Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 07-13-04
III. IV. COMMUNITY REDEVELOPMENT AGENCY Tuesday, July 13, 2004 Commission Chambers Boynton Beach 6:30 P.M. Additions, Deletions, Corrections to the Agenda. Adoption of Agenda. June 8~ Meeting, Call to Order. Roll Call. Agenda Approval. A. B. Consent Agenda 5446 A. Approval of Minutes of Meeting 5447 B. Financial Report. C. D. G. 5478 June 17th Workshop and June 25th Consideration of Budget Transfer Request. 5493 Consideration of Fagade Grant Extension for St. Mark Church. 5496 Consideration of Mass Modeling Extension from 60 to 180 days for Reelization, Inc. Special 5498 V. Public Audience 5502 VI. Public Hearing 5503 Old Business Annexation 5438 Any person who decides to appeal any decision of the Commllllity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and fol' 811ch pllrpo~ may need to ensure that a v¢ffoafim record of the proc~dings 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 sendces 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 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. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Waterside (ANNEX 04-002) Tabled June 9th 5504 Carlos Ballbe, Keith & Ballbe, Inc. Hector. Garcia, Southern Homes of Palm Beach, LLC East side of South Federal Highway, between Palmer Road and Chukker Road Request to annex 7.29 acres of property in connection with the request to build 113 fee-simple townhomes and related site improvements. Land Use Plan Amendment/Rezoning 1. PROJECT: AGENT: Waterside (LUAR 04-002) Tabled June 9ta 5505 OWNER: Carlos Ballbe, Keith & Ballbe, Inc. C. New Site Plan Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Road and Chukker Road DESCRIPTION: Request to amend the Comprehensive Plan Future Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential; and Request to rezone fi~om General Commercial (Palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple townhomes and related site improvements. 1. PROJECT: Waterside (NWSP 04-003) Tabled June 9m 5506 AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC 5439 Any person who decides to appeal any dec/sion 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 flemish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equ~ opportunity to pam'cipate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. LOCATION: DESCRIPTION: East side of South Federal Highway, between Palmer Road and Chukker Road Request for new site plan approval for 113 fee-simple townhomes and related site improvements on a 7.29-acre parcel in a proposed IPUD zoning district. Code Review 1. PROJECT: OWNER: DESCRIPTION: New Business Abandonment 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: IPUD (CDRV 04-005) 5507 City-initiated Request to amend the Land development Regulations, Chapter 2 Zoning, Section 5. L. Infill Planned Unit Development, providing additional standards for building design, usable open space and compatibility with surrounding development. Boynton Seafood (AllAN 04-002) 5508 Jim Hanson Jim Hanson and Carter Logan 1022 North Federal Highway Request for abandonment of a portion of a 20-foot wide alley lying east of lots 20, 21 and 22, and west of lot 19 in Block 3, Lake addition to Boynton subdivision. 2. PROJECT: Lake Drive North (ABAN 04-003) 5509 AGENT: Rodney Regan OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North 5440 Any person who decides to appeal any decision of the Community Redevelopment Board with resp~ to any matter considered at this meeting will need a record of the proceedings and for such pulpose 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 fihmish appropriate auxiliary aids and services where necessary to afford an individual with a disability an.equal opportunity to participate in and enjoy the benefits of a service, program; or activity conducted by the CRA. Please contact Douglas Hutchin~n at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. DESCRIPTION: PROJECT: AGENT: LOCATION: DESCRIPTION: Request for abandonment of the north 4.2-foot wide walk easemem in Lakeside Gardens subdivision. NW 8m Avenue (ABAN 03-011) 5510 City-initiated Approximately 400 feet west of Seacrest Boulevard between lots I54 and 155 of Block "C", and lots 154 and 155 of Block "D", Boymon Hills subdivision. Request for abandonment of a portion of an unimproved, 50-foot wide road right-of-way for NW 8th Avenue, adjacent to lots 154 and 155 Block C, Boymon Hills subdivision. C. Comprehensive Plan Text Amendment 1. PROJECT: Comprehensive Plan Text Amendments (CPTA 04-004) Figure 4-Functional Classification Of Roadway Map 5511 OWNER: City-initiated DESCRIPTION: Request to update Transportation Element data & analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors. 2. PROJECT: Transportation Concurrency Exception Area (TCEA) (CPTA 04-003) 5512 OWNER: City-initiated DESCRIPTION: Request to amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as a Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA~ D. Rezoning 1. PROJECT: The Promenade 01EZN 04-002) 5513 AGENT: Weiner & A_ronson, P.A. 5441 Any person who decides to appeal any decision of the Coi~m-,,mily 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 verbotim record of the proceedings is made, which record includes the te~mony 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 equz opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Dougla.q 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. The Promenade (REZN 04-002) cont'd. OWNER: Boynton Beach Waterways Investment Associates, LLC LOCATION: Northeast comer of North Federal Highway and Boynton Beach Boulevard DESCRIPTION: D. New Site Plan Request to rezone from Central Business District (CBD) to Mixed Use High Intensity (MU-H) in connection with the request to build a mixed use development consisting of retail, office and restaurant space and hotel and condominium units on 3.97 acres. 1. PROJECT: The Promenade (NWSP 04-009) 5514 AGENT: Weiner & Aronson, P.A. OWNER: Boynton Beach Waterways Investment Associates, LLC LOCATION: Northeast comer of North Federal Highway and Boynton Beach Boulevard DESCRIPTION: Request for new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail space, 3,000 square feet of restaurant space, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. E. Height Exception 1. PROJECT: The Promenade (HTEX 04-002) 5515 AGENT: Weiner & Aronson, P.A. OWNER: Boynton Beach Waterways Investment Associates, LLC LOCATION: Northeast comer of North Federal Highway and Boynton Beach Boulevard The Promenade (THE 04-002) cont'd. 5442 Any person who decides to appeal any decision of the Comm~mity 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 sea'vices where necessary 'to afford an individual with a disability an equal opportunity m participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hoars prior to the program or activity in order for the CRA to reasonably accommodate your request. DESCRIPTION: Request for a height exception of 17 feet to allow the peak of a decorative tower to extend above the 150-foot maximum provision in the Mixed Use High Intensity (MU-H) zoning distr F. Code Review 1. PROJECT: AGENT: DESCRIPTION: PROJECT: AGENT: DESCRIPTION: 3. PROJECT: AGENT: DESCRIPTION: Auto Repair in Commercial Master Plans (CDRV 04-004) (C-3 Zoning District) 5516 Michael S. Weiner, Weiner & Aronson, P.A Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in stand-alone buildings within commercial master plans in the C-3 zoning district. Urban Parking Requirements - Mixed Use (CDRV 04-007) 5517 Michael S. Weiner, Weiner & Aronson Request to amend Chapter 2, Zoning, Section l l.H reducing parking ratios for multi-family, hotel, and marina uses in mixed- use projects within the CBD zoning district. Non-residential uses in single-family zoning districts (CDRV 04-008) 5518 City- Initiated Request to amend Chapter 2, Zoning, Section 11 with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts. 5443 Any person who decides to appeal any decision of the Community Rexlevelopment Board with respect to any matter considered at thi.q 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 eqtr opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VII. Director's Report VIII. Old Business New Business A. B. C. D. E. Xm XI. Xlll. XIV. G. Consideration H. Consideration I. COnsideration J. Consideration K. Consideration Commission Action Board Member Comments 5519 5530 5531 Consideration of Contact for Police Pilot Program in the CRA Boundaries. 5532 Consideration of Fac,,ade Grant Application for Welch Plastering. 5533 Consideration of the Annual Report. 5564 Consideration of Legal Services Taskforce. 5565 Consideration of Six Month Extension of the Direct Incentive Award to the Arches Project. 5566 Consideration of Development Regions Grant Six Month Extension for Yellow Beard Inc. D/B/A Boynton Seafood. 5589 of Fac,,,ade Grant Extension for Fred and Joe's Automotive. 5591 of Business/Development Fair September 16, 2004. 5593 of "State-of-the-CRA"/Recognition Event. 5598 of Property Acquisition contracts in HOB Phase I Project Area. 5602 of New CRA Office Space Rental. 5603 5607 5608 Legal 5609 Other Items 5610 Future Agenda Items A. B. 5611 Budget Workshops (July 8th & 22nd). City/CRA Workshop (July). 5444 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 antt for such purpose may :need to ensure that a verbatim record of the proceedings is made, which record includes the testimony _a_nd 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 Hutchinmn at 561-737-3256 at least twenty-four hours prior to thc program or activity in order for the CRA to reasonably accommodate your request C. Direct Incentive Program for the Promenade. Adjournment 5612 5445 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 evideltce upon which the ap~ is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an ind/vidual with a disability an eqm opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hatchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. IV. Consent Agenda Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5446 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 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 achvity in order for the CRA to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 8, 2004 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Absent: Larry Finkelstein Charlie Fisher Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller I. Call to Order Chairperson Heavilin called the meeting to order at 6:33 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present III. Agenda Approval None A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Vice Chair Tillman unanimously carried. moved to approve. Motion seconded by Mr. DeMarco IV. Consent Agenda A, Approval of Minutes of May 11th Meeting and May 20th Workshop B. Financial Report .~...~44.? and Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Vice Chair Tillman requested that on page 5324 of the agenda, which are the Minutes of May 11, 2004, in the third full paragraph, "Chair Tillman" should be changed to "Vice Chair Tillman." Mr. Hutchinson reported that there was a typo in the financial reports and new reports were distributed. Motion Mr. FentOn moved to approve the Consent Agenda. Motion seconded by Vice Chair Tillman and unanimously carried. Chairperson Heavilin introduced Commissioner Ensler and Assistant City Manager Dale Sugerman. V. Public Audience None VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. Old Business A. Site Plan Time Extension 1. Project Agent: Owner: Location: Description: Schnars Business Center (SPTE 04-003) (Tabled May 11th) 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 Motion Vice Chair Tillman moved to remove the item from the table. Motion seconded by Mr. DeMarco a,nd unanimously carried. Maxime Ducoste, Planner, presented the item on behalf of staff. The item was tabled at the last meeting because the applicant was not present and the applicant is present tonight. The project is for a mixed-use off'-~e and retail building at the southeast corner 5448 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 of NE 9th Avenue and North Federal Highway. Staff has reviewed the request and is recommending approval of the site plan time extension for one year. There is an additional condition that the applicant must obtain traffic concurrency approval prior to the issuance of a building permit. The site plan is for a three-story, 8,754 square foot office and retail building. Jeff Schnars, 951 Broken Sound Parkway, Suite 320, Boca Raton, assumed the podium. Vice Chair Tillman asked the applicant why he was requesting a one-year extension. Mr. Schnars stated that they were not ready to build due to market conditions, nor have they been able to find any tenants. Vice Chair Tillman inquired if they would be able to move forward within one year. Mr. Schnars anticipated that they would, but currently there are no tenants signed up. If they could not lease the building, they would not build it. Mr. DeMarco inquired about the market conditions mentioned by the applicant, and Mr. Schnars responded that they cannot lease the building at the rate they need to make.it profitable. Mr. Fenton asked about their marketing efforts and Mr. Schnars responded that a broker has been hired and ads have been placed in trade magazines. Mr. DeMarco requested to see a copy of the ad and Mr. Hutchinson stated that it was available in the CRA office. Vice Chair Tillman inquired if Mr. Schnars thought that market conditions would improve. Mr. Schnars would like to see other things take place downtown so that their property could also move forward at the lease rate they need. Chairperson Heavilin inquired if they intended to sell the project if they could not lease it. Mr. Schnars stated that they would entertain an offer if someone wanted to move forward with the project. Vice Chair Tillman inquired if'they agreed with the traffic concurrency requirement and Mr. Schnars stated that they did. Chairperson Heavilin opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Barretta noted that when this project was approved one year ago, the CRA did not have any design criteria and still does not have any. He asked the applicant if construction did not start within six months, would they be willing to come back for review when the design criteria is in place to determine whether the building conforms to the criteria adopted. Mr. Schnars was not in favor of having to come back to the Board for any kind of design review and is only requesting a one-year extension. Motion Vice Chair Tillman moved to approve the one-year extension. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Mr. DeMarco asked Vice Chair Tillman if he would amend his motion to six months and Vice Chair Tillman stated that he would not. Motion seconded by Mr. Fenton and carried 4-1 (Mr. Barretta dissenting). New Business A. Annexation Project: Agent: Owner: Location: Waterside (ANNEX 04-002) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach, LLC East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements B, 1. Project: Agent: Owner: Location: Waterside (LUAR 04-002) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach, LLC. East side of South Federal Highway, between Palmer Road and Chukker road Description: Request to amend the Comprehensive Plan future Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential; and Request to rezone from General Commercial (Palm Beach County) and Multi-Family Residential to Planned Unit Development (PUD) Mr. Hutchinson noted that there was a two items be tabled to the next meeting. Proposed use: 115 unit townhouse community letter from the applicant requesting that these 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Motion Vice Chair "T'illman moved to table Items A. 1 and B.1 to the July 13, 2004 meeting. Motion seconded by Mr. Barretta and unanimously carded. Project: Agent: Owner: Location: Description: Florida Collision Center (LUAR 04-005) Carl A. Cascio, P.A. Boynton Beach RE Enterprises, Inc. 902 NE 3rd Street Request to amend the Comprehensive Future Land Use Map from Commercial (GC) to Industrial (I); and Plan General Request to rezone from General Commercial District (C-4) to Industrial District (M-l) Proposed use: auto body repair, storage and towing Hanna Matras, Planner, presented the item on behalf of staff. The applicant is requesting to rezone the property from general commercial to industrial and from C-4 to M-I. Staff recommends approval of the amendment, which is consistent with the Comprehensive Plan and the Head of Boynton Community Development Plan. The applicant currently owns the land east of the subject property, which is zoned industrial. By approving the rezoning it would make the zoning uniform for the entire property and would contribute to the supply of industrial land suitable for small businesses. Ms. Matras pointed out that M-1 requires adequate screening for storage of vehicles. The applicant has been informed of this requirement and is agreeable to supplying adequate screening by utilizing landscaping. Chairperson Heavilin inquired if this was a condition of approval. Ms. Matras pointed out that this is a requirement of M-1 zoning and does not have to be a condition and could be adopted by Ordinance. Carl Cascio, 525 NE 3rd Avenue, Suite 102, Delray Beach, represented the applicant. Mr. Cascio pointed out that there is screening on the property, but it is not landscaped. Andrew Cohen, 246 Lake Eden Way, Delray Beach, purchased the property that was an eyesore. He has cleaned it up, fenced and screened it in. Mr. Cohen said that he agreed to add the 'landscaping and has hired a landscaper for this purpose. He anticipates that he will have to add 400 hedges aro.~nd the property, which is a substantial amount of money and he is willing to do whtat'is necessary. Mr. Cohen noted that the Police Department visited his establishment today, and they informed him that if the property were screened in it would become a security issue. He informed them that if they had a problem with the screening, they should speak with City 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 staff. He anticipated that it would take between six to eight weeks to complete all the landscaping work and irrigation is already in place. Mr, Cascio asked about the screening along the western side of the property that abutted a daycare center and if the City was requiring that this side be landscaped as well. Ed Breese, Senior Planner stated that since this property is in the Heart of Boynton they are requiring landscaping on all sides. Staff is agreeable to allowing the applicant enough time to put in the landscaping and felt that 90 days after the City Commission hears the item would be appropriate. Staff will handle this as a minor site plan modification to be reviewed by staff. Mr, Fenton inquired if staff spoke to the Police Department regarding the comments made by the Police Officers and Mr. Breese stated they did not because the screening is required, Attorney Payne pointed out that the item before the Board deals with a Comprehensive Plan Amendment and rezoning and is not a site plan issue. Chairperson Heavilin opened up the public hearing. Sarah Williams, 1331 SW 27th Avenue, Boynton Beach, was administered the oath by Attorney Payne. Ms. Williams noted that she received notice because she has some properties that are located within the notice area. One piece of property that she owns is adjacent to the site and she is concerned that the zoning is being changed from residential to industrial. Ms. Matras pointed out that the zoning is being changed from General Commercial to Industrial and was not zoned Residential. Ms. Williams questioned why this property was zoned Commercial when her property was zoned Residential. Also, she thought that this might be detrimental to the Heart of Boynton Plan and the existing properties. She noted that there was a daycare next to the subject property and Day Start Academy at St. John's Missionary Baptist Church will be opening up soon. Ms. Williams asked if her five unit property was ever destroyed, would she still be able to replace it with residential. She also pointed out that industrial uses might result in physical hazards in the area and questioned whether industrial use would be aesthetically pleasing. Ms. Matras explained that C-4 zoning includes heavy commercial use and the current use of the property is currently allowed under C-4. Ms. Williams inquired how many properties would be affected by this change, and Mr. Hutchinson pointed out that the rezoning would only apply to this one lot on NE 3rd Street. There is a plan that was approved within the industrial corridor and it would not spread any further than this lot. Chairperson Heavilin closed the public hearing. ~;4~2 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Mr. DeMarco inquired if the rezoning would affect the new school that this Board recently approved, and he was informed that this school is north of this property and the rezoning would have no impact upon the school. Quintus Greene, Director of Development, explained that item was to rezone one lot that is currently adjacent to an Industrial zoned lot in a planned industrial corridor. No other properties would be affected. Staff is trying to minimize the impact upon the neighborhood with the screening. Mr. DeMarco noted that one of the uses of the property would be auto body repair and he felt that this would be noisy. Chairperson Heavilin said that the property is already doing repairs. Mr. Cascio stated that they want to unify title to the parcels and the only way this could be done was to make the zoning and land use the same. Motion Vice Chair Tillman moved to approve. Motion seconded by Mr. Fenton and unanimously carried. C. New Site Plan Project: Agent: Owner: Location: Phillips Industrial Lot 4 (NWSP04-008) John Phillips Phillips Equipment 1040 West Industrial Avenue Description: Request for new site plan approval for an outside storage lot for RV, boats and trailers and related site improvements on a 1.44-acre parcel in a M-1 zoning district Maxime Ducoste, Planner, presented the item. The property is located on West Industrial Avenue, west of the C.S.X. Railroad right-of-way. There are industrial uses to the north and south of the property and residential on the west side zoned single family R-lA. There will be one ingress/egress along West Industrial Avenue that will have automated 15' sliding gates. This project will be connected to Phillips Industrial Park, which is the project to the north. Staff is requiring the applicant to obtain a Unity of Title and Cross-Access Agreement as conditions of approval because both projects will share driveways and an office. The Land Development Regulations require a minimum of four parking spaces, but since ~'~'53 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 there is no building proposed for the project, there will be sufficient parking when the property comes under the Unity of Title. Mr. Ducoste stated that the design of the project would be compatible with the surrounding areas by utilizing color-coordinated fencing and landscape buffering. The property will be used to provide slips for outdoor storage of recreational vehicles. Staff is recommending approval contingent upon all comments contained in the conditions of approval in Exhibit C. Chairperson Heavilin inquired why the applicant was obtaining a Unity of Title. Mr. Ducoste stated that this was necessary because the office being used for the outdoor storage business is located in one of the bays in Phillips Industrial Park. John Phillips, 6900 Carissa Circle, Lake Clarke Shores, stated that he is in the process of constructing a 12,000 square foot warehouse with 23,000 square feet of outside storage for heavy equipment. Since he owns both lots, he determined that as Boynton Beach continues to add more boat slips, this property would be a good place for people to store their recreational boats and RVs. Through the Unity of Title he would be able to operate the outside storage while maintaining his office in the building on the other lot. Mr. Phillips stated that he agreed with all staff conditions and presented photographs of the building that is currently under construction. The photographs are on file in the City Clerk's Office. Motion Mr. Fenton moved for approval, subject to all staff conditions. Motion seconded by Vice Chair Tillman and unanimously carried. D. Site Plan Time Extension Project: Agent: Owner: Location: The Arches (SPTE 04-004) Ryan Weisfisch, Boynton Ventures 1, LLC Multiple Owners Southwest corner of Ocean Avenue Federal Highway and Description: Request for a one (1) year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005 Eric Johnson, Planner, handed out a condition of approval that was set out in a Memorandum from Peter Ma7_zella, Deputy Director of Utilities, to Michael Rumpf, Director of Planning & Zoning, dated June 4, 2004. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Mr. Johnson noted that The Arches site plan is due to expire on June 3, 2003 and the applicant is requesting a site plan time extension to June 3, 2005. The applicant submitted the application in a timely manner, staff reviewed the request, and is recommending approval, subject to the condition contained in Mr. Mazzella's Memorandum. The property is located at the southwest corner of Ocean Avenue and Federal Highway and is comprised of approximately two city blocks. Mr. Johnson pointed out that the applicant's traffic concurrency has been approVed until 2005 and applies to 59,000 square feet of retail and 257 dwelling units with an indoor parking garage. The site plan would still be subject to the original conditions of approval, plus the new one. Mr. Johnson reported that the applicant is aware of this new condition and has agreed to it. Ryan Weisfisch, of Boynton Ventures 1, LLC, 1250 East Hallendale Beach Boulevard, Suite 305, Hallendale, Florida, informed the Board that he had been a partner with Nancy Graham and Kevin Lawler when the original site plan was submitted, but they are no longer partners in the project. Mr. Weisfisch explained that there is an environmental issue surfaced that resulted in a delay of the project. He was anxious to get the project off the ground, but he cannot proceed until this issue is resolved. He pointed out that the environmental issue is also a State issue, and they have been working with the State to get it resolved. Mr. Weisfisch stated that legal issues were involved as well. Mr. Fenton inquired what type of environmental problem was uncovered, and Mr. Weisfisch stated that there were benzene levels in excess of the acceptable amount. Mr. Weisfisch said that a Plan of Remediation has been submitted to the State'and they are waiting for approval. However, the seller of the property will not allow him to access the property. Mr. Weisfisch pointed out that they are contract purchasers. They do not own the site at this point and the matter is now in litigation. Vice Chair Tillman pointed out that the litigation could drag on for a long period of time and couJd go beyond one year, to which Mr. Weisfisch agreed. Vice Chair Tillman inquired if the applicant had any remedies that he thought would cause the situation to change and would he eventually be able to purchase the property. Mr. Weisfisch reported that a judge heard the case on June 4th and they expect a ruling in their favor hopefully this month. In that event, they would be able to remediate and then gain access to the property to clean up the issues and close on the purchase. Mr. Fenton asked who was responsible for cleaning up the environmental problem and Mr. Weisfisch stated that it was the responsibility of the seller, but he would be willing to work with the seller to ensure that the property is clean. They approached the seller several times offering their assistance. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Mr. DeMarco inquired if the applicant were in fact the buyer. Mr. Johnson explained that the documents that the applicant provided staff were forwarded to Legal. Legal reviewed all the items and determined that the paperwork submitted was adequate and sufficient so that the project could continue to move through the process. Attorney Payne pointed out that the Court would determine whether the contract is valid. For purposes of tonight, this is the proper applicant. Mr. Barretta inquired what stage the construction documents for the project were in. Mr. Weisfisch stated that they are about one-third done and have not been completed. He has no plans to make any major changes and would be coming to the Board with minor changes. Mr. Johnson noted that there is an approved site plan and any modification to the site plan would have to come to Planning and Zoning. Staff would determine whether the changes were major or minor. Mr. Fenton inquired about the status of the incentives given the applicant' if the extension was granted. Mr. Hutchinson explained that the contract is tied to the site plan approval process from the City, both for modification and approval. The applicant would be applying for an incentive package extension, but the City has to approve the site plan extension first. Mr. Hutchinson has already requested that the applicant provide the incentive package extension request in writing. Chairperson Heavilin asked the applicant if he agreed to pay the reservation fee for the water and sewer capacity and Mr. Weisfisch responded that he would. Chairperson Heavilin noted that this had been a condition that it be paid within 30 days of site plan approval by the City Commission, which was almost one year ago. She asked the applicant why this fee was never paid. Mr. Weisfisch thought that his previous partners had paid it. It will be corrected prior to the June 15th City Commission meeting. Chairperson Heavilin opened up the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Barretta proposed a condition that any site plan modification be brought back to the Board. There was a consensus on the Board that this be a condition of approval. Mr. Johnson inquired what the Board meant by a "modification." Chairperson Heavilin responded that it would be any change to what had been previously approved by the Board. Mr. Johnson inquired if it was a "minor" site plan modification, as determined by staff, would it have to come back to the Board, or would it be a "minor" modification, subject to a courtesy review by the CRA Board. Mr. Hutchinson inquired if the Board wanted to review any changes as a courtesy review. Mr. Barretta wanted the Board to have the authority to review any change and to impose conditions. Chairperson Heavilin inquired if this would be a condition of the site plan extension or the incentive plan extension. Mr. Johnsofl ~commended that if staff determines that it is 5456 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 a minor site plan modification, it would go before the Board for Board review and approval. Staff would not approve the minor modification until the Board reviews it, to which the Board agreed. Mr. Fenton did not feel that a one-year extension should be granted and he recommended approving a six-month extension. He wanted to see the project moved along as soon as possible. Mr. DeMarco pointed out that when Courts are involved it is hard to know how long it would take to get the issue resolved. Mr. DeMarco recommended adding the words "one year or sooner" in the motion. The applicant stated that he would like to move as fast possible, but noted he was dealing with a reluctant seller and there were a lot of issues involved. He requested that he be granted the one-year extension. Mr. Fenton felt that "or sooner" would not apply in this case since the applicant could have up to one year. Motion Mr. Fenton moved to approve the extension of the site plan approval for The Arches for six (6) months. Mr. Barretta agreed to second the motion if Mr. Fenton would agree to add the condition that any site plan modifications would come back before this Board. Mr. Fenton agreed to amend his motion to include this condition. Motion seconded by Mr. Barretta. Mr. DeMarco inquired if the applicant could come back after six months and apply for another extension and was informed that he could. Chairperson Heavilin requested that the motion also be subject to condition #6 regarding the water and sewer reservation fee. Mr. Fenton agreed to add condition #6 contained in the Memorandum dated June 4, 2004 from Peter Mazzella to Michael Rumpf to the motion. Mr. Barretta seconded the amended motion. Mr. Johnson added that if it were a minor site plan modification, staff would withhold issuance of a minor modification approval letter until the CRA has approved it, and Mr. Fenton stated that this was the intent of his motion. Chairperson Heavilin would like to grant the one-year extension due to the environmental issues. She did not feel that 12 months was unreasonable. Vote Motion carried 4-1 (Chairperson Heavilin dissenting). VII. Director's Report Mr. Hutchinson noted that his report was included reported on the following: ~'5~57 in the agenda packet. He also 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 The final SFWMD permitting papers were signed this afternoon for the Boynton Beach Boulevard/Promenade/Riverwalk. He anticipates that they would be pulling full permits with the contractor and City staff. He thanked Burkhardt Construction, City staff and Jonathan Ricketts for their assistance. ¢' A letter from the Community Economic Development Committee to Chairperson Heavilin was distributed. This is a countywide Committee and they would like a representative from this Board to serve on the Committee. The representative could either be staff or Board member. He felt it was important that this Board have a representative on the Committee. Motion Vice Chair Tillman nominated Douglas Hutchinson, CRA Director, to be this Board's representative on the Community Economic Development Committee. Motion seconded by Mr. Barretta and unanimously carried. Mr. Hutchinson urged Board members to review the Annual Report because he would like to go to print as soon as possible. The wayfinding signs are being reviewed for permitting with the City. Four Police Officers have been selected for the CRA Police Pilot Program and the contract will be presented to the Board at the July meeting. Mr. Hutchinson reported that the Marina job site and the CRA office building were vandalized with graffiti and there has also been vandalism at St. Mark's Church. He pointed out the need for these patrols as soon as possible. The Officers that have been selected will be at the July meeting. Mr. Hutchinson pointed out their professionalism and ability to work with the community. Mr. DeMarco recommended that the advent of these Officers downtown should be disseminated to the public, which would be good publicity for the CRA and the City. The draft Museum Feasibility Study should be received by the beginning of next week that will contain two options. As soon as it is received, it will be forwarded to Board members. Mr. Hutchinson anticipated that the final study should be available within four weeks. The CRA logo has been finalized and will be put on shirts and hats. Board members and staff will each receive one shirt and one hat. If any Board member would like more than one shirt, please let Mr. Hutchinson know. The shirts will also be used as a marketing tool. VIII. Old Business None 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 IX. New Business A. Consideration of Fa(;ade Grant Application for Scully Burgers Mr. Hutchinson noted that the applicant was present to answer questions. He pointed out that a lot of work went into improving the building and the applicant has presented a wonderful project. Motion Mr. Fenton moved to approve the Fa(;ade Grant Application for Scully Burgers in the amount of $10,498. Motion seconded by Mr. DeMarco and unanimously carried. Mr. Hutchinson reported that the application to the County for a grant program for economic development and job creation for the Boynton-Delray Academy was approved. This will bring a great deal of money into the area and will require a one-third match. Chairperson Heavilin inquired if they could put up a CRA sign at Scully Burgers while the work is being performed. Mr. Hutchinson stated that Ms. Gray is working on this and applicants are being asked to allow a sign to be posted. Chairperson Heavilin thought that this was wonderful publicity for the City and the CRA. Mr. Hutchinson noted that the CRA is accomplishing a great deal with their grant programs. B. Consideration of The Urban Group's Relocation Services Mr. Hutchinson referred to the handout presented to the Board. He noted that' there has been a reduction in the estimated services. It had been estimated at $221,000 and has been decreased to $207,000. It is important that these services be implemented so that they could move forward with the acquisition of the properties. There is an offer that will be coming before the Board tonight and they need these services in order to move forward with the purchase. The needs assessment has been completed and the Urban Group needs to be authorized to deal with the relocation fees and make the offers based upon the relocation needs assessment. Chairperson Heavilin inquired if the City was using HUD money for this project. Mr. Hutchinson stated that HUD money was never used for this project. He explained that the City receives funds from HUD and CDBG money is being used in the Heart of Boynton Plan. Quintus Greene, Director of Development, explained that Boynton Beach receives approximately $630,000 yearly in CDBG money from HUD.-The principal target area for these funds is the Heart of Boynton and HUD funds are being spent in the Heart of Boynton area. The City has applied to ~ for a $2.5 million Section 108 loan, which is 5459 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 paid back to HUD from the annual block grant allocation. This will depend upon the Federal budget, since the President is recommending the abolition of the Section 108 Loan Program. Whether or not they do or do not receive the Section 108 loan, there will be CDBG funds spent in the Heart of Boynton. Chairperson Heavilin asked about the relocation process that is required. Mr. Hutchinson explained that when an offer is made to purchase property under this program, it has two elements. One is the offer to purchase the property at the appraised value and the second one is the relocation entitlements as set out by statute. The relocation entitlements are only estimates based upon a certain formula. Therefore, each time an offer to purchase comes before the Board, it would also come with an offer for the relocation entitlements. Mr. Fenton noted that the purchase offer that the Board would be considering tonight does not include any relocation money. Chairperson Heavilin noted that this was the next item. Chairperson Heavilin pointed out that almost 50% of the relocation costs are fees and requested that this be justified. Mr. Hutchinson noted that the fees would probably be collected over 15 to 24 months and The Urban Group would be performing a great deal of work. He also noted that The Urban Group is following HUD guidelines for relocation. if The Urban Group does not do the task, they would not get paid. Mr. Hutchinson explained that each project will be dealt with individually and the Board will review them as they are presented. Vice Chair Tillman was not in favor of retaining The Urban Group for $200,000 before anyone is actually relocated. He also remarked about the fees being charged for personnel and thought that the Board should consider hiring someone on staff to perform this work. Mr. Fenton inquired if there were no relocation fees involved in a purchase, would the $207,000 fee be reduced by $6,597 each time. Mr. Hutchinson stated that it would depend on how much time The Urban Group spent on getting the contract signed and if it took less time, then the fee would be reduced. Mr. Fenton also asked that if a person did not want the relocation money, how much time would The Urban Group devote to the purchase. Diane Mason, Relocation Administrator for The Urban Group, 1424 Andrews Avenue, Ft. Lauderdale, stated that if there were no relocation involved in the purchase of a parcel, they would not charge any fee on this aspect of the purchase and $6,597 could be deducted from their fee. Mr. Hutchinson also pointed out that these were estimates and things may move more quickly than anticipated. Mr. Hutchinson pointed out that The Urban Group has done this type of work for the City many times. The City had gone out to bid to find someone to perform these services and The Urban Group came out as best qualified with the best pricing and the CRA has piggybacked the City's contract. Chairperson Heavilin inquired if the Board approved the contract, how quickly would they start to review contracts. Ms. Mason stated that the contracts could be presented to the Board immediately. '~ .-~ 5460 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Motion Mr. Barretta moved to approve the relocation package as presented and to hire The Urban Group to make the offers for the relocation compensation fees according to HUD guidelines. Motion seconded by Mr. DeMarco. Vice Chair Tiliman asked what the timeline was on the contract and Mr. Hutchinson stated until the job is done. There are 31 properties that have been identified and the life of the contract would be to acquire those 31 properties. Vice Chair Tillman would like to make the contract term for one (1) year. Chairperson Heavilin asked Mr. Sugerman to address this. Dale Sugerman, Assistant City Manager, stated that at a prior Board meeting, the CRA asked the City Commission to move forward with eminent domain actions on these 31 parcels. This process has not been instituted yet, and they would like The Urban Group to give it their best try to get these properties purchased. If a property cannot be purchased, eminent domain action would be instituted. He does not anticipate that it would take one year to get this done and could take upwards of five to six months. Mr. Sugerman did not think that The Urban Group needed one year to get this done, but he also thought that it was not necessary to have a time certain for The Urban Group to get the job done. Mr. Hutchinson pointed out that even if property were taken utilizing eminent domain, The Urban Group's services would still be needed. Chairperson Heavilin asked how long this could take and Mr. Sugerman stated that this could take between two to three years. Chairperson Heavilin asked if the relocation money would still be offered if a person's property were taken by eminent domain. Mr. Sugerman felt that the property owners would probably be entitled to the benefit of relocation. Chairperson Heavilin inquired if there was a timeframe on the original contract and Mr. Hutchinson noted that it was task driven. Vice Chair Tillman was still in favor of having a one (1) year contract and if it had to be extended, it could in order to protect the interests of the CRA. Chairperson Heavilin pointed out that the original contract has no timeframe. Ms. Mason stated that the Uniform Relocation Act states that any person or business that is displaced has up to 18 months to file a relocation claim. Mr. Barretta did not wish to amend his motion to include a time limit. Vote Motion carried 4-1 (Vice Chair Ti#man dissenting). 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Mr. Hutchinson noted that staff is working very hard to get this done. He realizes the importance of getting these properties purchased and will move as fast as possible. Mr. DeMarco requested that they be furnished with monthly progress reports, and Mr. Hutchinson stated that this would be included in the agenda packets. Consideration of Acquisition of Property at 129 NE 9th Avenue in the MLK Phase I Area Mr. Hutchinson reported that the Board is being presented with a purchase contract for Juanita Kelly for parcel #122. The contract was devised by Legal and TUG. The property was appraised at $135,000 and an offer in that amount was presented to the owner. Ms. Kelly has counter-offered with $148,500. Staff is recommending that the appraised value of $135,000 should remain as the Board's offer. He pointed out that the seller is waiving her relocation entitlements. Mr. DeMarco requested to look at the appraisal and was informed that it was available in the CRA office. Mr. Hutchinson also noted that they were required to hire an appraiser to check the appraiser. Vice Chair Tillman inquired what the scenario would be if the seller would not accept the Board's offer. In that event, Mr. Hutchinson stated they would continue to negotiate with the owner. Vice Chair Tillman inquired how they could negotiate if they were given authority to offer only the appraised value. Chairperson Heavilin stated that they could always offer more than the appraised value, which she was not in favor of. Vice Chair Tillman was in favor of staff having a 10% leeway. Vice Chair Tillman felt that this could affect the CRA's public image and would appear to be petty. He would like to have some leeway in negotiating; otherwise, the item would come back to the Board next month to be readdressed. Mr. Hutchinson wanted to avoid being taken advantage of on their first purchase. Mr. Barretta felt that this would set a precedent and if they purchased this property 10% above appraised value, they would end up paying this for all properties they purchase. Motion Mr. Fenton moved to give The Urban Group the authority to offer $135,000 to Juanita Kelly to purchase the property at 129 NE 9th Avenue. Motion seconded by Mr. Barretta. Barry Lazarus, Project Manager for The Urban Group, has been involved in the eminent domain field for over 12 years and said it was unrealistic to think that the CRA could purchase properties at appraised value during condemnation proceedings. He pointed out that Ms. Kelly waived almost $15,000 in relocation money to close on the deal and she is well connected with the community. Not approving this transaction could result in poor public relations. Also, if thed~roperty was foreclosed upon and they had to 5462 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 use eminent domain and go to the lender, this would result additional costs that would well exceed $13,500 that Ms. Kelly is asking for. If the lender takes over the property, the price would far exceed the additional $13,500. Mr. Hutchinson did not agree with Mr. Lazarus' assessment of the situation. He felt that this would set a dangerous precedent using taxpayer money. Mr. Fenton inquired if the property was under foreclosure and was informed that the seller has been served with a notice of foreclosure. Dale Sugerman, Assistant City Manager, stated that staff always prefers to have some flexibility, but not necessarily in this particular situation. He noted that the negotiations become public and are on the record. He recommended that the Board either approve the purchase at the appraised value or if the Board feels that there is some value in the seller waiving her rights to the relocation costs, it might be prudent for the Board to authorize another figure. Mr. DeMarco recommended offering $139,000. Mr. Fenton moved to call the question, which was seconded by Mr. Barretta. Vote Motion carried by 3-2 (Vice Chair Ti#man and Mr. DeMarco dissenting). Consideration of approval for the Executive Director to negotiate a purchase contract(s) for real property for a proposed CRA office and to secure said contract(s) with up to $10,000 earnest money, contingent on Board approval of the contract Mr. Hutchinson stated that the CRA office space is critical and they need more space. He would like to build a site with a leaseback, or purchase a condo or real property. There is a project in an area that he would like to look at and bring back a contract to the Board to consider at the July meeting. He was concerned that if they had to wait, they may lose the property. Mr. Hutchinson was not in favor of staff having to build an office, but this is an opportunity to have a condominium that they could own and would provide them with the necessary space. Mr. Fenton asked if the property was within the CRA and Mr. Hutchinson stated that it was. He had spoken to the Chair about this, and he felt that the Board would be pleased when he brings the offer back. The earnest money would be contingent upon Board approval. Chairperson Heavilin was in favor of purchasing, rather than leasing. Mr. Hutchinson pointed out that debt service and lease payments are approximately the same, and he felt it would cost less to own the property than to lease it. ~....5463 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 8, 2004 Motion Mr. Fenton moved to authorize the CRA Director with the concurrency of the Chairperson to offer earnest money up to an amount of $10,000 for the purchase of real property for the CRA offices, contingent upon Board approval. Motion seconded by Mr. DeMarco and unanimously carried. X. Commission Actions There were no CRA public hearing items to report on. Mr. Hutchison reported on the items that the Board has an interest in. XI. Board Member Comments None XII. Other Items' None XIV. Future Agenda Items None XV. Adjournment There being no further business, the meeting properly adjourned at 8:46 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (June 9, 2004) 5464 18 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON THURSDAY, JUNE 17, 2004 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Alexander DeMarco Absent: Douglas Hutchinson, CRA Director Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner Hanna Matras, Planner James Barretta Don Fenton Larry Finkelstein Henderson Tiilman, Vice Chair Also Present: Commissioner Bob Ensler I. Call to Order Chairperson Heavilin called the workshop to order at 6:33 p.m. II. Boynton Beach Boulevard Corridor Plan Chairperson Heavilin introduced Jody Rivers and Corey Malyszka of the RMPK Group who would be giving a final PowerPoint presentation of the Boynton Beach Boulevard Corridor Plan, a complete copy of which is on file in the City Clerk's Office. Mr. Malyszka explained that certain corridors have been combined. Originally the plan began at 1-95 to Seacrest. The final plan is now from 1-95 to the FEC Railroad tracks. First reviewed was the inventory analysis of the Plan. Currently there is a.reserve of 120 feet along Boynton Beach Boulevard and they envision cutting this down to 80'. The County's Comprehensive Plan currently has Boynton Beach Boulevard corridor at 120'. The City and the CRA are working with the County to get this taken out of their Comprehensive Plan so that the corridor could remain at 80.' Some of the issues they looked at were: accesses, curb cuts, landscaping, and setbacks. Commercial zoning is the highest use along this corridor with residential located behind the commercial. Mr. Malyszka pointed out that there are only a few vacant parcels along the Boynton Beach corridor. Next reviewed were the amenities in the area. Mr. Hutchinson pointed out that "Pete's Pond" on the plan displayed was a "~lar~g term," and he recommended that some 5465 Meeting Minutes Community Redevelopment Workshop Boynton Beach, Florida June 17, 2004 research be done to determine the true name of the pond. Chairperson Heavilin thought that this was called Mangrove Walk at Marina Village. Mr. Hutchinson requested that the maps be expanded to pull out maps and made larger and clearer. Also, he pointed out that on the color maps, the print is too small to read. Mr. Malyszka stated that he work on improving the maps. Mr. Hutchinson noted that it was important that the Plan be user friendly so that it would be understandable to people reviewing the Plan. Slides were next shown that displayed the existing conditions of the buildings along the corridor. Mr. Malyszka pointed out that there were a variety of buildings along the corridor that had no apparent connection to each other. He briefly reviewed the public realm analysis information and then the private realm analysis. They looked at existing parking lots and access. They also looked at accidents along the corridor and determined that the corridor is unsafe to pedestrians. Also, the building setbacks along Boynton Beach Boulevard do not match up. The Concept Plan for the entire Boulevard, based on various issues, would be - v' Create a more professional environment. v' Create a continuous connection from the railroad tracks to 1-95. v' The Corridor from 1-95 to Seacrest would contain mixed-use Iow. Commercial, retail, and offices would occupy the first floors, with residential above. v' Parking would be internal. ¢' The streets would be landscaped with connections to the neighborhoods. Mr. Hutchinson pointed out that on the south side of Boynton Beach Boulevard, the parking is centered in the block to create a neighborhood, rather than placing all the parking in the back that would have residential looking into a parking lot. This was done block-by-block in order to create neighborhoods. Mr. Hutchinson noted that emphasis was placed upon the intersection of Seacrest and Boynton Beach Boulevard. He felt that this intersection should be enhanced to create a focal point by utilizing building setbacks and landscape elements. He would like to see Seacrest become a five-lane highway that could be a linkage to three exits off 1-95. Mr. Hutchinson was in favor of doing a Seacrest Corridor study. Dick Hudson, Senior Planner, noted that there are six historical buildings in this area and Mr. Hutchinson said that those six buildings should have the parking behind them. Mr. Hudson thought that there might be other historical buildings in the neighborhood. Chairperson Heavilin inquired if the Plan still contained a greenway along the street running parallel to Boynton Beach Boulevard on the south side. Mr. Hutchinson stated that this was removed because he received several complaints from the residents. The residents were not in favor of having p~l~ because they felt that they attract a certain 5466 Meeting Minutes Community Redevelopment Workshop Boynton Beach, Florida June 17,2004 type of element that they do not want in their neighborhood. The residents want their streets to be well lighted with Iow landscaping. However, they wanted assurances that the parking lot lights would not shine into their homes. Chairperson Heavilin asked if a bike path could be included and Mr. Hutchinson stated that this could be included in a streetscape setting. Mr. Hudson recommended that they speak with the staff of Parks and Recreation because he recalled there was a bike path plan. Mr. Hutchinson was in favor of making the streetscapes more pedestrian friendly, but the residents were not in favor of a linear park. Mr. Hutchinson requested that the streetscape design include bike paths. Mr. DeMarco noted that Boynton Beach Boulevard is in need of better lighting and many of the streetlights do not work. Mr. Hutchinson will bring this up with the City's Public Works Director, Jeff Livergood. Next reviewed was the Urban Design Plan that utilized color coordination to differentiate between the heights and uses. The heights of the various structures in designated areas are 35', 45' and 75.' Their concept was to introduce a pedestrian friendly neighborhood. Mr. Hutchinson requested that the colors used for the townhouses be more distinct. Mr. Hutchinson pointed out that the block north of Boynton Beach Boulevard between Seacrest and the FEC tracks is shown as mixed used in the Head of Boynton Plan. However, the RMPK report shows just townhouses. Mr. Malyszka pointed out that this was a concept plan and the plan includes a great amount of mixed-use blocks. Mr, Hutchinson felt that it was important that they get some feedback from FDOT to determine if these concepts would be agreeable with FDOT before the plans are actually finalized. Also, Mr. Hutchinson requested that when the mixed-use examples are named, he would like them tied into a name or to make sure that the blocks are identified by utilizing tables that relate to mixed-use Iow and mixed-use high. Chairperson Heavilin inquired if they had to go with the 12,' how would this impact the Plan. Mr. Malyszka stated that the Plan would not work. Mr. Hutchinson pointed out that the 20' on each side is for parking, which is an integral part of the Plan. Mr. Hutchinson felt that the Plan, as presented, could support the 80,' but there is a disclaimer in the Plan informing people that the CRA is going through the process of getting the 80' allowed by the County and currently the right-of-way is still 120'. Mr. Hutchinson pointed out that staff has worked with RMPK to insure that there is a taper down in the residential edges along the Federal Highway Corridor. 3 Meeting Minutes Community Redevelopment Workshop Boynton Beach, Florida June '17, 2004 A design concept for the Post Office block was presented that illustrated how public and private could work together. The Plan also included a plaza at the intersection of Seacrest and Boynton Beach Boulevard. Commissioner Ensler asked if the Plan would include a color palette, and Mr. Hutchinson stated that colors to some extent would be included in the design guidelines. Mr. Hutchinson said that this would be further reviewed when the design guidelines are discussed. Mr. Malyszka asked if members wanted him to review the generalization of costs and Mr. Hutchinson recommended that the members could look at this information on their own. Mr. Hutchinson pointed out that when a good plan comes in, the CRA could offer incentive funds and corridor improvements. He noted that there is no lack of interest in development in the City of Boynton Beach. Mr. Malyszka concluded his report. Mr. Hutchinson requested that if any members had any comments they should submit them to the CRA office. The final presentation of the Plan will be made at a regular CRA meeting, depending upon the amount of revisions that are necessary. There are color copies of the Plan available if anyone would like one. Mr. Hutchinson noted that the City staff has not had time to review the revised Plan, but if he receives comments within the next ten days, that the Plan could be presented at the July CRA meeting. Also, Mr. Hutchinson stated that as soon as the CRA website is updated, the Boynton Beach Boulevard Corridor Plan would be available on line. He anticipates that this should be available shortly. III. Evaluation and Appraisal Report Issues Scoping Meeting A. Purpose of Scoping Meeting and Required EAR Components Dick Hudson, Senior Planner, said that he would be presenting an overview of the Plan and staff is trying to develop a series of issues that would be utilized in analyzing the Plan. He would like Board members to read the information and provide him with issues that members feel should be addressed. Chairperson Heavilin inquired how they would be able to determine what changes have been made to the Comprehensive Plan since its inception. Mr. Hudson noted that when the Plan is amended, at the bottom of the page it would indicate that this particular page has been amended. However, it would not state what was actually amended on the page. They could make all the text amendments available if members would like to have them. Mr. Hutchinson inquired if it was possible to obtain the text amendments that affect the CRA. Mr. Hudson noted that most amendments dealt with land use, which is the first element of the Plan. ~4~8 4 Meeting Minutes Community Redevelopment Workshop Boynton Beach, Florida June 17,2004 Mike Rumpf, Planning and Zoning Director, explained that this was not an exercise to review the City's adopted policies. Staff will be evaluating the Comprehensive Plan and the first step is a discussion of issues that would affect the City and in this case the CRA issues. Mr. Rumpf would not recommend that members try to read the entire document, but to allow staff to direct members to some of the important issues and to the definitions and suggestions of what the issues are. The next big step would be the update of the Comprehensive Plan. Mr. Hudson explained that the State mandates that the Plan be updated every seven years and many cities that have a staff for this purpose update their plan annually. The last time the Plan was updated was 1996 and when it was updated, staff looked at every policy in the Plan and evaluated it. This time the State is requesting that growth management within the community be addressed in the Plan as well. B. Comprehensive Plan Overview Mr. Hudson referred to the Guide to Preparing an Evaluation and Appraisal Report (EAR) that was furnished to members, a copy of which is on file in the City Clerk's Office. He referred to Page I-5 that defines an issue as "a very narrow matter of concern to the existing and future growth and development of the local community." For example, the term "transportation" is not specific enough to be an issue. Page I-11 contains a timeline for preparing for the EAR. The plan amendments must be adopted by November 1, 2005. During this time period, certain items must be submitted to DCA for approval and then they are returned to the City with comments. The City has embarked on Item 2 on the timeline chart, which is "holding local workshops to identify subject matter (issues) and prepare the list of issues." Once this is done, staff must prepare a final list and send a draft to DCA. DCA will then inform the City whether the list of issues would be acceptable. After the above processes take place, staff will prepare a draft EAR that would be sent to DCA, who will then send their comments back to the City before it goes for final adoption. Once these are adopted, staff would begin the amendments to the Comprehensive Plan. Mr. Hudson next referred to the list of the State's requirements for "Goals, Objectives and Policies," which are attached to the Guide previously referred to. Mr. Hudson recited some of the goals, objectives and policies included in his handout that are very specific. The major elements in the Comprehensive Plan are: (1) the future land use element, (2) a transportation element, (3) utilities element that establishes levels of service, (4) a conservation element that deals with environmentally sensitive lands, (5) a recreation and open space element for parks and the level of service that the City wants to provide; (6) a housing element for providing housing to all citizens, (7) a coastal management element, (8) an intergovem~nental coordination element that deals with 5469 Meeting Minutes Community Redevelopment Workshop Boynton Beach, Florida June '17, 2004 how the City will coordinate with other municipalities and the County, the region and the State, and (9) a capital improvements element. The capital improvements element is the only element required by State law to be updated on an annual basis, and it is the only element that is exempt from the twice- yearly restriction on Comprehensive Plan Amendments. The City, however, has never updated its capital improvements element, but will be updating it this time. The final element is the public schools facilities element. Mr. Hudson pointed out that Palm Beach County is one of the few counties in the State that has addressed public school concurrency. The City Commission adopts the Comprehensive Plan and it becomes their policy document. For example, when staff states that they oppose a certain development, it is not because staff does not like the developer or the development. Actually, it is because the policies adopted by the City dictate how certain situations must be handled. Mr. Hudson also pointed out that the Planning and Zoning staff are advisers to the elected officials who can either take staff's advice or request that the Comprehensive Plan be changed, which happens quite often. There is current language in the Comprehensive Plan that has become issues to staff. For example, the City has adopted redevelopment plans over the past few years that are not addressed in the plan. Mr. Hudson pointed out that the Plan still references Visions 20/20 and heights and designs should be what 20/20 says. However, there are later studies that have gone beyond the 20/20 guidelines. Mr. Hudson felt that the Comprehensive Plan needs to be changed more often since it acts as a policy guide. The Comprehensive Plan sets the basis for the Land Development Regulations. He noted that in the current Comprehensive Plan, Policy No. 1.61.1 describes all the land use categories that are on the future land use map. Mr. Hutchinson inquired if the Comprehensive Plan could be updated without amending the LDR. Mr. Rumpf responded that the Comprehensive Plan updates precede the LDR changes. Mr. Hudson stated that it is possible to do those changes simultaneously, but text amendments to the Comprehensive Plan could only be done twice a year. C. Review and Discussion of Issues Facing the City of Boynton Beach Some of the areas that staff has started looking at are (1) land use conflicts; (2) cost of infrastructure versus the timing, i.e. were levels of service realistically set? Mr. Hudson pointed out that a new developer cannot pay for services to existing residents of the community. That developer is only required to pay for those services that he creates a need for. Therefore, it is important that this is considered when levels of service are adjusted. Staff has questioned if there are issues dealing with the "fiscal future" of the City and the "physical future" of the City. Another.area to look at for issues is commercial 5470 6 Meeting Minutes Community Redevelopment Workshop BOynton Beach, Florida June 17,2004 development and does the City want to look at creating more nodes of commercial activity. They also have to address the issue of Iow-cost housing in the City. If any one has any issues that they would like to refer to him, please forward him an outline. Chairperson Heaviiin asked if public input was part of the process for identifying issues and Mr. Hudson stated that it was. There will be public workshops with the City Commission, surrounding communities and the Treasure Coast Council. He pointed out that every time the City adopts an amendment to the Comprehensive Plan, copies are sent to 12 different agencies. Mr. Hutchinson is concerned about small business access and feels that this should be an issue. Most small businesses cannot afford space and this could have an effect upon the economics of the community. Secondly, police and safety issues exist within the CRA and certain redevelopment neighborhoods. D. Recap of Issues Mr. Hudson explained that the Comprehensive Plan is made up of two different types of elements. There are required elements and then there are optional elements. For example, the County has optional elements for libraries and fire and rescue. A great many communities have a public safety element and some communities have an historic preservation element. Mr. Hudson stated that the City could have a public safety element if the Commission so desired. In addition to the issues there are other things that have to be addressed. They are - Population growth and changes in land area; Annexations; The amount of vacant and developable land; The location of existing development in relationship to the location of development that was anticipated in the Plan when it was adopted. Changes made to the State Comprehensive Plan and their criteria for the City's Plan; and Success and failure of each element of the Plan; Anticipated amendments; and The public participation process for input. Mr. Hudson restated that if anyone has any issues they would like addressed, to please forward them to him no later than the end of July. Mr. Hudson concluded his report. Mr. Hudson reported that a tentative City Commission Workshop has been set for sometime in July, but he anticipates that it might have to be moved up to August. There will be a public workshop with the Planning and Development Board on Wednesday, June 30th. 7 Meeting Minutes Community Redevelopment Workshop Boynton Beach, Florida June17,2004 Mr. Hutchinson inquired if the parks and recreation concept could be looked at in an urban setting to see how it would work. Mr. Hudson pointed out that there are so many areas outside the planning and zoning expertise that he is encouraging those departments in the City to take some of the ownership of those elements. Mr. Hudson reported that Parks and Recreation has agreed to do this, and they are engaging a consultant to do an updated recreation and open space element study. Chairperson Heavilin requested that Mr. Hutchinson notify the rest of the Board members that they have to get their requests in to Mr. Hudson by the end of July. Commissioner Ensler noted that Mr. Hutchinson is leading the effort for the CRA and inquired who was leading the effort for the remainder of the City. Mr. Hudson pointed out that staff would be going to the Planning and Development Board for their input next. The Planning and Development Board would actually represent the remainder of the City. Commissioner Ensler would like to have a fulltime person on staff devoted to this effort. Mr. Rumpf pointed out that community meetings am held for public input. Commissioner Ensler was still in favor of having a professional doing it so that the amendments to the Comprehensive Plan would get the attention that it needs. IV. Adjournment Them being no further business, the meeting properly adjourned at 8:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (June 21,2004) e ~5~72 MZNUTES OF THE COMMUNTrY REDEVELOPMENT AGENCY SPECZAL MEETING HELD ZN COMMZSSZON CHAMBERS, crrY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, 3UNE 25, 2004, AT 5:00 P.M. Present .leanne Heavilin, Chair Henderson Tillman, Vice Chair .lames Barretta Alexander DeMarco Don Fenton Doug Hutchinson, CRA Director Quintus Greene, Development Director Lindsay Payne, Board Attorney Absent Marie Horenburger I. Call to Order Chair Heavilin called the meeting to order at 5:00 p.m. She announced that the Board had been called together to consider the purchase of the Kelley property at 129 N.E. 9t~ Avenue in the Heart of Boynton. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. Mr. Hutchinson announced, for the record, that he had received notification that Board member Larry Finkelstein had resigned effective 2:00 p.m. on the date of this meeting. III. Agenda Approval Motion Mr. Fenton moved to approve the agenda as presented, seconded by Mr. DeMarco, and unanimously passed. IV, New Business Consideration of Contract for Kelley Property in the Heart of Boynton Area Mr. Hutchinson explained that there were deviations from the standard contract and that this was why the Board had been called to this special meeting. The first deviation was that the property was occupied and the renters would have to be given a short-term /ease, since the CRA wished to act quickly to acquire this property, in order to forestall a foreclosure. Also, under the Uniform Relocation Act, the renters would be eligible for a relocation entitlement of $6,307. I2. 5473 Meeting Minutes Special Community Redevelopment Agency Meeting Boynton Beach, Florida 3une 25,2004 A third deviation was uncovered in a title search inquiry that the Kelley property was inextricably associated with an adjoining vacant lot by Un/b/of 77t/e and must be included in the purchase, if the Board wished to proceed with acquisition of the Kelley property. Ms. Barbara Matlack, Senior Realty Specialist at The Urban Group (TUG), came to the podium to answer questions. Contract for Kelley Property Chair Heavilin said that in reading the contract, there was a 90-day assurance period. She asked how this related to the lease, and the response was that the lease was for 90 days. /Vis. Hatlack said if approved, TUG would be presenting Sam Kelley, Jr. and his son with a Statement of Eligibility for relocation and they would be issued a 90-day letter at that time, either on the day of closing or before. Chair Heavilin confirmed that this was only being done as an exception and because of the short timeframe. She did not want to start offering leases on the property acquisitions. Ms. Matlack said that this would not be an issue in the future. Short Term Lease The Board expressed some concerns about the lease situation and the fact that they had not seen the lease. Mr. Hutchinson stated that it included all the usual items such as the necessity of providing insurance, rental amount, and so forth. The Board Attorney had reviewed the lease and found it acceptable. Chair Heavilin stated that she hoped there was a substantial security deposit involved in case they did not vacate in time. Ms. Matlack said that a security deposit was not normally required on this kind of lease. TUG would be issuing a 30-day notice to vacate 60 days after the 90~day letter was issued to remind the tenants. TUG would prepare eviction proceedings should that become necessary. She assured the Board that the property would be vacated. Mr. Hutchinson stated that by conforming to the letter of the law in regard to the Uniform Relocation Act, the rights of both sides would be protected. Ms. Matlack confirmed this. Chair Heavilin was concerned about extra costs to the CRA if the property were not vacated expeditiously, and Ms. Matlack stated that TUG was prepared to vacate the property at the expiration of the 90-day period. Mr. Hutchinson commented that this was a service for which the CRA paid TUG. Relocation Costs for Renters Mr. Fenton did not understand why the CRA would be paying relocation assistance to tenants who had not been paying rent. Ms. Matlack responded that the tenants did pay costs associated with living at the residence. Since they were not owners, they were considered tenants under the Uniform Relocation Act, and were eligible for relocation payments. Mr. Fenton asked for and received confirmation that the payment was based on comparables. Ns. IVlatlack said that when an actual rent was not available, they established an economic rent and compared it to available housing in the area. The difference over 42 months equaled the amount of the replacement housing payment. $474 2 Meeting Hinutes - Special Community Redevelopment Agency Meeting Boynton Beach~ Florida 3une 25,2004 Chair Heavilin asked for clarification of the 42 months comment. Ms. Matlack said that the Uniform Relocation Act specified supplementing any difference in rental costs and utilities for a period of 42 months. Chair Heavilin rephrased this in a question, saying that the CRA would have to supplement the rental costs of the current tenants for 42 months, and the response was affirmative. However, Ms. Matlack commented that this supplement equaled the $6,307.12 relocation assistance total, which could be paid in a lump sum. Chair Heavilin was concerned that this would set a precedent, where everyone would come forward saying that their property had tenants so they could get these relocation costs. She asked if there were a qualifying mechanism that would protect the CRA from paying unnecessary costs. Ms. Matlack stated that this would not happen again. Among the properties slated for purchase, there was only one more owner/occupant of a residence, Effie Adams - Parcel 130. Otherwise, they would be dealing with tenants of properties and whatever the household configuration was, and only if they could provide verification of 90 days previous occupancy prior to initiation of negotiations. Mr. Hutchinson commented that this was projected in the Needs Assessment Study that was done and in regard to the budget, was in line with the findings of the Needs Assessment. Mr. Hutchinson also did not want to pay more than the CRA's fair share. Chair Heavilin asked Ms. Matlack if Ms. Kelley required the full 90 days to relocate, and Ms. Matlack responded that she might not. Mr. Hutchinson stated that the lease had to cover up to 90 days because she was entitled to "up to 90 days" under the terms of the Uniform Relocation Act. Mr. Fenton asked when the check would be cut for the relocation entitlement. Mr. Hutchinson stated that the CRA would be billed for that by TUG. Ms. Matlack said they had to locate replacement housing that was "decent, safe, sanitary, and inspected by TUG." At that point in time, verification of their housing costs would be made and compared to the entitlement. Mr. Hutchinson elaborated that this was a maximum amount. They had to prove their expenses up to that amount. If it were over that, it was up to them. If it were less than that, the CRA would get money back. Hs. Matlack elaborated on this, saying that the No. 1 comparable was Los Mangos at $850 plus utilities or $1,050. The $1,050 was the threshold and they had to meet this expenditure requirement in both rent and utilities and if they did not, it would be deducted accordingly. Purchase of AdJoining Lot The appraised value of the contiguous vacant lot was $12K. Mr. Barretta asked for and received confirmation that the two purchases were contingent upon one another. Chair Heavilin inquired about the dimensions of the lot. Ms. Matlack advised that the lot encompassed 5,775 square feet and the dimensions were 50 ft. x 115 ft. The secondary contract was distributed to the Board members. Hr. Hutchinson stated that the Unity of Title issue had only come to light in a title search that morning. Chair Heavilin expressed dismay about the Unity of Title issue not being discovered much earlier. She felt that staff and/or TUG should have been aware of this. Mr. Hutchinson 5475 3 Meeting Minutes -' Special Community Redevelopment Agency Meeting Boynton Beach, Florida June 25~ 2004 said that the bulk of the properties that CRA planned to purchase were non-conforming, with very few residential properties, and the titles had been set up with the non-conforming properties in mind. While they hoped this would have been identified earlier, this was an unusual provision in an unusual closing. Chair Heavilin stated that before she wrote a purchase contract, she checked public records and documents to make sure that there were no surprises. She thought it was sloppy and she trusted that it would not happen again. Ms. Matlack said that they had a blanket order for title searches on all the properties. Mr. Hutchinson commented that this was a unique, first-time situation and that they had put a provision in place that would not allow this to happen in the future. Mr. DeMarco asked if there were any other hidden costs of which the Board was unaware. Mr. Hutchinson had a meeting with TUG and he believed that the elements that had been presented to the Board were the only elements that would arise. The survey, phase one environmental, and appraisals were all done in blanket fashion. In the future, when each of the projects came before the Board, they would be packaged with the Acquisition Offer, the Relocation Elements, the Moving Elements, and any other pertinent information. By the Board's July 13 meeting, there would be additional packages presented for review and approval. Chair Heavilin asked how making the two properties contingent upon each other for title reasons would affect the timeframe and the June 29 deadline with the mortgage holder. Mr. Hutchinson stated that if the Board approved it at this meeting, Attorney Payne would double check the documents and be ready to move forward immediately. Motion Mr. Fenton moved to approve the purchase of the Kelley property for $135K to TUG plus $6,307.12 for the relocation entitlement and $12K for the adjacent lot. Vice Chair 'rillman seconded the motion that carried unanimously. Motion Mr. Fenton moved to approve the 90-day lease for the tenants currently occupying the Kelley property. Vice Chair Tillman seconded the motion. Chair Heavilin asked what the tenants would be paying for rent under this lease. Ns. Matlack stated that they had come up with a nominal rent of $350 a month in order to make sure that the relocation occurred on a timely basis. This figure was also chosen so that they could include the cost of renter's insurance and liability insurance, including the liability coverage for the City and the CRA, along with utility payments and maintenance on the house. Chair Heavilin asked for an estimate of the tenant's total expenses, and Ms. Matlack did not have a figure off hand. Ms. MaUack commented that the rent had been set to facilitate the relocation. Chair Heavilin was still concerned about setting a precedent. Vote The motion passed unanimously. 5476 4 Meeting Minutes -.-'- Special Community Redevelopment Agency Meeting Boynton Beach, Florida 3une 25,2004 V. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 5:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (062804) 5477 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: July 1, 2004 INCOME STATEMENT NOTES We received $3,304.51 in interest from the Money Market Account this month. Staff has contacted our representative at Sun Trust Bank in reference to the Iow interest received. Staff will report the results to the CRA Board. We had three payrolls in the mOnth of June and paid payroll taxes for May and June in the month of June, due to timing issues. BALANCE SHEET NOTES Accounts Payable includes the following expenses incurred: Baker Leisure Group $30,000 and Sun Trust Visa Card $247.97. These expenses will be paid by July 15, 2004. Accrued Liabilities include the following; Accrued Compensated Time Off $13,824.64, Accrued Retirement $140.00, Accrued Salaries ($514.59) and Accrued Health Insurance ($948.10). BUDGET TO ACTUAL COMPARISON NOTES The Year to Date Total column includes income and expenses, approved by the CRA Board to date. 5478 which have been The Current Period includes the beginning balance of all accounts as of the first of the month. Current Revenues received this month include $3,304.25 in interest. Currently the % of budget remaining should be 25% of the total approved budget. The following categories are below or above the 25% 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. Legal Expense - Under, due to Goren, Cherof, Doody & Ezrol has not billed for services for June 2004. 4. City Staff - Under, due to decline in second meetings and workshops for the past three months. 5. Maintenance & Cleaning - Over, due to unforeseen needs for printer maintenance. Staff is requesting a Balance Transfer to cover shortfall. 6. Phone Expense - Under, due to reduction in plans on the cell phones and a change in 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 - Over, due to cost of the renewal was higher than budgeted and fee must be paid up front. This is a yearly expense not monthly expense. Staff is requesting a Balance Transfer to cover shortfall. 9. Promotional / Business Meetings, CRA Meeting / Presentations, Association Meeting - Under, due to staff utilizing the conference room for more meetings. 10.©ffice Expense - Under, due to efficient purchases of CRA BOard and Office Supplies. 5479 11.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. Additionally, Staff is requesting a Balance Transfer to cover shortfall. 12. Licenses, Fees, Permits - Under, due to costs do not occur at given intervals. 13.Advertising - Under, due to costs do not occur at given intervals. 14. Career Development - Under, due to costs do not occur at given intervals. 15. Miscellaneous Expense - Under, due to costs do not occur at given intervals. 16. Debt Service - CRA has not incurred additional debt to date. 17. Office Leasehold Improvements - Under, due to costs do not occur at given intervals. 18. Website Update / Expansion - Under, due to website is under construction now. 19. Printing & Promotional Program - Under, due to annual reports are under construction now. 20. Police & Trolley Program - Under, due to in the development stage. Staff is requesting a Balance Transfer to remove Trolley Program, which will start in 2004/2005 Fiscal Year. 21. 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 Colonial Condo. Assoc Scully Burgers 22. Economic Development Grants - at this time. APPROVED ECONOMIC GRANTS Yellow Beard D/B/A Boynton Seafood Innovative Windows Concepts Delray-Boynton Academy $15,000.00 $15,000.00 $30,000.00 $15,000.00 $10,489.00 Under, due to; existing grants are not complete $10,000.00 $25.OOO.OO $5o,ooo.oo 23. Riverwalk/Promenade Project- Under, due to timing of construction, which has begun. 24. HOB Commercial Improvements - Under, due to project has just started. 5480 25. Marina Parking Garage - Under, due to project has not started yet. 26. CDC Parking Garage - Under, due to project is in development. 27. Savage Creatures Complex - Under, due to Feasibility Study has just started. 28. Miscellaneous Project - Under, due to the Mass Model Project has just started. Staff is requesting an extension of this contract. 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 *The Urban Group $5,608,258.45 $2,OOO 000.00 $ 55 000.00 $ 2O 000.00 $ 51 847.36 $ 9 950.O0 $ 9 950.O0 $1,050 000.00 $ 75 000.00 $ 36 000.00 $ 25.000.00 $ 150000.00 $ 251 160.00 $ 104000.00 $ 180878.59 Note: * items are not to exceed contracts APPROVED CONTRACTS Paid to Date Bu rkhardt Construction Arches Baker Leisure Contract RBC Dain Rauscher Guidance Pathways Jack of Arts Jack of Arts Marina Village Parking $ 822,365.78 $ .oo $ 10,162.30 $ .oo $ 46,215.42 $ 4,975.00 $ 4,975.00 $ .oo 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 BIvd Phase 1 Boynton Beach BIvd Phase 2 Master Plan Construction Manager Traffic Study 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 5481 RMPK Group RMPK Group RMPK Group RMPK Group Jonathan Ricketts TCEA The Urban Group $ 37,500.00 $ 36,000.00 $ 13,300.00 $ 10,277.16 $ 18,668.42 $ 76,000.00 $ 20,520.89 Design Guidelines Boynton Beach Blvd Phase 1 Boynton Beach Bird Phase 2 Master Plan Construction Manager Traffic Study Acquisition of Targeted Sites, Needs assessment & Apparels 5482 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds June 30, 2004 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 $ $ $ $ 6,134,222.45 2,391.57 $ $ $ $ $ 869,209.96 1,000.00 13,725.68 (4'226'07/ 7,016,323.59 $ 30,247.97 $ 12,501.95 $ 2,752,345.10 $ 2,795,095.02 $ 3,295,835.16 $ 925,393.41 $ 4,221,228.57 $ 7,016,323.59 5483 June 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 INCOME STAT-EMENT Current YTD Current Total $0.00 $2,517,634.74 $2,517,634.74 $0.00 $2,517,634.74 $2,517,634.74 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,304.25 $43,015.61 $46,319,86 $3,304.25 $43,015.61 $46,319.86 $0.00 $4,170.00 $4,170.00 $0.00 $4,170.00 $4,170.00 $3,304.25 $2,564,820.35 $2,568,124.60 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 Facade 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 INCOME STAT-EMENT Current $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo YTD $64,715.95 $86,162.08 $o.oo $o.oo $o.oo $150,878.03 $0.00 $146.58 $o.oo $o.oo $o.oo $o.oo $o.oo $2.00 $o. oo $148.58 $9,950.00 $979.60 $0.00 $0.00 $27,314.00 $o.oo $18,253.00 $9,750.00 $o. oo $66,246.60 $152,599.19 $11,462.63 $2,700.00 $0.00 $0.00 $30,000.00 $o.oo $196,761.82 $669,766.59 $7,058.26 $43,515.42 $o.oo $o.oo $10,162.30 $o.oo $730,502.57 $23,415.00 $1,832.22 $153.31 $300.00 $301.53 $245.75 $1,483.66 $129.52 $o.oo $365.57 $27,626.25 $872.10 $160.00 $o.oo $2,240.00 $467.13 $206.56 $725.50 $o.oo $136,753.87 $8,623.10 $1,183.90 $740.00 $6,261.44 $1,000.06 $12,287.71 $228.71 $5,975.00 $2,907.26 $153,168.00 $43,149.77 $2,526.06 $10,445.00 $9,031.41 $3,839.09 $1,382.37 $2,559.00 $o.oo Current Total $64,715.95 $86,162.08 $o.oo $o.oo $o.oo $150,878.03 $9,950.00 $1,126.18 $o.oo $o.oo $27,314.00 $o.oo $18,253.00 $9,752.00 $o.oo $66,395.18 $822,365.78 $18,520.89 $46,215.42 $o.oo $o.oo $40,162.30 $o.oo $927,264.39 $160,168.87 $10,455.32 $1,337.21 $1,040.00 $6,562.97 $1,245.81 $13,771.37 $358.23 $5,975.00 $3,272.83 $180,794.25 $44,021.87 $2,686.06 $10,445.00 $11,271.41 $4,306.22 $1,588.93 $3,284.50 $o.oo Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment / Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application INCOME STAT-EMENT Current YTD $106.32 $748.91 $27.95 $210.20 $261.85 $2,094.80 $697.66 $1,902.81 $0.00 $1,074.92 $0.00 $142.23 $0.00 $4,542.10 $35.79 $687.00 $415.38 $2,215.36 $524.98 $6,422.99 $73.75 $713.17 $107.90 $1,567.79 $0.00 $273.76 $536.00 $2,009.48 $0.00 $332.50 $0.00 $634.50 $110.00 $1,356.79 ($692.93) $4,210.27 $9.38 $140.97 $233.91 $1,871.28 $0.00 $7.97 $62,972.04 $435,213.58 $259,882.44 $1,382,840.78 ($256,578.19) $1,181,979.57 Current Total $855.23 $238.15 $2,356.65 $2,600.47 $1,074.92 $142.23 $4,542.10 $722.79 $2,630.74 $6,947.97 $786.92 $1,675.69 $273.76 $2,545.48 $332.50 $634.50 $1,466.79 $3,517.34 $150.35 $2,105.19 $7.97 $498,193.59 $1,642,731.19 $925,393.41 June 30,2004 Beginning Balance mo. venues : Taxes ~rant Funding Interest Income Other Income Total Revenue Expenditures Personnel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term/Long Term Disability Workers Comp Health Insurance Life Insurance Total Personnel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total r ,ment Leases Expenses Insurance Property/General Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel/Entertainment Expense Promotional/Business Meetings CRA Meeting/Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Office Expense Office Supplies Total Office Supplies Licenses, Books, Publlcatlon Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publlcatl, Advertising & Public Notices Career Development Office Printing Expense I~lis,'~qaneous Expense Community Redevelopment Agency of Boynton Beach Amended Year To - * Current YTD 2003/2004 2003/2004 Date Period Totals Including Budget Budget Totals June Current Month 4,751,917.00 5,207,162.00 5,207,162.00 6,394,418.12 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 43,015,61 3,304.25 46,319.86 28,680.14 38% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 7,188,075.00 2,449,597.00 2,560,650.35 3,304.25 2,563,954.60 28,680.14 207,500.00 207,500.00 136,753.87 23,415.00 160,168.87 15,563.00 15,563.00 8,623.10 1,832.22 10,455.32 9,375;00 9,375.00 740.00 300.00 1,040.00 0.00 2,000.00 1,183.90 153.31 1,337.21 1,824.00 1,824.00 2,243.57 185.24 2,428.81 16,800.00 16,800.00 12,287.71 1,483.66 13,771.37 540,00 540.00 228.71 129.52 358.23 251,602.00 253,602.00 162,060.86 27,498.95 189,559.81 44,000.00 76,742.00 43,149.77 872.10 44,021.87 6,000.00 6,000.00 2,907.26 365.57 3,272.83 170,000.00 219,511;00 153,168.00 27,626.25 180,794.25 7,500.00 7,500.00 5,975.00 0.00 5,975.00 2,800.00 2,800.00 2,526.06 160.00 2,686.06 13,360.00 13,360.00 10,445.00 0.00 10,445.00 243,660.00 325,913.00 218,171.09 29,023.92 247,195.01 14,112.00 14,112.00 9,031.41 2,240.00 11,271.41 7,800.00 7,800.00 3,839.09 467.13 4,306.22 1,875.00 1,875.00 1,382.37 206.56 1,588.93 23,787.00 23,787.00 14,252.87 2,913.69 17,166.56 4,356.00 4,356.00 2,559.00 725.50 3,284.50 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 1,902.81 697.66 2,600.47 3,000.00 3,000.00 1074.92 0.00 1,074.92 504.00 504.00 142.23 0.00 142.23 6,735.00 6,735.00 4,542.10 0.00 4,542.10 1,080.00 1,080.00 687.00 35.79 722.79 3,600.00 3,600.00 2,215.36 415.38 2,630.74 47,331.13 23% 5,107.68 33% 8,335.00 89% 662.79 33% -604.81 -33% 3,028.63 18% 181.77 34% 64,042.19 25% 32,720.13 43% 2,727.17 45% 38,716.75 18% 1,525.00 20% 113.94 4% 2,915.00 22% 78,717.99 32% 2,840.59 20% 3,493.78 45% 286.07 15% 6,620.44 28% 1,071.50 25% 61.43 4% -22.26 -6% 990.23 25% 1,029.40 18% 2,199.53 46% 1,925.08 64% 361.77 72% 2,192.90 33% 357.21 33% 969.26 27% 19,719.00 19,719.00 10,564.42 1,148.83 11,713.25 8,005.75 41% 1,500.00 1,500.00 713.17 73.75 786.92 713.08 48% 7,500.00 7,500.00 6,422.99 524.98 6,947.97 552.03 7% 9,000.00 9,000.00 7,136.16 598.73 7,734.89 1,250.00 1,250.00 273.76 0.00 273.76 3,316.00 3,316.00 2,009.48 536.00 2,545.48 500.00 500.00 332.50 0.00 332.50 1,265.11 14% 976.24 78% 770.52 23% 167.50 34% 5,066.00 5,066.00 2,615.74 536.00 3,151.74 1,914.26 38% 4,000.00 4,000.00 634.50 0.00 634.50 3,365.50 84% 4,000.00 4,000.00 1,356.79 110.00 1,466.79 2,533.21 63% 4,500.00 4,500.00 4,210.27 -692.93 3,517.34 982.66 22% 500.00 500.00 148.94 9.38 158.32 341.68 68% 5487 Debt Service Principal Payment Interest Expense Debt Issue 1 Sinking Fund Issuance Cost Total Debt Service Operating Expense 2003/2004 Budget 134,925.23 182,372.73 200,000.00 20,000.00 60,000.00 597,297.96 1,173,175.96 Amended 2003/2004 Budget Year To Date Current Period Totals .... June YTD Totals 03/04 Including Current Budget Month Remaining 134,925.23 64,715.95 0.00 64,715.95 182,372.73 86,162.08 0.00 86,162.08 200,000.00 0.00 0.00 0.00 20,000.00 0.00 0.00 0.00 60,000.00 0.00 0.00 0.00 597,297.96 150,878.03 0.00 150,878.03 1,257,428.96 579,247.27 81,872.07 841,119.34 70,209.28 52% 96,210.65 53% 200,000.00 100% 20,000.00 1009 60,000.00 100% 446,419.93 75% 616,309.62 5488 2003/2004 Budget PROGRAMS Office Equipment/Furniture 'ce Leasehold Improvements ~, =D Site UpdateJExpanslon 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 Facade Grants 100,000.00 Economic Development Grants 50,000.00 PROJECTS Riverwalk/Promenade Projects HOB Com m erclal/Improvements Way-Finding Slgnage Marina Parking Garage CDC Parking Site Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES 7,029,675.96 Total Reserve Balance Before DE 158,399.04 f- jsed Bonds 2,000,000.00 TOTAL RESERVE BALANCE 2,158,399.04 2,500.00 1,500.00 10,000.00 17,500.00 Amended Year To Current 2003/2004 Date Period Bud~let Totals June YTD 03/04 % of Totals Including Budget Budget Current Month Remaining Remainin~l 2,500.00 1,567.79 107.90 1,675.69 1,500.00 0.00 0.00 0.00 35,000.00 9,950.00 0.00 9,950.00 17,500.00 979.60 146.58 1,126.18 175,000.00 0.00 0.00 0.00 175,000.00 0.00 0.00 0.00 2,150,000.00 0.00 50,000.00 1,050,000.00 1,750,000.00 75,000.00 50,000.00 350,000.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 50,000.00 23,144.00 0.00 23,144.00 150,000.00 18,253.00 0.00 18,253.00 50,000.00 9,750.00 2.00 9,752.00 2,150,000.00 669,766.59 152,599.19 822,365.78 846,600.00 7,058.26 12,462.63 19,520.89 60,451.00 43,515.42 2,700.00 46,215.42 1,050,000.00 0.00 0.00 0.00 1,750,000.00 0.00 0.00 0.00 75,000.00 10,162.30 30,000.00 40,162.30 50,000.00 0.00 0.00 0.00 8,045,979.96 1,373,394.23 259,890.37 1,633,284.60 . -3.89,220.96 6,394,418.12 6,137,832.00 6,137,832.00 2,000,000.00 0.00 0.00 0.00 6,394,418.12 6,137,832.00 1,610,779.04 6,137,832.00 824.31 33% 1,500.00 100% 25,050.00 72% 16,373.82 94% 175,000.00 100% 175,000.00 100% 350,000.00 100% 150,000.00 100% 26,856.00 54% 131,747.00 132% 40,248.00 80% 1,327,634.22 62% 827,079.11 98% 14,235.58 24% 1,050,000.00 100% 1,750,000.00 100% 34,837.70 46% 50,000.00 100% 6,412,695.36 5489 BEGINNING CASH BALANCE REVENUES 'nterest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson Douglas Hutchinson Douglas Hutchinson Texas CS Unit Texas CS Unit Texas CS Unit Susan Vielhauer Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Annette Gray Garine Ghazarian Garine Ghazarian Garine Ghazarian Total Salaries Expense Payroll Taxes 941 taxes May 941 taxes June Total Payroll Taxes Health Insurance Expense Aetna Health Insurance Comp Dent Corporation Aetna Health Insurance (July) Total Health Insurance Expense Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Lord Abbot Lord Abbot Total Retirement Expense ST & LT Disability The Principal Financial Group The PrincipaJ Financial Group Total ST & LT Disability Workers Compensation Florida Retail Foundation '" 'al Workers Compensation l:'rofessional Fees - Legal Goren, Cherof, Doody & Ezrol Total Professional Fees - Legal STATEMENT OF CASH FLOWS $ 3,304.25 $ 3,304.25 5490 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,801.78 1,801.78 1,801.78 461.54 461.54 461.54 1,339.62 1,339.62 1,339.62 1,312.22 1,312.22 1,312.22 817.82 817.82 817.82 5,015.44 7,523.16 2,114.41 52.48 2,114.41 129.52 200.00 200.00 200.00 153.31 153.31 185.24 872.10 $ 17,198.94 $ 12,538.60 $ 4,281.30 $ 129.52 $ 600.00 $ 306.62 $ 185.24 $ 872.10 $ 6,376,925.91 $ 6,380,230.16 Printing/Promotions Blue Water Graphics Total Printing/Promotions Professional Fees - Contracted RMPK Group Kimley-Horn Associates, Inc Jonathan Ricketts, Inc. Total Professional Fees - Contracted Professional Fees - City Clerk City of Boynton Beach Total Professional Fees - City Clerk Professional Fees - Maint. & Cleaning Green Team Pest Control Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Equipment Leases Pitney Bowes Imagistics Imagistics Total Equipment Leases Office Printing Jack of Arts Total Office Printing Rent Expense Gene Moore rent July Total Rent Expense Electric FPL (May) FPL (June) Total Electric Expense Telephone Cingular Wireless FDN Communications (May) FDN Communications (June) Bell South Total Telephone Expense Promotional/Business Meetings Economic Luncheon Meetings Chamber Economic Luncheon (May) Total Promotional/Business Meetings Membership & Subscriptions Sun Sentinel IDA Total Membership & Subscriptions Career Development FGFOA Total Career Development Mileage & Delivery Fed Express Fed Express Total Mileage & Delivery Office Expense Aqua Springs & Coffee 5491 $ 473.00 $ 4,877.16 $ 9,200.00 $ 9,616.46 $ 365.57 $ 20.00 $ 140.00 $ 349.79 $ 351.28 $ 260.00 $ 1,120.00 $ 187.06 $ 206.56 $ 68.12 $ 201.38 $ 179.01 $ 220.00 $ 18.00 $ 828.98 $ 19.47 $ 43.55 $ 536.00 $ 110.00 $ 115.48 $ 35.79 $ 73.75 $ 473.00 $ 23,693.62 $ 365.57 $ 160.00 $ 701.07 260.00 $ 1,120.00 $ 393.62 $ 668.51 $ 866.45 $ 57g.55 $ 110.00 $ 151.27 Total Office Expense Office Supplies Symantec Company Virus Software Office Depot Office Depot SoJd Disk .'otal Office Supplies Economic Grant Parking for Grant Meeting. Total Economic Grant Way Finding Signs Guidance Pathways Guidance Pathways Total Way Finding Signs BBB/Riverwalk/Promenade Burkhardt Construction Total Festivals & Events HOB The Urban Group Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES ~--~107.90 706.15 4.43 (100.00) $ 2.00 $ 2,745.00 $ 2,700.00 $161,650.87 $ 12,462.63 $ 73.75 $ 718.48 $ 2.00 $ 5,445.00 $ 161,650.87 $ 12,462.63 $ 246,007.71 $ 6,134,222.45 5492 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Budget Transfer Request DATE: July 13, 2004 Staff is recommending the approval for the following Budget Transfer request in the following budget categories for approval at the July '13, 2004 CRA Board meeting. Staff is requesting an increase of $3,213 within six budget line items; however, we are adding $289,825 into the budget reserve category. The Budget Transfer Requests are being adjusted for the following reasons: The Tax Increment Financing revenue was calculated at an 11% appreciation projection for budgeting purposes in the 2003-2004 budget. The final tax rolls were posted in March 2004. The CRA received $143,038 for the City of Boynton Beach and Palm Beach County. The CRA has just completed a Workers Compensation Audit and passed, however, the Workers Compensation Budget Category was created in July 2003 based upon projected salaries and positions were underestimated. We are requesting an increase of $500 to cover the shortfall. The Life Insurance Category was calculated in the 2003-2004 budget at $15 per month per employee or a cost of $45 per month. The actual rate is $71.59 per month and based upon projected expense, this category will be $104 short for the 2003-2004 budget year. We are requesting an increase of $104 to cover the shortfall. 5493 The Maintenance & Cleaning Category was originally calculated without the lawn mowing for the Relax Inn, which was required but unknown at the time. We are projecting $160 per month for cleaning and pest control as well as two printer cleanings. We are requesting an increase of $550 to cover the shortfall. The Bond & Liability Insurance Category had a 6% increase higher than projected. We are requesting an increase of $23 to cover the shortfall. The Office Supply Category has a shortfall of $1,500 and staff is recommending an increase to cover office supplies that will be needed to run the office until Fiscal Year 2003-2004 ends. Staff is recommending the CRA join the International Downtown Association, which was not calculated into the 2003-2004 budget. We are requesting an increase of $536 to cover this membership. The Trolley Pilot program will not be brought in front of the CRA Board until September 2004. We are requesting a decrease of $150,000 in this budget line item. Marketing & Promotions is a new category, which is included in the 2004-2005 budget. This category is being added at this time so we can order the CRA Shirts and Hats, which Staff has approved. 5494 BUDGET TRANSFER REQUEST CRA Board From: CRA Staff Date: July 13, 2004 * Bud~let Data Only Adjustment Resulting Present Increase Adjusted Number Description Bud~let (Decrease) Budget BEGINNING BALANCE ,, 1 Beg inning Balance 5,207,162 0 5,207,162 2 TIF Funding 2,374,597 143,038 2,517,635 EXPENSES 2 Workers Compensation 1,824 605 2,429, 3 Life Insurance 540 104 644 3 Maintenance & Cleaning 2,800 550 3,350. 4 Bond & Liability Insurance 350 23 373 5 Office Supplies 7,500 1,500 9,000 6 Membership & Subscriptions 3,316 536 3,852 7 Trolley 150,000 (150,000) 0 8 Marketing & Promotions 0 2,000 2,000 9 :{eserve Before Debt Issuance (389,221) 289,720 (99,501 * Use Whole Dollars Only CRA Director: 5495 Memo To: From: Date: Re: According CRA Board Susan Vielhauer June 18, 2004 Consideration of FaCade Grant Extension for St. Mark's Church to the Fa~;ade grant Program, the applicant must request a six-month extension if they will not be completed within the grant period of six months. This six- month extension period shall begin on August 10, 2004, which is the official date the grant ends. St. Mark Church demolished the original church in May 2003 to pave the way for a new 17,500 square foot new building with state of the art lighting and sound systems. The total cost of the new building was $3,186,000, which the CRA agreed to fund a grant of $15,000 for the Parking Lot section of the total project at a cost of $128,492. The parking area is one of the final components of the construction. The project will be completed by November 2004. Staff is recommending the extension of the FaCade grant of $15,000 for St. Mark Church. 5496 ST. MARK CATHOLIC CHURCH Franciscan Friars 643 NORTHEAST FOURTH AVENUE BOYNTON BEACH, FLORIDA 33435-4196 (561) 734-9330 June 18, 2004 Mr. Doug Hutchinson City of Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue Boynton Beach FL 33435 Dear Mr. Hutchinson: Please consider this letter as a formal request for a six (6) month time extension to the CRA grant for St. Mark Church. As was stated in our original proposal, the Grant is for the parking lot improvements and that is one of the final construction items at the end of the project. We are making good progress with the building and are still on target to meet our completion date of November 2004. If any additional information is need, please advise. Sincerely, Fr. Mark A. Szany~ Pastor 5497 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Mass Modeling Extension from 60 to 180 days for Reelization, Inc.' DATE: June 16,2004 Rafael Tapanes, owner of Reelization Inc., is requesting an extension on their contract, which will allow them to complete their project. Staff has attached their letter as to their progress as well as problems they have encountered for your review. Legal Staff has reviewed the amendment to the contract and has approved the changes. Staff is recommending the CRA Board approve the extension for 60 days to 180 days. 5498 InC June 17, 2004 Ms. Susan Vielhauer City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Re: Request for Extension of Contract Central Business District Massing Model Dear Ms. Vielhauen As per our telephone conversation of today, we hereby respectfully request an extension of our contract for scale model services for the Boynton Beach Central Business District for a period of 6-8 weeks for the following reasons: We need this additional time to allow the project architects to submit the proposed projects so we can incorporate them into the model. Commencement on the model did not begin immediately after approval of the contract was given as we were waiting to receive the CAD information from the GIS Department in order to begin drafting the site for our model construction. In all respects the commencement date should reflect June 1, 2004, since that is the date when we were able to start production. We encounted a lot of miscommunication with the GIS office even though they were contacted by phone and e-mail by both my staff and myself and given a detailed scope of what was need by us. The GIS office appeared confused by our request seven though they were advised by us that this matter was time sensitive and that we needed the CADD files ASAP We made numerous contacts with the amhitects on all projects but to date have only heard from the following: GIS Data Library Expansion The following architects are not cooperating. information requested but have not complied. Some of them have promised (as early as May 26th) to send us the Roger Fry for the Madna Village Quincy Johnson Architects for Coastline Building We have requested a meeting on June 25, 2004 with Mr. Hutchinson so we can present the progress of the research and illustrate all the parts of this model in a paper format before going into production in order to eliminate the possibility of errors. Thank you for your kind consideration to our request. We look forward to continuing working on the project. Sincerely, Rafael Tapanes President RT/td 5499 AMENDMENT TO THE (60) DAY CONTRACT FOR MASS MODELING SERVICES THIS IS A FIRST AMENDMENT TO AGREEMENT dated the 13t~ day of April, 2004 between: THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", And REELIZATION, INC, a corporation, authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR", In consideration of the mutual terms and condition, promises, convents, and payment hereinafter set forth, CRA and CONTRACTOR agree as follows: Section 2. is hereby amended to read as follows: 2. TIMING OF THE WORK: Ao CONTRACTOR shall use reasonable efforts subject to laws, regulations, and professional standards applicable to complete the services required in accordance with date of this agreement. B. CRA understands that the proper and timely completion of CONTRACTOR's services hereunder require the reasonable cooperation of CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the CONTRACTOR. C. CONTRACTOR agrees to be responsible for the performance of the employees of the CRA. CONTRACTOR shall complete the work no later than ~v,.,/~m One Hundred Eighty (180) days after the Notice to Proceed is given by CRA to CONTRACTOR. In the event of conflict or ambiguity by and between the terms and provisions of this First Amendment and the Original Agreement, the terms of the First Amendment shall control to the extent of such conflict or ambiguity. IN THE WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. 550O REELIZATION, INC. By: Name & Title Witness: BOYNTON BEACH CRA By: Name & Title Wimess: 5501 V. Public Audience 5502 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing 55O3 Any person who decides to appeal any decision of the Commanity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. PLANNING AND ZON1NG ITEMS TO BE INSERTED HERE WILL BE DELIVERED UPON RECEIPT * Waterside (ANNEX 04-002)- 5504 · Waterside (LUAR 04-002)- 5505 · Waterside (NWSP 04-003)- 5506 · IPUD (CDRV 04-005)- 5507 · Boynton Seafood (ABAN 04-002)- 5508 · Lake Drive North (ABAN 04-003)- 5509 · NW 8th Ave. (ABAN 03-011) - 5510 · Comprehensive Plan Text Amendments (CPTA 04-004)- 5511 · Transportation Concurrency Exception Area (CPTA 04-003)- 5512 · The Promenade (REZN 04-002)- 5513 · The Promenade (NWSP 04-009)- 5514 · The Promenade (HTEX 04-002)- 5515 · Auto Repair in Commercial Master Plans (CDRV 04-004) - 5516 · Urban Parking Requirements (CDRV 04-007)- 5517 · Non-residential uses in single-family zoning districts (CDRV 04- 008) - 5518 PLEASE INSERT INTO BOARD PACKET PAGES: 5504 5505 5510 5511 5512 5513 TO: FROM: THROUGH: DATE: PRO3ECTNAM~NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DI'VZSION MEMORANDUM NO. PZ 04-145 Chair and Members Community Redevelopment Agency Board Mayor and City Commission Dick Hudson, AICP]~ Senior Plannermpf.~.l~_/. Michael W. Ru Director of Planning and Zoning 3une 28, 2004 Waterside/ANEX 04-002 & LUAR 04-002 To annex the property, amend the Future Land Use Designation from CH/5 and MR-5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial and Multi-family Residential (Palm Beach County) to Planned Unit Development (PUD). Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PRO3ECT DESCR]:PI'J:ON Southern Homes of Palm Beach, LLC Southern Homes of Palm Beach, LLC/Carlos Ballb~-Keith & Ballb~ East side of Federal Highway north of Chukker Road (Exhibit "A'~ 7.29 acres CH~5 (Commercial High with an underlying 5 dwelling units per acre [du/ac]) and MR-5 (Medium Residential at 5 du/ac) - Palm Beach County designations Commercial General (CG) and Multi-family Residential (MR) - Palm Beach County zoning Special High Density Residential (SHDR) at 20 du/ac ];PUD Infill Planned Unit Development 113 unit townhouse community Page 2 File Number: ANEX 04-002 & LUAR 04-002 Waterside Adjacent Uses: North: Commercial use to a depth of 150 feet east of Federal Highway with CH~5 land use and CG zoning then single-family residential development designated MR-5 and zoned MR, all located in unincorporated Palm Beach County South: Right-of-way of Chukker Road, then vacant property along Federal Highway with CH/5 land use and CG zoning to a depth of 150 feet, and farther east, single family residential development designated MR-5 and zoned MR all located in unincorporated Palm Beach County East: Intracoastal waterway West: Right-of-way of Federal Highway, then developed property located in unincorporated Palm Beach County designated CH~5 and zoned CG and property in the City of Boynton Beach designated Special High Density Residential (SHDR) and zoned ]:PUD Infill Planned Unit Development EXECUI'IVE 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 l-//ghway Corr/dor Cornrnun/ty 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 1PUD zoning district. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residenUal land use in the Federal Highway corridor. BACKGROUNI;) When the Comprehensive Plan was adopted in 1989, the City included policies dealing with the future annexation of properties adjacent to its boundaries. One of the City's policies is to reduce exisUng enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing services to these enclaves Is difficult for the County, and in fact, they rely on the City, through interlocal agreements, to provide many of the services. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed Page 3 File Number: ANEX 04-002 & LUAR 04-002 Waterside 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 :[0.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classificaUon, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbdght Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adopUon, there were already 4 developments that exceeded 10.8 du/ac with densiUes ranging from 2:1 alu/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. PRO.1ECT ANALYS]:S The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of the si.ze 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. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, ,4dm/n/~ra~7'on and Enforcement, Item 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. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition 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 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. ]:n 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 consistent with applicable comprehensive p/an po/lc/es including but not limited to, a prohibition against any increase in dwell/rig un/t dens/b/exceeding 50/n the hurricane evacuation zone w/thout formu/at/on of an emergency hurricane preparedness plan, The planning department shall a/so recommend Ilmitat~'ons or requirements, which would have to be imposed Page 4 File Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the property, in order to comply with po/ides contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuaUon of small commercial uses along the corridor to residential uses, particularly those with densities greater than :[0.8 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. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: '~Oo/icy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on resident/a/land uses are least';' 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/n areas where the demand for commercial usos will not increase, partlculaHy in the Coastal Area." The subject properly is located in Planning Area V (Entrances to the City) in the Federal N(qhway Corridor Community_ Redeve/ooment P/an, which was adopted by the City on Nay 16, 200:[. 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 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. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an/sdated d/strict unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an/nd/v/dualproperty owner as contrasted with the protecffon of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densiUes greater than 10.8 du/ac. This type of 5o -1 0 Page 5 File Number: ANEX 04-002 & LUAR 04-002 Waterside 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 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 Uae, they will increase allowed residential density adjacent to existing single-family homes. c. Whether changed or changing condib'ons make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condiUon serves to make the proposed rezoning desirable. d. Whether the proposed use would be compaEble w/th ub'/ity systems, roadways, and other public fac/l/ties. Trip generation analyses for the property were prepared by the applicant's traffic consultant, utilizing two scenarios; the first if the property is redeveloped under current land use and zoning, the second if the property is developed under the requested land use and zoning. Under the first scenario, the daily trips generated total ~,,346 with a PM peak hour total of 399 trips. Under the second scenario daily trips would total 723 or 3,623 fewer trips and 332 fewer PM peak hour trips. According to link analysis, preformed by Kimley-Hom and Assodates 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 (AAD'I') for the year 2003 at 22,772 trips. Estimates, based on the City's adopted Levels of Service, indicate that total potable water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (gpd) and sewage flow demand will be approximately 21,866 gpd. Hore exact calculaOons of these demands will be made at the time of building permit applicaUon submittal. The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County UUIities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project. Sufficient wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. According to a review by Fire-Rescue personnel, to meet the increased demand, additional resources are required such as personnel, apparatus, and equipment. ]~t is imperaUve that Fire Station #4 be completed and in service by the time these new projects are completed and Page 6 File Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Fire StaUon #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a back-up in the northwest quadrant and in the downtown corridor of the City. StaUon # 4 is scheduled for completion in 2005; however, Station #5 is in the early planning stages and no compleUon date has been scheduled. It is important that Station #1, as currently located, remains in operation as the first response station for downtown projects such as this. This situation also increases the potential for mass casualty events when large numbers of people occupy confined areas. This is becoming more prevalent in many areas of the city. Every added new commercial and multi-family structure increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added in the past several years, inspection staff has decreased. This situation has reached a point that may soon require changes in our inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant rites in these occupancies for several years. New development projects involving multi-family or high-density commercial projects should be approved contingent upon consideration of future upgrades in emergency dispatch capability. These enhancements include new technology related to CAD, GZS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in Ume to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department is undermanned and over tasked and any significant tasking (addiUonal commercial and multi-family occupancy) will undoubtedly have a negaUve impact on our ability to provide adequate service unless immediately able to compensate for the shortfall in personnel. Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls in 2000. This is a 14% increase in an already impressive call volume for a city of a little over 60,000. It should also be noted that the department has also increased arrests by 25% since 2000. The Police Department recommends, "that proposed significant increases in our business and civilian population be tied to the addition of officers on the force." 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. The School District estimates that the project will generate 9 elementary school students, 5 middle school students and 7 high school students. Currently, Rolling Green Page 7 File Number: ANEX 04-002 & LUAR 04-002 Waterside Elementary School is at 97% capacity, Odyssey Middle School is at 84% capacity and Boynton Beach High School is at 102% capacity. Lastly, drainage is being 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 rezon/ng would be compaq'hie w/th the current and future use of adjacent and nearby proper~'e~, or would affect the property va/ue~ of adjacent or nearby properties. The proposed rezoning will be compaUble with adjacent and nearby properties, and will only serve to increase the value of these properties. Although pockets of single-family homes will remain in the immediate area, the quality of the proposed project will increase the values of the subject and nearby properties. Further, despite the immediate contrast between dwelling units and density, this contrast is characteristic of the entire waterfront corridor. f. Whether the property is physically and economically developable under the exist/ng zoning. The property is currenUy vacant and most probably could be developed; however, with annexation into the City, the Palm Beach County zoning must be changed to a City of Boynton Beach zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronUng on Federal Highway could be developed under C-3 Commercial zoning. The remaining portion of the property, currenUy zoned MP,5, could also be redeveloped as single-family residential. This would forego the opportunity to have the property redeveloped under a unified development plan. g. Whether the proposed rezoning /s ora scale wh/ch /s reasonably related to the needs of the ne/ghborhood and the c/b/ 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 elsewhere/n the c/ty for the proposed use,/n d/st/Cc-ts where such use/s already allowed. In accordance with the definition of the Spec/a/H/gh Dens/ty Res/denb'a/land use designation in Policy 1.16.1 of the Future Land Use Element, residenUal 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 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. Page 8 File Number: ANEX 04-002 & LUAR 04-002 Waterside MASTERISITE PLAN ANALYS]:S The :[PUD 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/H/ghway Corr/dor Con~rnun/ty Redeve/oprnent Plan"Study Areas T and V. (The site for Waterside 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 ]:PUD must be accompanied by a detailed master plan or site plan. ]:n this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows 113 fee-simple townhouses of two and three stories arranged fronting on two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to 3,670 square feet. 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 are 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, and the applicant proposes a density of 15.5 du/ac. A recreation area of approximately 0.85 acre will be located fronting on the Intracoastal Waterway. The proposed three-story recreation building would include a pool area, and a clubhouse of approximately 5,000 sq. ft. that includes a third floor gym and clubroom and a second floor ballroom elevated over a first floor covered breezeway, which allows ground-level views of the Intracoastal Waterway. 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. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). The proposed site plan meets all of the expectations of the ]:PUD zoning district. CONCLUSZONS / RECOHHENDA'IIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan. The additional impacts on infrastructure and services resulting from this project are to be expected with redevelopment and revitalization activities. The proposed project will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ]:f the Planning and Development Board recommends or the City Commission requires conditions, they will be included within Exhibit "B". Page 9 File Number: ANEX 04-002 & LUAR 04-002 Waterside Ali'ACHMENTS S:~Plannln;l~SHARED\WP~PRO3ECTS~Southem Homes of Palm Beach\W~,tx~lid~\LUAR 04-002\STAFF REPORT NEW,doc WATERSIDE: LOCATION MAP EXHIBIT A LRC NIC NIC TURNER RD LEGEND ,,,,, City Boundary Future Land Uses: LRC - Local Retail Commercial 100 1~ TO: FROM: THROUGH: DATE: PRO.1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-145 Chair and Members Community Redevelopment Agency Board Mayor and City Commission Dick Hudson, ~CP~ Senior Plannermpf.~~_./~ Michael W. Ru Director of Planning and Zoning 3une 28, 2004 Waterside/ANEX 04-002 & LUAR 04-002 To annex the property, amend the Future Land Use Designation from CH~5 and MR-5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial and Multi-family Residential (Palm Beach County) to Planned Unit Development (PUD). Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PRO3ECT DESCRIPTION Southern Homes of Palm Beach, LLC Southern Homes of Palm Beach, LLC/Carlos Ballb~-Keith & Ballb~ East side of Federal Highway north of Chukker Road (Exhibit "A'~ 7.29 acres CH~5 (Commercial High with an underlying 5 dwelling units per acre [alu/ac]) and MR-5 (Medium Residential at 5 du/ac) - Palm Beach County designations Commercial General (CG) and Multi-family Residential (MR) - Palm Beach County zoning Special High Density Residential (SHDR) at 20 du/ac IPUD Infill Planned Unit Development 113 unit townhouse community 5505 Page 2 File Number: ANEX 04-002 8~ LUAR 04-002 Waterside Adjacent Uses: North: Commercial use to a depth of 150 feet east of Federal Highway with CH/5 land use and CG zoning then single-family residential development designated MR-5 and zoned MR, all located in unincorporated Palm Beach County South: Right-of-way of Chukker Road, then vacant property along Federal Highway with CH/5 land use and CG zoning to a depth of 150 feet, and farther east, single family residential development designated MR-5 and zoned MR all located in unincorporated Palm Beach County East: Intracoastal waterway West: Right-of-way of Federal Highway, then developed property located in unincorporated Palm Beach County designated CH/5 and zoned CG and property in the City of Boynton Beach designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development EXECU11~E 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 H/ghway Corridor Commun/ty Redevelopment 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, the City included policies dealing with the future annexation of properties adjacent to its boundaries. One of the City's policies is to reduce existing enclaves through voluntary annexaUon. Palm Beach County has been generally supportive of this policy, since providing services to these enclaves is difficult for the County, and in fact, they rely on the City, through interlocal agreements, to provide many of the services. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed Page 3 File Number: ANEX 04-002 & LUAR 04-002 Waterside 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 residenUal uses, particularly those with densiUes 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. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adopUon of the current Comprehensive Plan. At the Ume 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 residenUal 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 conUnues this trend. PRO3ECT ANALYSXS The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of the size of the property under consideraUon, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted pdor 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 adopUon. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item 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 Nap. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition 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 ~4th applicable comprehensive p/an policles inc/uding but not//m/ted to, a prohibition against any increase in dwe/l/ng unit dens/b/exceeding 50 in the hunfcane evacuation zone without formulation of an emergency hur#cane preparedness plan. The planning department shall also recommend limitations or requirements, which would have to be imposed Page 4 File Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the properS/, in order to comply with po/ides contained in the comprehensive plan. 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 classificaUon, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designaUons from commercial use to residenUal use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The City shall continue to discourage addt~'onal commercial and industrial uses beyond those which are currently shown on the Future Land Use I~lap, except where access is greatest and impact~ on residential land uses are least';' and "Po/icy 1.1~7.? 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 properly is located in Planning Area V (Entrances to the City) in the Federal H~hwav Corridor Cornmuni~_ Redevelo_z~ment 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 communiUes 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. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby districts, or would cons~ute a grant of special privilege to an individual property owner as contrasted with the proteddon of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densiUes greater than 10.8 du/ac. This type of -Page 5 File Number: ANEX 04-002 & LUAR 04-002 Waterside 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 densiUes 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 residenUal 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 Ume, they will increase allowed residential density adjacent to existing single-family homes. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condiUon serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with ut#ity sys~ms, roadways, and other public facilitfes. Trip generation analyses for the property were prepared by the applicant's traffic consultant, utilizing two scenarios; the first if the property is redeveloped under current land use and zoning, the second if the property is developed under the requested land use and zoning. Under the first scenario, the daily trips generated total 4,346 with a PM peak hour total of 399 trips. Under the second scenario daily trips would total 723 or 3,623 fewer trips and 332 fewer PM peak hour trips. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23r~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AAD'O for the year 2003 at 22,772 trips. Estimates, based on the City's adopted Levels of Service, indicate that total potable water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (:gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculaUons of t'hese demands will be made at the time of building permit application submittal. The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project. Sufficient wastewater capacity is currenUy available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. According to a review by Fire-Rescue personnel, to meet the increased demand, additional resources are required such as personnel, apparatus, and equipment. ]:t is imperative that Fire Station #4 be completed and in service by the time these new projects are completed and Page 6 File Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a back-up in the northwest quadrant and in the downtown corridor of the City. Station # 4 is scheduled for completion in 2005; however, Station #5 is in the early planning stages and no completion date has been scheduled. Tt is important that Station #1, as currently located, remains in operation as the first response station for downtown projects such as this. This situation also increases the potential for mass casualty events when large numbers of people occupy confined areas. This is becoming more prevalent in many areas of the city. Every added new commercial and multi-family structure increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added in the past several years, inspection staff has decreased. This situation has reached a point that may soon require changes in our inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant rites in these occupancies for several years. New development projects involving multi-family or high-density commercial projects should be approved contingent upon consideration of future upgrades in emergency dispatch capability. These enhancements include new technology related to CAD, GIS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in time to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department is undermanned and over tasked and any significant tasking (additional commercial and multi-family occupancy) will undoubtedly have a negative impact on our ability to provide adequate service unless immediately able to compensate for the shortfall in personnel. Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls in 2000. This is a 14% increase in an already impressive call volume for a city of a little over 60,000. It should also be noted that the department has also increased arrests by 25% since 2000. The Police Department recommends, 'that proposed significant increases in our business and civilian population be tied to the addition of officers on the force." 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. The School Distdct estimates that the project will generate 9 elementary school students, 5 middle school students and 7 high school students. Currently, Rolling Green Page 7 File Number: ANEX 0~,-002 & LUAR 04-002 Waterside Elementary School is at 97% capacity, Odyssey Middle School is at 84% capacity and Boynton Beach High School is at 102% capacity. Lastly, drainage is being 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 compatible w/th the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properS'es. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. Although pockets of single-family homes will remain in the immediate area, the quality of the proposed project will increase the values of the subject and nearby properties. Further, despite the immediate contrast between dwelling units and density, this contrast is charactedsUc of the entire waterfront corridor. f. Whether the property is physically and economically devdopable under the ex/sting 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 of Boynton Beach zoning district. C-3 Community Commercial would most heady correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronUng on Federal Highway could be developed under C-3 Commercial zoning. The remaining portion of the property, currenUy zoned MR5, could also be redeveloped as single-family residenUal. This would forego the opportunity to have the property redeveloped under a unified development plan. g. Whether the proposed rezon/ng is ora s~ale which is 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 s/tes e/sewhere /n the c/ty for the proposed use,/n d/stHcts where such use/s already al~owed. ]:n accordance with the definition of the Spec/al High Density Res/den~7'alland use designaUon in Policy 1.16.1 of the Future Land Use Element, residenUal densities of 20 du/ac are permitted in the Federal Highway corddor 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 IocaUon 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. Page 8 File Number: ANEX 0~,-002 & LUAR 0~,-002 Waterside MASTER/SI'TE PLAN ANALYS:ZS 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 "Federal Highway Corridor Community Redevelopment Plan"Study Areas ]: and V. (The site for Waterside 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, ameniUes and landscape design. To that end, all applicaUons for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows 113 fee-simple townhouses of two and three stories arranged fronting on two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to 3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decoraUve moldings, appliqu6s columns and balconies; all are representaUve of a relaUvely high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, and the applicant proposes a density of 15.5 du/ac. A recreation area of approximately 0.85 acre will be located fronUng on the Intracoastal Waterway. The proposed three-story recreaUon building would include a pool area, and a clubhouse of approximately 5,000 sq. ft. that includes a third floor gym and clubroom and a second floor ballroom elevated over a first floor covered breezeway, which allows ground-level views of the ]:ntracoastal Waterway. 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. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). The proposed site plan meets all of the expectations of the [PUD zoning district. ~ONCLUSi:ONS/RECOI~II~IENDAT]:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan. The addiUonal impacts on infrastructure and services resulUng from this project are to be expected with redevelopment and revitalization activities. The proposed project will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ]:f the Planning and Development Board recommends or the City Commission requires conditions, they will be included within Exhibit "B". Page 9 File Number: ANEX 04-002 & LUAR 04-002 Waterside A'n'ACHMENTS S:\Plannlng\SHARED\WP\PRO2ECT$\Southem Homes of Palm Beach\Wat:e.,'slde\LUAR 04-O02\~'rAFF REPORT NEW.doc WATERSIDE: LOCATION MAP EXHIBIT A / LRC ~ / / NIC // NIC TURNER RD LEGEND ,.,,, City Boundary Future Land Uses: LRC - Local Retail Commercial TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG D~/~STON MEMORANDUM NO. PZ 04-:t42 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rumpf~~'~~ Planning and Zoning Director Eric Lee Johnson, AZCP Planner June 7-5, 7_004 Waterside / NWSP 04-003 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PROJECT DESCI~ZPI'~ON MulUple lots with multiple owners under contract, see file Mr. Hector Garcia / Southern Homes of Palm Beach [V, LLC Mr. Carlos .3. Ballbe / Keith & Ballbe, Incorporated East side of FEDERAL HIGHWAY, south of Palmer Road and north of Chukker Road (see Location Map - Exhibit "A'O Palm Beach County - Commercial High Intensity (CH-5) and Palm Beach County - Medium Residential (MRS) Palm Beach County - General Commercial (CG) and Palm Beach County- Residential Multi-family (RM) Special High Density Residential (SHDR - 20 du/ac) Infill Planned Unit Development (IPUD - 20 du/ac) 113 fee-simple townhouses 317,676 square feet (7.2928 acres) 5506 Beginning at Federal Highway extending easterly 150 feet is developed commercial property, with an unincorporated Palm Beach County Commercial High (CH/5) land use classification and unincorporated Palm Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 2 Beach County General Commercial (CG) zoning. The majority of the use to the north is comprised of the Palmer Road right-of-way, then farther north is developed residential property with an unincorporated Palm Beach County Medium Density Residential (MR-5) land use classification, and unincorporated Palm Beach County Residential Multi-family (RM) zoning. South: Right-of-way for Chukker Road, then farther south beginning at Federal Highway extending easterly 150 feet is vacant commercial, with an unincorporated Palm Beach County Commercial High (CH/5) land use classification, and unincorporated Palm Beach County General Commercial (CG) zoning. The majority of the use to the south is developed residential with an unincorporated Palm Beach County Medium Residential (MR-5) land use classification, and unincorporated Palm Beach County Residential MultFfamily (RM) zoning. East: A majority of the use to the east is right-of-way for the Intracoastal Waterway. However, a portion of the use Is comprised of a finger canal of the Intracoastal Waterway as well as developed residential with an unincorporated Palm Beach County Medium Density Residential (MR-5) land use classification, and unincorporated Palm Beach County ResidenUal Multi-family (RM) zoning. West: Right-of-way for Federal Highway, then further west is undeveloped residential (approved for Oceanside NWSP 04-004) with a Special High Density Residential (SHDR) land use classificaUon, zoned ]:nfill Planned Unit Development (]:PUD) Site Characteristic: The subject site is nestled in a pocket of properties both inside and outside the city limits. Any neighboring properties that are not located within the city are under Palm Beach County jurisdiction. The property is comprised of multiple lots and a portion of the ']:ntracoastal Waterway, resulting in an irregularly- shaped parcel totaling 7.292 acres (see Exhibit "C'- Conditions of Approval). As indicated on the survey, the site fronts on Federal Highway and is bounded by Palmer Road to the north, Chukker Road to the south, and the Intracoastal Waterway to the east. A portion of Palmer Road, which is a pdvate road, disects the subject property. This portion of the roadway is not considered to be a right-of-way and therefore, it would not have to be abandoned. However, the Engineering Division of Public Works still wants to maintain solid waste service on the roadway (as well as secondary means of emergency vehicle ingress / egress) and is therefore, requiring off-site improvements to be made to Palmer Road (see Exhibit "C"- Conditions of Approval). No ground elevations or site- specific information is Indicated on the survey. However, the tree management plans (sheets T-1 and T-2) show that there are 202 existing trees on-site, many of which are exotic species. The table on sheet T-2 indicates that the existing flora consists of the following species: Manglfera Indica, Ficus, Clusla rosea, Coccoloba uvifera, Sabal palmetto, Washlngtonla robusta, Mahogany sweetiena, Bamboo, Syagrus romanzofflanum, and Arucaria heterophylla. Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 3 Proposal: Concurrency: Traffic: · UUlifies: BACKGROUND Mr. Carlos Ballbe, representative for Southern Homes of Palm Beach IV, LLC, is proposing a new site plan for 113 fee-simple townhouse units. Based on unit size, amenities, and architectural appearance, this particular project would be considered an upgrade as compared with Southern Homes' two (2) other recently approved residential projects, namely Oceanside (NWSP 04-004) and Bayfront (NWSP 04-002). Approval of this project is contingent upon the approval of the corresponding request to annex and rezone the property from Palm Beach County- CG to ]:PUD (see Exhibit "C"- Conditions of Approval). Townhouses are permitted uses in the ]:PUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would allow 145 dwelling units (density at 20 dwelling units per acre). The project proposes a total of :1.13 dwelling units, which equals a density of 15.496 dwelling units per acre. The entire project would be built in one (1) phase. The helght of the clubhouse building would require the approval of the accompanying request for height exception - HTEX 04-003 (see Exhibit"C"- Conditions of Approval). The height exception will be discussed later in the staff report. ANALYSZS 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 residenUal project is located within the Coastal Residential 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. Estimates, based on the City's adopted Levels of Service, indicate that total potable water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide suffident capacity to serve this project. Sufficient wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. 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 - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 4 School: Driveways: Parking Facility: Landscaping: 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 main (1) point of ingress / egress to the subject site. This point would be located on Federal Highway. The site plan (sheet SP1 of 2) shows that each of the two (2) Ingress lanes would be 11 feet wide for a total of 22 feet in width. Although not dimensioned, the single egress lane proposed on Federal Highway appears to be 20 feet In width. This egress lane would allow for right-turn only (north) traffic movements on Federal Highway. As previously mentioned, an access point is proposed along the north property line, which would connect with Palmer Road. This driveway would be gated (with a Knox Box) and would only be used for either emergency vehicles or service (solid waste) vehicles (see Exhibit"O'- Conditions of Approval). No residents or guests would be able to use this entry / exit on Palmer Road. However, it should be noted that another access point is proposed on Chukker Road. It too, would be gated, however, the residents and guests would be able to use this access point with a remote control. Various types of streets are proposed, all of which would conform to engineering standards. According to the Typical Pavement Sections shown on the site plan details (sheet SP2 of 2), the private rights-of-way, internal to the development would range from 36 feet to 66 feet in width. The narrowest right-of-way would consist of two, 11-foot lanes and two, seven (7) foot paver-sidewalks. All internal roadways would accommodate two (2)-way traffic movement. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 113 residential units and a clubhouse therefore, 23:[ parking spaces would be required. The plans show that the development would have a total of'H6 parking spaces or an excess of 215 spaces with the majority of the spaces located within garages. The site plan tabular data (sheet SP2 of 2) indicates that the plan would provide 226 garage spaces, 192 driveway spaces, and 28 off-street park, lng spaces. According to the Typical Parking Stall Detail (sheet SP2 of 2), 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 18 feet in length. All driveways (except for Units #1 through :[5 in Buildings One and Two) would be dimensioned ~.8 feet in length to accommodate a parked vehicle. No vehicles are to be parked in the driveways of Unlts #:L through 15. As previously mentioned, there are a total of 202 existing trees on-site. The tree management plan table (sheet T-2) Indicates that 176 trees would be removed and mitigated. The table Indlcates that 71 Sabal palmetto, 6 Cocos nucifera, 6 Syagrus romanzoffianum, 3 Dypsls lutescens, 4 Veltchla, 16 Washingtonia robusta, and 12 'PoG (2 Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 5 Mahogany swettlena trees and palms would be relocated, According to the site plan tabular data (sheet SP2 of 2), the proposed pervious area would equal 2.54 acres or 34.76% of the site. The Landscape Quantitles table Indicates that 214 of the 447 trees (47.8%) of the trees would be naUve while 1,328 of the 2,596 or 51.1% of the shrubs would be native. In accordance with Chapter 7.5, Artide II, SecUon 5.P of the Land Development Regulations and at the Ume of permitting, ~he landscape plan shall provide 50% native plant materials for the following categories: shade ~rees, palm trees, and shrubs / groundcover (see Exhiblt"C"- Conditions of Approval). The site plan (sheet SP1 of 2) shows that an existing sidewalk is located just outside the property along the west property line (abutting Federal Highway). The buildings are proposed at least 15 feet from the east property line. The front doors and stoops for Units #1 through 15 would face Federal Highway. The_landscape plan (sheet Pi) shows that the space located between the buildings / stoop and the property line would be landscaped with sod, Royal, Cabbage, and Green Malayan Coconut palm trees. This buffer would also have Hibiscus accent trees as well. Staff recommends that more shrubs and groundcover should be added to this buffer because of its proximity to and visibility from Federal Highway. Staff feels that the dght-of-way buffer code requirements should apply along Federal Highway and Include two (2) layers of plant material. The first layer shall be a combinaUon of colorful groundcover plants and a minimum of two colorful shrub species planted in a Continuous row. The next layer should consist of a conUnuous hedge or decorative site wall. A decorative site wall (3 feet in height) would be a preferable alternative to a conUnuous hedge in order to separate the front yard from the public space. If a hedge is used, it should be planted a minimum of 24 inches in height, 24 inches in spread and "tip-to-Up". It would be good to have addiUonal groundcover plantings around and adorning the stairs of the units abutting Federal Highway (see Exhibit "C" - Conditions of Approval). In addition to a six-(6) foot high wall, the southern landscape buffer adjacent to Chukker Road would be at least 10 feet in width and contain a row of RedUp Cocoplum hedges and Green Buttonwood trees. The southern landscape buffer adjacent to the finger canal would also be 10 feet in width and only include Weeping Yaupon Holly trees (no buffer wall). Similar to the southern buffer, the north (side) landscape buffer would be 10 feet in width and contain a six (6)-foot high buffer wall. A row of White Stopper hedges and Dahoon Holly shade trees are proposed within this buffer. The rear (east) landscape buffer adjacent to the Intracoastal Waterway would contain limited vegetation in part, to maximize views of the canal. Green Malayan palm trees would be planted along the waterway. Royal palm trees are proposed in front and / or rear of each unit. Sheet P2 shows the various unit types (Unit "A" through "G'0 and their associated landscape material. Each fee-simple owner would have RedUp Cocoplum, Pitosporum, or Japanese Yew, and a shade / palm tree. The air conditioners would be located on the ground to the rear of each unit and screened with various hedge material. The main entrance proposed on Federal Highway would be adorned with lush vegetation. The median strip would Include .lapanese Yew, MedJool Date and Royal Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 6 Building and Site: palm trees and Pentas groundcover. The sides would contain Purple Glory trees (signature trees), Dwarf Bougainvillea, Washlngtonla and Montgomery palm trees. The recreation area, located along the Intracoastal Waterway, would have a row of Redtip Cocoplum hedges to screen the pool, surrounded by Wax Privet, Washingtonia, Royal, and Sabal palm trees. As previously mentioned, the applicant is requesting to rezone the property to the ]:PUD zoning district with a density of 15.496 dwelling units per acre. The maximum density allowed by ]:PUD zoning district (Special High Density P, esidenUal land use classification) is 20 dwelling units per acre. The 113 dwelling units are proposed within 17 separate buildings on the 7.292-acre site. The number of dwelling units per building range from three (3) units to nine (9) units. The applicant provided typical elevaUons for the seven (7)-unit building. The elevations and floor plans of all other proposed buildings would be required at the Ume of permitting (see Exhibit "C" - CondiUons of Approval). The typical floor plans propose a mix of two (2), three (3), and four (4) bedroom units. ]:n terms of their floor plans, each of the 17 buildings would contain varying unit styles (Unit "A" through "G'~, ranging between 2,168 square feet and 3,670 square feet. The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compaUbility with the adjacent properties would be in jeopardy. The project proposes two (2) types of buildings, namely one style with varying heights between 2 and 3-stories while the other style would just be 3-stories tall. The three (3)-story building style would be 34 feet - six (6) inches tall, measured at the mean roof height. The peak of the roof or "top of ridge" would be 37 feet - two (2) inches in height. This peak height dimension is also indicated in the site plan's tabular data on sheet SP2 of 2. The three (3) - story bulldings would range between 40 and 45 feet in depth. The 2 and 3-story mixed building would be 30 feet- eight (8) inches tall, 24 feet wide, and 45 feet in depth. The IPUD zoning district contains no minimum building setback requirement. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). These proposed setbacks are in contrast with existing setbacks within the surrounding single-family neighborhood; however, they are typical of the setbacks proposed in urban infill projec-~ using the IPUD district. Furthermore, as for compatibility with adjacent homes, the majority of the project boundary abuts either adjacent road or canal rights-of-way, the Intracoastal waterway or Federal Highway, with minimal contact with a single-family property boundary. The graphlc matches the site plan tabular data in terms of building setbacks. However, a note In the tabular data indicates that the stairs are allowed in the front setback along Federal Highway. This encroachment would be acceptable to staff, however, there is no conflict because the plans do not show them encroaching. Buildings Eight and Nlne, which are proposed along the south property line, would be :[5 feet away from the property line at the ground floor and 10 feet away at the second and third level balconies. Either way, they would be more than the 7.5-foot side setback proposed for the plan. Each unit owner would Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 7 Design: Signage: be allowed to have a concrete paUo in the rear yard. The note on the site plan tabular data (sheet SP2 of 2) Indicates that no screen enclosures would be allowed outside the building envelope. Any such future proposal to have them extend farther than the building envelope would require a master plan modification. The recreation area would be located at the rear of the development, along the [ntracoastal. It would include a swimming pool and an elevated clubhouse building. The elevation (sheet A-21) shows that the building would have a mean roof height of 39 feet -four (4) Inches with the peak of the decorative cupola at 52 feet - five (5) inches. This height of this cupola would exceed the height. restrictions of the 1PUD zoning district and would require the approval a height exception (HTEX 04-003) (see Exhibit "C"- CondiUons of Approval). A six (6) foot high white aluminum fence would surround the entire recreation area. According to the landscape plan (sheet P-l), a C.B.S. wall, six (6) feet in height would be placed along the entire north property line and a portion of the south property line as well. The proposed buildings and clubhouse resemble a Neo-Hediterranean 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: 3ute Brown - SW#6096, Honied White - SW#7106, Inviting Ivory - SW#6372, Corona - SW#7121, and Banana Cream - SW#6673. All buildings would be accentuated with genuine and 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, pm-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 feature is proposed at the main entrance along Federal Highway. Although partially dimensioned, when scaled, the entry feature would have a decorative cupola that is 34 feet in height with a spire reaching 45 feet in height. Also, the front entrance canopy/trellis would have a clearance of approximately 14 feet - six (6) inches. The colors of these features is not depicted on the plans so therefore, staff recommends that the proposed colors be the same or similar to the project's colors (see Exhibit"C"- Conditions of Approval). 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 18 feet in height. The material would be a round fiberglass pole. The color of the pole and fixture would be black. One characteristic of this project deserving special recognition is the location and design of the clubhouse, which would create a scenic vista from the front entrance to the Intracoastal Waterway. This exemplifies the type of quality that the City was anticipating from the IPUD zoning district. The conceptual entrance elevation shows that a "Waterside'; sign would be located on the entry walls located along Federal Highway. The subdivision wall sign(s) may not exceed 32 square feet in area (Chapter 21, Article IV, Section 1.D.). The plans Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 8 indicate that the sign(s) would comply with code but they do not indicate the materials or colors used for the sign's letters. However, staff understands from the applicant that the letters would be made of PVC (or other comparable material) and bronze in color. Therefore, 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 (see Exhibit "C" - CondiUons 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 request for annexation and rezoning (LUAR 04`-002), height exception (HTEX 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:\Plannlng\SHARED\WP\PRO.1ECTS\$outhern Homes of Palm Beach\Waterslde\NWSP 04-O03\Staff Report. doc WATERSIDE: LOCATION MAP EXHIBIT A LRG NIC LEGEND ,,,,, city Boundary Future I~nd LR¢ - Local Retell Commercial EXHIBIT "B" EXHIBIT "B" UNIT A - 3 LEVELS UNIT W^TERSlDE SOUTHERN HOMES EXHIBIT "B" '1 WATERSIDE SOUTHERN HOMES WATERSIDE $OUTHER. N HO/~ES EXHIBIT "B" ...... EXHIBIT "b ..... WATERSIDE SOUTHERN HOJ~ES IS0S S, fEDEKAL HIGHWAY CLUBHOUSE ':l,ll, S'-~o(~ 0 *Il WATERSIDE SOUTHERN HOMES II- EXHIBIT "B" CLUBHOUSE WATER.SIDE SOUTHERN HOMES lliillJ I ' EXHIBIT' "C" Conditions of Approval Project name: Waterside File number: NWSP 04-003 Reference: 2~ review plans identified as a New Site Plan with a June 15, 2004 Planning and Zoning Depm~ttent date stamp marking. DEPARTMENTS nqCLUDE REJECT PUBLIC WORKS - General Comments: 1. Provide a minimum turning radius of 30 feet (measured at the edge of pavement of the Palmer Road terminus) in order to allow for Solid Waste truck mmint movements. PUBLIC WORKS - Traffic Comments: 2. On the Site and Civil plans, show and identify all necessary traffic control devices such as stop bars, stop. signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. 3. The proposed project will serve Palmer Road on the north side of the development. Additional right-of-way may be required to accommodate the required street termination. ENGINEERING DMSION Comments: 4. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 5. 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. 6. Permits from the Florida DOT will be required for all work within the Federal Hwy. ri~tt-of-way. 7. Permits from FDEP, COE, and FIND may be required for work within the I. ntracoasml Waterway. 8. Fill and/or dredging permits may be required from the City for work within the finger canal. 9. Show all existing utilities on Site Develop pl hapter 4, Section 7.A.3). COA 07/06/04 2 DEPARTMENTS INCLUDE REJECT 10. 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 (2V~) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 11. Full drainage plans, including drainage calculations, in accordance with the Chapter 6, Article IV, Section 5. of the Land Development Regulations will be required at the time of permitting. 12. Prior to issuance of a Land Development Permit provide a copy of the homeowners association documents for review and approval. 13. 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: 14. Provide the cumulative effects of the sanitary sewer loading from the Bayfi:ont, Oceanside, and Waterside developments on the lift station at Turner Road. 15. All utility easements shall be shown on the site plan and landscape plans : (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public ri~rhts-of-wa¥. 16. Palm Beach County Health Department perm/ts will be required for the water and sewer systems serving this project (CODE, Section 26-12). 17. 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. 18. 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 COA 07/06/04 3 DEPARTMENTS INCLUDE REJECT easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 19. 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. 20. A Land Development 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. 21. All utility conslruction 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: 22. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor ~ade to the underside of the topmost roof assembly. 23. A Knox Entry system will be required at the auxiliary north entry gate to the development. POLICE Comments: None BUILDING DMSION Comments: 24. 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. 25. The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the CO^ 0'7/06/04 4 DEPARTMENTS INCLUDE REJECT 2001 FBC. 26. Place a note on the elevation v/¢w drawings indicating that thc exterior wall openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 27. Every exterior wall within 15 feet of a property line shall be equipped with approved opening protectives per 2001 FBC, Section 705.1.1.2. 28. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 29. 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. 30.Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. 31. Add to all plan view drawings of the site a labeled symbol that represents the location and perimeter of the limits of construction proposed with the subject request. 32. At time of permit review, submit signed and sealed working drawings of the proposed construction. 33. Add to the submittal a partial elevati°n view drawing of the. proposed perimeter wall. Identify the type of wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 34. As required by the CBBCO, Part III titled "Land Development Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building/s. The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. COA 07/06/04 5 DEPARTMENTS INCLUDE REJECT 35. To properly determine the impact fees that will be assessed for the two- story pool/clubhouse/recreation building, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions: · 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 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 detera-dmation of what impact fees are required for the pool/clubhouse/recreation building. 36. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, bi used for landscape irrigation where other sources are readily available. 37. A water-use permit fi:om SFWMD is required for an irrigation system that utilizes water fi:om a well or body of water as its source. A copy of the permit shall be submitted at the time of permit apphcation, F.S. 373.216. 38. 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: · 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. (CBBCO, Chapter 26, Article II, Sections 26-34) 39. 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 COA 07~6~4 6 DEPARTMENTS INCLUDE REJECT tract. The recorded deed shall be submitted at time of permit review. 40. At time of building permit apphcation, 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 Comission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(0) 41. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as-listed in the development order and approved by the City Commission. 42. 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 the building perm/t application at the time of application submittal. 43. Add to the site data the, total area under roof of each residential building. Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: · Common area covered walkways; · Covered stairways; · Common area balconies; · Entrance area outside of a unit; · Storage areas (not part of a unit); · Garages (not part of a unit); · Elevator room; · Electrical room; · Mechanical room; · Trash room; · Mailbox pickup and delivery area; and · An>, other area under roof. COA 07/06/04 7 DEPARTMENTS INCLIYDE REJECT (Chapter 4 - Site Plan Review, Section 7.E.2 and 3). 44. Submit typical construction details of the docks for review. Docks shall not project into the waterway by more than 25% of the waterway width. Clearly show the distance (width) of the canal per CBBCO #03-048 (see attached). · 45. Site-specific engineering shall be submitted for the docks and pilings at the time of building permit submittal. The information shall include, but not be limited to: · Wind load (140 mph) · Lateral load · Live and dead loads · Approval fi:om other regulator agencies (e.g. Dept. of Environmental Protection, Arm)~ Corp. of En[~,ineers, LWDD, etc.). PARKS AND RECREATIOnal Comments: 46. Recreation Facilities Impact Fee - the plans show 115 single-family attached units. Based on the formula the fee is calculated to be: 113 single family attached units x $ 771 each = $ 87,123. FORESTER/ENVIRONMENTALIST 47. The Landscape Architect should identify by species and indicate the caliper inches of all of the 59 existing trees on the site. Show all existing trees on the site to be preserved in place, relocated on site, or removed / replaced on site. All existing trees must be preserved in place or relocated rather than removed if the trees are in good health. These trees should be shown as a separate symbol on the landscape plan sheet P-1. 48. All shade and palm trees on the Plant List must be listed in the description as a minimum of 12'-14' height, 3" caliper at DBH (4.5' 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'- 14' to meet the 3" caliper requirement, or the 5', and 6' c.t. specification (Chapter 7.5, Article ~ Sec. 5.C. 2.). 49. The details section for the Shrub Planting should include a line indicating where the height and spread of the plant will be measured at time planting ..and inspection. COA 07/06/04 8 DEPARTMENTS INCLUDE REJECT 50. 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 3 proposed 3-story buildings from the heights of 14'42' along the South Federal Highway road fight-of-way. 51. There is no irrigation system design included with the site plans. The irrigation design should be low-flow for water conservation. 52. In the design, all shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Sec. SA.). 53. Tuff areas should be limited in size. Landscape (bedding plants) areas should be designed on separate low-flow zones with proper time duration for water conservation ~Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 54. Approval of this site plan is contingent upon the accompanying request for annexation (ANEX 04-002). This includes the proposed project density. Include a note regarding ANEX 04-002 in the site plan tabular data (sheet SP2 of 2). 55. The survey indicates that the project acreage is 7.2928 acres (317,676 square feet). This land area should be indicated as such in the site plan tabular data (sheet SP2 of 2) and all affected site data (i.e~ dwelling units per acre) should be revised accordingly. 56. The height of the decorative cupola of the clubhouse building exceeds the height limitation of the IPUD zoning district. The applicant has requested a height exception (HTEX 04-003). No building permits shall be issued for the clubhouse unless the decorative cupola is removed or the height exception is approved. 57. At the time of permitting, submit elevations and their corresponding floor plans for the three (3), four (4), five (5), six (6), eight (8), and nine (9)- trait buildings. These elevations should resemble the submitted project's elevations in terms of their detail, accent feature, and overall architectural style. 58. An improvement to Palmer Road may be required. The Engineering Division of Public Works will determine the extent of its improvement. 59. The proposed docks will require approval from the U.S. Army Corps of Engineers. COA 07/06/04 9 DEPARTMENTS INCLUDE REJECT 60, Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. On the landscape plan (sheet L3 of 3), indicate the total quantities for all proposed native plant material. 61. Provide a detail of the security gate proposed at the project entrances. Include the dimensions, material, and color (Chapter 4, Section 7.D.). 62. The detail of the proposed buffer wall should indicate the color(s) (Chapter 4, Section 7.D.). Staff recommends that the wall color be the same or similar to the building color(s) - Jute Brown, Vanillin, Colonial Yellow. 63. Include a color rendering of all elevations prior to the Technical Review Committee meeting (Chapter 4, Section 7.D.2.). 64. A trellis, rockscape, and lagoon are shown on the landscape plan (sheet P- 1) but not on the site plan (sheet SP1 of 2). These two (2) plans should correspond with each other. 65. The snbdivision 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 material) and bronze in color. 66. The project's color palette consists of the following Sherwin Williams paints: Jute Brown #6096, Honied White #7106, Inviting Ivory #6372, Corona #7121, and Banana Cream #6673. The conceptual entrance elevations do not indicate colors. Staff recommends that the building colors and the entrance features do not substantially deviate from the above referenced colors. 67. Staff recommends installing additional groundcover plants throughout the entire project, in particular, within the landscape buffer along Federal Highway. For example, the landscape buffer along U.S. 1 should have two (2) layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. A decorative site wall (3 feet in height) would be a nice alternative to a continuous hedge in order to separate the front yard ~rom the public space. If a hedge is used, it shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip to tip spacing immediately after planting. Also, it would be good to have additional groundcover plantings around and adorning the stairs of the units abutting Federal Highway. Where possible, the plant materials should be drought tolerant and coordinated with the City Forester. COA 07/06/04 10 DEPARTMENTS INCLUDE REJECT 68. Staff recommends adding more accents to the sides of elevations of the entry buildings (proposed along Federal Highway). Accents could include faux windows, score lines, and medallions. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 69. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 70. To be determined. S:\Planning\SHARED\WP\PROJECTS~Southem Homes of Palm Beach\Waterslde\NWSP 04-003\COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Waterside 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: July 20, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 113 townhouses on a 7.29- acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of South Federal Highway, south of Palmer Road and north of Chukker Road. 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:~Plannin~'GHARED\WP~ROJI~CrS~outhern Horr,~ of Palm Beach\Wat~:rsidek, NWSP 04-005~)0.doc City Clerk TO: FROM THROUGH: DATE: SUB]ECT: DEVELOPHENT DEPARTHENT PLANNZNG AND ZONZNG D:~/ISZON HEHORANDUM NO. PZ 04-161 Chairman and Members Community,~lFopment Agency Board Dick H udso~(/~P Senior Planner Michael W. Rumpf''lq'o~ Director of Planning and Zoning July 1, 2004 IPUD-Infill Planned Unit Development District (CDRV 04-005) NATURE OF REOUEST Staff is proposing amendments to the IPUD-Infill Planned Unit Development Zoning District to ensure compatibility of infill redevelopment with adjacent existing single-family development, to clarify setback requirements, and to provide standards for building design elements. BACKGROUND The City adopted the IPUD-Infill Planned Unit Development Zoning regulations in June 2002. After several developers used the 'regulations for projects in the Federal Highway corridor, staff became concerned that the regulations do not offer adequate protection to existing and stable single-family residential developments that may be adjacent to the infill projects. On staff's request, the City Commission approved a Notice of Intent (NOI) for the IPLJD Zoning District on January 20, 2004. A six-month period was allocated for staff to complete a study and to initiate amendments to the Land Development Regulations to ensure that the quality of any infill project approved under the regulations is consistent with the stated intent of the zoning district and the Federal N~qhway Corrfdor Redevelopment Plan. Staff has worked closely with both the CRA Board and the Inlet Cove Association (INCA) through individual meetings and workshops to develop amendments to the existing regulations and has incorporated recommendations from those meetings in the proposed amendments. ANALYSTS In drafting the initial regulations for the IPUD, it was staff's aim to provide a framework for developers to follow without resorting to overly specific rules. This worked for several exemplary projects. There are, however, those developers who will push regulations to the limit without regard for the character of existing development in the vicinity. Without strict rules to govern a development, it becomes difficult to provide an obJectlve critique and reviewers are challenged to deny a poorly planned project, even when it does not carry forward the collective vision for the Federal Highway Corridor. 5507 - S:\PLANNINGtSHARED\WP~SPECPRO.1\CODE RE~EV~CDRV IPUD\CDRVS'rAFFREFT.DOC Page 2 CDRV 04-005 IPUD-Infill Planned Unit Development The proposed amendments to the regulaUons provide more direction to developers as to how any project should fit into the context of existing development, while still omitting exacting standards. At the same time, these additions provide more opportunities for staff to ensure that recommendations for approval will only be given to projects that are consistent with the intent of the zoning district. Successful implementation of this ordinance is dependant upon the City's not accepting anything less. The accompanying draft amendments include additions to the "Intent and expectations" section, clarification of the requirement for unified control or common ownership, setbacks, standards for building design elements, additional standards for usable open space and compatibility requirements. Comments and recommendaUons received from INCA since staff's last workshop with the CRA are provided In italics and underlined (/ta//cs) on the accompanying Exhibit "A". RECOHI~ENDATi:ON Staff recommends that the proposed amendments to the IPUD-:[nfill Planned Unit Development Zoning District be approved. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be included as Exhibit "B". Exhibits S:\PLANNING\$HARED\WP\SPECPRO.I\CODE REV~E'W~CDRV IPUD\CDRVSTAFFREI:q'.DOC CHAPTER 2 - ZONING Sec. 5 Residential district regulations and use provisions EXHIBIT A L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Kegulations. 1. Intent/an and expectations_. a. 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 "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and 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. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for setbacks, will be dependent on how well the the proposed development plan. c_. The The City is not obligated to automatically approve the level of development intensi~ requested for the ~UD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The City may require, as a condition of approval, any limitation condition, or design factor that will provide a reasonable transition to adjacent development. d In order to be approved, an IPUD project must be compatible with and preserve the character and sanctity o_f ad[acent residential neighborhoods. Further, it must be an enhancement to the local area and the ci~_ in general. Presentation qf proiects that_fail to do so will be denied e_. Each IPUD pro/ect is independent and will be evaluated solely on its own merits. The inclusion of certain_features in a previously approved IPUD pro/ect will not be entertained as a valid argument_for the inclusion of that same_feature in an¥ other IPUD pro/ect !f the City decides to reject those_features. S:\PiannlngxSHARED~WP'~SPECPROJ',CODE REVIEW~CDRV IPUD'JPUD 06-30-04.doc 2 2. Application process. a. The procedures and requirements for applying for rezoning to the [PUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. b. When the [PUD is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. c_ The entire property proposed for development as an [PUD shall be under common ownership or unified control, so as to ensure unified development. 3. Development standards. Mirfimum lot area: Maximum lot area Maximum height Maximum lot coverage (Building): Maximum density Minimum usable open space pe~ Perimeter Setbacks 1 acre 5 acres 45 ft. (lesser height may be required for compatibility with adjacent development) 50% Determined by underlying land use: 10.8 du/ac for lands classified High Density Residential (HDR) or Local (LRC); or lands classified Special ~ensity Residential. of adiacent zoning district(s) but with a minimum qf the setback required_for a single-_family residence, as determined by the orientation of structures in the IPUD. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the various architectural c, omponents of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinit%,. The buildings should not detract l~om or dominate the surrounding area. (2) Materials. A variety of materials :hcu!~ must be utihzed to provide visual interest to the buildings. Colors and materials sb.c"2~ must be selected for compatibility with the site and the neighboring area. The exterior building design :kc."2d must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity. So? & S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEVV~CDRV IPUD\IPUD 06-30-04.doc 3 (3) Articulation. Well-articulated buildings add architectural interest and variety to the massing ora building and help break up monotonous facades. A variety of features chcu!d must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up fiat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. ~b_.Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening shc?.Id mu~t be intended to shield neighboring properties from any adverse extemal effects of the proposed development. (3) Screening and buffering shcu!d mu~t also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special the intrusion of automobile headlights on driveways. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access to public walk-ways shall be provided. b. ~ ~ Usable.open space. owr.~r~.-~ ~r:as,Shall be required for residential development projects and mixed-use residential (2) "'~; ...... :-~ .... ~-~ -~-~,, ~-~ ~:~ ,~ :-:-~- ' "-'~ .... ~':~:~' ~^ *~' .... :'~-*" Shall include active or passive recreational space; (3) o.4...~ ..... ""'--'~- "-*"--~ ..... zn~ ;;'at:r bc,~e,r. ~ha!l nat count to. ward ..,,, .... ~,,... ~.".cc. Shall not be occupied by streetsi drives, parking areas, or structures other than recreational structures; S:\Plannlng~,SHARED\WP~PECPP, OJ~CODE REVIEW~CDRV IPUD\IPUD 0~30-04,doc 4 proposed; (4) Shall be designed to be available and accessible to every dwelling unit (5) Shall, where feasible, be centrally located in the development; and (6) Shall not include private courtyards, natural areas and water bodies. de_.Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters c,h.".!! must be screened and designed such that the~ are not visible_from or disruptive to ad[acent properties, streets, and rights-of-way while still being so-as4e-~ conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located w/thin setbacks abutting singleofamil¥ residential developments. e:f._Mixed land uses. (1) Within the [PUD, mixed land uses may be proposed. (2) fi:onting on streets classified as "arterial" on map in the Boynton Beach Comprehensive ] (3) ~ compatible with adjacent uses and established design characteristics. (4) ~ .... ~:~:~...a, ~.^. *.~ :..~ ~ ~ ........ , +~ ........ ~ ~ .... ~ ..... , ........................ ~.~ ............... ~ ~,.~,~, ....... coinl~erc uses s be small-scale retail and services, prknaril~ to serve the residents of thc [PUD, and not the public in ~encral. (.5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible_from or disruptive to ad[acent properties, streets, and rights-qf-wa¥. K. Compatibility with surrounding development. ([) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properfies~ For this purpose, elevations and cross-sections showing adjacent structures shall be included with the site plan application. $:~,Plannlng'~SHARED~WP~SPECPRO&CODE REVIEW~CDRV IPUD\IPUD 06-30-04.doc 5 (2) If vegetation, screening or other barriers and/or creative design on atoag the perimeter of an IPUD ~c net achieve ~ compatibility with adjacent uses, the City may impose grant some relief_from the following two requirements: a. Any IPUD located adjacent to aa existing single-family residential development(s) .... *' ...... ~'~'~ ..., .... ~ ...... must locate structures of the same unit type or height allowed by the ad/acent zoning district(s) -~ b. Structures ~ on the perimeter oft~he an PUD project, in addition to the basic setback requirements, must n.. ~. ...... ~.~n ,~ m,~T .... -t ..... be set back one (1) additional foot for each one (1) foot in height for that Ncrdcn eftheperimeter structures exceed abcve thirty_ (30) feet q-~;o .aa;+;^-n~ -~,*.~- -,: ..... .~ ~. ~.~; ...... ~~" ~,+t.~ t...:~..~+k,.~t, requirements (3) If an IPUD is located with_frontage on the Intracoastal Waterway, conditions of approval shah include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries o_f the pro/ect's actual frontage on the water, regardless of what any other governing or permitting enti~ map allow or permit. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the [PUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the Cil~an~lol~i ~nt~l~qi~il~. However 'm no case shall (2) , · · Roadwa s rovidin external co 't l~rk shall meet all requirements contained in the CiW's Land Development Regulations. ~..i. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest intensi _ty and energy use adequate for ,its purpose, and shall not create conditions of glare that extend onto abutting properties. h:.j._ Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. $:\Planning\SHARED\WP~PECPRO&CODE REVIEW~CDRV IPUD\IPUD 06o30..04.doc DEVELOPMENT D~PARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-147 TO: THRU: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf~~'~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: SUBJECT: June 28,2004 Abandonment of a 20-foot wide alley lying east of Lots 20, 21 and 22 in Block 3, Lake Addition to Boynton (ABAN 04-002). NATURE OF REQUEST The applicant and agent for Boynton Seafood, Carter Logan, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 9th Avenue and N.E. 10th Avenue. This request to abandon a public alley was submitted on Apdl 23rd, 2004. This abandonment is for the following unimproved platted alley segment: A portion of a twenty foot wide alley being east of lots 20, 21,22 and west of Lot 19 as shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach Countyin Plat Book 11, Page 171 and being more particularly bounded and described as follows: Beginning at the northeast corner of Lot 20, Plat of Lake Addition to Boynton Beach, at the south right of way of Northeast 10"~ Avenue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence eastedy on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northerly, maintaining a distance of 20 feet from and parallel to the eastedy bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10 Avenue. Thence westerly along the right of way of Northeast 10~h Avenue a distance of 20.18 feet more Or less to the point of beginning. Subject to easements, dght of way and reservations of records. The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North N.E. 10th Avenue right-of-way, and farther north a vacant commercial building zoned C-4; South - Boynton Beach F.O.E. #3944 lodge buildlng, zoned C-4 and farther south, N.E. 9th Avenue right-of-way; East West A vacant parcel within a single-family neighborhood, zoned R-l-A; and 5508 Boynton Seafood property, zoned C-4, and farther west, North Federal Highway right-of- way, zoned C-4. Page 2 Memorandum No, PZ 04-147 ABAN 04-002 BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the dght of reversion if not used as such. As such this clause is in favor of the odginal interest party if any dght of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. The applicant has the intention of vacating the adjacent portion of the 20-foot wide alley to consolidate it with Lots 20, 21 and 22 in order to renovate the Boynton Seafood property. The renovation of the Boynton Seafood is proposed to include but not limited to parking lot expansion / reconfiguration. When abandoned the alley will revert to the adjacent property owners; one-half to the property owner to the east and one-half to the property owner to the west. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning andZoning No objection Approval with conditions (See Exhibit "C") No objection PUBLIC UTIEITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection Approval with conditions (see Exhibit "C') No objection No objection N/A It noteworthy that other segments of this same alley have been previously abandoned as supported by similar analysis and findings. RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon a segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions recommended by the Community Redevelopment Agency Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File $:~Plannlng\SHARED\WF~PROJECTS~Boynton Seafood~Staff Repoif.doc 1 in. = 100.0 feet IT BOYNTON SEAFOOD LOCATION MAP EXHIBIT "A" Z~ O )"IV TON SEA ~-OOLD EXHIBIT "B" 151.19' EXHIBIT "C" Conditions of Approval Project name: Boynton Seafood File number: ABAN 04-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require a conversion to a utility easement of the same width. The twenty (20)-foot wide alley shall be replaced by twenty (20) foot wide utility easement. 2. No structures shall be constructed or landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments:None 9 ~0~'i~ Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None PRIVATE UTILITIES Comments: 3. Bellsouth will require a utility easement to maintain the existing aerial facilities. The alternative to an easement would be a relocation of facilities at the owner's expense. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: t. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S .'~P~anning~S HARED~WP~ROJ ECTStBoy/lton Seafoo~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Seafood APPLICANT'S AGENT: Carter Logan / Jim Hanson APPLICANT'S ADDRESS: 12950 W. Dixie Hwy. North Miami, FL 33161 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request to abandon a portion of the 20-foot wide all~ethY in the Lake Addition Plat located east of Lots 20, 21, and 22 and west of Lot 19 between N.E. 9 Avenue and N.E. 10th Avenue. LOCATION OF PROPERTY: Alley located between N.E. 9th Avenue and N.E. 10~ Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant . HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: City Clerk S:~Plannlng\SHARED\WP\PROJECTS~Boynton Seafood\DO Revised for CRA.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-151 TO: THRU: FROM: DATE: SUBJECT: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf Planning and Zoning Director Maxime Ducoste-A. Planner June 30,2004 Lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It is described as follows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Ddve North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of th® road easement to be abandoned. The attached Exhibit "B"-shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. North - A single-family house zoned R-l-AA, single-family residenUal district; South A single-family house zoned R-I-AA, single-family residential district; and East Intracoastal Waterway right-of-way; and West Lake Drive North right-of-way and farther west a single-family house zoned R-I-AA, single-family residential district BACKGROUND In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit "B-I"). This subdivision included two (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Aisc 5509 Page 2 Memorandum No. PZ 04-151 ABAN 04-003 indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens includes avenues, ddve and walks. The avenues and ddve contained in the Plat o. Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the intent and purpose of the two (2) "walks", which were intended to provide access to the Intracoastal Waterway from Lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (Lots 31 and 32)in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineedng Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Flodda Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located immediately east of Lake Drive North, and as described above, be approved. This recommendation is based on staff's findings that the unimproved walk easement serves no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~Plannlng~SHARED\WP~PROJECTS~Lake Ddve North~ABAN~Staff Report.doc 1 in, = 100.0 feet R-3 -3 LAKE DRIVE NORTH LOCATION MAP EXHIBIT"A" 4 -© EXHI~I~B',. LOGAT I ON MAI' N.T.5.. Z OI~AI NA~ N0q'E~: . - 15.OOO ZXA~'. A? (Eh q! Oq/~O/a.l. C~ITY-I"~IqlEb NO. I &C:t ~IG 000'4 klM" REVI~: e~EI"TEM~R ~O, I q~. (;L'q~TI PY' TO: 'O0'E 4. ~'0' P~IVE.N~RTH the north 653.4 ft. of the south 983..4 ft,'of both .0ovt. Lot 3 in -- Sec. i$ and that.part ot the S.W.~/~ of the N.W.~/4 of $~ctlon 15 lying east of the Dixie Highway, all In Twp. 45 ·South R. 43 E., Palm Beach County, Fla. 1922 Seaboaa'd ]~a~. Assn., 6o ft. to the inch. 'Lake :/6 /5 /.,.v ./~- // /0 .7 Keisey D. Purdy Stiles C. Hall 0wners'& Developers · -~6 · ' '-'~7 48 P. 1~. Bo',p~rei-J, Chief Engr., Fla. Cert. t37. Worth DR l~,r]3~ 85' · '" '~ 7'..~ .I 78 I I 77' · I I /1~- //.$" //f~ · //8 /,~ o /,~ / EXHIBIT "C" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None Comments: None POLICE Comments: None ENGINEERIING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S.'~P;ann~g~HAREDW~PROJ ECTS~.M;e D~%~ No~td~COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 2625 Lake Drive North APPLICANT'S AGENT: Rodney J. Regan APPLICANT'S ADDRESS: 439 Pine Tree Ct. Atlantis, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens. LOCATION OF PROPERTY: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, located between Lake Ddve North and the Intracoastal Waterway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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: City Clerk J :\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001- Revised.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-165 TO: THRU: FROM: DATE: SUBJECT: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf Planning and Zoning Director Maximeplanner Ducoste-A.~v July 6, 2004 Abandonment of a 50-foot wide right-of-way running east-west in Block 4, Lake Addition to Boynton (ABAN 03-011 ). NATURE OF REQUEST City staff are requesting abandonment of an unimproved 50-foot wide right-of-way located on N.W. 8th Avenue approximately four hundred (400) feet west of Seacrest Boulevard. This abandonment is for the following unimproved right-of-way segment: That portion of the road right of way for NW 8~h Avenue lying north of lots 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, FIo#da, Described as follows: Beginning at the northwest corner of said lot 154; thence easterly along the north line of said lot 154, a distance of 100.26 feet to a point on a curve concave to the southwest having e central angle of 126026'42'' and a radius of 10. O0 feet; thence southeasterly along the arc of said curve, a distance of 22.07 feet to a point on the eastedy line of said lot 154; thence northeasterly along the northeasterly projection of the easterly/ina of said lot 154 a distance of 19. 82 feet; thence northerly forming an included angle of 143°33'18"to the right from the preceding course, a distance of 50. O0 feet; thence westerly forming an included angle of gO°OO'OO"to the right from the preceding course, a distance of 240.16 feet; thence southerly forming an included angle of 90o00'00'' to the right from the preceding course, a distance of 50.00 feet to a point on the northwesterly projection of the westerly line of said lot 155; thence southeasterly along said northwesterly projection, a distance of 19.82 feet to a point on a curve to the southeast having a central angle 126°26'42"and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a distance of 22.07 feet to a point on the north line of said lot 155; thence easterly, along said north line, a distance of 100.26 feet to the point of beginning. The location map, attached as Exhibit "A", shows the immediate vicinity of the subject right-of-way. The attached Exhibit "B"- "Proposed Abandonment" is a survey of the subject street which indicates its proximity to adjacent properties. The following describes the zoning districts and land uses of the properties surrounding the subject request. No~h A single-family house zoned R-l-A; South - A single-family house, zoned R-l-A, and farther south, is N.E. 8th Avenue right-of- way; East N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-l-A; and 5510 Page 2 Memorandum No. PZ 04-165 ABAN 01-004 West - N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-1-A. BACKGROUND The Boynton Hills subdivision was originally platted in 1925. Contrary to the grid pattem used in the development of most American towns, the design of this subdivision was based on the radial scheme and diagonal avenues in lieu of the grid (see Exhibit "B" - Boynton Hills Subdivision). The streets, avenues and alleys are dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The ultimate street design within this area is a unique pattern of many curvilinear streets and avenues extending from NW 10th Avenue south to Boynton Beach Boulevard. The subject portion of this unique street pattem is a straight segment extending through the center of four segments platted in a diamond shape. Three of the four segments comprising the "diamond" configuration are improved. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objections Approval with conditions (see Exhibit "C") No objections PUBLIC UTILITY COMPANIES Flodda Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C') No objections No objections No objections N/A The property located on the north side of the subject right-of-way is developed with a single-family house while the southern properties are vacant, zoned R-l-A, and were recently acquired by Habitat for Humanity for the construction of single-family residences. Staff requests this abandonment to vacate the 50-foot wide right-of-way because it is unimproved, lacks necessity given the greater network around the subject street segment, and could contribute to the confusion of motorists. Proper flow and signage for unique intersections and street patterns is a challenge, and is simplified by the elimination of the subject street at this location. Abandonment of the 50-foot wide right-of-way, as shown on the survey, will result in the reversion to the adjacent property owners. Although this odginal street pattern represents a unique part of history in these neighborhoods, and possibly worthy of preservation, this overall network has already been altered by previous abandonments, to accommodate the Sara Sims Park, Boynton Terrace Apartments and expansion of the First Baptist Church. It should be noted that the subject abandonment can occur while leaving the chance to preserve a portion of symmetry within this section of the network. This balance in the network is contingent upon the ultimate improvement of the remaining unimproved segment (Grand Blvd. West) of the "diamond" configuration that surrounds the segment to be abandoned. ~,~/D ~ Page 3 Memorandum No. PZ 04-165 ABAN 01-004 RECOMMENDATION Staff finds that the subject unimproved street provides no public purpose except for utilities, and therefore recommends that this request to abandon a portion of the 50-foot wide right-of-way as described above, be approved, subject to the comments included in Exhibit"C"- Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~Plannlng~SHARED\WP~PROJECTS~Iangrove Alley AbandonmentS, BAN 01-004~aff report.doc 1 in, = 100.0 feet o~oo 1300 1560 IT 1530 1540 1390 1520 1402 1320 1330 1450 1460 1470 1550 1540 1501 1562 1561 1530 1390 R-3 '00 1230 1210 13'00 NW 8TH AVENUE LOCATION MAP ,~-/o ~__ EXHIBIT "A" EXHIBIT "B i J '/ EXHIBIT "C" Conditions of Approval Project name: NW 8t~ Avenue File number: ABAN 03-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require the establishment of a utility easement in accordance with the Engineering Division's requirements in order to support any existing or future utility infrastructures. 2. Ifa utility easement is required, no structures shall be constructed or landscaping placed within the utility easement without express written consent of all lc[al entities occupyin~ said easement. UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEE~G DMSION Corcanents: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/E~O~NT~IST Comments: None ~'"~--'-// Conditions of Approval 2 DEPARTMENTS INCLUDE REIECT PLANNING AND ZONING Comments: None PRIVATE UTILITIES Comments: 3. Florida Power and Light will require at minimum a ten (10) foot wide utility easement to maintain the existing facilities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS .. Comments: 1. 'To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: NW 8t' Avenue Abandonment APPLICANT'S AGENT: City Initiated APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425-0310 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request for abandonment of a portion of the unimproved 50-foot wide right-of-way for NW 8*h Avenue between Lots i 54 and 155 Block C and D, Boynton Hills. LOCATION OF PROPERTY: The unimproved 50-foot wide right-of-way for NW 8~h Avenue between Lots 154 and 155 Block C and D, Boynton Hills. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on.Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WP~PROJECTS\NW 8th Avenue\DO Revised for CRA.doc DEVELOPMENT DEPARTMENT PLANNI'NG & ZONI'NG DI'VZSI'ON MEMORANDUM NO. PZ 04-166 TO: FROM: THROUGH: Chair and Members Communi~ent Agency Board Dick Hudso~li~S'enior Planner Michael W, Rumpf~,¥~ Director of Planning and Zoning DATE: .lune 30, 2004 SUB.1ECT: Functional Classification Map Amendment (CPTA 04-004) INTRODUC'rZON The existing Functional ClassificaU0n of Roadways Map (_Figure 4) (see Exhibit A) in the TransportaUon Element support documents was amendded with the EAR related amendments in .lune 2000. The map was based on the Palm Beach County Functional Classification Map from Z996. Since that time, the County's map, which is based on the State ClassificaUon Map, has been updated using a different legend than that used in earlier versions of the map. Staff is also proposing the addition of two local streets to be designated "Local Collector" roadways, a. classification that does not appear on State or County maps since the designation of Local Collector roads is a prerogative of the City. Those two streets are Southeast 4~ Street between BoyntOn Beach Boulevard and Southeast 12th Avenue, and Martin Luther King .lunior Boulevard between Federal Highway and Seacrest Boulevard (drcled on attached map, Exhibit B). PROCEDURE As with all Comprehensive Plan text amendments, changes to the Plan's support documents are restricted to the twice-yearly cycles of "Large-Scale" amendments. Following .approval by the City Commission, they will be transmitted to DCA and other state, regional and local agencies for review and comment prior to final adopUon. By definition, "Local Collector" roads are designed to carry moderate volumes of traffic from other collector roads and local roads to the arterial road network. originating in one location within a municipal boundary, destined municipality, Both of the roadway segments that are being desig with the definition. The designation of these two roadways will support redevelopme redevelopment plans. Future rezoning of parcels fronting on the.~ Low Intensity zoning district will allow redevelopment of these pn maximum of forty-five feet (457 in height and up to twenty dwelli 5511 Page 2 File Number: CPTA 04-004 Functional Classification of Roadways Map This intensity of development is consistent with adopted redevelopment plans for the areas and is not intended for parcels with frontage on local streets, RECONMENDATZON Staff recommends approval of the proposed amendment to the Functional Classification of Roadways Map (Figure 4), found in the Support Documents for the Transportation Element of the Comprehensive Plan. The amendments to the map uUlize the same designaUons used by Palm Beach County and the designation of two segments of roadways as "Local Collector" roads will enable redevelopment of two areas of the City consistent with adopted redevelopment plans. ATTACH M ENTS S:\Rannlng\SHARED\WP~PECPRO.I\CPTA\04-004 Funct. Oass Map\STAFF REPORT CPTA.doc HYPOLUXO I~ / / // EXHIBIT "A" ~OYN'I'Ot~ : I/OOI. SRI ~IT / - CC; ~ 1¥[ $ CC / ~, ! / LEGEND ~P - ffTATE PRIN¢IP~J. No( Tb Sc~',~ CC - COUffTY COLL/C'TORS c - CZTY CCI..L~ClORS SOURCE: '1996 comp, Plan E.A.R. L - LOC~ CGLLECl'CI:~ - NOT OH S*TA'I'E CL,J,S.fZFIC~TIC~ BO YNTON BEA CH COY, PttEHENSI VE PL AN ' '- Funcfion~! ClasSification of P,o~dw~ys LEGEND U · PAl: Principal Artli'lll - InteritIte U - PAO: PrlnclplI ArtiriiI · Other U · MIN: Minor Arterlll U - COLlu Collector L - Locll Collectors -not on Stlti CllIIlflcltlon 51100 818~' BOYNTON BEACH COMPREHENSIVE pLAN FUNCTIONAL CLASSIFICATION OF ROADWAYS 2000-20t0 FIGURE 4 DEVELOPMENT DEPARTHENT PLANNING & ZONING DI~/~SI'ON MEMORANDUM NO. PZ 04-163 TO: FROM: THROUGH: Chair and Members Community ~le~pment Agency Board Dick Hudsor~Se~r Planner Michael W. Rump~R-~/ Director of Planning and Zoning DATE: SUBJECT: June 30, 2004 Transportation Concurrency Exception Area (CPTA 04-0,~.~ 'rNTRODUCI~ON Over the past several Years, the Community Redevelopment Agency (Agency) has initiated several redevelopment plans with the intent to build a livable, sustainable community and provide a catalyst for redevelopment and growth within the Community Redevelopment Area (CRA). The redevelopment plans promote and increased residential densities and commercial intensities in an integrated mix of land uses that enhance non-automobile modes of travel. Even so, we are aware that the redevelopment plans will ultimately generate additional vehicular traffic impacts on the transportation network in the downtown and surrounding areas. These impacts could severely limit the redevelopment potential of the downtown. The establishment of a Transportation Concurrency Exception Area O'CEA) for a portion of the CRA (see Exhibit "C'~ will give the City and the Agency an essential tool to meet the goals of infill development and redevelopment while minimizing the negative consequences of transportation concurrency. The TCEA designation is being pursued under the requirements of Rule 9.1-5.0055(6)(a)2, Florida Administrative Code, as a specific geographic area delineated in the Comprehensive Plan for an urban redevelopment area containing not more than forty percent (40%) developable vacant land. The amendments to existing goals, objectives and policies and additions of new objectives and policies have been developed to provide a set of strategies and recommendations to manage traffic operations, maintain mobility options and support redevelopment in and around the TCEA and the City's Community Redevelopment Area. While the establishment of a TCEA exempts projects within the delineated area from the requirement of meeting traffic concurrency, it also sets limits on the amount of development that will be allowed (Policy 2.1.8). In addition, there are requirements for periodic monitoring and requires specific actions to correct any negative effects the TCEA designation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. 5512 Page 2 File Number: CPTA 04-003 Transportation Concurrency Exception Area PROCEDURE In October 2003, the City of Boynton Beach petitioned Palm Beach County to amend the Transportation Element of the County's Comprehensive Plan in order to recognize a TCEA in the City's Community Redevelopment Area. Those amendments were approved by the County Commission and transmitted to the Florida Department of Community Affairs {DCA) in early April 2004. This is the City's first opportunity to amend its Comprehensive Plan to meet the 93- 5 requirements. As with all text amendments, these are restricted to the twice-yearly cycles of "Large-Scale" amendments. Following approval by the City Commission, they will be transmitted to DCA and other state, regional and local agencies for review and comment prior to final adoption. PROPOSED COt-IPREHENSI'VE PLAN ~ AHENI)HENT Kimley-Horn and Associates, Inc., transportation consultants, has prepared the accompanying justification report (Exhibit "A"), proposed text amendments (Exhibit "B") and IocaUon map (Exhibit "C'~. RECOMHENDATZON Staff recommends approval of Comprehensive Plan Text Amendments to establish a Transportation Concurrency Exception Area ('rCEA) in portions of the Community Redevelopment Area of the *City 'to give the City and the CRA an essenUal tool to meet the goals of infill development and redevelopment while minimizing the negative consequences of transportation concurrency. A'i-FACHMENTS S:\Plannlng~SHARED\WP\SPECPRO.I~CPTA\O~003 'r~_.A~I'AFF REPORT CPTA.doc City of Boynton Beach Transportation Element Goals, Objectives, and Policies Goal 2 Objective 2.1 Policy 2.1.1 Policy 2.1.2 To develop and maintain a transportation system which will serve the transportation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes multi-modal transportation options, such as walldng, bicycling, and transit. The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standardsa except within the transportation concurrency exception area frCEA) and desienated constrained roadways at a lower level of service (CRALLS): · Level of Service "GD" or better ....a~. a.a.. J _ .. ....... ~ and peak hour conditions on all unspecified City and collector highway facilities. Level of Service ,,t~,, tA ....... ~ ~ a....,., n- a T .... ~' ..."~' ~....e~--~"....~ "D- for daily-peak season--...~"a .......... ~.... v...._~ peak hour conditions on all no unspecffied arterial facilities. Level of Service "D" for ......... '~ '~"' .... '~ peak hour conditionson .............. ~ ...... · ~..., ..... a .... ,~. ~r e~ ~,a.a · ....... vm ~ through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1- 95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of pub~e adequate motor vehicle transportation facilities needed to maintain the minimum level of service adopted by the City, except projects located within the transportation concurrency exception area (TCEA). The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County City of Boynton Beach Comprehensive Plan Amendments 04-2 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 regarding the designation of "Special Transportation Areas" for those roads with operational standards less than Level of Service "D," including Transportation Concurrency Exception Areas (TCEA) and Constrained Roadways At a Lower Level of Service (CRALLS). Policy 2.1.3 The City shall continue to annually identify Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and requirements for development project traffic studies, highway improvements and phased traffic impacts, the City shall only approve additional development projects which would "Maintain" operating conditions on Backlogged and Constrained facilities, except within TCEAs and CRALLS, and not cause adopted level of service standards to deteriorate on other roadways. Policy 2.1.4 The City shall petition Palm Beach County for the necessary exceptions to the Palm Beach Countywide Traffic Performance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. Policy 2.1.5 The City shall continue the enforcement of the adopted County-wide Traffic Performance Standards Ordinance, and conformance to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. Policy 2.1.6 A transportation concurrency exception area (TCEA) is hereby established and designated for a portion of the Boynton Beach Community Kedevelopment Area (CRA) as shown in Exhibit TE-1. The TCEA shall be limited to the maximum allowable number of units, square footage, total daily trips, and total pm peak hour trips identified in Table TE-1. Any proiect utilizing the TCEA and significantly impacting the Florida Intrastate Highway System (FIHS) shall be required to address its impacts on the FIHS as required by Palm Beach County. In return, the Ci_ty will actively pursue the goals, objectives, and policies contained herein to create sustainable development patterns within the CRA supportive of walking, bicycling, and public transit. Policy 2.1.7 Beginning March 1, 2006, the City shall prepare an annual monitoring report for development approvals within, the TCEA to demonstrate compliance with the conditions of the ratio of approved residential units to 1,000 square feet of approved office and non-residential space. The City will forward this report to the Palm Beach County Planning Director for review. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-2 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 P_olicy 2.1.8 Development approvals utilizing the TCEA shall remain at or below the maximum allowable limits for units, square footage, total daily trips and total p.m. peak hour trips set by Table TE-1. No building permits shall be issued for new development when the applicable maximum allowable limit for that development is reached. TABLE TE-1 BOYNTON BEACH CRA - TCEA PLANNED DEVELOPMENT THRESHOLDS Allowable Land Use Intensities Reeldentlall Other Rental Hotel Industrial Office Non- Planned Units Units residential Land Use Totals 7,775 500 235,000 1,970,000 1,450,000 Allowable variance +/- (%) 15% 25% 10% 10% 10% Maximum Allowable 8,941 625 258,500 2,167,000 1,595,000 Minimum Allowable 6,609 375 211,500 1,773,000 1,305,000 Allowable Vehicle Trips Daily Traffic , PM Peak Hour Traffic Planned Land Use Net New Tdps tbd tbd Allowable Land Uae Ratios Residential/ Residential/ Office Other Non-Residential Maximum Allowable Ratios 5.0 5.9 Minimum Allowable Ratios 3.0 3.6 Policy 2.1.9 The CiW shall annually monitor the intersection of Boynton Beach Boulevard and U.S. 1 (Federal Highway), and coordinate with FDOT and Palm Beach County to improve this intersection when necessary, and if feasible. Policy 2.1.10 Begj'nning with the March 1, 2007 annual report, and at the end of each reportin~ period thereafter, the cumulatiVe ratio of approved residential units to 1,000 square feet approved office and other non-residential uses shall remain between the maximum and minimum allowable ratios Objective 2.2 Policy 2.2.1 identified in Table TE-1. The City shah continue to implement the future Transportation Plan on apriority basis and shall coordinate same with the City's Future Land Use Plan, Housing Elemenh and Coastal Manaeement Element. Measure: Development of road improvement priOrity Hsting, miles of roadway constructed and .other improvements, and maintenance of adopted Level of Service standards. The City shall continue to establish and maintain an updated prioritized listing of short term (2005), mid-term (2010), and long term (2020) transportation improvements for use by the City. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-3 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 Policy 2.2.2 The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all programmed road improvements as identified in the City's Transportation Element. Policy 2.2.3 The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County and/or state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. Policy 2.2.4 The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate umfimded or otherwise lagging road improvements, including pedestrian, bicycle, and community transit projects, particularly within the TCEA. Policy 2.2.5 By January 2005, the City, through the CPA's Direct Incentive Program and its Affordable Access component, shall implement a program to make affordable housing available to Iow-to moderate income households (with incomes of 80% to 100% of median, household income in Palm Beach County) in the TCEA. The affordable units in this program must remain affordable for a minimum period of 10 years. The City shall continue implementation of the policies under Objectives 6.1, 6.3 and 6.6 of the Housing Element of the Comprehensive Plan to provide other programs benefiting very_ low, low and moderate income' households. The City will also insure that 5% of new or rehabilitated housing within the TCEA area is available for occupancy by these households, with pricing consistent with SHIP guidelines, and rent levels consistent with affordable effort ratios. The City will be~n the annual monitoring of the affordabili _ty of housing within the TCEA by January 2006. Policy 2.2.6 The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the TCEA associated with hotel/motel and residential developments within the hurricane vulnerabili_ty zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability, the City_ shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely manner. The City shall also participate in a long-term, Countywide, comprehensive shelter program coordinated with public, private, non-profit organizations to ensure adequate Shelter space is available for the long-term needs of the TCEA and the County. Objective 2.3 Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and City of Boynton Beach Comprehensive Plan Amendments 04-2 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 address themed for any capacity or traffic calming/safety-related road improvements on an as needed basis. Measure: Number of case studies performed; Number of safety related improvements implemented. Policy 2.3.1 The City shall perform a traffic count mad special traffic studies for local streets and collector roadways on an as needed basis. Objective 2.4 The City shall develop and maintain a safe, convenient, and e~rgy cftc!cut multi-modal transportation system, including walkinl~, bicycling, and public transit~ which will meet future as well as current transportation needs~ particularly within the TCEA and the CRA. Measure: Number ~tv, ~OV ,=,v~"+~ ~.p: ...... ,~,,,,,'~,,,, '~,~ ~an:~ tr~p: as e:fimate~ by -~-~'~ ~ .... ~ ~+~-,~,~ Transit ridership with~ the TCEA and ~e C~. Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. Policy 2.4.1 The City's engineering and police department shall continue to investigate local high crash locations to identify potential methods of minimizing or eliminating future problems (through Palm Beach County's Community Traffic Safety Team). Policy 2.4.2 The City shall continue to support the construction of sidewalks and/or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. Policy 2.4.3 The City shall continue to require unobstructed sight lines and non- obtrusive landscape plantings along medians and at development driveway/street locations. Planting within and along roadway rights-of- way should emphasize the use of native vegetation. Policy 2.4.4 The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. Policy 2.4.5 The City shall, *--'~: +~.~ ...... :~. ,.~.-,~ mcd'.'~' and enforce regulations to include access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive mm lanes and intersection signalization (warrants per the Manual of Uniform Traffic Control Devices). City of Boynton Beach ComprehenSive Plan Amendments 04-2 2-5 Date: November 00~ 2004 Transportation Element Ordinance No. 04-00 Policy 2.4.6 The City shall implement the recommended bikeway classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands and needs. Policy 2.4.7 By January 2007, the City shall complete an inventory_ of existing sidewalks on all medal, collector and local streets within the CRA and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policy 2.4.8 The City shall request that sidewalks be installed and/or repaired as part of any State or County roadway widening or improvement project. Policy 2.4.9 The City shall work with the FDOT and Palm Beach County to provide traffic control and design features to enhance pedestrian activity along all State and County facilities within the designated TCEA. Policy 2.4.10 The City acknowledges that in order to provide traffic circulation and transportation infrastructure consistent with the requirements of the TCEA, it will be necessary to augment the existing local transit circulator system. By January_ 1, 2005, the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for the TCEA including specific route ali~.tmments, infrastructure needs, headways., hours of operation, and other service characteristics. The City and the Boynton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment proiects within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before January 1, 2007, then the City shall conduct a monitoring study for such implementation every two years. This monitoring study shall be submitted to the County Engineer and Planning Director on March 1, 2007, and every second year thereafter until the City implements the circulator plan. The County must review and approve any such monitoring study that would otherwise allow additional delay in implementing the transit circulator plan. Policy 2.4.11 The City shall inventory and prioritize enhancements for transportation pr0iects within the boundaries of the TCEA in the City's Five Year Capital Improvements Program. Policy 2.4.12 The City shy. Il promote a variety of transportation choices within the CommUnity Redevelopment Area (CRA) by supporting the following design features for streets within the TCEA boundaries: low speed turning radii; new continuous and permanent on-street parking; pedestrian-scaled lightin_m narrow travel lanes; curb extensions or bulb outs; installation of City of Boynton Beach Comprehensive Plan Amendments 04-2 Date: November 00, 2004 Tram'pox'ration Element Ordinance No. 04-00 shar!ing street trees; bus stops and other transit enhancements; widening sidewalks; installation of bicycle lanes; and use of brick crosswalks. Policy 2.4.13 All streets within the CRA shall, where feasible, include sidewalks on both sides. Policy 2.4.14 The City shall continue to monitor the activities of the South Florida Regional Transportation Authority (SFRTA), particularly related to the FEC passenger service initiative and the City's support for the initiative. Policy 2.4.15 The City shall investigate the opportunity for expanding the Palm Beach water taxi service to include stops in Boynton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops when the service is determined to be feasible in the southern portions of Palm Beach County. Policy 2.4.16 The City shall create and seek oppormaities for grade separated crossings along majorcorridors, when feasible. Objective 2.5 Explore all legally defensible alternatives for protection of public right of-way when reviewing development proposals, provide for the protection of existing and future fight-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, including provisions for shared driveways, shared parking, and handicapped users. Measure: Number of development projects permitted subsequent to performimce review. Policy 2.5.1 The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineering and development review procedures. Policy 2.5.2 The City shall continue to require in the land development regulations the provision of handicapped parking facilities when reviewing development proposals. Policy 2.5.3 The City shall modify and enforce regulations to require the conveyance of right-of-way or easements consistent with the City's Palm Beach County Thoroughfares Plan and with the plans of the Florida Department of Transportation and/or Palm Beach County when corridor right-of-way maps are filed with the Palm Beach County Official Records Division. City of Boynton Beach Comprehensive Plan Amendments 04-2 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 Policy 2.5.4 The City shall review and modify regulations to provide safe and efficient onsite circulation and parking for all vehicles if subsequent analysis determines that on-site design produces unsafe conditions. Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements~ ineludin~ bicyele~ pedestrian~ and public transit infrastructure~ particularly within the TCEA. Measure: Amount of private sector ~.;..a.~.s.~,,_j contributions toward transportation enhancements. Policy 2.6.1 The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. Policy 2.6.2 The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. Objective 2.7 In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. Policy 2.7.1 The City shall promote local, or county and state (Florida Department of Transportation, Palm Beach County) funding for traffic operations improvements with particular emphasis on developed roadways such as US 1, or projected overcapacity arterial or collector roadways such as Congress Avenue and arterial or collector segments adjacent to 1-95, as well as, acquisition of Florida East Coast Raikoad for use as commuter rail and rail with trail facilities. Policy 2.7.2 The City shall, if necessary, consider capacity improvements to US 1 and Boynton Beach Boulevard through restriping of the existing pavement; this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Policy 2.7.3 City of Boynton Beach Comprehensive Plan Amendments 04-2 2-8 __Z Date: November 00, 2004 Transportation Element Ordinance No. 04-00 will submit a request to the Florida Department of Transportation (FDOT) Office of Modal Development for the creation of a transportation management initiative (TMlr) in downtown Bognton Beach or participate in a county-wide TMI. The TMI will include considerations to mitigate peak hour impacts through promotion of flexible work hours, car pooling, ride sharing and reinforce transit use and non-automobile forms of transportation. Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/private parmerships (e.g. Transportation Management Associations and/or Parking Management Associations). Policy 2.7.5 By 2006, the CiW shall amend the land development regulations to include transportation demand management requirements for meier developments within the City and particularly the TCEA. This may be accomplished through cooperation with the TMI. Policy 2.7.6 By 2006, the Ci_ty shall develop transportation system management strategies to more effectively manage the transportation s~tem including, but not limited to, parking management strategies, signal timing coordination, and programs that increase walking and/or bicycling. Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regUlatory measures such as trip reduction ordinances and incentives. Inerca:e '- pti trip .... ~ceupanc7v. --. evv. user:. Ado on of a reduction and/or transportation demand management iTDM) ordinance or establishment or participation of a transportation management initiative {TMI} Policy 2.8.1 The City shall continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. Policy 2.8.2 The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. City of Boynton Beach Comprehensive Plan Amendments 04-2 Date: November 00, 2004 Transpom~tion Element Ordinance No. 04-00 Policy 2.8.3 Policy 2.8.4 Objective 2.9 Policy 2.9.1 Policy 2.9.2 Policy 2.9.3 Policy 2.9.4 Policy 2.9.5 Policy 2.9.6 Objective 2.10 The City shall continue to support the Tri-Rail project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution and/or expansion of the Tri-Kail to Florida East Coast Raikoad upon feasibility of such. The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or environmental impacts (despite the state's recent decision to not fund this program). The City shah continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. Measure: Increase in facilities which meet the criteria below. The City shall continue to institute transportation facility design standards, such as readway signage and lighting, for the entire City or designated subdistricts. The City, in conjunction with the recommendations from the Boynton Beach20/20 Redevelopment Master Plan, the plan shall develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. The City shall continue to program and budget funds for streetscape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to support or, where appropriate, require funding for landscaping and irrigation in transportation projects and for perimeter masonry and/or vegetation screening along all private circulation and parking areas. Plantings within and along roadway fights-of-way should emphasize the use of native vegetation. The City shall continue to enforce local and state laws prohibiting dumping or littering in public right-of-way. The City shall implement recommendations related to the roadway improvements and beautification as recommended pursuant to the Boynton Beach 20/20 Redevelopment Master Plan. The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process City of Boynton Beach Comprehensive Plan Amendments 04-2 2-10 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 and utilize the resulting plans to update the City's Transportation Element as appropriate. Policy 2.10.1 The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization with a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan Planning Organization Five-Year Transportation Improvement Program. Policy 2.10.2 The City shall continue to participate in the Pall Beach County Technical Coordinating Committee. Policy 2,10.3 The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of tran~ortation improvements. Objective 2.11 The City shall continue to assist Palm Tran in providing efficient public transit services based on existing and future trip generators and attractors and also provide local m.~:: public transit road and terminal areas which are safe for transit users. Policy 2.11.1 The City Shall support the transit shelter and terminal development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Rail Authority. Policy 2.11.2 The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development projects. Policy 2.11.3 Reserved. Policy 2.11.4 The City will continue to assist Palm Tran in route selection and publicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule information. Policy 2.11.5 As part of the transit study in Policy 2.4.10 and in cooperation with Pall Tran, the City shall evaluate transit service within the CRA boundaries and identify needs for route reali~rnents and/or bus stop improvements such as well-designed, shelters, bicycle parking, route information, benches, waste receptacles, pedestrian access to stops/shelters or the need for new bus stops. Based upon the conclusions of the transit study, the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-11 z_. Date: November 00, 2004 Transportation Element 0rd/nance No. 04-00 Policy 2.11.6 Increase the City's public transit mode split for work trips to four percent as an effort to reduce motor vehicle use and traffic congestion. Based upon the 2000 Census, the public transportation mode split was 1.53 percent of all work trips by Bognton Beach residents. Ob|ective 2.12 Promote a pedestrian- and bicycle-friendly environment by providine adequate facilities~ such as wider sidewalks~ buffers from travel lanes~ shade trees~ shorter crossine distances. H£hting~ refuges in large intersecfions~ bike lanes~ and bicycle parkine~ for pedestrians and bicyclists. Measure: Length of sidewalks provided~ length of bicycle paths and lanes provided~ and length of multi-use paths provided in the City. Policy 2.12.1 Promote a pedestrian-friendly environment on streets within the TCEA and the CRA by providing adequate and comfortable facilities. Policy 2.12.2 By January 2007, the City shall complete an invento _ry of existing bicycle facilities within the City and place such an inventory in a geographic information system (GIS) to assist City staff identi _fy gaps and priorities. Policy 2.12.3 By January 2005, the City will complete a citywide bicycle facilities study for providing au interconnected bicycle system with the City that connects local residents and visitors to the area with major destinations. Policy 2.12.4 By January 2007, the City shall identify_ all street segments within the TCEA and the CRA that are not currently designated with in-street bicycle facilities and determine the most appropriate design to accommodate such transportation, where appropriate. Policy 2.12.5 By Janum'g 2007, the City shall conduct an inventory of the existing maior street network within the TCEA and the CRA to identify hazards and barriers to bicyclists and prepare a plan for removing or mitigating such impediments. Policy 2.12.6 The City shall provide routine maintenance programs for all designated bicycle and pedestrian facilities within the TCEA. Maintenance shall include, but not limited to, sweeping of bicycle lanes, and filling potholes. Policy 2.12.7 Increase the number of work trips by bicycle within the City by one percent by 2010. Based upon the 2000 'Census, work trips by bicycle accounted for 0.45 percent of all trips by Boynton Beach residents. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-12 Date: November 00, 2004 Transportation Element Ordinance No. 04-00 TO: FROM: TH ROUGH: DATE: PRO.1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNTNG & ZONI'NG DZVZSZON MEMORANDUM NO, PZ 04-149 Chair and Members Community Redevelopment Agency Board and City Co..~p~ Dick Hudsorl~/t~CP Senior Planner Michael W. Rumpf Director of Planning and Zoning 3une 22, 2004 Promenade REZN CH-002 Rezone the property from CBD Central Business District to MU-H Mixed Use-High Intensity Property Owner/Applicant: Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: PRO3ECF DESCR.I:PTZON Boynton Beach Waterways Investment Associates, LLC Weiner & Aronson; P. A. Northeast corner of the intersection of Boynton Beach Boulevard and Federal Highway (Exhibit "A") 3.96 acres Mixed Use Core (MX-C) CBD Central Business District Mixed Use Core (MX-C) MU-H Mixed Use-High Intensity Mixed use-development containing residential, commercial and hotel uses Right-of-Way of NE 4m Avenue then developed property designated Mixed Use (MX) and zoned CBD Central Business District 5513 Page 2 File Number: REZN 04-002 Promenade South: Right-of-way of Boynton Beach Boulevard then vacant property designated Nixed Use Core (MXC) and zoned CBD Central Business District East: City-owned property (Nangrove Walk at the Marina) utilized for stormwater control designated Nixed Use Core (NXC), a portion with a Conservation overlay, and zoned CBD Central Business District West: Right-of-way of Federal Highway then developed commercial properties designated Nixed Use (NX) and zoned CBD Central Business District EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested zoning category is consistent with the adopted land use and with the directions for the City's downtown area; 2. The rezoning will enable the redevelopment of the property consistent with adopted redevelopment plans for the Federal Highway corridor; and 3. The resulUng project will serve to provide an economic contribution to both the neighborhood and the City. PRO3ECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/n/strab'on and Enforcement, ]:tem C. Comprehensive P/an Amendments: Rezon/ngs. In addiUon, the request for rezoning to a mixed use district requires concurrent approval of the site plan for the project. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive p/an po/lc/es including but not//m/ted to, a prohibit/on against any increase/n dwelling unit dens/O/exceed/nE 50/n the hum/cane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the C/O/'s risk manager. The planning department shall a/so recommend//m/tab'ons or requirements, which would have to be imposed on subsequent development of the property,/n order to comply w/th poi/c/es contained/n the comprehensive plan. Policy 1.1~.1 provides definitions for all land use categories. Portions of the section dealing with the Nixed Use-Core category include the following: "This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption Page 3 File Number: REZN 04-002 Promenade of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Nap within the Nixed Use-Core land use category. "A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Nixed Use-Core (NX-C) land use category. For the Mixed Use-Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Nixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. "All land development located in the Nixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." Po//cy 1.22,4 of the Land Use Element reads: "In the City's downtown areas the following standards are to be emphasized: 1. Mixed-use buildings are appropriate; 2. Height of buildings to be consistent with the City of Boynton Beach Vision 20/20 Redevelopment Plan; 3. Density should be higher at the center and radiate out into edges with lower density; 4. Streets should be pedestrian-friendly and safe, not totally designed for the automobile." The rezoning is consistent with the land use designation and with the directions for the City's downtown area. ];n addition, three policies cited below, from the "Federal H/ghway Corridor Commun/ty Redevelopment P/artWare also addressed: "Policy 1.3A: Land uses within the downtown area shall be mixed uses that include residential, destination commercial, retail and restaurants with a marine orientation." "Policy 1.3B: Permitted land uses within the downtown area shall be destination uses and not those with a vehicular orientation." "Policy 1.3C: Land development regulations for the downtown community shall discourage single user commercial uses with front field parking," Whether the proposed rezoning would be contrary to the established land use pattern, or would create an/$o/ated d/strict unrelated to adjacent and nearby distr/ct~, or would constitute a grant o£ spec/a/ p~v//ege to an/nd/vidua/properly owner as contrasted w/th the protecb'on of the pub/lc we/fare. The proposed rezoning is consistent with redevelopment plans for the downtown area and with approved redevelopment projects in the vicinity, including the Narina Village and the Arches, and does not grant any special privilege to an individual property owner. 55' Page 4 File Number: REZN 04-002 Promenade c, Whether changed or changing conditions make the proposed rezoning desirable. The adoption of the "Federal Highway Corridor Community £edeve/opment Plan"in Hay 2001, and the resulting implementaUon activities gave a new direction to the redevelopment of the downtown area of Boynton Beach, which built on the redevelopment objectives established in the "20/20 Redevelopment P/an'; The requested rezoning is consistent with that direction and will be a positive contribution to the redevelopment efforts. d. Whether the proposed use would be compatible with u~'/ity systems, roadways, and other public facilities. Estimates based on the City's adopted Levels of Service indicate that total potable water demand for the proposed 318 condominium and 68 hotel units will be approximately 165,980 gallons per day (gpd) and sewage flow demand will be approximately 74,691 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. As of July 1, 2004, sufficient wastewater capadty is available to serve this project. The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project. Sufficient wastewater capacity is currenUy available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Daily trip generation comparisons prepared by the applicant's traffic consultant indicate that the current commercial development generates 4,157 total trips per day. While the proposed redevelopment is expected to generate 5,156 total trips per day, 2,226 of these are generated by residential development. Because the project is located in the Coastal Residential Exception Area of Palm Beach County, the residentially generated trips are exempt from concurrency. Therefore, the non-residential portion is projected to generate fewer trips that the existing development and meets the Traffic Performance Standards of Palm Beach County. According to a review by Fire-Rescue personnel, to meet the increased demand, additional resources are required such as personnel, apparatus, and equipment. ]:t is imperative that Fire Station #4 be completed and in service by the Ume these new projects are completed and occupied, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a back-up in the northwest quadrant and in the downtown corridor of the City. Station # 4 is scheduled for completion in 2005; however, Station #5 is in the early planning stages and no completion date has been scheduled. ]:t is important that Station #1, as currently located, remains in operation as the first response staUon for downtown projects such as this. This situation also increases the potential for mass casualty events when large numbers of people occupy confined areas. This is becoming more prevalent in many areas of the city. Every added new commercial and multi-family structure increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added in the past several years, inspection staff has decreased. This Page 5 File Number: REZN 04-002 Promenade situation has reached a point that may soon require changes in our inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant fires in these occupancies for several years. New development projects involving multi-family or high-density commercial projects should be approved contingent upon consideration of future upgrades in emergency dispatch capability. These enhancements include new technology related to CAD, GIS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in time to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department is undermanned and over tasked and any significant tasking (additional commercial and multi-family occupancy) will undoubtedly have a negative impact on our ability to provide adequate service unless immediately able to compensate for the shortfall in personnel. Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls in 2000. This is a 14% increase in an already impressive call volume for a city of a little over 60,000. It should also be noted that the department has also increased arrests by 25% since 2000. The Police Department recommends, "that proposed significant increases in our business and civilian population be tied to the addition of officers on the force." Not mentioned in this review is the current plan for the CRA to fund additional staff spedfically for the downtown and selected areas of the CRA. 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 8each County has reviewed the application and has determined that adequate, capacity exists to accommodate the resident population. Their concurrency determination is effective for one year from the issuance date of June 24, 2004. 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 compab'b/e w/th the current and future use of adjacent and nearby properb'es, or would a~ect the property values of adjacent or nearby propert/es. The proposed rezoning would be compatible with the current and future use of adjacent and nearby properties and can only have a positive effect on property values in the area, so long as the site plan for the project is consistent with the development regulations of the zoning district. Page 6 File Number: REZN 04-002 Promenade f. Whether the property is physically and e¢onon~fcally developable under the existing zoning. The property is developed and could be redeveloped under its present designation; however, redevelopment using regulations for the CBD zoning district would result in a product that would be contrary to the objectives of the "Federa/Highway Corridor Community Redeve/oprnent P/an", be automobile oriented, unfriendly to pedestrians and probably not economically feasible in today's market. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluaUng the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with the Comprehensive Plan policies and the City's adopted redevelopment plans. Developed according to regulaUons for the Mixed Use-High :intensity, it will serve to provide an economic contribuUon to both the neighborhood and the City. Clearly stated, increasing dwelling units in the Immediate vicinity is essential to providing a population necessary to support the desired retail and restaurants for a successful revitalization of the downtown. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The Mixed Use-High Intensity zoning district was added to the land development regulaUons in .lune 2002. To date, only two other projects have rezoned to the district. There are no other locations in the City where such use is already allowed. CONCLUSZOflS I REC. OHMENDA TZONS As indicated herein, the requested zoning category is consistent with the adopted future land use designation. :It is also consistent with policies in the Comprehensive Plan, and the directions for redevelopment of the City's downtown area. The additional impacts on infrastructure and services resulUng from this project are to be expected with redevelopment and intensification activities, and are assumed to create issues to be .resolved through service improvements as indicated herein, and creative solutions such as through joint efforts with the CRA. The proposed project will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. :If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Pla n nlng\SHARED\WP\PRO.1ECTS'~Promen~Ie\REZN~St~ff Repot'Ldo: · .PROMENADE LOCATION· MAP ~ CBD _m NE 4TH AVE 'CBD CBI ) CBD BOYNTON BEACH BLVD CBD / ~: CBD CBD · ,,, MX-H -~ ,,, 0 50 100 200 300 40~eet TO: TH RU: FROM: DATE: PRO3ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANN]:NG AND ZON]:NG DI'VZS'rON HEMORANDUM NO. PZ 04-14.4 STAFF REPORT Chairman and Members Community Redevelopment Agency and City Commission Planning and Zoning Director Eric Lee .lohnson, AICP Planner 3une 28, 2004 The Promenade / NWSP 04-009 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: Boynton Beach Waterways Investment Associates, LLC Boynton Beach Waterways Investment Associates, LLC Mr. Michael Weiner / Weiner & Aronson P.A. Northeast corner of North Federal Highway and Boynton Beach Boulevard Mixed Use (MX) Central Business District (CBD) Mixed Use Core (MXC) Mixed Use-High (MU-H) Restaurant 3,000 square feet Retail 19,200 square feet Hotel 68 units ~ J ~--/ 2) Residential 318 Condominium Units 173,151 square feet (3,975 acres) Right-of-way for Northeast 4th Avenue, then farther north is developed commercial property, with a Mixed Use (MX) land use classification, zoned Central Business District (CBD); 5514 Right-of-way for future Boynton Beach Boulevard, then farther south is a vacant lot with a Mixed Use Core (MXC) land use classification, zoned Central Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 2 East: West: Proposal: Concurrency: Traffic: Business District (CBD); Mangrove Walk at the Marina PJght-of-way for Federal Highway, then farther west is developed commercial (Eckerd's Drug Store) with a Mixed Use (MX) land use classification, zoned Central Business District (CBD), BACKGROUND Mr. Michael Weiner, agent for the prOperty owner (Boynton Beach Waterways Investment Associates, LLC is requesting to develop a large-scale mixed-use project. The project would consist of three'(3) separate buildings ranging from two (2) stories to 14 stories. On the site plan, the proposed buildings are shown as one (1) large mixed-use building (parking garage, retail, restaurant, dwelling units, hotel units) while the other buildings proposed along Federal Highway would be comprised of just retail users. Approval of this project is contingent upon the accompanying request to rezone (REZN 0~t-002) the property from Central Business District (CBD) to Mixed-Use High (MU-H). The applicant has also submitted a request for height exception (HTEX 04-002) because as proposed, portions of the building would exceed the Mixed Use Core maximum allowable height (see Exhibit "C"- Conditions of Approval). As of today, this project represents the third major "mixed-use" development for the City within the 'newly created MU-H zoning district. The project is to be built within one (1) phase with an anticipated completion date of December of 2006. ANALYSTS Generally, a project's anticipated traMc is generated by two factors, namely the proposed use and its Intensity. The project intensity Is typically measured by the proposed building area (in square feet). This project's traMc study was reviewed and approved by the Palm Beach County Traffic Division. Based on the Traffic Division's review, it has been determined that the residenUal portion of the proposed mixed-use redevelopment project is located within the Coastal P, esidenUal Exception Areas of Palm Beach County, and the non-residential portion generates less peak hour trips than the existing uses. Therefore, the project meets the TraMc Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date (2006). The County traMc concurrency approval is subject to the Project Aggregation Rules set forth In the Traffic Performance Standards Ordinance. Subsequent to the TraMc Division approval however, the proposed plans were revised to reflect slightly different intensiUes. Since the TraMc Division already approved the traMc study for concurrency purposes, this minor discrepancy between the traffic study and the site plan shall be rectified during the permit review process (see Exhibit "C'- Conditions of Approval). Utilities: Estimates based on the City's adopted Levels of Service indicate that total Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 3 potable water demand for the proposed 318 condominium and 68 hotel units will be approximately 165,980 gallons per day (gpd) and sewage flow demand will be approximately 74,691 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. As of .luly 1, 2004, sufficient wastewater capacity is available to serve thls project. The City of 8oynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County UUIitles, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project. Sufficient wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Drainage: School: Driveways: Conceptual drainage Information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage soluUons be deferred unUI Ume 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" - CondiUons of Approval). The project has met the school concurrency requirements of Palm 8each County for 317 dwelling units. Prlor to the issuance of a building permit, the project must obtain the School District's approval for an extra dwelllng unit (see Exhibit "C"- Conditions of Approval). The project can be characterized as "urban / infill" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The plans show that a parking garage would provide for the vast majority of off-street parking spaces and is intentionally proposed as a hidden structure within the core of the project. Also, the project is not proposing tradiUonal driveways and surface parking lots Iike"suburban"-type projects (where driveways connect to off- street parking located in front of the buildings). Conversely, this project proposes only one surface parking lot. The project's main point of ingress is proposed on Federal Highway. The entrance would be 23 feet in width and the aisle would run in an east-west direction. ]:t would allow vehicles to drive up to the porte-cochere of the 14-story building and then either steer vehicles to surface parking or back onto Federal Highway. The point of egress proposed on Federal Highway would also be 23 feet In width. ];t would allow for right-turn only traffic movement onto Federal Highway. The surface parking lot would contain six (6) parallel parking spaces. The lot would be nestled between the buildings, unseen from adjacent rights-of-way. Vehicles must circulate through the porte-cochere on the main driveway in order to access the surface parking lot. The point of egress from the surface parking lot Is proposed on Northeast 4~h Avenue. This point of egress from the surface parking lot to Northeast 4~ Avenue would be approximately 14 feet in width. _~ ~ lcj- /~ ,, The parking garage would have two (2) entrances of its own, one on Northeast 4t~ Avenue and the other on Boynton Beach Boulevard. Both driveway openings would Staff Report- The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 4 Parking Facility: allow for Ingress / egress movements. All other entrances to the development are for pedestrians only. Off-street parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section 11.H., of the Boynton Beach Land Development Regulations. The project proposes a mix of residenUal, hotel, retail, and restaurant uses. One-bedroom apartment units require one and one-half (11/2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The project proposes 3:1.8 units (a mixture of one, two, and three bedrooms), requiring 595 parking spaces. Restaurant uses require one (1) parking space per 100 square feet of gross floor area or one (1) parking space per 2.5 seats. Since the total number of seats is undetermined at this time, the parking methodology would be based on the gross floor area (3,000 square feet). Based on the gross floor area, the restaurant use would require 30 parking spaces, the equivalent of 7.5 seats. Retail uses proposed within mixed-use projects require one (1) parking space per 200 square feet of leasable floor area. For this project, a total of 81 parking spaces would be required for the retail uses. Hotel rooms require one and a quarter spaces (:[1/4) spaces for each room. The project proposes 68 hotel rooms and therefore, 85 parking spaces would be required. In conclusion, under these standardized parking methodologies, a grand total of 791 parking spaces would be required. However, the project would only provide a total of 750 parking spaces, a deficiency of 41 spaces. However, because the applicant is simultaneously requesting to rezone the property from Central Business District (CBD) to the Nixed Use-High (HU-H), the project would be permitted to utilize the Urban Land [nstitute's Shared Parking Table methodology as a basis for calculaUng the required number of off-street parking spaces. Therefore~ based on the Shared Parking Table, the proposed uses and their respective building areas would requlre a grand total of 771 parking spaces (see Exhibit "C"- Conditions of Approval). The plans propose a four (4)-story parking garage that would accommodate up to 731 vehicles. In addiUon, the applicant also submitted a request for code review, which aims to re-evaluate and modify the Land Development Regulations with regards to the "downtown" parking space requirements. The code review application and the requested changes would potentially Impact this project. Therefore, approval of this project is contingent upon the approval of the corresponding request for code review (see Exhibit "C" - Conditions of Approval). According to the ist Floor Plan, a total of 129 parking spaces are proposed on the ground floor. This would include the six (6) surface parking spaces used for "convenience parking". Levels 2 and 3 would each provide 203 spaces while Level 4 would provide 211.5 parking spaces. All levels would have a certain amount of "tandem" parking spaces, mostly associated with the residenUal units. As previously mentioned, the surface parking lot is proposed within the Interior of two (2) buildings. This lot would extend between main drive and Northeast ~,~ Avenue. Regular parking space dimensions would conform to code requirements of nine feet by eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel spaces. Handicap spaces would be dimensioned twelve feet by eighteen feet. ~ 5-/~ ~ Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 5 Landscaping: In conclusion, the parking garage combined wlth the surface parking lot would provide 750 parking spaces or a deficiency of 21 parking spaces. However, it should be noted that the parking could be negatively Impacted in the future if the applicant requests additional restaurant seaUng (more than 50 seats) or more leasable floor area for the retail uses. If these intensiUes are Increased, thereby creating a parking deficiency, the applicant may request to pay a "fee in lieu" of parking in order to compensate for the difference. Regardless, all requests to pay a "fee in lieu" of would require approval from the Community Redevelopment Agency Board and City Commission (see Exhibit "C' - Conditions of Approval). Between October 1, 2003 and September 30, 2004, the "fee in lieu' of parking spaces cost $2,000 each. Payment of the fee is required prior to the issuance of the first building permit. In addition to the off-street parking, the project is proposing six (6) on-street parking spaces on the Boynton Beach Boulevard extension. However, these spaces cannot contribute towards the number of provided parking spaces. According to the applicant, however, they will be unrestricted and open for public use, The landscape plan (sheet L1) shows that 73 palm trees are proposed, of which, 5't% would be naUve specles. It also Indicates that over 70% of the canopy trees would be naUve. Finally, the landscape plan also proposes 3,341 shrubs / hedges / accents, of which, 52% would be naUve species. The MU-H zoning district requires that at least 15% of the property be pervious area. The site plan tabular data (sheet A.0) shows that the total pervious area would equal 30,250 square feet (0.694 acres) or 17.5% of the site. According to the ExisUng Tree Exhibit (sheet EX-l), the subject site currenUy contains 53 existing trees with a total of 620 caliper inches. The species consist of the following trees: Mahogany, Green Buttonwood, Silver Buttonwood, Oak, and Coconut palm trees. The landscape plan (sheet 1.2) indicates that all the existing trees would be mitigated. The recently adopted regulations for the MU-H district provide specific landscape requirements that are addressed in the proposed landscape plan. The trees proposed within the Boynton Beach Boulevard extension streetscape include Live Oak and Sabal palm trees. The trees proposed along Federal Highway would consist of Alexander and Date palms with a few Live Oak trees. Palms would be used in the streetscape and in other areas of conflict with utility easements, such as along the east property line. A ductile iron pipe for potable water and sanitary sewer is proposed within the pedestrian courtyard and colonnade. It is city policy to prohibit the Installation of full-canopy shade trees within these easements due to the potential Impact of the trees' root systems upon the underground Infrastructure. However in an effort to soften the "hardscape"and to provide shade while still protecting the underground Infrastructure, the landscape plan and the "promenade cross-section" (sheets L2 and !.3) graphically illustrates the location and scale df the Ligustrum trees to be installed within the interior pedestrian courtyards. Each tree would be Installed within a pre-cast planter with Philodendron xanadu planted at the base of each tree. ¢__ Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 6 A utility easement is also proposed along the east property line adjacent to the Mangrove Walk at the Marina site. Similarly,-the only plant material proposed within this easement area would not have invaslve root systems that can damage underground utiliUes. The plant material proposed within this buffer would consist of the following species: Cuban Royal, Cabbage, and Saw Thatch palm trees with various groundcover plants. Building and Site: Building and site design as proposed would generally meet code requirements when staff: comments are Incorporated into the permit drawings. The site plan (sheet A. 1) shows that several two (2)-story buildings are proposed along Federal Highway. These buildings are proposed close to the roadway in order to comply with the maximum setback requirements of the IvlU-H zoning district. The project density would be 80 dwelling units per acre. As a result, none of the hotel units may be converted to dwelling units in the future. To do so would cause the project to exceed the maximum allowable density of the zoning district. The south side setback would be 13 feet - six (6) Inches and the north side setback is 14 feet - nine (9) Inches. The rear setback would range from 16 feet - one (1) inch to 20 feet - two (2) inches. The applicant has Informed staff: of the desire to have awnings placed on the outside of the pedestrian arcade. A note on the cover page indicates that any element projecting over a pedestrian walkway would require a minimum nine (9) feet of vertical distance as well as a five (5) foot wide horizontal pedestrian clearance. Based on the parcel size, the project's maximum allowable lot coverage would be 75% or 129,863 square feet. The project proposes 121,250 square feet or 70% lot coverage. Hany of the buildings would have varying heights but are interconnected at the base level (as shown on the floor plans and elevations). The maximum height allowed by the IvlU-H zoning district is 150 feet. All proposed buildings would comply with this maximum height requirement. The elevaUon drawings (sheet A. 11) show that the roof level of the 14-story building would be 1,~2 feet in height. However, there are portions of the roof that would exceed the maximum height allowed by the zoning district. The peaks of the pitched roof of the cUpolas are proposed as high as 167 feet. These rooftop elements are eligible to be considered for height exceptions. The applicant has submitted a concurrent request for height exception (HTEX 04-002). The MU-H zoning district also has minimum height restrictions for buildings proposed along rights-of-way to be at least 35 feet In height. As proposed, the two (2)-story retail buildings are not 35 feet tall and therefore, do not meet the intent of the code. While it may not be the intent of the code to have a uniform 35 foot roof line, the purpose is to provide an urban edge to the street. Therefore, the buildings proposed along Federal Highway would have to be increased in height in order to comply with code. This revision can be accomplished at the time of permitting. However, it is important to mention that any increase in the project's overall floor area due to compliance with the height requirement may necessitate adjustments to be made to the parking methodologies and concurrency thresholds (see Exhibit "C" - Conditions of Approval). The proposed building composition would be as follows: Residential - 467,000 Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 7 square feet; Retail - 19,200 square feet; Hotel - 52,900 square feet; and Parking Garage - 240,000 square feet. The 1~ Floor Plan shows that only retail uses (Including the restaurant) and eight (8) of the"townhouse style" dwelling units are proposed on the ground floor. The townhouses are not fee-simple and therefore, they are technically classified as condominium units. The hotel suites and the remaining eight (8) townhouse units.are proposed on the second and third floors. Two (2) of the hotel suites are proposed on the second floor, above the retail located near Federal Highway. As shown on the elevations (sheet A. 11), these two (2) small towers proposed along Federal Highway are the applicant's attempts to comply with the 35-foot minimum building height required by the MU-H zoning district. However, as proposed, the towers would be 34 feet - four (4) inches in height and do not comply with minimum code requirements (see Exhibit "C" - CondiUons of Approval). The fourth floor (sheet A.4) would be the parking garage's uppermost level. The fifth level shows the project's recreaUon deck proposed on top of the parking garage. Floors six (6) through 12 would primarily consist of the remaining condominium units. The typical floor plan (sheet A.9) shows that the one (1)-bedroom unit would be 805 square feet in area. The two (2)-bedroom unit would be 1,185 square feet in area while the three (3)-bedroom unit would be 1,580 square feet in area. Design: The ground floor has been designed as a series of interlocking spaces, unified by architectural elements, while promoting pedestrian friendliness through the use of arcades, public space, and landscaping. The project parking is virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan. The public space would be easily accessible and open year round. Although not fully designed at this time, the southwest and northwest corners of the project are proposed to act as open plazas and gathering areas. These inviUng open spaces would help to invite the pedestrian and channel this type of foot traffic to the internal public arena. Vehicular traffic is contained within the internal framework of the project. The public spaces would be adorned with appropriate landscape material (small shade trees and attractive groundcover) that would help to soften the urban "hardscape" while providing the arcades and overhangs, which offers protection from the harsh sun and / or inclement weather. The landscape plan (sheet L2) shows that the freestanding outdoor lighting fixtures would be decorative "Floridian" lampposts at least ~.2 feet in height. The detail indicates that the structures comes in either black, dark bronze, white, dark green or silver. Staff recommends that the color of the freestanding outdoor lighting fixtures be black to blend with the project and be consistent with the Hadna project. The building's exterior surface would consist of with a textured stucco finish. As proposed, the buildings would have earth tone colors and would utilize the following Benjamin Moore paints: Hawthorne Yellow (HC-4), Powell Buff (HC-35), Gettysburg Gray (HC-107), Yorkshire Tan (HC-23), and Georgian Green (HC-:115). The trim work, bandings, and railings would be "Bone White" and the standing seam metal roof would be "Groat Barrington Green". Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 8 Signage: No project signage is proposed with this submittal. All proposed slgnage must be reviewed and approved by the CRA Board and the City Commission. Staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: The Technical Review Committee ('I'RC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon the approval of the concurrent rezonlng and height exception applications, and all comments indicated In Exhibit "C"- Conditions of Approval. Any addiUonal conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Promenade\NWSP 04-OO9\Staff Report. doc · .PROMENADE LOCATION MAP ~ cBD __ NE 4TH AVE , CBD ~ CBI ) CBD BOYNTON BEACH BLVD ~ 1 CBD / r~ · ~ · MX-H 0 50 100 W~E . $ 200 300 THE PROMENADE BOYNYON BEACH, FLORIDA EXHIBIT "B" 0 Z COHEN-FREEDMAN 'ENCINOSA & ASSOC. Architects, PA 8085 l~.W. IGSth Street l~fcttmt l.,akel, Florida. 33016 305.826.3999 EXHIBIT "B" ii I::~H Ibtl I "Id" BOYNTON BEACH BLVD -~' ................ ~ -- I ~ I ~ ~ ~ ' -' THE PROMENADE Architect~, ~A ~ ~A~, FLORIDA ~8s N.W. ~Sth St~t ~ ~ke~ ~o~da 33016 30~'8~'3~ .. j ~ijlj.a i#.# i jmj · ~~ , ' ~illllli~.,, -- ,. ...... T.T~ : : ,, ,, :~: : :b : .J ' I . ~',F', ',1~', : ,~, , , ~l, ~ ,~ ' THE. PROMENADE ~/~- ~ COHEN'FREEDMAN. ENCINOSA & ~SOC. i ~ ~CHr ~O~DA ~C~it~CtS~ P~ ~ 8085 N.W. ,j~, EXHIBIT "B" I-- ~ ~ ~1 mm~YO~ m~: COHEN'FREEDMAN'ENCINOSA & ~SOC. THE PROMENADE ~5-[ ~ ~ ~chit~c~, PA : ! [ ItJ:l THE PROMENADE (;ROUND LEVEL LANDSCAPE PLAN FUSTER EXHIBIT "C" Conditions of Approval Project name: Promenade File number: NWSP 04-009 Reference: 3~ review plans identified as a New Site Plan with an June 22, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). Additional detail(s) will be required at the time of permitting to ensure access is properly provided to the trash rooms for Solid Waste. PUBLIC WORKS - Traffic Comments: 2. The Palm Beach County Traffic Division must approve the traffic impact statement prior to the issuance of a building permit. All proposed uses and theft respective building areas must match between the traffic analysis and the site plan (Chapter 4. Section 8.F.). 3. The required traffic analysis should address, at a minimum, an evaluation of turning movements into and out of the proposed development. Particular attention should be given to the southbound to eastbound movement 'from Federal Highway to Boynton .Beach Boulevard. Additionally, evaluate full signahzation at the intersection of Federal Highway and Northeast 4t~ Avenue considering existing traffic volumes and expected volumes to be generated by the proposed development. If warranted, it shall be the sole responsibility of the developer to upgrade the signals and roadway at the intersection of Northeast 4t~ Avenue and Federal Highway and an appropriate letter of credit or other surety shall be provided to the City prior to the issuance of any building permits. 4. Northeast 4t~ Avenue shall be improved from Federal Highway east to the east limits of the proposed development. At a minimum, provide two (2) 12 - foot wide lanes with Tupe D curb, sidewalk, signing, striping, etc. An additional 15 feet of right-of-way or roadway easement shall be provided on the south side of Northeast 4t~ Avenue. 5. The south parking structure entrance shall be right-in / right-out only unless improvements are made to the eastbound Boynton Beach Boulevard approach. In accordance with recommendations made by staff and Pinder- Troutman. Contact/coordinate with Kimley-Hom & Associates regarding .5'.~/f,/'~/ widening Boynton Beach Boulevard to the south to provide a "by-pass" to prevent stacking of traffic back onto Federal Highway. COA 07/06/04 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 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. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 9. Paving, drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 11. 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. 12. 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 mira'mm width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 13. 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 ._~'] ~-/O 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. 14. A building permit for this project shall not be issued until this Department has COA 07/06/04 3 DEPARTMENTS ]~CLUDE REJECT approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 15. The developer may be required to upgrade the remainder of the water main from 6 m. to 12 in. along Federal Highway north to NE 4t~ Ave. and east from Federal Highway along NE 4t~ Ave. to the property's east property line. Please provide fire flow and demand calculations demonstrating the needed minimum main size for serving the needs of this project. 16. Utility construction details will not be reviewed for construction acceptability at this time. 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: 17. Hydrant connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 18. Where underground water mains and hydrants are to be provided, design documents must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 19. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division ll, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from mrs, depressions, and damage, and at the required beating value for the duration of it's intended .~-~ / ~ ~ use. 20. City Ordinance Chapter 9 Article II, subsection 9-24 provides for the following additional safety requirements for high-rise buildings and/or buildings with 6 or more stories: · Firefighters Air System COA 07/O6/O4 4 DEPARTMENTS INCLUDE REJECT · Equipment Storage Rooms. · Stairwell Doors. · Administrative Controls. · Master Keys. · Rappelling Anchors. · Suppression Connections and Control Valves · Commun/cations · Elevators · Smoke Controls For details see the Fire Department Desi[~n Guide. 21. High-rise buildings shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7. A sprinkler control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1. 22. High-rise buildings shall be protected throughout by a Class I standpipe system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 23. Class 1, Type 60, standby power in accordance with NFPA 70, National Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4.2. POLICE Comments: None BUILDING DIVISION Comments: 24. 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. 25. Every exterior wall within 15 feet of a property line shall be equipped with approved opening proteetives per 2001 FBC, Section 705.1.1.2. 26. 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 07/06/04 5 DEPARTMENTS INCLUDE REJECT shall be submitted for review at the time of permit application. 27. 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 ~sf) on the plans for the building design. 28. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 29. At time of permit review, submit signed and sealed working drawings of the proposed construction. 30. Add to each building space that is depicted on the site plan drawing a labeled symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same unitYs on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 31. 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. ' 32. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that thc proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If ther is no base flood elevation, indicate that on the plans. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 33. To properly determine the impact fees that will be assessed for the one-story pool/clubhouse, provide the following: · Will the pooUclubhouse be restricted to the residents of the entire project only? COA 07/06/04 6 DEPARTMENTS INCLUDE RE3ECT · Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse building? · 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 pool/clubhouse. 34. Add to the floor plan drawing of the clubhouse building a breakdown of the floor area. The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the clubhouse and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. 35. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 36. A water-use permit fi:om SFWMD is required for an irrigation system that utilizes water fi:om 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. 37. 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: · 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. (CBBCO, Chapter 26, Article II, Sections 26-34) COA 07/06/04 7 DEPARTMENTS INCLUDE REJECT 38. 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(t)) 39. 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 thc conditions of approval as listed in the development order and approved by the City Commission. ~40. 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 the building permit apphcation at the time of application submittal. 41. Show the proposed site hghting on the site and landscape plans. (LDR, Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. 42. Add to the floor plan drawings of the individual units a breakdown of the area within the unit. The area breakdowns for each unit shall specify the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. 43. Add to the site data the total area under roof of each residential building. Provide bular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the apphcable floor plan drawing: · Common area covered walk-ways; · Covered stairways; · Common area balconies; · Entrance area outside of a unit; · Storage areas (not pan of a unit); COA 07/06/04 8 DEPARTMENTS INCLUDE REYECT · Garages (not part of a unit); · Elevator room; · Electrical room; · Mechanical room; · Trash room; · Mailbox pickup and delivery area; and · Any other area under roof. (Chapter 4 - Site Plan Keview, Section 7.E.2 and 3) 44. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: · The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. · All shoring and re-shoring procedures, plans and details shall be submitted. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 45. Submit floor plan for the health club. PARKS AND RECREATION Comments: 46. The Parks and Rea'eat-ion impact fee is based on the following formula: 317 multi-family units x $656 each = $207,952. FORESTER/ENVIRONMENTALIST Comments: 47. The Landscape Architect must indicate on the landscape plan (sheet L-I) the above existing trees that will be preserved, relocated, and removed / mitigated hould mitigation of the total caliper inches of existing trees proposed to be removed and show all caliper inches of replacement trees on the landscape plan. A separate symbol should be used on 'the landscape plan to identify the miti/;ation trees. COA 07/06/04 9 DEPARTMENTS INCLUDE REJECT 48. All shade and palm trees on the Trees and Palms List (sheet L-l) must be listed in the description as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12'-14' to meet the 3" caliper requirement; or the 4.5'-5', 5'4', 6'-9', and 8'- 10' clear trunk; or 6'-7' gray wood specifications (Chapter 7.5, Article II Sec. 5.C. 2.). 49. The landscape plans should include a details sheet indicating by a line where the height, caliper ~ DBH, clear trunk, and gray wood area of the shade and palm trees will be measured at time of planting and inspection. 50. At the time of permitting, the landscape plan shall provide 50% native species categorized as follows: shade trees, palm trees, shrubs / groundcover plantings (Chapter 7.5, Article Il, Section 5.P). 51. The applicant should show on Sheet L-1 an elevation eross-seetion detail of the actual heights of the proposed landscape trees and vegetation at the time of planting that will (proper scale) visually buffer the proposed buildings from the Boynton Beach Boulevard, Federal Highway, and NE 4t~ Street rights-of-ways. 52. There is no irrigation system design included with the site plans. The irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Section 5.A.). 53. Turf areas are limited in size. Landscape (bedding plants) areas Should be designed on separate low-flow zones with proper time duration for water conservation ~Chapter 7.5, Article ff Section 5. C.2.). PLANNING AND ZONING Comments: 54. Approval of this project is contingent upon the approval of the corresponding request to rezone from CBD to MU-H (R.EZN 04-002). 55. Abandonment and rededieafion of easements must be recorded prior to issuance of a building permit for the project. 56. Approval oft his project is contingent upon the approval of the corresponding request for a height exception for any portion of the structure that exceeds 150 feet in heigvht (I-ITEX 04-002). 57. The height of the buildings proposed along Federal Highway must be ~'/t4 ~) increased to 35 feet to comply with the MU-H zoning district. Revise plans to comply. 58. The Mixed Use-Core land use classification allows up to 80 dwelling units COA 07/06/04 10 DEPARTMENTS INCLL~E REJECT per acre. The number of dwelling units proposed on the site plan is contingent upon the acquisition of a small piece of property located at the northeast comer of the site (owned by the City of Boynton Beach). Approval of the project is therefore, contingent upon the City Commissioner's approval to swap said referenced parcel in exchange for the +/- 22-foot wide easement sought by the City of Boynton Beach. Provide a survey and legal description of subject parcel. 59. The project must obtain approval bom the School District of Palm Beach County regarding school concurrency prior to the issuance of a building pem~it. Currently, the project has school concurrency for 317 dwelling units but proposes 318 dwelling units. 60. The proposed uses and building areas must match between the site plan and the traffic impact analysis. No building perm/ts will be issued until approved by the Palm Beach County Traffic Division. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. 61. The project's tabular data indicates that 3,000 square feet of restaurant is proposed, however, it is not shown graphically on the site plan. At the time of permitting, graphically show the location of the restaurant space on the site plan (sheet A.1). Also, revise data to accurately reflect allowable and proposed lot coverage. 62. Approval of this project is contingent upon the approval on the Urban Parking Kequirements code revision proposed because it does not comply with current code. 63. On the site plan and floor plans, ensure that the number of parking spaces in each row and its respective label correspond with each other. 64. On the site plan (sheet A. 1), in a dashed line, show the limits of all proposed cantilever awnings and make sure that their placement corresponds with the awnings shown on the elevations. Also, the awning colors shall be approved by staff at the time of permitting. 65. The placement of landscape material outside the subject property's boundary lines (and within the fights-of-way) is subject to the Engineering Division of Public Work's review and approval. Also, the Florida Department of Transportation must approve any landscape material within the U.S. 1 right- of-way. 66. Landscaping at project entrances shall contain a signature tree at both sides of the entrance (Chapter 7.5, Article Il, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the COA r7/06/04 1 DEPARTMENTS INCLUDE REJECT total number of required perimeter trees (Chapter 7.5, Article 2, Section 5.N.). 67. Place a note on the landscape plan indicating that mulch other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 68. All project signage is subject to review and approval of the Community Redevelopment Agency (CRA). On the elevations, indicate the cumulative area of all wall signage to ensure that it complies with Chapter 21, Article 4, Section C.). In addition, indicate the sign type, letter colors, and sign material. Staff recommends using a sign program for the entire project. Future signage such as in a sign program would still require review and approval of the CRA and City Commission. 69. The landscape plan (sheet L1 of 2) graphically shows a "Sign Fountain". Are any free standing monument signs proposed? If so, the maximum allowable signage area of the monument sign is five (5) feet tall and 40 square feet on each side. On the elevations, clearly identify proposed sign area and show the site address at the top of the monument sign (Chapter 21, Article 4, Section 5.B.). 70. Place a note on the site plan that no screened roof / solid-roof enclosures (outside the building footprint) are allowed. 71. The sidewalk along Federal Highway is required to be ten (10) feet in width and should contain trees and tree grates within the paver brick design to provide an urban streetscape. 72. At the time of permitting, delineate on the parking garage plans, the separation between public and private park/nS. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 73. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 5-9q f' 74. To be d~termined. MWI~elj S:~Planning~SHARED\WPXPROJECTS~Promenade'~NWSP 04-009\CeA.doc LOCA130N ITl,,,, 01MEN$10N$ 0RILIJNG HOLES MOUNTS 28"X60" BANNER (BY OTHERS) 2~ SINGLE BANNER ARM - LUMEC ~AS28 (561) 641-§301 -- CAST ALUMINUM EIALL - COLOR: .COLTX -- SINGLE BREAK AWAY BANNER ARM - LUMEC JEIABS28 - CAST ALUMINUM BALL - COLOR: COLTX 4" DIA. FLUT[D POLE · 125 WALL THICKNESS S061-T6 S~UC~RAL. GRAOE ALUMINUM. (PO~ ~ED.F~ ~NGLE UNIT ~NS~UC~OH) DOORS WITH STAINLESS ST[ID. Ab..EN NF..AO SCREW~. STATION AN0 OFFSET PT. SEE SHEETS C14. & C15 i:::¥1-11RIT "D" ~"~.-~- RECEPTACt. E AND gNCHOR PLATE:l, *B.C: 12 1/~ *CAST ALUMINUM NOTE:: THIS ANCHOR PLATE ACCEPTS A 80LT CIRCLE FROM 11 3/4" ~ 13" DIA. POLE BASE PLAN VIEW SCALE: NONE 4 ANCHOR 80LT~ 3/4." X 32" WITH HOOK (GALVANIZe) F1NISHED 5/8'ex10'--0' ~ -- -CURB DRIVE:N ~ C0PPERWELD V[RT/CAL G,q:OUN0 RO0. SASE T'fPICAL FOR ~LL ~ POU~ 'YPE "SA" LIGHT POLE 9ETAIL SCALE: NONE 3/4-" X 10'-O" COPPER CLAD GRQUN0 RO0 "SE]' 36' LP1 ( OUTL PROF SOU~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Promenade APPLICANT'S AGENT: Mr. Michael Weiner / Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail, 3,000 square feet of restaurant, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway and Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby .... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. .~'~ / All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: City Clerk S :~Planning',SH. Al~D\WP~PR.O/l~CTSk~omenadekNWS P 04-009'd)O.doc PLEASE REPLACE PAGE 5518 WITH ATTACHED REVISED DOCUMENT TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-167 Chair and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Planning and Zoning July 8, 2004 CODE REVIEW / CDRV 04-008 Non-residential uses within residential (single-family) zoning districts NATURE OF REQUEST AND SUMMARY Staff is proposing amendments to the Land Development Regulations intended to reduce potential negative impacts upon single-family neighborhoods from non-residential uses. The proposed amendments would add Iocational requirements, minimum lot size and frontage standards, landscaping and buffering requirements, and the conditional use process.for selected non-residential uses proposed within any zoning district limited to single-family homes. Staff concludes that churches, schools, and day care uses should continue to be allowed within residential zoning districts. However, since they often perform inconsistent with residential environments, particularly in terms of traffic characteristics, additional regulations are warranted. Staff recommends that churches and schools (similar to day care uses) should be restricted to 1 acre or greater parcels located on state and county arterials and county collectors, meet a minimum frontage standard of 150 feet, and include a minimum 10-foot buffer width and "barrier" landscaping along parking areas to adequately screen them from adjacent residential properties. Staff also recommends that churches and schools within single-family zoning districts be allowed by dght when fronting arterial roadways and be treated as conditional uses when fronting collectors. The intent is to allow for the appropriate case-by-case review and application of additional requirements to address potential incompatibilities such as outdoor play areas, project size, etc., and to facilitate public notification and involvement. To provide direction and support for the subject analysis that is facilitated by the conditional use process, staff further recommends that specific text be included that describes the necessity to maintain uses that function compatibly with residential neighborhoods. BACKGROUND Following the site plan approval of a church within an R-l-AA, Single-family zoning district, in 2003, and the realization of the potential impacts upon single-family neighborhoods from non-residential uses, staff proposed to the Commission the use of the Zoning in Progress process to postpone processing of any similar requests while the city zoning regulations were evaluated. A corresponding Notice of Intent (NOI) was approved by the Commission on February 17, 2004. The NOI was approved for a period of 6-months, during which time staff would complete a study and if necessary, propose code amendments to ensure the continued preservation of single-family neighborhoods. The analysis of the code is completed and recommendations formulated for Board and Commission consideration. ANALYSIS Existing regulations The city's single-family zoning districts include R-l-AAA, R-1-AAB, R-l-AA, R-1-A and R-1. The list of those uses currently allowed within these districts is as follows: Page 2 CDRV 04-008 a. Single-family homes; b. Churches/places of worship on a minimum of one (1) acre with a minimum frontage of 150 feet (and accessory uses), daycare and pre-school requiring conditional use approval; c. City-owned and operated facilities; d. Private golf courses and associated clubhouse and recreational facilities; e. Primary and secondary schools, seminaries, colleges and universities as conditional uses; f. Home occupations conforming with respective supplemental regulations; g. Community residential homes with 6 or fewer residents subject to state laws and distance separation; and h. Nursery schools, day care centers and other preschool facilities as conditional uses and conforming with respective supplemental regulations. The newest item to this list is item "h", nursery schools, which was added following a private petition in 1999, which was justified, in part, by the general and geographic needs for such uses, and the close relationship between single-family neighborhoods and nursery school/day care uses. City staff supported this addition to the zoning regulations, contingent upon the inclusion of location and site standards necessary to minimize impacts upon single-family neighborhoods. These requirements were placed in Section 11. Supplemental Regulations of the City's zoning code. The use "nursery schools", and the corresponding supplemental regulations were used, in part, as a basis for conducting this review and formulating appropriate code amendments. Historically, such non-residential uses, mainly churches and schools, have been permitted uses within single-family zoning districts, as such uses typically served residents within the adjacent neighborhoods. Since such uses were primarily attended by local residents, the size of such uses would be proportional to the subject neighborhood, and vehicular traffic impacts would be minimal. In essence, such uses were compatible with the residential environments within which they were located. However, significant changes in population growth, mobility, and social characteristics have significantly changed the basic "neighborhood" and what are cohesive non-residential uses. Non-residential uses that do not primarily serve adjacent neighbors, have higher traffic characteristics, which may exceed those which are normal to a single-family neighborhood. Since such uses could always potentially serve a portion of local residents, and warrant maximum zoning district options, non- residential uses should not be removed entirely from single-family zoning districts. Proposed amendments Staff used the analysis and conclusions from the previous code review regarding day care uses, and conclude that the principal impacts of such non-residential uses related to traffic, and can be avoided by limiting them to properties at the periphery of single-family zoning districts. Traffic and other incompatible factors would be addressed by a few recommended code amendments, as described below. Location: Non-residential uses could be limited to the periphery of single-family zoning districts by restricting them to specified types of roads. This method was used in accommodating day care uses within residential districts, which limits them to only properties that have frontage along state and county arterials, and county collectors. This allows them in close proximity to residential environments yet prevents or minimizes traffic impacts upon local streets. Lot size and fronta,qe: By establishing a minimum parcel size and frontage, only those parcels that can accommodate proper site design, including parking areas, building location, and the aforementioned landscaping and buffering requirements, are used for such non-residential uses. Staff recommends that the minimum Page 3 CDRV 04-008 acreage standard of 1 acre currently applicable to churches, continue for all churches, and also apply to schools, leaving the one-half (0.5) acre standard in place for day care uses. Staff also recommends the addition of a minimum frontage requirement to prevent narrow and deep properties from being used for churches and schools. This requirement is appropriate as the potential for impacts will increase as design options are reduced, including the reduction in distance between parking areas and homes. Staff recommends that a minimum standard of 150 feet be required for churches and schools. Staff does not recommend an increase in the minimum land area for day care uses, nor the addition of a frontage requirement for day care uses, as such uses typically have minimal impacts on residential neighborhoods being attributed to operational characteristics, minimal parking needs, and project sizes. Buffering and landscaping: The peak operations of many churches occur during the quieter periods of residential neighborhoods. Further, the characteristics of churches and schools that are most incompatible with residential environments are primarily vehicles and parking areas, and secondarily, outdoor recreational areas. Therefore staff recommends that additional buffering and landscaping requirements apply along parking or vehicle use areas. Staff recommends a minimum buffer width of 5 feet, along vehicle use areas, and that the "barrie¢' landscaping requirement apply. A landscaping barrier is currently required in specified situations where a solid screen is warranted to adequately buffer certain uses immediately upon planting. The minimum width of 5 feet would double the buffer width currently required, would increase the physical distance between uses, and provide the needed space for the improvements required to comprise a landscape "barrier". Additional width and plantings may be required depending on the distance separation between parking and other active areas and adjacent homes. The conditional use requirement, as recommended below, would facilitate the requirement for appropriate and greater buffering as just described. Staff also recommends that existing regulations be amended to also add this buffer/barrier standard to day care uses. Conditional use: In order to allow for the case-by-case review and application of appropriate site or other requirements, as necessary to address site or operational impacts, staff recommends that churches and schools fronting collector roadways also be conditional uses. This will also ensure that unique site characteristics are properly reviewed, such as outdoor play areas, and that appropriate notification of, and involvement by, affected residents. Existing uses The potential always exists to create non-conforming uses through more restrictive code amendments. With respect to public schools, only one elementary school is zoned a single-family district (R-l), but located consistent with the proposed Iocational criteria. As for future locations, location and property criteria of the school distdct will likely exceed any standards proposed herein. However, in the unlikely event that a school site is identified that does not meet the roadway standards recommended by staff, and if the community supports such a location, than a code amendment would be warranted. With respect to churches, after a cursory review of church locations, staff identified seven (7) churches possibly operating within a single-family zoning district and not located on an state or county arterial, or county collector. These existing churches would therefore become "non-conforming" under the proposed amendments, unless provisions were included, similar to that which is applicable to day care uses, exempting pre-existing uses from the new restrictions to allow minimal site improvements and expansions. However, the conditional use requirement should still apply to such uses to facilitate the appropriate review against changes that would further impact adjacent residential properties. As for the locations of existing, potential non-conforming churches, three (3) of the seven (7) churches described above are located within the Heart of Boynton Redevelopment Area; however, the majority of churches within this redevelopment area are not zoned a single-family district, and would therefore Page 4 CDRV 04-008 not be affected by the proposed regulations. Comparison analysis The comparable regulations of only two adjacent jurisdictions were considered in this analysis, the Cities of Lake Worth and Delray Beach. Both jurisdictions currently have corresponding regulations that are more restrictive than currently in place in Boynton Beach. Both Lake Worth and Delray Beach simply subject both churches and schools, proposed within single-family zoning districts, to the special exception or conditional use process, and Lake Worth only allows day care uses as ancillary to a permitted use in a single-family zoning district. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations be approved. Staff further recommends the extension of the Notice of Intent by a minimum of one (1) month to allow time to adopt the corresponding ordinances prior to its expiration. MR S:\Planning\SHARED\WP\PROJECTS\CODE REVIEW\Non-Residential Uses (Chuches, schools..)\Staff Report-non residential uses in sf districts.doc ..... PROMENADE LOCATION MAP CBD NE 4TH AVE . CB ... CBD BOYNTON BEACH BLVD CBD ./ CBD 0 50 100 MX-H 200 300 40~-eet EXHIBIT "B I I I I I i I Project name: File number: EXHIBIT "C" Conditions of Approval The Promenade HTEX 04-002 Reference: Elevations dated June 22 2004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORE STER/ENV~ONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 1. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 5' i¢ Page 2 The Promenade File No.: HTEX 04-002 DEPARTMENTS INCLUDE REJECT 2. To be determined. MICHAEL S. WEINER CAROI.E J~ ARONSON JASON $. MANKOFF WEINER & ARONSON, P.A. ATTORNEYS-A~ LAW The Clark House .102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-malh .Imankoff@zonelaw.com EXHIBIT "1 OF COUNSEL: ROBERT MARC. SCHWARTZ,. P,A. Florida Bar Board Certified Real Estate. lawyer MICHAEL R, HARRIS LL.M. (In Taxation) April 28, 2004 Mr. Mike Rumpf Director and Planning and Zoning City of Boynton Beach 1 O0 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Via Hand Delivery Re: Height Exception Request Our File No.: BWIA002 Dear Mike: Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for a Height Exception for 17 feet as depicted in our site plan being submitted simultaneously to the City.. The proposed building is fourteen (14) stories, which normally would not be over 150 feet in height. However, so that the building remains aesthetically attractive, there are certain mechanical functions and design elements that exceed150 feet in height.. Section 4 (F) (3) lists several items to be answered by an.applicant for a height exception. The responses are as follows: (a) Whether the height exception will have an adverse effect on the existing and proposed land use. Answer: The requested height exception will not have an adverse effect on the existing and proposed land uses since the proposed building is only slightly higher than-permitted by the Mixed Use (High Intensity) Zoning District, which allows for a height of 150 feet. (b) Whether the height exception is necessary. Answer: The height exception is necessary to hide mechanical equipment, elevator shafts and stairshafts. In addition, the roof treatment provides articulation to give the buildings a more desirable aesthetic appearance. (c) Whether the helflht exception will severely reduce II.qht and air In adjacent Mr. Michael Rumpf Apdl 28, 2004 Page 2 (d) (e) (g) (h) areas. Answer: The requested height exceptions will not severely reduce the light and air in adjacent areas. The property is bordered by Boynton Beach Blvd. and Federal Highway and the Intracoastal waterway, which is open. Whether the heic~ht exception will be a deterrent to the Improvement or develol~ment of adjacent property In accord with existin¢l regulations. Answer: The requested height exception will not be a deterrent to the improvement or development of adjacent property within the Mixed Use (High Intensity) Zoning District. To the contrary, the project will act as a catalyst for the redevelopment of other properties in the adjacent area. Whether the helaht exception will adversely affect pror)erty values In adlacent areas. Answer: Not only will the requested height exception not adversely affect property values in adjacent areas, it will serve to increase surrounding property values, and act as a catalyst to improving property values in the area. Whether the height exception will adversely InfluenCe living conditions in the neighborhood. : Answer: The requested height exception will not adversely influence living conditions in the neighborhood. The additional height will provide for a more aesthetically pleasing view and neighborhood appearance, compatible with the surrounding area. Whether the height exception will constitute a grant of a special privilege to an Individual owner as contrasted with the pubic welfare. Answer: The requested height exception will not constitute a grant of special .privilege, particularly since without the height exception and the enhanced architectural features, the appearance would not provide for as much 'architectural" variety. Past projects have received approval for this height exception andfuture developments within the Mixed Use (High Intensity) District will have the right to apply for such exceptions. Whether sufficient evidence has been presented to lustify the need for a height exce_otion. Answer: For the reasons set forth herein, sufficient evidence has been presented to justify the need for the requested height exception for the functional, mechanical, and architectural features of the project. Mr. Michael Rumpf Apdl 28, 20O4 Page 3 Please also see the attached architect's letter concerning this Height Exception Request. Please let me know if you would like us to provide any other additional information. O:~BWlA002~Form letter. April 19.wlxl DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BFACH, FLORIDA PROJECT NAME: The Promenade APPLICANT'S AGENT: Mr. Michael Weiner / Weiner & Aronson, P.A. APPLICANT's ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 3.975- acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway and Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "b" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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: $ :~Plannin~S HAR. BD\WPkPRO/~CTS~Pmmenade',I-iTBXkDO.doc City Clerk TO: THROUGH: FROM: DATE: SUB3ECT: DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZVZSION MEMORANDUM NO. PZ 04-132 Chairman and Members Planning and Development Board Michael Wi Rumpf Director of Planning and Zoning Eric Lee .~ohnson, AICP Planner .June 17, 2004 CODE REVIEW / CDRV 04-004 Minor Automotive Repair allowed in subordinate building within a "Commercial Master Plan". NATURE OF REOUEST Mr. Michael S. Weiner, representative for the property owners of Parcel B & C of Grove Plaza, is requesting that minor automotive repair uses be added to the list of conditional uses in the C-3 Community Commercial (C-3) zoning district. Specifically, the applicant is requesting that the code be modified to allow minor automotive '.repair businesses as conditional uses in the C-3 zoning district when said. uses are located in "free standing buildings" within a "Commercial Master Plan'; thereby amending Chapter 2, Zoning, Section 6.C. 1.cc.(2) to read as follows: "(2) On sites of greater than five (5) acres and I~s than seventy-five (75) acres, ali such uses shall be located either: (i) in a shopping center and within the principal building of the shopping center or (#) within a commercial master plan in which event such buildinq may be free stand,,inq;~ It should be noted that the effects of the subject request, if approved, would be citywide (i.e. all properties within the C-3 districts). BACKGROUND The City's Occupational License section categorizes minor automobile repair businesses consistent with the North American Industry Classification System (1997), which was formerly the Standard Zndustrial Classification Manual (1987). According to the Occupational License section and the NAICS, wide ranges of businesses are classified as Minor Automotive Repair. The City Issues licenses for minor automotive repair with the following categories: #561620 - Auto Alarm System InstallaUon; #8Zl:L22 - Auto Glass Installation / Window TinUng; #811111 -Auto Mechanical Repair; #811191 - Automotive OII Change & Lube Shops; #811198 - Automotive Services NEC; #811190 - AUto Detailing / Washing 5516 Pagc 2 CDRV 04-004 The City currently has licensed a total of 55 businesses that are considered minor automotive repair. The classification "Auto Alarm System ];nstallation" is the Industry where businesses are engaged In selling alarm systems along with the installation, repair, monitoring sen/ices or remote monitoring of electronic security alarm systems. The "Auto Glass Installation / Window Tinting" classification is where businesses are engaged in replacing, repairing, and / or tinting automotive vehicles, such as passenger car, truck, and van glass. There are five (5) businesses currently operating in the city (with valid occupational licenses) under this classification. "Automotive Mechanical Repair" deals with providing repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers. This classification accounts for the vast majority of minor automotive repair licenses in the city. Establishments In this Industry group employ mechanics wlth specialized technical skills to diagnose and repair the mechanical and electrical systems. The "Automotive Oil Change & Lube Shops" classification comprises those establishments primarily engaged in changing motor oil and lubrication of the chassis of automotive vehicles, such as passenger cars, trucks, and vans. In 2004, two (2) occupational licenses have been issued for businesses under this heading, namely at Wal-Mart and ,1iffy Lube International. However, an interesting trend has occurred over time with regard to repair shops associated with gas stations. Over time, the City has witnessed a loss of many auto repair activities that operated as accessory uses to the gas stations. Once considered the industry norm, the auto repair aspect of the gas station is now converted to convenience store and or additional product sales area. Minor automotive repair uses are currently allowed as a conditional use (with specific restrictions such as parcel size) in the C-3 zoning district and as a permitted use in the General Commercial (C-4) and Industrial (M-l) zoning districts. They may also be allowed in the Planned Commercial Districts (PCD) and Planned Industrial Development (PID) as well. The applicant did not provide any written justification for the code amendment to the C-3 zoning dlstrict. However, in today's convenience driven market, many companies conducting minor automotive repairs (i.e..1iffy Lube, Midas Muffler, Firestone, Tire Kingdom, Precision Tune, 60 Minute Auto Tint) are looking to locate in commercial hubs or strip centers for the added exposure and to entice the shopping public to stop in and have the vehicle maintained / repaired while they patronize the neighboring businesses. Staff has met several times with the applicant to discuss the possibility of constructing several buildings on Parcels B & C of Grove Plaza that when built, would accommodate minor automotive repair uses. The applicant submitted sketches showing the configuration of four (4) multiple-bay buildings on the parcels. According to Chapter 2, Section 6.C. 1.cc., minor automotive repair uses are not permitted on C-3 zoned parcels less than five (5) acres in area. As a conditional use, they are allowed on sites zoned C- 3 but only within the "principal" buildings of shopping centers that are greater than five (5) acres but less than 75 acres. The intent of the code is to discourage minor automotive repair uses on small lots and / or out-parcels of shopping centers zoned C-3. However, on sites greater than 75 acres (such as the Boynton Beach Mall), they are allowed in separate (subordinate) buildings and not just solely relegated to the principal building. Existina businesses Generally, heavy commercial and industrial areas are consolidated to areas that are tucked away from commercial nodes and public view. Minor automotive repair businesses are thus permitted uses in the C-4 and M-1 zoning districts. However, as previously mentioned, they are also allowed as conditional uses in the PCD zoning district. Conditional uses are those uses that are perceived to have a negative impact and would not be appropriate generally, or without restriction, throughout a zoning Page 3 CDRV 04-004 classification or district. Conditional uses require public hearings and are evaluated on a separate set of development standards. Staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluaUng condiUonal uses. Jiffy Lube at 1620 South Congress Avenue and BJ's Wholesale Club, located 1540 West Boynton Beach Boulevard are such examples of properties that were zoned to PCD and that have minor automotive repair uses within them, albeit In the principal building. According to Chapter 2, Section 6.G., the minimum area required to rezone a property to PCD is three (3) acres. The PCD zoning district also has substantial setback and peripheral greenbelt requirements. The purpose of a PCD is to provide a zoning classification for commercial developments that would conserve natural amenitles and allow for the mitigation of negaUve impacts that result from land development. For example, for exemption from the minimum acreage requirement for the auto repair use proposed in the C-3 zoning district, there must be a minimum 200- foot separation between the use and adjacent residential zoning districts. Basically, these requirements help to reduce the Impact of incompatible land uses. The applicant Initiated a code review request knowing that Parcel 8 & C of Grove Plaza could not be rezoned from C-3 to PCD because of its size IimitaUon as well as the greenbelt requirements. In the C-3 zoning district, the proposed use would be allowed as a conditional use provided that it is located within principal building of shopping centers less than 75 acres in area. An example of one such business is the Wal-Mart Tlre and Lube Express located at 3200 Old Boynton Road. It must be noted that staff systematically rebuffs Inquiries and rejects occupational licenses requests for businesses proposed in stand-alone bulldings or subordinate buildings within shopping centers. As previously rnentioned, minor automotive repair uses are allowed within subordinate buildings in the C-3 zoning district provided that the project is over 75 acres. There is only one developed property in the City of 8oynton Beach that meets this criteria (The Boynton Beach Mall, whlch has a Sears AutomOUve located in a stand-alone building). Auto desian and Darkirl- The general Intent and purpose of the C-4 and M-1 zoning district is to provide adequate space for more intense comrnercial and industrial uses. Therefore, automoUve-repair uses are relegated to those aforementioned areas that are heavy commercial or Industrial in nature. Accordingly, the intention is to separate these sites from less-Intense commercial activity and residential neighborhoods by virtue of the zoning districts within which they are allowed. Staff has acknowledged that historically, many properties in the C-4 zoning district and M-1 zoning district were designed and approved for heavy commercial and industrial uses with lower parking demand than their commercial counterparts. However, these older sites have been converted for automotive-intensive uses that possess higher off- street parking demands. With respect to comparaUve parking requirements, Chapter 2, Section 11. H., provision of off-street parking spaces, Sectlon16.(f)(1) requires for industrial, research and development, trades, wholesale, and warehouses: one (I) park~hg space per live hundred (500) square feet of gross lioor area; p/us required parking spaces for any other pr/nc/pa/uses, including oflice or reta// lioor area. Subsection 16.(0(6) requires One (_~) parking space per eight hundred (800) square feet of gross lioor area for who/esa/e, and warehouse uses. However, according to Subsection 16.(d)(24) automotive paint and body shops are required one (]) par/ring space for every three hundred (300) square feet of gross lioor area. Zn add/t/on, each overhead door and interior spray booth may be counted toward a par/ring space, provided there is a/n/n/mum area, the size of a standard parking space, between an overhead bay door and an interior spray booth. However, In no case shall/ess than four (4) out~/de parking spaces be provided. Furthermore, Chapter 2, Section 16.(0(4), Including retail gasoline sales, retail automotive parts and / or accessories sales, and automotive repairs, Including major repairs, but.excluding automoUve paint and body shops are required one (j) parking space per two hundred (200) square feet of gross floor area. The problem Page 4 CDRV 04-004 arises in situations when the auto repair operation becomes busier, the demand for extra parking spaces becomes more apparent. This is due to the accumulation of vehicles (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, with the exception of Tire Kingdom at 3030 South Congress Avenue, these older, heaw commercial and Industrial sites are typically hidden and unseen from the major arterials. The parking requirements for automotive repair shops may be revisited during the re-write of the Land Development Regulations. Regardless of future code amendments however, the current language also discourages auto-related uses and their associated design characteristics (i.e. overhead bay doors, drive-through windows) on street frontages in commercial zoning districts. In fact, Chapter 9 of the Land Development RegulaUons discourages locating overhead bay doors on facades that face heavily traveled corridors. The most familiar design element of an automotive repair shop is, in fact, the overhead bay door so that vehicles can enter the building. Future imDIications As mentioned earlier, under the current regulations, shopping centers zoned C-3 are actually allowed to have minor automoUve repair shops as conditional uses but only if located within the principal building(s). For example, a .]iffy Lube store could quite conceivably occupy a vacant bay in any number of the existing shopping centers zoned C-3, such as the Catalina Center, Winn-Dixie, or Publix shops. However, this scenario is unlikely due to the fact that automotive repair shops need appropriate and specific types of space for their setup. Nonetheless, there is nothing in the current regulations that would specifically prohibit this potenUal scenario. On any given day, staff will receive inquiries on whether or not an automoUve repair use can locate in a stand-alone building on a small lot (under five acres) or in an out-parcel of an existing shopping center. The automoUve repair shop would not be allowed in these scenarios under the current regulaUons and neither does the city want to encourage this type of development. However, at this time, the applicant is proposing to amend the current regulations to allow automotive repair shops within a freestanding building of a "commercial master plan". The reason: Parcels B & C of Grove Plaza are lots that are under five (5) acres, zoned C-3 and are comprised of a group of properties that form a commercial master plan. If the proposed request were approved, then automoUve repair shops would, be allowed on the aforementioned parcels. Initially, this seems to be a feasible solution, given the fact that Grove Plaza is already a master .plan and that a commercial master plan implies that a property was planned to accommodate these types of uses in the first place, as in the case of a PcD and C-3 zoned properties that were menUoned earlier in this report. A closer examination reveals something to the contrary. The code amendment could eventually allow automotive repair uses within subordinate buildings of shopping centers zoned C-3. Staff is not overly concerned with automotive repair business IocaUng In properties zoned C-4 or M-i. However, staff does have concerns about allowing these types of uses within out-parcels of shopping centers zoned C-3. Consequently, there is little to stop the city's shopping centers from requesting master plan approval of their own. To request master plan approval, a property, owner would submit plans for review that simply comply with the requirements of Chapter 3 of the Land Development Regulations. Since this is the case, then an existing shopping center (including the out-parcels and subordinate buildings) could formally request master plan approval. Under the new language proposed by the applicant and upon successful completion of the master plan approval process, a typical shopping center located within a C-3 zoning district would then be considered a "commercial master plan'; thus opening the door to minor automotive repair businesses In the out-parcels where they weren't allowed in the past. The Wendy's at Riverwalk Plaza, Pollo Tropical at Shoppes of Boynton, McDonald's at the Catalina Center, and Kentucky Fried Chicken at Oakwood Square are all such examples of buildings that could be converted to allow minor automotive repair shops upon conditional use review and approval. If a need for the subject use is Page 5 CDRV 04-004 substantiated, and if the typical out-parcel buildings do, in fact, offer the Ideal environment / structure, then the dty may experience an exodus of minor automoUve repair uses from the heavy commercial and industrial zoning districts to the shopping centers. Also, there are some shopping centers that have out-parcels or subordinate buildings situated close to residential areas. One goal of the current code is to separate incompaUble land uses from each other, such as automotive repair from residential. RECOf4MENDAT~ON It is the opinion of staff that this code revision, if approved as requested by the applicant, would have an eventual negaUve dtywide Impact on shopping centers zoned C-3. Staff is concerned about the level of impact on the db/wide distribution of automotive repair uses and the public welfare within the commercial and industrial zoning districts. Staff further believes that the subject use (if allowed as requested by the applicant) could Impact the retail / office fabdc of the C-3 zoning district and its performance characteristics. Based on this analysis, staff recommends that this request to amend the city's code to include minor automotive repair establishments in commercial master plans (as conditional uses) within C-3 zoning district be considered for approval but only with the amended language prepared by staff to provide additional safeguards In Implementing this amendment: On sites of greater than five (5) acres and/ess than seventy-five (75) acres, a// such uses sha// be located in either a or/nc/Da/buf/d/no of a shopping center or in a subordinate stand-a/one bU//dfnq and / or outparcel within ~c a commerc/a/Master P/an, provided that the. subordinate stand-alone bu//din¢ and / or outparce/ within a commerc/a/ Master P/an is not located between the pr/nc/pa/bu//d/ng cf ,~,,c ~---' ..... *~' and an ad/oininq r~qht-of-way or betwee..n the pr/nc/pa/ buildinq and abuttinq res/dent/a//~, zoned z~roDerty. The amended language would allow minor automotive repair uses as conditional uses in subordinate buildings of shopping plazas zoned C-3. The language proposed by staff recognizes the market demand, while at the same time preserves the performance and design of the dty's shopping centers, the health of heavy commercial / Industrial zoning districts, as well as residenUally zoned properties. By initiating the conditional use requirement, Individual sites can be reviewed for optimum layout, buffering, and operation in order to maximize compatibility with the surrounding area. The amended language proposed by staff would also help to further separate incompatible land uses. Exhibits MR/elj S:\Planning\$HARED\WP\SPECPROJ\CODE REVJEW~CDRV 0~-00~ Auto Repalr~Staff Report. doc TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-162 Chair and Members Community Redevelopment Agency Michael Rumpf-~(~-~ Planning and Zoning Director July 6, 2004 CODE REVIEW (Urban Parking Regulations) (CDRV 04-007) NATURE OF REQUEST & SUMMARY Michael Weiner of Weiner & Aronson is requesting a code review of existing City parking regulations as they relate to downtown projects. Staff has been contemplating various amendments to the City's parking regulations intended, in part, to create separate standards for parking in the downtown, more in line with the codes of other cities facilitating urban redevelopment, and in part to assist with the adaptive re-use and expansion of older structures in the downtown, in an effort to enhance and revitalize the Central Business District (CBD). The request on the part of Mr. Weiner appears timely, considering internal discussions at the staff level, and warrants further exploration and discussion. Staff concludes the amendments to the parking code for reduction in the amount of required spaces for residential units, hotel units, and non- residential uses within mixed-use projects and the Incentives for adaptive re-use of some of the older building stock (outlined in Items 1 - 4 below) are logical steps and valuable tools in the redevelopment of downtown. Therefore, Staff recommends amendments I - 4 to the parking code be approved with staff comments and conditions. BACKGROUND Current parking regulations are found within the Land Development Regulations, Chapter 2, Section 11H. Said regulations have been in place for many years and establish minimum parking requirements relative to various uses. Like many of the older codes in South Florida, these regulations were based upon a car dependant, suburban lifestyle. The current trend in an ever-increasing urban South Florida, is to create a parking code reflective of the urban lifestyle associated with redeveloping downtowns. With the implementation of mixed-use developments where individuals can live, work and play within a consolidated project or within walking distance to various amenities such as dining, shopping and employment centers, the heavy reliance upon the automobile has been greatly reduced..Added to the fact mass transit has improved in many downtowns, Boynton included, with the interconnectivity between the Palm Tran bus service and Td Rail, our Shopper Hopper service and the proposed bus/trolley system planned for the CRA, the absolute need for each and every resident or visitor to the downtown to own a vehicle is diminished. Also, the typical occupants of an urban mixed-use development do not have two kids living at home, of driving age, and with Cars of their own, as is commonplace in our suburban subdivisions. While there are Working couples with two vehicles, there are also retired couples with only one car, who buy a two bedroom unit to accommodate friends or relatives when they come to visit. There is the single individual who purchases a two bedroom unit in order to have a home office. The demand for two (2) parking spaces for all units containing two (2) or more bedrooms and 1.5 spaces for one bedroom units (current Boynton code) is just not the same in an urban mixed-use setting as it is in suburbia. Although not a part of the request from the applicant, staff undertook a review of non-residential uses within a mixed-use project, and found much of the same logic imparted above applies. Living in a mixed-use project or downtown decreases the need to ddve an automobile to accomplish every task. An individual could walk or bike to convenience shopping, dine out or access services, ie. bank, dry cleaners, travel agency, salon, etc. The internal capture of those pedestrian tdps slightly reduces the need for excessive parking requirements typically found at shopping centers and malls that are not located within reasonable walking distance to clustered residential. Current City codes require 1 parking space for each 200 square feet of retail, 1 for each 300 square feet of office, 1 for each 100 square f~j~t]c}f restaurant and 1.25 for each hotel room. Shopping Page 2 Memorandum No. PZ 04-162 Urban Parking Regulations centers, which can have a mix of retail, office and restaurant, may be calculated at 1 parking space for ea¢ 200 square feet of gross leasable floor area, under current City regulations. Additionally, as part of staff's overall review of parking in urban areas, and looking at the adaptive re-use and expansion of some of the older building stock in the Central Business Distdct (CBD), a reconsideration of parking requirements may be warranted based upon city-owned public parking, transit possibilities and higher density residential being constructed within the immediate vicinity, once again reducing potential demand for additional on-site parking. ANALYSIS The applicant, Michael Weiner of Weiner & Aronson, has submitted suggested amendments to our existing parking regulations and a comparative analysis of parking rates being utilized in downtowns and city centers in Palm Beach, Broward and Dade counties. The proposed amendments are listed and described in Exhibit "A". The Comparative Analysis is attached as Exhibit "B". For comparative purposes, the current parking code has been included within Exhibit C. Noteworthy features of the amendments proposed by the applicant are described as follows: 1) Provide for an exception to standard parking calculations for the Mixed-Use High (MU-H) zoning district, which would reduce the parking requirement in Multi-family residential projects for studio or 1 bedroom unit from 1.5 parking spaces to 1.33 for each such unit. Reduce the requirement for 2+ bedroom units from 2 parking spaces to 1.66 for each unit. Reduce the parking requirement for Hotel from 1.25 parking spaces per each bedroom to 1.0 parking space for each unit; and 2) Allow for up to 25% of the required number of parking spaces to be provided in tandem configuration. Staff has reviewed the comparative analysis provided by the applicant, which details the Urban Parking Codes within four (4) downtowns or City Center Districts, including Boynton Beach (Exhibit B). A quick comparison depicts the Boynton Beach regulations as requiring the highest amount of parking for residential uses. As stated earlier, our current code does not differentiate between urban and suburban projects. Boynton Beach requires 1.5 spaces for a 1 BR unit, West Palm Beach 1.25, Plantation 1.33, and Kendall 1.0. For a 2+ BR unit, Boynton Beach requires 2 spaces, West Palm Beach 1.5, Plantation 1.66, and Kendall 1.0. The applicant has suggested the City adopt the 1.33 parking spaces for each 1. BR unit and 1.66 for each 2+ BR unit. Staff agrees that our code should differentiate between urban and suburban parking calculations to assist in the revitalization of the downtown. The suggested 1.33 and 1.66 figures would appear to provide the necessary parking (minor reduction over our current regulations). However staff would condition that amendment to be applicable only to those Mixed-Use projects in the downtown, in an effort to encourage mixed-use projects and since the overlap of the vadous uses within a Mixed-Use project typically have different peak parking needs and provide for more internal capture of patrons already on the premises, thereby reducing the need for vehicular tdps and attendant parking spaces. Hotel parking is currently based upon 1.25 parking spaces for each bedroom within the hotel unit. Within a Mixed-Use project, a parking ratio of 1 space for each hotel unit would appear to make sense. Figuring that seldom does a hotel guest or guests in a single room have more than one car and taking into account a standard vacancy factor, this should still provide adequate parking for hotel guests and staff. The request to consider allowing up to 25% of the required parking spaces to be provided in tandem parking configuration appears logical in an effort to maximize parking and efficiency in site design. Staff would recommend the adoption of such regulations, with the following conditions: 1) only up to 25% of the required parking, 2) this regulation be allowed within parking structures that are partially or entirely wrapped with other uses, 3) this regulation be allowed for residential and valet uses only, and 4) may only be utilized outside of a parking structure if for residential and/or valet uses and only if the utilization of tandem parking results in the minimum perimeter buffer or interior landscaping requirements being improved by at least 50%. Page 3 Memorandum No. PZ 04-162 Urban Parking Regulations Additionally, Staff is recommending companion modifications to an Urban Parking Code, separate and apart from those proposed by the applicant, as detailed in items 3 and 4 below: 3) 4) Mixed-Use projects, for all the reasons stated above involving their operational characteristics, warrant consideration of parking reductions for those type of retail, office and restaurant uses associated with residential projects. Shopping centers, which can have a mix of retail, office and restaurant uses, may be calculated at 1 parking space for each 200 square feet of gross leasable floor area, under current City regulations. The same consideration should be made for Mixed-Use projects that are predominantly residential in nature; and In an effort to assist in the adaptive re-use and expansion of existing structures in the Central Business District (CBD), Staff is recommending that off-street parking facilities (or additional spaces) should not be required, when an existing building is enlarged by up to one hundred (100) percent of the square footage of the existing structure or increased in capacity by adding dwelling units, floor area or seats, or where the use of a given structure is changed, provided such building or structure is located within the CBD or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard. Exempted from utilization of this provision are existing multi-family uses and structures and places of assembly (ie. auditoriums, meeting rooms, places of worship, and clubs, lodges and fraternal organizations), which tend to be parking intensive uses. RECOMMENDATION Staff recommends that the proposed amendments to Chapter 2, Section 11 H of the City's Land Development Regulations, as described above in items 1 - 4 and containing staff conditions, be approved. Attachments J:~SHRDATA~Plannlna~SHARED~VVP~ROJECTS\CODE REVIEW~Urban Parklna Reaulatl(~ns~Urban Parking Regulations-Staff Report .doc EXHIBIT "Ai' Pronoscd Bpy~ton B~ch Code Am,,e ,ndment for Urbav.,Parki~.tl St..andard Chapter 2 ZONING Se~. 6 Commercial d!~trtet regulations and use provisions MIXED USE ZONING DISTRICTS 9. Parking Requirements. Parking requirements for bOth the MU-H and MU- L zooing districts shall !~ as set forth by Ctmptcr 2, Section l lH, of be Land Development Code, except _thai the fol, lo~,'n,g rates shall supersede,,the requirements of Ch~tcr 2. Section 1 IH for n~_'_xcd usc ~roj.ects in the_ MU-H zoning di~tz4ct as follow~: Use ,Parkim!! S~ndard Mul,tifamily Residential Studio o,r 1 bedroom 2~' bedrOOmS Hotel I..33_ sOaces ~er un.it !.;_66 spav.~s per unit 1.0 spac. c per key *note:_ u_o to 25 % of the required number of ~aces can be prov~_~ed in a tqndem configur~ti01~.,.. A tand~m parking space i~ i~ipe~. ~ two (2)_oar_l~g w!lfi one (I ~ ~__o. ace ~b~tting behind lfi~ Chapter 2, Section 11 I, shall apply only to the MU-H zoning district. 'EXHIBIT "A ~uStifi~fion fei _/~lt~rnative Parking SUmflm~t The Applicant is requesting that the City amend the City Code of Ordinances to provide an alternative parking standard, for residential and'hotel uses.that are withi~ urban mixed use projects in the Mixed Use - High zoning district, The Mixed Use -' High zoning district is intended to encourage high density mixed use development in the urban core of the City. The City land development regulations currently provide a parking standard for ': multifamily residential and, hotel uses that is standard throughout the City but is more representative of the parking ratios cham~eristic of suburban projects. With an increased focus on the redevelopment of urban cor~s with integrated mixed use projects, it has become apparent that .the fi-aditional suburban parking standards are no longer appropr/ate. for the urban mixed use form of. development. The concept of successful urban mixed use development entails the creation o.f livable communities that incorporate a pedestrian friendly desi~ and encoural~e transit use. Planning literature indicates that the successful implementation of this concept has been hind~ed in many places by-the application of generic minimum parking regulations that over emphasize parking'areas resulting in the underutilization of land space to the detr/ment of the project and the transit ~ud lx~destrian oriented objectives sought to be achieved. Moreover, because of the mixed us nalure of such projects, the oppom~..n.!ty to share spaces is present unlike suburban developments, The' typical municipal code minimum parking standard is based upon methodology that calculates the anticipat~ vehicle trips generated by a proposed use in the context of trip generation rates in suburban peg periods with ~.m._ple f~e parking and with no consideration towards public trausit, .captured trips or mixed use. Planning agademics have become increasing vocal against this methodology as applied to the m._!xed-use projects expressing that in its s'unplicity it does not address othe~ notable factors that affect parking. They find that Uaffic analyses are statistically ,.,.?eliable when applied to mixed use developments in. that they do not account for access to t~__~sit, neighborhood density and demographic factors like income and age that effect vehicle ownership. Other Florida counties and municipalities that have cora~ to understand that urban parking standards should appropriately differ from suburban standards include the City of West Palm Beach, the City of Plantation and Miami-Dado County. Attached is a ruble that reflects the parking standards in the r~enfly adopted mixed use urban/tistricts of those jurisdictions. The alternative parking standard for multi~._Jly residential ad hotel proposed by th~ Applicant for the City of Bo~'uton:s MixM Use - High district is in fact the same as thc rat~ adopted by the City of Plantation for its mixed use Plantation Midtown District last month. Note, however, that'the Applicant is not proposing any change in the applicable retail or restaurant parking stanctards. EXHIBIT "B" ~Mng EXHIBIT "C" 61 F. SCREEN ENCLOSURES. All screen enclosures (screen walls and screen roof) shall comply with building side yard setback. No screen enclosure shall be con.stmcted closer than eight (8) feet from rear property line and no screen enclosure shall be constructed in front of the building line. On comer considered as front yards. O. TOWN HOUSE. All wwn house developments shall conform to the district zoning and shall meet the following minir~lum requirements: 1. Each town house shall have its own lot area, each yard private and reasonably secluded from · view of streets' or neighboring property, .2. Each town house shah have a direct automotive access from the off-street parking space to a public street. 3. ii. Ail outdoor, rear yard areas u~ed for · drying of clothes shall be ~cr~ned from view from the street and from adjoiaing yards andlots. 4. Parking space shall be provided for as by Section I1-H. H. PROVISION OF OFF-STREET PARKING SPACES. 1. All off-street parking areas shall conform to the design and layout requirements of Chapter 23 of the City of Boynton Beach Land Development Regulations, and shall be approved according to the procedures contained therein. 2. For all required residential district parking spaces not within an enclosed garage, the first parkin~ space shall be the minimum of the current city standard for a handicap space exclusive of public or private fight-of-way. All other spaces where multiple vehicle parking is required shall be provided in accordance with current city standards exclusive of public or private right-of-way. All spaces, regardless of size, must comply with all provisions of the Land Development Regulations, and shah be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. 2003 S-20 3. A certificate of occupancy for a structure or premises, shall not be issued until the required perking area has been inspected and approved by the development director or his designee. 4. Residential driveways, shall satisfy the pare/fig space requirements for single-family detached dwelling units, duplexes, and multifamily dwelling units containing garages, provided such driveways are of sufficient size to meet 'the parking space requirements of this subsection. 5. No fewer than four (4) parking spaces shall be provided for any nonresidential use. 6. Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces, · where eighty (80) per cent or more of the parking demand falls within a twentyrfour-hout period each week. Sod may be substituted only for the area of parking stalls. AU driveways, aisles, and maneuvering areas' shall be hard-~.sad shall conform .io- the. design.. requl~m~ls..contained in /Chapl~r.. 23. 0f...the~, City of: Boynton. Beach Lahd Development Regulations; Sod parkin~ stalls shall have a base consisting of not less than eight (8) inches of stabilized shell rock:, lime rock, or sand, or an equivalent material as approved by the developmenl director. Sod parking areas shah have dimensions equivalent w the dimensions of paved parking areas with ninety (90) degree parking stalls and two-way traffic in aisles, as specified in Chapter 23 of the City of Boynton Beach Land Development Regulations. 7. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in paragraph 16 of this subsection. Gross floor area, for the purposes of this subsection, shah include the floor area occupied by the principal use, plus the floor area occupied by all accessory Boynton Beach Code uses, including storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. 8. Where several principal uses exist in one structure or on one lot, parting space requirements shall be computed separately for each principal use, unless stated otherwise in paragraph 16 oftbis subsection. Where parking spaces are required in paragraph 16 for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. 9. A use shall be comidered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same suuctu~ or on the same lot, and would by itself generate significant partin~ demand. 10. Where a use is located in a Shopping 'center, office bttildin~, or office-retail complex, the parking space t~luirement for the shopping center, office building, or office-retail complex in which it is local~l shall apply; except that where a .theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater. 11. Where several principal uses exist in one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. 12. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the planning and development board. 13. parting spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. Quantitative evidence shall include estimates for peak hour/peak 2001 5-16 season parking demand based on statistical data furnished by the Urban Land Institute or an equivalent traffic engineering or land plsnning and: design organization. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of .parking studies. 'In addition,, a rpinimum buffer of ten (10) percent shall be provided to ensure that a sufficient number of part'ins spaces are available at the peak hour/peak season of parking demand. Calculation of said 'buffer-shall be based on the total number of parting spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required pa~ting space shall be submitted to the technical review board, and approval of joint allocation of required parking spaces shall be made by the City Commission, after review and recOnunendations by the planning and development board. 14. Where the number of required parking · spaces as Computed includes a fraction, the number of required parking sp~ces shall b~.'the computed number rOunded/~ ~he'ne~qfighest whole number. 15. There shall be provided off-street handicapped parking spaces consistent with Chapter 23, Article H.K of the Boynton Beach Land Development Regulations at the time of the erection of any structure or the enlargement of any structure. 16. Except as provided in Subsection I.(4) below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to paragraphs 1 through 15 of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or e Which requires additional parking spaces, the fflin|mum number of parking spaces shall be computed by appyng these requirements to the entire structure or use. a. Dwellings, lodging and other buildings for habitation: _Z,o_.-i.~ 63 (1) Single-family and duplex dwellings: Two (2) parking spaces per dwelling unit. c. Government, institutional, and educational uses: (2) Two or more bedroom apartments: Two (2) parking spaces per dwelling unit. (3) One-bedroom and efficiency apa~ iments: One and one half (1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom apartment. (1) Government and government- owned or--operated uses: Parking requirements for like or similar uses in the private sector slxaH apply. (2) Community centers: One (1) parking space per one hundred (100) square feet of gross floor area. (4) Dormitories: One (1) parking space per rooming unit. (5) Rooming and boarding houses: One (1) parking space per .rooming unit. (6) Hotels, apartment hotels, motels, apa~iment motels, and time-sharing hotels and motels: One and one-quarter (1.25) parking spaces per bedroom. (7) Hospitals: Two and one-half (2.5) parking spaces per bed. (8) Nursing homes,, convalescent homes, and-sanitariums: One (1) parking space per three (3) beds. b. Assembly: (1). ChUrChes, temples, and other places of worship: One (1) parki_'ng space per four (4) Seats in the auditorium, but not less than one (1) parking space per one hundred (100) square feet of .gross floor area for the auditorium, plus required parking spaces for any Other principal uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings.. (2). Theaters, auditoriums, meeting rooms, and other places Of assembly: .One (1) Parking space per 'four (4) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. (3) Clubs, lodges and fraternzl organizations: One (1) parking' space per one hundred (100)' sqUare feet of gross floor area. (3) Libraries and museums:~ One (1) parking space per three hundred (~00) square feet of gros~ floor area. (4) Day care centers ~nd nursery schools: One (1) parking space per three hundred (300) square feet of gross floor area, plus adequate provision for a convenient drop-off area adjacent to the building providing unobstructed .ingress and egress. (5) Elementary and junior high schools: One_ (1) parking space per five hundred (500) square feet of classroom floor area, including floor area of shops. (6) Secondary schools and high schools: One (1) parking space per one hundred (100) square feet of classroom .-floor area, plus one (1) parking space per two hundred (200) square feet of floor area occupied by shops. CO Colleges, ' · universitieS., seminaries, and technical or vocational schools: One (1) parking lSPace per fifty (50) square feet of classroom area, plus one (1).parldng space per two hundred (200) square feet of flOOr. 'area :occuPied by laboratories or shops, plus required space for any other principal, uses,, including offices,, libraries, auditoriums, and recreation facilities. (8) Specialized instructiOn,. including dance, an, and self-defense' instruction:-One (1) parking space per two hundred. (200.) square feet of gross floor.area. offices: d. Retail services, restaurants,' and 2001 S-16 Boynton Beach Code (1) .Restaurants, bars, cocktail lounges, dance halls, and all other eating or drinking establishments: One (1) parking space per two and one-half (2.5) seats, but not. less than one (1) parking space per one hundred (100) square feet of gross floor (2) Shopping centers: One (1) parking space per two hundred (200) square feet of gross leasable floor area. (3) Office-retail complexes: one (1) parking space per two hundred (200) square feet of gross leasable floor area. (4) Retail gasoline sales, retail automotive pans and/or accessories sales, and automotive repairs, including major repairs, but excluding automotive paint and body shopS: One (1) parking space per-two hundred fifty (250) square feet of gross floor area. (5) Bakeries: One (1) parking space per two hundred (200) square feet of grOSS floor (6) Florists and retail sales floor iaea of greenhouses: one (1) parking'space per two hundred (200) square feet of gross floor area. (7) Grocery stores and food stores: One (1) parking, space per two hundred (200) square feet of gross flo°r area. (8) Automobile, 'truck, motorcycle, trailer, and recreation vehicle sales or x~ntal: One (1) parking space per five.hundred (500) Square feet of gross floor area,- plus required parking spaces for outdoor storage or display of goods for sale or for rent. (9) Small equipment and tool rental establishments: One (1) parking space per two hundred fifty (250) square feet Of gross floor area, plus required parking spaces for outdoor storage or display of goods for sale or for rent. (10) Outdoor storage or display of goods for sale or for rent, - except boats: One (1) parking space per five thOusand (5,000) square feet of paved or unpaved outdoor area used for the storage or display of goods for sale or for rent. (11) Boat sales or rental: One (1) parking space per five hundred (500) square feet of gross floor iaea, plus one {1) parking space per ten thoUSand (10,000) square feet of paved or unpaved outdoor area used for the storage or display of boats for 'sale or for rent.. (12) Retail establishments not listed elsewhere:. One (1) parking space per two hundred (200) square feet of gross floor area. (13) Personal, professional, and business services not listed elsewhere, inclualn~ testing, repairing, and servicing: One (1) parkin..~, space per three hundred (300) square feet of gross floor area. (14) Laundromats or dry-cleaning pick-up stations, and hundry or dry-cleaning plants located in commercial zones: One (1) parking space Per two hundred fifty (250) square feet of gross floor area (for. laundry or dry~cleaning plants located in industrial or PID zones, see (0(3)). (15) Printing, engraving, or publishing located in commercial zones: One (1) parking space per three hundred (300) square feet of gross floor area (for printing, engraving, or publishing located in industrial or PID zones,, see (0.(4)). (.16) Funeral homes: One (1) parking space per two hundred (200) square feet of gross floor area. · (17) Kennels and animal hospitals: One (1) parki.~ space per three hundred (300) square feet of gross floor area, including area of outdoor kennels. (18)· Financial institutions and services: One (I) parking space per two hundred fifty (250) square feet of gross floor area. (19) Medical and dental Clinics, offices, and office buildings: One (1) parking space per two hundred (200) square feet of gross floor area. (20) Offices-and office buildings not listed'elseWhere: One (1) parking space per three hundred (300) square feet of gross floor area. (21) An, craft, .graphics, and photographic studios: One (1) parking 'space per three hundred (300) square feet of gross floor area. (22) Beauty and barber services: One (1) par~.'ng space per one hundred (100) square feet of gross floor area. (23) Furniture stores: One (1) parking space per five hundred (500) square feet of gross floor area. (24) Automotive paint and body shops: One (1) parking'space for every three hundred (300) square feet of gross floor area. In addition, each overhead door and interior spray booth may be counted toward a parking space, provided there is a minimum area, the size of a standard parking space, between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. e. Recreation and amusement: (1) Swimming pools: One (1) parting space per thirty O0) square.feet of water area. (7) Bowling. alleys: One (1) parking space per two hundred fifty (250) square feet of gross floor area, including floor area of all adjoining 'uses, including restaurants, bars, pool rooms, and amusements. (8) Gymnasiums and health' centers: One (1) parking space-per three hundred (300) square feet of gross floor area. Parking space requi~--ments may be computed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. (9) Arcades, pool halls, and other indoor amusement Places not listed elsewhere.: One (1) parting space per one hundred (100) square feet of gross floor area. (10) Marinas: One (1) parti_ng space per boat slip, plus required parting spaces for any other principal uses, including hotels and motels, restaurants, .retail floor area, charter boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. (11) Charter, drift fishing, and sightseeing boats: One (t) parking space per' thr~ (3) seats on each boat, but no fewer than two (2) parting spaces per boat. (2) Ice skating and roller skating rinks: One (1) parkiog space per one hundred (100) square feet of rink area. (3) Indoor.athletic courts: One (1) parking space per one thousand eight hundred (1,800) square feet of gross floor area. (12) Condomim'um and housing development recreation buildings: A mix of five parking spaces, plus one (1) additional space per 300 square 'feetof grOSs floor area of office use for leasing or management purposes located 'in recreation buildings or separate structures (handicapped spaces should be pursuant to ADA requirements). (4) Outdoor athletic courts: One (1) parking space per one thoUsand five hundred (1,500) square feet of court area and adjoining paved area. (5) Golf courses: Eight (8)· parking spaces per hole. (6) Miniature golf courses: One (1) parking space per five hundred (500) square feet of lot area occupied by the' playing area. f. Industrial, research and development, trades, wholesale, and warehouses: (1) Manufacturing and.industrial uses not listed elsewhere: One ( 1 ) parking space per two (2) employees, but ~not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any-other principal uses, including office or retail floor area. 2000 S-14 65 . Boynton B~ch~ode (2) Utility plants: One (1) parking space per two (2) employees, but not less than one (1)'parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principal uses, including office floor area. (3) Laundry or dry-cleaning plants located in industrial or PID zones: One (1) parking space per five hundred ($00) square feet of gross floor area (for laundromats, laundry or dryeleaning pick-up stations, and laundry or drycleaning plants located in commercial zones, see (d) (14)). (4) Printing, engraving, or publishing located in industrial or PID zones: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area (for printing, engraving or publishing located in commercial zones, see (d) (15)). ($) Warehonses andother indoor storage facilities, warehouse-industrial complexes: One (1) parking space per eight hundred (800) · square feet of gross floor area, but not less than two (2) parkin~ spaces per rental unit of five hundred (500) square feet of gross floor area or greater; plus required parking spaces for any other principal uses, including retail and office floor area. parking for multi-access .facilities shall be provided at a rate of 1 space Per 200 storage bays plus 1 space per 300 feet of office space and. 2 security spaces. Parking for limited access facilities shall be provided at a.rate of I space per 75 storage units, plus I space per 300 feet of-office space and 2 security spaces. (6) Wholesale eStablishments and distributing: One (1) park!ng space per eight hundred (800) square feet of gross floor area. (7) Moving and storage operations: One (1) parking space.per eight hundred (800) square feet of gross floor area. (8) Truck terrain, als and transfer stations: One (1) parking space per eight hundred (800) square feet of gross floor area. 2000 S-14 (9) Laboratories and research and development: One (1) parking space per three hundred (300) square feet Of gross flOOr area. g. Miscellaneous uses: (1) Taxi offi~s and bus stations: One (1) parking space per one hundred (100) square feet of gross floor area. (2) CommlmicetiOns facilities, including broadcasting facilities and telephone exchanges: One (1) parking space Per one thousand two hundred (1,200) square feet of gross floer area, plus required parking spaces for any floor area occupied by offices. (3) Oreenhouses: One (1) parking space per two thousand(2,000) square feet of gross floor area, plus required parking spaces for any retail floor area. I. LOCATION OF OFF-gFREET PARKING SPACES. 1. Required parking spaces for all dwellings .shall be located on the same lot as the dwelling to be' served~ 2. Required parking spaces for all other uses shall be owned by the owner of the building or TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-167 Chair and Members Community Redevelopment Agency Board Michael W. Rumpf--"~.~'~ Director of Planning and Zoning July 8, 2004 CODE REVIEW / CDRV 04-008 Non-residential uses within residential (single-family) zoning districts NATURE OF REQUEST AND SUMMARY Staff is proposing amendments to the Land Development Regulations intended to reduce potential negative impacts upon single-family neighborhoods from non-residential uses. The proposed amendments would add Iocational requirements, minimum lot size and frontage standards, landscaping and buffering requirements, and the conditional use process for selected non-residential uses proposed within any zoning distdct limited to single-family homes. Staff concludes that churches, schools, and day care uses should continue to be allowed within residential zoning districts. However, since they often perform inconsistent with residential environments, particularly in terms of traffic characteristics, additional regulations are warranted. Staff recommends that churches and schools (similar to day care uses) should be restricted to 1 acre or greater parcels located on state and county arterials and county collectors, meet a minimum frontage standard of 150 feet, and include a minimum 10-foot buffer width and "barrier" landscaping along parking areas to adequately screen them from adjacent residential properties. Staff also recommends, again similar to regulations applicable to day care uses, .that churches and schools within single-family zoning districts be conditional uses to allow for the appropriate case-by-case review and application of additional requirements to address potential incompatibilities such as outdoor play areas, project size, etc., and to facilitate public notification and involvement. To provide direction and support for the subject analysis that is facilitated by the conditional use process, staff further recommends that specific text be included that describes the necessity to maintain uses that function compatibly with residential neighborhoods. BACKGROUND Following the site plan approval of a church within an R-l-AA, Single-family zoning district, in 2003, and the realization of the potential impacts upon single-family neighborhoods from non-residential uses, staff proposed to the Commission the use of the Zoning in Progress process to postpone processing of any similar requests while the city zoning regulations were evaluated. A corresponding Notice of Intent (NOI) was approved by the Commission on February 17, 2004. The NOI was approved for a period of 6-months, during which time staff would complete a study and if necessary, propose code amendments to ensure the continued preservation of single-family neighborhoods. The analysis of the code is completed and recommendations formulated for Board and Commission consideration. ANALYSIS Existing regulations The city's single-family zoning districts include R-l-AAA, R-1-AAB, R-l-AA, R-1-A and R-1. The list of those uses currently allowed within these districts is as follows: 5518 Page 2 CDRV 04-008 a. Single-family homes; b. Churches/places of worship on a minimum of one (1) acre with a minimum frontage of 150 feet (and accessory uses), daycare and pre-school requiring conditional use approval; c. City-owned and operated facilities; d. Private golf courses and associated clubhouse and recreational facilities; e. Primary and secondary schools, seminaries, colleges and universities as conditional uses; f. Home occupations conforming with respective supplemental regulations; g. Community residential homes with 6 or fewer residents subject to state laws and distance separation; and h. Nursery schools, day care centers and other preschool facilities as conditional uses and conforming with respective supplemental regulations. The newest item to.this list is item "h", nursery schools, Which was added following a private petition in 1999, which was justified, in part, by the general and geographic needs for such uses, and the close relationship between single-family neighborhoods and nursery school/day care uses. City staff supported this addition to the zoning regulations, contingent upon the inclusion of location and site standards necessary to minimize impacts upon single-family neighborhoods. These requirements were placed in Section 11. Supplemental Regulations of the City's zoning code. The use "nursery schools", and the corresponding supplemental regulations were used, in part, as a basis for conducting this review and formulating appropriate code amendments. Historically, such non-residential uses, mainly churches and schools, have been permitted uses within single-family zoning districts, as such uses typically served residents within the adjacent neighborhoods. Since such uses were primarily attended by local residents, the size of such uses would be proportional to the subject neighborhood, and vehicular traffic impacts would be minimal. In essence, such uses were compatible with the residential environments within which they were located. However, significant, changes in population growth, mobility, and social characteristics have significantly changed the basic "neighborhood" and what are cohesive non-residential uses. Non-residential uses that do not primarily serve adjacent neighbors, have higher traffic characteristics, which may exceed those which are normal to a single-family neighborhood. Since such uses could always potentially serve a portion of local residents, and warrant maximum zoning distdct options, non- residential uses should not be removed entirely from single-family zoning districts. Proposed amendments Staff used the analysis and conclusions from the previous code review regarding day care uses, and conclude that the principal impacts of such non-residential uses related to traffic, and can be avoided by limiting them to properties at the periphery of single-family zoning districts. Traffic and other incompatible factors would be addressed by a few recommended code amendments, as described below. Location: Non-residential uses could be limited to the periphery of single-family zoning districts by restricting them to specified types of roads. This method was used in accommodating day care uses within residential districts, which limits them to only properties that have frontage along state and county arterials, and county collectors. This allows them in close proximity to residential environments yet prevents or minimizes traffic impacts upon local streets. Lot size and frontage: By establishing a minimum parcel size and frontage, only those parcels that can accommodate proper site design, including parking areas, building location, and the aforementioned landscaping and buffering requirements, are used for such non-residential uses. Staff recommends that the minimum Page 3 CDRV 04-008 acreage standard of 1 acre currently applicable to churches, continue for all churches, and also apply to schools, leaving the one-half (0.5) acre standard in place for day care uses. Staff also recommends the addition of a minimum frontage requirement to prevent narrow and deep properties from being used for churches and schools. This requirement is appropriate as the potential for impacts will increase as design options are reduced, including the reduction in distance between parking areas and homes. Staff recommends that a minimum standard of 150 feet be required for churches and schools. Staff does not recommend an increase in the minimum land area for day care uses, nor the addition of a frontage requirement for day care uses, as such uses typically have minimal impacts on residential neighborhoods being attributed to operational characteristics, minimal parking needs, and project sizes. Buffedn.q and landscaping: -The peak operations of many churches occur dudng the quieter pedods of residential neighborhoods. Further, the characteristics of churches and schools that are most incompatible with residential environments are pdmadly vehicles and parking areas, and secondarily, outdoor recreational areas. Therefore staff recommends that additional buffering and landscaping requirements apply along parking or vehicle use areas. Staff recommends a minimum buffer width of 5 feet, along vehicle use areas, and that the "barrier" landscaping requirement apply. A landscaping barrier is currently required in specified situations where a solid screen is warranted to adequately buffer certain uses immediately upon planting. The minimum width of 5 feet would double the buffer width currently required, would increase the physical distance between uses, and provide the needed space for the improvements required to compdse a landscape "barrier". Additional width and plantings may be required depending on the distance separation between parking and other active areas and adjacent homes. The conditional use requirement, as recommended below, would facilitate the requirement for appropriate and greater buffeting as just described. Staff also recommends that existing regulations be amended to also add this buffer/barrier standard to day care uses. Conditional use: In order to allow for the case-by-case review and application of appropriate site or other requirements, as necessary to address site or operational impacts, staff recommends that churches and schools also be conditional, uses. This will also ensure that unique site characteristics are propedy reviewed, such as outdoor play areas,' and that appropriate notification of, and involvement by, affected residents. Existing uses The potential always exists to create non-conforming uses through more restrictive code amendments. With respect to public schools, only one elementary school is zoned a single-family district (R-l), but located consistent with the proposed Iocational criteria. As for future locations, location and property criteria of the school district will likely exceed any standards proposed herein. However, in the unlikely event that a school site is identified that does not meet the roadway standards recommended by staff, and if the community supports such a location, than a code amendment would be warranted. With respect to churches, after a cursory review of church locations, staff identified seven (7) churches possibly operating within a single-family zoning district and not located on an state or county arterial, or county collector. These existing churches would therefore become "non-conforming" under the proposed amendments, unless provisions were included, similar to that which is applicable to day care uses, exempting pre-existing uses from the new restrictions to allow minimal site improvements and expansions. However, the conditional use requirement should still apply to such uses to facilitate the appropriate review against changes that would further impact adjacent residential properties. As for the locations of existing, potential non-conforming churches, three (3) of the seven (7) churches described above are located within the Heart of Boynton Redevelopment Area; however, the majority of churches within this redevelopment area are not zoned a single-family district, and would therefore not be affected by the proposed regulations. Page 4 CDRV 04-008 Comparison analysis The comparable regulations of only two adjacent jurisdictions were considered in this analysis, the Cities of Lake Worth and Delray Beach. Both jurisdictions currently have corresponding regulations that are more restrictive than currently in place in Boynton Beach. Both Lake Worth and Delray Beach simply subject both churches and schools, proposed within single-family zoning districts, to the special exception or conditional use process, and Lake Worth only allows day care uses as ancillary to a permitted use in a single-family zoning district. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations be approved. Staff further recommends the extension of the Notice of Intent by a minimum of one (1) month to-allow time to adopt the corresponding ordinances prior to its expiration. MR S:\Plannlng\RumpftStaff Report-non residential uses in sf districts.doc VII. Director's Report 5519 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 CICA shall furnish appropriate auxil~ary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, progran% or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson July 13, 2004 CRA Activities Development Items: · Town Square Taskforce- Board Member Don Fenton has volunteered for the taskforce. The third meetin.q has taken place to be.qin the plannin.q process. A local consultant will assemble study information from all sources to define need, resources and use. DH · Boynton Beach Blvd/PromenadelRiverwalk DesigrVBuild RFQ South Flotfda Water Mana.qement District permittin.q is under final ne.qotiations. Temporary permittin.q has allowed restricted construction to be.qin. Please sea the attached reports from Jonathan Ricketts and Dennis Haynes. DH Way-Finding Signage Program - Phase II (manufacturing) and Phase III have been approved by the CRA Board to move forward. Our signs for the first phase of signs were delivered to the City of Boynton Beach warehouse. We have received three bids for installation and selected Kay Enterprises. Guidance Pathways has submitted the permits to the City of Boynton Beach, Palm Beach County and FDOT and as soon as the permitting process is complete, we will move forward with the installation. SV MLK Property Acquisition Phase I - TUG has begun property notifications and briefings with both the CDCs. Appraisals have been ordered. See agenda item. We expect a steady amount of contracts for purchase to be presented to the CRA over the next 60 days. 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 5520 concepts, therefore no Design Guidelines can be written until this is resolved by the City in April. DH · Museum Feasibility Study Team - Mid-term of the study has been completed. August workshop time frame. DH CRA Brochure and Web Site Development- Jack of Arts is going forward with Web Site Development and setup. We are editing the Web Site and adding information to each section. DH Genesis Business Program - The Mentor Selection Committee has conducted a round table with the candidates. The round table was held on June 30~ and was des~qned to ascertain how the candidates interacted as a group and with the committee. The committee also wanted an opportunity to qage the communication and interpersonal skills of the candidates. The final candidates have been selected and the business surveys have been sent out to the businesses in the CRA boundaries. A Business Development Fair and a "State- of-the-CRA"/Recoq, nition Event is scheduled for September. See agenda. AG Land Development Regulation (LDR) - LDR re-write will be by the City of Boynton Beach over the next several months. The 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 · Possible Office Options - As per CRA Board direction, Staff is Iookin.q into space. · Grants Update Fred and Joe's Automotive and St. Mark's Church have submitted a 6 month extension for their Facade Grants. Boynton Boundless is scheduled for completion by August 10, 2004. Colonial Condominium Association is movinq forward with their lighting projecL Sculivbur~ers will be closed for two weeks in Auc~ust to complete their renovations. Yellow Beard Inc. is requestin.q a six month extension on their project and will also be in for an alley abandonment issue for their project. SV 5521 EE8 EE EE EEE EE E E EE 5524 E BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, #20 West Palm Beach, Flodda 33401-7048 Tel: (561) 659-1400 Fax: (561) 659-1402 MEETING NOTES No. 0019a PROJECT TITLE: B.B. Promenade & Riverwalk MEETING DATE: 6/30/2004 LOCATION: BCI Field Office SUBJECT: B.B. Promenade and Riverwalk Y BMI-I Beniamin Hoadley Burkhardt Construction, Inc. N BC Bill Cary Kimley-Hom and Associates, .Inc. N B C Bruno Carvalho Kimley-Hom and Associates, Inc. N CB Crail~ Browning Kimley-Horn and Associates, Inc. Y DEH Dennis Haynes Burkhardt Construction, Inc. N DH Douglas Hutchinson Boynton Beach CRA Y JR Jonathan Ricketts Jonathan T. picketts, Inc. N LF Larry Finkelstein Boynton Beach CRA N MB Michael Beldowicz Kimle?'-Hom and Associates, Inc. N MEK Michael Kiefer Kimley-Hom and.A.s.sociates, Inc. N RRB Russell Barnes Kimley-Hom and Associates, Inc. N TC Thomas Crawford i. Jonathan T. Ricketta, Inc. ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT 010000 REVIEW NEW 011901 OLD ITEMS: NEW 041803, 071501, 101801, 101802, 020000 DESIGN/PERMI'VYING ISSUES NEW 030000 SITEWORK CIVIL ENGINEERING ISSUES NEW 040fi00 WATER/SEWER/DRAINAGE UTILITIES ISSUES NEW Prepared By: Burkhardt Construction, Inc. 5526 Dated: 7/2/2004 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, #20 West Palm Beach, Florida 33401-7048 Tel: (561) 659-1400 Fax: (561) 659-1402 PROJECT TITLE: B.B. Promenade & Riverwalk .LOCATION: BCI Field Office ITEM 041803 041901 05O0O0 DESCRIPTION WITH THE NEW ALIGNMENT OF THE SANITARY SEWER MAIN IN MARINA DRIVE, THE WATER CONNECTION/SERVICE POINT HAS BEEN RELOCATED. KHA HAS PROVIDED SKETCI-IES OF TI[IS NEW CONNECTION POINT. THE RELATED GROUP SITE WILL BE SURVEYED TO SHOW THE LOCATION OF ~ WATER MAIN IN THIS AREA. THESE SKETCHES ARE ATTACHED TO PROVIDE CLARITY. ** KHA PROVIDED A SKETCH AND SUN-TECH CONFIRMED THE LOCATION OF THE TEE AND VALVE ASSEMBLY. THIS ITEM WAS DISCUSSED ON-SITE AND ALL ARE IN AGREEMENT AS TO ITS PROPER LOCATION. **** DSE HAS INSTALLED TWO ADDITIONAL STICKS OF PIPE OUT OF THE INTERSECTION AT NE 6TH COURT. THE TRENCH WAS BACKFILLED WITH CRUSHED ASPHALT AND THE MAINTENANCE OF TRAFFIC WAS REMOVED. DSE WAS INSTRUCTED TO WAFT ON THE INSTALLATION OF THE TEE SERVICING THE PLAZA TO THE NORTH DUE TO THE DEVELOPMENT/REDESIGN OF THE WATER MAIN NORTH ON US#1. THERE IS A BUST BETWEEN THE ROADWAY NEW DRAWINGS AND THE SANITARY SEWER DRAWINGS REGARDING THE ELEVATION OF THE MANHOLE COVERS. THE ROADWAY ELEVATIONS ARE TO TAKE PRECEDENT. THE MANHOLES WERE SET TO THESE ELEVATIONS. FRANCHISE UTILITIES (FPL, TELEPHONE, CATV) NEW MEETING NOTES No. 0019a MEETING DATE: 6/30/2004 SUBJECT: B.B. Promenade and Riverwalk STATUS STARTED DUE BALL IN COURT OLD 060000 PERMIT/INSPECTION ISSUES NEW 070000 SUBMITTALS NEW Prepared By: Burkhardt Construction, Inc. 5527 Dated: 7/2/2004 Page 2 of 4 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, fr20 West Palm Beach, Florida 3340`1-7048 Tel: (56'1) 659-'1400 Fax: (561) 659-1402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office ITEM 071501 DESCRIPTION 06/16/04- PAY REQ #7 HAS BEEN SUBMITTED FOR PAYMENT. 06/22/04- RAY REQ #8 HAS BEEN SUBMUTTED TO JTR [NC FOR APPROVAL 080000 06/29/04. PAY REQ #7 PAYMENT WAS RECEIVED CONTRACT/WORK AUTHORIZATION STATUS MEETING NOTES No. 0019a MEETING DATE: 6/30/2004 SUBJECT: B.B. Promenade and Riverwalk STATUS STARTED DUE BALL IN COURT OLD NEW 090000 SCHEDULE UPDATE NEW 091901 100000 CONSTRUCTION HAS CONTINUED ON THE 12" DIP NEW WATER MAIN. THE SUBCONTRACTOR IS CONTINUING EAST WITH THE WATER MAIN TO ITS TERMINUS AT MARINA DRIVE. THEY WILL THEN iNSTALL APPROXIMATELY 2 STICKS OF PIPE TO THE WEST FROM ITS CURRENT TERMINATION POINT AT NE 6TH COURT. ACTION ITEMS NEW 101801 KHA TO FOLLOW LIP WITH CITY UTILITIES OLD REGARDiNG THE RELOCATION OF THE OFF-SITE WATER MAiN. 101802 KI-LA TO FOLLOW UP WITH FP&L TO ENSURE THAT OLD PRICING FOR TH~ UNDERGROUNDING OF THE OVERHEAD LINES IS READY FOR SUBMISSION NO LATER THAN 07/16/04. 110000 OTHER NEW Prepared By: Burkhardt Construction, Inc. F=pe~fion ® 5528 Dated: 7/2/2004 P~Se 3 of 4 BURKHARDT CONSTRUCTION. INC. 1400 Alabama Avenue, #20 West Palm Beach, Flodda 33401-7048 Tel: (561) 659-1400 Fax: (561) 659-1402 PROJECT TITLE: B.B. Promenade & Riverwalk LOCATION: BCI Field Office MEETING NOTES No. 0019a MEETING DATE: 6/30/2004 SUBJECT: B.B. Promenade and Riverwalk ITEM 111901 DESCRIPTION MAINTENANCE OF TRAFFIC ISSUES STATUS STARTED DUE BALL IN COURT NEW 06/30/04- NO ISSUES TO DATE 111902 JOBSITE SAFETY & CLEANLINESS ISSUES 06/30/04- NO ISSUES TO DATE NEW 111903 EROSION CONTROL MEASURE ISSUES 06/30/04- NO ISSUES TO DATE- AMERICAN ENGINEERING TO REINSTALL THE SILT FENCE TO THE NORTH OF THE RELATED GROUP'S PROPERTY. NEW 111904 111905 UPDATED RECORD DRAWINGS NEW 06/30/04- CHRIS HLVFI-I HAS UPDATED AS-BUILTS CU1LRENT Our next meeting is Wednesday July 7, 2004 at 9:30a. m. in NEW the Burkahardt Construct/on Field Office. Prepared By: Burkhardt Construction, Inc. Expedilion ® 5529 Dated: 7/2/2004 Page 4 of 4 VIII. Old Business 5530 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 pxoceedings 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. Thc 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, prograrn~ 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 5531 ~y 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. PLEASE INSERT INTO BOARD PACKET PAGE 5532 MEMO TO: CRA Board FROM: Douglas C Hutchinson SUBJECT: Consideration of Contract for Police Pilot Program in the CRA Boundaries DATE: June 29, 2003 CRA Staff, Legal Staff for the CRA and City, and City of Boynton Beach Police Department have worked together to put the "Agreement for the Provision of Supplemental Police Services." The CRA will purchase the start up equipment listed in Exhibit "B" in July 2004, with replacement and new equipment evaluated and budgeted yearly. Furthermore, the majority of the budgeted amount for the 2004-2005 fiscal year will cover police officers patrolling our CRA areas in the Central Business District and the Heart of Boynton rather than equipment cost. This would afford the CRA to increase officers if warranted in one or both areas. Staff is recommending approval of the Police Pilot Program contract. AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL POLICE SERVICES Heart of Boynton District and Central Business District THIS AGREEMENT, made and entered' into this day of ,2004, by and between thc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and thc CITY OF BOYNTON BEACH, Florida (hereinafter "City") is for the provision of specific police services associated with the special conditions within the Heart of Boynton District and thc Central Busm.ess District, both areas being located within the City's Community Redevelopment Area; WHEREAS, the CRA desires to contract witlt the City for additional police/law enforcement services within the areas of the City lmown as the Heart of Boynton District and the Central Business District for the safety and protection of the residents of and visitors to these areas of the City 0fBoynton B~ach; and WHEREAS, the City, by and through its Police Department, desires to ass/st in the effort by providing suppletnental police services within the Heart of Boynton. and Central Business Districts in the Community Redevelopment Area. NOW THEREFORE, in consideration of the mutual promises aud covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the City agree as .follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Servke~ provided, by the City. 2.1 The City agrees to provide supplemental police services within ll~.e areas of the City Of lBoynton Beach known as the Heart of'Boynton District and the Central Business District ("DisMcts"), said areas being more particularly depicted m Composite Exhibit "A" attached hereto and incorporated herein. 2.2 The City agrees thc services to be provided by assigned personnel (police and civilian) under the Contract are $_uvolem_ental and re.addition to.baseline _~olJce services. Thc City agrees that it will not reduce its current level of police services within the Heart of Boynton and Central Business Di'stricts~ particularly in the areas of community policing, patrol, criminal investigations, records dispatch, and special operations. Thc manner and method of performance of services is specified in this Agreement and in th6. Index 'Codes and Plan of Operations specifically referred to in Section 6.0 of thi, Agreement. 2.3 The duties and extent of services of the assigned personnel shall include, but shall not be Ii. mired to: Page 1 H :\ 1990\900 t 82.BEt\AOMTXPotice Supplemental Services to CP,.A.doc Rev, 0%08-0a (b) (c) (0 O) O) The City, by and through its police department, will provide a minimum of four (4) sworn officers, as assigned by City, with two (2) marked squad cars and ~ (4) patrol bikes to perform specialized .patrols to enforce alt stat~ and local laws with the DistricLs. · Sworn Office'rs shall at all times remain pm't of, subject to and in direct relationship with th~ police department's chain of. command and under police - department rules, .regulations, and standard operating procedttres. All officers and equipmenl wilt be outfitted with distinguishable uniforms-and the logo of the CRA to visually idea-a/fy t~ ~Lforcemcnt teams as CRA Special Units. Uniforms, loges and other identifying materials, equipment, or '£eaturcs shall be subject to the final ~proval of the Chief of Potice of City. While the CRA Special Units are within the CRA boundaries .performing under the terms ofthis Agreement, said units shall be separate from-general rotation and non-emergency calls in other parts of the City. The City agrees to colk~ct and provide workload data in the Districts. It is further agreed that, to the extent necessary, the assigned pctsonnel'will appear as witness m civil dispositions, or other civil or court precedings where the issue includes criminal or quasi-criminal conduct within the Districts. Without limiting any of the' foregoing, the City agrees that, with respect to services to be performed 'by any police personnel in accordance with this Agreemen. t, the appropriate City police departm~t supervi,or will meet with CRA leadership and management representatives on a routine basis to review enforcement and prevention efforts. The City acknowledges that a Book o£ Index Codes ("Marmal") exists to regulate police officers' conduct and activities; all police officers have been provided a copy of the Manual; the d~partm~t has a signed receipt fi-om each 'officer that he/she has received and understands the contents of the Manual; and l~rsonnel have been trained on the regulations and orders within the Manual. The City agrees it will provide the assigned .personnel with such b~ic equipment, at. CRA's cost and expeo~, as may be neck.sexy and reasonable in onler to allow the police officers to carry out the duties anticipated under this AgreemetR. Any bicycles .or other equipment requested by the CRA, if approved by the Chief Of Police of City, or determined to be necessary'by the Chief of Police of City shall be furnished at the 'expense of the CRA, as reflected in and in accordance with' section 3.1 (c)of this Agreement. Page 2 H:\I990Lg0018ZBBL4,GMT\Police Supplemental Services to CRA.doc Re~. O?.Og.O4 The City police department shall .designate a command officer as the Admini.qration LSaison Officer, who will work in concert with the CRA Executive Director or designate..Tbs Administrative Liaison Officer will perform t~e following duties: Coordinate the dissemination and processing of police and security reports, provide-supervisory assistance, coordinate problem resolution.and in can'ying out the provisions of this Agreement (2) Estabhsh and maintain att ongoing line of communication with City police personncl. (3) Prepare monthly reports in accor~t~.ce with section 5.2 of this Agre.ement for review by the CRA Exocut/ve Director, City Police Chiefi appropriate police department staff, community representatives, and political leadership, c.g. mayor, city commission memb~s, members of the Board. (4) Initiate and monitor an ongoing tee of communication with resident leaders to effectively employ thc community policing concept and to address concerns raised by community leaders in: a timely manner. (5) Assist or advise the planning and implememation of other grant-funded ~curity programs within the CRA. Establish a clearly defi~ed process for r~porting non-emergency criminal activities. 2.4 The City will, at all times, provide supervision, control and direction of work 'activities and assigame~.ts o£police personnel, including disciplinary a~tions. It is expressly understood the police department shall be responsible for the compensation of thc officers and all employee benefits; as well a~ any injury to officer, their property, or the City's property while on the CRA's property and acting within the course and scope of their employment. 3.0 Serv e pr deO by CRA. 3-I ~luipment: The ~ wilt provide the fol~towing ~-khad accommodations, services, and (a) Accommodations. When suitable space becomes available or the structure housing CRA offices is built, CRA shall provide a satellite office to be us~ by the City officers assigned to the CRA. (b) Services. Ufitities, rout/ne and extraordinary maintenance by CRA personnel. Page 3 H:\ t 990\900t 8-2,BB~AGMTWoticc Supplemental Services to CRA.doc ~v, 0748-04 (c} ' Eqttipmcnt. Equipment shall, be mutually agreed upon. equipment in'connection with the performance of this Agreement, as reflected in the attached Exhibit "B" and supplemented from time to time upon the agreement Of the Chief of Police of City and the CRA'. All such Equipment, unless specifically prey/tied herein, shall be purchased by tl~ CRA for and or~ behalf of the City. All Equipment set £onh in Exhibit 'B" and as provided for in this Agreement, other than the bicycles and patrol vehicles, shall be purdrased by and be owned by the City,. and the City shall be reimbursed for the cost of such Eqt~ipment. The CRA .shall purchase thc bicycles and patrol vehicles using technical specifications providc-d by City, and agrees to the lease the bicycles and patrol vehicl~ to the City for the annual sum of $1.00 per year, to be paid at the beginning of each. lease tenn, Equipment shall be operated and maintained by the City, ai the cost and expense of.the CRA, in accordance with Police Department procedures and Policies.. Modification/Damage. The CRA wiII make teas.enable modifications to thc Equipment provided in order to rn~t tl~ City's operational needs~.. Any damages to the unit or ¢qu!pment which arc in excess of normal, wear for the particular item or Equipment, and which damage is caused by the City or .its employees shall be repaired or replaced by the City. (et Equipment Budget,' Starting in July 200a, on an annual basis in J,uly, the parties, through thc Chief of Police or his design¢~ and the CRA Executive Director, agree to di~uss a proposal Equipment budget fat the upcoming budget year. This Equipment budg~ shall, include new Equipment, replacement F, quipment, maintenance costs for EquipmelR, and opgration co~s ~or Equipment (i.r, cluding gasolin.e). The projected Equipment costs, including maintenance and operation may be reflected in a mulually agreed upon extension to this A~ent. The parties acknowledge and understand that throughout the term of this Agreement and any extension thereof, Equipment may be in need ofreplacemem. In addition to the pr6jectexi Equipment costs for tho Equipment. set forth in Exhibit "B", subject to the prior approval of the C.R.A Executive Director, City may purchase up to $20,000 in necessary new or replacement Equipment. 3.2 The CITY shall' provide a semi-annual assr,smear, of. the r~sults achieved as measured against the performance objectives specified in the Plan of Operations as provided in the Index Codes referenced in Section 6.0 of this Agreement. 4.0 E~forcement of Rales sad Regulations. The authorization oftbe City's police oi'fic~rs to e.nforee the 'laws of the United Stat~s, the State of Florida, Palm Beach County, and the City of Boynton Beach are unaffected by the terms of this Agreeme~q.t. Nothing contained herein shall be construed as pa'mitting or authorizing City police officers to use any method or to act in any marmer in violation of law or of their sworn obligaiion as police o~¢ers. $,0 Communications~ 'Reporting and Evaluation. Page 4 H:\1990\900182.BBg~.GMT\Police Supplemental Services to' CRA.doc Rev 07-01~-0~ 5.1 Communications. Thc City agrees that thc CPA will have access to a~l public informati® not exempt from disclosure under Chapter ! 19, Florida Statutes, which in any way deals with criminal activity in any of' the CRA'$ communities covered by this Agr. cement. It is further agreed that, upon request and at the statutory rate, the City police department will provide ~o the CRA copies of such incident reports, an'cst repons, or other public documents, which document or substantiate actual or potential criminal activity in or connected with the Districts. 5.2 Reporting. The City police department will require all assigned police officers complete .a monthly log at the concJusion of each sh/fl and forward the original report to' the CRA'with the monthly report to the CRA's designee. This report will include, but not be limited to, the following data: (a) .Hours' worked (b) C~tts/requests for service (c) Referrals to City/CRA/other agencies '(d) Suspicious persons/name/description/vehicle license number (e) Vehicles abandoned/towed/stolen (f) Drug paraphrrnalia confiscated/found (g) Arrests/citations (h) ~ stoler~recovered (i) Assistance to residents and visitors 0) Broken Ii shts/sidewalks/Cn'affiti Ok) Conflict resolution, of apparent or actual conJlict between two or more persons (1) Weapons violations/seized The City police depmti~:,ent will be responsible for mc. Aid coordination. The City police department wilt re. lay to the' CRA Exez;utive Director or dcsignatel information related to any major crime or incident that occurs within the Districts, preferable befor~ thc media is informal, or as soon as poss~!e.. $.3 (a) (b) (c) (d) (O (g) (i) 0) (k) (1) Evaluation. The City and CRA agree that evaltmtions shall include: hours worked as reportc, cl on. monthly report respons¢ time to emergency and non-emergency calls targeted to communities by City-paid officers comparison 'of crime and workload in the targeted communities for the past years arrests including drug violations veMclr, s towed positive contacts refen'als ' trespassers reroovcd calls .for service weapons seized property Swlon/rccovcred community feedback. Page 5 H:\1990\900182.BB~GMTXPotiee Supptememat Services to CRA.doc Rcv. 0'?-08-04 It is further agreed, to facilitate the evaluation, the City will'provide, comparable crime, information for the City as a whole to facilitate th~ evaluation to include what 'proportion of activities City-wide occur on or near CRA p~'ty. 6.0 Plan of Operation. The 'Plan of Operation for supptcm~ta.l police, services witbJn thc District shall bc as set forth in the Index Codes for the City Police Department which are Jnco~orated herein and in the document entitled, "Plan.. of Operations for CRA Special- District Officers", is attached hereto and incorporated herein as Exhibit "C". If,' duling the term of the Agreement, either party desires re amend the scope of the Plan of Operati°n., either party may r~luest, for consideration by the other party, an amendment in writirig. 7.0 Term of Contract. The term.-of this Contract'shait begin on July' ,2004, and end September 30,-2004, subject to annual renewal upon the mutual agree, men! of the parties. The parties understand that on an annual basis the contract amount under .thi~ Agreement may vary 'based on the negotiation and agreement of the costs to the City to Provide services .under this Agreement and the costs of new and replaceme~.t Equipment. 8.0 Compensattoll to the CitY. For services provided, .CRA- shall.' compensate the City as follows: 8.1 CRA shall pay City on a monthly basis for services provided at the rate equal to the costs to the City for four (4) offices plus an additional ten (10%) percetit for admim~trativc costs. Any overtirae costs shall also be billed a the rate ¢o~t plus ten (10%) percent. Costs as referenced in this s~ction include all wages, salary, overtime; FICA, Life Insurance, Di~,bility Insurance, I-I~lth Insurance, Dental Insurance, Pension, Workers C0ml~ensation., and any other benefit paid or provided by City. For the balane~ Ofth~ 2003/2004 Fiscal Year (October 1, 2003-September 30, 2004), fl~e CRA shall pay the City an amount not- to-exceed $65,000.00. For the 200a/2005 Fiscal Year, (October 1, 2004-september :~0, 2005), if this Agreement is renewed by the CRA and City, the CRA shall pay the City an amount not-to- ~xeeed $325,000.00. The not-to-exceed amounts shall be negotiated between' the parties for any renewal of extension of this Agreement. Not-to-exceed amounts, as referred to in this Agreement, do not include overtime cOStS arising out of special events and activities within the Community Redevelopment Areas, and such costs for services requested by the CRA shall be reimbursed to the City bY the CKA. 8.2 On a monthly basis throughout the term. of this Agreement, City shall provide CRA with an invoice displaying the City's cost to provide Officer service~ as' r~fereneed in Section 8.1 and any Equipment reimbursement costs incurred by the City in .accordance with this Agreement. CRA shall pay each invoice and any balance due City within fifteen (15) days of receipt thereof. 8.3 Upon request of the CRA, the City shall provide copies of certified payroll time' repons documenting name, employee identification, hours worked under this. Agr~ement/ supervisory approval and verification of necessity for any overtime worked for the 'officers assigned to this d~tail. Page 6 H.:\ 1990\9001, 82.BBkAGMT\Police Supplem~tal S~rvices to CRA.d0c Rev, 07-0~-0~ 9.0 Termination. 9.1 The CRA may terminate this Agreement upon ninety (90) days written notice to the City. Such notice, shall be delivered by Certified Mail, 'Return Rece. Jgt Requested, to the address specified in section 10.0 9.2 The City may temainate this' Agre~nent upon ninety (90).days written notice to the CRA.. Such notice shall be delivered Certified Mail, Return Receipt Requested .to the'address specified in section I0.0. 10.0 Notices. Any notices required purse, ant to tho terms of this Agreement shall be sent by Certified Mail, Return Receipt Requested, to the principal place of business of each of the parties hereto, as specified below: CRA: CRA Executive Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 207 Boynton Beach, Florida 33435 CITY: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 And to: Police Chief City of Boynton Beach Police Department 100 East Boynton Be. aah BouleVard Boynton Beach, Florida 33435 11.0 Construction of Laws. The Agreement shall consist this Agreement and any subsequent written addenda agreed upon by both parties. 12,0 Severability. If ~.y provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application, of such provisions to person, s or situations other than those as to .which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enfo.reed to the fullest extent permitted by law. 13.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and exeouted with the same dignity herewith.. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on Page 7 H:\1990\900182.BB~GMT~Police Supplemental Services to CRA.dOc Rev. 07-0~-04 behalf of the party for whom he or she is signing, and to bind and obligate such par~ wifla reject to all provisions contained in this Agreement. I$.0 Gover'slng Law, This Agreement shall be governed by the laws of the Statc of Florida, with venue lying in Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Signed md Seal and Wimessed in the presence of: CITY OF BOYNTON BEACH, FL Witness · City Manager Witness ATTEST: . Approved as to Form City Clerk Signed., sealed and wimessed in, the Presence of: City Attorney CRA Witness -Chair Witness Page 8 H:\1990\900182.BB\AGM.T~Polic¢ Supplemental S~rvices to CRA.doc Rev. 07-05-04 Head of Boynton Area 1 in. = 664,5 feet ~Z3 Z Plan of Operations for CRA Special District Officer Exhibit C The Special District Officer wi. Il fulfill duties consistent with that of a crime prevention officer, high profile community policing officer, directed patrol officer and the traditional neighborhood pa~ol officer. The Special District Officer may walk a beat, ride a bike or operate a marked vehicle; however, they am charged with forming a partnership with our community therefore, extensive biking and foot patrol are highly recommended. Frequent and direct interaction with children, adults, business owners, community leaders, em. is a necessity. Officers are responsible for developing stratego plans to fulfill their objectives and follow through, using a significant amount of operational latitude. Problem solving for all issues, not just "police related" issues is a requirement. Hours of operation will be 11.5 hours a day with flexible start and end times based on community's input for need, crime statistics, and officer evaluation of the situational ~mumstances. Officers will wear thc designated CRA uniforms, utilize the CRA funded equipment, and operate within the set CRA. boundaries as set forth in the contract. Officers will comply with the CRA reporting procedures and forward the information to their supervisor who will then forward the information through the chain of command, to the Chief of Police, and then to the CRA. Memo To: From: Date: Re: CRA Board Susan Vielhauer March 29, 2004 Consideration of Facade Grant Application for Welsh Plastering, Inc. Welsh Plastering, Inc., which is a Commercial Plastering Contractor located at 716 NE 3rd Street, Boynton Beach FI., has submitted a request for the Facade Grant program. Welsh Plastering, Inc. is going to remove existing shingles on the mansard and install Hanson Hacienda "Coronado" Roll tile on the front of their building. As part of the upgrade of their building, they have finished the repaying and striping of the lot and will be painting the building as part of the improvement on their own. Upon' receipt of three estimates for the mansard project ranging from $3'600 to $6,496, they have selected Hl-Tech Roofing as their Contractor. The estimated timeline for this project is six months. Welsh Plastering, Inc. will match the $1,800 funding request with $1,800. This grant application complies with the rules and regulations of the Facade Grant program. Staff is recommending the approval of the Facade Grant request for $1,800 for the Welsh Plastering, Inc. The Fagade Grants budget line item has $31,232 in funds to pay the grant request. 5533 Facade Grant Request for Welsh Plastering, Inc. June 11, 2004 Staff: Susan Vielhauer 5534 ] -o 2002/2003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: ,_~8~_Y~ ~E, '~'~_ Ex)~ [ ~n ~......~-'_~ -) Address of Property Owner: City/State: ~)~3 LIA-~ A ~ 0~ i -- I -- Phone # Day: ( .~'~ f') q 3 ~- ,~ u~-I ~' Zip Code: ~:)~:) L.~ ~ ~-' Evening: ~l~ q~- ~l Legal owners and legal description of the property to be improved (p/ease attach copy of warranty deed and lease, if applicable): I ' If Different from Property Owner Name of Business: Address of Business: Type of Business: Years of Operation: Number of Employees: Phone # Day: (. ~ I ) r~ ~. ~ 51. ¢ Evening: Zip Code: ~3L~5 Annual Payroll: ¢ q- d'o, o~o Number of Employees residing in Boynton Beach: ~ 5535 Boynton Beach Com'~fi'hity Redevelopment Agency FacAde Grant Program Application PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa(;ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: Painting. · Shutters. · Signage (located on. the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the building. · Irrigation. · Parking lot re-paving, re-sealing, re-striping. · Exterior Lighting. · Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fa(~ade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. The Fagade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed Boynton Beach Co~tffiJhity Redevelopment Agency Facade Grant Program improvements. The Fae,,ade Grant program may only be used one time in any three year period for any one property. Properties .may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1st to September 30th). 5537 Boynton Beach Co.unity Redevelopment Agency Fagade Grant Program APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. Upon approval, appropriate grant .program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspeCts of the Fa(;ade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 5538 Boynton Beach Comnlun~ty Redevelopment Agency Fa(;ade Grant Program 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, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And 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. (Dat~) / F~operty Owner (Property owner's signature must be notarized) g -~o--~5" (Date) ~YWitne~ /Tenant/Business ~ner (Date) CRA Director (Date) 5539 Boynton Beach Corem'unity Redevelopment Agency Fac.,ade Grant Program STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared .._.~'~rn~s ~'~[~.ht , who is. personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this /~ day of ~ ,200_~. NOTARY PUBLIC My Commission Expires: 5540 Boynton Beach Com'rnuhity Redevelopment Agency Faq,~de Grant Program 2002~2003 FA(;:ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant agrees not to alter, renovate, or demolish the new fac~ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. o A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. The property owner, or tenant if applicable, must complete the far~ade improvement project within six (6) months of the grant award unless the project is approved as a phased projeCt in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of Boynton Beach Community Redevelopment Agency Fagade Grant Program Agreement Page 1 of 2 Revised 12/10/02 5541 completion by the CRA Board. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued ten (10) days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change-orders that have been approved by the CRA. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. ~/Vitne¢ (Date) 1,o/o ¢' (D~te)/ / Pr(;~perty Owner Tej~ant/Business Owner (Date) (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Agreement Page 2 of 2 Revised 12/10/02 5~ WARRANTY DEED AND LEGAL DESCRIPTION 5543 5544 'bOO/eO0[~ '¥'d'd~l¥O ~ dt~¥3 Lgg~g~gB X¥:I LO:~L ~O0~/SL/gO 5545 ~00/~00~] 'V'd'dl~VO ~ dHVO LSSZ~:~8 X¥3 LO'~I. 5546 I:'00/~00~ '¥'d'diq¥O ~ d~V3 L99~g~g8 XV-~ ~O:~L ~O0~/8t/gO PROJECT WORK WRITE UP 5547 716 N.E. Third Street Boynton Beach, Florida 33435 Ph. (561) 736-3515 Fax (561) 736-3522 FACADE GRANT PROGRAM: PROJECT INFORMATION FOR IMPROVEMENTS TO BE COMPLETED AT THE FOLLOWING LOCATION 716 N. E. Third Street Boynton Beach, Florida 33435 Owner: James Welch Tenant: James Welch, Welch Plastering, Inc. Removal of existing shingles at mansard and installing a Hanson Hacienda "Coronado" Roll tile in its place. Picture and brochure are attached to show color, style, and material specifications. Three cost estimates for new shingles, aluminum siding, and the roll tile are attached. I have chosen to us the roll tile installed by Hi-Tech Roofing and Sheet Metal, Inc. The work is due to begin on or about the week of June 14th, 2004, as soon as permits are obtained. My cost will be $3,600'.00 Before pictures are included which show the appearance and condition of the shingles which are approximately twenty years old. The building will also receive new paint.. I have the accessible funds to pay for the above mentioned improvements in an AmTrust account # 00780043394. 5548 · ~ ,.~.?. THREE WRITTEN ESTIMATES 5549 ~'~a 2 of 2 May 10, 20O4 Welch Plastering 716 NE 3"~ Street Boyn~on Beach, FL. ALTERNATE #1 - ADD to contract price above for fumlehing and installing a 6" patnted aluminum asamle~a gutter on eaet side of building (approx. 90 feet) with four (4) 3" x 4" downspouts. ADD .................................... $1,400,00 ~ADD to contract price above for removing ezJ~ng roofing at marmard and installing a H~'-~a~[ei~la "Coranado" roll tile in accordance with manu~res specifications. ADD .................................... $ 3,600.00 ALTERNATE #3 - ADD to contract price above for removing exleting roofing st mansard and Installing a forty (40) year dimensional shingle in accordance with manufactures speclflcation~. ADD .................................... $ 3,600.00 ALTERNATE ~2 - ADD to contract prir, e above for removing existing roofing at manward and installing a 26 gauge gatvalume mill flnlahed 5-V crimp metal roof in accordance with manufacture~ specifications. ADD .................................... $ 4,200,00 ALTERNATES ACCEPTED BY OWNER Notes and Exclusions A. All mechanical, electricS, condensate line replacement, plumbing, engineering, surveys, and sheet metal painting required for re-roofing to be by owner. B. New gutters and downspouts am not included C. Existing wood bloc, king to be re-used. D. This proposal may be withdrawn by us if not accepted within Sixty (60) days. E. Owner to provide adequate area for project staging and adequate access to building for re-roofing operation. F. This signed prOposal shall be considered the contract and the Standard form AIA document between Owner and contractor shall govern this proposal. G. Price based upon schedule of values with monthly draws. Hi-Tach Roofing standard terms and conditions to apply. Michael $. Scanlon Hi-Tach Roofing, Inc. Ownor or Agent 5550 HI- TECH ROOFING AND SHEET METAL, INC. "Exe~v, ding F.,xpeetations'~ State Contractors License # CCC058213 514 Eastcoast St. Lake Worth, FL 33461 May 10, 2004 Welch Plastering 716 NE 3~ Street Boynton Beach, FL. (561) 586-3110 FAX (561) 586-5198 www. hi-techroofing, com Thank you for inviting HI-Tech Roofing to bid on the above referenced project, w,.e feel especially equipped to perform this work on your behalf. We propose to furnish all labor, materials, to perform the following work: FLAT ROOF ~ 1. Tear off existing roofing system clo~.o a workable 2. Seal all joints in twin tee deck as requir~to prevent 3. Prime existing concrete roof deck with asp~lt primer 4. Install %" perlite insulation to concrete deck ir~ 5. Install a 75~ fiberglass base sheet set in hot away. spilling or leaching through roof deck. with manufacture specifications. 6. Install one (1) ply of type IV fiberglass felts asphalt in accordance with manufacture specifmafions. 7. Install a white granular surfaced SBS Mod, if~cl cap sheet set in hot asphalt'in accordance with manufacture specirma:tions. / · 8. Flash all eaves, and vents throughTf in accordance ~ manufacture specifications. 9. Install galvanized metal flashin~,~s required. 10. Provide all hoisting, permits~d barricades as required to the work. 11. Fumish Hi-Tech Roo~. (5)year w. arran~ on labor Total Price (Tax Included) ................................................ $16, 800.00 5551 A.A.M. IND ES, INC. #CGC 001229 P.O, Box 243662 ~oynton Beach. FL 33424-3667 May 10, 2004 Page i of 2 Welch Plastering, Inc. 716 N.E. Third Street Boynton Beach, FL 33435 Phone: (561) 736-3515 Fax: (561) 736-3522 RE-ROOF ESTIMATE CONTRACT MANSARI~ ROOF: 5V CRIMP 24 GAUGE GALVANIZED FINISH METAL ROOF SYSTEM 1. Remove existing roof as is needed to provide a smooth workable surface. Proper access must be provided. 2. If needed, renail existing sheathing according to code. 3. Replace roEed sheathing up to 64 square feet of plywood at no charge. All over this amount to be charged at a rate of $3.50 for sheathing and fascia board. Pl~ood sheathing to be charged at a rate of $3.00 per square foot. Ra~ers to be repaired as ~pe of construe/on will allow at a rate of $5.50 pep lineal.foot. Replacement of lumber does not include so~t boards; nor does it include any re-painting of boards replaced. (Wood price is based on standard wood and access.) 4. Tin tag one ply of A~N 30~ asphalt saturated felt according to local building codes. 5. Install new 5V Crimp 24 Gauqe Galvanized Finish metal roof system fastened according to local building codes. 6. Clean up all roofing debris and haul away. Upon comp/et/on of roof installation and final payment, a five (5) year warranty as printed on the back of the customer's copy of this estimate will be in effect. All of the above labor, material and services to be performed for the sum of ~4,200.00 payable as follows: TERNS: 30% upon acceptance. 50% of contract price upon dn/-in. Balance upon completion. "Subsequent work will not be performed until previous draws are paid," LOCAL ~.,ERMZT FEES BILLED SEPARA TEL Y Price Does Not £nclud~. PARICTNG SECUR/TY LIGHT WILL NEED TO BE TEMPORAR.I:LY REMOVED (BY OTHERS)~ OR ANYTHING THAT ZS NOT STATED ABOVE. 5552 Initial~/'~'/~/ 225 S,E. 5TH AVENUE · BOYNTON BEACH. FLORIDA 33435 www,aamindustries,com · Email aam-industries@worldnet.att,net .02/11/2B04 06:23 954-772-5001 ALL AMERICAN ROOFING PAGE 03 Welch Plastering May ?, 2004 1. PITCH PANS: Shop fabricate and install 26 gauge galvanized continuous soldered flanged pitch pan. New pitch pan to be asphalt primed, set in mastic and flashed in strict accordance with manufacture's specification. Interior pitch pan to be field 60% with motor mix and crowned with mastic and granules for ultra violet protection. Pitch pans require maintenm~ce approximately every 2-3 years, which is not included in warranty. Please call to discuss. 2. Install new lead flashing(s) on all waste stacks. 3. Install 26 gauge galvanized mill finish drip edge metal flashir~g. 4. When applying new roofing, all necessary metals will also receive one coat of out asphalt primer for proper adhesion. 5. For additional ultraviolet protection, install loose granules on all seams of new roofing. FLAT ROOF QUOTATION: For the sum of ..................................... -. ......................... $17,893.00 (Seventeen thousand eight hundred ninety-three dollars and O0 cents.) MANSARD ROOF QUOTATION: For the sum of ............................................................... $6,496.00 (Six thousand four hundred ninetyOsix dolla;, and O0 cents.) W~TY: Provide five (5) year warrantee on material, labor, and workmansl'dp provided by All American Roofing, Inc. MATER~IAL WARRANTY: Ten (10) year limited material warranty from manufacturer on Modified Bitumen Forty (40) year limited material warranty from manufacturex on Dime~.~sion Shingles. NOTES: Quotes are based on doing both roofs at the same time. If Mansard are done separately at a lat~ date then there will be additional charges dne to double pc~nitting and double tie fils. Ali A/C and electrical work is not included in this proposal. Plea~e call to discuss. 5553 ALL AMERICAN ROOFING, INC. 944 West Prospect Road - Oakland [ ark, FL 33309 Phone # (954) 772-7683 · 6561) 479-4983 - (305) 466-0411 - Fax # (954) 772-5001 License. CCC # 045912 , , May 7, 2004 WELCH PLASTERING, INC. 716 N.E. 3~d St. Boymton Beach, FL 33435 Phone #: (561) 736-3515 Fax #: (561) 736-3522 Re: New roof. We m~ pleased to submit the following proposal for yom: consideration on the above referenced premises as follows: We' agree to provide all labor, material, tools, equipment, and the proper insurance, ' scoPE OF wORK; Remove and install new flat an~ansard roof. PROCEDCrRE PREPARATORY WORK: A. Cut and remove all existing roofing down to the wood and concrete deck. Remove only as much roofing m one working day period that can be replaced. Water cut off is to be installed at the end of each working day to assure a watertight condition. B. Replace all rotted 5/8" plywood sheathing up to 100 square feet at no additional charge. This includes 5/8" plywood sheathing on the deck only and any additional replacement will be at $3.00 per square foot. Any fascia, trusses, ~,offit, beam, or plank replacememt are not included in this quote. 3/4" tongue and groove or plank to be replaced with 3/4" plywood at $3.50 per square foot. 3/4" tongue mad groove and plank replacement will be at $4.00 per linear foot. C. Broom clean the entire roof mad remove all dust and dirt and thoroughly clean with a power ~' blower. D. Remove all debris mad cart away. 5554 02/11/2004 06:23 9§4-?72-§001 ALL AMERIOAN ROOFING PAGE 02 Welch Plastering 2 May 7, 2004 PRIMER ON CONCR_ETE DECK: To assure a sound substrate and proper adhesion the entire deck surface To receive one coat of cut asphalt primer. 30-POUND FELTS, ,,O,N MANSARD: Install one ply of new ASTM 30 pound felt mechanica/ly fastened in accordance with local building codes and manufactures specifications. SFII~IGLES ON MANSARD{,,J)I[I~IEN.SIONAL SItlNG,,L,,,ES): Install new forty (40) year Dimensional fiberglass fungus resistant asphalt shingles. Shingles are to be mechanically fastened with roofing nails in strict accordance with the manufacturer and local building departments specifications. The color is to be determined by the owner. ROQF _.DECK INSULATION. ,&ND RECOVERY BOARD ON.FI,AT ROOF: Install ~A inch roof deck insulation to the entire deck all boards are to be embedded in Type IV hot asphalt at a rate of 60 to 100 lbs. per square depending on substrate. BASE SttEET ON FL~T ROOF: Install one ply of 28 lb. fiberglass base sl~eet to the entire surface of the roof, lapp/ng each sheet two inches over the underlying sheet and six inches over the end laps. Each sheet is to be installed so that it is uniformly set without voids into Type IV hot asphalt at the rate of 28 lbs. per 100 square feet. INTERPL.,¥. ON FLAT ROOF Install one ply (s) of fiberglass felt embedded in a mirfimum uniform layer of 25lbs of Type W hot asphalt per 100 square feet. MODIFIED__~BITUIVIEN ROOFING Sy_ST.E1Y~ Install granular surface modified bitumen roofing with plasticized bituminous and modified with elastomers and reinforced with a high strength polyester core. All sheets axe to be embedded iai Type IV hot asphalt as per the manufacturer's specifications. The above work will be performed by trained men proficient in this type of work. 5555 COLOR PHOTOGRAPHS 5556 Full Front View of building before 5557 Close up view of the Mansard North end of Mansard 5558 Middle of the Mansard South end of Mansard 5559 TIME LINE 5560 This project will be completed with the six months time frame. 5561 ABILITY TO PAY 5562 12-1956 gal Cbec4 ~ JAMES D WELCH JR 717-1 NE 12 TER BOYNTON BEACH FL 33435 ACCOUNT NUMBER ITEMS ENCLOSED BEGINNING BALANCE 0 DEBITS 0 CREDITS INTEREST ENDING BALANCE 04-15-04 05-17-04 007~ 0043." 94 0 71 152. ~3 0. ~0 0. ~0 123. ;3 71 276. ,6 DATE 5-17 . . DETAIL OF TRANSACTIONS TRANSACTION DESCRIPTION INTEREST PAYMENT INTEREST ENDING DATE 05117104 DAYS IN INTEREST PERIOD 32 INTEREST PAID 9123.63 ANNUAL PERCENTAGE YIELD EARNED 2.00% AVERAGE BALANCE INTEREST ANNUAL RATE 95,000 $9,999.99 1.687% 1.70% 910,000 924,999.99 1.785% 1.80% 925,000 949,999.99 1.884% 1.90% 950,000 + 1.982% 2.00% 5563 ~M6UNT 123.63 PERCENTAGE YIELD RATES MAY CHANGE AT ANY TIME 71 BALAI CE 276. 6 PLEASE INSERT INTO BOARD PACKET PAGE 5564 d -5-- I I I Z ~ ~ ~ c ~ . ~ m 'G m m ~ b~.~ -- ~ m c o ~ m-- m m ~ ~ · 0 ~.- m m'~ ~ m c~ 'D ~m ~.- ~ ~ ~ ~ .- ~ ~E.- ~ ~ ~ c--m~b I ~ ........ ~ ~ ~: __ ~ ., Memo: To: CRA Board From: Douglas Hutchinson Subject: Legal Services Taskforce Date: June 28, 2004 As the CRA is more and more active, legal representation has an increasingly larger role. Staff has been asked to periodically review professional services. I would like to suggest that a "Legal Review Taskforce" be appointed to review our legal representation needs and direct the Board as to their recommendations on representation. 5565 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Consideration of Six Month Extension of the Direct Incentive Award to the Arches Project June 29, 2004 The Arches Project has been granted a six month extension for the project's site plan by the CRA and City. The CRA Direct Incentive agreements, which were finalized in November of 2003, are being requested for a six month extension from the November 19~h, 2003 effective date to a May 19th, 2004 effective date. Note that the Board requested that if the request for the extension is approved, that it is contingent on no changes being made to the original project. Any project changes will require the CRA to re-evaluate the incentives awarded. Staff recommends the six month extension for the CRA incentive contracts. 5566 ~TUN-89-2004 ! 1: 8E FROM: MR×WELLE TO:15Gl?373258 Bo nton Ventuzes 1 LLC 1250 E. Hallandale Beach. Blvd. Suite 305 HaJlandale Beach, l"ff~ 33009 June 29,2004 VIA FACSIM_'I-LE: 561-737-3258 Doug Hutchinson CRA Director 639 East Ocean Avenue Boy~.~ton Beach, F! 33435 Re: Effective Date Change of CRA Direct Incentive Funding Agreement and Advance Funding Agreement Dear Mr. Hutchinson, As you are aware, Boyton Ventures i, [,,LC were granted approval~ last yea~ to develop the project 'known ~ the Arches. During our normal and customary pre-development operations we encountered an unforeseen environmental issue. As you are also aware earli,r this month both the CRA and the City Commiss{on granted a six month extension on site plan approval. As per our June 29th conversation and your suggestion I am hereby requesting that the effective date of the Direct Incentive Funding Agreement mad the Advance Funding Agreement be adjusted six months~ as per thc extensions to have a new effective date of May 19~ 2004. Plea,se feel f~ee to contact us with any further questions. Sincerely, bcr 5567 ADVANCE FUNDING AGREEMENT (UNDER DIRECT INCENTIVE PROGRAM) This is an Agreement entered into on the day of /~0~,~ 6~, 2003, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public agency created pursuant to Chapter 163, Part l'Y[ of the Florida Statutes (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and BOYNTON VENTLrRES I, LLC., a Florida corporation, (hereinafter referred to as the "Developer" or "Boynton Ventures"), with a business address of 319 Clematis Street, Suite 512, West Palm Beach, Florida 33401. RECITALS: WlIEREAS, as part of its strategy to "encourage large-Scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated January 22, 2003 (hereinafter the "Direct Incentive Program"); and WltE~AS, Developer submitted an apphcation to the CRA for funding a Direct Incentive for the Arches of Boynton Beach Project (hereinafter the "Project"); and WI-IEREAS, at the May i5, 2003 meeting the CRA Board approved said application with a project scoring of 110 points (making the Project eligible for the maximum incentive under the Direct Incentive Program), subject to approval of a mutually acceptable contract, and which Direct Incentive is the subject of a separate companion agreement (hereinafter the "Direct Incentive Agreement"); and WI-IE~AS, at the May 15, 2003 meeting the CRA Board also approved in concept front loading or advance funding for the Project in the amount of $2,000,000 (Two M/Ilion Dollars), which advance funding is the subject of this Agreement; and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida St.atutes, Section 163.322I; and WltEREAS, at its October 30, 2003 meeting, the CRA Board approved this Agreement. NOW, TI:IEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: 5568 Section 1. Incorporation of Recitals. Thc above recitals and true and correct and arc incorporated in this Agreement by reference, Section 2. Definitions. As used in this Agreement the following terms shall have the following meanings: ' "Advance Funding Account" means the account established by the CRA under Section 8 of this Agreement, which account shall be used to maintain a record of all disbursements from the $2,000,000 (Two m/Ilion dollars) and credits toward repayment. "Agreement" means this Advance Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, in accordance with the terms of this Agreement. "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Developer (and any assignee or transferee of the Developer that is permitted under this Agreement, from and after the date of such permitted assignment or transfer) "Other Public Areas" means ali Public Areas other than the Public Parking, but shall not include the Public Utilities, which shall be dedicated to the public. "Pledged Project Increment Revenues" means 50% of the Project Increment Revenues. "Project" means the Arches of Boynton Beach Project as described above in the second "whereas" clause, and as further described in the Site Plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is a. ttributable to the Project, using $31,129 as the base year in calculating such increment revenues, so that increment revenues .for the Project is equal to all amount over the base year amount. "Property" means the real property described on Exhibit A. "Public Improvements" means the streetscape, public plaza and walkways, and public spaces within the parking garage, as shown on the Delineation of Public Areas attached as Exhibit C. 5569 "Public Parking" means the first 167 parking spaces upon entry into the parking garage, including parking for the disabled required for the Project under applicable laws. "Redevelopment Area" means those areas within the limits of the City which have been declared Blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Schedule of Values" means the document prepared by the Developer's architect of record, showing a listing of the Public Improvements and their value. The Public Parking shall be shown as the allocated portion of the costs of the Public Parking, arrived at by dividing the number of Public Parking space by total number of parking spaces in the garage and then multiplying that factor by the total costs for the parking garage. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion on June 3, 2003, and as scheduled by the City Commission to be corrected for errors on October 21, 2003 or as soon thereafter as is possible, and as may thereafter be amended by the City from time to time. The Site Plan is attached hereto as Exhil~it "B". "Soft Costs" means architectural, engineering, surveying, consultant, development, legal, design, accounting, and all other professional fees and costs, and including overhead and general conditions incurred during or in connection with the development of the Public Improvements. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the condominium units and 90% of the square footage of commercial space, as evidenced by issuance of a certificate of occupancy for such units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Any terms used herein which are not defined shall have the meanings as set forth in the Direct Incentive Agreement. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement Section 4. Developer's Construction of the Proiect. Developer agrees to construct the Project as described in the Site Plan and to maintain the public parking and other public areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to substantially reduce the number of residential units, the amount of commercial square footage, the size of the Pubic Improvements, the number of 5570 3 Commercial or public parking spaces, or any other change which would substantially reduce the taxable value of the Project, without the prior approval of the CRA. And provided further that the Developer shall have the right, without any further approval from the CRA, to have the City take all action necessary to change the textual language in the Site Plan which conflicts with the square footages approved in the drawings. "Substantially" as used in the Section means any change which would'trigger a major Site Plan modification. Section5. Commencement of Construction. Developer agrees to commence construction of the Project within 180 days of the Developer pre-selling 70% plus one of the residential units but no later than 2 years from the effective date of this Agreement. The Developer shall have the right to extend the commencement date by up to six months on a showing by the Developer to the CRA that the Developer has diligently pursued the construction start and that any delay is beyond the control of the Developer. Section 6. Project Completion Guarantee. Developer agrees to provide to the CRA the same form of a project completion guarantee that Developer provides to its lender, and the CRA shall be named as a co-beneficiary of such guarantee. Such completion guarantee shall be provided to the CRA within 15 business days of providing such guarantee to the Developer's lender. Section7. Advance Funding to be Applied to Developer Improvements. The advance funding is extended to the Developer to construction of Public Improvements. Cost of Public be used for the Section 8. Advance Funding Amount and Establishment of Account. The CRA agrees to advance fund to Developer the principal amount of $2,000,000 (Two Million Dollars). The CRA agrees to maintain such principal amount in a segregated account within the CRA book of accounts, to be identified as "The Arches Public Improvements Advance Funding ACcount.'' Such segregated account shall be established within 15 days after notice from the Developer to the CRA that construction has commenced. Developer agrees to provide the CRA with a Schedule of Values prepared by the Developer's architect of record, showing a listing of the Public Improvements and their value. Section 9. Method of Disbursement. After commencement of construction, the Developer may make application for disbursement to the CRA from time to time, but not more often than once every ninety (90) days. Such application for disbursement shall contain the certification of the architect of record showing the percentage of completion of the various items on the Schedule of Values. The CRA shall have the right to have a .third party consultant review the Schedule of Values and determine that the improvements referred to therein are as described in this Agreement and are reasonable. The CRA shall also have the right for a third party consultant to approve the quarterly applications for disbursement. Such application shall include a factor which equals 25% of the amount shown as construction or "hard" costs, to reimburse Developer for its Soft Costs in connection with the Public Improvements, it being the intent of the parties that Developer shall be paid all of its direct and indirect costs in connection with the Public Improvements, up to the $2 million limit. Within 15 days of receipt of each application 5571 4 for disbursement the CRA shall disburse the payment to the Developer by electronic transfer to Developer's project bank account. Section 10. Interest Charges Applicable to the Advance Funded Principal. Eighteen months after commencement of construction or such earlier time that the Developer has received the entire $2 m/Ilion in advance funding, the CRA shall apply an interest factor to the principal amount. Such interest shall be the then prevailing rate for the Florida Municipal Bond Index for five year maturities. Interest shall be calculated quarterly, and prorated where applicable. All interest shall accrue and be added to the then outstanding principal balance of the Advance Funding Account. All computations of interest shall be .applied solely to the advanced principal, exclusive of interest. No other charges shall be assessed to the Advance Funding Account, including but not limited to administrative fees and/or overhead, it being to intent of the parties that the sole charge to the account shall be the interest charges described in this section. Section 11. Annual Amounts Payable to Developer under Direct Incentive Agreement to be Applied to the Advance Funding Account Balance. The Pledged Project Increment Revenues payable to Developer under the companion Direct Incentive Agreement shall be credited against the amount of advanced principal and accrued interest owed under the Advance Funding Account. At such time as the amount owed under the Advance Funding Account is paid in full, all of the Pledged Project Increment Revenues shall thereafter be paid directly to the Developer. Section 12. No Lien on Property. The parties hereby agree that the sole source for payment of the Advance Funding Account shall be the Project Increment Revenues. In no event shall this Agreement or the Advance Funding amount be considered a lien or encumbrance upon the Property. Section 13. No Pledge of Segregated Advance Funding amount. The CRA warrants and represents to Developer that the $2 m/ilion to be placed in the AdvanCe Funding Account is not the subject of any prior pledge by the CRA, and further agrees that such monies shall not be pledged, hypothecated or secured by the CRA in the future; provided, however, that if the monies to be placed in the Advanced Funding Account have previously been pledged as security for the outstanding $3 m/Ilion loan with Bank of America (entered into by the CRA on September 20, 2001), then the monies pledged under this Agreement shall be subject and inferior to such prior pledge. Section 14. CRA's Maintenance of Records and Annual Account Funding, Quarterly Reports to Developer. Commencing with the date of this agreement, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement Such records shall clearly document for the benefit of the CRA and the Developer all amounts deposited in and disbursed from the Advance Funding Account and ali amount credited toward and payable under the account. The CRA shall provide quarterly reports to the Developer, within 10 business days of the application of quarterly interest charges. In the event the Developer believes there is an inaccuracy in any report the Developer shall have the right to challenge such report (or reports) and the parties shall meet within 10 business days of such challenge, and attempt to resolve the disputed amount in good faith. 5572 Section 15. Termination. The obhgations of Developer and CRA under this Agreement shall terminate upon the earlier of (i) payment in full of the amount due in the Advance Funding Account or (ii) failure by the Developer to commence construction of the Project on or before the construction commencement date set forth in Section 5 above, unless extended as provided therein. Section 16. Events of Default. In the event of any default under this Agreement between the CRA and Developer, the defaulting party, upon written notice from the other, shall proceed immediately to cure the default and shall cure the default within 60 days after receipt of the Default Notice. If at the end of such 60 day period the defaulting party is proceeding diligently to cure the default, the cure period shall be automatically extended for an additional 60 days. If the defaulting party fails .to cure such default within the Cure Period the parties shall have all available legal remedies. 16.1 Unavoidable Delay. In the event of delay in performance of either party hereto under this agreement due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of government (including, but not limited to, delays in issuing permits or other approvals required for construction), acts of the other party, fires, floods, strikes, freight embargoes, unusually severe weather, or delays of subcontractors due to such causes, the time for performance of such obligations shall be extended for the period of the enforced delay, provided the party seeking the benefit of the provisions of this paragraph shall, within 30 days after the beginning of any such enforced delay, have notified the other party in writing of the causes and requested such extension. 16.2 Enforcement of Performance, Damages, and Termination. If an event of Default occurs, the non-defaulting party may elect to do any or all of the following: (i) enfOrce performance or observance by the defaulting party of the applicable provisions of this Agreement or (ii) terminate this Agreement and the non-defaulting party's obligations under this Agreement 16.3 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amount due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and be enforceable by the Parties hereto, and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other, merely by 5573 virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement. 16.4 Remedies under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or aga/nst Developer under the present or any furore federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, hquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such ban/m~ptcy or insolvency code, statute or law or this Agreement. .Section 17. No Brokers. CRA and Developer each represent to the to the other that it has not dealt with any broker, finder, or hke entity in connection with this Agreement or the transactions'contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. Section 18. Notices and Other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any Recognized Mortgagee), or whenever either of' the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project , each such notice, demand request, consent, approval or other commtmication (referred to in this Section 16 as a '2XIotice") shall be in writing (whether or no so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mall,. postage prepaid, return receipt requested, (ii) persona/delivery with a signed receipt or (/ii) a recognized national courier service, addressed as follows: If to Developer: Boynton Ventures I, LLC 303 Banyan Blvd. Suite 403 West Palm Beach, FL 33401 With copies to: Gregory E. Young, Esq. Edwards & Angell, [JJP One North Clematis Street Suite 400 West Palm Beach, FL 33401 and Patrick N. Brown, Esq. 821 Flamingo Drive West Palm Beach, Fl 33401 5574 I~ to CRA Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Lindsey A. Payne, Esq. Ooren Cherof Doody & Erzol, PA 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 18.1 Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 18.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date dehvery thereof is refused by the recipient thereof. Section 19. Amendments and Waivers. The Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the parties hereto. Section 20. Assignment. Prior to Substantial Completion of the Project Developer shall not transfer or assign its interest in this Agreement to any other person or entity without the prior written consent of the CRA: provided, however that prior to Substantial Completion this Agreement may be transferred without consent to any successor entity in which Boynton Ventures I, LLC owns or controls 5% of such entity. After Substantial Completion this Agreement may be transferred by the Developer without restriction. Provided, however, that any assignee hereunder shall assume all of the obligations of the Developer under this Agreement. Section 21. Successors and Assigns. The agreements, terms, covenants, and conditions herein shall be binding upon and inure to the benefit of the CRA and the Developer, and, except as otherwise provided herein, their respective successors and permitted assigns. Section 22. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 23. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. Section 24. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 5575 Section 25. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. Section 26. Severability. If any provision of this Agreement or apphcation thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent perm/Xed by law. Section 27. Authority to Execute. Each party hereby represents to the other that each person executing this Agreement on behalf of the CRA or the Developer (or in any representative capacity), as applicable has full fight and 1awful authority to execute this Agreement. Section28. Governing Law and Venue. This Agreement and the Restrictive Covenants shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. Section 29. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement, the Advance Funding Agreement and the Direct Incentive Program, the following shall be the order of priority for interpretation: (a) The Direct Incentive Agreement Co) This Agreement (c) The Direct Incentive Program dated January 22, 2003. Section 30. No Recording. This Agreement shall not be'recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their'hands and seals the day and year first written above. LLC 5576 (witness) ( STATE OF ?'LO a I O/% · · SS~ COUNTY OF /~/'~ ~eac.~ . B O YNTON BEACH COMIVIUNITY Pd~DEV]~~!V1~ AGENCY B~hf~ BE~_.ORE IvZE, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ,{~,?~)~,j~2~ as n0gtng~ m~-~,4c0r~._ of BOYNTON VENTURES I, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON VENTLIRES I, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES I, LLC. ~she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ]9~' day of /OoVw-r~/,e~e_ 2003· My Commission Expires: Notary Public, State of Florida at Large STATE OF I-/o. K t o ~ · · SS: COUNTYOF P~4Lr~ ~tOt-t , BEFORE 1VI~, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared t_acc,{ ~,,,o/4a_--/~pc.;~d as Chairman of and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYN-TON BEACH COMMUNITY REDEVELOPMENT AGENCY for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. ~she is personally known to me or has produced as identification· IN'WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this / q day of ~7~ V'Pr/~ ~---(-- 2003. My Comm/ssion Expires: ~/,6,.~., ted/- /, =2 007 Notary Public, State of Florida at Large Final October 30, 2003A 10 5577 DIRECT INCENTIVE FUNDING AGREEMENT This is an Agreement entered into on the /~/~ day of ~/~, 2003, by and between: BOYNTON BEACH COMMUNITY REDEVELOPlvfENT AGENCY, a public' agency created pursuant to Chapter 163, Part lit of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and BOYNTON VENTURES I, LLC., a Florida corporation, (hereinafter referred to as the "Developer" or "Boynton Ventures"), with a business address of 319 Clematis Street, Suite 512, West Palm Beach, Florida 33401. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated January 22, 2003 (hereinafter the "Direct Incentive Program"); and VVHEREAS, Developer .submitted an application to the CRA for funding a Direct Incentive for the Arches of Boynt0n Beach Project (hereinafter the "Project"); and WI~REAS, at the May 15, 2003 meeting the CRA Board approved said application with a project scoring of 110 points (making the Project eligible for the maximum incentive under the Direct Incentive Program), subject to approval of a mutually acceptable contract; and WHEREAS, at the May 15, 2003 meeting the CRA Board also approved in concept front loading or advance funding for the Project in the amount of $2,000,000 (Two Million Dollars), which advance funding is the subject of a separate companion agreement (hereinafter the "Advance Funding Agreement"); and WI-IEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WI-IEREAS, at its October 30, 2003 meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: 5578 Section 1. Incorporation of Recitals. The above recitals and true and correct and are incorporated in this Agreement by reference. Section 2. Definitions. As used in this Agreement the following terms shall have the following meanings: "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, in accordance with the terms of this Agreement "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Other Public Areas" means all Public Areas other than the Public Parking, but shall not include the Public Utilities, which shall be dedicated to the public. "Developer" means Developer (and any assignee or transferee of the Developer that is permitted under this Agreement, from and after the date of such permitted assignment or transfer). "Pledged Project Increment Revenues" means 50% of the Project Increment Revenues. "Project" means the Arches of Boynton Beach Project as described above in the second "whereas" clause, and as further described in the Site Plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $3 i, 129 as the base year in calculating such increment revenues, so that increment revenues for the Project is equal to all amount over the base year amount. "Property" means the real property described on Exhibit A. "Public Improvements" means the streetscape, public plaza and walkways, and pubhc parking spaces within the parking garage, as shown on the Dehneation of Pubhc Areas attached as Exhibit C. "Pubhc Parking" means the first 167 parking spaces upon entry into the parking garage, including parking for the disabled required for the Project under apphcable laws. 5579 "Redevelopment Area" means those areas within the limits of the City which have been declared Blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part Ill. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion on June 3, 2003, and as scheduled by the City Commission to be corrected for errors on October 21, 2003 or as soon thereafter as is possible, and as may thereafter be amended by the City from time to time. The Site Plan is attached hereto as Exhibit "B". "Substantial Completion" or "Substantially Complete" means the completion of 90% of the condom/Mum units and 90% of the square footage of commercial space, as evidenced by issuance of a certificate of occupancy for such units and commercial space. "Tax Collector" means the duly elected tax collector for Palm Beach County. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement. Section 4. Developer's Construction.of the Project. Developer a~ees to construct the Project as described in the Site PIan and to maintain the public parking and other public areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to substantially reduce the number of residential units, the amount of commercial square footage, the size of the Pubic Improvements, the number of commercial or public parking spaces or any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in ths Section means any change that would trigger a major Site Plan modification. Section 5. Commencement of Construction. Developer agrees to commence construction of the Project within 180 days of the Developer pre-selling 70% plus one of the residential units, but no later than 2 years from the effective date of this Agreement. The Developer shall have the right to extend the commencement date by up to six months on a · showing by the Developer to the CRA that the Developer has diligently pursued the construction start and that any delay is beyond the control of the Developer. Section6. Direct' Incentive Funding to Offset Developer Cost of Public r. mprovements. The incentive funding is granted to the Developer for the purpose of offsetting in part the Developer's cost of constructing the Public Improvements, 558O Section 7. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, t° pledge and assign to Developer for a period of 10 consecutive years, as provided in Section 8, an annual amount which equals the Pledged Project Increment Revenues. Section 8. Commencement and Conditions of Funding. The 10 year period shall commence on the year that the following conditions are met: (i) the Project is Substantially Complete, (ii) the completed improvements have been placed on the Tax Roils, and (iii) the CRA has received Project Increment Revenues from such improvements. The Pledged Project Increment Revenues shall be credited or disbursed within 30 days of the CRA's receipt of such revenues from the Tax Collector, as follows: (i) first credited to the balance owing, if any, under the Advance Funding Agreement, (ii) if no amount is due and owing under the Advance Funding Agreement such revenues shall be disbursed to the Developer. ,Section 9. No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that such Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA, and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA in the future. Provided, however, that if the CRA decides to borrow the money to fund the $2 million for the Advance Funding Agreement, the Pledged Project Increment Revenues may be pledged for such debt. Section 10. Advance Funding. The CRA has agreed to advance fund a portion the Project Increment Revenues in the principal amount of $2,000,000 (Two Million Dollars) in accordance with the terms of the companion Advance Funding Agreement. Section 11. CRA's Maintenance of Records and Annual Account Funding. Commencing with the date of this agreement, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement Such records' shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement, and shall also reflect all amounts credited toward and payable under the Advance Funding Agreement. Section 12. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 7 hereof as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before the construction commencement date set forth in Section 5 above, unless extended as provided therein. Section 13. Restrictive Covenants. Upon the earher of 0) Substantial Completion of the Project, or (/i) recordation of all condominium documents, Developer shall execute and record a restrictive covenant regarding the Public Parking and Other Public Areas (the "Public Parking Restrictive Covenant" and the "Public Plaza and Walk'ways Restrictive Covenants") as hereinafter provided. The Restrictive Covenants are attached hereto as Exhibits D and E respectively. 5581 13.1 Public Parking Restrictive Covenants. The Public Parking Restrictive Covenants shall include the following terms: 13.1.1 The garage shall contain 167 "first come-first served" parking spaces open to the general public as shown on the Site Plan. At such time as Developer has finalized its plans for the parking garage, Developer shall provide the CRA with a drawing showing the location of the Public Parking Spaces, which drawing shall be attached to and incorporated into this Agreement as a supplement to Exhibit "C". i3.1.2 Signage for such parking shall meet the requirements of the City code, and shall be located prominently on the exterior and interior of the parking garage to identify the Public Parking and shall at all times during the th/my (30) year term of the covenant be maintained as such. 13.1.3 The Public Parking shall be free to the public during the 10 year period that the Project receives the Direct Incentive under this Agreement, and after such 10 year period the Developer shall have the right to charge such fees as will allow the Developer to recover all its direct operating expenses for the spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. 13.1.4 The Developer shall have the right to control pubhc access or otherwise secure the garage between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 13.1.5 The Public Parking Restrictive Covenants shall continue for the th/rty (30) year term notwithstanding the foreclosure of the Project by the lender owning a mortgage encumbering the Property. The Public Parking Covenants shall be filed with the Property Owners Association and shall remain in effect for the life of the Property Owners Association. 13.1.6 The Parking Restrictive Covenant shall be superior to ali liens and encumbrances including, without limitation, any mortgages, on the Property and shall be recorded in the Pubhc Records of Palm Beach County, Florida. 13.1.7 In the event that, prior to commencing funding by the CRA under this Agreement or under the companion Advance Funding Agreement, the CRA terminates this Agreement for any reason other than a failure of the Developer to materially comply with the terms (~f this Restrictive Covenant, then this Restrictive Covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. 13.2 Pubhc Plaza and Walkways Restrictive Covenants. The Public Plaza and Walkways Restrictive Covenants shall contain the following terms: i3.2.1 The public plaza and public walk'ways as shown on Exhibit C shall be accessible to the general public as provided in this section. 5582 5 13.2.2 The Developer shall have the right to control pubhc access or otherwise secure the Public Plaza and Walkways between the hours of 12:30 am and 6:30 am, and shall have the right to adopt reasonable rules and regulations for the operation and security of such areas. 13.2.3 The Public Plaza and Walkways Restrictive Covenants shall continue for the th/try(30) year term notwithstanding the foreclosure of the Project by the lender owning a mortgage encumbering the Property. The PubLic Plaza and Walkways Covenants shall be filed with the Property Owners Association and shall remain in effect for the life of the Property Owners Association. 13.2.4 The Public Plaza and Walkways Restrictive Covenant shall be superior to all liens and encumbrances including, without limitation, any mortgages, on the Property and shall be recorded in the Public Records of Palm Beach County, Florida. 13.2.5 In the event that, prior to commencing funding by the CRA under this Agreement or under the companion Advance Funding Agreement, the CRA terminates this Agreement for any reason other than a failure of the Developer to materially comply with the terms of this Restrictive Covenant, then this Restrictive Covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such term/nation has taken place. Section 14. Events of Default. In the event of any default under this Agreement between the CRA and Developer or under the Restrictive Covenants, the defaulting party, upon written notice from the other, shall proceed immediately to cure the default and shall cure the default within 60 days after receipt of the Default Notice. If at the end of such 60 day .period the defaulting party is proceeding diligently to cure the default, the cure period shall be automatically extended for an additional 60 days. If the defaulting party fails to cure such default within the Cure Period the parties shall have all available legal remedies. 14.1 Unavoidable Delay. In the event of delay in performance of either party hereto under this agreement due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of government (including, but not limited to, delays in issuing permits or other approvals required for construction), acts of the other party, fires, floods, strikes, freight embargoes, unusually severe weather, or delays of subcontractors due to such causes, the time for performance of such obligations shall be extended for the period of the enforced delay, provided the party seeking the benefit of the provisions of this paragraph shall, within 30 days after the beginning of any such enforced delay, have notified the other party in writing of the causes and requested such extension. 14.2 Enforcement of Performance, Damages, and Termination. If an event of Default occurs, the non-defaulting party may elect to do any or all of the following: (i) enforce performance or observance by the defaulting party of the applicable provisions of this Agreement or (ii) terminate this Agreement and the non-defaulting party's obLigations under this Agreement; provided, however, that once the Project is Substantially Completed the Project Increment Revenues can only be discontinued upon a failure of the Developer to substantially comply with the terms of the Restrictive Covenant. 5583 6 14.3 Strict Performance, No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any fight or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amount due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. Ail the terms, provisions, and conditions of this Agreement and the Restrictive Covenants shall inure to the benefit of and be enforceable by the Parties hereto, and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the Restrictive Covenants. 14.4 Remedies Under Banlm~ptc¥ and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is .commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. Section 15. No Brokers. CRA and Developer each represent to the to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. Section 16. Notices and Other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any Recognized Mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project , each such notice, demand request, consent, approval or other communication (referred to in this Section 16 as a "Notice") shall be in wr/ting (whether or no so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered Un/ted States Mall, postage prepaid, · 5584 return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national comer service, addressed as follows: If to Developer: Boynton Ventures I, LLC 303 Banyan Blvd. Suite 403 West Palm Beach, FL 33401 With copies to: Gregory E. Young, Esq. Edwards & Angell, LLP One North Clematis Street Suite 400 West Palm Beach, FL 33401 and Patrick N. Brown, Esq. 821 Flamingo Drive West Palm Beach, FI 33401 ff to CRA Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Lindsey A. Payne, Esq. Goren Cherof Doody & Erzol, PA 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 16.1 Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 16.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefor or on the date delivery thereof is refused by the recipient thereof. Section 17. Amendments and Waivers. The Agreement may not be amended~ modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the parties hereto. Section 18. Assignment. Prior to Substantial Completion of the Project, Developer shall not transfer or assign its interest in this Agreement to any other person or entity without the prior written consent of the CRA; provided, however that prior to Substantial Completion this Agreement may be transferred without consent to any successor entity in wkich Boynton Ventures I, LLC owns or controls 5% of such entity. After Substantial Completion this Agreement may be transferred by 5585 the Developer without restriction. Provided, however, that any assignee hereunder shall assume all of the obligations of the Developer under this Agreement. Section 19. Successors and Assigns. The agreements, terms, covenants, and cond/tions herein shall be binding upon and inure to the benefit of the CRA and the Developer, and, except as otherwise provided herein, their respective successors and permitted assigns. Section 20. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to 'execute th/s Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Section 21. Insurance. Ali parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. Section 22. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. Section 23. Headings. Headings herein are for convenience of reference only and shall not be considered on' any interpretation of this Agreement. Sect/on 24. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section25. Governing Law and Venue. This Agreement and the Restrictive Covenants shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. Section 26. Authority to Execute. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA or the Developer (or in any representative capacity), as applicable has full right and lawful authority to execute this Agreement. Section 27. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement, the Advance Funding Agreement and the Direct Incentive Program, the following shall be the order of priority for interpretation: (a) This Agreement (b) The Advance Funding Agreement (c) The Direct Incentive Program dated January 22, 2003. 5586 Section 28. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. es (witness) · SS: BO~/"I LLC By: Name BOYNTON/BEACH COMMUNITY REDEV~,I~PMENT AGENCY Chairman BEFORE lvlE, an officer duly authorized by law to administer oaths and take acknowledgn~ents, personally appeared ~e.¢'/,o £a~l.~ as (De.~--~ of B OYNTON VENTURES I, LLC and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYN'TON VENTURES I, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON VENTURES 5587 10 I; LLC. ~.he is personally known to me or has produced as identifi~tion. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this !~ day of ik%/04'~ ~i~ 2003. My Commission Expires: STATE OF ~--'}cPfl..[ c~cc · ' SS: COUNTY OF .~c~ln'l ~g. OC-Jc, · Notary ?~bli¢, State of ~orida at L~ge BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared (_or'c,4 ~io~et.~t'e/i~ as Chairman of and ! acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY for the use and purposes mentioned herein and that the instmment,j~the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. H~_.she is personally known to me or has produced as ~'Fffgntification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ! q ~day of pOo~'e~ [3 ~-~ 2003. My Commission Expires: Notary Public, State of Florida at Large Final October 30, 2003A 5588 11 Memo To: From: Date: Re: CRA Board Susan Vielhauer June 18, 2004 Consideration of Development Regions Grant Six Month Extension for Yellow Beard Inc. D/B/A Boynton Seafood According to the Development Regions Grant Program, the applicant must request a six-month extension if they will not be completed within the grant period of eighteen months. This grant extension request must be approved by the CRA Board and then the request is sent to Palm Beach County Economic Board for approval. If both agencies grant the extension request, the six-month period shall begin on December 14, 2004, which is the official date the contract ends. Quincy Johnson Associates Architects, who is the lead Architect on this project, has been working with Yellow Beard, Inc. from the beginning of the project and is submitting the attached letter to explain the progress to date on the project as well as the problems, which have set the project behind. Briefly, due to the expansion of the original design of the project, an isSue of alley abandonment for the expansion and a turnover of management, the project is behind schedule and will not be completed by December 14, 2004. Staff is bringing forth this recommendation for the approval of the Development Regions Grant of $10,000 six month extension, which shall begin on December 14, 2004 and end June 15, 2005, in order for Yellow Beard, Inc. to complete the requirements of the Development Regions Grant. 5589 Mr. Doug Hutchinson, CRA Director And CRA Board Members 1022 N. Federal Highway Boyaton Beach, FL 33435 Re: Boynton Seafood Expansion · Project Schedule and Progress Dear Doug and Board Members: The purpose of this letter is to update you on the progre, ss of the Boynton Seafood Expansion project. Our progr~s to date has been: 1. the application for and award of a grant for job creation which will be facilitated in the building expansion. 2. Successful pre-application meetings with the plarming department and CRA director. 3. Our original designs wer~ adj .u.~ due to an operational change. 4. An alley abandonment was required to accommodate the expansion. This application has been-made and is due to be considered by the CRA board in Suly. 5. A six month extension of thc grant application will be necessary, and construction will need to bc complete by Sune 14, 2005. We are pre.senfly holding meetings ut tho present time with the Owners to further develop the plans for the interior. We will bring a comprehensive design package before the board within the next sixty days. It is the intention of the owner to proceed with the approval process and begin co--on following approvals being grantexL Please contact us with any questions you may have. Sincerely, QUINCY JOHNSON ASSOCIATES ARCHITECTS S~eve Myott, Architect Principal 559O Memo To: From: Date: Re: CRA Board Susan Vielhauer June 18, 2004 Consideration of Facade Grant Extension for Fred and Joe's Automotive According to the Facade Grant Program, the applicant must request a six-month extension if they will not be completed within the grant period of six months. Due to the delay of the SBA Loan for Fred and Joe's Automotive, the bids became null and void due to the length on time. At this time, the application is seeking new bids for the project and will move forward. They have completed new landscaping on the east and west ends of the property as well as planters between the bay doors. Staff is recommending the approval of the extension in order for Fred to complete the requirements of the Facade Grant. 5591 D/B/A V&C TIRE AND AUTO CENTER, INC. FRED & JOE'S AUTOEDGE - Phone: 561-732-4102 Fax: 561-732-4410 Email: fredjoes~bellsouth.net 311 East Boynton Beach Blvd. Boynton Beach, Fl 33435 June 21, 2004 Community Redevelopment Agency 639 East Ocean Avenue Boynton Beach, Florida 33435 Dear Mr. Hutchin.~on and Board Members: Due to unforeseen factors, we have been unable t~o commence our remodeling project and ask the Board to again please grant a six-mOnth extension. The delay results from our securing bona fide bids. We are working with ]our Contractor and expect the problem to be resolved shortly. ~ We thank the Board and its members for their patience and considerations. We are Most Anxious to get this project underway and like the Board are frustrated with the delays. We expect to pull the permits shortly and will a~lvise you when this process is begun. Again, thank you'for your patience. It will be exciting to'see the r~z~6vations begin. Sincerely, Fred Violette President 5592 Memo To: From: Subject: Date: CRA Board Annette Gray Business Development Fair, September 16, 2004 July 13, 2004 The next step in rolling out the "Business Genesis Program" is the Business Participant announcement. To further help Boynton's small businesses, the CRA proposes to create a Business Development Fair. The Fair location is currently proposed to be in the City Library's Program Room. Each participant will be provided with tables on which they can display their business's promotional materials. Because the event is being held during the dinner hours, a light buffet will be made available. The purpose of the Fair is to provide an interactive forum for exchange between existing/potential CRA developers and local business owners. Attendees will get the opportunity to meet the developers and discuss the potential of their business becoming a part of new development projects. Developers will have the opportunity to get to know local businesses interested in the redevelopment area. The Business Genesis Program and Incentive Grant Program information will be presented to better brief both groups (Businesses and Developers). The twelve successful business candidates for the Business Genesis Pr(~gram will be announced at this event. The Business Development Fair is proposed for September 16th, 2004 at the Boynton Beach City Library from 5:00 pm to 8:00 pm. 5593 Included in your backup documentation, is a copy of the letter and a very informative brochure that will be sent out to the businesses within the CRA boundaries and to the developers that are a part of the CRA's database. Proposed Budget Name Tags (1 box of 100) $ 15 Mailings (227@ .37) $ 84 Brochures (3 packs@ 100 each) $ 27 Tent Cards (1 box of 100) $ 20 Catering $500 Total $646 5594 Boynton Beach CRA 639 East Ocean Ave Suite 107 Boynton Beach, FI 33435 June 21, 2004 Dear Business Owner/Developer: In November 2003, we gathered to discuss the future of Boynton Beach, the redevelopment plans of the area, the retail and service industry and your part as a business in the Boynton Beach of the Future. Many of you have heard of the Business Genesis Program; a program designed to assist small businesses in Boynton Beach. We are pleased to announce that on March 9"~ the CRA Board unanimously passed the program. We would like to invite you to come together again as a participant in a "Development Fair". The "Development Fair" will be held on September 16, 2004 from 5:00 p.m. to 8:00 p.m. at the Boynton Beach City Library, located at 208 South Seacrest Boulevard in Boynton Beach. The "Development Fair" will be designed as an interactive exchange between existing/potential CRA Developers and local business owners. Local business owners will get the opportunity to meet the developers and discuss the potential of their business becoming a part of new development projects. Developers will have the opportunity to get to know local businesses interested in the redevelopment area. The Business Genesis Program and Incentive Grant Program will be presented to better bdef both groups (Businesses and Developers) as to its benefits. A display table, two folding chairs along with name tags will be provided. Each vendor is responsible for and encouraged to bring with them any promotional or additional materials they may need to promote their business. The twelve successful business candidates for the Business Genesis Program will be announced at this event. This is your opportunity to identify your business's foot hold in the renewed Boynton Beach CRA Area. I have enclosed a very informative color brochure for your convenience. Please feel free to contact my office for further information at 561-737-3256. Sincerely, Annette Gray Administrative Assistant 5595 Z 0 u Memo To: From: Subject: Date: CRA Board Douglas Hutchinson "State-of-the-C RA"/Recognition Event July 13, 2004 In an effort to expand CRA information dissemination, increase recognition of those who have been instrumental to the advancement of the CRA, Staff is proposing an event that will update/report on the "State-of-the-CRA" and recognize those who have been instrumental to the advancement of the CRA. The event will be a ceremony that recognizes individuals and projects in the areas of Fac,,ade Improvement, Quality Development, Small Business Recognition, Sponsorship Partners, Volunteer efforts and Past Board Member Service. In addition, the event will be used as an opportunity to present the current status and goals of the CRA for the next year. Barbara Wold, an International guest speaker, strategist and author, is proposed to be the key note speaker for the event. Barbara specializes in emerging lifestyle customer needs and retail market trends. Barbara has been instrumental in helping city planners, business owners and organizations to understand emerging marketing trends and how to best position themselves to be successful in their new markets. The "State-of-the-CRA"/Recognition Ceremony is proposed for the month of September. A copy of the proposed budget has been submitted as part of the backup documentation. A $45 admittance fee, which includes dinner, will be charged to assist in off-setting the overhead. 5598 "State-of-the-CRA" Recognition Program The awards program acknowledges individuals and Projects, which have gone above and beyond and made consistent and significant contributions to assist with the fulfillment of the goals set forth by the CRA for its Community. Eligible projects are those that were approved by the Board dudng the 2002~2003 fiscal year. Individual awards are also awarded based on volunteer services provided during the 2002~2003 fiscal year. Awards will be given in seven categories: Fagade Improvement Project Best New Project Business of the Year Sponsor of the Year Non Profit GroUp of the Year Volunteer of the Year Past Board Members Award BUDGET "State-of. the-CRA" & Awards Program Expenses Estimated attendance 200 Entertainment Speaker Catedng (menu @ $25.00 per person) Promotions/Invitations etc. Award Plaques (9 @ $50) Mailings Total $ 500 $3,0OO $3,6OO $ 5OO $ 5OO $ 100 $8,200 Revenue Ticket Sales $45.00 per person @ 150 = $6,750 **** 50 seats will be complimentary to award winners and dignitaries 5599 "State-of-the-CRA" Recognition Program LOCATION: Benvenuto Restaurant DATE: September 2, 2004 TIME: 6:30 PM CATEGORIES FACADE IMPROVEMENT PROJECT DEVELOPMENT PROJECT BUSINESS OF THE YEAR SPONSOR OF THE YEAR NON PROFIT GROUP OF THE YEAR VOLUNTEER OF THE YEAR BOARD MEMBER SERVICE AWARD 56O0 GUEST SPEAKER Barbara Wold tntemational Speaker, Author and Business Strategist Retail & Consumer Guru Keynote Presentations -- Seminars and Workshops - Retreats Retail Spdng Training & Retail Summer Camp Merchant Retention and Revitalization PROPOSAL FOR: Boynton Beach CRA, FL Service: Keynote Presentation -- CRA State of Affairs and Recognition Banquet A fun and interactive program packed with fresh and easily applicable ideas to put into action immediately. Information to help the community merchants create additional and repeat business. Sample Title: Consumer Lifestyles and Their Effect on Spending The future of retail will be influenced by lifestyle trends, customer needs and their effect on spending. Trend and consumer awareness are invaluable, teaching us to capitalize on the newest trends and services to be successful. The retail industry needs to chart the future's impact on their business and ways in which emerging marketing techniques can revive it. o Today's lifestyle trends o How and why consumer lifestyles are changing o The effects lifestyles have on spending patterns o How to position and market a business in today's retail environment o How to keep up with the ever-changing times o Ways to learn from your customers The awareness of trends comes from looking at all the possibilities, taking chances and taking charge of the future.., now/. Note: This is a sample program - all programs are "custom-created and designed" around your community's needs. Includes: Masters to an information-packed handout A give-away copy of THE YEARBOOK, Barbara Wold's award-winning retail planning guide Investment: (Discounted CRA rate) Keynote Presentation $ 2000. Above Fee Does Not Include: Airfare (Pro-rated between clients) Hotel, Meals & Gratuities, Ground transportation P.O. Box 5755, Balboa Island, Califomia USA 949.675.8845 fax 949.675.7732 bwold(~,ix, netco m. corn "Helping Organizations Find and Keep Top Performers Who Make Their Customers Feel Good About Spending Their Money" 5601 please insert attached into Board Packet Page 5602 Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Consideration of Property Acquisition Contracts in HOB Phase I Project Area July 1, 2004 Staff has received the attached documentation from the Urban Group regarding the Acquisition and Relocation Cost Summary for Parcel 120. 5602 Please insert this in your CRA Board package for Tuesday July 13, 2004 at NEW BUSINESS: J. Consideration of Property Acquisition contract in HOB phase I Project Area 5602~ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMY, NT FOR PIIR~HA~E AND ,qAI~E OF REAI~ PROPERTY This Agreement for Pur%h~, and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the,~_'I~d~aay of e~7~ > 2004, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Buyer") and lohn Dimke (hereinafter referred as "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definifian.q. The following terms when used in this Agreement shall have the following meanings: 1.1 l:iuyer. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and public, created pursuant to Chapter 163 of the Florida Statutes. 1.2 Fluver's Agent. THE URBAN GROUP, INC., a Florida Corporation authorized to negotiate this Agreement and make deposits on behalf of the Buyer 1.3 C, lming. The delivery of the Deeds to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.4 C, lo,qirtg Date. The date of the Closing as determined in accordance with Paragraph 10 below. 1.5 Deed. One (1) Statutory General Warranty Deed which shall convey the Property from Seller to Buyer. 1.6 Effective Date. The date that this Agreement is executed by the last party to sign it, party for purposes 0f this section only are Seller and Buyer's Agent. 1.7 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.8 Governmental Requirement. Any law, enactment, statute, code, ordinance, role, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued apphcable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.9 Property. That certain real property located in the City of Boynton Beach, Palm Beach County, Flofida, and more particularly described as parcel on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property fights, easements, privileges and appurtenances thereto. 1.10 Purch~.qe Price. The price the Buyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.11 Seller. For purposes of this Agreement, the Seller of the Property. 1.12 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and recording (if applicable) of other closing documents. 1.13 ~. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted Exceptions. 2.0 Deposit and Right to Close. 2.1 For good and valuable consideration of the deposit set forth below paid by Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts from Seller the fight to purchase and-acquire the Property fi:om Seller on the terms and conditions hereinafter set forth such that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall place a non- refundable deposit of Ten Dollars ($ 10_00 ) with Buyer's Agent who shall tender said amount to Seller on the date this Agreement is effective. This deposit and any deposit held pursuant to Section 2.3 shall be subtracted fi:om the total purchase price. 2.2 Buyer shall be obhgated to give Seller notice within 45 days of the Effective Date, that Buyer has elected to close in accordance with this Agreement. Whereupon, Seller shall be obligated to provide to Buyer all prior title policies and surveys in its possession pertaining to the subject real property. 2.3 N/A Upon exercise of the right to close, Buyer shall place a second deposit of Dollars ($ N/A ) with Buyer's Agent. 2.4 If Buyer does not exercise this right to close within the period stated above in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without notice and the parties shall automatically be released fi:om further liability hereunder. In the event Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2.1 as the sole and exclusive remedy for failure of Buyer to close. 3.0 Eumha,se.~Sr~. The total Purchase Price for the Property to be purchased by the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum of EiE~; Sc~vcn T~c,n.~r, nd' DOLLARS ,~'8~q~qt~). The purchase shall be contingent upon thef~/l~_wmg,,~.fl ' ~ ,_,~,- , ~o 2 3.1 Buyer's receipt of an appraisal for the Property reflecting that the property has a fair market value equal to or exceeding the purchase price unless purchase is otherwise approved by the CRA Board. or before 3.2 Approval of the Agreement and right to close by the Buyer, CRA Board, on Au~mt 28 ,2004. 3.3 The Buyer's obhgation to close on the Property is contingent on Buyer acquiring the parcel for 3.4 Buyer's obligation to consummate the transaction referenced herein is contingent on the Seller conveying the real property free and clear of all liens, leases, claims and interest of third parties. 4.0 Inspections. Buyer shall have until the "closing date", to make any inspections it deems necessary. (the "Inspection Period"). During the Inspection Period, Buyer may determine that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of the property. Seller consents to all sampling that may be required to complete the asbestos survey. In the event that the Phase I Environmental Audit reveals the existence or the potential existence of contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by applicable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of obtaining a Phase II Audit of the property. In the event that any inspections and any review of documents conducted by the Buyer relative to the Property during the period prior to the Closing Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to terminate this Agreement by providing written notice to Seller and receive an immediate refund of any deposits made pursuant to Paragraph 2.3 only plus interest paid hereto or proceed to closing as set forth. 5.0 Evidence of Title_ 5.1 Delivery. of Title Commitment, Within twenty (20) calendar days of the Buyer's BBCRA Board approval of the right to purchase, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three (3) days of receipt of the title commitment. 5.2 Marketable Title. Seller shall convey marketable title to the Property, subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine same. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of any specific title defects. If Seller has not received written notice from Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the title defects shall include a statement of how the defects should be cured. If said defects render title unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days fi:om receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $2,ODO.~ or initiate htigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in removing such defects within said time, Buyer shall have the option of either accepting the title in its ex/sting condition without a reduction of the Purchase Price, or of terminating this Agreement by sending written notice of termination to Seller within ten (10) days after being notified by Seller that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement, neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent efforts to correct all defects in title, within the time provided therefore, and subject to the limitations stated above. 6.0 Fammy. Prior to the Closing Date, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney no later than the twenty (20) days prior to Closing Date. 7.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7.1 Seller's Author/ry,. Seller has legal right and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 7.2 ~. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 7.3 IImDefa~. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 7.4 Title. Seller is the owner of marketable title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and encumbrances of records which will be paid at Closing. 4 7.5 I,itigation, There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 7.6 Parties in Po.qses,qion. There are no parties other than Seller in possession of any portion of the Property as a lessee with the exception of_Pamela & Tevin Williarn~q, tenant at sufferance, or trespasser, hereinabove set forth in connection with the current use of the Property. Seller may allow use by others during term of this Agreement, but Property shall be vacant at time of closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this Agreement shall be terminated by providing lawful notice to the tenants and obtaining the possession of the property. 7.7 Buyer's Remedies for Seller's Misrepresentafion~q, In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not true any time prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereof to Seller, in which event the parties will be reheved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 8.0 Fluver's Representations. The Buyer hereby represents and warrants to the Seller as of the Closing Date that Buyer has full and complete authority subject to laws applicable to Buyer, to purchase the Property and to comply with the terms of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 9.0 Condifion~q Precedent tn Closing, Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within sa/d 1 O-day period, Buyer shall have the right to either (a) terminate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition and close. 9.1 Repre.qentations. The material representations and warranties made by Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day extension provided in Paragraph 9 above. 9.2 Seller'.q Obligations. Seller shall have performed all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. 9,3 The Property shall be free and clear of any persons, tenants, personal property of any kind or related appurtenances on the Closing Date. In the event Seller is unable to satisfy this representation, the Buyer shall have the option to extend the closing for th/rty (30) days to insure that the Property is vacant. 9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all documents which Seller may have in its possession pertaining to the Property including, but not limited to, building plans, architectural plans, building permits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance policies, title commitments, and title exceptions pertaining thereto. 9.5 Seller has no actual knowledge nor has it received any written notice that there has been any discharge of hazardous material at the Property. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). Seller acknowledges that Buyer must rely on its Environmental reports and assessments as Seller is not aware of Property's environmental condition other than as stated above. 9.6 Seller shall continue to possess the property until closing and shall maintain the same in its present condition, reasonable wear from ordinary use excepted. Risk of loss from fire, casualty, or other liabilities not caused by the Buyer's gross negligence or intentional acts, shall be Seller's until closing. Seller shall maintain adequate insurance against loss, including extended coverage, during such period. If the property is damaged by fire or other casualty to closing, Buyer shall have the right to take the property "as is" together with insurance proceeds, if any, or receive a reduction in the purchase price of the property in an amount equal to the loss. The parties shall agree to the reduction, if any, but if the parties cannot agree upon the amount of loss, an independent appraiser/adjuster shall be selected whose determination shall be binding. The cost of the appraiser/adjuster shall be borne equally by the parties hereto. 10.0 Cla.qing. The Closing shall occur at a mutually agreed time on or before thirty (30) days from the date this Agreement is approved by the CRA Board and shall take place at a mutually agreed upon location. 6 11.0 Seller's Clo,qing Documents. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 11.1 General Warranty Deed. The Statutory General Warranty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title, other than the Permitted Exceptions and exceptions not duly objected to by Buyer. 11.2 Mechanic'~q l,ien Affidavit. A mechanic's lien affidavit in the customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a promissory interest or claim in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 11.3 ~. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title .Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policyl 11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 -DRE?A_9.. A DR-219 Form as required for recording. 12.0 Fluyer'.q Clo,qing Documentq. At closing, documents (Buyer's Closing Documents) to Seller; Buyer shall deliver the following property. 12.1 Approval, Written documentation of Buyer's authority to purchase the 13.0 Closing Procedure. The Closing shall proceed in the following manner: 13.1 Tran~qfer of Fund.q, Buyer shall pay the Purchase Price to the Seller by transfer of funds to the account designated by Seller. the Buyer. 13.2 Delivery, of Doeume~tq. Seller shall deliver Seller's Closing Documents to 14.0 Closing Casts; Taxes: Prorafon,q and Impact Fees. 14.1 Ad Valnrern Taxe.q. Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 14.2 the time of Closing: 14.3 the time of Closing: ,qeller'.q Clo.qing Costa. Seller shall pay for the following items prior to or at Cost of providing marketable title as provided herein; Fluyer'.q Closing Costs. Buyer shall pay for the following items prior to or at Recording of Deed; title insurance premium, survey costs, appraisal costs, Phase I, Phase II (If applicable), Environmental Assessment Report costs and related expenses. 15.0 Po.q~qe~.qion. Buyer shall be granted full possession of the Property at Closing. 16.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be feleased of all further responsibility and obhgations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released fi:om their respective obligations and liabihties hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 17.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recogrfized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been dehvered on the date of receipt of such notice, if hand-dehvered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. AGENT FOR BUYER: THE URBAN GROUP, INC. 1424 S. Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 As authorized agent for the BBCRA SELLER: John Dimke 209 SE 3~ Street Boynton Beach, Florida 33435 18.0 Default If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In the event of a default by Seller, the Buyer shall have all remedies available to it which shall include the return of the earnest money and accrued interest as liquidated damages and/or equitable relief such as specific performance. The Buyer should be entitled to eql,fitable relief to enforce the terms and conditions of this agreement either through a decree for specific performance or injunctive relief. 19.0 19.1 Ccmnterparts. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 19.2 Amendment, No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 19.3 Attc~rney,q' Fee.q, If any party obtains a judgment against any other party by reason of breach of this Agreement, attomeys' fees and costs shall be included in such judgment. 19.4 Governing T,aw and Venue, This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial and venue shall be in Palm Beach County, Florida. 19.5 Entire A~eement. This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 Cnmputahop of Date.q, If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the fn'st business day following said legal holiday or non-business day or non-banking day. 9 19.7 No Recording, This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 19.8 Nc) Brokers, Seller and Buyer each represent to the other that it has not dealt w/th any commissioned broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indemnify and hold each other harmless from and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 19.9 Accentanee of Deed. The acceptance of the Deed by Buyer shall be deemed full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 19.10 Interpretation, Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or constnfing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 19.11 Caption~% Heading,% F, tc. Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 19.12 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 19.13 Nc) Third Party Flenefici~rv. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any th/rd party, and this Agreement shall not be deemed to have conferred any fights, express or implied, upon any third party. t9.14 RADON GA,q: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 10 IN WITNESS indicated below. WHEREOF, the parties have BUYER: WITNESSES: (Print Name) executed this Agreement as of the date THE URBAN GROUP, INC. as agent for BBCRA ~' Barbara Matlack - - -- Date Executed: ~ ~o 2.ot~- WITNESSES: (P.r{nt Name) (Print Name) SELLER: BY: ~ Date Executed: ~o ~oo WITNESSES: BUYER: APPROVED BY CRA BOARD (Print Name) (Print Name) By: Chak Date Executed: \UGCDE_FSkLIB RAKYk1998\980465'~AGMTLPurchaseAndSaleRealProp.doc 11 EXHI]3IT "A" I,~GAI, DE,~CRIPTION Palm Beach Country Club Estates, Lot 6, Block 4, according to the plat thereof, as recorded in the Official Record Book 16240, at page 831 of the Public Records of Palm Beach County, Florida, Situate, lying and being in Palm Beach County, Florida. Folio: 08-43-45-21 - 10-004-0060 12 3une 30, 2004 OFFER OF 3UST COMPENSATION Mr..lohn Dimke 209 SE 3rd Streey Boynton Beach, FL 33435 Dear Mr. Dimke: The purpose of this letter is to make you an offer of just compensation for your property located at 123 NE 9th Avenue, Boynton Beach, Florida 33435 Hr. D. Craig Keneipp, Certified Generaal Appraiser, on behalf of the Boynton Beach Community Redevelopment Agency~ has established the amount of just compensation for your property at $87,000. This amount is based on the fair market value established by an appraisal and approved by a review appraiser. The Boynton Beach Community Redevelopment Agency proposes to purchase your property for the established fair market value stated above. Attached you will find a. Summary Statement of Basis for the Determination of 3ust Compensation. ~[f you have any questions aboUt this matter, please do not hesitate to call me at {954) 522- 6226, ext. 116 or our toll free number (888) 522-6226, ext. 116. ]: look forward to hearing from you soon. Sincerely, Accompanying Attachments · Establishment of.lust Compensation · THE URBAN GROUP~ INC. Agents for Boynton Beach CRA ~ Barbara Matlack Senior Realty Specialist Summary Statement of Offer of Just Compensation Real Estate Agency Disclosure BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ESTABLISHMENT OF 3UST COMPENSATION PROPER TY L OCA TED A T 123 NE 9th Avenue Boynton Beach, Florida, 33435 An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the property identified above to be $87,000. A review of this appraisal has been made by Mendel R. Westberry, MAi;, the review appraiser, who has approved the fair market value established by the appraisal. Based on a review of the appraisal documents, and the review appraiser's approval of the appraisal documents and the estimate of fair market value established by the appraisal, :[, D. Craig Keneipp, on behalf of the Boynton Beach Community Redevelopment Agency, hereby established the just compensation 'for the property identified above to be $87,000. The Agency believes this amount to be the fair market value for the identified interest, and for the improvements (if any) identified. This just compensation amount does not include any consideration of decrease or increase in value attributable to the project 'for which it is being acquired. Relocation payments, if applicable, are not a part of this establishment of just compensation. De'veXed By Date Receipt Acknowledged By Date BOYNTON E~EACH COMMUNt'TY REDEVELOPMENT AGENCY Mr..John Dimke :L23 NE 9r" Avenue Boynton Beach, FL 33435 SUMMARY STATEMENT OF OFFER OF 3UST COMPENSATION PRO.1ECT NAME: HEART OF BOYNTON PARCEL NO.: 120 Dear Mr. Dimke: As you are probably aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring private property for the above referenced project. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of Palm Beach County has been made and it was determined that property, as described in the legal description attached in "Exhibit A" is owned by you. The interest being acquired in your property is a Fee Simple In addition, the following list will identify the buildings, structures, fixtures, and other which are considered to be part of the real property acquired, if any: Tmproved, 2 bedroom, one bath Single Family Residence The CRA does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal effects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that this becomes necessary, the following list will identify those items of personal property being acquired. N/A You are further advised that the Agency's offer of just compensation for the property required for the Heart of Boynton project is based on the Fair Market Value of the property and that the CRA's offer to you is not less than the approved appraised value of the property. The following represents a summary of the Boynton Beach CRA's offer to you and the basis therefore: Land Improvements $ Real Estate Damages $ Total $ This statement of offer is not a contract if you contract to sell. Any additional information Representative that contacted you. Tf the representative is not readily available, please contact: The Urban Group Inc., 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316 (888) 522-6226, ext. 116 or 110 Dei~erec~ By ~ ..... ~.ceipt Acknowledged By '~ 87,000. N/A 87,000. agree to accept this offer, you will be required to sign a you may require can be obtained through the CRA's Sincerely, THE URBAN GROUP~ INC. Agents for Boynton Beach CRA E~rbara r~atlack Date Date BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NO BROKERAGE RELATTONSHI'P DI'SCLOSURE FLOR1'DA LAW REQUI'RES THAT REAL ESTATE LICENSEES PROVZDE THZS NOTICE TO POTENTI'AL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation. NO BROKERAGE RELAT'rONSH1'P NOT]:CE FLOR[DA LAW REQU'rRES THAT REAL ESTATE LfCENSEES WHO HAVE NO BROKERAGE RELAT]:ONSH1'P W'rTH A POTENTTAL SELLER OR BUYER D'rSCLOSE THEIR DUTI'ES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, THE URBAN GROUP, TNC. and its associates owe to you the following duties: 1, Dealing honestly and fairly; 2. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer. 3. Accounting for all funds entrusted to the licensee. Date The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com John Dimke 209 Southeast 3rd Street Boynton Beach, Florida 33435 NOTICE OF ELIGIBILITY NONRESIDENTIAL/SIGNS PRO]ECl- NAME: HEART OF BOYNTON PARCEL NO.: 120.001o Dear Mr. Dimke: As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring right of way for the above-referenced project in your area. ]:t has been determined that either you or your personal property will be required to move from real property which is needed for the construction of this facility, Since your business and/or your personal property (including on-premise signs) will be displaced from the property being acquired, this notice is provided to advise you of your eligibility for services and payments under the Relocation Assistance program. All displaced persons are eligible for advisory services from the CRA to assist in their relocation. Depending on the acquisition of the real property owned or occupied by you or your business you may receive additional benefits. ]:t has been determined that your business will need to relocate from the property to be acquired. You are eligible to receive reimbursement for the actual, reasonable, and necessary costS to move your business to a replacement site. Tn addition to the reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site, your small business may be eligible to receive a payment, not exceed $:10,000, for expenses actually incurred in reestablishing such small business at a replacement site. It is the sincere desire of the CRA to assist you in your relocation. Your Relocation Specialist will be available to answer any questions you might have regarding your move and to discuss various move cost reimbursement options with you. He or she will also assist you at any time in completing the required forms and gathering the required information. · NOTE: This letter should no__~t be construed as a notice to vacate! You will be given adequate notice in this respect at a future date. If you have any questions contact our Relocation Assistance Office located at: :1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 333:16. Sincerely, THE URBAN GROUP, INC. Agents for Boynton Beach CRA Receipt Acknowledged By Date Diane Mason, Relocation Services (i) BBCRA-R-07 TUG 06/04 Original to Property Owner/Tenant Copy to CRA Office i~OYNTON BEACH COMMUNI:TY REDEVELOPMENT AGENCY John Dimke 209 Southeast 3rd Street Boynton Beach, Florida 33435 Date: 3une 30, 2004 In reply refer to: Project Description: Relocation Parcel No.: ]:nitiation of Negotiations: Heart of Boynton 120.001o 3une 30, 2004 90-DAY LETTER OF ASSURANCE Dear Mr. Dimke: As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring real estate for the above-referenced project in your area. It has been determined that you, your family, your business or farm operation, or personal property you may own will need to be relocated from this real property which is needed for the community redevelopment effort. To ensure that you receive adequate time to relocate, the Boynton Beach Community Redevelopment Agency hereby assures that you will not be required to move from the subject property before at least ninety (90) days have elapsed from the date of receipt of this letter. This assurance applies to you, your family, your business or farm operation, or personal property you may own. Further, you will be given a written notice which will specify the actual date by which the Property must be vacated and surrendered to the Boynton Beach Community Redevelopment Agency. You will receive this latter notice at least thirty (30) days prior to the date specified. It is the sincere desire of the Boynton Beach Community Redevelopment Agency to assist you in your relocation necessitated by this acquisition and to answer any questions you may have. Should you desire further information, our Relocation Assistance Office is located at: 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316. Sincerely, THE URBAN GROUPf ]:NC. ..~. Agent's f.o.r Boynton Beach CRA Diane Mason ~ Project Manager, Relocation Services RECEZPT ACKNOWLEDGED: / ~~i~~~~ DATE: /'~ (1) Original Owner/Tenant (2) Copy to File BI3CP, A-R-01 TUG 06/04 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WESTBERRY & ASSOCIATES, LLC Real Estate Appraisers and Consultants May.26, 2004 Virginia Mammone The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Ft. Lauderdale, FL 33316 Re: Review Appraiser's Statement Heart of Boynton CRA Parcel 120 Dear Ms. Mammone: Pursuant to your Notice to Proceed, dated May 17, 2004, I am submitting a review appraisal of the Florida Coastal Appraisal Services report for the above referenced project and parcel number. Thank you for the opportunity to provide this review appraisal service. Very truly yours, Mendel R. Westberry, MAI State Certified General Real Estate Appraiser #0000331 4675A Anglers Avenue · Fort Lauderdale, Florida 33312 Phone: (954) 985-0999 Fax: (954) 965-0989 REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 120 Identification of Report Under Review The report is a complete appraisal summary report identified as parcel 6-1 of the Wilson Art Center expansion. D. Craig Keneipp of Florida Coastal Appraisal Services prepared the report for the City of Boynton Beach, Florida. I was not provided with a property owner's appraisal report. The property is currently owned by John Dimke, 123 NE 9t" Avenue, BoYnton Beach, FL. The subject property is located on NE 9th Avenue, east of Seacrest Boulevard in the City of Boynton Beach. Date of Value Date of Report Date of Review 5/07/2004 5/07/2004 5/25/2004 Overview of the Subiect Property The subject property is a 5,775 square foot parcel of land which is improved with a single family residence. Constructed in 1954, this residence contains 594 square feet (under air). The residence has two bedrooms and one bathroom. The home is concrete block and stucco with a flat, built up tar and gravel roof. Flooring is terrazzo covered with tile and carpeting. The house has no central air-conditioning. The site is zoned R- 2, Residential Duplex by the City of Boynton Beach and has an underlying land use of Medium Density Residential which is consistent with its zoning. The zoning classification permits a variety of residential uses including single family and multifamily construction. Mr. Keneipp concludes that the subject's highest and best use is single- family residential development. His conclusions are based upon the R-2 zoning of the site as well as the surrounding neighborhood, which is improved largely with single family homes such as the subject. Property Interest Appraised The real property interests appraised are those rights associated with the undivided fee simple (estate) interest. Purpose and Intended Use of the Report Under Review The purpose of the appraisal report is to provide an opinion of market value of the subject property. The intended use of the appraisal is information for the client for the potential purchase of site, possibly through eminent domain. Extent of Review Process I have read the appraisal report and I have inspected the subject property and the comparables. I examined the data and methodology used by the appraiser and made conclusions about the methods used and 2 REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 120 reasonableness of the value estimates. I also reviewed the report for compliance with Uniform Standards of Professional Appraisal Practices (USPAP). Mr. Keneipp's report is judged to be in compliance with USPAP. I did not independently research or verify all data. Completeness of Report Under Review The completeness of the report is considered adequate and sufficient in terms of the requirements of USPAP. Appropriateness of Appraisal Methods and Techniques Used Mr. Keneipp developed both the Sales Comparison and Income Approach to value. These approaches are appropriate methods for estimating the value of the subject property. The subject's neighborhood appears to have an active market. Therefore, Mr. Keneipp had an ample amount of sales data available for the' application of the Sales Comparison Approach. Additionally, many of the comparable sales are tenant occupied.' Rental information was readily available enabling Mr. Keneipp to develop the Income Approach by establishing a Gross Rent Multiplier (GRM). A GRM is developed by dividing the sale price of a home by the annual rental income that the home generates. This multiplier can then be applied to the subject property's actual or market rent. Due to the age of the improvements, the Cost Approach to Value has limited reliability and considered not applicable to this assignment. Land (Sales Comparison Approach) Mr. Keneipp did not develop a Sales Comparison Approach Land for this assignment since improved properties such as the subject are Purchased based upon a "whole to whole" comparison. Cost Approach NA Sales Comparison Approach-Improved Mr. Keneipp used four comparably improved sales. The sale prices of the comparable sales range from $78,000 to $99,500. All the sales are in proximate locations to the subject property. Three of the four comparables have sold within the last 12 months. Note that one of the comparable sales, Comparable M, is the sale of the subject property. This sale, which occurred during November 2003, had a sale price of $85,000, falling within the middle of the range of values established by these comparable sales. The oldest of the comparables, Comparable G, sold in October 2002 but is included in the analysis because it is currently under contract for an estimated $115,000 and expected to close June 2004. REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 120 The subject's lot size is 5,775 square feet, the comparable sale lot sizes range from 3,500 square feet to 7,500 square feet. The subject has no central air-conditioning; only one of the comparable sales has central air- conditioning. The subject has two bedrooms and one and bathroom similar to two of the comparable sales. One comparable sale has three bedrooms and one and one half bathrooms; the fourth comparable has three bedrooms and one bathroom~ Mr. Keneipp reviewed the features of each sale comparing items such as quality of construction, age and condition of improvements, floor plan and lot size. He made these comparisons based upon a "whole by whole" analysis and discussed the comparable sale's inferiority or superiority as compared with the subject property. Mr. Keneipp gave all the sales equal consideration and correlated to a value of $89,000 for the subject property. Income Approach To develop the Income Approach to value for the subject property, Mr. Keneipp used four recent sales of similarly improved residential dwellings which have since been leased to a tenant. One of these sale/lease comparables is the subject property. A GRM for each of these properties was calculated based upon the sale price of the property divided by the annual rental income generated by the property. The range of GRMs was 6.01 to 9.44. After analyzing all of his data, Mr. Keneipp eliminated the oldest of the comparable rentals thereby narrowing the range of GRMs to 8.54 to 9.44. Mr. Keneipp then correlated to the upper range, 9.44, and applied the subject contract rent of $750 to arrive at an estimate of value via the Income Approach of $85,000 (Rounded). $750 x 12 = $9,000 x 9.44 = $85,000 (R) Reconciliation of Approaches to Value The Sales Comparison Approach produced an estimate of value of $89,000 for the subject property. The Income Approach produced an estimate of value of $85,000 for the subject property. Mr. Keneipp placed equal weight on each of these approaches and reconciled to a estimate of value for the subject property of $87,000. Cost Approach Sales Comparison Approach Income Approach NA $89,O00 $85,000 Recommended compensation based on Mr. Keneipp's report is: $87,000 4 REVIEW APPRAISER'S STATEMENT 120 Heart of Boynton CRA Boynton Beach/Palm Acquisition Beach Review Certification I certify to the best of my knowledge and belief: The facts and data reported by the review appraiser and used in the review process are true and correct. The analyses, opinions and conclusions in this review report are limited only by the assumptions and limiting conditions stated in this review report, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of this review report, my analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. I did personally inspect the subject property and appropriate comparable sales as used in the report under review. Field inspection of the subject property took place on May 25, 2004. I was accompanied during the inspection by Sayre J. Berman, AICP, State Certified General Real Estate Appraiser #0001963. Value estimates of items compensable under state law, but not eligible for federal reimbursement have been clearly identified below, as appropriate. The value estimate and my recommended compensation is stated below. Sayre J. Berman, AICP, State Certified General Real Estate Appraiser #0001963, provided significant professional assistance. In my opinion, the Total Recommended Compensation is: $87,000 Parcel 120 Mendel R. Westberry, MAI State Certified Real Estate Appraiser #0000331 Florida Coastal Appraisal Services Real Estate Appraisers and Consultants 2101 South Andre~vs Avenue Suite 205 Fort Lauderdale, FL 33316 954 779-3298 954 779-3395 (Fax) Single Family Residence John Dimke 123 NE 9th Avenue Boynton Beach, Florida Report Date/Date of Valuation: May 20, 2004 Prepared By D. Craig Keneipp FLORIDA COASTAL APPRAISAL SERVICES 2101 South Andrews Avenue Suite 205 Fort Lauderdale, Florida 33316 Prepared For Mr. Dale Sugarman The City of Boynton Beach Florida Coastal Appraisal Services Real Estate Appraisers and Consultants 2101 South Andre~vs Avenue Suite 205 Fort Lauderdale, FL 33316 954 779-3298 954 779-3395 (Fax) May 20, 2004 Mr. Dale Sugarman The City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Subject: HEART OF BOYNTON CRA Parcel 120 / Mr. John Dimke Single Family Residence 123 NE 9th Avenue Boynton Beach, Florida Dear Mr. Sugam~an: In accordance w/th your request, I have prepared this Complete Summary Appraisal of the above referenced property. The purpose of my appraisal was to estimate the market value of the subject property. The rights and/or interests appraised are fee simple. Resultant from my investigation and maalysis of the data assembled and used in the report that follows, as well as inspection of the property at various times, it is estimated that the Market Value as of the date of valuation on May-20, 2004 is: $87,000 (Eighty Seven Thousand Dollars) Respectfully Submitted, ~t'atC~~en~~i~(~~A~ ~rais er _ #0001491 Parcel 120 / Dimke CERTIFICATE OF VALUE I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. I have no bias ~vith respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this'assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client , the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of this report. No one provided significant professional assistance to the person signing this report. Opinion of Market Value: $87,000.00 Date of Value: May 20, 2004 Date: Signed: CE nF :n U N R,,L APPR aS R Project Identification: Parcel Identification: Appraiser: Dates: Interest Appraised: Parcel Size: Parcel Access: Zoning/Land Use: Assessed Value: Utilities: Easements: Highest and Best Use: Present Use: Opinion of Value: · Special Assumptions or Limiting Conditions Under Which Value is Based: EXECUTI E SUMMARY HEART OF BOYNTON CRA Parcel 120 John Dimke D. Craig Keneipp Florida Coastal Appraisal Serv'ices, Inc. Date of Value/Report: May 20, 2004 Fee Simple 5, 775 square feet (per survey provided). Legal and Physical: via NE 9TM Avenue. R-2 Residential Duplex / Medium Density Residential $32,976 Assumed all available to site Typical, none with adverse impact, no impact on value Residential, SFR Improved 2 bedroom, I bath Single Family Residence Total Value: $87,000.00 None. TABLE OF CONTENTS Page Cover ............................................................................................................ 1 Letter of Transmittal ................................................................................... 2 Certificate of Valuation .............................................................................. 3 Executive Summary ..................................................................................... 4 Table of contents .......................................................................................... 5 Property location, owner and address .......................................................... 6 Legal Description ......................................................................................... 6 Property inspection ...................................................................................... 6 Type of Property .......................................................................................... 6 History of the Property (Last Five Years) ................................................... 6 Description of the Property ......................................................................... 6 Zoning/Land Use Planning/Concurrency ................................................... 7 Assessed Value and Taxes .......................................................................... 7 Appraisal Purpose and Intended Use ........................................................... 7 Scope of the Appraisal ................................................................................. 7 Definition of Market Value ........................ .... ............................................. 8 Highest and Best Use Analysis ................................................................... 9 Approaches to Value .................................................................................. 9 Sales Comparison Chart .................... :..: ..................................................... 11 Sales Discussion and Analysis ................................................................... 12 Income Approach to Value ....................................................... 13 Reconciliation of Sales Data ....................................................................... i4 Final Conclusion and Estimate of Market Value ....................................... 14 Estimated Marketing Time ............................................................. : .......... 14 Addendum ................................................................................................. 15 Limiting Conditions and Assumptions : Appraiser Qualifications Subject Photos S ales Data Sheets 5 Property Location The subject property is located on NE 9th Avenue, east of Seacrest Boulevard, west of Federal Highway, within the city limits of Boynton Beach, Palm Beach County, Flor/da. Property Owner Name & Address John Dimke 123 NE 9th Avenue Boynton Beach, FL 33435 Legal Description PB 11 Page 43 PALM BEACH COUNTRY CLUB ESTATES, lot 6, Block 4 as recorded in the public records of Palm Beach County, Florida. Property Inspection Date inspected: April 29, 2004, May 20, 2004. Extent of inspection: Interior and exterior with the owner and tenant. Type of Property The property is an improved single-family residence consisting of 2 Bedrooms and I bath.. History of the Property Built as a SFR in 1954. The subject has had two tmown sales/market transfers of record within the past twelve months. The subject sold for $85,000 in November 2003. The subject is currently leased on an annual basis for $750/month. Description of the Property The subject is an improved single-family residence. Lot Size: Shape: Ingress/egress: Topography: Soil Characteristics: 5,775 square feet Rectangular 50 x 115+/- ( see survey provided) Via NE 9th Avenue. Cleared, generally level, at or slightly below road grade. There is no visual indication of any adverse soil conditions in the area, but no soil survey, exploration or engineering reports were made available. It is assumed that there are no adverse soil conditions that would affect the adaptability or marketability of the individual site. Utilities and Public Service: Available to the site, considered to be adequate and typical. Building Area: 594 square feet. HVAC: Walls: Flooring: Roof: Wall unit A/C. Concrete block/stucco Carpet and tile over terrazzo. Fiat Built up tar and gravel Additional improvements: Natural landscaping, concrete pad for shed, concrete driveway. Zoning, Land Use Planning and Concurrency -- The subject property is currently zoned R-2 Duplex. My research at the City of Boynton Beach ha., indicated that land in this zoning category could be developed with a variety of residential uses including single family and multifamily. The subject land use designation is medium density residential. For the govermnent body, land use plans serve as generalized guidelines for both current and future development. Items generally included in guidelines are use classifications, use intensity and preservation areas. The land use plan is generally used in conjunction with existing zoning when the government aUthority is reviewing a proposed development. The site is platted under the PALM BEACH COUNTRY CLUB ESTATES plat. Municipality: City of B oynton Beach. NOTE: Since requirements can be changed and/or amended at any time by the municipality, the above reported data should be verified with the municipality before using such data for any purpose. Assessed Value and Taxes Taxing author/ty: Palm Beach County Folio No.: 08434521100040060 Assessed value: $38,374 Year: 2003 There are no known special assessments. Public and Private Restrictions The subject is improved, platted, residential single family improved property. There are no atypical restrictions known or assumed in the appraisal. Property Interest Appraised The rights appraised in this appraisal report are the undivided fee simple (estate) interest. Scope of Appraisal Comparable improved sales and rentals will be researched and reviewed. The site will be inspected. The conclusions will be presented in this complete summary appraisal report. Appraisal Purpose and Intended Use The purpose of this appraisal is to provide my opinion of market value of the subject property. The intended use of this appraisal is informational for the client for the potential purchase, possibly under eminent domain. Definition of Market Value -- As defined by the Uniform Standards of Professional Practice: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, ara assuming the price is not affected by undue stimulus. Implicit in this definition is the consummatim. a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1) 2) 4) 5) Buyer and seller are typically motivated; Both parties are well informed or well advised, and acting in what they consider their own best interests; Reasonable time is allowed for exposure in the open market; Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and The price represents the normal consideration for the property sold unaffected by special or creative financing of sales concessions granted by anyone associated with the sale. ' Uniform Standards of Pro..fessional .Appraisal Practice, 2002 Highest and Best Use Analysis - Summarized _._ "The reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." (The Appraisal of Real Estate", eleventh edition, Appraisal Institute). The subject land is zoned for R-2 duplex, being utilized as a single-family residence. This use is consistent with the subject neighborhood. The lot size is typical for the neighborhood. Based on estimated current land value, it is not reasonable to demolish the subject improvements and develop into multifamily use. It is considered maximally productive to continue use as a single-family residence. The highest and best use of the subject is as improved for single-family residence. Approaches to Value Omitted as Not Applicable [x] Cost Approaches To Value The subject property is improved with a single-family residence. This report is a complete summary appraisal as per the Uniform Standards of Professional Practice. The appropriate approaches are the Sales Comparison Approach and Income Approach. The subject is recognized to be marketed, bought and sold relative to market sales analysis of other single-family residences in the subject neighborhood. Ample sales market data is deemed available for application and utilization of the sales comparison approach. The Income approach is considered applicable as the subject and many of the comparable sales are leased. There is sufficient market evidence that the subject property type in the subject neighborhood is bought based on income potential. The Cost Approach is not deemed applicable due to the age of the SFR subject. THE SALES COMPARISON APPROACH This market derived approach is a technique of estimating market value by comparing similar, open market sales of properties, to the subject, and making appropriate' adjustments for the variable characteristics considered applicable to subject. The Sales Comparison Approach is premised on the Principle of Substitution, which suggests that an purchaser/investor would not pay anymore for a property than the cost of acquiring an equally desirable substitute property. With the presence of quantitatively and qualitatively sufficient market data that can be inspected and then analyzed, a sufficiently reliable value indicator can be developed that reflects current market actions/reactions. A reliable comparison should be selected to accurately measure and/or compare the market data considered comparable. For the subject property, the sales price overall including the land is considered a reliable measure and/or unit approach for comparison purposes, resulting in a reflective market indicator. The comparable sale properties should be (and are) individually compared to the subject property, and in light of no two properties being identical, it is necessary to analyze the individual characteristics, which would be reflective of a varim~ce in price. These differences are then equated to adjustments, if appropriate. Collection and Analysis of Comparable Sales For the purposes of establishing "benchmarks" of value for the subject for comparison, single-family residential sales were researched and analyzed. A number of sales of comparable properties were found and through preliminary analysis and field inspections reduced. Personal verifications with either buyers or the sellers provided additionaI data for scrutiny and analysis. Several sales have been cbc. for use in direct comparison. These include the sale of the subject less than _1 year ago. The sale properties selected for comparative purposes have SFR buildings and site improvements that are similar in functional use to the subject. Due to the nature of the SFR improvement with a typical residential lot land size; the number of bedrooms, baths and living area will be considered in establishing an overall unit of comparison for the subject. The improved comparable sales indicate typical lot sizes recognized in the market, as xvell as adequate to good landscaping, garage/carports, and various amenities. Direct Comparison Of Improved Sales Following is a sales grid/table and br/ef discussion of each of the comparables. Narrative analytical support for any adjustments, as well as, additional sales discussion and correlation will follow this grid for the purpose of individual comparison to the subject. l0 Sales Analysis ~' The table reflects sales, resales, and a current l-i_sting/contract for single-family residential property values in the subject neighborhood market. All sales have proximity to the subject. The sales indicate the typical SFR in the subject neighborhood is 2-3 bedroom/1 bath. The subject is a 2 Bedroom/1 Bath. The unadjusted sales indicate a range of typical homes from the past year of $78,000 to $99,500. A pendi,-o resale of sale G is anticipated in June for $115,000. The range of per square foot market indicator~ effectively $112 to $143. Sale R This sale is slightly larger than the subject. Built as a france residence in 1936, it currently has three bedrooms, I ½ bath. The sale appears to be reasonably maintained and is leased for $970/month. Tenant pays water and electric. The sale is inferior to the subject in condition and lot size. The sale is considered slightly superior to the subject relative to an additional bedroom, ½ bath, carport and rear patio area. Sale M This is the sale and resale of the subject in the past year. The sale is considered arms-length. The sale/subject property is in good condition, with fresh paint, tile flooring, ceiling fans, updated appliances and cabinets. The current owner has the property leased for $750/month. Tenant pays water and electric. Sale D This sale is similar in building size, style, and age to the subject. It has two bedrooms/1 bath upon inspection. The most recent sale reflects an overall superior condition from the prior 12/2002 sale. The most recent sale at $78,000 is considered similar to the subject property. Although a complete interior inspection was not available, the sale is considered slightly inferior to the subject in condition and lot size. The sale is leased to a tenant. No lease data was available. Sale G This sale is slightly larger than the subject. It has three bedrooms upon interview with the listing broker and personal inspection. It is in good condition. It has central a/c. It sold in October 2002 for $78,000. The sale is inferior in timing of the sale as it is just over one year old. The current listing is for $119,990. The broker indicated it is under contract to an investor, near the listing price, with a June 15th closing scheduled. Prior lease history was $1,080/month. Overall, the pending contract sale is considered superior due to central a/c and the additional bedroom. Conclusion of Market Sales Comparison Approach Items such as lot size, bedroom/baths, age, condition, and landscaping are all considered. The subject is considered to be in good condition with minimal landscaping. All sales, including the current listing/contract, have been given reasonable consideration. Sale and resale M, the prior sales of the subject are the most similar to the subject in all aspects. The neighborhood market values are considered to be increasing. There is the new construction of SFR's in the neighborhood. My market research in the subject neighborhood indicates smaller SFR's sell for a higher square foot rate. The recent purchase of the subject is considered an arms-length transaction. Following a thorough review of my market data and my analysis of the pertinent information and facts, my market value opinion is $89,000. This equates to approximately $150/square foot, which is just slightly outside the square foot value range. Conclusion of Market Sales Comparison Approach: $89,000 12 INCOME CAPITALIZATION APPROACH TO VALUE The Income Capitalization Approach to value-c-onsists of methods, techniques, and mathematical procedures that an appraiser uses to analyze a property's capacity to generate benefits and convert these benefits into an indication of present value. This technique is premised on the principle of "anticipation" and "substitution", as well as, the principle of "contribution." Potential gross income can be defined as the income a property will produce with 100% occupancy. Generally, income is classified as either "market" (economic) rent or "contract" rent. Market rent is that amount of income a property would command in the open and competitive market based on current rentals of similar properties. Contract rent is that rental income created by an existing lease; the effective date of the lease may or may not be current. Also, contract rent may or may not be equivalent to market rental. Rental data is provided from the improved sales from the sales grid provided earlier in the Sales Comparison Approach. The subject contract rent is considered market rent. Sale Subject SFR Sale & Subject Sale SFR Sale & SFR Contract Rental R & Rental M Rental G & Rental G Rental Date As of May Current Current Prior Anticipated 20, 2004 Sale Price .............. $99,500 $85,000 $78,000 $115,000 Gross Income .............. Annual $11,640 $9,000 $12,960 $12,960 Monthly $970 $ 750 $1,080 $1,080 Gross Rent .............. 8.54 9.44 6.01 8.87 Multiplier Gross Rent Subject The market rent for the subject property's 2 bedroom/1 bath unit is estimated to be $750/month. Annual gross rent is thus estimated to be $9,000. Gross Rent Multiplier Dividing the adjusted sales prices by their adjusted gross annual rent, yields a gross rent multiplier range of approximately 6.01 to 9.44. This range is adjusted to exclude the older sale/rental G in favor of the anticipated recent indicator of Contract G. The adjusted range would be 8.54 to 9.44. The sale/rental of the subject is contemporary, as well as reflective of the neighborhood market. In my opinion, the sales and rental analysis indicates the gross rent multiplier of 9.44 for the subject is reasonable. 9.44 X $9,000 =$85,000(R) Market Value estimate via the Income Approach: $85,000 Reconciliation The value indications developed from the Sales Comparison Approach, and the Income Approach are set forth. Following a thorough review of market data and analysis of the pertinent information and facts, the following value estimates have been indicated. COST APPROACH SALES COMPARISON APPROACH INCOME APPROACH N/A $89,000 $85,000 The subject is located in an area with stable to increasing property values and with a diminishing supply of available vacant land sites. As can be seen above, there are reasonable variances in the value estimates from the Sales Comparison, and Income approach. All approaches are given reasonable weight. After considering the value indicators, it is my opinion that the subject property has a fee simple market value as of May 20, 2004 as follows: Market Value Opinion: $87,000 (Eighty Seven Thousand Dollars) 14 ADDENDUM Appraiser Qualifications Assumptions and Limiting Conditions Subject Photos S ales Data Sheets Qualifications of D. Craig Keneipp, Appraiser/Consultant 2101 South Andrews Avenue, Suite 205 Fort Lauderdale, Florida 33316 EDUCATION Bachelor of Science, Business Administration, Marketing. University of Central Fla. Orlando, FL Associate of Arts (A.A.), Manatee Jr. College, Bradenton, FL LICENSES/CERTIFICATION State Certified General Real Estate Appraiser, since 1991. Florida Licensed Real Estate Broker, since 1987. WORK EXPERIENCE Professional self-employed real estate appraiser/consultant 1985 to present. Senior Real Estate Negotiator for Kaiser Engineers, under contract with the Florida Department of Transportation for Right-of-Way Acquisition 1984 to 1985. Right-of-Way Specialist (acquisition/relocation agent) for the Florida Department of Transportation, District IV Fort Lauderdale, FL. 1982 to 1984. EXPERT WITNESS · Court qualified as an expert witness in the area of real estate appraisal. PREQUALIFIED GOVERNMENTAL FEE APPRAISER LISTS · Federal Department of Environmental Protection, Division of State Lands Fee Appraiser · Florida Department of Transportation Real Property Fee Appraiser/Consultant · Broward County Approved Fee Appraiser · Broward County School Board Approved Fee ApPraiser APPRAISAL COURSES COMPLETED USPAP - Uniform Standards of Professional Appraisal Practice American Society of Appraisers Ethics Exam, A.S.A. (American Society of Appraisers) IA-1 Real Estate Appraisal Principles, A.I.R.E.A.(Anaerican Institute of Real Estate Appraisers) lA-2 Basic Valuation, A.I.R.E.A. 1BB - Capitalization Theory and Tech. B, A.I.R.E.A. 1BA - Capitalization Theory and Tech. A. A.I.R.E.A. SPP - Standards and Professional Practice, A.I.R.E.A. ADDITIONAL COURSES/CONTINUING EDUCATION Uniform Standards of Professional Appraisal Practice Understanding Limited Appraisals & Appraisal Reporting Options Communication in Real Estate Acquisition Appraising under Eminent Domain Business Relocation, Federal Highway Administration Real Estate Finance Business Valuation Parts I & II Litigation Valuation Lndustrial Valuation D. Craig Keneipp, State Certified General Appraiser Partial Statewide Client List Government Agencies Florida Dept. Of Transportation North Broward Hospital District Municipalities Broward County (Litigation Support) City of Boynton Beach City of Coconut Creek City o f Lauderhill City of Margate City of Sunrise Financial Institutions North Trust Bank Law Firms Conrad & Scherer Forman & Hanratty Ulmer, Hicks & Schreiber Ruden, McCloskey, Smith, Schuster Durden & Green Jerome Tepps Ali & Jobson Eakin & Eakin Carter & Thomas H. Collins Forman, Jr. Jack Baxter Partial List of Property Types Appraised Vacant Land Agricultural Residential Commercial Improved Residential Single Family Multi-family Condominiums Improved Commercial Banks Retail/strip centers Private Schools & Day Care Palm Nursery Cemetery Funeral Home Restaurants/Bars Service stations Churches Rock Pits Auction Gallery Office buildings - single/multistory Hotels/mo~els Auto/boat/motorcycle dealerships Radio station Golf Course Assumptions and Limiting Conditions This appraisal is to be used in whole and not in part. No part of it shall be used in conjunction with any other appraisal. Nfarketable title, but not responsibility as to legal matters is assumed. It is assumed the legaI description as given, is correct. The property has been appraised free and clear of any or all liens or encumbrances unless otherwise stated. All engineering is assumed correct. Any plot plan and/or illustrative material in this report or addendum are inclttded only to assist the reader in visualizing the property. It is assttmed tl~at there are no hidden or unapparex~t conditions of'the property, subsoil, or structures tl~at render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is com~ected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the written consent and approval of the appraiser. Jul-06-O~ 16:10 P.O1 i,:,?.".qlI.H IP EIPl IIIhi,, ~ ! ,d flip I1:,; .'i':: ~"q q ~q II JqlJ ihi~ ,: urbnn group, Inc. 1424 SOUTH ANDREWS AVENUE SUXTE 200 FORT LAUDERDAL. E, FLORZDA 33316 PHONE NUMBER (954) 52Z-6225/ext, 116 FAX NUMBER (954,) 522-6422 FACSIM ! I ,E TRANSMISSI ON DATE: July 6, 2004 TO: Doug Hutchinson, CRA Di.retcor FACSIMILE NIJ M B ER: ... (5 ] 6) 737.3258 FROM: B,'l.r..bara Matlack E-MAII ,: bt~lat, lack({~,t heurban grotlp,com.. SUBJEC. T: Acquisition _& Rcloc#~;iotl Cost Summary for Parcel 120 NLIMItER OF PAGES, rNCI,UI)ING THIS COVER SIIEET:. 7 COMMENTS ~_.Doug, Thc clQcumcnt.ation of costs involvc, d with the. acquisitioa and relocation for thc Dimkc parcel are attacheql lbr you. r review and submis, sion to_the CRA Board tbr inclusion in thc Agenda for July 13, 20.0.4. The acquisition coun.t:¢rolTqr is $95,700.plu_s $325. for proocrtv surYey, estimated relocat-ion eligibility cost for thc laadlord.b, usiness is $[ l,.0.00.and the e,,~timatcd move co,ts plus rcplaccment housing vaym.q.n.t lbr thc. tenant is S9,400. Total projected costs to/The aequisfion and rctocatlo.n of parcel 120 is $116,425. ~ Please: Note: Thc informatim~ in this facshllik tran~mis.~i~m is intend~ oxlly for thc pcraonal and CONFIDENTIAL use of the d~ignatcd recipient(s) named above. IF THE READER OF Tills FACSIMILE IS NOT TIlE INTENDED ItE¢:II'II,;N'[', you are notified Ihat you have received this document in error, and llLut any review, dissemination, distributirm or copying of thi~ transmis.~ion i.~ stticlly prohibiled. If you have receiv,d this transmission m ~rror, please not/fy this office immtdlat¢ly via ~clcphone at (954) 522-6226, ext. 110. Wc will provide you with i,.qtmcfions on dlsposul of this mcs.qagc. Thank You, If you have any tranm~issim2 problems or questions, please call (954) 522-6226, cxtcms/on 116. ~u~-06-04 16:10 P.02 NEGOTIATION SUMMARY & RECOMMENDATION FOR SETTLEMENT Seller: Site Address: Legal Description: Parcel Identification Number; Properly Assessment Value: Appraised Fair Market Value: Date of Value: John Dimke 123 NE 9th Avenue Boynton Beach, Florida 33435 Parcel # 120 Lot 6, Block 4, Palm Beach County Club Estates, according to the Plat thereof on file with the Office of the Clerk of The Circuit Court in and for Palm Beach County, Florida, recorded In Plat Book 11, at Page 43, said lands situate, lying and being In Palm Beach County, Florida. 08-43-45-21-10-004-0060 $42,543.00 $87,OOO.OO May 20,2004 Seller's Position: After intense deliberations with John Dimke over the acquisition offer to purchase his property, the agent was able to engage him into negotiations. Mr. Dimke expressed his desire to go to court If a settlement was not reached. Mr. John Dimke has agreed to sell the above referenced property for $95,700.00. Mr. Dimke had expected to contract the property for sale closer to $100,000.00 based on discussions with local Realtors and Investors; however, The Urban Group's agent negotiated a contract to purchase the subject parcel for $95,700.00. Mr. Dimke was very adamant about this being the best selling price for his residential property, He reminded me that he did not want to sell the property without a fair price being offered. He had purchased the property with the intention of having rental Income for many years. John Dimke was unaware of the Boynton Beach Community Redevelopment Project when he purchased the home. He is considering legal action against the previous owner for not disclosing this vital information. He claims that he would never have purchased this property knowing that the city was going to be purchasing it for redevelopment. Buyer's Position: The CRA hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp to determine the fair market value of the subject property. Based on a date of value of May 20, 2004, the fair market value of this property is $87,000.00. Parc t ~i' 3 The Urban Group, lac. · 1424 South Andtewa Avenue · Suite 200, Fort Lauderdale, Florida 33316 'I*EI,EPHON£ 954.$22-6226 · FAX 9.~-5'-z-0'~-' Jul=06-04 1~:11 P.03 Negotiation Summary & Recommendation for Settlement John Dimke - 123 NE 9"' Avenue, Boynton Beach, Florida July 6, 2004 Page 2 The language found in the CRA Standard Contract allows the Buyer to complete due diligence including an environmental assessment. In the event of any adverse findings, the Buyer has the right to withdraw from the contract without penalty. This clause gives the buyer the right to cancel the contract by delivering written notice to the seller no later than 5:00 p,m. on the second business day after the investigation period has lapsed. Potential Cost of Litigation The CPA's costs and property owner's costs of proceeding through Order of Taking and trial are estimated from historical information obtained from the Department of Transportation's Legal Counsel in Fort Lauderdale, Florida. The breakdown of costs is as follows: )> Appraisal Costs (update & testimony) $ 6,000. ~ Court Costs $ 5,500. > Suit Preparation Fees $ 2,000. ~, Attorney Fees .~ 9,000: Total estimated costs to litigate ,$,22,000, Comments/Recommendations: The contract purchase price is 10% over the appraised value. Comparable sales of similar single-family residences located in the subject area ranged from $85,000.00 to over $115,000.00. It is in the Boynton Beach CPA's best interest to accept this negotiated counteroffer. However, in the event the CRA does not purchase this property at this time, it is likely this property will have to go through the eminent domain process. Accepting the negotiated contract would save the Boynton Beach CRA the time and expense of going through the eminent domain process. The Urban Group highly recommends accepting this counteroffer. Respectfully Submitted: tBarbara Mat~ack ...... Senior Realty Specialist Date ~The Urban Group, Inc. P.%n,e 2 o{' 3 Jul-06-04 16:11 P.04 Negotiation Summary & Recommendation for Settlement John Dimke - 123 NE 9th Avenue, Boynton Beach, Florida July 6, 2004 Page 3 Boynton Beach CRA Director's Concurrence: Doug Hutchinson Date BBCRA Director Boynton Beach CRA Board Approval: Jean Heavllin Chair, BBCRA Board Date 0u1-06-04 16:11 P.05 Yenrs of July 6, 2004 Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107' Boynton Beach, Florida, 33435 Subject: Heart of Boynton, Parco 120, 123 NE 9th Avenue Relocation Entitlements Listed below are estimated relocation costs for parcel 120.001o, John Dimke, landlord business and parcel 120.001 t, Pamela Williams, residential tenant. John Dimke.,. 120.0..01o The owner of a landlord business is eligible for reimbursement of move costs, search expenses, and reestablishment expenses. Move costs: Mr. Dimke does not own any of the personal property at this site. Estimated reimbursement of expenses: $0. Search expneses: Eligibility maximum is '$1,000 for eligible expenses in searching for a replacement site. Estimated reimbursement of expenses: $1,000.00. Reestablishment expenses: Eligibility maximum is $10,000.00 for eligible expenses incurred in reestablishing a landlord business at a replacement site. Estimated reimbursement of expenses: $10,000.00. Documents include a Notice of Eligibility and a 90-day letter. No relocation claims have been made to date. Claims for reimbursement of expenses will be made after the eligible activity occurs. Maximum available relocation entitlement: $11,000.00. Pamela Williams, 120.001t The residential occupant Is eligible for reimbursement of move costs and for a replacement housing payment, Move costs: 4 rooms of furniture, using the schedule of move costs. Estimated reimbursement of expenses: $'1,000.00. The Urban Group, Inc. · 1424 South Andrewa Avonue · Suite 200 · For 1. auderdale., Florid,, 33316 TELEPHONE 954-522-6226 o FAX 954-b22-6422 · www.theurbangroup,com Jul-06-04 16:11 P.06 Douglaa Hutohinson, Director July 6, 2004 Parool 120 Page 2 Replacement housing payment: Based on the difference between current rent and utility costs versus rent and utilities at a replacement dwelling. Estimated replacement housing payment: $8,400.00. A Notice of Eligibility has been sent by certified mail to the displacee who is currently out of town. A 90-day letter of assurance will be delivered along with a Statement of Eligibility when a comparable dwelling has been made available. Maximum available relooatlon entitlement: $9,400.00 $11,000.00 $ 9,400.00 $20,400,00 landlord business residential tenant Maximum relocation eligibility for parcel 120. .~SincerelyL Diane Mason Relocation Services Administrator ~u1-06-04 16:12 P.07 Replacement Housing Payment Project: Heart of Boynton Displacee: Pamela Williams Parcel Number: 120.001t Address: 123 Northeast 9th Avenue, Boynton Beach The single-family house located at 123 NE 9th Avenue is tenant-occupied by Pamela Williams and her 12-year-old son. The Uniform Act provides a relocation entitlement to the occupants. The Replacement Housing Payment is typically based upon the lower of the amount the displacee is presently paying for rent plus the average cost of utilities or 30% of the total monthly household income. Ms. Williams has been unable to verify all of her income due to her seasonal work and various gifts from family members, therefore the RHP will be based upon her present rent and utilities compared to rent for a similar dwelling including utilities. The monthly rent plus utility cost for Pamela Williams Is $850.00 ($750.00 rent + $55.00 electric + $45.00 water = $850.00) A search for comparable housing was conducted. The subject dwelling is a 2-bedroom, t-bath single-family house, Single-family rental housing In the area averages $1,200 per month plus utilities (average utility cost of $150 per month). This would result in a RHP of $19,320.00 ($1,350 - $850 - $500 x 42 = $21,000). An. RHP greater than $5,250 indicates last resort housing. Section 24.404 c of the Uniform Act permits consideration of replacement housing based on space and physical characteristics different from those in the displacement dwelling in order to provide a functionally equivalent dwelling. In this case, we considered two-bedroom duplexes, villas and townhomes to be comparable to a single-family house. D$&S Statement Three comparable dwellings were located. All comparable dwellings meet the needs of the displacees concerning number of bedrooms, and all comparables appear to meet local codes. z- The Urban Group, Inc, , 1424 South Andrews Avenue. Suite 200 - Fort Lauderdaie, Florida 33316 tELEPHONE 954-522-6226 · FAX 9~4.522-6422 * www.t-heurbangroup.com ~ul-OB-04 16:12 Heart of Boynton Replacement Housing Payment Parcel 120.001t Page 2 #1 ;Qmparable 228 N Waterside, Hypoluxo 2 bedroom townhouse, Waterside Villa rent: $900 Utilities: electric $t50 Total = $1,050 Rent and utilities were verified with Joan Spalding, 561-737-5327. #2 comparable 30 Crossings Circle, Boynton Beach 2 bedroom townhouse, The Crossings rent~ $900 Utilities: electric $150 Total-- $1,050 Rent and utilities were verified with Rent Free Reatty, 561-733-2121. #3 c..o.ml3arable 365 Waterside Drive, Lantana 2 bedroom townhouse, Waterside Villa rent: $950 Utilities: electric $12(~ Total = $1,070 Rent and utilities were verified with Randy Loewenthal, 561-210.0050. RHP Calculation;. Comparable #1 rent plus utilities: Less Base Monthly Rental: difference Rental Assistance: $1,050.00 850.O0 200.00 x 42 $8,400.00 The Uniform Act states that "Any person displaced from a dwelling or seasonal residence is entitled to receive an expense and dislocation allowance .... for actual moving related expenses." The dwelling consists of 4 rooms. The Federal Highway Administration Payment Schedule allows $1,000.00 for 4 rooms of furniture in the State of Florida. RHP Move costs Maximum available relocation entitlement: $8,400.00 $9,400.00 Prepared by Huchani Dodd, The Urban Group, July 6, 2004 The Urban Group, In¢, jul-06-04 16:1Z P.O~ Heart of Boynton Parcel 120.001o Eligible Reestablishment and Search Expenses RE ESTABLISH M ENT EXPENSES A displaced business may be reimbursed for the expenses actually Incurred In reestablishing a small business (up to 500 employees), farm, or non-profit organization at a new location. The actual expenses Incurred must be documented. The maximum amount which can be reimbursed under this provision is $10,000. Eligible expenses may indude, but are not limited to, the following: a. repairs or improvements to the replacement real properly as required by federal, state or local law, code or ordinance; b. modifications to the replacement property to make it sultable for conducting the business; c. construction and installation costs; d. providing utilities from the right-of-way to the Improvements on the replacement property; e. redecoration or replacement of soiled or worn surfaces at the replacement site such as paint, paneling or carpeting; f. licenses, fees and permits when not paid as part of moving expenses; g. feaslblllty surveys, soil testing, and marketing studies; h. advertisement of replacement location. !. professional services in connection with purchase or lease of a replacement site; j. estimated increased cost of doing business for first two (2) years at the replacement site for such Items as: (1) lease or rental charges, (H) personal or real property taxes, (III) insurance premiums, and (IV) utility charges, excluding impact fees; k. impact fees or one-time assessments for antlclpatecl heaw utility usage. SEARCH EXPENSES A displaced business or farm operation is entitled to reimbursement for actual expenses, not to exceed $1,000 which are incurred In searching for a replacement location, Including: a. transportation b. meals and lodging away from home. c. time spent searching, based on reasonable salary or earnings. d. fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site. Memo: To: From: Re: Date: CRA Board Douglas Hutchinson, CRA Executive Director Consideration of New CRA Office Space Rental July 1, 2004 Staff is recommending leasing office 103, located in our current building, for a cost of $1,600 per month, plus utilities, as per the lease agreement included as backup. The benefits of renting the proposed space are many. For instance, the space is already divided into offices, lobby area, large conference room, model display area, workroom and storage closet. These are the very elements that we considered improving our current office space with. The new space has just been renovated and the CRA has the potential to acquire key office furnishings which we would need for upgrade. Additionally, the new space has an operating secudty system monitored by Adelphia Security. The space is available September 1a, 2004 and the minimum lease term is for 12 months, which matches the CRA's immediate and near term needs. Our current lease is on a. month to month basis with a one month notification requirement. Our rent is $1,000 plus CAM of $120 plus utilities. Staff is further fond of the fact that it's 3 doors down from the current office. Staff recommends this one lease year with opportunity for renewal. Legal has reviewed contract. 5603 LF140-04 R140-04 COMMERCIAL LEASE This lease is made between of ~ 'l'-c~Ta~O*r'Cv, rn~c. '~. herein called Lessor, and ~ here~ ca,ed Lessee. Less~ hereby offers to lease ~om Lessor ~e presses situated ~ ~e CiW of ~n ~C~ . Co~ of des' ~Dcn ed as ~T ~C~ State of ~LmS'~c~ upon the following TERMS and CONDITIONS: 1. Term and Rent. Lessor demises the above premises for a term of C2~..~") year~, commencing ~:q-evo~ l'gl- ,20OJ4 , and terminating on ~lxaOa a'l- ~i~' ,200~ , or sooner as provided herein at the annual rental of ~ 'TFt2u 8~rf~ ~Z ~~ 'C3o~ ~ Dollars ($ I ~ - oO ), payable in equal installments in advance on the first day of each month for that month's rental, during the term of this lease. All rental payments shall be made to Lessor, at the address specified above. 2. Use. Lessee shall use and occupy the premises for O ~cicr. / C~-e~,mu-~C~a- ~%~ . The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose. 3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, structural foUndations, and: t-~'SS~_..~ ~ [Ze~li~ T'~ O~q'c~ (j~-T' 4~ ~ ~ 4. Alterations. Lessee shall not, without f~rst obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the premises. 5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of ail municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. 6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be mxreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease. 7. Utilities. Ail applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they becon-~e due, including those for sewer, water, gas, electricity, and telephone services. _~$ 8. Entr~ and Inspection. Lessee shall perrmt Lessor or Lessor S~o enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within ~' ~ ~ 5604 © 1992-2001 Made E-Z Products, ~nc. Page 1 Rev. 10101 Tl~s product does not constitute the rendering of legal advice or services. This product is intended for informational use only and is not a subst/tute for legal advice. State laws vary, so consult an attorney on all legal matters. This product was not necessarily prepared by a person licensed to practice law in your state. sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the premises thereafter. 9. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate th~s lease if possession is not delivered within days of the commencement of the term hereof. 10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless'~ ~-~ from any claims for damages, no matter how caused. 11. Insurance. Lessee, at his expense, shall maintain plate glass and public liability insurance including bodily injury and property damage insuring Lessee and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 12. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such talcing. The rent, and any additional rent, shall be apportioned as of the tennination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of f~xtures and improvements owned by Lessee, and for moving expenses. 13. Destruction of Premi.~es. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises.- If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease 14. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default ~ and if Lessee does not cure any such default within days, after the giving of such notice (or if such other- default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, without extinguishing Lessee's liability. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 15. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of Dollars ($ ) as for the performance of Lessee s obligations under this leas~limitation the surrender of security possession of the premises to Lessor as herein prov~lies any part of the deposit to cure any default of Lessee, Lessee shall on d~r ~e'amo~t so applied so that Lessor shall have the full deposit on hand at all ti~ of this lease. ~ ~-L~2~L~T~ ~'~-.i-r 0~t_-, ' · ' P~ige 2 5605 16. Tax Increase. In the event there is any increase_durin~f the term of this lease in the City, County or State real estate taxes over and above the taxes assessed for the tax year during which the term of of paid t ' an amount equal to % of the increase in taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 17. Common Area Expenses. In the event the demised premises are situated in a shopping center or in a commercial building in wkich there are common areas, Less~-agrees to pay his pro-rata share of maintenan.c.e, taxes, and 18. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 19. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 20. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to time. 21. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 22. Option to Renew. Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to renew the lease for an additional term of ID, months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of $ t brio -~o ~ w~¢.~-~ . The option shall be exercised by written notice given to Lessor not less than 6~Ct..c~ ;¢-r.t') days prior to the expiration of the initial lease term. If notice_is not given in the man,er p~vided ~herein within the time specified, .tl~i.'s op..q.on shall expire.~ z~. ~unormnauon. ~ ms tease ~s and snan t>e sut~oramatect to all erdstmg and future liens and encUmbrances agaihst the property. 24. Radon Gas Disclosure. As required by law, (Landlord) (Selle_r) makes the following ddisclosure: "Radon Gas" is a naturally occunfng radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in . Additional information regarding radon and radon testing may be obtained from your county public health unit. 25. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof: Signed this day of ,20 By: ~/~" Lessor By: Lessee 5606 .~.~ Page 3 X. Commission Action 5607 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. Xl. Board Member Comments 5608 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 fum/sh 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 Hutchin~qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xll. Legal 56O9 Any person who decides to appeal any decision of the Communit)r 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. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xlll. Other Items 5610 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 oppommity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contactDouglas Hutchinson at 561-737-3256 at least twenty-four hours pr/or to the program or activity in order for the CRA to reasonably accommodate your request. x v. Future Agenda Items Budget Workshops (July 8~h & 22nd). City/CRA Workshop (July). 5611 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xv. Adjournment. 5612 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS T NAME--FIRST NAME--MIDDLE NAME · MAI~_ING ~,DDRESS - !?. DATE ON WHICH VOTE OCCURRED e '7' NAME_OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI'FrEE TH~=-BOA~, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: II'CITY O COUNTY O OTHER LOCAL AGENCY N~La30F POLITICAL SUBDIVISION: MY POSITION IS: r~ ELECTIVE ~1~ APPOINTIVE / - WHO MUST FILE FORM 8B "~,~ "'~ ' ' . , ?, , . i . This'f6~ is for use by any person servin~t the'county, city, or other local level of government on an:appoInted oF eledt~l.b~r~, c, ouncd, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes· Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. · ~, t f,,, . . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA ~TATUTE~ person holding e~ecfive or ~ppointive count, municipal, or other local public o~ce ~U~T ABSTAIN from voting on a measure which ~res to his or her special priwte gain or loss. ~ach elected or ~ppointed local o~cer also is prohibited ~rom knowingly voting on a mea- re which inures to the ~peci~l gain or Io~s o~ a principal (other ~han a government agency) by whom he or she is re~aJned (including ~he parent organization or subsidi~ of a co.orate principal by which he or she is retained); to the special priwte gain or Io~s o~ a relative; or to ~he ~peci~l private gain or loss o~ ~ business associate. ~ommi~sioners o~ communi~ redevelopmen~ agencies under ~ec. 1~3.35~ or 1~3.357, F.~., ~nd o~cers o~ independent special tax districts elected on ~ one-acre, one-vote basis are no~ prohibited ~rom voting in ~h~t c~pacity. ~or purposes o~ t~Js law, a "relative~ includes only ~he o~cer's ~e~her, mother, son, ~aughter, ~usband, wJ~e, brother, sister, ~ather-in-law, mother-in-law, ~on-in-I~w, ~nd daughter-in-I~w. A "business associate' me~ns any pe~on or en~J~ engaged in or car~ing on a business enterprise with the o~cer ~s ~ pa~ner, ]oin~ venturer, coowner o~ prope~, or corporate shareholder (where the shares o~ the corporation are not listed on ~ny national or regiona~ stock exchange). ELECTED OFFICERS: In ~ddi~ion ~o ~bstaJning from voting in the ~uations desc~bed above, you must disclose the convict: P~IO~ TO TH~ VOT~ ~ING TAKEN by publicly ~t~ting to the assembly the nature o~ your interest in the me~sure on which you are ~bstaining ~rom voting; WITHIN 15 DAY~ AFTE~TH~ VOYE OCCU~ by comp eLing ~nd ~ ng this ~orm wi~h the pe~on, respon~ible ~or recording the min- utes of the meeting, who should incorporate. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othe~ise may pa~icipate in these ma~ers. However, you mqst disclose the nature of the conflict before making any a~empt to influence the decision, ~ether orally or in writing and whether made you or at your direction. YOU INTEND TO MAKE ANY A~EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any a~empt to influence the decision) with the pemon responsible for recording the minutes of the meeting, who will inco~orate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE I APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at t~'n..e~ mee~le~tl~fo,rm is filed. ' ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT 1-,HE ME&T,.I.I~G~, ,~ , _ . · ]~,~ ~, · t~ ~ ,:. ,.'.~' ~ · You must disclose orally the nature of your conflict in the mea%ur~ before participating. ,. · You must complete the form and file it within l~-'",<~s-L~e~--~l~ vote occurs with the person resp~n'sil~le ' ' '-"' - ~ ' '" for recording the minutes, of the meeting, who must incorpor.at'e the form in the minutes. ~A copy of the form must be provided immediately t~ ne Qtll~r ~me.m'oefs of the agency, and the form must'be,read publicly at the next meeting after the form is filed. ' ' DISCLOSURE OF LOCAL OFFICER'S INTEREST I,_______~'"]~--~L__ ~J[,~ __l~ _~. hereby disclose that on ..... (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, T.~ inured to the special gain or loss of whom I am retained; or ___ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: which Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2