATE, ..... J I1~ I I I II . ~ APPLICATION I$ MAOE FOR PAYMENT, AS SHOWN BILLOW, iN TOTAL EARNED LESS RETASNAGE CURRF. NT PAYMENT DUE (H ~LuS ~ 5184 Sheet1 APPLICATION FOR PAYMENT p ROdECT: GRACE FE6LOWBHIP CHURCH I1~1_ '" . ?00 $. FID~RAL fiIG~AY ~y~oN B~H, FL AHRENS COMPANIES PHONE: $~I 8~3-~004 FAX: 58t ee3.goo7 DATE OF APPLICATION: APPLICATION NUMBER: PERIOD FROM: SUBCONTRACTOR: BCM COI~T~.UCTION_. INC.. CONNECTION WITH THIS CONTRACT '?pT r~THeOU~Nea'm . __ I.OXAt~..TOHI~.. FL 3~.70 , TOTAL COMPLETED TO DATE: II1.?e3-114~- FAX:Ht.?I3.?J43 ..... G BELOW RETAINAGE. 10% FOR AHREN$ U~iE ONLY AMOUNT, ANO dO~ OOOE,, _,,CAT_E..GORY REVle, vEO a.¥: ~ATE: t.~?,lo , APPROVED BY: ~ DATE: APPLICATION I$ MADE gOR PAYMENT; AS SHOWN 8ELOW, IN TOTAL EARNED LESS RETAINAGE , ~ L~$,~ laREVIOU$ PAYMENTS CURRENTPAYMENTDUE i BELOW) ~_ B ..c o ~ V~S AP~CATI~ ' ~~'.. ~ ~TE TOF~H ~T~ 1 R~0VE ~S~ASP~LT FOR NEW L$ AR~ - ' .. 2 REMov~ ~I_~T P~NTe~RAO~OC~pA~ ' - / 3 eeSURFAC~ ~I$T ~AR~NG / _,~_ -- [C~' ]INCR~$EIN ~O~RACT PRICE .... " 002 FIL~BORtMACHINE )M~R~OVE ASPHALT TOTAL s~,~oe~e ~ page 1 5185 Sheet1 APPLICATION FOR PAYMENT AHRENS COMPANIES 't4~1 KINETZC ROAD .... {,~,Kt PARK. FL, ~1g~1 -- .m, , ~, OAT~ OF APPLICATION; APPLICATION NUMBER: PERIQO gROM: APP~CATION (~ ~OE FOR PAYMENT, A~ 6HOWN BELOW, IN CONNECTION WITH TH~$ CONTRACT TOTAL ~Id~NED LESS RI~TAINAG~ CURRE, HT PAYMENT DUE 5186 AHRENS COMPANIES 1461 KINE-TlC ROAD LAKE PARK, FL ~403-1911 (~81) 683-9004 Y~ *******~"***Twent~~~ix thousand COLONIAL BANK 83-151 0 8 7 0 1 0 No~h Palm Bead. h, FL $~4~8 670 Seven hundred thirty dollars and no cents BCM CONSTROC?ION 15287 67th Court N~rth Loxaha%chee, FL 33470 u'O~ ?0 ~0,,' DATE CHECK NO. AMOUNT December 23, 2003 87010 $***~26,730.00 O ~ &O ~ ~t5 ~'000 ~B ? ~000," OATE INVOICE NO. 6-20-03 7-20-03 8-20-03 12-06-03 ~[TPA1GRACE RETPA2GRACE RETPA3GRAC[ ~[TPA4GRAC[ GRAC[ GRACE GRAC~. GRACE AMOUNT" 1161.00 350.00 549.00 2970.00 5030.0C OEDUC, TION .0o .00 .00 .00 BALANCE 1161.00 350.00 549.00 2970.00 ,0o 5030.00 5~87 ay: AHRENS COMPANIES 1481 KINETIC ROAD LAKE PARK, FL 33403-1911 (560 863-e004 PALM BEACH NATIONAL BANK 63-864 & TRUST COMPANY 670 Jupiter, FL 085836 four hundred forty-nine dollars and no cents August 1, 2003 85836 $*****10,449.00 BCM CONSTRUCTION ,..~,, .... 15287 67t'h Court North O2Oi5~6~_ Od.<~"~ ,~D~20 ~9/~-D~5.~O8 ~.~ ....................................................................................................................... ~ ...... ". '~ '... /.2 ..... ~,.m~t~tt .. J ,"000 ~044 AHRENS COMPANIES 1461 KINETIC ROAD LAKE; PARK, FL ~3-1911 (581) 863-9O04 ay: ************************* PALM BEACH NATIONAl. BANK 63-864 & TRUS¥ COMPANY 8?0 Jupiter, FL 086030 thousand one hundred fifty dollars and no cents BCM CONS?ROCTION 15287 67th Court North Loxaha~chee, FL 33470 OP r)ATE. Gl ;ECK NO. AMOUN I August 28, 2063 86030 $******3,150.00 ,"OOOO ~ & 5DOD," AHRENS COMPANIES 1461 KJNE"T]C ROAO LAKE PARK, FL 33403-1911 (561) 863-9004 pAL,M BEACH NAI'IONAL BANK ~ & TRUST COMPANY 670 Jupiter, FL 086~48 ~ay: **********~*****Four thousand nine hu~d~ed forty-one dollars and ~o cents 'F',; ;! September 11, 2003 86148 $*****'4,941.00 BCM CONSTRUCTION 15287 67th Court North FINAL RELEASE AND WAIVER OF LIEN The undersigned lienor, in consideration of payment in the amount of $25,000,00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Grace Fellowship Church on the job of the following property described as: GRACE FELLOWSHIP CHURCH 715 S. FEDERAL HVVY BOYNTON BEACH, FL 33435 DATED THIS DAY OF 2004. WITNESSED BY LIENOR: Ahrens Enterprises, Inc. Dlbla Ahrens Companies 1461 Kinetic Road Lake Park, FI 33403 PRINTED NAME Sworrvl and,, subscribed to before --me this who iS_Lbersopellv kr~nwn hv ~ and who did not take an oath. , ,;, _ _,~ Nota~ Public of Note: This is a statutory form prescribed by Section 713.20, Flodda Statutes (1996). Effective October' 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Word\voll\forms2\STATUTORY REL. doc 5189 FINAL RELEASE AND WAIVER OF LIEN The undersigned lienor, in consideration of payment in the amount of $25,000.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Grace Fellowship Church on the job of the following property described as: GRACE FELLOWSHIP CHURCH 715 S. FEDERAL HWY BOYNTON BEACH, FL 33435 DATED THIS DAY OF 2004. WITNESSED BY LIENOR: Ahrens Enterprises, Inc. D/b/a Ahrens Companies 1461 Kinetic Road Lake Park, FI 33403 PRINTED NAME Sworm and.~ subscribed to before ~q'~e this , 2004 by who is I~ersortallv kr~n~n hvme and who did not take an oath. --'.i' :.~ MY COMiVIISSION-~ DD 136420 .~. ~ i1~.~.~ EXPIRES: July 24, 2006 ~?', ~""_'"~"°"_~"u"'~"T;~'r' Notary Public of Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Word\voll\forms2\STATUTORY REL.doc 5190 FINAL RELEASE AND WAIVER OF LIEN The undersigned lienor, in consideration of payment in the amount of $25,000.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Grace Fellowship Church on the job of the following property described as: GRACE FELLOWSHIP CHURCH 715 S. FEDERAL HWY BOYNTON BEACH, FL 33435 DATED THIS DAY OF 2004. WITNESSED BY LIENOR: Ahrens Enterprises, Inc. D/bla Ahrens Companies 1461 Kinetic Road Lake Park, FI 33403 PRINTED NAME , 2004 by who'is, l~ersonallv lcj3nwn hvn'u~, and who did n-~t tartan oath. - ' ~_..,,,,~. ..... ~ Nota~ Public Note: This is a statuto~ ~ ~bed by Section 7~3.20, F/oEda Statutes (199~). Effective October ~, lg96, a ~e~on may not ~qui~ a lienor to fumi~ a waiver or ~/ease of /ien that i~ different f~m the statuto~ fo~. Word~voll\form s2\STATUTORY REL.doc 5191 Si__gn Before Sign After 5192 Church Before Church After 5193 Church Before Church After 5194 Church Before Church After 5195 Church During 5196 V. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5197 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing 5198 Any person who decides to appeal any decision of the Community Redevelopment Board w/th respect to any matter considered at this .meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Planning and Zoning Items Will be delivered · upon receipt 5199 TO: FROM: I'HROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG & ZONZNG DZVZSZON MEMORANDUM NO. PZ 04-100 Chairman and Members Community Redevelopment Agency Board, Mayo~mmission Dick H~_. ~l~, AICP Senior Planner Michael W. Rumpf~'~7-~ Director of Planning and Zoning May 5, 2004 Bayfront/ANEX 04-001-LUAR 04-001 To annex the property, amend the Future Land Use Designation from CH/5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to ]:nfill Planned Unit Development (]:PUD). Property Owner: Applicant/Agent: Location: Parcel Size: Existing .Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PRO3ECT DESCI~TPI'J:ON Southern HOmes of Palm Beach V, LLC Southern Homes of Palm Beach V, LLC/Carlos .1. Ballb~ of Keith & Ballb~, Inc. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit "A'~) +2.46 acres CH/5 Commercial High ]:ntensity with an underlying residential density of 5 dwelling units per acre (du/ac) (Palm Beach County) CG Commercial General (Palm Beach County) Special High Density Residential (20 du/ac) ]:PUD [nfill Planned Unit Development 48-unit apartment community Page 2 File Number: LUAR 04-001-ANEX 04-001 Bayfront Adjacent Uses: North: Property within the City of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm Beach County designated CH/5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 Medium Density Residential (5 du/ac) and zoned RM-Multi-Family ResidenUal. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EXECUTE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted ~edera/H/ghway Corr/dor Community Redeve/oprnent P/an. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project is developed in the ]:PUD zoning district. 4. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residential land use in the Federal Highway corridor. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corddor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.~6 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives .of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services Standards, and incrementally annexing enclave prope~es with the intent to reduce them below the lO-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) cdteda by which land use amendments and rezonings are to be reviewed as indicated in Seddon 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. Whether the proposed rezoning wou/d be cons/stent with applicable comprehensive p/an poi/c/es/nc/ud/ng but not//m/ted to, a prohibition against any increase in dwe///ng unit dens/b/exceeding 50 in the hurricane evacuation zone without written approva/ of the Pa/m Beach County Emergency P/arming D/v/s/on and the C/b/'s manager. The p/ann/rig department sha// a/so recommend I/m/rah'ohs or requirements, which wou/d have to be imposed on subsequent deve/opment of the property, in order to comp/y with poi/c/es contained in the comprehensive p/an. Page 4 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residenUal uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classificaUon, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designaUons from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1,17.1 The City shall continue to discourage add/bona/commercial and/ndustn'al uses beyond those which are currently shown on the Future Land Use Nap, except where access/s greatest and impacts on res/denb'a/ /and uses are /east';' and "Policy 1. ~ 9. ? The City shall continue to change the land use and zoning to permit only res/denb'a/ or other non-commercial uses/n areas where the demand for commercial uses will not increase, parb'cu/aHy /n the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal hl/_qhway Corridor Community Redeve/ooment P/an, which was adopted by the City on May 16, 2001. The plan's recommendaUons for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensiUes that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 8:[) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. [n addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense.massing of buildings. b. Whether the proposed rezon/ng would be contrary to the established land use pattern, or would create an isolated d/strict unrelated to adjacent and nearby districts, or would consb'tute a grant of spec/al privilege to an individual property owner as contrasted w/th the protect/on of the pub/lc we/fare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residenUal developments with densities greater than :[0.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densiUes ranging from 2:[ du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Bayfront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting exisUng commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or chang/ng cond/b'ons make the proposed rezon/ng des~tab~e. The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, otten the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the ]:PUD regulations in tune 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compab'b/e w/th ub'/ity systems, roadways, and other pub//c £ac///b'e$. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,247 average daily trips compared to 439 average daily trips generated by the proposed multi-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :LO-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from March 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. Page 6 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Whether the proposed rezoning would be compaq'hie with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. Whether the property is physically and economically developable under the existing zoning. The property is currently vacant and most probably could be developed; however, with annexation into the City, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezoning /s ora scale which/s reasonably related to the needs of the neighborhood and the c/b/ as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corddor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate s/tes elsewhere/n the dty for the proposed use, in districts where such use/s a/ready a/lowed. Residential densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residenUal development could occur at a density of ;L0.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. 14ASTER/SI'rE PLAN ANALYS]:S The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federa/Highway Corridor Community Redevelopment Plan"Study Areas ]: and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. ]:t is a basic expectation that anyone requesting the use of the :]:PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an ]:PUD must be accompanied by a detailed master plan or site plan. Tn this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. Page 7 File Number: LUAR 04-001-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stories, Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. that includes a clubroom with kitchenette and bathrooms. CONCLUS:I:ONS/RECOI4 MENDAI'J:ON$ The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa/H/_qhway Corr/dor Commun/ty £edeve/opment P/an. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the dty, both fiscally and esthetically; support recognized commercial nodes and the downtown commercial core, and the proposed development meets the standards expected when a project is developed in the IPUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". A'I-TACHMENI'$ S:\PlannlnG\SHARED\WP\PRO.1ECTS~Southern Homes of Palm Beacfi\BAYFRONTt, LUAR 0~-00[\STAFF REPORT NEW.doc BAYFRONT: LOCATION MAP EXHIBIT A GC LRC NIC LEGEND ,",, City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational TO: FROM: THROUGH: DATE: PRO-1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG & ZONI'NG DI'V~Si'ON MEMORANDUM NO. PZ 04-100 Chairman and Members Community Redevelopment Agency Board, Mayo~mmission Dick I-~d~{~h, AICP SenioFPlanner Michael W. Rumpf~'~ Director of Planning and Zoning May 5, 2004 Bayfront/ANEX 04-O01-LUAR 04-001 To annex the property, amend the Future Land Use Designation from CH/5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to Thrill Planned Unit Development (IPUD). Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PRO3ECT DESCR/PT]:ON Southern Homes of Palm Beach V, LLC Southern Homes of Palm Beach V, LLC/Carlos .1. Ballb~ of Keith & Ballb~, ]:nc. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit "A'~ +2.46 acres CH/5 Commercial High Intensity with an underlying residential density of 5 dwelling units per acre (du/ac) (Palm Beach County) CG Commercial General (Palm Beach County) Special High Density Residential (20 du/ac) TPUD Infill Planned Unit Development 48-unit apartment community Page 2 File Number: LUAR 04-001-ANEX 04-001 BayfTont Adjacent Uses: North: Property within the City of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm Beach County designated CH/5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 rvledium Density Residential (5 du/ac) and zoned RM-Multi-Family ResidenUal. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, properb/in unincorporated Palm Beach County designated CH~5 and zoned CG occupied by a single-family dwelling. EXECUTZVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal Highway Corridor Commun/ty Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project is developed in the ]:PUD zoning district. 4. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residential land use in the Federal Highway corridor. BA~KGRQUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were .already ,~ developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.a,6 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Rodda Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. State annexaUon law allows the annexaUon of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives .of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the lO-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the peUtion against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendaUons contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwe///ng unit dens/b/exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager, The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property,/n order to comply w/th po/lc/es contained/n the comprehensive p/an. Page ,~ File Number: LUAR 04-O01-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corddor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Po/icy 1.1 ?. 1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on residential land uses are /east';' and "Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal H/_ahwav Corridor Commun/tv Redeve/oz~ment P/an. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing, Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transiUon to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense .massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an/so/ated d/str/ct unrelated to adjacent and nearby d/str/cts, or would constitute a grant of spec/al pr/vi/ege to an/nd/v/dud property owner as contrasted w/th the protection of the pub/lc we/fare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already ~, developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Ba~front enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or chang/rig cond/tions make the proposed rezoning de~/rab/e. The request for conversion of parcels designated for commercial uses to multi-family residenUal for condominium and townhouse development has become more prevalent in the Federal Highway corddor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adopUon of the IPUD regulations in .lune 2002, provided an attractive incenUve for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in condiUons serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utzlity systems, roadways, and other public fad//ties. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,247 average daily trips compared to 439 average daily trips generated by the proposed mulU-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Assodates dudng the TCEA application process, the Federal Highway roadway from 23"" Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from March 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. Page 6 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properbbs. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property is phys/ca//y and economically developable under the existing zoning. The property is currently vacant and most probably could be developed; however, with annexation into the City, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezon/ng /s ora scale which/s reasonably related to the needs of the neighborhood and the city as a who/e, The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere/n the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residenUal development could occur at a density of :~0.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. NASTER/$1TE PLAN ANALYSTS The ]:PUD regulations are intended to be used in situaUons where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federa/Highway Corridor Community Redevelopment Plan"Study Areas z and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectation that anyone requesting the use of the IPUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. Page 7 File Number: LUAR 04-001-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classificaUon is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 17640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. that includes a clubroom with kitchenette and bathrooms. CONCLUSIONS I RECOMMENDAT~ONS The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa/H(qhwav Corr/dor Commun/ty £edeve/opment P/an. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically; support recognized commercial nodes and the downtown commercial core, and the proposed development meets the standards expected when a project is developed in the IPUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS $:\PIannIng\SHARED\WP\PRO.1E~uthern Homes of Palm Beach\BAYFRONT~LUAR 0~001\STAFF REPORT NEW.doc BAYFRONT-' LOCATION MAP EXHIBIT A / oc / LRC / / NIC LEGEND "',, City Boundary Future Land Uses: LRC . Local Retail Commercial GC - General Commercial R - Recreational ;40 ~ TO: FROM: THROUGH: DATE: PRO.1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNI'NG & ZONZNG DI'V];$tON MEMORANDUM NO. PZ 04-101 Chairman and Members Community Redevelopment Agency Board Mayor and~ommission Dick H ud~)h{u~CP Senior Planner Director of Planning and Zoning May 5, 2004 Oceanside/LUAR 04-003 To amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and Rezone from C-3 Community Commercial to IPUD Infill Planned Unit Development Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: PRO3ECT DESCR.TP'rJ:ON Southern Homes of Palm Beach, V LLC Hector Garda/Carlos Ballb~ of Keith and Ballb~, Inc. West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. (Exhibit "A'3 ±2.26 acres Local Retail Commercial C-3 Community Commercial Special High Density Residential (20 du/ac) ]:PUD Thrill Planned Unit Development 45-unit Multi-family Development Developed commercial property (self-storage facility) designated Local Retail Commercial and zoned C-3 Community Commercial Page 2 File Number: LUAR 04-003 Oceanside South: Vacant property located in unincorporated Palm Beach County, designated CH/5(Commercial High Intensity with an underlying residential density of 5 du/ac) and zoned CG (Commercial General) East: Right-of-way of Federal Highway then property located in unincorporated Palm Beach County designated CH/5(Commercial High ]:ntensity with an underlying residential density of 5 du/ac) and zoned CG (Commercial General). West: Developed residential property located in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RlVl Multi-family Residential EXECU'DI'V'I~ SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the intent of the Comprehensive Plan; 2. ]~t will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compaUble with adjacent land uses; 3. It will represent redevelopment and enhancement of the Federal Highway Corridor; and 4. Will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density ResidenUal classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax Page 3 File Number: LUAR 04-003 Oceanside base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYSIS The parcels, which are the subject of this land use amendment, to~al 2.26 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Deparl~nent of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adopUon. Even though ~he requested density for the site is greater than 10 du/ac, ~he parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development RegulaUons, Chapter 2, Section 9, Adm/n/strab'on and Enforcement, [tern C. Comprehensive P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehens/ve p/an po/ides including but not//m/ted to, a proh/b/b'on against any increase/n dwelling unit density exceeding 50 in the hurricane evacuab'on zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's r/s/~ manager. The planning department shaft a/so recommend/imitaEons or requirements, which would have to be imposed on subsequent development of the property,/n order to comply w/th po/lc/es contained in the comprehensive p/an. Over the past several years, the City has seen a shi~c from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.1Z 1 The City shall conb'nue to discourage add/bona/commercial and industn'al uses beyond those which are currently shown on the Future Land Use Map, except where access/s greatest and impacts on res/denb'a/ /and uses are /east';' and "Po/icy 1.19. 7 The City shall conb'nue to change the land use and zoning to permit only res/denb'a/ or other non-commercial uses/n areas where the demand for commercial uses will not increase, parb'cu/ar/y /n the Coasta/ Area. " Page 4 File Number: LUAR 04-003 Oceanside The subject properly is located in Planning Area V (Entrances to the City) in the Federal Hi_qhway Corridor Community Redevelo. oment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: 'Encourage a variety of housing, Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substanUal enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. bm Whether the proposed rezon/ng would be contrary to the established land use pattern, or would create an isolated d/strict unrelated to adjacent and nearby districts, or would constYtute a grant of special privilege to. an individual property owner as contrasted with the protection of the public welfare. Parcels lying on west and southwest of the subject property are in unincorporated Palm Beach County and are designated for single-family residential with a density of 5 du/ac. Tn addition, property within the City having C-3 Community Commercial zoning may develop as multi-family residential at a density of 10.8 du/ac and in the County, property with CHH land use has the alternative of developing at 5 du/ac. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densities greater than 10,8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or changing conditions make the proposed rezon/ng desirable. Page 5 File Number: LUAR 04-003 Oceanside The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, oEen the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the [PUD regulations in 3une 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compat/'b/e w/th uE//ty systems, roadways, and other pub/lc fac/l/t/es. The applicant has provided a traffic analysis that indicates that if the property were developed to its fully-allowed potential as a commercial use, it would generate 3,073 average daily trips compared to 42:t average daily trips generated by the proposed multi-family development, or 2,652 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Assodates during the TCEA application process, the Federal Highway roadway from 2.3r~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projects demands are expected to be Z9,350 gallons for water and 8,708 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School Distric~ of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The determination is valid for one year from March 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed rezoning would be compat/'ble with the current and future use of adjacent and nearby properb'es, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property/s physically and economically developable under the ex/st/nE zoning. The property is currently developed as a sales office for the rezoning applicant, Southern Homes, and is developable under current commercial zoning. Page 6 File Number: LUAR 04-003 Oceans/de Whether the proposed rezon/ng is ora sca/e which is reasonably re/ated to the needs of the ne/ghborhoed and the c/ty as a who/e. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate s/tes e/sewhere /n the ¢/ty for the proposed use,/n distr/ct~ where such use is a/ready a/lowed. Residential densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of :10.8 du/ac; however, those sites do not offer the opportunitY for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. t4ASTER/STrE PLAN ANALYSTS The ]:PUD regulaUons are intended for use in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Cor/fdor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. [t is a basic expectation that anyone requesting the use of the IPUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an ]:PUD ]:nfill Planned Unit Development must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows forty-five (45) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decoraUve moldings, appliques columns and balconies; all represent a relatively high qualitY of architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.9 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Page 7 File Number: LUAR 04-003 Oceanside Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.08 acre will be located along the north boundary of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ff. with clubroom, kitchenette and bathrooms. CONCLUSIONS/RECOMI~! ENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create addiUonal impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses. It will represent redevelopment and enhancement of the Federal Highway Corridor, will contribute to the overall economic development of the City and. will increase the range of housing opportuniUes for residents of Boynton Beach. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B'. ATTACHMENTS $:\Plannlng~SHARED\WP\PRO3ECT~Southem Homes of Palm Beach\Oceanside\LUAR 04-003'~h'TAFF REPORT NEW,doc OCEANSIDE: LOCATION MAP .J NIC SITE EXHIBIT A NIC NIC LEGEND "',, City Boundary Future Land Uses: LRC . Local Retail Commercial N TO: THROUGH: FROM: DATE: SUB.1ECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-096 Chair and Members Community Redevelopment Agency Michael W. Rumpf~~' Director of Planning & Zoning Ed Breese Principal Planner April 30, 2004 Coastal Bay Colony - File No. MPMD 04-002 Master Plan Modification (Amending setbacks) PRO3ECT NAME: LOCAl'TON: APPLICANT: LAND USE/ZONING: Coastal Bay Colony - MPMD 04-002 2505 South Federal Highway Thomas Pagnotta, Director of Operations for Southern Homes Special High Density Residential (SHDR) / ]'nfill Planned Unit Development ([PUD) NATURE OF REQUEST Mr. Thomas Pagnotta, Director of Operations for Southern Homes, is requesting to modi~ the Master Plan for Coastal Bay Colony. This development is located on the west side of South 'Federal Highway, just south of Golf Road (see Exhibit "A"- Location Map). The specific request is to amend the side setbacks for Lots 3 and 59 from the previously approved ten (:~0) feet to five (5) feet, in order to improve and enhance the front entry and drive. BACKGROUND/ANALYSIS On February 18, 2003, the City Commission granted site plan approval for the Coastal Bay Colony project, a development consisting of 64 fee simple townhouse units in :[2 separate buildings on a 4.34-acre parcel (see Exhibit "B" - Site Plan). The plan also includes a recreation area with a clubhouse and pool. The number of units within each building varies from three (3) to eight (8) units. The buildings will be two (2) and three (3) stories high and include two (2) and three (3) bedroom units. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. On April 20, 2004, the City Commission granted site plan time extension approval for this project, based upon staff and CRA recommendation, as Southern Homes had been diligently working to finalize all required paperwork and drawings. According to the applicant, the proposed amendment would improve the entrance to the site by providing, two ~es of stacking in front of the entry gates. One lane would accommOdate residents through an electronic .emote control within their vehicle. The other lane would allow visitors/guests to dial the individual homeowners for admittance through a keypad system. Additionally, the maneuvering area immediately in front of the gates has been expanded to improve the traffic circulation and turning movements of vehicles X Memorandum No. PZ 04-096 Coastal Bay Colony MPMD 04-002 Page entering and exiting through the gates. As a result of these proposed improvements, the side setbacks of townhouses on lots 3 and 59. are being reduced from ten (10) feet to five (5) feet. The original Master Plan proposed a six (6) foot high pre-cast concrete wall along the north and south property lines of the development, with lots 3 and 59 having ten (10) feet between the wall and the associated townhouse. As proposed with this Master Plan Modification, lot 3 would now have five (5) feet between the structure and the north buffer wall and lot 59 would have five (5) feet between the structure and the south buffer wall. A review of the adjacent properties revealed that the property to the north is a Sunoco Gas Station, zoned Community Commercial (C-3), which would allow a zero (0) side setback from this project. However, the portion of the Sunoco parcel immediately adjacent to the requested five (5) foot setback is an asphalt area used for parking and traffic circulation. The property to the south is a professional office plaza, zoned Community Commercial (C,-3), also requiring no side setback. The segment of the site immediately to the south and adjacent to the requested five (5) foot setback is a portion of the large parking lot for the plaza. Depending upon the ultimate use and site design if redeveloped, adjacent uses could negatively affect the subject units of this project. However, based upon the above information, it would appear as though the requested amendment to the Master Plan has little to no affect on the adjacent properties and improves the on-site operations and traffic circulation for Coastal Bay Colony. RECOMMENDA11:ON The Technical Review Committee (TRC) has reviewed this Master Plan Modification request, and recommends approval, based upon the attributes of the entire project, the compatibility of the proposed modification with both the intent of the IPUD zoning and the surrounding urban environment, and given the lack of negaUvf impacts upon adjacent properties. This staff recommendation is contingent upon the comments indicated i~. Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the CRA or City Commission shall be documented accordingly in the Conditions of Approval. MR/eb Xc: Central File S:~Plannlng~SHARED~WP~PROJECTS~Southem Homes of Palm Beach\Coastal Bay Colony MPMD 04-002~Staff Report.doc Location Map COASTAL BAY COLONY- EXHIBIT "A. R3 REC EXHIBIT "E .i · I [I APPROVE£ i i il PLAN U.S. HIGHWAY NoJ [SOUTH FEDERAL HIGHWAyj EXHIBIT "f PROPOSED F 0 /> EXHIBIT "C" Conditions of Approval Project name: Coastal Bay Colony File number: MPMD 04-002 Reference: 2n~ review plans identified as a Master Plan Modification with a Planning and Zomg Department date stamp marking of April 27, 2004. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE PUBLIC WORKS - Traffic Comments: NONE ENGINEERING DWISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not X ensure that additional comments may not be generated by the Commission and at permit review. UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE MPMD 04-002 COA 05/03/04 2 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 2. Continue tree planting scheme along the entire length of the north side of X Unit #3. MV~sc SflPlanning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Coastal Bay Colony~MPMD 04-002\COA.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Coastal Bay Colony Thomas Pagnotta, Dir. Of Operations for Southern Homes 12900 SW 128th St., Suite 100, Miami, FI 33186 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 18, 2004 TYPE OF RELIEF SOUGHT: Request master plan modification approval to amend the approved side setbacks from ten (10) feet to five (5) feet for Lots 3 and 59. LOCATION OF PROPERTY: 2505 South Federal Highway SEE EXHIBIT "b" ATTACHED HERETO. DRAWING(S): THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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 headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby · GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk TO: DEVELOPMENT DEPARTMENT PLANNZNG AND ZON:ZNG DZ~SZON MEMORANDUM NO. PZ 04-091 STAFF REPORT Chairman and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .Johnson, AICP Planner DATE: PROJECT NAME/NO: REQUEST: May 4, 2004 Bayfront / NWSP 04-002 New Site Plan Property Owner: Applicant: Agent: LocaUon: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: AdJacent Uses: North: South: PRO3ECT DESCRZPTZON Southern Homes of Palm Beach 1V, LLC Southern Homes of Palm Beach ~V, LLC Mr. Carlos ]. Ballbe / Kelth & Ballbe, ]:ncorporated West side of South Federal Highway, approximately 1/4 mile south of Old Dixie Highway (see Location Map - Exhibit "A") CH/5 Commercial High (unincorporated Palm Beach County) at 5 du/ac CG General Commercial (unincorporated Palm Beach County) and Residential Multi-family Special High Density Residential (SHDR - 20 du/ac) Znfill Planned Unit Development (];PUD - 20 du/ac) 48 fee-simple townhomes 107,158 square feet (2.46 acres) Undeveloped property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); Developed commercial property located in unincorporated Palm Beach Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 2 County with a Commercial High Density (CHS) land use classificaUon, zoned General Commercial (CG); East: Right-of-way for Federal Highway, then farther east is vacant commercial property located in unincorporated Palm Beach County with a Commercial High (CH/5) land use classification, zoned General Commercial (CG). West: Northern half - partially developed property with a General Commercial (GC) land use classificaUon, zoned General Commercial .(GC). Southern half - partially developed residential property located in unincorporated Palm Beach County with a Commercial High (CH/5) land use classificaUon, zoned Residential Multi-family (RM). Site Characteristic: According to the survey, the subject property is comprised of two .(2) lots and sparsely populated with palm trees and various groundcover plants. This undeveloped site also contains a six (6)-foot high fence located along its southem perimeter. The highest elevation is a point :t4. ! feet above sea level, located at the southwest corner of the site. No unity of title would be required for this project because all new legal descriptions (for each unit) would be addressed during the replat process (see Exhibit "C' - Conditions of Approval). BACKGROUND Proposal: rvlr. Carlos Ballbe, representative for Southern Homes of Palm Beach IV, LLC, is proposing a new site plan for 48 fee-simple townhouse units. Approval of this project is contingent upon the approval of the corresponding request to annex the subject property into the City Of Boynton Beach (see Exhibit "C'- CondiUons of Approval). The applicant would also be requesting to designate the subject property with the. ]:nflll Planned Unit Development (]:PUD) zoning district. Townhouses are permitted uses in the IPUD zoning district. The maximum density allowed by the Special High Density Residential (HDR) land use classification is 20 du/ac, which would allow the developer a maximum of 49 units. The project would be built in one (1) phase. ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, after the 2005 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 3 School: Driveways: Parking Facility: Landscaping: recommending that the review of specific drainage soluUons be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C'- Conditions of Approval). The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. The project proposes one (1) point of ingress / egress to the subject site, located on Federal Highway. The ingress lane would be 13 feet in width and the egress lane would be 12 feet in width. Four (4) inch wide double lane striping would separate the entrance and exit lanes. According to the Typical Pavement Section shown on the site plan details (sheet SP2 of 2), the private rights-of-way, internal to the development would be 60 feet in width. Each side (or half) of this right-of-way would consist of 12 feet of asphalt and 18 foot long parking stalls for a total of 30 feet. Additionally, a four (4) foot wide pedestrian sidewalk would be placed in front of each dwelling unit for pedestrian circulation. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 48 residential units in conjunction with a clubhouse / recreation areas and therefore, 96 parking spaces would be required (see Exhibit "C"- Conditions of Approval). The plans show that the development would have a total of :[08 parking spaces or an excess of 12 spaces. Five (5) of the spaces would be designated for handicap use. The parking spaces would be located throughout the project but each unit would have a row of parking spaces in close proximity to their front door. According to the Traffic Markings plan (sheet TM! Of :t), the 90- degree parking stalls would be dimensioned nine (9) feet in width by :[8-feet in length. The handicap parking spaces would be dimensioned :[2 feet in width (with an extra 5-feet of striping) and :[8 feet in length. According to the site plan tabular data (sheet SP2 of 2), the proposed pervious area would total 0.68 acres or 26.32% of the site. The Landscape Quantities table indicates that 59.5% of the trees and 52.6% of the shrubs would be native. However, at the time of permitting, the landscape plan shall provide 50% native plant materials for the following categories: shade trees, palm trees, and shrubs / groundcover (see Exhibit "C' - Conditions of Approval). The site plan (sheet SP1 of 2) shows that a landscape buffer seven (7) feet- three (3) inches is proposed along the west (N 08°:[3'3:['' E) property line. The landscape plan (sheet P-l) shows that a row of White Stopper hedges and Green Buttonwood trees are proposed within this landscape buffer. The south landscape buffer (along property line - S 89°40'16'' W) would be at least five (5) feet in width. This landscape buffer would contain a row of White Stopper hedges and a mix of Live Oak, Cabbage palm, and Wax Privet trees. The north lan-dscape buffer (along property line - N 89°40'16'' E) would be at least five (5) feet in width. This Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 4 Building and Site: landscape buffer would contain the same plant material as the southern landscape buffer. However, it would also have 10 Pink Trumpet trees proposed within the rear yard of the townhouses. The east landscape buffer (along property line - S 17013'26'' W) would be at least 10 feet - two (2) inches wide. This buffer would contain more landscape material than the other buffers because it is adjacent to Federal Highway. This buffer would be planted with the following: seven (7) Wax Privet, seven (7) Cabbage palm, four (4.) Pink Trumpet, two (2)'l~bouchina, two (2) Hedjool Date palm, :[0 White Stopper, 10 Japanese Yew, 30 Dwarf Bougainvillea, and 61 Wax Leaf Jasmine. The front of each unit would have either Washingtonia palms or Live Oak trees and Wax Leaf Jasmine groundcover. All air conditioners would be located on the ground to the rear of each unit and screened with various hedge material. The clubhouse would be surrounded by a row of White Stopper hedges and Green Malayan Coconut palm trees. The applicant is requesting to rezone the property to the IPUD zoning district and build to a density of 11.9.5 dwelling units per acre. The maximum density allowed by IPUD zoning district (Special High Density Residential land use classification) is 20 dwelling units per acre. The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed three (3)- story fee-simple townhouses would be 36 feet - nine (9) inches, measured at the mean roof height. The peak of the roof would be 4.3 feet - four (4.) inches in height. According to the site plan, a C.B.S. wall, six (6) feet in height would be placed around the entire property. Although not dimensioned, it appears that the new wall would be setback at least four (4) feet from the east property line (facing Federal Highway). The 48 dwelling units are proposed within five (5) separate buildings on the 2.46- acre site. The plan proposes a mix of two (2) and three (3) bedroom units. Each of the five (5) buildings would contain varying unit types as well (Unit A, Unit B, or Unit C). According to the floor plans (sheets ~.2 and 13), the smallest sized unit would be 1,260 square feet in area and the largest sized unit would be 1,64.0 square feet. The IPUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that they would exceed the basic development standards. On the site plan tabular data, the minimum setbacks are shown as follows: front - 10 feet, rear- 10 feet, and side - 5 feet. However, the building labeled as"Building 3" is shown on the site plan to be setback 10 feet - six (6) inches from the south (side) property line, a difference of almost five (5) feet. This is because the developer wants to be able to have the flexibility to deviate from the minimum setback such as long as the buildings do not further encroach into the required setbacks. Staff concurs with this scenario and notes that the Setback table shown on sheet SP2 of 2 regulates the project's minimum required setbacks. Each unit owner would be allowed to have a 30 square foot concrete patio in the Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 5 Design: Signage: rear yard. The concrete patios would be 10 feet In length by three (3) feet in depth, resulting in a. seven (7) to eight (8) foot distance between it and the south property line. "Building ! and 2" are proposed along the east property line. They would be setback 10 feet - two (2) inches from the east (front) properly line. No concrete patios are proposed for these units. The plan shows that "Building 5" would be setback at least 11 feet from the north (side) property line. The concrete patios would be setback eight (8) feet from the north property line. Finally, "Building 4"would be setback 10 feet- six (6) inches from the west (rear) property line. No screened or solid-roofed enclosures are proposed or permitted for any of the units. The pool / recreation area would be located near the center of the development. It would include a pool area and a clubhouse building. The elevation (sheet 1) shows that the building would have a mean roof height of 14 feet - 10 inches with the peak of the decorative cupola at 21 feet- six (6) inches. A six (6) foot high white aluminum fence would surround the enUre recreation area. The proposed buildings and clubhouse resemble a Neo-Mediterranean design with Spanish "S" '131e roof. The majority of exterior walls of the buildings will have a smooth stucco finish with multiple color options. The varieties of Sherwin Williams paints are proposed as follows: Torchlight SW 6374, Golden Oak SW 2824, and Ivory SW 6107. All buildings will be accentuated with faux balconies having aluminum railings, window shutters, stucco banding, and imitation keystone trim. All accent features such as entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural enhancements such as raised trim and smooth stucco banding represents relatively high quality architectural design and materials. A covered entry canopy is proposed at the main entrance along Federal Highway. Although not dimensioned, when scaled, the entry canopy would have a clearance of approximately 18 feet-six (6) inches. The bottom of this arch would be 12 feet - six (6) inches in height. The main access drive leads directly to the recreation area. The recreation area would serve as a terminating vista from Federal Highway. The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric plan detail (sheet PH1 of 1) shows that the light pole would be 20 feet in height. The material would be a square concrete pole. The color of the pole fixture is undetermined at this time. The conceptual entrance elevation shows that a "Bayfront" sign would be located on the entry walls located along Federal Highway. However, the detail does not indicate the signage area, materials, or color. Staff recommends that the lettering be made of PVC and bronze in color. The wall shall be painted the same or similar to the building colors. The signs would have to comply with Chapter 21, Article ZV, Section 1.D of the Land Development Regulations (see Exhibit "C"- Conditions of Approval). Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 6 RECOMMENDATION: The Technical Review Committee ('I'RC) has reviewed this request for new site plan approval. Staff recommends approval of the site plan, contingent upon successful annexation and rezoning (ANEX 04- 001) and also subject to satisfying all comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or Clty Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Southern Homes of Palm Beach\BAYFRON'r~NWSP 04-O02\Staff Report. doc BAYFRONT.' LOCATION MAP EXHIBIT A GC LRC NIC LEGEND '"', City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational LOT 39 ,. ) / EXHIBIT "B" ' EXHIBIT "B" PRELIMINARY DRAWINGS - NOT FOR O© C 0 N S TRU CT1 0" oo~ EXHIBIT "B" Z RE LIMINARY DRAWINGS NOT FOR CONSTRUCTION EXHIBIT "B" PRELIMINARY i ~l~l['-':[~'[ ~ DRAWINGS - NOT FOR C ONSTRU CT1 0N EXHIBIT "B" PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION I: ~1 II I'1~ I a-k_l~l '~il~tJtl llllllll IIIIIIIIII1:1~ ~ ~! ~ i! ~ '~lllJlllllltllllllll'lJ J PRELIMINARY DRAWINGS - NOT FOR ~XHIBIT "B" mm 'I CONSTRUCTION EXHIBIT "B" flL~~I PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION ~ '~,,,,,,,,,,,,,,,,, .l-'qi--1F-F-I Il ;Il, mi EXHIBIT "B" EXHIBIT "B" I ._..-..--...,, ,,-,:,,,,, .',,"-', .,,, ,;' ,,,,,, ,,, ,, ]ii ,,h LOT 39 [iIi// BAYFRONT SITE PLANTING PLAN EXHIBIT "C" Conditions of Approval Project name: Bayfront File number: New Site Plan Reference: 2"a review plans identified as a New Site Plan with an April 13, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Re-orient the dumpster enclosures throughout to provide a minimum turning radius of 60 feet to approach thc dumpster and a minimum backing clearance of 60 feet, measured from the front edge of the dumpster pad. (LDR, Chapter 2, Section 1 l.J.2.b.) 2. Relocate the banyan trees or if possible, trim up the branches of those trees located near the locations of the proposed dumpster enclosures in order to provide thc necessary vertical clearance for solid waste pickup. The trimming should be to the minimal extent possible in order to provide clearance but yet without bein~ too excessive. PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: 3. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 4. Permits from the Florida DOT will be required for all work within thc Federal Hwy. right-of-way. 5. Indicate, by note on the landscape plan, that within the sight triangles there shall be an unobstructed cross-visibility at a level between two and one-half (2 ½) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 6. The medians on Federal Highway adjacent to this project have existing irrigation and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information. COA 05~4~4 2 DEPARTMENTS INCLUDE REJECT 7. Full drainage plans, including drainage calculations, in accordance with Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Prior to issuance of a Land Development Permit provide a copy of the homeowners association documents for review and approval. 9. A replat of the subject property is required prior to the issuance of any building permits. 10. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 11. Prior to the issuance of a Land Development Permit or any building permits, provide a plan depicting off-site, roadway improvements on Federal Highway acceptable to the Florida Department of Transportation (FDOT) and the City of Boynton Beach, based on the findings of the Pre-application meeting with FDOT, held on March 11, 2004. 12. No wastewater system is readily available to this project without an upgrade to the existing lift station and force main located on the east side of Federal Hwy. Provide the cumulative effects of the sanitary sewer loading from the Bayfront, Oceanside, and Waterside developments on the lift station at Turner Road. 13. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 14. 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)). 15. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department apphcation forms or with/n 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 16. Comprehensive Plan Policy 3,C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for irrigation. COA 05/04/04 3 DEPARTMENTS INCLUDE REJECT 17. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 18. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 19. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 20. The LDR, 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 this condition. 21. Appropriate backflow preventer(s) will be required on the domestic water service to the buildings, and the fire sprinkler line(s) if there are any, in accordance with CODE Sec. 26-207. 22. Screen the private lift station in accordance with City Standard G-4. 23. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: 24. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida COA 05/04/04 4 DEPARTMENTS INCLUDE REJECT shall be submitted for review at the time of permit application 25. At time of permit review, submit signed and sealed working drawings of the proposed construction. 26. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 27. Submit a notarized affidavit (on the letterhead of the property owner, company or association) to properly determine the impact fees that will be assessed for the clubhouse. The letter shall list and contain an answer to the following questions - · Will the clubhouse be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the clubhouse? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 28. A water-use permit from SFWMD 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. 29. 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 (CBBCO, Chapter 26, Article II, Sections 26-34): * The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The number of bedrooms in each dwelling unit; · The total amount paid and itemized into how much is for water and how much is for sewer. 30. At time of permit review, submit separate surveys of each lot, parcel or tract. COA 05/04/04 5 DEPARTMENTS INCLUDE REJECT For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 31. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property (CBBCO, Chapter 1, Article V, Section 3(0). The following information shall be provided: * A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The total amount being paid. 32. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building tTpe shall be submitted. 33. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. PARKS AND RECREATION Comments: 34. Recreation Facilities Impact Fee- the plans show 48 Multi-family units. The fee is calculated as follows: · 48 single family attached units ~ $771 ea. = $ 37,008 FORESTER/ENVIRONMENTALIST Comments: 35. All shade and palm trees on the Plant List must be listed in the specifications as a minimum of 12 feet to 14 feet in height, three (3) inch caliper at DBH, four and one-half (4½) feet off the ground, including multi-stem species and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 feet to 14 feet in order to meet the three (3) inch caliper requirement, or the four (4) foot, six (6), or eight (8) foot clear trunk specification (Chapter 7.5, Article II Section 5.C. 2). COA 05/04/04 6 DEPARTMENTS INCLUDE REJECT 36. The applicant should show an elevation (cross-section) detail on the landscape plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the two (2) proposed three-story buildings from the heights of 14 feet to 40 feet along the South Federal Highway road right-of-way. 37. There is no irrigation system design included with the site plans. The irrigation design should be low-flow for water conservation. 38. Staff recommends installing the Sweet Mahogany trees (proposed in the interior landscaping island) at 16 feet. 39. Staff recommends substituting the Washingtonia robusta palms either with Roystonea elata Palms or Wodyetia bifurcata. PLANNING AND ZONING Comments: 40. Approval of this site plan is contingent upon the accompanying requests for annexation and rezoning (AN-EX 04-001). This includes the proposed project den. sity. 41. Each survey should be signed and sealed (Chapter 4, SeCtion 7.A.). Copies are not permitted. 42. The plans show that 3 feet x 1 O-foot concrete patios are proposed in the rear of the buildings. Since the actual building location may slightly shift during the permitting process, the patios shall be setback no less than five (5) feet from the north (side) and south (side) property lines in order to preserve the landscape buffer. 43. The IPUD zoning district does not require five (5) separate parking spaces for this type, size, and location of recreation area with this project. At the time of permitting, modify tabular data to reflect that the recreation area spaces are not required spaces. 44. On the typical floor plans (sheet Al. 1 and Al.2), indicate the size of each unit (under air), expressed in square feet. 45. On the landscape plan (P-l), ensure that the plant quantities match between the tabular data and the graphic illustration. 46. At the time of permitting, the landscape plan shall provide 50% native plant material for the following categories: shade trees, palm trees, and shrubs / groundcover (Chapter 7.5, Article II, Section 5.P). COA 05/'05/04 7 DEPARTMENTS INCLUDE REJECT 47. The typical drawing of the freestanding outdoor lighting poles must include the height and color / mater/al. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F. 1.) 48. The subdivision wall sign(s) may not exceed 32 square feet in area (Chapter 21, Article IV, Section I.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made of PVC (or other comparable mater/al) and bronze in color. Staff also recommends that the wall be painted the same or similar to the building colors. 49. Indicate the building footprint of the closest building on the abutting properties to the west, north, and south. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 50. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 51. To be determined. MWP,/elj S:\Planning\SHAP. ED\WP\PROJECTS\Southern Homes of Palm Beach\BAYFRONT~NWSP 04-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bayfront APPLICANT'S AGENT: Mr. Carlos Ballbe / Keith & Ballbe, Incorporated APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 18, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 48 fee-simple townhouses on 2.46 acres in the IPUD zoning district. LOCATION OF PROPERTY: 3440 North Federal Highway, west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynt°n Beach, Florida on the date of headng 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 .. G .P~NTED subject to the conditions referenced in paragraph 3 hereof. , , . DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: S:~PIanningKSHAI~,D\W'P~PROJ~CTSKSouthcrn Homes of Palm Beach~BAYFRONTh~WSp 04-002~DO.doc City Clerk TO: TH RU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONI'NG DZV'ZS~'ON MEMORANDUM NO, PZ 04-093 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee .Johnson, AICP ~,--~ Planner May 5, 2004 Oceanslde / NWSP 04-004 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: ProPOsed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PRO.1ECT DE$CRZPTZON Southern Homes of Palm Beach :IV, LLC Southern Homes of Palm Beach ]:V, LLC Mr. Carlos .1. Ballbe / Keith & Ballbe, ]:ncorporated 3655 North Federal Highway; west side of Federal Highway, approximately :[/8 mile south of Old Dixie Highway (see Location Map - Exhibit "A'~ Local Retail Commercial (LRC) Community Commercial (C-3) Special High Density Residential (SHDR - 20 du/ac) ]:nfill Planned Unit Development (]:PUD - 20 du/ac) 45 fee-simple townhomes 98,549 square feet (2.26 acres) Developed commercial property (Victoria's Closet mini self-storage) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 2 South: East: West: Site Characteristic: Proposal: Vacant property located in unincorporated Palm Beach County with a Commercial High Density (CHS) land use classification, zoned General Commercial (CG) and Residential IVlulti-family (RM); Right-of-way for Federal Highway, then further east is vacant commercial property located in unincorporated Palm Beach County with a Commercial High (CH/5) land use classification, zoned General Commercial (CG). Developed residential properly located in unincorporated Palm Beach County with a Commercial High (CH/5) land use classification, zoned Residential Multi-family (RM). The subject property is shaped like a parallelogram and is comprised of two (2) lots totaling 2.26 acres. As indicated on the survey, the site fronts on Federal Highway, just south of Victoria's Closet storage use project (COUS 02-004). The subject site is nestled in a pocket of properties both inside and outside the city limits. Any neighboring properties not located within the city are under Palm Beach County jurisdiction. Two (2) years ago, Mr. Carlos Ballbe submitted a new site plan (NWSP 02-027) to construct a temporary, 3,200 square foot sales / construction trailer for Southern Homes of Palm Beach. The temporary sales / construcUon trailer is currently used as the "home base" for the applicant's multiple residential projects (i.e. Merano Bay, Coastal Bay Colony, Bayfront, and Oceanside) planned in the City of Boynton Beach. In addition to the sales trailer and related parking areas, the survey shows the site contains Cabbage Palm, slash pine, and some unidentified trees. The eastern portion of the site has been developed while the western portion remains undeveloped with native and exotic vegetation. The survey from the previous staff report (Memo No. 03-036) indicated that the highest elevation is 10 feet - five (5) inches, located towards the southern portion of the site near the center. No elevations are indicated on this site plan's survey. BACKGROUND Mr. Carlos Ballbe, representative for Southern Homes of Palm Beach IV, LLC, is proposing a new site plan for 45 fee-simple townhouse units. Approval of this project is contingent upon the approval of the corresponding request to rezone the property from C-3 to ]:PUD (see Exhibit"C"- Conditions of Approval). Townhouses are permitted uses in the IPUD zoning district. The maximum density allowed by the Special High Density Residential (HDR) land use classification .is 20 du/ac, which would allow the developer a maximum of 45 units. The project would be built in one (:[) phase. The staff report (Memo No. PZ03-036) for the sales trailer project Indicated that the use of the trailer would cease after two (2) years. It appears as though that estimation was accurate as evidenced by this new site plan request. A billboard is located at the southeast corner of the property. It would be removed in conjunction with the development of the townhomes (see Exhiblt"C"- Conditions of Approval). Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 3 Concurrency: Traffic: Drainage: School: Driveways: Parking Facility: Landscaping: /~, NALYS*rS A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service, The Palm Beach County Traffic Division has determined that the proposed residential project is located within the Coastal ResldenUal ExcepUon Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County, No building permits are to be Issued by the city, after the 2005 build-out date, The County traffic concurrency approval Is subject to the Project AggregaUon Rules set forth in the Traffic Performance Standards Ordinance, Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C"- Conditions of Approval). The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population, The project proposes one (1) point of ingress / egress to the subject site, located on Federal Highway. The site plan (sheet SP1 of 2) shows that this point of access would be 25 feet in width and allow for right-turn-only egress. Four (4) inch wide double striping would separate the entrance and exit lanes. According to the Typical Pavement Section shown on the site plan details (sheet SP2 of 2), the private rights-of-way, internal to the development would be 60 feet in width. Each side (or hal0 of this right-of-way would consist of 12 feet of asphalt and 18 foot long 90-degree parking stalls for a total of 30 feet. Additionally, a four (4) foot wide pedestrian sidewalk would be placed in front of each dwelling unit for pedestrian circulation. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 45 residential units and therefore, 90 parking spaces woUld be required (See Exhibit"C"- Conditions of Approval). The plans show that the development would have a total of 92 parking spaces or two (2) excess parking spaces to be located in front of the clubhouse area. All parking spaces would be distributed throughout the project but each unit would have a row of parking spaces in close proximity to their front.door. According to the Traffic Markings plan (sheet TM1 Of 1), the 90-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in length. According to the site plan tabular data (sheet SP2 of 2), the proposed pervious Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 4 Building and Site: area would total 0.73 acres or 32.3% of the site. The Landscape Quantities table indicates that 68.9% of the trees and 51.4% of the shrubs would be native. However, at the time of permitting, the landscape plan shall provide 50% native plant materials for the following categories: shade trees, palm trees, and shrubs / groundcover (see Exhibit "C" - Conditions of Approval). The site plan (sheet SP1 of 2) shows that a landscape buffer seven (7) feet - six (6) inches is proposed along the west (rear) property line. The landscape plan (sheet P-l) shows that a row of White Stopper hedges and Live Oak trees are proposed within this landscape buffer. The plans also show that three (3) Cabbage palm trees would be preserved within this buffer. The south (side) landscape buffer would be at least five (5) feet in width. This landscape buffer would contain a row of White Stopper hedges and a mix of Dahoon Holly, Live Oak, and Cabbage palm trees. The north (side) landscape buffer would be at least five (5) feet in width. This landscape buffer would contain Live Oak, and White Stopper hedges. The east landscape buffer would be at least 12 feet in width. This buffer would contain more landscape material than the other buffers because it is adjacent to Federal Highway. This buffer would contain the following: five (5) Wax Privet, two (2) Medjool Date palms, five (5) Pink Trumpet, six (6) Royal palms, two (2) Tibouchina, 99 Dwarf Bouganvillea, 10 Japanese Yew (installed as hedges), 15 Blue Plumbago, 188 Lantana, 31 Wax Leaf.Jasmine, and 119 Kings ManUe groundcover. The front of each unit would have Cabbage palms or Live Oak trees, White Stopper hedges, and Wax Leaf .]asmine groundcover. The air conditioners would be located on the ground to the rear of each unit and those units located on the sides would be screened with various hedge material. Live Oak trees would surround the clubhouse area. Staff recommends installing extra shrub material in front of the pool fence (see Exhibit "C"- Conditions of Approval). The applicant is requesting to rezone the property to the IPUD zoning district with a density of 19.9 dwelling units per acre. The maximum density allowed by IPUD zoning district (Special High Density ResidenUal land use classification) is 20 dwelling units per acre. The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with the adjacent properties would be jeopardy. The proposed three (3)-story fee-simple townhouses would be 36 feet - nine (9) inches, measured at the mean roof height. The peak of the roof would be 43 feet- four (4) inches in height. According to the landscape plan, a C.B.S. wall, six (6) feet In height would be placed around the entire property. Although not dimensioned, it appears that the new wall would be setback at least nine (9) feet from the east property line (facing Federal Highway). The 45 dwelling units are proposed within five (5) separate buildings on the 2.26- acre site. The plan proposes a mix of two (2) and three (3) bedroom units. Each of the five (5) buildings would contain varying unit types as well (Unit A, Unit B, or Unit C). According to the floor plans (sheets 12 and 13), the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 5 Design: The ]:PUD zoning district has no actual building setback requirements, however, the buildings are arranged In such a way that they would exceed the basic development standards. On the site plan tabular data, the minimum setbacks are shown as follows: front - 10 feet, rear - 10 feet, and side - five (5) feet. However, the building labeled "Building 3" is shown on the site plan with a side setback of 11, a difference of almost slx (6) feet. This is because the proposed setbacks are intended as minimum dimensions to be exceeded where possible. The buildings shall not encroach into the self-imposed minimum required setbacks. Staff concurs with this scenario and notes that the setback table shown on sheet SP2 of 2 regulates the project's minimum required setbacks. Each unit owner would be allowed to have a 30 square foot concrete patio in the rear yard. The concrete patios would be 10 feet in length by three (3) feet in depth, resulting In seven (7) to eight (8) foot distance between it and the south property line. The tabular data on sheet SP2 of 2 indicates that these rear patios would be setback eight (8) feet from the side .and rear property lines. "Building i and 2" are proposed along the front property line. The buildings would be setback 12 feet from this eastern property line. "Building 1" would be setback five (5) feet from the north property line. Similarly, "Building 2" would be setback five (5) feet from the south property line. No concrete patios are proposed for these units. The site plan shows that "Building 5" would be setback at least 10 feet - six (6) inches from the north (side) property line. The concrete patios would be setback eight (8) feet from the north property line. Finally, "Building 4" would be setback 10 feet - six (6) inches from the west (rear) property line and 13 feet from the south (side) property line. The tabular data Indicates that screened-roofed (and solid-roof) enclosures are not allowed. Any such proposal in the future would require a master plan modification. The recreation area would be located near the center of the development. would include a swimming pool and a clubhouse building. The elevation (sheet 1) shows that the building would have a mean roof height of 14 feet- 10 inches with the peak of the decorative cupola at 21 feet - six (6) inches. A six (6) foot high white aluminum fence would surround the entire recreation area. The proposed buildings and clubhouse resemble a Neo-Mediterranean design with Spanish "S" Tile roof. The majority of exterior walls of the buildings would have a smooth stucco finish with multiple color options. The varieties of Sherwin Williams paints are proposed as follows: Torchlight SW 6374, Golden Oak SW 2824, and ]:vow SW 6107. All buildings would be accentuated with faux balconies having aluminum railings, window shutters, stucco banding, and imitation keystone trim. All accent features such as entry doors, pre-cast concrete balustrades and caps, pre,cast columns, and all architectural enhancements such as raised trim and smooth stucco banding present a higher quality of architectural design and materials. A covered entry canopy is proposed at the main entrance along Federal Highway. ._.c775 i Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 6 Signage: Although not dimensioned, when scaled, the entry canopy would have a clearance of approximately 17 feet- six (6) inches. The bottom of this arch would be ;L2 feet - six (6) inches in height. The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric plan detail (sheet PHZ of 1) shows that the light pole would be 20 feet in height. The material would be a square concrete pole. The color of the pole fixture is undetermined at this time. The conceptual entrance elevation shows that a "Oceanside" sign would be located on the entry walls located along Federal Highway. However, the detail does not indicate the signage area, materials, or color. Staff recommends that the lettering be made of PVC and bronze in color. The wall shall be painted the same or similar to the building colors. The signs would have to comply with Chapter 21, Article Section 1. D of the Land Development Regulations (see Exhibit "C"- Conditions of Approval). RECOHMENDA'I~ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval of the site plan, contingent upon the successful rezoning (LUAR 04-003) and also subject to satisfying all comments indicated in Exhibit "C' - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Southern Homes of Palm Beach\Oceanside\NWSP 04-004\Staff Report.doc OCEANSlDE:'LOCATION MAP NIC NI¢ LEGEHD ",., City Boundary Future I.~.d Uses: ~ LRC . I.Qcal Retail Commercial ~XHIBIT I-!-I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" .¢-/? & 6oo - NOT FOR CONSTRUCTION EXHIBIT "B" PRELIMINARY DRAWINGS NOT .s-/?g FOR CONSTRUCTION , ' ' EXHIBIT.."B" IOCEANSIDE srrE PLANTING PLAN EXHIBIT "C" Conditions of Aooroval Project name: Oceanside File number: NWSP 04-004 Reference: 2~t review plans identified as a New Site Plan with a April 13, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: 1. The minimum required outside turrdng radius for Fire/Rescue and Solid Waste equipment is 55 ft. in accordance with the Fire Protection Code. Please ensure this requirement is met. ENGINEERING DMSION Comments: 2. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 3. Permits from the Florida DOT will be required for all work within the Federal Hwy. right-of-way. 4. Show the locations of the proposed light poles on the site plan (Chapter 4, Section 7.B.4.). 5. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A. 1.b). 6. Indicate, by note on the landscape plan, that within the sight triangles there shall be an unobstructed cross-visibility at a level between two and one-half (2½) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 7. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Prior to issuance of a Land Development Permit provide a copy of the homeowners association documents for review and approval. 9. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design COA 05~05~04 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Prior to the issuance of a Land Development Permit or any building permits, provide the cumulative effects of the sanitary sewer loading from the Bayfront, Oceanside, and Waterside developments on the city's sanitary system downstream of these projects. Any required system improvements, including upsizing lif~ station(s) and increasing main sizes will be the sole responsibili~ of the developer. 11. Palm Beach County Health Department permits will be required for the water and sewer systems servin~ this project (CODE, Section 26-12). 12. 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 ~reater (CODE, Section 26-16(b)). 13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 14. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for irri~ation. 15. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 16. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Depaxtment before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 17. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to. service this project, in accordance with the CODE, Section 26-15. COA 05~5~4 3 DEPARTMENTS INCLUDE REJECT 18. The LDR, 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 this condition. 19. PVC material is not permitted on the City's water system. All lines water lines shall be made with Ductile Iron Pipe (DIP). 20. Appropriate backflow preventer(s) will be required on the domestic water service to the buildings, and the fire sprinkler line(s) if there are any, in accordance with CODE Sec. 26-207. 21. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments:. None POLICE Comments: None BUILDING DIVISION Comments: 22. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or slxucture shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 23. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 24. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. 25. At time of permit review, submit signed and sealed working drawings of the proposed construction. 26. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFK, Part 100.205, Section 3, Requirement #6. All bathrooms within COA 05~5~4 4 DEPARTMENTS INCLUDE REJECT the covered dwelling unit shall comply. 27. Submit a notarized affidavit on the letterhead of the property owner, company or association in order to properly determine the impact fees that will be assessed for the one-story pool/clubhouse/recreation building. The letter shall list and contain an answer to the following questions: · Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? · Will there be any additional deliveries to the site7 · Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient pem~it review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 28. A water-use permit from SFWMD 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. 29. At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review 30. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelling units in each building; · The total amount being paid; (CBBCO, Chapter 1, Article V, Section 3(0). 31. 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 COA 05/05/04 5 DEPARTMENTS INCLUDE REJECT by the City Commission. 32. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on thc buildin~ permit application at the time of application submittal. PARKS AND RECREATION Comments: 33. Recreation Facilities Impact Fee- the plans show 48 Multi-family units. 45 sinl~le-famil¥ attached units x $771 each -- $34,695 FORESTER/ENVIRONMENTALIST Comments: 34. All shade and palm trees on the Plant List must be listed in the description as a minimum of 12 feet to 14 feet in height, 3 caliper inches at DBH (4 ~A) feet off the ground), including multi-stem species and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 fee to 14 feet to meet the three (3)-inch caliper requirement, or the five (5) foot and six (6) foot clear trunk specification (Chapter 7.5, Article Il Sec. 5.C. 2.). 35. The applicant should show an elevation cross-section detail on the landscape plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the two (2) proposed 3-stoo, buildings from the heights of 14 feet to 40 feet along the South Federal Highway road right-of- wa),. 36. In the design, all shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article Il Sec. SA.). 37. Staff recommends installing the Live Oak trees (proposed in the interior landscaping islands) at 16 feet. PLANNING AND ZONING Comments: 38. Approval of this site plan is contingent upon the accompanying request land use amendment / rezoning (LUAR 04-003). This includes the proposed project density. 39. Each survey should be signed and sealed (Chapter 4, Section 7.A.). Copies COA 05/05/04 6 DEPARTMENTS INCLUDE REJECT are not permitted. 40. The billboard shall be removed after the issuance of a certificate of occupancy for the 19t~ townhouse unit. 41. The landscape plan shows that a wall is proposed along the east property line. At the time of permitting, show the wall on the site plan. 42. The IPUD zoning district does not require five (5) separate parking spaces for this type, size, and location of recreation area with this project. At the time of permitting, modify tabular data to reflect that the recreation area spaces are not required spaces. 43. Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section 5.P). At the time of permitting, on the landscape plan provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs / accents, and groundcover to ensure compliance with this.code requirement. 44. At the time of permitting, the typical drawing of the freestanding outdoor lighting poles must include the height and color / material. The design, style, and ilium/nation level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F. 1.). 45. The subdivision wall sign(s) may not exceed 32 square feet in area (Chapter 21, Article IV, Section 1.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made of PVC (or other comparable material) and bronze in color. Staff also recommends that the wall be painted the same or similar to the building colors. 46. Staffrecommends installi,n, ~ additional hedses in front of the pool area.,, COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 47. To be determined. CITY COMMISSION COMMENTS: Comments: 48. To be determined. mW elj S:~Plannlng\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Oceanslde\NWSP 04-004\COA.doc~-~' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Oceanside APPLICANT'S AGENT: Mr. Carlos Ballbe / Keith & Ballbe, Incorporated APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 18, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 45 townhouses on 2.26 acres in the IPUD zoning district. LOCATION OF PROPERTY: West side of South Federal Highway, approximately a 1/8 mile south of Old Dixie Highway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~lanning~S HAP. ED\WP',PP.O ~ECTS~Southcm Homes of Palm B each\O ccanside'u~Y~VS? 04-004'~)O.doc TO: THRU: FROM: DATE: PRO.]ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-097 Chair and Members Community Redevelopment Agency Michael Rumpt~~ Director of Planning and Zoning Maxime Ducoste-~i~r~- Planner ' May 3, 2004 Schnars Business Center/SPTE 04-003 Site Plan Time Extension Property Owner: Applicant/Agent: Location: Existing Land Use / Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROSECT DESCRZPTZON 924 Venture L.L.C. .]ames W. Mahannah P.E. / Schnars Engineering Corporation SE corner of NE 9m Avenue and North Federal Highway (see Exhibit "A" - Location Map) Mixed-Use (MX)/Mixed-Use Low (MU-L) No change proposed 8,754 square foot Professional Office Building 22,838 square feet (0.52 acres) N.E. 9m Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; An auto repair business (Neal Autohaus Auto Repair shop) zoned C-4; Single-family neighborhood, zoned R-l-A; and North Federal Highway right-of-way, and farther west,'a retail business (M&M Appliances), zoned C-4. BACKGROUND Mr..lames W. Mahannah P.E. of Schnars Engineering Corporation and agent for 924 Venture L.L.C. is requesting a one (1)-year time extension, for the site plan approval (NWSP 02-024) originally granted on February 18, 2003. Traffic concurrency was also approved at this time, with a stated build-out date of 2003. The property, zoned Mixed-Use Low (MU-L), is currently a vacant, undeveloped parcel approximately Page 2 Memorandum No. PZ 04-097 0.52 acres in size. The intent of the project is to construct a three (3) story, 8,754 square foot office retail building (see Exhibit - "B'~. Tf this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to February 18, 2005. On February 18, 2003, the City Commission granted site plan approval for the above-referenced project. This site plan approval was subject to 12 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiraUon of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 12, 200zt, prior to the expiration date. After Commission approval, the applicant submitted applications for building and for paving and drainage permits in May 2003, which were voided due to inactivity in November 2003 and .January 200~,, respectively. As stated in the request, the applicant has been delayed because of inability to locate suitable tenants required to secure financing. RECOMMENDATION Staff recommends approval of this request for a one (1)-year time extension of the site plan approval (NWSP 02-02~,) with the condition that the applicant obtains traffic concurrency approval to extend the build-out date accordingly. This posiUve recommendation is based on the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in February 2003. Approval of this request for site plan extension would extend the project's expiration date to February 18, 2005. All conditions of approval included in the Initial development order must still be saUsfactorily addressed during the building permit process; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Plannlng~,~HARED~WP~PROJECTS~chnars Business Ctr~PTE~taff Report.doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" il PU I i Ii/ NE ,J ,'J EXHIBIT "C" Conditions of Approval Project name: Schnars Business Center File number: SPTE 04-003 .t. eference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING 1. Submit a revised traffic impact statement meeting the Traffic Performance Standards of Palm Beach County Traffic Division prior to issuance of a buildin$ permit. Conditions of Approval 2 DEPARTMENTS ~qCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~ 1. To be determined. S:~Planning~SHARED\WP~PROJECFS~Schnars Business Ctr~SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: James W. Mahannah, P.E. APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 11, 2004 TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for Schnars Business Center. LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach DRAWING(S): SEE EXHIBIT "B" A'FI'ACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order, ,. ??- . Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business CtASPTE\DO.doc VII. Director's Report 5200 Any person who decides to appeal any decision of the Community Kedevelopment Board with respect to any matter considered at this naeeting 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. o=g~ oo o '1- MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson May 11, 2004 CRA Activities Development Items: Group A HUD district Office Visit - Staff is seeking consideration of a CRA del~.ation visit to the Miami District office for HUD, concernin~ the Uniform Relocation Act ,applicability to the CRA Phase One MLK Project. DH · Town Square Taskforce- Board Member Don Fenton has volunteered for the taskforce: The first meetina has taken place to beRin the plannJna g)rocess. DH Annual report - A Comprehensive Annual Report has been drafted and sent for review to the CRA Board. DH Trolley - see attached memo. SV Boynton Beach BlvdlPromenade/l~Jverwalk Design/Build RFQ Ground has been broken and utility construction is underway. Work has begun on the next phase of work for project design. Multiple meetings have taken place in the past several weeks. Updates are received weekly from Burkhardt and Kimley-Horn. DH Way-Finding Signage Program - Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Our siqns for the first phase of s~qns were delivered to the City of Boynton Beach warehouse. We will be receivinq three bids for installation and movin.q forward with the installation within four to six weeks. DH 5205 MLK Property Acquisition Phase I - TUG has be.qun property notifications and briefin.qs with both the CDCs. Appraisals have been ordered. DH · CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the pdvate sector. The CRA is meeting with the involved parties to finish mapping out issues. Staff is targeting spring or early summer for "letter of understanding" between the various parties. DH · CRA Police Pilot Proqram: The contract will be brouqht before the CRA Board for approval at June's CRA Board meeting. DH Boynton Beach Blvd District Redevelopment Plan Update- Final update is being compiled. Presentation will take place when additional study area from Seacrest to FEC is completed. DH Design Guidelines Overlays -The document has been given back to RMPK Group for their next revision. Work has been delayed due to a conflict in LDR mixed use re-writes not matching new LDR concept, therefore no Design Guidelines can be written until this is resolved by the City in April. DH Museum Feasibility Study Team - The contract has been executed, the deposit check signed, and the latest Promenade/Riverwalk Plans forwarded to the architect. The Feasibility Study Team met with CRA Staff and CRA Chair and is movinq forward. DH CRA Brochure and Web Site Development- The CRA Board approved the CRA Logo and Web Site design in February. The initial order for stationary, envelopes, and business cards with the new CRA logo has been received and cards have been distributed to staff and board members. If you' did not get business cards please contract the CRA office. Jack of Arts is also going forward with Web Site Development and setup. We are editin.q the Web Site and addin,q information to each secb'on. DH · Events - A set of comprehensive files have been developed for each event. The resource guide was developed to serve as a road map for upcoming events. The guide is available to the public and covers the steps taken from the design phase to the implementation phase and sample documents used to bring the logistics to fruition. AG 5206 Genesis Business Program- The seven members of the Mentor Selection Committee have been selected and notified. The first meeti~.q of the committee is ta~. eted for the first week of May to review and discuss the qualifications of potential mentors. The Development Fair is taroeted to be held the first week in June. Locations and details are been worked out. 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. On hold until Mixed Use Districts are settled. DH Group C · Awards Program - An awards pro.qram has been des~qned. The pro.qram will reco.qnize individuals and projects under the followin,q categories: Best Facade Improvement Project, Best NeW Project, Business of the Year Sponsor of the Year, Non Profit Group of the Year, Volunteer of the Year and CRA Board Member Service Award. An Award reception is in the plannin.q sta.qes and is proposed for Au.qust. · Possible Office Options - As per CRA Board direction, staff is looking into lease space. · Grants Update Fred and Joe's Automotive had to ..qo out for rebid on their proiects due to the lenqthy approval process with the SBA. They will be movin.q forward with their project soon. St. Mark's Church has started construction on the church. Delray- Boynton Academy will start construction next month. Grace Fellowship Church has completed their project and will brin.q a reimbursement request forward in June. Boynton Boundless in 80% complete and should be completed by Au.qust 2005. SV The Re.qions Development Grant Round tl111 was awarded to Deiray-Boynton Academy on March 18~ 2004. Staff has submitted their application to the County Economic Development Division, which received approval with a 85.5%. Final approval is set for June 8, 2005 by the County Commission. 5207 Innovative Windows has hired 15 employees to date and now has a backlog of orders for windows. They have placed a bid for the windows portion for the Marina Project. Boynton Seafood is starting construction on the office space and small dining area. They are excited to be moving forward with their renovations. Grants Trip Washinaton DC- Congressman Clay Shaw has issued an invitation for the Director to loin him in Washin.qton DC May 4m- 7m for a roundtable discussion on arant fundinq of ~)rog)osed projects in Boynton Beach such as the Trolley Pro.qram, Savaoe Creatures of Ancient Seas Attraction and the Boynton Beach Extension/Riverwailc/Prornenade. DH 5208 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Pilot Trolley Program Update DATE: May 3, 2004 Staff has been working on a Trolley Grant with the Metropolitan Planning Organization (MPO), who is awarding up to $40,000 per vehicle to encourage new mute development. This is a one time set aside of funds for development. The CRA Grant application will be requesting funding for three vehicles over three years. The MPO Grant application identified six major areas, whiCh have to be addressed in the grant application: (1) Identification of Need of the Community, (2) Service Plan, (3) Implementation Plan, (4) Financial Plan, (5) Management Plan, and (6) Monitoring Plan. First, staff has to identify the need in the community and identify partners within the community who will participate, set up clearly defined goals and objectives for the trolley, summarize community demographics and business types, project ridership, number of trips, and the purpose of trolley. Second, staff has to define a service plan for the trolley. The CRA will be providing community circulators for the community, which is ADA accessible. We then have to define how we would provide the service, which staff recommends to be contracted out to a trolley company. Additionally, we have to define the style of vehicles as well as provide all of the specifications for each vehicle. We must develop the proposed route structure, days and hours of service, attractors along the proposed routes and the projected impact of these locations. 5209 Third, we have to decide on an implementation plan for the system with time frames and set up for the trolleys and routes as well as a system safety program plan for the program. Fourth, we have to develop a financial plan addressing cost per trip, cost per mile maintenance cost, and administrative cost. In addition, our plan must include an advertising plan. Fifth, we have to develop a management plan, assign responsibilities for daily, weekly, and monthly activities. We also have to develop the major components of the delivery of service, vehicle inspection plans, commendations and complaint forms as well as compliance for federal, state, and local agencies. Finally, we have to develop a monitoring plan defining responsibilities, complete with the forms necessary. Staff is finishing up the grant application, which is due May 25, 2004. This grant will in no way commit the CRA to the Trolley Program; however, the filing of the application does begin the process. If we are selected for funding, the CRA may choose to accept the grant or not. The grants are to be selected on July 27, 2004 by the MPC with implementation within one year. Staff will bring forth the complete Pilot Trolley Program in June. Note that if the CRA does not secure the Trolley System by either grant or on our own, the TCEA calls for a transit study to be completed by January 2005. Therefore, the CRA would need to start the study in lieu of the trolleys. The cost range of the study is projected by City Staff to be from $20,000 to 35,000. 5210 e4/30/2004 14:22 5616§91402 BURKHARDT BURKHARDT CONST. CONSTRUCTION, INC. 1400 Alabama Avenue, #20 ";est Palm Beach, Florida 3340%7048 Tel: (561) $59-1400 ..' Fax: (561) {t59-1402 PROJECT TITLE: B.B. ?rom~aade LOCATION: BCI Field INC PAGE 02 lB fill MEETING NOTES No. O011N MEETING DATE: 4/29/2004 SUBJECT: B.B. Promenade ~d Riv~valk ~'.,7, ./J' o/:.,,..:-'.,,.";~".~.' ~', ...~,:,-..,:;eqn~,~q~j.jt~.A~l~.:~,,~:O;.c..~v,,, ..,~:.~..::,~.:,.u~,~:; ..~%.~$ ~.'...~ . , i~.,~ ..:: .-,~.t~..,%.:i% ,~.{]~,~,,.~..;~.~..~,: ~j;$~:,~.~.~., ,'"!~',;;'-'~'/:~'~'~" ~ ..,.., ,,'£~:~"~'P~'~'p~;'.~'6g;'-'5~l.~,,:,..~'"-'~ ~"' b~":N"J:".r.~:'{' .~ , -' : ! . " P.' ' ~ ;.'"'":.".~,~,~'" "~' fj.k~ · ~.,:~.~ .~.~,'1 .~;~. ",.' ATTIilNDEE~.(~'~'~. h.'~ ~..?.:; ~,,..~{ ..:;r~ ,'~";.":' ..,' .-'. ,!.~:~ ,' ~, ~. ::....'~ ,.~ .-,.~,- ',,. ~,,~_~, N BC Bill ~ K~.I~-H,o~ ami A~ooi~t~ I~. N B C l~%mo Cm-,,s/ho' gJml~~Hom stol Assoc.{ams. Inc. N' CB Cr~d~ BmwM~. K/mley-I-k~m ,-',d As,,o~. I~:. N D.H Dou~l~ Hutcatn~on BavnU:m Be,r,h CaA Y /K .ton~ Ri~ ~on~h~ T. Kic .It~ Inc. N MB Miah~el Beldowic~ .... ~.lw-Ho~ ~ A~o~jat~, [ac. N MAK Miol~l ,Kie~ ,,K/haw-Horn ~Asso ~,,ci~s, ~t~. N RRB RussoR B. a~t~s .. _ lrdaflay-Hm"n,,m~ AssocJa~s,/nc. N TC Thomas Cra .wfo~ ,. ~,onathaa T. IUcke~ Inc., "0000 REVIEW OLD OlllOl 020000 OLD ITEMS: OLD 021002, 021102, 090802, 090901 NEW ITAMS 011i01, 021101~ 021102, 02I 103~ 021104, 031101, 041101, 041102, 05110t, 061101, 071101, 081101091101, 111101, 111102, 111103, 111104, 111105 DESIGN/PRR1HITTING ISSUES OLD 52i 1 Prepared By: Butk. hm'dt Construction, Inc. Dated: 4/29/2004 ].~4 22 BURKHARDT CONSTRUOTION. IN¢, 1400 Alabama Avenue, ~20 '~est Palm Beach, Florida $340%7048 Tel; (56t) 659-1400 Fax: (51~1) 659.1402 PROJECT TII%E: B.B. Promen~le & Riverwalk LOCATION: BCI Field Office BUR!<HARDr CgNST. Z~'C ;=AG-'E ?2 MEETING NOTF, S No. 0011N MEETING DATE: 4/29/200~ SUBJECT: B.B. Promenade and Rivvrwalk crr s. KBVI$~D SUBMIITALS Hq, Vii BEEN PROVIDED TO ACCOUNT FOR TI~ CHANGES MADtl BY THE UTILITIES D~PAK~, ~ SUBlV/[TTAL~ SHOULD BB ~~D BY ~AY OF ~S ~K (0~3/~). ** SHOP DRAWINGS RP.,C~ AND APPi~OVBD AS NOT~ ON o4r25/o4. ** THt~I/SHOP DItAWING8 ttA.VI{ B~ APPROVED, COPII~ OF TI~SE DRAWINGS TO BB 021101 ** CITY UTILIT~S COMMENTED ON ~ LOCATION OF 7VrI~ WATER MAIN TI-I~OUGH TIlE PROPOSED UTILITY EA~RlVffiNT AND ~ ~ SEPARATION 1~_~~ FROM TH~ SANTrARY SI/WSI~ THIE WATBRMAIH CANBB MOVED 1,5' TO TI~ NORTH (3,5 FT I~SID~ RZW). 8OUT~ FLOK[DA WATER ~AGE~ DIS~CT OLD (sro) - ~ ~~ ~ ~~ USE D~WA~G A NO NO~CE ~T ~L NOT ~E ~SS~D BY KHA HAS RP~ONDED TO SFWIKD REQ~ST FOR MOP~ II'FORMATION. IT I$ ANTICIPATED THAT ~ PI~RMIT WILL NOT GO TO ~ SFWMD BOARD UNTIL THIHR/ULY lVI~BTINO. ** KHA HAS A MEETING WITH St~WMD ON MAY 3, 2004 TO DISCUSS ~ FINAL .REVISIONS TO TH~ A~PLrC~TroI~. ** MITIGATION PLAN/-lAS B~I¢ COlvI~LETI~D & SUBMITTED TO S.P.W.M.D. ~ ~~D ~ CO~D. ~ ~ ~DA~ ~R ~ ~~ ON MO~AY, ~Y 3.20~, ** tlCI TO (~J'~STION CITY IU~OARDING COMMeNCEMeNT OF MITGATION AT ~AYCEE PARK, 5212 Prepared By: Burktmrdt Construction, Inc. r~a~$" Dated: 4/29/2004 14:22 5S15591402 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, g0.. ',est Palm Beach, Florida 33401-7048 Tel: (581) 6/~g-1400 Fax: (661) e/m-1402 PRO3ECT TITLE: B.B. Ptom~ade & Riv~alk LOCATION: BCI Field Office BURK'H~,DT CONST. INC PAGE 04 M~ET[NG NOTES No. 0011N M_EET~G DATE: 4/29/2004 SUBJ"~CT: B.B. Promonad¢ a~d P.B. COD'NTY HRALTH DEPA~,TM~KY PE~VHT HAS B~ ISSLTED 04/20/04 FOR TH]/OI~P-SITE WA~ UTILITY WORK. KHA TO FOLLOW UP ON GENERAL PERMIT FOP, WIDENING OF ~ INTEI~TION AT US #I AND BOYNTON BEAC~ BOULEVARD. 021103 021104 TIiMI~,[NB TO SU~MIT APPROVI/PROPOSAL & BEGIN WORK. ESTIMATED T]~fELII~ SUBMIT PRICF,$ BY FIEIDAY~ APRIL 30, 2004 APPROVAL BY 05/14/04 PRE-WORK 05/20/O4 WORK BEGIN 05/24/04 030000 SITEWORK CPV'IL ENGINEER~G ~ OLD 031101 BCI TO SETUP A MF_~TINO OLYNDA KALL ~ ' OLD PAI~S A_ND ~A~ON O~ BORON BEACH TO D~SS ~~OV~ OF ~~O ~ P~M~ ~G BORON B~ BL~. 5213 PrePared B~:. Burk. hardt Co=stmction, Inc. Dated: 4/29/2004 ~/200~ 1~:22 5616§9I~2 BURKHARDT CONSTRUCTION, INC, 1400 AlaDama AvenuI, #20 ',est Palm Beach, Florida 33401-7048 Tel; (561) 659-1400 Fax: (581) 859-1402 FROFECT TITLE: B.B. Promoriad¢ & R/vcrwalk LOCATION: BCI Field BURK~ARDT CONS..-. ZNC =AGE ,~-- MEETING NOTES No. 001ii i_'q MEETING DATE: 4/29/2004 SUBJECT: B.B, Prom~ade and Rtv~-wakk 041101 041102 OSO000 DU'R~O ~,,XCAVATION i~OR ~ 12' X 8" ~ ~ OLD S" GA~ V~ AT 3TA~ON 3~+27, A21" VCP P~ WAS ~CO~. C~ ~ ~~ ~I~ ~T ~S L~ W~ ~O~. ~ ~VA~OH O~ ~ ~~ L~ WAS ~ C~ICT ~ ~ 8" WA~ ~~ ~. A POR~ON OF ~ P~ W~ ~0~ ~ ~ ~ OF ~ ~~ P~ ~ ~U~ D~O ~CAVA~OH ~R ~ I2~ D~ WA~ OLD ~ ~A~ON ~A~ ~~. ~S STA~ S~U~ ~ B~ ~O~ AT ~ ~EVA~ON O~ 1 F~T B~W BOOM ~T FOR ~ ~~ON ~. ** AS B~T ~ ~CO~ D~OS DO HOT SHOW ~ ~$~T STA~O~ ON ~ ~. 051101 O6000O KHA TO FOLLOW LrP WITH F~&L ON 04~8/04 TO OLD DISCUSS TI~ STATUS OF ~ UN'DEROROUND]lqG OF ~ OVE~ ~ AS ~ AS THE DE-HNI~IZI~O ON THE O~~ L~ FOR P~/~SPE~ON I~8 O~ aG1101 KI-IA TO PI~BPARE MASTER PBRMIT 5214 OLD. l~rzpar~d By: Burkbirdt Coz~'uctio~, Dated: 4/29/2004 P~I 4 ~q/38/2004 14:22 §616591402 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, ~'20 "est Palm Beach, Florida 33401-7048 Tel: ($81) 659-1400 Fax: (~I) $$9-1402 FRO3ECT TITLE: B.B. Pro-m~ade &. Riwn,v~lk LOCATION: BCI Field Office BIJRKHARDT CONST. INC PAGE 86 MEETING NOTES No. O011N MEE~G DATE: 4/2912004 SUBJECT: B.B, Promenad~ and Riverwalk 070000 SUBbIITTA.I~ OLD 071101 PAY I*,EQUISITION'S 1-5 SUBM1/TJtD TO CRA FOR OLD REVIEW AND AFPROVAL. O8OOOO ** BCI TO SUBMIT PAY RBQUISTION FOR REVIEW AND CO~. CONTRACT/WORK AUTHOI~tATION ~TATU$ OLD 081101 COI~'RACT PLUS WORK AUTHORIZATIONS//lq/ OLD HAVE BI~N API~OV]/D BY TJ~ BOARD. 09000O SCHEDULE UFDATE OLD 090802 project b~ chart schedule i~ ou~ently bain8 prepared, This should be completed by 04.~0/04. OLD 52~5 Prepared By: Burldmrdt Constm~orl, Inc. Dated: 4/29/2004 BURKWARDT BURKHARDT CONSTRUCTION. INC. 1400 Alabama Avenue, ~0 west Palm Beach, Florida 33401-7048 Tar: (~I} 859-1400 Fax: (561) e5~-1402 MEETI~ NOTES PRO3~CT TITLE: B.B. Promenacl~ & Riverwalk LOCATION: BCI Field Office .,~.~.~ .~..;.;;' ':' ,. ,, · ~ .~c'~.~.,.~/~:~ .......... ' "T J.:a" ~;~q:%~ F~r;~C:"~.TM ~;~)~'~i~.~H;~:~:~'~e~"~L~:i~'i~~'~'&~: ~,':,:~' 0~901 SE~ ~ CO~S~UC~ON TO B~O~ ~ O~ ~A ~GB S~~CTOR ~A~LY S~~ FOR ~AY, ~Y ~, 20~. AS OF ~S DA~ 0~/04~ ~ ~~ GKO~ DO~ NOT ~ P~ A~ TO ~O~ WO~ ~ ~ ~A~ON ~ ~ ~ ~S NOT ~0~ D~C~G TO ~AY 04~0/~. MEETING DATE: 4/29/2004 SUBJECT: B.B. Promenade =d '091101 ** IT I$ ANTICIPATI/ID TItAT THE ~,LATSD GKOLrp · ~ NOT BE ~Y FOR ~ ~T~~ OF ~ ~T~Y ~BY 05/0~/~. D~ ~ PKOC~ ~ O~-~ WA~ ~ S~Y S~ IS NOT ~Y ~ ~ S~CO~CTOR ~S CO~ O~ CONSEUC~ON OF 1~" D~ WA~ ~ ~NG BO~N ~CHBL~. ~ ~OU~Y 2~0 ~ OF 12" ~~ B~N COndUCeD ~ (~) S" ~ ~ S" ~AE V~S, ~ (1) 6" ~ ~ 6" ~ V~. AC~ON ~MS I lvoo0 OTKER OLD 111101 MAINTENANCE OF T~A~IC OLD 111102 IOBSIT~ SAF2~ & CLEANL~S$ OLD 5216 Prepped By: Burkhardt Con, traction, Inc. Dsted: 4/29~004 04/30/2004 14:22 5~59~402 ~-~T CONST. INC BURKHARDT CONSTRUCTION, INC. 1400 Alibi, ma Avenue, ~20 '~;est Palm Beach, Flodda 33401-704B Tel: (~Ol) 689.1400 Fax:. (Se1) 65g-1402 FRO3'~C~ "~.,: B.B. Promenade & Riverwalk LOCATION: BCI Field O~ce PAGE 08 [VI~EYING NO~I~$ No. 0011N M~ET1NG DAT~: 4;29/2004 SI/B,]~CT: B.B. Prom~mde aad Riv~ ~ ...~.: .... .,.:,t~~o~t......... :. ,..~..~.....:.: L.:.~.:.: :,.,.: ..,:.....,...,..,.........,...-.,....~.., ~~~,~ - 111103 F_AOSION CONTROL 3KEASI. II~F3 OLD 11110~ UPDATED IL~CORD DR.A.W]~GS OLD 111105 Ou~aext meefla$ t~ W'edae~day May 5, 2004 ~ 9:30a.m. fa OLD the B,arkl~ ~ Elald O~, 5217 lh?p.a~d By: Burkhardt Construction,, Inc. Dated: 4/29/200¢ P~a ? el7 Event Wrap-Up Wheels Weekend 2004 April 2004 5218 Strategic Plan The Wheels Weekend 2004 was held as a two day event on April 3rd and 4th 2004. The event yielded an increase in the areas of vendor participation and sponsorship funding; however, attendance showed a decline. The event on the whole showed a small financial profit. Wheels Weekend 2004 was well received by the community and, with a few adjustments, this event should take its rightful place among the other annual signature events of the City. Wheels Weekend 2004 is an annual 2 day event, and this year was a partnership among the City, the Boynton Beach Chamber of Commerce and the CRA. The first day of the event, Saturday, April 3rd 2004 included a Big Truck Rally from 4:30 p.m. - 7:30 p.m on Ocean Avenue east of Seacrest Blvd, a 22 mile car and cycle cruise, skills contest at the Bethesda Health City parking lot and ended with a Fifties style dance for all ages at Federal Highway. and Ocean Avenue. Entertainment included 50's and 60's style classic Rock and Roll music and the attendees participated in a hula and dance contest and were awarded prizes for their participation. Children's entertainment elements included a bounce house and cartoon artist. Day two, April 4th 2004, was a Car Show complete with Classics, Hot Rods, Antiques, Mini Trucks, Sports & Specialty cars and a new section for Motorcycles. The Boynton Beach CRA, in conjunction with the City of Boynton Beach and the Boynton Beach Chamber of Commerce has made a commitment to creating events that will result in Boynton Beach becoming a destination location, promoting local businesses and increasing the social and cultural activity for local residences. The Specific goal was to continue to create, foster and grow events with multiple locations and multiple day scheduling, therefore encouraging repeat visits to the area and generate overnight stays, which has large economic impacts. In addition, the strategic alliance with the Chamber of Commerce was struck as a temporary solution to The Boynton Ocean District Association's inability to continue the partnership due to their status of reorganization. The Chamber's alliance was necessary to prevent interruption of the momentum of the now two year old event. Ramifications of BODA's late decision to focus on the realignment of their 5219 organization and not participate in the event were felt throughout the event; however, the event retained a strong foundation that can be built upon in future years. Steps taken to ensure success were similar to past years. Sponsorship funding was sought and a relationship with the internationally known Budweiser was created. Budweiser agreed to a stage sponsorship of $500. More notably for the event this is an opportunity to grow a stronger partnership with an intemational organization that has historically proven to be a significant partner to events worldwide. The Palm Beach Post was the print media partner for the event and provided in-kind services that had an equivalent dollar value of $10,000. The promotions campaign also included radio spots during the week of the event on Sunny 102.3, 10,000 inserts in Boynton Beach times to selected zip codes and ads in select auto industry magazines. The planning of the event took place jointly with the Chamber of Commerce and the City to ensure that logistically there were no conflicts. Volunteers were recruited and the final team was comprised of citizens, members of the Chamber and members of BODA. An invitation was mailed to our database of vendors that had participated in past events city wide. The invitation yielded a slight increase in the number of participants. It should be noted that the quality of vendors was an improvement over the past years and that approximately ten percent of the vendors had participated in previous years. By definition of improvement, the vendors that participated were industry professionals who work the event circuit. It could be considered a major factor that these vendors now see this event as an event that is worth a repeat visit. Finally, the entertainment was chosen based on a "one stop shop" approach. A production company was used to provide the entertainers, disk jockey and host. The packaging of the entertainment was very cost effective. The company also gave an additional discount for the opportunity to secure on-stage advertising. While demographically the live music appealed to the older crowd (Elvis & the Blues Brothers), the disk jockey played music and games that were geared to a younger audience. 522O Results The event attendance was estimated to be approximately one thousand, which was a fifty percent decrease from the previous year. The eady audience resulted partly from the migration of the crowds from the Big Truck Rally held at the opposite end of Ocean Avenue and the promotions campaign and was largely made up of families with one or more children. As the night advanced, the more mature audience arrived and this paralleled the arrival of the show cars. The participation of show cars, like the audience, showed a decrease from the previous year and can be contributed to the inclement weather, a decrease in the marketing to the car clubs and the late start of the promotions campaign. The event was a financial success in that it showed approximately a $1500 profit. The positive cash flow was a result of vendor fees, the Budweiser cash sponsorship and donations to the Cartoonist. Total expenses of $8,018 was leveraged by $9,510 cash in income which was a combination of the CRA's $7,500 donation, $500 Budweiser cash sponsorship, Scott Evans Production In-kind sponsorship, $360 in revenue from the bounce house, event t-shirts and the cartoonist. The event saw a ten percent increase in vendor participation. Despite the decline in attendance and the threat of bad weather, the vendors reported a successful evening and verbalized their willingness to support the event in the future. The vendors also communicated an opportunity for improvement. The multiple channels of communication for registration for the three events were somewhat unclear. While the event organizers felt it was better to keep the vendor registration for each event element separate, the vendors disagreed and felt the process should have been at the very least centralized. The level of sponsorship for this year's event was a significant improvement. to previous year's in-kind services and cash donations saw a 100% increase. Palm Beach Post continues to be a supporter of events city wide, the Corporation is a new relationship and one worth nurturing. Compared While the Budweiser 5221 Wheels Weekend 2004 was a success on all fronts. The committee was extremely pleased with the results and the group feels that the foremost goals of continuing the event's momentum and providing a source for economic viability were met resoundingly. The community has echoed the committee's feelings. The $7,500 invested by the CRA yielded over $100,000 in branding promotions via multimedia communication sources such as radio, multiple newspapers, community news and event web sites. A dollar value cannot be placed on the esteem of the community and the positive perception of the community that they have the support of the CRA. Staff Recommendations to the CRA Board VVhile the event continues to grow, the unstable elements that may curtail or limit the potential of the event is the quality of the entertainment the current budget allows and the attendance. VVhile the event committee is committed to the development of sponsorship relationships, additional funding for national recording acts is recommended. The quality of entertainment has been proven to be a direct driving force on the number of People who attend events. An increase in funding for better entertainment will increase the attendance which will result in a stronger possibility'for a revenue stream. That revenue stream could be a small gate fee which will assist in attaining the ultimate goal of the CRA which is to assist our partners to develop financially independent events. This event has proven to be a good partner for the CRA and continued partnership is recommended. Recommendations for Wheels Weekend 2005 · Streamline communication tools, · Designate a Centralized Information line (one Phone number to call for information), · Identify Partner earlier in the process, · Create a stronger marketing campaign geared toward the Car Clubs for day one activities, Start and end the event earlier. 5222 Event Wrap-Up HeritageFest February 2004' 5223 Strategic Plan 'Fhe Heri-tageFest 2004 was held as a month long celebration of .culture-during .the month of February. The event experienced significant growth in the areas of .attendance, vendor participation and sponsorship support. HedtageFest 2004 was well received by the community and with a few adjustments, this event should take its rightful place among the .other annual signature events of the City. The HeritageFest 2004 committee set some tangible goals and intangible goals for this year's event. Some tangible .goals were .in the areas of funds raised, the increase of sponsorship dollars, increase in the number of vendors and attendance. Some i-ntangible goals were the change in the image .of "Black event with Black supporters," the raising of the quality of the educational programs and the quality of the entertainment. The plan of action implemented to address the tangible goals was as follows: Step one was to identify partners such as the CRA, schools, .churches and the County and invite them to participate in the logistics of the event. The CRA contributed funds and staff to the event. The County provided .additional funding in the .form of-a reimbursable grant. The partnership with the schools provided a conduit for students to participate in the different educational elements and ticket sales. The Churches provided ¥olunteers but was also the site for public parking. In the partnership identification process, the relationship with the City was clarified. Each Commissioner .provided funding from their discretionary fund and in-kind services such as Police, EMT and staff from the necessary departments..Partnership funding .totaled $14,500 with over $10,000 in in- kind assistance. The contribution of $7,500 and staff time was maximized into significant branding for the agency as a sponsor the .CRA was mentioned approximately 30 times on two separate radio stations that has a reach from Martin County to Dade County. The visibility in the community was significant due to Staff's active role as co- designer and implementer of the event logistics. 5224 The second step in realizing the tangible goals was the identification of sponsors who served a .dual-purpose. The media organizations were .given .the opportunity to-be sponsors but to also be a partner/underwriter for the event. The Sun-Sentinel and Infinity Broadcasting answered the call with .resounding results. The Sun-Sentinel provided two cash scholarships totaling $2,000 and $29,000 in in-kind advertising. -Infinity Broadcasting .provided a total-of $70,.500-in in-kind -advertising. -Additional sponsors such as Viking Limousine and Holiday Inn Catalina provided in-kind assistance .that was critical in the implementation -of the transportation, .lodging and catering plans. The third and final step in actualizing the tangible goals was the increase in the number .of vendors and attendance. Over the-past few years, the requirements of insurance and more recently the home land secudty regulations has made being a food vendor extremely challenging. After .extensive discussions with the c[ty'.s .Risk .Management Officer, the committee decided to maximize and focus the marketing plan towards the .non food-vendors. For the first time in 21 years, an admittance fee was introduced; this was part of the strategy for funding _better entertainment which we hoped would result .in better attendance. VVhile the idea was met with some resistance, the final outcome was a positive one. Implementation of a strategic plan of action for the intangible goals was as usual more .difficult, however, the .committee dedicated themselves to first elevate the .quality of the educational elements of the event by attaching a scholarship and instituting more rigid criteria .for qualification and subsequently for .award of the previously mentioned scholarships. The second step in attaining these sets of goals was to change the image of the event from "Black event with Black Supporters." The committee embarked on this task by first inviting all the cultural organizations in the city to participate. The partnership with the 5225 School Distdct was crucial in ensuring that the students who participated in the Youth Recognition -Program, -the Art .and -Science Fair, and .the Coronation .represented a multitude of racial backgrounds and as a result, their families and fdends who came out to support -the students paralleled. The parade was -the biggest .indication -of the success of this. Participants of the parade ranged from the Police Department's Color Gu~ds .to -the -Dragon -Dancers -of .the Lee .Karate School. -Keeping -in mind -that Boynton Beach and its neighboring Cities are inhabited by a significantly large Caribbean population, the Counsel Generals-of .numerous Caribbean Islands were invited -to-meet their constituents. Finally, the events and entertainment chosen were chosen on their ability to cross over racial, age .and gender demographic lines. The Circus, the .carnival, the parade, Peaches and Herb, Tavares and International reggae recording artist Yellow Man were elements .that were successful in helping to achieve -the cultural-mix. 5226 Heritage Festival, Vision Statement: To develop a sense of community where children and adults of all ethnic backgrounds work, play and celebrate as one. Heritage Festival, Mission Statement: "To provide a celebration of Culture that motivates, empowers and informs the public of the ties that bind our community together through the enjoyment of the arts, education and pride in African-American accomplishments and heritage." Location: Boynton Beach Projected Attendance A) Number: 20,000 B) Demographics: Families, multiple ages and'cultural hedtage Schedule of Events EVENT Location Date Time City Library Event Week 1 City Library February 7 10 AM- 5 PM Spelling Bee Contest City Library February 7 10 AM Oratory/Essay .City-Dbrary February 7 t 1 AM Tommy Ford Story Hour City Library February 7 12 PM Coronation Scholarship Holiday Inn February 8 3 PM Week 2 Family Night Bowling Alley February 15 4 PM Week 3 Youth Basketball Tournament Hester Center February 21 & 22 9 AM Art, Science Fair Boynton Beach Mall February 21 Youth Recognit{on Banquet Holiday {nn February 22 6 PM Week 4 Carnival Hester Center February 27, 28, 29, 6 PM - 11 PM Caribbean Celebration Seacrest/MLK February 27 6 PM Male Basketball Tournament Hester Center February 28 29 9 AM Parade Seacrest February 28 11 AM Old School Dance Party Hester Center February 28 1 PM Art Explosion Hester Center February 29 11 AM Spoken Word Hester Center February 29 2 PM Fashion Show Hester Center February 29 3 PM Gospel Explosion Hester Center February 29 4 PM 5227 Results The event .attendance can-be .estimated to be-between ten and .twelve thousand-people for the month with activities on Saturday, February 28th accounting for the largest percentage of .the attendance. This represents a thirty percent increase-over .the past two years' attendance and it should also be noted that severe inclement weather on Friday, the 27th and Sunday, the 29th impeded the .attendance. The event was a financial success in that it showed a small profit margin. Total expenses $48,992.81 was leveraged by $59,683 in income which was a combination of residual funds from previous year's sponsorships and donations. The financial success was made possible by the in-kind .donations of City staff and by both the .print and media partners. Elements that contributed most to these financials was the sale of the books authored by Tommy Ford along with his appearance to autograph the book at the events, the Circus and the Carnival which came with no over head, vendor fees, the adult basketball competition and the entertainment. The event saw a 32 percent increase in vendor participation over the past 5 years. Vendors reported a tremendous amount of .pleasure .specifically with Saturday, the 28th where many reported selling out of all merchandise. The feedback was not all complimentary, however, the overwhelming response was the willingness to be.a part of the event in coming years. The Event was also successful as a result of the celebrity personalities who attended throughout the month. Tommy Ford, Author formerly of the hit television series -Martin, Miss Black USA, Peaches and Herb, Tavares, International Reggae artist Yellow Man and .Mr. Easy were joined by on air .personalities from .Infinity Broadcasting, 102.3 .the Beat and 106.3 to be a significant part of the 30 percent increase in attendance. Of significance was the Caribbean Carnival that was held on-Martin Luther King-Boulevard on Friday, February 27. Despite unseasonable cold weather, residents came out to enjoy the .entertainment of several international reggae artists, food, .games ~nd to .meet the Dignitaries who represented their countries here in the United States. This is the 5228 first event of its type in the area known as the Heart of Boynton. The event was enjoyed by all and passed without any incidents of violence. Several events were held within the CRA Boundaries: The Book Fair with Actor/Author Tommy Ford which was held in the Ocean District at the City Library, the Parade route was along Seacrest Bivd from Boynton Beach Boulevard and NW 17t~ Avenue and the Caribbean Carnival was held on Martin Luther King Jr. Blvd. All of the events were designed to mirror the focus that has been levied on other areas of the City using events. The event highlighted the areas for redevelopment while creating a positive economic opportunity for local businesses. Most notably was the Head of Boynton District..Local businesses .and residents were very appreciative of being given the opportunity to celebrate within their community and the opportunity to grow their business. intangible, were not committee's feelings. continued partnership HeritageFest 2004 was a resounding success on all fronts. The committee was extremely .pleased with -the results and the group .feels -that all .goals, .tangible and only met but exceeded. The community has echoed the This event has -proven to be .a good partner for the _CRA and is recommended. The strategic plan compiled by the Independent Consultants LB and Associates, proposes the year 2005 as .the year that HeritageFest becomes independent of the City. Close attention to recommendations made below and continued solidifying of current partners who .provide a-large percentage of the in-kind services should make the transition a smooth one, however, the event more than likely will not see a-positive cash flow for about 3 years. 5229 Recommendations for HeritageFest 2005 · Reduce the Number of activities to reflect the schedule below, · Reduce the Festival events from eight days to four days, - Apply for.independent 5013c status, · Establish an independent Board, · Screen the fence for the concert to invite the residents on the outside to come in to view the entertainment, · Lower the age of the of the children who are granted free admittance from tl to 7 and under, · Reduce the number of rides for the Carnival, · Work with MAD DADS of Boynton Beach, Delray and West Palm Beach to strengthen the volunteer base, · Sell tickets using the Ticket Master System, · Notify Schools of the Educational Components earlier in the year, · Engage an entertainer who appeals to a younger audience, · Change parade time from morning to afternoon to ensure crowd retention. EVENT City Library Event Week 1 Spelling Bee Contest Oratory/Essay Story Hour Week 2 Art, Science Fair Coronation Banquet Youth Recognition Week 3 Circus Carnival Caribbean Celebration Male Basketball Tournament Parade Maie Basketball Tournament Finals Concert Schedule of Events Location City Library City Library City Library City Library BB High School or Poinciana Hester CenterlSeacrest & MLK Seacrest/MLK Hester Center Seacrest/MLK Seacrest Hester Center Hester Center Date Celebrity Personality February 5 Lavar Burton February 12 Tuskegee Airmen Miss Black USA February 26 & 27 TBA February February 27 February 5230 Staff Recommendations to the CRA Board The new nuances added to the event this year have proven to be successful. For the first time in quite some time, the event .has broken even instead of showing a loss. The CRA funding and staff support was instrumental in achieving this milestone. Staff believes that this event with the aforementioned recommendations will become a signature event for the area. Continued CRA support will be necessary for the event to continue to make positive strides. Support i.n the Heart of Boynton will assist in rebuilding the reputation of the area and shed a more positive light. Continuous events in the area will not only aid in economically rebuilding the area but help to put in perspective the perceptions about the area. It should be noted that while the area has a negative reputation, there have not been incidents of violence or disturbances during the 21 years of existence of this event. Staff recommends continuous support of the event and an increase in funding. The increase in funding will assist in the event obtaining nationally recognized entertainers which will increase attendance and subsequently a sustained revenue stream. 5231 Event Wrap. Up Multi-Cultural Winter Carnival December 2003 5232 Strategic Plan The Multi-cultural Winter Carnival was a partnership between the CRA and Boynton Ocean District Association. The event was held on December 6th, 2003, and despite unseasonably cold weather, was well attended. The event concept was first discussed at the June 3, 2003 meeting and subsequently each development was discussed at monthly BODA Meetings at which time attending members voted on the elements as they were brought forth. On August 5th 2003, committee assignments were completed. The event experienced significant growth in the areas of attendance, vendor participation, and sponsorship support. The Multi-Cultural Winter carnival was well received by the community and with a few changes, this event has the potential to become an annual signature event for the holiday season. The planning sessions that were held over several months yielded the following goals. First, create an event that was multi-cultural in nature. It was pointed out by several members of the planning group that the holidays were celebrated by all cultures and in many different ways. As a result of this discussion, the Hanukkah and the Kwanzaa elements were added. The addition of the two elements was a resounding success. For the first time, an event held in the downtown was attended by a crowd that was noticeably diverse. The addition of the carnival rides was a direct result of discussion surrounding the subject of raising funds for the event. The event plan called for a charity element which would become a signifier of the downtown businesses reaching out to the people of the community. In order to achieve this goal, a funding mechanism was necessary. The carnival ddes became the ideal funding mechanism. The rides were self supporting, did not increase the overhead of the event and paid a royalty to the event. The charity element that became the vehicle for the BODA was the Adopt a Family Program. Four schools within the CRA boundaries were chosen to participate. The principals of each school was contacted and asked to select the family that would become the recipient of the donated items. The Members of BODA and CRA Staff worked to get donations from each business within the downtown area. Some businesses gave true donations 5233 and others matched the dollars that were spent. Other funding mechanisms that were implemented were sponsorship dollars, an Ice skating rink and vendor participation fees. Upon completion of the design of the event's concepts, committee chairs from the BODA organization were assigned to various aspects of the plan to implement. On the day of the event, a team of approximately 50 volunteers carded out logistics. Groups that participated were Omega PSI PHI (local Fraternity), the United Way, BODA and various other individuals from the community. The combination of Staff and community volunteers worked well and the results yielded was an event that ran well. An additional benefit was that the volunteers helped to promote the event and the audience reflected in some degree the pool of volunteers. 5234 Event Concept: The Boynton Beach Multi-Cultural Winter Camival is a partnership between the CRA and Boynton Ocean District Association. This holiday themed carnival celebrates the diversity in culture that exists in Boynton Beach and the neighboring cities. The elements of the event, specifically the Intemational Market Place, Talent Show Case and the Snow Volleyball Tournament, have been designed to appeal to families who celebrate Kwanzaa, Christmas and Hanukkah and increase attendance by attracting families and friends to support the competitors. Date: December 6th, 2003 2:00 PM - 11:00 PM Location: Ocean Avenue to Federal Highway, Boynton Beach Projected Attendance A) Number 8,000 -10,000 B) Demographics: Families of Boynton Beach and Neighboring Cities Event Goal: Raise funds for The Adopt a Family Charity Raise funds for the BODA (Boynton Ocean District Association) Elements of the Event: Talent Show Case Kids Zone Entertainment Hanukah Kwanzaa Window Decorations Contest Snow Volleyball Competition Ice Rink Toy Drive Adopt a Family Carnival Rides 5235 Results · Forty percent increase in attendance, · Fifty percent increase in vendor participation, · Three thousand dollars profit margin, · Fifty percent increase in volunteer participation. The marketing and promotional plan was instrumental in the forty percent increase in attendance. The newspaper partnership with the Palm Beach Post yielded $10,000 in in-kind services and a $900 expenditure with Infinity Broadcasting translated into over $5,000 in value. Combined with word of mouth promotion of the volunteers and the BODA membership and the Battler of the Band competition, the event was successful in increasing the attendance over the previous year. The event experienced a fifty percent increase in vendor participation despite the addition of a participation fee. Vendors expressed their appreciation for an event that was well planned and easy to navigate. Even though the attendance was impeded by the cold weather, the vendors appreciated the weather was not in direct control of the palling staff was therefore very forgiving. Each element of the event' was negotiated according to the CRA Purchasing Policy. The Expenditures for the event totaled $12,797 and revenues totaled $15,899 yielding a profit of $3,102 for BODA to build its resources. The elements that contributed most to the financial success of the event were: sponsorship dollars, vendor participation fees and the carnival rides. The logistics of the event were carried through by approximately 50 community volunteers along with BODA Members and Staff. The increase in the number of participants combined with the diversity was a win-win situation for the event. 5236 Recommendations · Change the date of the event to circumvent the cold temperatures experienced over the past two years, · Add carnival rides to 4th street in order to eliminate the disconnect of the two events, · Eliminate the toy drive and focus on .the Adopt a Family Campaign. Comments from the community included: change date to earlier to avoid the cold weather, increase hours of operation for the carnival, and provide better linkage between the carnival rides and the entertainment on Ocean Avenue. There was a positive cash flow at the event. The carnival ddes, vendor fees and sponsorship dollars generated a small profit. This is significant in that this is the first event to accomplish this. This is a positive indication that we are well on our way to achieving the goals set forth in the strategic plan. The partnership with BODA is a work in progress; however, staff continues to take on an educational role. The future of this event is a bright one; while the elements cannot be compared apples for apples with the event held in December 2002, the partnership in combination with more planning time yielded an event' with an increased number of vendors, attendance and revenue streams. 5237 Staff Recommendations to CRA Board The Board has been consistent in its direction to ensure that Staff and financial support is not a never-ending process but instead that Staff and financial support is used to grow the event to independence within a 3 to 5 year period. Review of the events over the past year indicates strong progress towards the Board's wishes, but there is much more work needed. The current pace at which the event is growing is a slow one. This is a direct result of the amount of funding that has been dedicated to the event. The current budget does not allow for attracting national entertainment and as a result the attendance, remains unstable. It will be difficult to achieve the goal of financial independence if this trend continues. The element of the carnival is an excellent example of creating a revenue stream however; there are limitations due to the geography of land and the number of rides that the area is capable of sustaining. The current economic climate has curtailed the sponsorship commitment levels. Event partners are increasingly committing more in-kind service and reducing their Cash commitment. What this means to an event is high dollar expenditures such as entertainment has to be reduced. Staff, therefore recommends that the Board considers an increase in the funding amount in order to improve the quality of the entertainment. 5238 VIII. Old Business 5239 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 approphate auxiliary aids and services where necessary to afford an individual with a disability an equal opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. IX, New Business 5240 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 opportuxfity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Doughs 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. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: CC: FROM: DATE: CRA Board Douglas C. Hutchinson, Executive Director Lindsey A. Payne, Board Attorney May 3, 2004 Assignment of Funding Agreement with The Related Group We have received a request from The Related Group (hereinafter TRG) for the assignment of the Funding Agreement between the CRA and TRG to Bank United. The Funding Agreement relates to the construction of the parking garage. The Funding Agreement between TRG and the CRA provides as follows: 8.5. Assignment, This Agreement shall be binding upon and enforceable by and against the parties hereto, their successors and assigns, and inure to the benefit of the successors and assigns of the parties. TRG agrees that it shall not assign or transfer this Agreement to another party without the prior written consent of the CRA, which consent shall not be reasonably withheld or delayed. Both the Executive Director and I have reviewed the Certificate of the CRA and the Assignment document and the changes we requested have been made to the documents. Your consideration of this item is being requested. LAP:jas H:\1998\980465~2004 MEMOS~unding Agreement.doc 5241 CERTIFICATE OF CRA ,2004 BankUnited, FSB as Agent 255 Alhambra Circle Coral Gables, Florida 33134 Attention: Clay F. Wilson, Executive Vice President Re: CRA: Agency AGENT: BORROWER/OWNER: partnership LAND: IMPROVEMENTS: FUNDING AGREEMENT: Boynton Beach Community Redevelopment BankUnited, FSB as Agent TRG-Boynton Beach Ltd., a Florida limited See Exhibit "A" attached hereto. 338 unit condominium project, together with 11 townhomes, a six level parking garage with 808 parking stalls (70 of which are to be transferred to the CRA pursuant to the Funding Agreement) (the "Parking Garage"), a retail building containing 12,840 square feet of retail space, a restaurant pad for the development of a 11,751 square foot restaurant, together with a 33 unit wet slip marina (the Land and the Improvements may sometimes hereinafter be collectively referred to as the "Project") Funding Agreement dated as of December 9, 2003, by and between Borrower and the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, Florida Statutes. Gentlemen: In consideration of your making a loan (the "Loan") to the Borrower to finance the construction of the Improvements, we hereby consent to Borrower's assignment of the Funding Agreement to Agent, pursuant to the terms of the Assignment of Funding Agreement attached hereto as Exhibit "B" (the BOYNTON B~cH COMMUNITY REDEVELOPMENT Ae;,C¥ 639 E. Ocean Ave. Ste 107 Boynton Beach, gL 33435 Oftice: 56 !-737-3256 * Fax: 561-737-3258 5242 "Assignment"). We hereby agree that in the event of a default by Borrower under the terms of the Funding Agreement, we shall, at your request, continue to perform our obligations under the Funding Agreement in accordance with the terms thereof, provided that the duties and obligations of Borrower under the Funding Agreement continue to be performed by Agent. We acknowledge and agree that you have not assumed any of Borrower's obligations under the Funding Agreement and that you shall have no obligation or liability to us by reason of such Assignment. We further acknowledge and agree that at the request of Agent, pursuant to the terms of the Assignment, we will make the payments contemplated by the Funding Agreement directly to Agent. Attached hereto as Exhibit "C" is a true and correct copy of the minutes of the meeting where a motion was passed by the CRA Board authorizing the CRA to enter into the Funding Agreement. The Funding Agreement has been duly authorized, executed and delivered by the CRA and is enforceable against the CRA in accordance with its terms. The CRA has One Million Fifty Thousand Dollars ($1,050,000.00) readily available to fund the CRA's obligations under the Funding Agreement, which funds have been specifically designated for the construction of the Parking Garage pursuant to the Funding Agreement. The CRA hereby certifies that attached hereto as Exhibit "D" is a true and correct copy of the Funding Agreement. The Funding Agreement has not been altered or Amended and is in full force and effect. The CRA agrees that this Certificate is being given to you incident to the Loan, and it is intended that Agent, and its successors and assigns, shall rely upon the contents and accuracy of this certificate in making the Loan. The CRA agrees that this instrument shall be binding upon the CRA and its successors and assigns and shall inure to Agent's benefit and the benefit of its successors and assigns. The CRA agrees that the Funding Agreement shall not be amended without Agent's consent. BOYHTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Ave, Sfe, 107 8oynton Beach, I:L 33435 Office: ~1-737-32~. * Fax: ~!-737-3258 5243 Very truly yours, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes # 1859708_vl By: SEAL) Name: Title: BOYHTON BEACH COMMUNITY REDEVELOPMENT A;ENCY 639 E Ocean Ave. Ste, 107 Boynton Beach, FL 33435 Office: 561-737-3256 * Fax; 561-737-3258 5244 This instrument was prepared by and, upon recording, should be returned to: William R. Bloom, Esq. Holland & Knight LLP 701 Brickell Avenue Suite 3000 Miami, Florida 33131 EXHIBIT "B" ASSIGNMENT OF FUNDING AGREEMENT THIS ASSIGNMENT OF FUNDING AGREEMENT (hereinafter referred to as this "Assignment"), made as of the 16th day of April, 2004, by TRG-BOYNTON BEACH, LTD., a Florida limited partnership (the "Borrower"), whose address is 2828 Coral Way, PH 1, Miami, Florida 33145 to BANI{UNITED, FSB, as agent for itself and the other Lenders (as defined in the Loan Agreement, as hereinafter defined ("Agent"), whose address is 255 Alhambra Circle, Coral Gables, Florida 33134. WITNESSETH: A. The Borrower is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"); B. The Borrower has requested Lenders make a loan to Borrower in the principal amount of $53,516,050.00 (the "Loan") pursuant to the terms and conditions of the Construction Loan Agreement of even date herewith (as amended from time to time, the "Loan Agreement") between Borrower, Lenders and Agent. All terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement. C. The Loan is or will be evidenced by the Notes in the aggregate principal amount of $53,516,050.00 and are secured by the Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and Notice of Future Advance of even date herewith between Borrower and Agent (on behalf of the Lenders) (together with any modifications, renewals, or modifications thereof, the "Mortgage") which encumbers the Property. D. The Agent and Lenders are unwilling to make the Loan and accept the Mortgage, unless Borrower makes, executes and delivers this Assignment. NOW THEREFORE, in consideration of the premises and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Lenders to Borrower, the mutual receipt and legal sufficiency of which are hereby acknowledged, Borrower hereby agrees as follows: 5246 1 EXHIBIT "B" 1. Borrower hereby grants, transfers, bargains, sells, assigns, conveys, and sets over unto Agent, its successors and assigns, all fight, title and interest of Borrower in and to that certain Funding Agreement dated as of December 9, 2003 (the "Funding Agreement") by and between Borrower and the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part 111, Florida Statutes (the "CRA") and all payments to be made by the CRA to Borrower which Borrower is now or may hereafter become entitled, arising out of the Funding Agreement (the "Payments") 2. Borrower further gives and grants unto Agent the following rights (collectively, the "Rights"), and the power and authority to exercise any one or more of the Rights in any order or combination as Agent may elect in its sole and absolute discretion: (i) enforce and modify the Funding Agreement;; (ii) (A) demand, collect, sue for, attach, levy, recover, receive, compromise, and (B) adjust and make, execute, and deliver receipts and releases for Payments which may be or may hereafter become due, owing or payable from the CRA; (iii) receive, endorse and deposit for collection in the name of Borrower or Agent any checks, whether made payable to Borrower or Agent, which are given in payment or on account of the Payments or by way of compromise or settlement of any indebtedness for such Payments; (iv) institute, prosecute, settle or compromise any summary or other proceedings for the recovery of the Payments; (v) defend, settle or compromise any legal proceedings brought, or claims made against, Agent, Lenders or their agents, employees or servants by the CRA which may affect the Property, and, at the option of Agent, defend, settle or compromise any claims made or legal proceedings brought against Borrower by the CRA which may affect the Property or any part thereof; (vi) pay, from and out of the Payments collected by Agent hereunder any costs and expenses incurred by Agent in connection with the Completion of the Improvements as defined in the Loan Agreement; and/or (vii) enforce, enjoin or restrain the violation of any of the terms, provisions and conditions of the Funding Agreement. All of the Rights may be exercised by Agent or by its agents, servants or attorneys, in the name of Agent or in the name of Borrower, and in such manner as Agent, its agents, servants, or attorneys consider to be necessary, desirable, expedient, or appropriate; provided, however, that (a) Agent agrees that it will not exercise any of the Rights unless and until an Event of Default has occurred under the Loan, (b) under no circumstances shall Agent be under any obligation to exercise any of the foregoing Rights, (c) Agent does not undertake to perform or exercise any.of the Rights, and (d) Agent shall not, in any manner, be liable to Borrower or any other party for failure to exercise such Rights. 5247 EXHIBIT "B" 3. Agent shall have the unqualified right to receive, use and apply the Payments collected and received by it under this Assignment (a) for the payment of any and all reasonable costs and expenses incurred in connection with (i) enforcing the terms of this Assignment, (ii) upholding and defending the rights of Agent hereunder, and (iii) collecting Payments due under the Funding Agreement; and (b) for the payment of costs and expenses incurred in connection with the construction of the Improvements, as def'med in the Loan Agreement. 4. Borrower hereby irrevocably constitutes and appoints Agent its true and lawful attorney, to undertake and execute any or all of the powers described herein with the same force and effect as if undertaken or' executed by Borrower, and Borrower hereby ratifies and confirms any and all things done or omitted to be done by Agent, its agents, servants, employees or attorneys in, to or about the Property. 5. Agent hereby gives Borrower a revocable license to collect all the Payments, which Payments are to be applied by Borrower to pay the cost to construct the Improvements pursuant to the terms of the Loan Agreement. Such license may be revoked by Agent without notice to Borrower upon the occurrence of any "Event of Default" as defined under the Loan Agreement, upon default by Borrower of its agreements and obligations under this Assignment not cured within the applicable grace period, or if any representations or warranties of Borrower hereunder are or become untrue or misleading in any material respect. Unless and until such license is so revoked, Borrower agrees to collect and receive the Payments in trust for the benefit of Agent and to apply the Payments to pay the cost of complete construction of the Improvements pursuant to the terms of the Loan Agreement. 6. Borrower hereby covenants and agrees: (i) to perform faithfully every obligation which Borrower is required to perform under the Funding Agreement; (ii) to use its good faith and diligent efforts to enforce, or to secure the performance of, at its sole cost and expense, every material obligation to be performed by the CRA; (iii) promptly to give notice to Agent of any notice of default received by Borrower from the CRA and any notice of default given by Borrower to the CRA, together with a copy of such notice; (iv) not to further assign the Funding Agreement or the Payments due or to become due or to which Borrower may now or hereafter become entitled; (v) except with Agent's prior written consent, not to waive, condone or in any manner discharge the CRA from its monetary or other material obligations under the Funding Agreement; (vi) to appear in and defend, at Borrower's sole cost and expense, any action or proceeding arising under, growing out of or in any manner connected with the Funding Agreement; (vii) not to violate, beyond any applicable cure period, any of the provisions of the Note, the Mortgage, the Loan Agreement or any other Loan Documents. 5248 3 EXI41I:IIT "B" 7. Borrower hereby represents and warrants: (i) to the best of Borrower's knowledge, the Funding Agreement has been duly authorized, executed and delivered by the CRA; (ii) the Funding Agreement is in full force and Borrower has received no written notice(s) of default from the CRA under the Funding Agreement; (iii) the construction of the Parking Garage in accordance with the terms of the Loan Agreement will comply with the terms and provisions of the Funding Agreement. 8.' It is understood and agreed that nothing contained in this Assignment shall prejudice or be construed to prejudice the right of Agent under the Note, the Mortgage, the Loan Agreement or any of the Loan Documents, without notice (unless notice is specifically required under the relevant document), to institute, prosecute and compromise any action which it would deem advisable to protect its interest in the Property, including an action to foreclose the Mortgage, and in such action, to move for the appointment of a receiver of the Payments, or prejudice any rights which Agent shall have by virtue of any default under any of the Loan Documents. This Assignment shall survive, however, the commencement of any such action and shall continue in full force and effect in the event of any foreclosure action until a sale of the Property shall be had thereunder. 9. Borrower agrees to indemnify and hold Agent and Lenders harmless from and against any and all liability, loss, damage, cost and expense, including reasonable attorneys' fees and disbursements, which it may or shall incur under any of the Funding Agreement, or by reason of this Assignment, or by reason of any failure of Agent to act hereunder or by reason of any action taken by Agent in good faith unless such action of Agent constitutes gross negligence or willful misconduct, and from and against any and all claims and demands whatsoever which may be asserted against Agent by reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms, covenants and conditions contained in any of the Funding Agreement. Should Agent and/or Lenders incur any such liability, loss, damage, cost or expense, the amount thereof, together with interest thereon from the date such amount was suffered or incurred by Agent and/or Lenders until the same is paid by Borrower to Agent at a rate equal to the Default Rate provided in the Loan Agreement, shall be payable by Borrower to Agent immediately upon demand, or at the option of Agent, Agent may reimburse itself therefor out of any Payments collected by Agent. Nothing contained herein shall operate or be construed to obligate Agent to perform any of the terms, covenants or conditions contained in the Funding Agreement or otherwise to impose any obligation upon Agent with respect to the Funding Agreement. 10. Upon request of Agent, Borrower shall execute and deliver to Agent, such further instruments as Agent may deem reasonably necessary to effectuate this Assignment and the covenants of Borrower contained herein. Borrower, at its sole cost and expense, shall cause such further instruments to be recorded in such manner and in such places as may be reasonably required by Agent. 11. Failure of Agent to avail itself of any of the terms, covenants and conditions of this Assignment shall not be construed or deemed to be a waiver of any of its rights hereunder. The rights and remedies of the Agent under this Assignment are cumulative and are not in lieu of but are in addition to, and shall not be affected by the exercise of, any other rights and remedies which Agent shall have under or by virtue of any statute or law or in equity, or as provided in the Loan Agreement, the Notes, the Mortgage, the other Loan Documents, or any other document executed in connection with the foregoing 5249 4 EXHIBIT "B" (collectively, the "Other Rights."). The rights and remedies of Agent hereunder may be exercised concurrently with any of the Other Rights. 12. This Assignment shall continue in full force and effect until (a) all sums due and payable under the Loan Agreement, the Notes, the Mortgage, and any other Loan Document (including, without limitation, all sums due and payable in connection with any future advances made under the Mortgage) shall have been fully paid and satisfied, together with any and all other sums which may become due and owing under this Assignment, and (b) all other obligations of Borrower under the Loan Agreement, the Notes, the Mortgage, any other Loan Document, and any other document executed in connection therewith are satisfied. Upon termination of this Assignment as hereinbefore provided, this Assignment and the authority and powers herein granted by Borrower to Agent shall cease and terminate, and, in that event, Agent shall (i)execute and deliver to Borrower such instrument or instruments effective to evidence the termination of this Assignment, and (ii) deliver to Borrower any monies held by Agent for the benefit of Borrower. 13. All of the representations, warranties, covenants, agreements and provisions in this Assignment by or for the benefit of Borrower, Agent or Lenders shall bind and inure to the benefit of their respective successors and assigns. 14. Nothing in this Assigrmaent shall be construed to give to any person other than Agent and its successors and assigns any legal or equitable fight, remedy or claim under this Assignment and this Assignment shall be held to be for the sole and exclusive benefit of Agent and its successors and assigns. 15. All notices, demands or requests made pursuant to this Assignment shall be given in the manner set forth in the Loan Agreement. 16. This Assignment may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. 17. This Assignment shall be governed by, construed and enforced in accordance with the laws of the State of Florida. 18. BORROWER, AGENT AND LENDERS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS ASSIGNMENT OR ANY OF THE OTHER LOAN DOCUMENTS, ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY; THIS WAIVER BEING A MATERIAL INDUCEMENT FOR AGENT TO ACCEPT THIS ASSIGNMENT. IN WITNESS WHEREOF, Borrower has executed this Assignment as of the day and year first above written. TRG-BOYNTON BEACH, LTD., a Florida limited partnership By: TRG-Boynton Beach, Inc., a Florida 5 5250 EXH~IT "B" corporation, its sole general partner By: Matthew Alien, Vice President Dated: April ,2004 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) : SS. The foregoing instrument was acknowledged before me this __ day of April, 2004, by Matthew Allen, as Vice President of TRG-BOYNTON BEACH, INC., a Florida corporation, the sole general parmer of TRG-BOYNTON BEACH, LTD., a Florida limited partnership, on behalf of the corporation and the limited partnership. He is personally known to me or has produced as identification. My commission expires: My commission number is: Notary Public Name of Notary Printed: (NOTARY SEAL) # 1865971_v2 5251 6 EXHIBIT Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein asked for a copy of the draft of the Affordable Spaces Incentive and Mr. Hutchinson will follow through on this. VIII. Old Business None IX. New Business A. Consideration of the Marina Parking Agreement Chairman Finkelstein noted that he had requested a change in the last sentence of the first paragraph of Paragraph 9 (Page 4033 of the agenda) that currently reads, "Two Georges may release the 35 spaces to TRG or its successor, and the parties' obligations under Paragraph 10 below shall cease as to such spaces." Chairman Finkelstein requested that the wording be changed to "Two Georges shall release the 35 spaces to TRG or its successor, for unrestricted public release." He pointed out that all the parties agreed to this. Mr. Hutchinson explained that for the CRA's $1 million investment, the City would receive a $100 million project with an 85% return on investment per year. Over a 30- year period the City would receive more than $30 million in tax revenues in addition to the money spent by people living and shopping in the area. Mr. Fisher pointed out that the City has already given out $750,000 on this project to previous developers. He would like the developer to agree to receive payment after the initial 5% of construction instead of at the permitting stage. This protects the City from handing out any additional dollars before any construction begins, even though these problems existed with the previous developers and not the current one. Chairman Finkelstein did not think that the $750,000 was ever paid and that it was around $160,000 because the timeframes were never met. Mr. Fisher said that he did bring this up with the developer and would like their comments. Chairman Finkelstein pointed out that the current language states "receiving a building permit," whereas the other developers never even pulled a permit. Mr. Fisher was in favor of the agreement, but he would like to see something done before any more money is paid out. Jerry Knight, Attorney for TRG Related said. that a draw scheduled has been worked out with staff to reflect their payments and they have to pay $250,000 next week when they apply for a permit. When they receive the permit, they have to pay the contractor. They had anticipated getting the money from the CRA as previously outlined. Chairman Fisher did not feel comfortable with the permit only stage and would like to see some building going on. Mr. Hutchinson suggested that the payment could take place at "the commencement of construction." Chairman Finkelstein suggested payment on "filing 5252 4223 ' 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 notice of commencement." Mr. Knight said that they would be agreeable to payment upon "the commencement of construction." At that point, TRG would receive 15%. Mr. Knight noted that the way the agreement reads, they would receive 15% when they pull the permit, and they would not receive the next 15% until they finish 30% of the project. Mr. Knight said that they would agree with the new language. Therefore the language would be changed to read that "TRG receiving a building permit for the garage and commencement of construction." Vice Chair Heavilin inquired if this language pertained to the 70 spaces or the whole garage and was informed it was the whole garage. Vice Chair Heavilin pointed out some typographical errors as follows: In section 13, Page 4035 of the agenda, in the sixth line from the top, it reads "...shall execute, and have TRG shall have..."This needs clarification. Attorney Payne pointed out that this is the City's Agreement and Mr. Knight requested that Vice Chair Heavilin speak to him later about any additional errors. Mr. Fenton was against the incentive and did not think that the CRA should become involved in a lawsuit among the developer, the City and the Two Georges. He pointed out that the developer should have discovered these problems prior to their purchasing the project. He felt that the money could be spent better elsewhere. Chairman Finkelstein pointed out that the City approved the site plan and that it was not only the developer that missed this problem. He pointed out that Two Georges would only be receiving 35 spaces and the 35 spaces that the CRA is contributing will go to the public as free parking. He did not think it was the developer's fault for not discovering the problem earlier. Further, if Two Georges at some point no longer uses their spaces, they would revert back to the public. Mr. Tillman said that this is a good opportunity to finally bring this to a conclusion and he approved of the plan. He confirmed that the $750,000 was never paid out because the prior developer did not fulfill his obligations. He wanted to move forward as soon as possible. Vice Chair Heavilin commended all the parties who have worked many hours to get the Marina on line. Ms. Hoyland would like to see what the elevations would look like after the changes because she had previous problems with the elevations before. Mr. Knight responded that the only elevation changes would be the additional two stories on the garage to accommodate the 70 parking spaces. Ms. Hoyland felt that the building was in need of more landscaping and she would like to see this done as a courtesy to the Board, even if it was not possible to change the agreement now. Attorney Payne asked Ms. Hoyland if she wanted the plan to come back for viewing or approval. Ms. Hoyland would like to have it come back for approval if possible, because she has major problems with the west elevation. Mr. Knight said that they cannot change the agreement between the City and Two Georges and it would have to go back 5253 6 4224 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 to everyone to review it again. He pointed out that the two additional stories would not account for a major change. Chairman Finkelstein did not think it was necessary for the plan to come back to this Board since it has to go through administrative approval with staff. Chairman Finkelstein recommended that as soon as staff receives the plan for administrative approval, they could provide copies to the Board. Quintus Greene, Development Director, informed Mr. Knight that the City would provide the CRA with a copy when the plan is submitted for minor site plan modification. Chairman Finkelstein stated for clarification purposes that the CRA is not paying the funds to the developer, but in fact is purchasing 70 garage spaces, 35 for the public and 35 for Two Georges. Chairman Finkelstein pointed out that Exhibit B to the Mediation Agreement listed "70 CRA Parking Spaces" and requested that the "CRA" be removed and the word "additional" substituted in its place. He also pointed out that there is no requirement for trolley or police in the agreement. Mr. Fenton requested that the $70,000 for the fee-in-lieu-of be deducted from the incentive. Mr. Hutchinson pointed out that the City would receive those funds and Chairman Finkelstein felt that this needed to be discussed in another venue. Motion Mr. Tillman moved that the Board approve the Marina Parking Agreement, as amended. Motion seconded by Mr. Fisher. Motion carried 6-1 (Mr. Fenton dissenting). B. Consideration of CRA Participation in a Temporary Month-to-Month Parking Lot Rental with BODA. Agreement Cost for the Budget Year is $1,8oo Mr. Hutchinson pointed out that there is a need for additional parking and BODA has been working on obtaining a parking lot for employees and patrons at the First Financial Plaza. Ten business members of BODA will be underwriting the $1,500 per month for the parking spaces and the Banana Boat will be supplying the liability insurance and clean up of the lot. Staff is asking for the CRA to participate in the amount of $150 per month. Chairman Finkelstein recommended going with a three-month trial that is referred to in the Memorandum of Lease on page 4084 of the agenda packet. He would also want the CRA' to be named as an additional insured on the insurance policy. Chairman Finkelstein pointed out that the CRA had agreed to convert the Relax inn land into temporary parking. Mr. Hutchinson stated that they are going through the permit process on this. Vice Chair Heavilin inquired what would happen if any of these businesses failed and who would pick up the slack. Mr. Hutchinson noted that participants would have to pay first and last months' rent when they opt in. She also inquired about the extra security that would be furnished by the Banana Boat. Mr, Hutchinson responded that their employees would be walking and policing the area. Vice Chair Heavilin was concerned 5254 7 4225 ~ ~ EXHIB " , - ~- ~IT D" FUNDING AGR~E/VIENT This Funding Agreement ("Agreement") is made and entered into this'~j~day of _~,~a~__, 2003, by and between TRG BOYNTO1N BEACit, LTD., a Flor/da limited partnership ("TRG"), and the BOYNTON BEAC~ COM]VIUNITY REDEVELOP1VIE1NT AGENCY, a public agency created pursuant to Chapter 163, Part LII, Florida Statutes ("CRA"). WITNE S SETH: WHEREAS, the City Commission of the City of Boynton Beach, Flor/da ("City Commission"), created the CRA pursuant to Chapter 163, Part III, Florida Statutes; and WHEREAS, TR@ is the owner of certain property ("TRG's Property") located near the intersection of Federal Highway and Boynton Beach Boulevard and desires to develop and/or redevelop such property with certain funding assistance from the CRA; and WHEREAS, TR@'s Project, as defined below, is included within the boundaries of the redevelopment area over which the CRA has jurisdiction; and 'WHEREAS, the City Commission has adopted a Commllnity Redevelopment Plan ("Plan") for the area within the jurisdiction of the CRA, which includes TR@'s Property, and the Plan contemplates the development/redevelopment of TRG's Property for mixed uses, including multi faro i ly resident[al,- com.m ercial, marina, and restaurant uses; and WHEREAS, TRG and the CRA desire to establish an agreement between them for certain financial assistance.to be contributed by the CRA to TRG in connection with TRG's Project. Now, THEREFORE, in consideration of the conditions, covenants and mutual promises set forth, TRG and CRA agree as follows: i. Recital. The foregoing recitations are true and correct and are hereby incorporated herein by reference. All Exhibits to this Agreement are hereby deemed a part hereof. 2. PrqieCt Overview and CRA Determination. 2.1 TP,_G's Proiect TRG's Project consists of certain multi-family, commercial, mar/ha, and restaurant uses. A Site Plan showing TRG's Project is attached hereto as Exhibit "A". 2.2 CRA Determination. The CRA has determined that TRG's Project is consistent with and furthers the goals and objectives of the Plan and that development of the TRG's Project will promote the health, safety, morals and welfare of the residents of the City of Boynton Beach, Flor/da. The CRA is authorized to expend fuads from its Redevelopment Trust Fund for the purposes established in this Agreement. 5255 3. TRG's Obligations. TRG shall have the following obligations with respect to TKG's Project: 3.1 TRG's Project shall be constructed, used and maintained substantially in accordance with the Site Plan attached hereto as Extfibit "A" and the terms of th.is Agreement. · 3.2 TRG agrees to construct, as part 6f TRG's Project, a multi-level parking garage ("TRG Park/ng Garage"). Seventy (70) of the parking spaces contained in the TRG Parking Garage (hereinafter referred to as the "70 Spaces") shall be allocated as follows: (i) 35 parking spaces shall be unassigned and avai,l.a:ble for use by the general public; and (ii) 35 parking spaces shall be assigned for the exclusive use of the existing Two Georges Restaurant (patrons only), located adjacent to TRG's Project. The 70 Spaces shall be identified with appropriate signs and/or pavement markings, and the owner of the Two Georges Restaurant shall have the right to enforce the parking restriction relative to its 35 parking spaces by towing vehicles found to be in violation. The 70 Spaces shall be located on the ramp to the second level and the second level of TRG's Parking Garage as shown on the diagram attached hereto as Exhibit "B". 3.3 TRG shall complete TRG's Project, including TRG's Parking Garage, as evidenced by the issuance of appropriate certificates of occupancy or completion, on or before December 31, 2006. 4. CRA Obligation. CRA shall pay to TRG the sum of One M/ilion Fifty Thousand Dollars ($1,050,000.00) ("CP,~ Funding") for constructing the 70 Spaces. The CRA Funding shall be paid to TRG in accordance with the draw schedule attached hereto as Exh/bit "C". 5. Insurance. TRG shall maintain in full force and effect, at its sole cost, the insurance coverage set forth below in a form, content, and amount acceptable to the CRA, relating to the construction of the TRG Garage: 5. i Fire and Extended Coverage: (Builder's R/sk Policy) During construction of the TRG Garage, TRG, at its expense, shall provide full theft, windstorm, fire and extended coverage on the TRG Garage for the benefit of the CRA and TRG, as each party's interests may appear, in an amount not less than one hundred percent (100%) of the replacement value of the TRG Garage or new construction. Such insurance shall provide that the interests of the CRA are included as a loss payee and contain a waiver of subrogation rights by TRG's carrier against the CRA. 5.2 Worker's Compensation: TRG shall provide, carry, ma/nta~ and pay for all necessary Worker's Compensation insurance for the benefit of its employees with the' following limits: Worker's Compensation-statUtory limits; Employer's Liability - one hundred thousand ($I00,000.00) dollars for each accident; five hundred thousand ($500,000.00) dollars disease (policy 1/mit); and one hundred thousand ($100,000.00) dollars disease (each employee). 5256 2 5.3 Owners, Contractor's Protective Liability Insurance (OCP Policy): During construction of the Garage, TRG shall, at its own expense, prov/de, pay for, and continuously maintain Owners, Contractor's Protective Liability insurance in excess of the contractor's liabiLity policy for the benefit of the CRA, with a combined policy 1/m/t of not less than one million dollars ($1,000,000.00), which coverage shall include property damage and personal injuries, including death. Following completion of the TRG Garage, General Liability insurance shall be maintained by TRG, or its successors or assigns, with the same or greater policy limit. The policy shall include coverage for premises/operations, products, completed operations, contractual liability, and independent contractors. The CRA shall be named as an additional insured in the OCP and General Liability policy. 6. TRG's Default, Remedies. 6.1. Event of Default. The occurrence of any one or more of the following shall constitute an Event of Default by TRG hereunder: 6.1.1 If TRG defaults in the performance of any obligation imposed upon TRG under this Agreement or if TRG fails to complete construction of TRG's Garage as provided herein, and TRG does not commence to cure such default within thirty (30) days after delivery of notice of such default from the CRA and diligently pursue such cure to completion after delivery of such notice; or 6. I.2 If, (a) an order, judgment or decree is entered by any court of competent jurisdiction adjudicating TRG banlcmpt or insolvent, approving a petition seeking a reorganization or appointing a r~ceiver, trustee or liquidator of TR@ or of all' or a substantial part of its assets, or (b) there is otherwise commenced as to TRG or any of its assets any proceeding under any bankruptcy, reorganization, arrangement, insolvency, readjustment, receivership or similar law, and if such order, judgment, decree or proceeding continues unstayed for more than sixty (60) days after any stay thereof exp/res. 6.2 Remedies. Upon the occurrence of any Event of Default by TRG hereunder that remains uncured, the CRA shall have the following non-exclusive fights: (~) to terminate the Agreement, without cost or liability to TRG, (ii) to stop any disbursements of CRA Funds; (iii) to immediately enforce all of its fights under this Agreement; and (iv) to avail itself of any fight it may have at law or in equity. 7. CRA Default, Remedies. 7.1 Event of Default. The failure of the CKA to provide the CRA Funding at such t/me as TRG is entitled thereto shall constitute an Event of Default. In the Event of Default as provided above, the CRA shall cure such default within thirty (30) days after delivery of such notice of defauli from TRG. 5257 3 7.2 Remedies. In the event of any Event of Default by the CRA hereunder that remains uncured, TRG may terminate this Agreement and TRG shall have no farther obligations with respect to the 70 Spaces. 8. General Provisions. 8.1. Non-liability of CRA Officials. No member, official or employee of the CRA shall be personally liable to TRG or to any person with whom TRG shall have entered into any contract, or for any amount which may become due to TRG under the terms of this Agreement. 8.2. Notices. All notices to be given hereunder shall be in writing and personally delivered or sent by registered or certified ma/I, return receipt requested, or delivered by an air courier service utilizing return receipts to the parties at the following addresses (or to such other or further addresses as the parties may designate by like notice similarly sent) and such notices shall be deemed given and received for all pm-poses under this Agreement three (3) business days after the date same are deposited in the Un/ted States mail, if sent by registered or certified mail, or the date actually received if sent by persona/delivery or air comer service, except that notice of a change in address shall be effective only upon receipt. If to the CRA:. Boynton Beach Community Redevelopment Agency Attn: Douglas Hutchinson, Executive Director 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Telephone No. (561) 737-3256 Fax No. (561) 737-3258 With Copy to: Lindsey A. Payne Goren, Cherof, Doody and Ezrol, P.A. 3099 E. Commercial Boulevard Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Fax No. (954) 771-4923 If to the TRG: TRG'of Boynton Beach, LTD. Atto: Roberto Rocha 2828 Coral Way, Penthouse 1 Miami, Florida 33145 Telephone No. (305) 460-9900 Fax No. (305) 445-1834 5258 4 With Copy to: Gerald L. Knight Holland & Knight LLP One East Broward Boulevard, Su{te 1300 Fort Lauderdale, Florida 33301 Telephone No. (954) 468-7868 Fax No. (954) 463-2030 8.3. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior negotiations and agreements betwedn them with respect to all or any of the matters contained herein. 8.4. Amendment. This Agreement may be amended by the parties hereto only upon the execution cfa written amendment or modification signed by the parties. 8.5. Assignment. Th/s Agreement shall be binding upon and enforceable by and against the parties hereto, their successors and assigns, and inure to the benefit of the successors and assigns of the parties. TRG agrees that it shall not assign or transfer this Agreement to another party without the prior written consent of the CRA, which consent shall not be unreasonably withheld or delayed. 8.6. Independent Contractor. In the performance of this Agreement, TRG will be acting in the capacity of an independent contractor and not as an agent, employee or partner of the CRA. 8.7. Venue: Applicable Law. All legal actions arising out of or connected with this Agreement must be instituted in the Circuit Court of Palm Beach County, Florida, or United States District Court for the Southern District of Florida. The laws of the State of Flor/da shall govern the interpretation and enforcement of this Agreement. 8.8. Permitted Delays. Subject to providing written notice of such and event -and the party's intention to exercise the applicability of this provision, no party to th/s Agreement shall be deemed in default, and the time for performance of any required act hereunder shall be extended for such period, where such a default is based on a delay in performance as a result of war, insurrection, strikes, lockouts, riots, floods earthquakes, fires, casualty, acts of God, epidermic, quarantine restrictions, freight embargo, shortage of labor or materials, interruption of utilities service, lack of transportation, government restr/ctions of priority, litigation, severe weather and other acts or figures .beyond the control or without the control of either party; provided, however, that the extension of time granted for any delay caused by any of the foregoing shal! not exceed the actual period of such delay, and in no event shall any of the foregoing excuse any financial inability of a party. 5259 5 8.9. Approval of Agreement. By the execution hereof: 8.9.1. The CRA represents that the execution and delivery hereof has been approved at a duly convened meeting of the CRA, and the same is binding upon and enforceable against the CRA in accordance with its terms. 8.9.2. TKO represents that: (i) the execution and delivery hereof has been approved by all parties whose approval is required, (i/) this Agreement is binding upon TKG and enforceable against it in accordance with its terms; (iii) the persons executing this Agreement on behalf of TRG are duly authorized and are empowered to execute the same for and on behalf of TRG. There are no actions, suits, or proceedings pending or, to the best knowledge of TRG, threatened actions or proceedings before any court or administrative agency that questions or materially adversely affects TRG's ability to perform its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CRA Signed, Sealed and Wimessed Ln the Presence of.' Name of Wimess Printed Above Name of Witness Pr/nted Above BOY'NTON BEACH COMMUNITY , Chair By: <:2ZX:~-_.~~ ' D0ugI~f-/'' r-~tc~s o n, Executive D/rector 5260 6 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledge before me this (~'1~ day of ~_z~' ,2003, by [..~ccc~ ~ Ket~ff6t~ ~t4t[,itPccsoM of the Boynton Beach Community Redevelopment Agency, who is p.e. rsonally known to me ~or who produced , (type of identification) as identification. NOTARY'S SEAL: NOTARY PUBLIC STATE OF FLORIDA (Signature of Notary Taking Acknowledgment) (Name of Acknowledger Typed, Printed or Stamped) Commissic(~) Number TRG Name o'f Witness Printed Above Name of Wqmess Printed Above TRG BO~"JDN BEACH, By:. Z~f~~ LTD., Name: Title: 5261 7 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing ins .tr)~ment was~ acknowledged befpre me th/s .~)~'th day of ]%/f~0'll~r' , 2003, by C/~/z'~ C, J-~C.~J~q as ~k'0l[.E J~6/~///of TRG Boynton Beach, LTD. who is p__ersonally known to me or who produced (type of identification) as identification. NOTAR¥'S SEAL: EXl~ires Augul[2~, 200? I~OYFARY PUBLIC STATE OF FLORIDA (Signature of Notary Taking Acknowledgement) (Name of Acknowledger Typed, Printed or Stamped) ~omr~ssion NUmber: 5262 8 Site Plan of TRG's Project :1 5263 EX.BIT "B" Location of 70 Spaces ia TRG's Garage 5264 EXHIBIT "C" Draw Schedule This Draw Schedule will pay TRG-Boynton Beach, LTD ("TRG') for the construction of 70 parking spaces in the Marina Village structured parking garage. The total payment from the Boynton Beach Community Redevelopment Agency ("CRA") to TRG is $1,050,000. SCHEDULE OF PAYMENTS Payment % of Total Amount Payment To Be Made Upon Number Payment Completion Of.' 1 15% $157,500 TRG receiving a building permit for, I and commencement of construction of, the garage. 2 15% 157,500 30% of the garage 3 15% 157,500 45% of the garage 4 15% 157,500 60% of the garage 5 15% 157,500 75% of the garage 6 15% 157,500 90% of the garage 7 10% 105,000 100% of the garage, and TRG receiving a CO for the garage from the City of Boynton Beach. Total $1,050,000 Each request from TRG to the CRA for a draw payment under this Draw Schedule shall be ~ertified by the architect of record for the garage and verified by the CRA. The CRA shall make payment to TRG within 10 days of the Draw Request being delivered to the CRA. # 1347126 v4 5265 Memo To: From: Date: Re: CRA Board Susan Vielhauer March 29, 2004 Consideration of Facade Grant Application for Colonial Center Condominium Association, Inc. Colonial Center Condominium Association, Inc., which is a Commercial Condominium Association comprised of individual business owners located at 1200 South Federal, FI., has submitted a request for the Facade Grant program. The Colonial Center Condominium Association, Inc. is going to upgrade their lighting for their parking lot. They are planning seven new exterior lamps, including five "shoebox" types and two decorative "luminaries" for the front of their buildings. Upon receipt of three estimates for the lighting project ranging from $30,139 to $69, 825, they have selected the Lectra Living as their Contractor. The estimated timeline for this project is six months. Colonial Center Condominium Association, Inc. will match the $15,000 funding request with $15,139 from a special assessment which each property owner is paying. This grant application complies with the rules and regulation of the Facade Grant program. Staff is recommending the approval of the Facade Grant request for $15,000 for the Colonial Center Condominium Association, Inc. The Budget line item Facade Grants has $6,727 in funds to pay the grant request, however upon CRA Board approval, Staff will request a budget transfer request. 5266 Facade Grant Request for Colonial Center Condominium Association, Inc. April, 11, 2004 Staff: Susan Vielhauer 5267 2002/2003 FACADE IMPROVEMENTS GRANT PROGRAM --'-CEIVEL APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APR 1 1 200z~ BOYNTON BEACH C,R.A APPLICANT INFROMATION Name of. Property Owner: COEONIAL CENTER CONDOMINIUM ASSOCIATION, INC. Address of Property Owner: 1200 - 1260 SOUTH FEDERAL HIGHWAY City/State: BOYNTON BEACH, FLORIDA Zip Code: 33435 Phone # Day: (561) 736-2888 Evening: (561) 704-9685 (Treasure's cell phone) C/O Allen Wm. Martincavage, Sr., Treasurer Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if appficable): A PORTION OF LOT 1, LEE MANOR ISLES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 211, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (SEE ATTACHED). If Different from Property Owner Name of Business: A LIST OF THE BUSINESSES/OWNERS OF THE INDIVIDUAL UNITS THAT COMPRISE OUR COMMERCIAL CONDOMINIUM ASSOCIATION Address of Business: IS ATTACHED. City/State~ SAME AS ABOVE Zip Code: SAME AS ABOVE Phone # Day: SAME AS ABOVE Evening: SAME AS ABOVE Type of Business: A COMMERCIAL CONDOMINIUM ASSOCIATION Years of Operation: 23 YEARS Number of Employees: ~CLOSE TO 100 Annual Payroll: ~ Number of Employees residing in Boynton Beach: x-Condo Association does not have employees, only i-~dependent contractors, but we estimate our owners/business cOm~or~a~o~~l~~e~zens ~o~f.~city residents with payrolls in millions. Facade Grant Program Application Page 1 of 5 Approved 10/8/02 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: ·/Project work write-up(s) describing in detail the scope of the project, · ,/Plans or sketches if applicable, ·/.Site plan and plant list for landscape projects, /'~'hird-party cost estimates from three (3) licensed contractors, · c/Estimated time line, · V E, vidence of financial ability to pay for the project (approved loan, cash /ccount, line of credit, et,c,,.), ,, · VA minimum of four (4) 3' x 5 color "before" photos of the project which must include "public views", · --~. age design with colors & materials proposed if applicable, · .¢Pro, gject color chips / material samples if applicable, · ,A"hd material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) ~~,~°wner'ss/gnaturernustJben°tarized) (Date) Tenant/Business Owner Jb'~oper~., wne./"/ (Date) (Date) ~ As President of '~OLONIAL CENTER ASSOCIATION, INC. CRA Director (Date) 5269 Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Page 4 of 5 Revised 8/6/02 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 4' ~"~¢,/,,t/ ~ 1¢/¢L~'7'O ~' , who is personally known to me or produced I~/~1 as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this / O '7' ~ day of ~ ~ I~ C/¢ ,200~,~ My Commission Expires: 5270 Boynton Beach Community Redevelopment Agency Fa~;ade Grant Program Page 5 of 5 Revised 8/6/02 FROM : FAIRMAN&ASSOCIATES INC, PHONE NO. : 561~62882~ Mar. 03 2004 12:4lAM P2 Colonial Center 1200-1260 S. Federal Hwy. Boynton Beach Florida, 33435 Owner List Bid. #1-120.0-.~.,u_ite 201 Martincavag~ & Heilman LLC Office Phone: (561) 736-2888 Ofl~ce Fax: (561) 736-9612 c-mail: mahilaw~aol.com Office Contact: Diana Hil~man(Owncr) Emergency Contact: Phone: (561) 704-9685 Owner. D;~-- Hileman Phone: (560 703-8094 Bid. #1-1200-SM~ 202/203 Unlve~al Health Communication~ Owne~.._ _l~l~.ia~_W, Inc, 56_1-582-8973 e-mail: Office Contact: N. Papatheodorou Emergency Contact: (S61) Bid. #1-1200-Suit~ 204 Celadon Software Corp. e-mail: Richax'~_~htech~oi~,~e. corn Office Contact: Susan Office Phone; (561) 742-1212 Faxz (561) 742-3232 Emergenc~Contact: Owner Richard Pacana PO Box 812 Boynton Bch Fi 33425 Bmerg~ncy Phone: ($61) $ ! 2-6400 Bl,~ #171200-Suite 207 Mindful Care for Women Paul H.Cramig MD (owner) e-mail: paulhgamig~aol, corn Office Contact: Sandra M. Rua Emergency Contact: Paul H. Oamig Eraergency Phone: (561). 243-8387 Bid. #1-1200-SuiM ~01 Linda Morton CPA e-mail: 11 morton~bellsouth..net Office Conta~: Li~ ~ Offi~ Phone: (561) 740-28~ O~ee F~: (561) 74~2845 Em~en~ Con~: L~ M~n ~one: 561-737-1886 Cell Phone: 951-0041 Bid. #1-1200-Suite 302 EJ Hand Enterprise (owne, ,r EJ Hand TrusO e-mail: Office Contact:, Jack..Whi. sman Office Phone: (561) 731-5177 Office Fax: (56l) 731-5435 Emereea~ Contact: Iack P. Whisman Em~gency Phone: (561) 732-0730 Bid. #1-1200-Suite 303/304/305/306 Newca Service~ Inc. Office Contact: Roger / Shelly Sipp 0~c¢ Phone: (561)-375-9930 Office Fax: c-mail: ~_~eWCOServices.com Emer~,ency Contact: Rogery Sipp (Owner) Owner Phone: (561) 375-9952 5271 FROM : FAIRMAN&ASSOCIATES INC. PHONE NO, : 5613628823 Maw. 03 2004 12:44AM P~ Bid #1-1200-Suite 307 United American Properties D/B/A: Naufica Realty, Inc. Owner: Kathy Gross e-mail: kgro$$100(-Eaoi.co .m. ~ntact: Connie Gon:v~lez Office Phone: ($6I) 734-6397 Office Fax: (561) 7344831 Emergency Contact: Kathy Gross Emergency Phone: (561) 736-7455 BId,.#..2-1260-Suite 1.0.t/102 Traylor, Gratton,Beaumont/Kocieko LLP (owner) Office Contact: Chris M. Currie e-maih ccurri, cf~_,tgbk, com Office Phone: (561) 737-7900 Office Fax: (561) 73%7924 e-mail: rkocielko~'~,bk.com Emergency: Chri~ M. Cuttle Phone: ($6I) 272-3496 BM #2-1260 - S,u',,t~ 201 Cathy Appleton PA (C. Appleton/G. Siddall-owner's) e-mail:Appleton~nova, edu Office Contact: Cathy Appleton Office PhonefFax: (561) 369-3525 Emergency: C. Appleton/G. Siddall Cathy's Cell: (561) 703-2862 George's Cell: (561) 350-8330 Bid. #2-1260-Suite 202 Gentle Medicine Dr. Siraj Siddigi Office Phone: (56I) 737-1317 Office Fax: o-mail: Office Co~tact: Emergency: G. Bataille (owner) Em,rgcamy Phone: (56 I) 638-9357 5272 Bid # 3-I,2.50-Suitel01 Gordon Smith DDS (owner) Office Phone: (561) 732-9727 Office Fax- (561) 736-3644 e-ma/I; Office Contact: Emergency: 561-265-1561 (owner) Bid. # 4-1240-8a~. 1011102 Florida Profe~io~al Business Systems Office Phone: (561) 732-5690 Office Fax: 561-732-2836 e-mail: kamds@bcllsouth.net Office Contact: Markram Kam~I (owner) Emergency: Phone (56I) 732-7259 (owner) B, ld.# ~=1230-$u,',rte 101/102 Brain Matters Dr. Mark Brody (Lessor) Office Contact: Trlein back line 374- 8462 thebrainmatters~juno, eom Office Phone: (561) 736-0015 Office Fax: (561) 736-3991 e-mail: jprovenzano~msn.com Emergency Contact: Owner Dr, Joseph Provonzaao 1921 SW 36* Ave Balmy Bch FI 33~5 Home Phone: 561-495-939 l Bld. ~_1220-$oite I01 Sercas & Sons, Inc. Office Contact: Serqio Casaine, Jr, Office Phone: 561-969-6684 Office Fax: 561-969-6735 e-mail: Emergency: Sea'bdo Cassaine (owns)PO Box 3037 Boynton Bch Fl 33424 And Haydee Casaine: 561-523-1597 Bid. gT- 1210-So_itc 101 Collections & Investigative Resources Office Contact: Roger/Shelly Sipp Office Phone: (561) 375-9930 Office Fax: e-mail: roger~_,ncwcos~_rvices, corn Emergency: Roger/Shelly Sipp (owne0 2 PHONs NO. 03 2004 12:44AH P4 Emergency Phone: (56 I) 3 75-9952 Bid. #7 - 1210 - Su/te 102 Global lnteracth~e ~edia Bruce/Mary Coolffalr (Owner) Office Phone; (561) 733-3628 Office Fax: e~mail: ]gmergeney Phone: Owner (561) 375-9952 Positive Interventions Owner (1210 Parmers c/o Bobbi So 5210 Village Blvd, We~t Palm Beach 33407) (561) 733-8050.fax 19o4 Robert Needle (owner -561)..687-1901) Ogee Contact: D. Koegler K. Aub Emergency: Phone: (56I) 433-171 I Phone: (561) 361-0973 5273 PROJECT WORK WRITE UP 5274 Allen Wm. Martincavage, Sr., Esquire L. Diana Hileman, Esquire MARTINCAYAGE & HILEMAN, P.A. Attorneys at Law Colonial Center 1200 S. Federal Highway · Suite 1-201 · Boynton Beach, Florida 33435 Telephone (561) 736-2888 Facsimile (561) 736-9612 PROJECT SUMMARY Colonial Center Inc. is a Commercial Condominium Association with its complex consisting of several buildings on the waterfront, near the intra-coastal waterway and located just north of Woolbright Road on Federal Highway. Our owners are a diverse group of local professionals and business people, including area doctors, lawyers, accountants, designers, etc. Our Center's facade has a beautiful colonial styled Carribean look to it with working shutters and much beautiful indigenous landscaping. However, the years have taken its toll on our decorative facade lighting, which no longer shows offthe beauty of our architecture and heritage. We have been planning a project which will cndighten our beautiful facade with seven new exterior lamps, including five (5) "shoebox" types and two (2) decorative "luminaires" in front. We invited bids from about a half-dozen local contractors with only three actually submitting bids. We voted unanimously to go with bids from Lectra Lighting, because not only was it the lowest bid but was also the most specific and detailed. Although we have the funds for the project now in our reserves, we are also in the process of specially assessing ourselves for an extra $30,000.00. We are seeking one-half of this cost from the C.KA.. If successful, we will have funds lef~ over to reallocate more for landscaping and other items relating to our exterior appearance. ALLEN WM. MART1NCAVAGE, SR. Secretary/Treasurer/Board Member 5275 MART1NCA VA GE & HILEMAN, P.A. .4TTORNEY$' AT L,4 W ALLEN Y~3I MART1NCAVAGE, SR., ESQ. L. DLd. NA HILEMA3L ESQ. i'aralegals BAImARA GOLDMAN RITA ROSEN NICOLE A. IV~ALE'Y COLONIAL CENTER-SUITE 1-201 1200 $OUT~ FEDERAL FIIGHYFAY BOYNTON BEACH, FLORIDA 33435-604.; Telephone (561) 736-2888 Fax (561) 736-9612 Electronic Ma/l: AMAR TINCAV(~%O L. COM Website: MARTINCAVAGE.COM April 12, 2004 Attention: Susan Vielhauer BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 East Ocean Avenue Boynton Beach, Florida 33435 RE: FACADE GRANT PROGRAM __ Dear Ms._yielhauer: As per our discussion, I represent the Colonial Center Association, Inc., as their treasurer, and as a member of their Board of Directors. As a condominium association in Boynton's commercial district, our association is comprised of numerous businesses and professional practices including; Doctors, Lawyers, Accountants, Dentists, P.~c~ologists, etc.,-employing-many cit~y--_r~-sidents. Many a~ owner, such as myself, also live in our city. As a commercial association we always strive to maintain a high standard of appearance. Now, our exterior lighting is in need of replacement and a new look. The lighting system our board chose with our members approval include a very beautiful aesthetic appearance for those units that are most visible. The less visible lighting units will provide excellent facade lighting to help show off our centers beautiful appearance at night, in addition to providing security for our business owners, employees and patrons. Our Declaration of Condominium is a matter of public records filed in the Official Records of Palm Beach County. Therefore, in the interest of preserving trees I have not made multiple copies of this massive document. Instead I have included one copy in our master application and will make other's available upon request. 5276 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY March 11, 2004 Page: two As required in your project information guidelines, we are including the following documentation in each of the eight (8) packages of application and attachments; Written Specifications for each of the lighting units with pictures. 2. Site Plan. Third Party cost estimate/bids from three (3) different licensed electrical contractors. o Our estimated time line is six (6) months, or less, from time of Grant approval, optimally several months. o Evidence of our financial ability to pay for our project including: A copy of our Balance Sheet and Annual Budget demonstrating our fiscal integrity; our reserves and funds currently on deposit; our Resolution imposing a special assessment. Eleven (11) "before" photographs of public view of our commercial condominium. o Material specifications are included in our written specification, above listed as item #1. o Signage and color information is presumably inapplicable. Glass lights are of course transparent and translucent, and all metal will be painted black, or natural metal color. We hope the C.R.A. will be able to help our condominium association. If the grant is approved it would free up funds toward other outdoor projects, such as replanting our landscaping. Thank you for your anticipated cooperation. Yours ~,~ Allen Wm. Martincavage, Sr., Esq. AWM:rr Enclosures: as stated 5277 PLANS AND / OR SKETCHES 5278 FEATURES & SPECIRCATION$ CON~U~ON-- ~udid, ofl.-uiefl ilum~. O. IW ~ur ~ x I1" anchor ~ w~ dOU~O ~ tM wuh~h fllct~ Gombined w~ tpufl IlUm~ Ifl~b~ daft ~tlflddfli Iowgr ~1~ ~ fl~lnum lo.gte qulck-dilcoflM~ plug aM Ire I=~Mi ~mugh b~ ~rcelain. vi~cafly~le~d, m~Jum4,1s pullFr~d U~N6 ~ UL ITI~ ~r w~ Io~ldonl, UW led libeled Con.lift hqdar~ isle o~ona], ,% I _ IlL I ORDERING INFORMATION KBAI lOOM LYTB ~R LPI Ad'ohiteoturel BOflm'ds KBA8 High Pressure' 8odium MtTM HaTlde lncendlloent Weight; 2~.1~.9 Exampte: KBAISO8 ~t20~DDB 1,ooM I __ n.flw°' I TOW HPI Itl 1Wi V dlttflbdOn ltl 1~ MH C~ ~tt ~ek OR LPI _Op.o., g Slfllk ~le {1~ fiT. MW on~, 3~dl~d C.Io~ I~l~i W TBI FD fietoofl ~.t Oil ll~ofll FO 8roufld.ll~ fe~o~n XT oi;~ (IMIndgiGin( ~1~ Oil S~d ba ~ ~M ud lebmd ~ ~ Clfll~ln Btlndirdi '(t~, I~lpltgI ~,~7V o~t IDOl Dirk bron~ SOWK White IOlk lAM TAn~, IrNn Il J l Outdoor Sheet#; KBAS-$1M/I 106 5279 A21 Luminaires A21 D 528O SPECIFICATIONS DESCRIPTION The acorn styled luminaire shall consist of a decorative luminaire base with an integral globe holder/ballast housing and an acorn shaped globe, DIMENSIONS Fixture dimensions shall be as detailed on back page. MA~RIAL~ The luminaire base, ballast housing and globe holder shall b~ heavy wall, copper free, cast aluminum produced from certi- fied ASTM 356.1 ingot per ASTM B-179-95A or ASTM B26-95, formed flue to the paffern with complete detail. Globe material shall be clear textured acrylic (standard) with clear textured polycarbonate or white tex- tured polycarbonate as options. Internal refractors shall be borosilicate glass and reflectors shall be polished aluminum. Optional finial shall be cast aluminum, metal top is spun aluminum and decora- tive banding is brass. All hardware shall be stainless steel. All exterior hardware shall be tamper resistant. INSTALLATION The luminaire shall mount on a 3" O.D. x 3" tenon with six 1/4" dia. socket set screws. (Luminaires with a B Series lumlnaire base shall mount on a 8.25" O.D. ring.) The globe shall be secured to the luminaire by four 1/4" dia. socket set screws. The ballast and socket assembly shall be furnished with a quick disconnect plug and mount on a removable ballast plate. The ballast plate shall be removed by loos- ening a thumb screw. FINISH For finish specifications and color options see "Finish" section in catalog. LIGHT SOURC~ Luminaires shall be furnished with an H,I,D, ballast and socket assembly. Luminaire shall be UL listed and labeled as suitable for wet locations. Sockets shall be glazed porcelain, mogul or medium base, with a copper alloy nickel plated screw shell and center contact. Ballast shall be core and coil, high power factor, regulating type. CERTIFICATION Upon request, manufacturer shall certify the use of 356.1 ingot alloy. Upon request, manufacturer shall supply UL file# and listing information. sAtNT!QUE {eet Lamps 2gl 1-B AL I'~"~::erg I.n.*Aust~ 1X~/8758 Ph (512~ 977-8~1~- Fax (512) 9779622 £-1 .. _ III _ -- I _ I Illl I - I I II I .-) $~ gerle. 7OO ~erlee 1{MO 8arMs 1200 9erioe · 2 3/~' tenon forl~ ~n~d J~l~m I~inaJro ~ch · 1 ~ n~ gmmmet~ feet ~1~ gmu~ · a~ll,m~ gray, ~a~ a~ whi~ 5281 t'/.IIIB LP i'tll//// FEATURES'& 8iqicIFICA'i:ION8 Cor~f ~l gang su~s ~ ~ ~-dtM.eal. Mh eopW m~. niM,~Jmd xmw ~fg ~ cl~mr c~ Ind 2~ ~(~ e~.~ 8tWA a~on~ INSTA~ON-- ~d,d i~m~m im~l~d ~le. ~om~m~,~ U~NG-- UL U~d m U8 ~d C~llq l~ mMPi be. O~OM). ~ ..... KYF 40OM _~YFL Tn ,~PO,~ T1O.IOO LPI [~ Sq.Jira: II.5 0,~ l~ ~,S) ~ Jonah; ! Wll6~ ~ [~ (~ kgJ All dlmifliroM I~ ~ch. ~fl~AIZP I 7 ORt)ERIl O INFORMATION T30.IO0 LPi Option. ....... Ikll~dd IndMid la PlO. ICWA I~CW~Fulli~lhkt Lift Lump NOM NOM ~e.d KVF 4QOM ASyIIL' KVF J KVF 3~M XVP ~eN KVF dOOM IM 710Id 4a~ Wilt Wi~ brlokat lie' .rn~ ' G'T I~01~ TIs K~ ~ Am {,~ ~ . Ol~rlbudofl ~DL ~mi~le jqu~m. drop Imfll IO[l ' " ~Ot NOTES; Olll (IW1 l#l fill and la~ed M co~ly ~ o~ bd t~ FAOL ~ Crew e~m~vm. ~ Ifil ~. fl n~dMV, dm~ ~t T~. III AJ~m~, ~p trna Type J~ AW~I~C. ff~ IIAI ~ or mo~ lu~m ~ ,. 5282 5283 I IIIIIiIIIPLP tEAC] THREE WRITTEN ESTIMATES 5284 FAIRMAN&ASSOCIATES INC. PHONE Colonial Center Assodation Inc, Cio Fairman & Associates Inc. 4281 NW 1~* Ave Boca Raton, FI 33431 561-362-7224 561-362-8823 Fax NO. : 5613628823 Apr. 08 2004 10:55PM P2 Fax Cover Tm Allen Marti~e Fax Number: $61-736-9612 Pages Including Cover: 2 From: Peter Date: 4/8/04 Re: Ughting Project Bid Summary for CRA 5285 FROM : FAIRMAN&ASSOCIATES INC. PHONE NO. : 561~628823 Colonial Center Lighting Project Bid Summary 08 200~ 10:56PM P2 Contract. or Lectra Living Russell B. Jennings Lighting Management Bid A .mount $28,704.21 $42,275.00 $66,500.00 Supervision F, ee $1,435.21 $2,113.75 $3,32S.00 Total $3o,139.42 $44,388.75 $69,825.00 All bids are based on the same spedfication_s_for the fixtures ancl scope of_work_. __ 5286 Lectra Living, inc. Eiecbical Contractors ~ Since 1978 - Share License ~ EC-0002383 2195 N. Andrews Ay. ExL - Pompano I~ach, Fi 33069 - (954) 972-3800//F~ (954) 971-9782 06/10/03 Mr. Bill Fairman Fairman & Associates 4281 N.W. 1 st Ave. Boca Raton, Fl. 33431 RE: Colonial Office Park Boynton Beach, Fi. Price for site Lighting improvement as follows; 1) Provide and install (5) new direct burial fiberglass poles, 20' mounting height, with (5) 400w. metal halide vertical lamp fixtures. __ 2) Pro__vide and-install (2)-new direct burial decorative fiberglass poles at_entry, ~ mounting height, with (2) 175w. metal halide "AcZ--m" style period fixtures. 3) Provide and install (3) 100w. metal halide louvered bolla_rd fixtures at dock area. 4) Price includes trenching, conduit, and wire to connect new poles and bollards to existing lighting circuits. 5) Price includes wind load calculations. 6) Price includes freight. 7) Price includes "Point by Point" drawings. 8) Price does not include permit fees. 9) Price does not include demolition or repair of existing lighting system not directly associated with installation of new equipment. PRICE $ 23,784.21 Bill, I would like to provide an explanation of the above quotation regarding fixture clxoices and locations. The 400w. metal halide fixtures incorporate a vertical lamp design for improved light output along with a domed top / flat lens design which prevents the tip of the lamp from causing unwanted glare. This allows the l]xture to be rated as "Dark Sky Compliant". This, along with keeping the three poles on the north side of the property close to the buildings, will prevent complaints from the adjacent residential area. Keeping with the same idea, the bo[lards along the dock area will provide adequate security and walkway lighting without producing unwanted glare along the canal. The two decorative fixtures at the entrance will illuminate the driveway and also provide an attractive appearance. The pole heights were chosen to ensure that the fixtures would remain below (1) 5287 the canopy level of the trees. I visited the site to determine the extent of viable circuits at the required locations and found that although some of the conduit and c/rcuitry is useable, much of the wiring has fallen into a state of disrepair. Broken conduits, junction boxes, and receptacles can present a safety hazard if not repaired or removed. The ex/sting lighting seems to be non-functional and badly damaged. These issues should be addressed regardless of any improvements in site lighting. The price above is based on reusing the existing conduit and to a certain extent, the wiring within. The existing conduit, being PVC, should allow the replacement of the conductors, avoiding the need to cut pavement. Please call [fyou have any questions, or [fi can be of farther assistance. Thank you. Paul F. Dorencz Director of Field Operations (2) 5288 / I c ra Lmng inc. -~.~ ffJectzlcal Conb'actom ~ S/nee 197~ - 5ta~e Lk;ena~ · EC-(X)02,~83 , ,i9 2/2?/O4 Mr. gilt Fairman Feirman & Associates 42111 N.W. Is! Ave. Boca I~ion, Fl. 3343 Price for rJew garage lighting for Colonial Office Park as follows; 1) Provide and imtall (22) new ceiling mount fix'tu~s, Harriss #1200-OW.2L13PL.NPF. 120v-LP, wi~h (2) PL-13 lamps each, in pla** ofexistint fxxturas, These fixture~ v,~ql be as clom a rrmtch to the e~i.~ ~:ures as is l~ssible. 2) Provide and inst~II (7) new LED cxit ~.x-mr~ in plar~ ofe~"dng. Price includes lamps, imtallallon, and' freight. Permit fe~s, ifappEe~bl¢, not included. Allow 2-4 -~v~I~-delive~ 't~Harri~x-f'mttites. _ PR/CE $ 4,920.00 Plea~ ~11 ifyou have ~y questiom, or ffI can be of further ~$istance. Thank you. 1 F. Domncz r-"- ! .... Director of Field Operations 5289 .... PROPOS,~L .................... LIGHTrNG .MANAGEMENT CO., INC. P. O. BOX 236~0 FORT LAUDERDALE, FLORIDA 33307 PHONE; 954-942-4223 FAX: 954-942~223 DATE: PROPOSAL SUBMITTED TO: ADDRESS: M~rch 29, 2004 F~'m,m & Assoc[~te~, Inc. A~tent~on: Vincc Ouglluzz~ 4281N'W lrst Av~nu~ l~ca Raton, Fl. 33431 SUB. CT: Lighting Installation at Colonial Center we ]m'~by submit si:~eiae~tio~s ~d e~Trm~ for:. Lighting ofp~ug lot ~ p~r plax~ submitted, Lucludes k~.ses, permits, tr~cking and imst~tion o£pol~ ~d fixtures u depicted on plens. This propos~l ~ includes the 5ghti~ upgrades d~cu~s~I for the p-~,~g gs~'~g-.. -Price: Terns: I4nlf on pole delivery B~l~nce upon completion. ~ __~_~ axe ~0~y and are ~y ac~pt~l. You ~e auti~ti~ed to DATE O1~ ACCI~TANC~: 5zo~wr~ Michael T. Clifton 8JON'ATURE. 5290 RU~.:EL_ ~ .TEFII'i:NGS PNGI~.~ i'!C, : pp~pp~p~F' '~'a.-, 5:. 2Z'Z_z. '¥ ':'d--'--:' ...... F~OM : '~""' ' ~ ~ RUSSELL B. JF..NNINGS, INC, 2703 N DIXIE HWY DELP, AY 8EAOH, FL 3:~183 ~1-27~472 FAA: ~1-276-6454 0A002~11 EC0(X31 Prior'al No.: March 31 4281 N.~. !;t, Ave. Boca Aaron, Fi. 33¢31 WE PROPOSE THE Job kO~: ~200 ~deral Ewy Boynton Be~ck, Job N!!l and 3- 20' f=ber~lass 'direct jpole$ w. Metal F~'[ds vertical fixtures. ~1!i furnish and t~tai1 2 d!rec: burial decorative fiberg!as~ pole~ at ent~v ~ith 2 175w, ~a! ~iide ~]['~tures. Will a~o furnish end ~nsCall 3 IOOw Me:al ~lide ~llamd fi,~tures ar dock area. ~ri~ l .... udes ail necessary Creuching, condui:, and wiriag ~o =base new,.~ie~.Thiz will a!=o .nc~ude 2~ c(t~pac~ flou~s~..!i~= f~cures toreplace 6xisting ilgh= ~tures ~n garm~ as . well as"7 new LSD light fi~f~. '~ce i~l~es~erm!C as well as ne.casady wino' load calculations. $rice dom not include removal of exiatin~, itgh=ing ~la system. Job Cost for Pr~-,o.sal $42,275.00 I AOCEPTANCE_OP PROPOSAL. .,, F " ,, CUENT COPY' TO S~ RETURNED WI~ ~'~t~NO~ Da~e 5291 TIME LINE 5292 TIME LINE Our estimated time line is est/mated to be no more than six (6) months from time of grant approval in keeping with the grant's project's parameters. Optimally, our project should be completed in several months or less. 5293 FINANCIAL ABILITY TO PAY 5294 5112 N OCEAN BLVD OCEAN RIDGE FL 33435 DATE: 02/27/04 PAUL: 1' ACCOUNT: 55002653 DOCUMENTS: 20 TELEPHONE:561-330-9559 COLONIAL CENTER ASSOCIATION 4281 NW 1ST AVENUE BOCA RATON FL 33431 Ii, RECEIVED 1 MAR ,t - 2004 ******FUNDS AVAILABILITY DISCLOSURE CHANGE EFFECTIVE MARCH 13,2004 ****** CHECKS WITH ROUTING NUMBERS BEGINNING WITH 0630 2630,0631,2631,0632 OR 2632 WILL BE CONSIDERED "LOCAL CHECKS" AS DEFINED IN "YOUR ABILITY TO ___WIT~Q__~W FUNDS" SECTION OF THE "YOUR DE~OSIT_2~GCOUNT" BROCHURE COMMERCIAL INT CKING ACCOUNT 55002653 MINIMUM' BALANCE AVG AVAILABLE B~_LAiqCE AVERAGE BALANCE 15,644.64 LAST STATEMENT 01/30/04 17,883. 17,999.23 9 CREDITS 5,667.8~ 18,444.24 13 DEBITS 7,266.16 THIS STATEMENT 02/27/04 16,285.47 DEPOSITS REF # ..... DATE ...... AMOUNT REF % ..... DATE ...... AMOUNT REF % ..... DATE ...... AMOUNT 02/04 716.64 02/10 338.41 02/20 968.46 02/04 1,982.00 02/13 516.62 02/26 341.19 02/05 118.55 02/17 682.54 OTHER CREDITS DESCRIPTION DATE AMOUNT INTEREST 02/27 3.45 CHECK #..DATE ...... AMOUNT 1155 02/05 50.00 1156 02/19 123.31 1157 02/17 553.01 1158 02/20 90.00 CHECKS CHECK %..DATE ...... AMOUNT 1159 02/17 2,495.00 1160 02/17 1,286.55 1161'02/27 11.70 1163 02/17 178.16 CHECK #..DATE ...... AMOUNT 1164 02/20 400.00 1165 02/19 491.38 1166 02/17 150.96 1167 02/24 170.57 (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE DESCRIPTION CNA ACH PREM-PYMT 0121441039 OTHER DEBITS CONTINUED 5295 DATE AMOUNT 02/13 1,265 '. POINT~ BANK - OCEAN RIDGE 5112 N OCEAN BLVD OCEAN RIDGE FL 33435 DATE: 02/27/04 TELEPHONE:561-330-9559 COLONIAL CENTER ASSOCIATION PAGE: ACCOUNT: DOCUMENTS: 550026 COMMERCIAL INT CKING ACCOUNT 55002653 AVERAGE LEDGER BALANCE: AVERAGE AVAILABLE BALANCE: INTEREST PAID THIS PERIOD: INTEREST PAID 2004: INTEREST PAID 2003: DATE ........... BALANCE 02/04 20,582.41 02/05 20,650.96 - - ~'2 / ] 0 -- 2 CLT'--9:8:-9 .-37---- 02/13 20,240.47 INTEREST 18,444.24 17,999.23 3.45 7.49 44.52 INTEREST EARNED: 3.45 DAYS IN PERIOD: 28 ANNUAL PERCENTAGE YIELD EARNED: .25 DAILY BALANCE DATE ........... BALANCE 02/17 16,259.33 02/19 15,644.64 --02/20~ ~ 16,-1-23-. 10 02/24 15,952.53 DATE ........... BALANCE 02/26 16,293.72 _ 02/2.7 16, 28_5.47 5296 PO.~lq~F~ BkN~ - OC, F',i~.~ RZDG~, 5112 N OCEAN BLVD OCEAN RIDGE FL 33435 DATE: 02/27/04 ACCOUNT: 55002711 DOCUMENTS: 0 TELEPHONE:561-330-9559 COLONIAL CENTER ASSOCIATION 4281 NW 1ST AVENUE BOCA RATON FL 33431 ******FUNDS AVAI~n~ILITY DISCLOSURE CHANGE EFFECTIVE FLARCH 13,2004 ****** CHECKS WITH ROUTING NUMBERS BEGINNING WITH 0630 2630,0631,2631,0632 OR 2632 WILL BE CONSIDERED "LOCAL CHECKS" AS DEFINED IN "YOUR ABILITY TO WITHDRAW FUNDS" SECTION OF THE "YOUR DEPOSIT ACCOUNT" BROCHURE BUSINESS MONEY MKT ACCOUNT 55002711 MINIM73-M BALANCE AVG AVAILABLE BALA/qCE AVERAGE BAJ. JkNCE 24,908.42 24,908.42 24,908.42 LAST STATEMENT 01/30/04 1 CREDITS DEBITS THIS STATEMENT 02/27/04 24,908.42 14.33 .00 24,922 . 75 __6z s c Rr~T~ON-- - INTEREST OTHER CREDITS DATE 02/27 -Al~OUNT-- 14.33 INTEREST AVEtLAGE LEDGER BALANCE: AVERAGE AVAILABLE BALANCE: INTEREST PAID THIS PERIOD: INTEREST PAID 2004: INTEREST PAID 2003: 24,908.42 24,908.42 14.33 29.68 133.54 INTEREST EARNED: 14.33 DAYS IN PERIOD: 28 ANNUAL PERCENTAGE YIELD EARNED: .75% DAT.E ........... BALA/gCE 02/27 24,922.75 DAILY BALA/qCE DATE ........... B~_LANCE DATE ......... ;.BALANCE 5297 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATIO¢-~ - , ~.< Printed: 03,/11/04 , Page 1 BALANCE SItEET February 2004 Prepared For Property: Colonial Center Association Fairman & Associates, Inc. 1150 120{3 1000 1020 Prepaid Insurance Deposits, Electricity Cash - Operating (Pointe Bank) Cash - Money Market (Poi.ate) Subtotal - Subtotal - Operating Funds Subtotal - Reserve Funds Total Assets 2000 2130 2210 2220 2230 2240 2250 Accounts Payable Sales Tax Payable Reserve Liability = Elevators Reserve Liability-Interest Reserve Liability-Painting/Bid Reserve Liability-Paving/Seawa Reserve Liability-Roof Subtotal - Current Liabilities Subtotal - Long Term Liabilities 3000 3010 3999 Retained Earnings Owner's Equity Current Year Earnings/Loss Total Liabilities Total Capital Total Liabilities plus Capital 10,053.54 25.00 10,078.54 13,793.16 13,793.16 24,913.80 24,913.80 48,785.50 6,550.25 (2.29) 6,547.96 19,613.83 367.89 11,191.54 9,421.07 34,674.36 75,268.69 81,816.65 (39,751.37) '-~ 10,532.54 (3,812.32) (33,031.15) 48,785.50 5298 I Printed.: 03/11/04 OPERATING STATEMENT Febnlary 2004 Prepared For Property: Colonial Center Association Owner: Colonial Center Association, Inc. Fairman & Associates, Inc. Page 1 Income 4200 4O00 4020 4100 4160 4990 Special Assessment Income Current Monttt Actual Budget Variance ($) Actual Year To Date Budget Va_dance ($) 961.62 0.00 961.62 961.62 0.00 961.62 Owners Assessments 5,628.79 8,993.80 (3,365.01) 14,273.76 17,987.60 (3,713.84) Dock Rental 200.00 200.00 0.00 400.00 400.00 0.00 Late Fee Income 0.00 0.00 0.00 22.30 0.00 22.30 Interest Income 17.78 0.00 17.78 37.17 0.00 37.17 Other Income 0.30 0.00 0.30 0.60 0.00 0.60 TOTAL INCOM~ 6,808.49 9,193.80 (2,385.31) 15,695.45 18,387.60 (2,692.15) 140.00 0.00 100.70 ::.85(L00=-~-: 0.00 0.00 0.00 539.50 166.67 EXl~llSes 5070 License/Permits/Fees 5215 Landscape Extras 5270 Pest Control 5435 RoofR__epairs . ~ -5445 Irrigation 5450 Tree Stump Removal 5460 Electrical Repairs 5470 Parking Lot Repairs 6150 Reserve - Seawall/Paving 8.34 666.68 607.50 g~32 333.32 433.32 83.32 41.66 166.68 5010 Management Fees 5020 Year End Tax Preparation 5030 Office Expense 5040 Legal Fees 5060 Taxes 5210 Lawn Maintenance 5220 Elevator Maintenance 5230 Trash Removal 5240 Fire Alarm Monitoring 5250 Insurance 5260 Grounds Cleaning 5410 Tree Trimming 5420 Supplies 5430 General Repairs 5610 Water & Sewer 5620 FP&L 5630 Telephone 61 I0. Reserve - Roof 6120 Reserve - Painting 6140 Reserve - Elevator 90.00 4.17 85.83 0.00 333.34 (333.34) 0.00 303.75 (303.75) -- 850.00 __ 41.66 8~8.~---~ 0.00 166.66 (166.66) 0.00 216.66 (216.66) 0.00 41.66 (41.66) 539.50 20.83 518.67 83.34 83.34 0.00 131.66 (666.68) (506.80) --766.68 (333.32) (433.32) (83.32) 497.84 850.00 850.00 0.00 1,700.00 1,700.00 0.00 0,00 58.33 (58.33) 0.00 116.66 (116.66) 40.65 41.66 (1.01) 77.85 83.32 (5.47) 61.25 62.50 (l.25) 186.25 125.00 61.25 0.00 8.33 (8.33) 0.00 16.66 (16.66) 400.00 500.00 (100.00) 800.00 1,000.00 (200.00) 491.38 125.00 366.38 645.56 250.00 395.56 417.94 0.00 417.94 835.88 0.00 835.88 600.96 83.34 517.62 600.96 166.68 434.28 1,265.52 1,500.00 (234.48) 2,531.08 3,000.00 (468.92) 553.01 416.67 136.34 817.01 833.34 (16.33) 0.00 341.66 (341.66) 0.00 o 683.32 (683.32) 62.93 125.00 (62.07) 81.13 250.00 (168.87) 3,036.02 1,166.66 1,869.36 3,107.72 2,333.32 774.40 1,274.14 833.34 440.80 4~12.80 1,666.68 2,546.12 178.16 250.00 (71.84) 363.95 500.00 (136.05) 123.31 41.67 81.64 250.73 83.34 167.39 833.34 833.34 0.00 1,666.67 1,666.68 (0.01) 666.67 666.67 0.00 1,333.33 1,333.34 (0.01) 83.34 83.34 0.00 166.67 166.68 (0.0I) TOTAL EXPENSES NET OPERATING INCOME 12,501.46 9,199.58 3,30t.88 21,174.46 18,399.16 2,775.30 (5,692.97) (5.78) (5,687.19) (5,479.01) (11.56) (5,467.45) 5299 CORPORATE RESOLUTION OF TIlE COLONIAL CENTER ASSOCIATION, INC. BE IT RESOLVED this 10* day of March, 2004, A_D. a meeting of the duly elected Board of Directors was held after appropriate notice to all members, at 12:15 p.m. in Unit 201 of Building 1260 of this condominium, known as Colonial Center Association, Inc. At the aforesaid date, time and place, a Special Assessment in the amount of $30,000.000, allocated toward both decorative and: functional outdoor facade and grounds lighting, was unanimously approved by the Board of Directors, pursuant to the powers contained in the bylaws under Article Vll, Subsection 7. I(B); said by-laws having been lawfully enacted pursuant to Article IX of the Articles of Incorporation of Colonial Center Association, Inc., all as recorded in the Public Records of Palm Beach County as part of the declaration of condominium as recorded November 18,1981, at 9:24 a.m. in Official Kecord Book 3630 at page Number 316 et. seq. under file No. 81- 197809 of the Clerk of Palm Beach County. Florida; it being further noted that the vote of the Directors was made after a straw poll of the membership overwhelmingly confirmed this action the Board of Directors was considering. CA~ Director ROGER SIPP{JDCector LI2xI~A MORTON, DireCtor The afore going adopted this 10t~ day of March, 2004. ~f~,,," ' /~was so Approved: i~..C/ .~56C,~ CATHY A21/~ ~TO' ~/. [ ~Teside~t ~ 5300 COLOR PHOTOGRAPHS 5301 ,1 The Light Poles on either side of the drive will be replaced. 5302 -;2 Lights will be replaced, where missin: Replace Fixtures with new fixtures 5303 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Budget Transfer for Facade Grant Request DATE: May 3, 2004 Upon approval of the Fa~:ade Grant for Colonial Center Condominium Association, Inc., staff is requesting a budget transfer of $8,273 to cover the remaining balance for the grant. The Budget Transfer request is attached. 5304 BUDGET TRANSFER REQUEST To: CRA Board From: CRA Staff Date: May 04, 2004 ~ ~ * Budget Data Only Adjustment Resulting Present Increase Adjusted Number Description Budget (Decrease). Budget EXPENSES 2 Fa~:ade Grant 50,000 8,273 58,273 3 Reserve Before Debt Issuance (441,601) (8,273) (449,874) ' Use Whole Dollars Only Controller: CRA Director: 5305 Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Task for Appraisal Phase I of the MLK Land Acquisition. April 30, 2004 Review Services Order for The Urban Group has received and forwarded to Staff four quotes ranging between $13,800 and $34,500. These quotes reflect "a not-to-exceed-fee" for the review of appraisals in MLK Phase I CRA Acquisition Task. This review process is part of HUD's Uniform Relocation Act requirement. While all of the property owners are entitled to an appraisal and an appraisal review under the Uniform Relocation Act, they also have the right to waive the process in which case the appraisal review fee would not be incurred by the CRA. Staff brings forth this item for Board consideration because the lowest bid is $13,800 and exceeds both the CRA Director's purchasing limit under the CRA Purchasing Policy and the amount granted by the CRA Board to Mr. Dale Sugerman (The City's coordinator for the CRA acquisitions). The task order has been attached for your review. This element must be in place to move forward with acquisitions. 53O6 April 27, 2004 Mr. Dale S. Sugerman Assistant City Manager The City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 RE: Task Authorization No. CRA03-02 (Heart of Boynton) - Appraisal Review Dear Mr. Sugerman: We have requested and received quotes from four (4) appraisers for reviewing appraisals on the above referenced project. All appraisers have review and Florida Department of Transportation (FDO'I') experience. The review quotes are as follows: APPRAZSER FIRM &LOCAT[ON (~UOTE Robert T. Hinton/MAZ~ Hinton & Assoc.~ Inc.~ Ft. Lauderdale~ FL $13~800.00 Mendel Westberry~ MAI Gallion Wilson~ L.L.C.~ Ft. Lauderdale~ FL ~20~100.00 Mr. Bill Brannum~ GAA Boyd~ Schmidt & Brannum~ West Palm Beach~ FL $28~150.00 ,lohn T. Hagan~ MAZ~ John Hagan Assoc.~ Inc.~ Plantation~ FL ~;34~500.00 All appraisal firms had similar qualifications and turn-around times. Therefore, based on the lowest quote, we are recommending Robert T. Hinton, MA[ for this assignment. Please acknowledge your approval of Mr. Hinton and his quote, and we will issue a notice to proceed. If you have any questions regarding this letter, or if I can be of any assistance to you, please call me at (954) 522-6226, extension 177. Sincerely, THE URBAN GROUP~ 1'NC. Barry S. Lazarus Project Manager BSL/fr cc: Howard Steinholz, The Urban Group, Inc. Virginia Mammone, The Urban Group, Inc. t~The U~ban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com 5307 X. Commission Action · Approval of first reading of the MU-L and MU-H revised ordinance. · Granted Mariners Way relief from set back requirements. Any person who decides to appeal any decision of the Community Kedevelopment 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. 5308 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportu~ty to pa~cipate in and enjoy the benefits o£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 5309 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xll. Legal 5310 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at th/s 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 auxihary 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 Hutckinson at 561-737-3256 at least twenty-four hours prior to the program or activity m order for the CRA to reasonably accommodate your request. XIII. Other Items 5311 A_ny 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 auxihary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and enjoy the benefits of a'service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. x v. Future Agenda Items A. Consideration of Joint Venture for CBD Parking Spaces (June). B. Consideration of Contact for Police Pilot Program in the CRA Boundaries (June). C. Consideration of Pilot Program for Trolley (June). D. Consideration of Web site (June). E. Consideration of Annual Report (June). F. Consideration of the Promenade at Boynton Beach Site Plan Approval G. Budget Workshop (June & July). 5312 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 opporturfity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xv. Adjournment. 5313 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.