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Agenda 10-04-04
--'- -.>-.:.- ,--'"~~"':- <0:)1- _-",,:-;"';.i~_p~::c< ~,;.._ ____ ';¡"'_.6"O,___.~~_:"_~';;"""~"~l..::~~~~~',;--:_.;..~---,;;;~_:;:;,~",,,_,,_~~_ ,.,_ _:'>:_",,_i,-_>;_:.: :- -._---:..;..-.:.~d;j¡¡;.~~_,:....i_~:,,;._L!';....:~~~,~._;:::-'..L~:.f£;?,¡J.i..~~·,..~:-_"~.¡\:::;,;,,,.,,;;~&~~ffit.;il~~~~~~~~~~~~ ~~~~-"j;."ojj.--,~:':':,:':'¿._-,.J/i->,;~::--i ~t~C-L'::~,:,': ~ The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA OCTOBER 4, 2004 Jerry Taylor Mayor At Large AD Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy i Commissioner I District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings. " · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 4, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Commissioner Mack McCray C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements : 1. The Regular City Commission Meeting of December 21, 2004 has been cancelled B. Community and Special Events: C. Presentations: 1. Proclamations: None IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments to be made: 1 Agenda Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Appointment Length of Term To Be Made Board Expiration Date II McCray Advisory Bd on Children & Youth Alt 1 yr term to 4/05 (Tabled 3) III Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/05 (Tabled 3) Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 I Ensrer Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Mayor Taylor Cemetery Board Alt 1 yr term to 4/05 (Tabled 3) III Ferguson Code Compliance Board Alt 1 yr term to 4/05 (Tabled 3) IV McKoy Code Compliance Board Alt 1 yr term to 4/05 IV McKoy Education Advisory Board Art 1 yr term to 4/05 (Tabled 3) II McCray Education Advisory Board Alt 1 yr term to 4/05 (Tabled 3) III Ferguson Education Advisory Board Stu 1 yr term to 4/05 (Tabled 3) IV McKoy Education Advisory Board Stu 1 yr term to 4/05 (Tabled 2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. City Commission Public Hearing on Fire Assessment- September 14, 2004 2. Agenda Preview Conference - September 17, 2004 3. Regular City Commission Meeting - September 21, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the bid for "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL PARTS AND ACCESSORIES" on an overall basis to the lowest most responsive, responsible bidder. Bid #088-1412-04/0D with an estimated annual expenditure of: $150,000.00 2. Award Bid# 085-1412-04/0D for "ANNUAL SUPPLY OF BRASS FITTING AND ACCESSORIES" on an overall basis to the lowest, most responsive, most responsible bidder who meets all specifications along with brand name, vendor shipping - Estimated annual expenditure of: $200,000.00 2 .-.<~ ..._'--0...__._..._ __,. __M _____,~.~.. __~_ o..___,_~_~~... _ ..-...,.------ ... - .... - ""' -, -- ......-"'-..-~ --~/.- . .-__<.-____,.c~.... Agenda Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 C. Resolutions: 1. Proposed Resolution No. R04-175 Re: Approving the real estate lease for beautification, parking and street encroachment for a portion of the F.E.C. Railroad right-of-way lying within the length of corporate limits of the City of Boynton Beach which is more than 25 feet from the centerline of the northbound track 2. Proposed Resolution No. R04-176 Re: Approving a revised fee structure for Boynton Beach Memorial Park and Sara Simms Memorial Gardens 3. Proposed Resolution No. R04-177 Re: Authorizing an Agreement for Water Service Outside the City Limits with Martha M. Norfus for the property at 1170 Peak Road, Lake Worth, Florida (Ridge Grove ADD NO 1 L TS 238 to 241 INC) 4. Proposed Resolution No. R04-178 Re: Authorizing the execution of cooperative funding agreement no. DG050213 with South Florida Water Management District that will provide $50,000 in reimbursement funding from the District for the South Federal Highway Median Irrigation Conservation project 5. Proposed Resolution No. R04-179 Re: Authorizing the execution of the Urban Group's negotiated contract to purchase property owned by Leo Vincent Poole, located at 206 NW 13th Avenue for $20,000 D. Ratification of Planning & Development Board Action: 1. Ward Variance (ZNCV 04-004) - 230 Gateway Boulevard - Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum rear yard setback of 25' for a single-family home within the R-1-A zoning district, to allow for a variance of 9' and a rear yard setback of 16' 2. Ed Carey Design (SPTE 04-006) - 2600 High Ridge Road - Request for a one (1) year time extension of the site plan approval granted on July 15, 2003, from July 15, 2004 to July 15, 2005 3. Venetian Villas (Plat and Amended Alhambra Square Settlement Agreement) - South side of Southwest 23rd Avenue (Golf Road) approximately 600' east of Congress Avenue - Request for review for compliance with the site plan and amended settlement agreement 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 4. Quantum Park NOPC #14 (MPMD 04-005) - West side of Interstate 1-95, between Miner Road and Boynton (C-6) Canal - Request for Master Plan Modification approval to add the "Office/Industrial & Industrial with Retail Sales" (01 & Ind/R) land use designation to lots 17, 12, 50A and 52 and to change the use designation on lots 81 and 82 to " Governmental & Institutional "within the Development of Regional Impact (DRI) E. Ratification of CRA Action: None F. Authorize the City Manager to work with the Boynton Cultural Centre, Inc. who is requesting the opportunity to define, develop and design use for and operate the Old High School in partnership with the City G. Motion to approve the "DAMAGED COMPUTER EQUIPMENT LIST" (Desktops) as submitted by the Warehouse and allow for the disposal of same H. Approve full release of surety covering the water system for project known as Vermeer Southeast Sales and returning the cash surety in the amount of $1,200 to the developer, Bokhoven & DenBesten, Ltd. 1. Approve full release of surety covering the water and sewer systems for the project known as Survivors Charter School (Quantum Park Lots 18, 19, 18A & 19A) and returning Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust to the developer, 1325 Gateway LLC J. Authorize repair to private property due to utility system damage K. Direct the Occupational License staff to extend the Occupational License renewal deadline to October 31,2004, without application penalty VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Gulfstream Gardens (ANEX 04-003) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Multiple Ownership Location: West side of Federal Highway, approximately 1/ 4 mile north of of Gulfstream Boulvevard Descri ption: Request for annexation of 9.99 acres of partially developed parcels located in unincorporated Palm Beach County (1st READING OF PROPOSED ORDINANCE NO. 04-080) 4 ~ . .------~~ _...........----"-~_.~-,---'"-'_.!-......._.~-> - -~""~..._....._,......""-.. .. - ...""~~---=-->-.--.¡.-~ ,_ -_-<_ _ _<, '""-'> _,...,.c,___=_ Agenda Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 B. Project: Gulfstream Gardens (LUAR 04-004) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Multiple Ownership Location: West side of Federal Highway, approximately 1/ 4 mile north of Gulfstream Boulevard Descri ption: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential; (1st READING OF PROPOSED ORDINANCE NO. 04-081) and Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD) (1st READING OF PROPOSED ORDINANCE NO. 04-082) Proposed use: Multi-family residential development C. Project: Boynton Mango (LUAR 04-011) Agent: Maggie Barszewski Owner: Boynton Mango LLC Location: Northwest corner of Boynton Beach Boulevard & NW 7th Court Description: Request to amend the Future Land Use designation from Low Density Residential (LOR) to Local Retail Commercial (LRC) and rezone from R- 1-A Single-Family Residential to C-2 Neighborhood Commercial (1st READING OF PROPOSED ORDINANCE NO. 04-083) D. Project: Car Rental (CDRV 04-006) Agent: Michael A. Rodriquez, Sachs, Sax & Klein Location: Citywide Description: Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres (1st READING OF PROPOSED ORDINANCE NO. 04-084) IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. City Commission District Boundary Review - December 7, 2004 XI. NEW BUSINESS: XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Tabled to 10/19/04 to allow for conditions of approval to be met) 2. Proposed Ordinance No. 04-076 Re: Abandoning a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat (Janis Group) (Table to October 19,2004 to allow conditions of approval to be met) 3. Proposed Ordinance No. 04-077 Re: Amending Quantum Park NOPC #14 (DRIA 04-001) to create the new land use option "Industrial with Retail Sales" (IndjR) to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional" 4. Proposed Ordinance No. 04-078 Re: Amending Chapter 15 of the Code of Ordinances entitled "OFFENSES-MISCELLANEOUS" Article IV, Community Appearance and Maintenance, Section 15-120 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04-085 Re: Annexation of 0.72-acre partially developed lot located in unincorporated Palm Beach County (Edward Medical Office Building (ANEX 04-004) 2. Proposed Ordinance No. 04-086 Re: Amending the Comprehensive Plan Future Land Use Map for Commercial High Intensity (CH- 5) (Palm Beach County) to Local Retail Commercial (LRC) (Edward Medical Office (LUAR 04-008) 3. Proposed Ordinance No. 04-087 Re: Rezoning from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) (Edward Medical Office (LUAR 04-008) 6 . -.--~- .-. _"~___'-4-"""""._~~--.o;o..;~",-_.~,~_~_............~.____:--~-__ ~ .=.....,---_.............---.......,,.,,""._.....,,......~--'-'-''''_.---,, . . -- ......--------'''' Agenda Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 4. Proposed Ordinance No. 04-088 Re: Abandoning of a 40-foot wide unimproved right-of-way (Northeast 2nd Street) (306 Boynton Beach Boulevard, L.C.) (ABAN 04-005) C. Resolutions: None D. Other: 1. Request for approval from City Commission to grant the CRA the ability to secure debt up to the amount of $19,575,000 secured by the CRA Tax Increment Revenues (YIF) 2. Approval of PBA Mememorandum of Understanding XIII. UNFINISHED BUSINESS: XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 10/1/200412:23 PM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2004\100404 - FINAL AGENDA.DOC 7 VI.-CONSENT AGENDA ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July] 9,2004 [g October 5, 2004 (Noon) September 20, 2004 o August] 7, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October ]8,2004 [g September 2] , 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November ],2004 0 Administrative 0 Development Plans NATURE OF [g Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to multi-award by manufacturer with primary, secondary and third vendor, Bid # 088-1412-04/CJD "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" on an overall basis to the lowest most responsive, responsible bidder. The factors used were price, availability, delivery time and warehouse processing time with an estimated annual expenditure of: $150.000.00."") :- .-')/\ CONTRACT PERIOD: OCTOBER 16, 2004 TO OCTOBER 15, 2005 .-:::' ':.-:;...^ < ..L..~ <1"'- EXPLANATION: On August 24, 2004, Procurement Services received and opened six (6) proposals for th~fer~~ bid. It is recommended to award this bid to all proposers as primary, secondary and third vendor. The fWlu~ factors used in determining the award were based on price, delivery time, and warehouse processing time ~g tíÍ~ percentage off list discount as proposed in their bid. The provisions of this bid award will allow for a one~ yë"~~ extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performa~ an~ ~ determination that the renewal is in the best interest of the City. ~ -S Y" cJ' (<\ g. cO PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of automotive parts/supplies to be inventoried in our warehouse and ordered on an ·'as needed basis" for our Fleet Maintenance Department. FISCAL IMPACT: INVENTORY ACCOUNT: ESTIMATED EXPENDITURE: 502-000-141-000-00 $150,000.00 A~~nce Procurement Services Department Name S:\BULLETlN\FORMSiAGENDA ]TEM REQUEST FORM.DOC C: Dominic DeMauro ~ Warehouse Manager Fi]e ?'.:' ~- ,,- -,. J' ,~ ~ ,. 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(/)-i w -< .þ. ~ cB" @ ~ CJ1 ~ a. ,... In ., :T ~ œ ~ »-n-oCDw¡¡:¡ [ ~ ~ 0 ~~6g~~ §: ~ ~ .. ~ CJ1(") " co ~ -n CD (1)>Z' . . In :!!lJ !II '*t: '*t:;o. m . (')> ~ôìôì~º~ (/) mr-< m oS:m Z~~O~~ m -nCD(/) . ~~ Z m m Z -< enm?5 0 0 ~~~~;!~ ~ S:f)m -< ~~~rGJts m m Z Z ~ en ~I~ (/) m m 3~(»wIm r(')- !llco~w::E"tI 0 CDO:!! ~.þ.o.þ.»;:O Z CCm ~--<g en enzO CD~ --i i'ii-< »;: -<:.. (/) :,Z en ~0 ,,) a. '" RECEIVED PRo~~Mv'CES The City of -~_)I: ___B -#'~ Boynton Beach Finance Department WAREHOUSE DIVISION TO: Mary Munro, Asst to the Director of Finance FROM: Dominic DeMauro, Warehouse Manager ~ DATE: September 13,2004 SUBJECT: Automotive and small truck parts Bid 088-1412-04-cjd I have reviewed the tabulation sheet from your office. The factors used were price, availability, delivery time and warehouse processing time. My recommendation is a multi award by manufacture with primary, Secondary and third vender. ENGINE PARTS FORD CARS Primary Total truck parts . 50%offlist Primary Napa Auto parts 50%offlist Secondary Delray Lincoln Mercury 5%offlist \FORD TRUCKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%offlist Secondary Delray Lincoln Mercury 5%off list BUICKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%off list Secondary General GMC 30%offlist GMC TRUCKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%offlist Secondary General GMC 30%offIist DODGE TRUCKS Primary Total truck parts 50%off list ____........r-~...._~____~-. ~~______.......~~_-_._c_.·~.o;."-""'_~?~_,.._~·.~_,.o PAGE TWO Primary Napa Auto parts 50%off list CHEVROLET CARS Primary Total truck parts 50%off list Primary Napa Auto-parts 50%off list Secondary General GMC 30%offlist CHEVROLET TRUCKS Primary Total truck parts 50%offlist Primary Napa Auto parts 50%off list Secondary General GMC 30%offlist BRAKE SYSTEMS FORD CARS Primary Total truck parts 52%off list Secondary Napa Autó parts 50%off list Third Delray Lincoln 5%off list FORD TRUCKS Primary Total truck parts 52%off list Secondary Napa Auto parts 50%offlist Third Delray Lincoln 5%off list BUICKS Primary Total truck parts 52%off list Secondary Napa Auto parts 50%off list Third General GMC 30%off list GMC TRUCKS Primary Total truck parts 52%offlist Secondary Napa Auto parts 50%off list Third General GMC 30%offlist DODGE TRUCKS Primary Total truck parts 52%off list Secondary Napa Auto parts 50%offlist Third General GMC 30%offlist CHEVROLET CARS Primary Total truck parts 52%off list Secondary Napa Auto parts 50%offlist Third General GMC 30%off list CHEVROLET TRUCKS Primary Total truck parts 52%off list Secondary Napa Auto parts 50%off list Third General GMC 30%offlist CHASSIS SUPENSION FORD CARS Primary Total truck parts 50%offlist Primary Napa Auto parts 50%off list Secondary Delray Lincoln Mercury 5%off list FORD TRUCKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%off list Secondary Delray Lincoln Mercury 5%off list BUICKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%offlist PAGE THREE GMC TRUCKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%off list DODGE TRUCKS Primary Total truck parts 50%offlist Primary Napa Auto parts 50%off list CHEVROLET CARS Primary Total truck parts 50%off list Primary Napa Auto p~s 50%offlist CHEVROLET TRUCKS Primary Total truck parts 50%off list Primary Napa Auto parts 50%offlist MISCELLANEOUS FORD CARS Primary Vehic1e Maintenance 68%-80%off list Secondary Power line Parts 5%-70% Third Total Truck parts 52% FORD TRUCKS Primary Vehic1e Maintenance 68%-80%offlist Secondary Power line Parts 5%-70% Third Total Truck parts 52% BUICKS Primary Vehicle Maintenance 68%-80%off list Secondary Power line Parts 5%-70% Third Total Truck parts 52% GMC TRUCKS Primary Vehicle Maintenance 68%-80%off list Secondary Power line Parts 5%-70% Third Total Truck parts 52% DODGE TRUCKS Primary Vehicle Maintenance 68%-80%off list Secondary Power line Parts 5%-70% Third Total Truck parts 52% CHEVROLET CARS Primary Vehicle Maintenance 68%-80%off list Secondary Power line Parts 5%-70% Third Total Truck parts 52% CHEVROLET TRUCKS Primary Vehicle Maintenance 68%-80%off list Secondary Power line Parts 5%-70% Third Total Truck parts 52% C: BilI Mummert, Finance Director C: Diane Reese, Finance Director -<.--. __~ _-.>._,_______........~-:."__4..."".__ ._x_n_ · VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM 8.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office o August 3, 2004 (Noon.) JuJy 19, 2004 IZI October 5,2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2,2004 0 October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 0 November 16,2004 (Noon) November 1,2004 o Administrative 0 Development Plans NATURE OF 0 Consent Agenda D New Business AGENDA ITEM 0 Public Hearing 0 Legal [g Bids 0 Unftnished Business o Announcement 0 Presentation o City Manager's Report RECOMMENDATION: A motion to multi-award Bid# 085-1412-04/CJD "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to tbe lowest, most responsive, most responsible bidder who meets all specifications along with brand name, vendor shipping. Estimated annual expenditure of: $200,000.00. CONTRACT PERIOD: NOVEMBER 4, 2004 TO NOVEMBER 3,2005 EXPLANATION: On August 25, 2004, Procurement Services received and opened nine (9) proposals for the referenced bid. It is recommended to award this bid to multi vendors as overall "Low Bidders". In some cases lots were kept together. The evaluating factors used in determining the award were based on: price, brand name, vendor minimum shipping. Dominic De Mauro, Warehouse Manager, concurs with this recommendation (per memo attached). Tbe provisions of this bid award will allow for a one (1) year extension at tbe same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the t.!!st interest oftbe City. S ~::;. + -1 PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of brass fittings and a~so~ be ordered on an "As-Needed" basis and stocked in the warehouse for the use of severa) departments. ~ ~ ~ o ;:;:J-< '.-:-~-"':z. --0 -;-\ FISCAL IMPACT: INVENTORY ACCOUNT: ESTIMATED EXPENDITURE: ::1: -~::: _A- 502-000-141-000-00 $200,000 0 ¡::::; ~CD -rn o'þ r<1C"") m ~ ~ ~sistant to the Finance Directors ~w=ent Semee, Cf;:;ii ~lJ Department Name CIty Attorney / Fmance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Dominic De Mauro - Warehouse Manager File RECEIVED SEP~ CITY OF BOYNTON BEACH MEMORANDUM PROCUREMENT SERVICES FINANCE ADMINISTRATION TO: Mary Munro, Asst To The Director of Finance FROM: Dominic DeMauro, Warehouse Manager qIJ DATE: September 14, 2004 SUBJECT: BRASS FITTINGS AND ACCESSORIES #085-1412-04cjd I have reviewed tabulation sheet from your office. I used the following factors in determining this award A) price B) brand name C) vendor minimum shipping. My recommendation is the bid be multi awarded to over all low venders. In some cases lots were kept together. ADAPTOR Ferguson Underground 1,2,3,4,6,7,8,9 National waterworks 5 CORPORATION ADAPTORS Ferguson Underground 10,11 BALL CORPORATION Ferguson Underground 12,13,14 Ball valves -comp x fip Ferguson Underground 15,16,17,18,19 BALL VALVES IPXIP Ferguson Underground 20,21,22,23,24,26 National waterworks 25 BRASS GATE VALVES Ferguson Underground 27,28 TAIL PIECES FOR YOKE Ferguson Underground 29,30 EXPANSION NUTS Ferguson underground 31,32 METER SPUDS Ferguson underground 33,34,35 BRASS CLEAN OUT CAPS Ferguson underground 36,37 BRASS NIPPLES MetaIloy 38,39,40,41,42,43,44,45,46,47,48,49,50 BRASS REDUCER Metalloy 51,52,53 BRASS BUSHING MataIloy Ind 54,55,57 Ferguson underground 56,58,59 · Page two BRASS CAPS Ferguson Underground 60,62,63 MetaIloy 61,64 BRASS COUPLINGS Ferguson Underground 67,69 Metalloy 65,66,68 BRASS ELLS 45 DEGREE Metalloy Ind 70 Ferguson Underground 71,72,73 BRASS ELLS 90 DEGREE Ferguson Underground 75,76,77 Metalloy Ind 74 BRASS TEES Metalloy 78,79,81 Ferguson 80 BRASS PLUGS I.P Ferguson Underground 82,84 Metalloy 83,85,86 BRASS PLUG CC THERD A& Y Mcdonald 88,89,90 Ferguson Underground 87 FORD PACK JOINT Ferguson Underground 92 Hughes Supply 91 L COUPLING Ferguson underground 93,94,95,96 FLANGE PLATES Ferguson Underground 97,98 FLANGE PLATES COMP X FLANGE Ferguson Underground 99,100 UNION BRASS 3-PIECE Ferguson Underground 101,102,103,104 DRESSER Hughes Supply 106,107,108,109 Ferguson Underground 105,110,111,112 CUSTOM SETTER Ferguson Underground 113,114 RAISER FOR METER Ferguson Underground 115,116 National Waterworks 117,118,119,120 FIRE HYDRANT SUPPLIES Hughes Supply 121 , 122 COPER Hughes Supply 123 In addition to over all low prices the following discounts are for items not listed on this bid. 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AGENDA ITEM r~EQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl! Dates in tQ City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.)July 19,2004 ~ CKtober5,2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon)~ober4,2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 2) , 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager' , Report RECOMMENDATION: Resolution to approve the real estate lease for beautification, parking, and street encroachment for a portion of the F.E.C Railroad right of way lying within the length of corporate limits of the City Of Boynton Beach which is more then 25 feet fi"om the centerline of the northbound track. EXPLANATION: For a number of years, the city has held a real estate lease for the above listed property. This docwnent updates the previous agreement, allows for future landscaping, parking etc. and sets a lease amount of$750 per year. For the most part the leased property amounts to an additional 25 feet over the first 25 feet trom the centerline of the railroad tracks. In most places, there is only one track (listed as the northbound track) through the city. A letter of explanation (Exhibit "A" ) and the Actual Lease Agreement is attached (Exhibit "B"). PROGRAM IMPACT: The city currently maintains landscaping we installed on portions of this right of way specifically west of Federal Highway and North of the C-16 Canal (in fi"ont of the north "Welcome to Boynton Beach" entrance monument). We also perfonn contract mowing along most of the remaining property along the length of the tracks. This agreement covers property included on our Greenway/ Bikeway plan and will allow for the installation of native landscaping consistent vr'Ìth the plan. Once specitics are known, future negotiations will be needed to allow for the installation of bike paths FISCAL IMPACT: The current lease is $600 annually. This agreement will raise the annual amount to $750. Funds are available in the Parks Division Budget. AL TERNA TIVES: Decline the lease, remove existing landscaping and abandon ture plans for improvement. ~w:.~Jf~ " / Department Head's Sign e Recreation & Parks Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC .. ~St. Skollll) Ðw' i~ ~"..~ ~ 1 RESOLUTION NO. R 04 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE REAL ESTATE LEASE 5 \VITH FLORIDA EAST COAST RAILROAD FOR 6 BEAUTIFICATION, PARKING AND STREET 7 ENCROACHMENT FOR A PORTION OF THE F.E.C. 8 RAILROAD RIGHT-OF-WAY; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 \VHEREAS, the City Of BO)-11ton Beach has held a real estate lease for a portion of 12 he F.E.e. Railroad right-of-way lying within the length of corporate limits of the City of 13 oynton Beach which is more than 25 feet from the centerline of the northbound track; and 14 \VHEREAS, the City Of Boynton Beach currently maintains landscaping installed on IS ortions of the right-of-way specifically, West of Federal Highway and North of the C-16 16 anal (in front of the north "Welcome to Boynton Beach" entrance monument); and 17 \VHEREAS, the City Of Boynton Beach also performs contract mowing along most 18 f the remaining property along the length of the railroad tracks; and 19 \VHEREAS, City staff has made recommendation to approve the lease which 20 pdates the previous agreement, al1o\vs for future landscaping, parking, etc., and sets a lease 21 ount of $750 per year. 22 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and 25 ereby ratified and confirmed by the City Commission 26 Section 2. The City Commission of the City of Boynton Beach appoves the real 27 state lease with F.E.e. Railroad, a copy of which is attached hereto as Exhibit "A". 28 Section 3. That this Resolution will become effective immediately upon passage. 29 :\CAIRESO\ReaJ Estate\FEC landscaping lease.doc ~-- "~"~~-^""",. _~ __. ____ ~_ -~ ·~__v><_ _> 1 PASSED AND ADOPTED this _ day of , 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 Mayor 9 ]0 11 Vice Mayor 12 13 14 Commissioner ]5 16 17 Commissioner ]8 ]9 20 Commissioner 21 22 23 ity Clerk 24 25 Corporate Seal) 26 27 :\CA \RESO\Real EstateIFEC landscaping lease.doc AUG 2 0 2004 ~Ec} Florida East Coast R A I L WAY, L.L.C August 18, 2004 File: 312-4-28 M.D. "Mike" Bagley Director Industrial Development & Real Estate BOYlvTON BEACH: Lease of space for Beautification, Parking and Street Encroachment Mile Post 310 + 316' Mr. John Wildner, Parks Superintendent The City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Wildner: As part of the Railway's ongoing Lease review and revision program, rentals for Railway's property are periodically amended to reflect changing economic conditions. Additionally, new terms and conditions are added to reflect the changing needs of the a new annual rental charge of $750.00, effective October 16, 2003. Enclosed for your handling for execution are revised duplicate originals of Lease Agreement to cover with changes in language on 9A and 9B. Kindly handle for execution in accordance with instructions attached to the agreements, returning the duplicate originals to this office for completion, after which one fu]]y executed agreement of each wi]] be returned to you for your file. Also, with return of the executed duplicate originals, please include check in the amount of $150.00 for the outstanding balance on your account. The provisions of Paragraph 9B of the agreement requires various forms of insurance coverage as well as Certificate of Insurance naming the Railway as an additional insured. It is the tenant's responsibility to Fovide the Railway current Certificate with the required coverage. Since insurance is normally renewed annually, the Railway must receive a new certificate each year upon renewal as proof of compliance with lease provisions. At this time, we do not have a current certificate on your file. Therefore, request your prompt handling to comply with lease provisions. Please contact me if you have any questions. Your prompt handling and return are requested. Sincerely Yours, $'~. Michael O. Ba ey, rector Industrial Development & Real Estate fa Enclosures EXHIBIT A Ph: (904) 826-2269 · Fax: (904) 826-2322 One Malaga Street · P.O. Box 1048 · St. Augustine, FL · 32085-1048 . -------~----~-~~~--~-_._-- _ _~__~_........_"___.~"..,,_.-~~ . _..._ _ -, ~~ _~ .~~_,;.~____ ._~_~___.__T < ".~--<>-~-.....;.""-.---.;,,~...........~--.../.. ,-.-.~~--- .- REAL ESTATE LEASE Florida East Coast Railway, L.L.c.; a limited liability company existing under the laws of the State of Florida and having an address of One Malaga Street, St. Augustine, Florida 32084 (hereinafter "Lessor" or "Railway") hereby leases to CITY OF BOYNTON BEACH, a Municipal Corporation existing under the laws ofthe State of Florida and whose business address is P. O. Box 310, Boynton Beach, Florida 33425-0310, (hereinafter "Lessee"), the following described property: Leased Premises: All that portion of Railway's right of way lying within the corporate limits of the City of Boynton Beach, Florida, which is more than 25 feet from the centerline of the northbound main track, as shown in yellow on Drawing Nos. F64a, F64b and F64c, excepting those parcels leased to others shown in red on said drawings, attached hereto and made a part hereof. 6737 County: Palm Beach Contract Type:Æ- File: 312-4-28 1. Tenn The tenn of this lease shall date from October 16,2003 and until October 15, 2004 provided that Lessee shall have the option to extend the lease after the expiration ofthe tenn specified in this lease, or any renewals of such tenns, by furnishing Lessor advance written notice of its intent, subject to same tenns and conditions as herein contained in this lease. Lessee shall have no expectation of renewal and that the tenn ofthis lease is only for the time specified herein, subject always to the tennination provisions and regardless ofthe length of time that lessee has occupied the leased Premises, or the construction by Lessee of any buildings, structures, works, paving, barricades or personal property placed on the leased premIses. 2. Rent (1) Annual Rent During the tenn of this lease, the Lessee shall pay to the Lessor an annual rental in advance on or before the 1 st day of each year in the amount of $750.00, plus Florida Sales and Use Tax. Annual rental shall be paid to FEC's office at One Malaga Street, Sf. Augustine, Florida 32084 or as otherwise indicated on invoices. (2) Additional Charges If Lessee's presence or activities on the Lease Premises causes Lessor to incur costs for cleaning, trash removal, inspections, or like expenses, Lessee agrees to pay such cost to Lessor on demand, the amount of such costs incurred by Lessor. Notwithstanding the foregoing, Lessee will pay on demand the greater of the actual inspection costs or $350.00 for any inspection conducted by Lessor or its agents on the Leased Premises the results of which show, in Lessor's sole detennination, a violation of this Lease of any federal, state or municipal law or regulation. Lessee shall also pay on demand the greater of the actual inspection costs or $350.00 for any follow-up inspections related to the violation. (3) Late Charge If any annual Rent or other payment due under this Lease is not received by Lessor within ten (10) days ofthe due date of such payment, Lessee shall pay, in addition to such payment a late charge equal to the greater of 5% of the payment which is past due or Two Hundred Fifty and Noll 00 Do11ars ($250.00). If any payment due from Lessee shall remain overdue for more than ten (10) days, interest shall accrue daily on the past due amount trom the date such amount was due until paid or judgment is entered at a rate equivalent to the lesser of eighteen (18%) percent per annum or the highest rate pennitted by law. Interest on the past due amount shan be in addition to and not in lieu of the five (5%) percent late charge or any other remedy available to Lessor. 2 -- ----~---~---_.. - ~-~. .. ~ __'~""""'-_..-o-._.____.__ 0.__'_ _'__ _ .0._ _____~~_._~....<_~""_.......,.....,--__._ - -~ ._~-",....----._~-......>---..-------- ·_."_O'-""..~~-_-' 3. UtiIity Charges, Taxes, Document Stamps (a) Utility Charges All charges on the premises for all utilities, induding but not limited to water, electricity, gas, heat and sewers and for taxes on Lessee's improvements shall be paid by the Lessee within thirty (30) days after date of invoice. (b) Ad Valorem Taxes Lessee agrees to pay, within thirty (30) days after presentation unto Lessee by Railway, bills for all special assessments, ad valorem taxes and any other taxes of whatsoever kind or nature levied by the United States of America, State of Florida, any county, municipality or special taxing district organized and existing under the laws ofthe State of Florida, upon any of the property herein leased on a pro-rated basis. All taxes and special assessments, payable on an annual basis, are to be pro-rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be tenninated. (c) Document Stamps Lessee shall pay any necessary documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Florida, or both. (d) Sales and Use Tax, Personal Property Tax Lessee will pay the Florida Sales and Use Taxes levied under Chapter 212.02(6)F.S., as amended, or other applicable statutes, and shan pay all personal property taxes that may be levied or assessed against the personal property of the Lessee. 4. As Is, Maintenance The Lessor MAKES NO WARRANTY, REPRESENT A nON OR UNDERTAKING, EXPRESSED or implied, to the condition of the Leased Premises for the proposed use and the Lessee, at its sole cost and expense, hereby agrees to put said premises in such condition for its proposed use and to maintain them in their entirety. The property is leased as it currently exists in an AS IS condition and the Lessee, who has inspected the premises prior to entering into this Lease Agreement, accepts the premises as is and shall henceforth be responsible for any and an repairs and maintenance to the Land, Buildings, facilities and improvements located thereon. Lessee shall perfonn all work required for the preparation of the Leased Premises for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the Leased Premises as now being in fit and Leasable condition for all purposes of Lessee. 3 Lessee wi]] keep the leased property or premises free and clear of any and an trash, brush and debris of any kind, so as to prevent the trash, brush and debris from becoming dangerous, inflammable or objectionable. Railway shan have no duty to inspect or maintain any the Leased Premises during the term of this lease. Lessee shall have no claim of any kind or description for damages to goods, wares or merchandise on the Leased Premises from any cause whatsoever, INCLUDING FIRE, STORM, CASUALTY OR ACT OF GOD, NEGLIGENCE OF LESSOR UNLESS CAUSED BY THE WILLFUL OR INTENTIONAL ACTS OF LESSOR 5. Lessee's Compliance With Law (3) Zoning and Use Regulation Lessee will release Railway fTom any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described. Lessee shaU assume aU responsibility for procuring or complying with any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any governmental agency whatsoever, for building or otherwise, required for the use of the leased property hereinabove described or for the construction of any facilities upon such leased property, and shaU indemnify and hold harmless Railway fTom any Joss, claim or damage suffered by Rai]way for Lessee's failure to properly and completely perform this responsibility, (b) Other Regu]ation The Lessee shaU comply with aU federal, state and municipal regulations as to health, safety, zoning, police, nuisance, fire, water, liquid, solid waste and hazardous waste, highways sidewalks and other matters, and with the regulations of an persons or corporations supplying water, gas, heat, electricity or steam on the premises, and shan indemnify the Lessor against all fines, penalties, expense, damages and costs for violation thereof. Lessee is solely responsible for obtaining any and aU federal, state and local licenses, permits, or other authority for its use of the premises and shall indemnify and hold harmless Lessor against aU fines, penalties, expenses, damage and costs for violation of or failure to comply with any federal, state or local laws or regulations. 6. Hazardous Materials Lessee wiU prevent the presence, use, generation, release, discharge, storage, disposal, or transportation of any Hazardous Materia]s (as hereinafter defined) on, under, in, above, to, or fTom the Leased Premises except that Hazardous Materials may be used in the Leased Premises as necessary for the customary maintenance of the Leased Premises provided that same are used, stored and disposed of in strict compliance with applicab]e laws. For purposes of this provision, the term "Hazardous Materials" wiJ) mean and refer to any wastes, materials, or other substances of any kind or character that are or become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any federal, state or local Jaws. 4 -----_._~ ----~._--~-~~-~-_..--->, -.-----<----;-~..-~.--- .... -._-.~-.._~-..--'-':---... -->-.--- --_~___t~ =~..---",.",- If Lessee's activities at the Leased Premises or Lessee's use of the Leased Premises (a) results in a release of Hazardous Materials that is not in compliance with Applicable Laws or pennits issued thereunder; (b) gives rise to any claim or requires a response under common law or Applicable Laws or pennits issued thereunder; (c) causes a significant public health effect; or (d) creates a nuisance, then Lessee shall, at its sole cost and expense: (i) immediately provide verbal notice thereof to Lessor as well as notice to Lessor in the manner required by this Lease, which notice shall identify the Hazardous Materials involved and the emergency procedures taken or to be taken; and (i) promptly take all action in response to such situation required by Applicable Laws, provided that Lessee shalI first obtain Lessor's approval of the non-emergency remediation plan to be undertaken. 7. Inspection by Lessor Lessor shall have the right, at reasonable times and upon reasonable prior notice to Lessee, to enter the Leased Premises, the Land or the Buildings for the purpose of examining and inspecting the condition of the Leased Premises, Land or Buildings and to evaluate Lessee's compliance with the tenns and conditions of this Lease. 8. ~ Lessee shall not place any signs on the Leased Premises, Land or Buildings except with the prior written consent ofthe Lessor, including consent as to location and design, which may be withheld in Lessor's sole discretion. Any and all such approved signs shall be installed and shalI be maintained by Lessee, at its sole cost and expense and shall be in compliance with all Applicable Laws. Lessee shall be responsible to Lessor for the installation, use, or maintenance of said signs and any damage caused thereby. Lessee agrees to remove said sign prior to tennination ofthe Lease and upon such removal to repair all damage incident to such removaL 9. INDEMNIFICATION OF THE PARTIES A. Indemnification To the extent allowed by law and subject to the limitation of Florida Statutes 768.28, Lessee hereby agrees to indemnify, defend and hold hannless Lessor from and against any and all liability for any loss, bodily injury or property damage, including, without limitation, damage to the Leased Premises or to Lessee's property, consequential damage, all costs, expenses, court costs and reasonable attorneys' fees, imposed on Lessor by any person whomsoever that occurs as (i) ON THE LEASED PREMISES OR (ii) ANYWHERE, INCLUDING BUT NOT LIMITED TO THE LAND, BUILDINGS, ACCESS AREAS, AS A RESULT OF THE ACTS, OMISSION OR NEGLIGENCE OF LESSEE, ITS EMPLOYEES, AGENTS OR CONTRACTORS OR AS A RESULT OF OR ARISING FROM ANY F AlLURE OF LESSEE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE REGARDLESS OF THE CAUSE AND REGARDLESS OF WHETHER A TTRIBUT ABLE TO THE FAULT, F AlLURE OR NEGLIGENCE OF LESSOR. The commercial liability insurance that Lessee is required to carry pursuant to Section 9.B l(a) of this Lease shall include coverage of the foregoing contractual indemnity. Lessor hereby indemnifies Lessee rrom, and agrees to hold Lessee hannless against, any and all liability for any loss, injury or 5 damage, including, without limitation, all costs, expenses, court costs and reasonable attorneys' fees, imposed on Lessee by any person whomsoever, that occurs on the Leased Premises that is caused by or results trom the wiHful or intentional misconduct of Lessor or its employees or agents. The provisions of this paragraph shall survive the expiration or any tennination of this Lease. B. Lessee's Insurance Lessee win throughout the Tenn (and any other period when Lessee is in possession of the Leased Premises) carry and maintain, at its sole cost and expense, the following types of insurance, which shaH provide coverage on an occurrence basis, with respect to the Leased Premises, in the amounts specified with deductible amounts reasonably satisfactory to Lessor: 9.Bl(a) Commercial General Liability Insurance. Commercial general liability ("CGL") insurance covering claims arising from personal injury, death and property damage with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and insuring against legal liability of the insured with respect to the Leased Premises or arising out of the maintenance, use or occupancy thereof. The CGL policy shaH include contractual liability coverage of all such liabilities arising pursuant to the Lease. Notwithstanding the foregoing, as long as Lessee maintains self-insurance up to the statutory limit under Florida Statute 768.28, Lessee's obligation as to the amount ofCGL insurance required under this subparagraph 9.Bl(a) shall be deemed satisfied. 9.Bl(b) Comprehensive Automobile Liability Insurance. Comprehensive automobile liability insurance with a limit of not less than $1,000,000.00 per occurrence for bodily injury, $500,000.00 per person and $100,000.00 property damage or a combined single limit of $1,000,000 for both owned and non-owned vehicles. 9.Bl(c) Excess Liability Insurance. Lessee shall also carry and maintain umbrella liability insurance with a limit of not less than $5,000,000.00 per occurrence. 9.Bl(d) Property Insurance. Extended or broad fonn coverage property insurance including plate glass coverage on a replacement cost basis, with coverage equal to not less than ninety percent (90%) of the full replacement value of all personal property, decorations, trade fixtures, furnishings, equipment, alterations, leasehold improvements and bettennents made by Lessee, and all other contents located or placed in the premises. In the event any casualty occurs, Lessee agrees to pay the difference between the insurance coverage required to be maintained by this subparagraph 9.B 1 (b) and 9.Bl(d) and an insurance policy offering coverage of one hundred percent (100%) of the full replacement value of the property described in this subparagraph. 9.Bl(e) Workers' Compensation and Employees' Liability Insurance. Workers' Compensation Insurance covering all employees of Lessee, as required by the laws of the State of Florida and Employers' Liability coverage subject to a limit of no less than $100,000 each employee, $100,000 each accident, and $1,000,000 policy limit. 9.B.2 Policy Fonn. All policies referred to above, excluding self-insurance aHowed under 9Bl(a), shaH: (i) be taken out with insurers licensed to do business in Florida having an A.M Best's rating of A-, Class IX, or otherwise approved in advance by Lessor; (ii) name Lessor and Lessor's 6 _~ _ _.__.______.___~~~_._-....'_v_~_~. ,--- -~-~-~>-'-----~- ; - -- -~--,,-- ~~>--,-.. --"~---.,,,. -..+--_.---. _.~_ _ __,~....-õ-_... property manager as additional insureds; (iii) be non-contributing with, and sha1l apply only as primary and not as excess to any other insurance available to the Lessor or any mortgagee of Lessor; and (iv) contain an obligation ofthe insurers to notify the Lessor by certified mail not less than thirty (30) days prior to any material change, cancellation, or termination of any such policy. Certificates of insurance on th~ Lessor's standard form or, if required by a mortgagee, copies of such insurance policies certified by an authorized officer of Lessee' s insurer as being complete and current, shall be delivered to the Lessor promptly upon request. If (a) the Lessee fails to take out or to keep in force any insurance referred to in this Section 9.B.2, or should any such insurance not be approved by either the Lessor or any mortgagee, and (b) the Lessee does not commence and continue to diligently cure such default within forty-eight (48) hours after written notice by the Lessor to Lessee specifying the nature of such default, then the Lessor has the right, without assuming any obligation in connection therewith, to procure such insurance at the sole cost of the Lessee, and all outlays by the Lessor sha1l be paid by the Lessee to the Lessor without prejudice to any other rights or remedies of the Lessor under this Lease. The Lessee shall not keep or use in the Premises any article that may be prohibited by any fire or casualty insurance policy in force rrom time to time covering the Premises or the Building. C. Claims Handling If a claim or action is made or brought against either party and for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such matter. 10. Purpose of Lease The premises shall be used only for the purpose of Beautification, Parking and Street Encroachment. 11. No Interference with Railway Operations, Reservation of Rights The Lessee's use and/or maintenance of the Leased Premises shall not in any way, or at any time, interfere with or obstruct the use ofthe Leased Premises or ofthe remaining land of the Lessor by the Lessor, its agents, employees, patrons or assigns. The Lessee will not discharge surface water upon the remaining property and railroad tracks of the Lessor and Lessee hereby expressly releases the Lessor rrom liability for any surface water flowing naturally rrom the remaining property herein leased. Lessee further agrees not to alter the leased premises so as to cause water to drain or flow onto Lessor's property nor so as to cause an undermining ofthe adjacent property owned by Lessor. Lessee shall not have or assert any claim or demand whatsoever for compensation or damages to the Leased Premises or to any improvements now or hereafter erected or property located thereon which may be caused by the operation, maintenance, repair, relocation, or removal of Lessor's railroad or which may be caused by vibration resulting from the operation of said railroad and Lessee releases Lessor rrom any liability for any such damage. 7 No right of way, expressed or implied, over remaining property of Lessor for the benefit of the lease premises is granted by this lease agreement other than as set forth above in the definition ofthe Leased Premises. It is understood between the parties hereto that Railway reserves unto itself, its successors, permittees, licenses, or other persons, the right to construct and maintain other facilities, including but not limited to pipelines and/or communication cables, over and across the Leased Premises, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and shall at all times allow ingress and egress to the Leased Premises by said successors, permittees, licensees or other persons provided that such shall not unreasonably interfere with Lessee's use of the Leased Premises. Lessee acknow ledges the fact that the herein leased property may contain fiber optic communication systems, Railway signal and train control cables and other utilities. Prior to any digging or subgrade work on the )eased premises, you must caIl SUNSHINE for utility locations at 1- 800-432-4770 and the Railway Signal Department at 904-826-2428 for signal and train control cable locations. Proper notification is required for cable locations and field inspections to protect against damages. 12. Termination Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of 30 days notice to the other party as hereinafter provided. 13. Condition of Premises on Termination The Lessee shall not mutilate, damage, misuse, or alter, the Leased Premises, but shall keep the same in good condition and repair, and upon the termination hereof deliver them up, in as good condition as they now are in, or may be put in by the Lessor, ordinary wear and tear, and damages by the elements without concurring fault on the part of the Lessee, excepted: any and all repairs, alterations or improvements made on the premises by the Lessor at Lessee's request shall be at Lessee's expense unless otherwise expressly agreed in writing. Upon the termination or expiration of the Lease, Lessee shall surrender the Leased Premises to Lessor, broom clean and in the same condition as received except for ordinary wear and tear which Lessee was not otherwise obligated to remedy under any provision of this Lease. Lessee shaIl remove all equipment, materials, works, and personal property ("Lessee's Property") prior to termination or expiration ofthis Lease. Lessee shall repair, at Lessee's expense, any damage to the Premises or Building caused by the removal of any of Lessee's personal property, including but not limited to furniture, machinery and equipment. In no event, however, shaIl Lessee remove any ofthe following materials or equipment without Lessor's prior written consent: any power wiring or power panels; lighting or lighting fixtures; millwork and cabinetry; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners, or any other heating or air conditioning equipment; fencing or security gates; plumbing fixtures, water fountains; or other similar building operating equipment and decorations. If Lessee fails to remove Lessee's Property, at Lessor's option such Lessee's Property will become the property of Lessor or at Lessor's option, may 8 - -_._~---~-~-.....--.....,...._~.._--, <~.'-"-'~--~---~-..' ~,--,,---~ --- .. --~" ---¥---.--- -,-">,,,,"... cause removal ofthe same from the hereby leased property or premises and/or storage thereof, and storage of any of Lessee's property and property of others placed by or with Lessee's permission or sufferance on the hereby leased property or premises. The reasonable cost or expense of removal and/or storage of any equipment, materials, works or personal property shall be paid by Lessee to Lessor forthwith upon demand for same. 14. Lessee hnprovements Lessee agrees not to erect or cause to be erected any building or other structure, or any material addition to existing buildings or structures on the leased premises or any other improvements without first obtaining the approval in writing by Railway of the location, material and construction of the same, such approval by Railway not to be unreasonably withheld. Lessee will not make or allow to be made any alterations in or to the Leased Premises without first obtaining the written consent of Lessor, which consent may be granted or withheld in Lessor's sole discretion. Lessor may require Lessee to provide demolition and/or lien and completion bonds in form and amount satisfactory to Lessor. All Lessee alterations will be accomplished in a good and workmanlike manner at Lessee's sole expense, in conformity will all Applicable Laws by a licensed and bonded contractor approved in advance by Lessor, such approval of contractor not to be unreasonably withheld or delayed. All contractor's performing alterations in the Leased Premises shall carry workers' compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Lessor and shall deliver a certificate of insurance evidencing such coverages to Lessor prior to commencing work in the Leased Premises. Upon completion of any such work, Lessee shalJ provide Lessor with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. Any Lessee alterations to the Leased Premises made by or installed by either party hereto wilJ remain upon and be surrendered with the Leased Premises and become the property of Lessor upon the expiration or earlier tennination of this Lease without credit to Lessee; provided, however, Lessor, at it option, may require Lessee to remove any additions and/or repair any alterations to restore the Leased Premises to the condition existing at the time Lessee took possession, with all costs of removal, repair, restoration, or alterations to be borne by Lessee. This clause will not apply to moveable equipment, furniture or moveable trade fixtures owned by Lessee, which may be removed by Lessee at the end ofthe Lease Tenn if Lessee is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Lessor. Lessee will have no authority or power, express or implied, to create or cause any construction lien or mechanics' or materialmen's lien or claim of any kind against the Leased Premises or any portion thereof or any Railway property. Lessee will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and will indemnifY Lessor against losses arising out of any such claim including, without limitation, legal fees and court costs. NOTICE IS HEREBY GIVEN THAT LESSOR WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER LESSEE, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL A IT ACH TO OR AFFECT THE INTEREST OF LESSOR IN THE PREMISES. LESSEE WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY LESSEE PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES. 9 15. Assignment Lessee will not assign this Lease, in whole or in part, or sublease the Leased Premises, in whole or in part, without the prior written consent of Lessor, which consent wiI) not be unreasonably withheld, subject to Lessor's right of recapture set forth below, and in no event will Lessee be released from any obligation or liability under this Lease following any such assignment or sublease. No sublessee ofthe Leased Premises or any portion thereof, may further assign or sublease its interest in the Leased Premises or any portion thereof. All legal fees and expenses incurred by Lessor in connection with the review by Lessor of Lessee's requested assignment or sublease pursuant to this Section, together with any legal fees and disbursements incurred in the preparation and/or review of any documentation, will be paid by Lessee within thirty (30) days of invoice for payment thereof, as additional rent. If the rent due and payable by any assignee or sublessee under any pennitted assignment or sublease exceeds the Rent payable under this Lease for such space, Lessee will pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee. Within fifteen (IS) days after Lessor's receipt of Lessee's request for Lessor's consent to a proposed assignment or sublease, excluding any assignment or sublease to an affiliate of Lessee, Lessor shall have the right to require Lessee to reconvey to Lessor that portion ofthe Premises which Lessee is seeking to assign or sublet. Lessee shall reconvey that portion of the Premises in consideration of Lessor's release of Lessee from all future Rent and other obligations, which would not otherwise survive tennination of the Lease, with respect to the portion of the Premises so reconveyed. Any such reconveyance shall be evidenced by an agreement reasonably acceptable to Lessor and Lessee in fonn and substance. 16. Fencing Before use of the property, Lessee shall erect an Armco-type barricade or a chain-link fence of a type approved by the authorized representative of Railway, along all boundaries of the herein leased ground space, and thereafter shall maintain, repair and/or replace said barricade or fence at Lessee's sole cost and expense. When the barricade or fence is in place, and to expedite the inspection of it, Lessee shall notify: Florida East Coast Railway, L.L.C. P. O. Drawer 1048 St. Augustine, Florida 32085 (904) 826-2375 In the event Lessee does not notify Railway that the barricade or fence is in place within thirty (30) days, then in that event, this Lease Agreement shall be cancelled and Lessee shall immediately vacate the property. 10 ..-_..- _o,ch'-"< ~_,-<, ~ ~"'~_~__ ~_.."" ~---'---~..-"...."...~- - -~-~-~-.-. 17. Care Around Tracks Lessee shall adopt, monitor and enforce reasonable rules and regulations for the conduct of Lessee' s employees, patrons, agents and contractors (including employees thereof) or any other persons using said premises to protect them from injury while on, about or near any track on or adjoining the Leased Premises. 18. Destruction or Damage to Leased Premises If the Premises are at any time damaged or destroyed in whole or in part by fire, casualty or other causes, Lessor shall have sixty (60) days rrom such damage or destruction to detennine in its sole discretion and infonn Lessee whether Lessor will restore the Premises to substantially the condition that existed immediately prior to the occurrence of the casualty. If Lessor detennines not to restore the Leased Premises, it will notify Lessee and Lessee's sole remedy shall be to tenninate the Lease upon prior written notice to Lessor. If Lessor elects to rebuild, Lessor shan complete such repairs to the extent of insurance proceeds within one hundred and eighty (180) days from the end ofthe sixty (60) day period. If such repairs have not been completed within that 180- day period, and Lessee desires to tenninate the Lease as a result thereof, then Lessee must notify Lessor prior to Lessor's completion of the repairs of Lessee's intention to tenninate this Lease. Lessor shall then have ten (10) days after Lessor's receipt of written notice of Lessee's election to tenninate to complete such repairs (as evidenced by a certificate of completion). If Lessor does complete such repairs prior to the expiration of such ten-day cure period, Lessee shall have no such right to tenninate this Lease. Lessee shall, upon substantial completion by Lessor, promptly and diligently, and at its sole cost and expense, repair and restore any improvements to the Leased Premises made by Lessee to the condition which existed immediately prior to the occurrence of the casualty. If, in Lessor's reasonable estimation, the Leased Premises cannot be restored within two hundred forty (240) days of such damage or destruction, then either Lessor or Lessee may tenninate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) days after the date such notice is given. Subsequent to Lessor's detennination to restore the Leased Premises, and until the restoration ofthe Premises is complete, there shall be an abatement or reduction of the Rent in the same proportion that the square footage of the Leased Premises so damaged or destroyed and under restoration bears to the total square footage of the Leased Premises, unless the damaging event was caused by the negligence or willful misconduct of Lessee, its employees, officers, agents, licensees, invitees, visitors, customers, concessionaires, assignees, sub Lessees, contractors or subcontractors, in which event there shall be no such abatement. 19. Default 19.1 DEFAULT. The following will be events of default by Lessee under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an 11 admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all ofthe assets of Lessee; the foregoing shall also apply to all Guarantors; (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Lessee or any Guarantor; (d) Any act which results in a lien being filed against the Leased Premises, the Land, Buildings; (e) The liquidation, termination or dissolution of Lessee or any Guarantor, or, if Lessee or any Guarantor is a natural person, the death of Lessee or such Guarantor; (t) Failure to cure any non-monetary provision of this Lease within 20 days after written notice thereof to Lessee. 19.2 REMEDIES. In the event of any default hereunder by Lessee, then without prejudice to any other rights which it has pursuant to this Lease or at law or in equity, the Lessor shall have the following rights and remedies, which are cumulative and not alternative: (a) Lessor may terminate this Lease by notice to Lessee and retake possession of the Premises for Lessor's account. Lessee shall then quit and surrender the Premises to Lessor. Lessee's liability under all of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any re-entry, repossession, or disposition hereunder, including to the extent legally permissible, payment of all Rent and other charges until the date tills Lease would have expired had such termination not occurred. If Lessor so elects, Rent shall be accelerated and Lessee shall pay Lessor damages in the amount of any and all sums that would have been due for the remainder of the Term. (b) Lessor may enter the Premises as agent of the Lessee to take possession of any property of the Lessee on the Premises, to store such property at the expense and risk ofthe Lessee or to sell or otherwise dispose of such property in such manner as the Lessor may see fit without notice to the Lessee. Re-entry and removal may be effected by summary dispossess proceedings, by any suitable action or proceeding, or otherwise. Lessor shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its actions are in accordance with law. (c) Lessor may relet all or any part of the Premises for all or any part of the unexpired portion of the Term of this Lease or for any longer period, and may accept any Rent then attainable; grant any concessions of Rent, and agree, at Lessee's expense, to paint or make any special repairs, alterations, and decorations for any new Lessee as it may deem advisable in its sole and absolute discretion. Lessor shall be under no obligation to relet or to attempt to relet the Premises greater than that imposed by law. (d) Lessor may remedy or attempt to remedy any default of the Lessee under this Lease for the account of the Lessee and to enter upon the Premises for such purposes. No notice of the Lessor's intention to perform such covenants need to be given the Lessee unless expressly 12 '""~--.~--..~- ~- _. __~ _ ~~"-<-___7-_____'~~-_O<· ~-._~_ _______o-___<'_""._.,,~____'.w_ .--.-..- .<_<~__._o-",,.....,,._·.-.. --~--'-~"~ required by this Lease. The Lessor shall not be liable to the Lessee for any loss or damage caused by acts of the Lessor in remedying or attempting to remedy such default and the Lessee shall pay to the Lessor all expenses incurred by the Lessor in connection with remedying or attempting to remedy such default. Any expenses incurred by Lessor shall accrue interest from the date of payment by Lessor until repaid by Lessee at the highest rate pennitted by law. 19.3 COSTS. Lessee shall pay to Lessor on demand all costs incurred by Lessor, including attorneys' fees and costs, (whether incurred in preparation for or at trial, on appeal, or in bankruptcy), incurred by Lessor in enforcing any of the obligations of Lessee under this Lease. In addition, upon any default by Lessee, Lessee shall also be liable to Lessor for the expenses to which Lessor may be put in re-entering the Premises, reletting the Premises and putting the Premises into the condition necessary for such reletting (including attorneys' fees and disbursements, marshall's fees, and brokerage fees, in so doing), and any other expenses reasonably incurred by Lessor. 19.4 WANER. No delay or omission by Lessor in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a default. 19.5 DEFAULT BY LESSOR. In the event of any default by Lessor of any material tenn of this Lease, Lessee will give Lessor written notice specifying such default with particularity, and Lessor shall have a period of thirty (30) days following the date of such notice in which to commence the appropriate cure of such default. Unless and until Lessor fails to commence and diligently pursue the appropriate cure of such default after such notice or complete same within a reasonable period oftime, Lessee shall not have any remedy or cause of action by reason thereof. Notwithstanding any provision of this Lease, Lessor shall not at any time have any personal liability under this Lease, and Lessee's sole remedy with respect thereto shall be tennination of the Lease. 20. Hold Over In addition to and not limiting any other rights or remedies which Lessor may have on account of Lessee holding over without written consent of Lessor, Lessee shall pay to Lessor any and all direct and consequential damages incurred by Lessor on account of such unapproved holding over including claims by Lessees entitled to future possession. 21. Condemnation If the property or any part thereof wherein the demised premises are located shall be taken by public or quasi-public authority under any power of eminent domain or condemnation, this lease, at the option of the Lessor, shall forthwith tenninate and the Lessee shall have no claim or interest in or to any award of damages for such taking. 13 22. Ouiet Enioyment If Lessee pays the rent and all other charges and fully perfonns all of its obligations under this Lease, Lessee shall be entitled to peaceful and quiet enjoyment of the Premises for the full Tenn without interruption or interference by Lessor or any person claiming through Lessor. 23. No Waiver or Modification None of the provisions hereof shall be waived or modified, except by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entire understanding of the parties and that neither the failure of the Lessor to enforce each and every provision, nor any course of conduct by the Lessor shall be considered as a waiver of these provisions. 24. Successors and Assigns The provisions hereof shaH be binding upon and inure to the benefit ofthe successor, executors, administrators and pennitted assigns of the respective parties. 25. Special Notice Regarding Radon Gas Lessee is hereby notified, in accordance with Section 404.056(8), Florida Statutes, that Radon Gas is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over a period oftime. Levels of Radon that exceed federal and state guidelines have been found in buildings in the State of Florida. Lessee is further notified that additional infonnation regarding Radon Gas, and the testing for Radon Gas, may be obtained from the Public Health Units of the various counties. 26. Restrictions Lessee agrees that no plants, shrubbery, trees or other vegetation that would obstruct the view of motor vehicles or train crews using a crossing at grade, or interfere with the operation oftrains, will be placed on the above described property; in addition to the above restriction, no plants, shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed within two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation exceeds two (2) feet in height, the Railway may trim such vegetation to a two (2) foot height at Lessee's expense; that said plants, shrubbery, trees or other vegetation shall be trimmed by the Lessee so as to maintain this distance from the centerline of the nearest track of twenty-five (25) feet and if such vegetation is closer than twenty-five (25) feet from the centerline of the nearest track, the Railway may trim or remove such vegetation so that no vegetation is within twenty-five (25) feet ofthe centerline ofthe nearest track at Lessee's expense. However, this restriction in no way limits the indemnification provisions of this Lease as set forth in Paragraphs 8 and 9 hereof. Also, no plants, shrubbery, trees or other vegetation of a hazardous nature that might produce injury to any person coming in contact with said plants, shrubbery, trees or other vegetation will be placed upon said property of Railway by the Lessee. The placement of any wells by the Lessee on the property of the Railway is strictly 14 ~,-~ -~,,_.. ~"-.--...,-~"""",--.-...:~-- .- ._O....,....~,....____-'-_._.. .","-''''-_'.'';;-'~A_~_~_.'___'''~.''''-. -. . -~,-=- prohibited. 27. Notices Any notice to be given or to be served upon any party hereunder, in connection with this lease, must be in writing and must be given by certified or registered mail and shan be deemed to have been given and received when a certified or registered letter, containing such notice, properly addressed, with postage prepaid, is deposited in the U.S. Mail; or, if given otherwise than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices shall be addressed to the parties herein at the following addresses: TO LESSOR: Michael O. Bagley, Director, Industrial Development & Real Estate Florida East Coast Railway, L.L.c. P. O. Drawer 1048 (1 Malaga Street) S1. Augustine, FL 32085-1048 TO LESSEE: City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 28. Governing Law This lease shall be governed by the laws of the State of Florida. 29. Cancel and Supersede This agreement cancels and supersedes that certain Lease Agreement dated October 16, 1996 by and between the parties hereto, covering the lease of space hereinabove described. 30. Illegality If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 31. Security Deposit Upon the execution of this Lease, Lessee shall remit to Lessor a security deposit in the amount of $ NONE in cash or other fonn acceptable to Lessor in its sole discretion (the "Security Deposit"). The Security Deposit represents security for the faithful perfonnance and observance by Lessee of each and every tenn of this Lease. Lessor may apply all or part of the Security Deposit to any unpaid rent, additional or late charges as set forth in paragraph 2 of this Lease or any other charges due from Lessee under this Lease, or to cure any other default of Lessee. The Security Deposit shall not constitute liquidated damages. If Lessor uses any part of the Security Deposit, 15 Lessee shan restore the Security Deposit to its full amount within ten (10) days after notice from Lessor. No interest shall accrue to or for the benefit of Lessee on the Security Deposit. Lessor shaH not be required to keep the Security Deposit separate from its other accounts, and no trust relationship is created with respect to the Security Deposit. Lessor shall not be obligated to return the Security Deposit to Lessee upon the expirations or earlier termination of the Lease unless and until all of the following events occurs: (i) the payment in full of all annual rent and other charges due pursuant to the Lease and (ii) the repair of any and all damage to the Leased Premises. 11111111111111111111111111111111111111 111111111111111111111111111111111111111111111111 I11111111I I 1111111111111111111// 111/1111111111111 I11I 16 -------,_.- ,«",----- - -<- - -- "'-~--,-- __ __~___~_....'_,_~,___._,o._ -.,,_--4"____ .c""..__,...~_~ IN WITNESS WHEREOF, the parties have hereto set their names and seals this day of 2004. Signed, sealed and delivered FLORIDA EAST COAST RAILWAY, L.L.C. A Limited Liability Company in the presence of: By: (SEAL) Witness as to Railway R. F. MacSwain, Executive Vice President Attest: Witness as to Railway Assistant Secretary Date ofExecut1on: CITY OF BOYNTON BEACH a Municipal Corporation /- /BY: (SEAL) Witness as to Industry Mayor / (Print Name) /( . Pnnt Name) I /Attest: Witness as to Industry City Clerk ~Print Name) /"(Print Name) ?ate of Execution: 17 '" -~¡,. ""<"",-~-- ,,~ VIa-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3,2004 (Noon.) July 19,2004 IS] October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 2 I , 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve a Resolution revising the fee structure for Boynton Beach Memorial Park and Sara Simms Memorial Gardens EXPLANATION: During the regular Cemetery Board meeting of August 26, 2004, by unanimous vote, the Cemetery Board recommended adjustments to the fee schedule for Boynton Beach Memorial Park and Sara Simms Memorial Gardens. The Cemetery Board conducted a survey of the fee structures for neighboring cemeteries that revealed that the fees for the City of Boynton Beach cemeteries were among the lowest in the County . The board considered the fact that the City cemetery at Boynton Beach Memorial Park is rapidly approaching capacity and considered that they would prefer to revise the fees in a way that would favor residents over non-residents so that we might slow the sales of lots somewhat. The rates determined are listed in Exhibit "A". PROGRAM IMPACT: Fees have been adjusted in a manner that would encourage the use of our City cemetery by City residents. FISCAL IMPACT: Increased fees are available to cover maintenance and operations costs for the cemeteries. ALTERNATIVES: k City Manager's Signature £Æ~ Recreation & Parks City Attorney / Finance / Human Resources S:\BULLETIN\FORÞ.1S\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOì:"NTON 4 BEACH, FLORIDA, AUTHORIZING AN INCREASE 5 IN THE FEE SCHEDULE FOR BOYNTON BEACH 6 MEMORIAL PARK AND SARA SllvIMS 7 MEMORiAl GARDENS; AND PROVIDING AN 8 EFFECTNE DATE. 9 10 \VHEREAS, during the Cemetery Board meeting on August 26, 2004, the 11 Cemetery Board unanimously voted to recommend adjustments to the fee schedule for 12 Boynton Beach Memorial Park and Sara Simms Memorial Gardens; and 13 WHEREAS, staff has conducted a survey of the fee structures for neighboring 14 cemeteries that revealed that the fees for the City of BOynton Beach cemeteries were 15 among the lowest in Palm Beach County; and 16 \VHEREAS, it is the recommendation of staff to adjust the fee structure for 17 Boynton Beach Memoria] Park and Sara Simms Memoria] Gardens, a copy of the rate 18 schedule is attached hereto as Exhibit "A". 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section ]. Each Whereas clause set forth above is hereby ratified as being true 22 and correct and incorporated herein by this reference; 23 Section 2. The City Commission of the City of Boynton Beach, Florida, 24 authorizing an increase in the fee structure for Boynton Memorial Park and Sara Simms 25 Memorial Gardens, a copy of the rate structure is attached hereto as Exhibit "A". 26 Section 3. This Resolution shall take effect immediately upon passage. 27 28 :\CA\RESO\Cemetery Rates.doc .c,__~_~o_, .,,---~--------- <. -.~-_.-~--~-.~ --_..- - - ~.....".<--~~~"" -.<""'......,,.-- 1 PASSED AND ADOPTED this _ day of September, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 :\CA\RESO\Cemetery Rates.doc BOYNTON BEACH MEMORIAL PARK ~ SARA SIMMS MEMORIAL GARDENS FEE STRUCTURE - SUGGESTED INCREASES BOYNTON BEACH MEMORIAL PARK LOT SALE PRICES & REPLAT: CURRENT SUGGESTED INCREASE City Resident or City Property Owner Per Lot $450.00 $525 Non-City Resident or Property Owner Per Lot $750.00 $1,125 Infant Plot (up to 4 years) - resident or non- $50.00 $100 resident Resident rate for small lot for 2 cremains only $200.00 $350 Non-City Resident or Property Owner Rate for $400.00 $525 Small lot for 2 cremains only SARA SIMMS MEMORIAL GARDENS LOT SALE PRICES: CURRENT SUGGESTED INCREASE City Resident or City Property Owner Per Lot $225.00 $325 Non-City Resident or Property Owner Per Lot $325.00 $750 Infant Plot (up to 4 years resident or non- $50.00 $75 resident OPENINGS & CLOSINGS AT BOYNTON BEACH MEMORIAL PARK & SARA SIMMS MEMORIAL GARDENS: CURRENT SUGGESTED INCREASE Weekdays 9:00 a.m. to $330.00 $400 5:00 p.m. Saturday, Sunday & Holidays Anytime $415.00 $500 Infant Plot Anytime $100.00 $100 Cremains Interment or Disinterment Anytime $82.50 $100 Disinterment per body/ No equipment $247.50 $400 charqe Sunday & Holiday Mausoleum $225.00 $225 USE OF EOUIPMENT (tent & chairs) AT BOYNTON BEACH MEMORIAL PARK & SARA SIMMS MEMORIAL GARDENS: CURRENT SUGGESTED INCREASE Partial or Complete 7 Days $100.00 $100 Infant Partial Less than 8 chairs & No Charge No Charge no tent Infant Complete Setup $50.00 $50 7(23(04 jmp S:\CC\WP\CEMETERy\FEE STRUCTURE\CURRENT ÆE STRUCTURE SHOWING SUGGESTED INCREASES - 07-22-04.doc --- "......-----~ . _~_ ~~_>_,__~_~-__~ .____~- ,__<...-._._~___ __'0-+____ '....~c ,__~_,_"._. __. <~~_ ,,_._~___~J___ "'~*'~. ~-->-"-'-"~- -, Meeting Minutes Cemetery Board Boynton Beach, Florida July 22, 2004 Motion Secretary Prainito moved for approval. Motion seconded by Vice Chair Frazier and unanimously carried. VI. Receipt of Sales Reports - May & June 2004 Motion Ms. Morrison moved for approval. Motion seconded by Secretary Prainito and unanimously carried. VII. Unfinished Business A. Parks Division Report Mr. Wildner reviewed the information contained in the report. There were a total of 26 funerals for the month of June, which is somewhat less than usual. Chairman Enkoff inquired where re-sales of plots would be covered in the report. Mr. Wildner noted that there have been no recent re-sales, but occasionally requests are made to sell back a plot to the City. This is handled by the Clerk's Office and would be included in the report. Motion Chairman Enkoff moved to accept the Parks Division Report. Motion seconded by Ms. Morrison and unanimously carried. B. Discussion of Price Survey and Consideration of Potential Cemetery Rate Increases Secretary Prainito reported that Ms. Sarka in the Clerk's Office contacted various entities and municipalities to gather information for a report on what other cemeteries are charging. Ms. Sarka reported that she encountered some difficulty in obtaining prices over the phone. Ms. Sarka contacted and obtained figures from - ~ Palm Beach Memorial Park ~ Royal Palm Funeral Home & Cemetery ~ City of Lake Worth ~ Our Lady Queen of Peace ~ Lake Worth Memory Gardens Ms. Morrison reported that she contacted the City of Delray Beach this morning and obtained their prices. Delray Beach raised their prices for plots this month as follows: 2 Meeting Minutes Cemetery Board Boynton Beach, Florida July 22, 2004 · City residents - $495 · Non-residents - $850 · Infants - Resident- $ 50 · Infants - Non-resident $100 · Openings & closings on weekdays for residents and non-residents - $400 · Openings & closings on week-ends and holidays for residents and non-residents - $500 The previous fee for a non-resident in Delray Beach was $750. The fee for a resident was increased from $450 to $495. Mr. Wildner noted that Delray Beach has a lot of space available because in the past the cemetery had been underutilized and has since expanded. Members commented that the prices for plots being charged by other cemeteries are much higher than Boynton Beach and consideration should be given to increasing fees. Mr. Wildner pointed out that the City of Lake Worth charges $750 for a resident and $1 ,200 for a non-resident. Secretary Prainito noted that the prices charged by Palm Beach Memorial Park begin at $1,150 and go up to $1,750. Chairman Enkoff asked members how they would like to proceed with instituting a rate increase. Mr. Wildner responded that usually the Board would come up with figures for rate increases and present them to the City Commission for consideration. Mr. Wildner recommended reviewing the information for discussion at the next Board meeting. At that time they could decide on how to proceed. Discussion ensured and it was agreed that non-residents should pay a great deal more than residents since cemetery space is dwindling. The members felt obliged to provide for City residents first, rather than to the general public that is looking for an inexpensive burial plot. A recommendation was made to increase the fees for residents to $500 and for non- residents to $1,000. Also, Mr. Wildner pointed out that the fees for openings and closings are very low and consideration should be given to raising those fees. Secretary Prainito pointed out that the fees were raised over two years and are still considerably low when compared to the surrounding communities. When the rates were raised, it was done by calculating the costs for the workers. Currently, opening and closing fees on weekdays are only $330. Secretary Prainito pointed out that the City of Lake Worth charges $500 for openings and closings and after 3:00 p.m. the fee increases to $750. Ms. Morrison inquired if there were different fees for residents and non-residents for openings and closings, and Mr. Wildner responded that the fees are the same. Secretary Prainito pointed out that other cemeteries also charge additional fees for openings and closings after 3:00 p.m. Mr. Wildner explained the increase is due to the costs for paying the crews overtime. 3 --------- -- -----~-- _'__-"'C__->A ..-~_-~_-~,___",.,~_,~___;_~_« _ -__~1~ ~-,-., Meeting Minutes Cemetery Board Boynton Beach, Florida July 22,2004 Chairman Enkoff felt that the cost for a lot should be increased to $525 for City residents and, for non-residents, it should be increased to $1,125. Chairman Enkoff felt that infant plots should be increased to $100. With regard to cremains, he felt that this service would be increasing and he suggested that the cost for a plot for cremains should be increased from $200 to $350. For non-residents, it should be $525. Chairman Enkoff asked for guidance on Sara Sims Cemetery fees. Mr. Wildner noted that these fees were always lower because people of lesser means mainly utilized this Cemetery. Mr. Wildner pointed out that the Cemetery now has a new fence and new sign and he anticipates more usage of this Cemetery. Also, the Cemetery is part of the Heart of Boynton Program and there have been discussions about purchasing the decaying apartment buildings at the site and incorporating this area into the Cemetery to create a much bigger Cemetery. Chairman Enkoff said that considering these circumstances, a fee increase of some kind would be in order. Mr. Wildner felt that in the future, Sara Sims Cemetery would become a viable Cemetery once the main Cemetery fills up. Mr. Wildner recommended increasing the lots at Sara Sims from $225 to $300. Chairman Enkoff felt that the fees for plots in Sara Sims should be the same as the main Cemetery. Mr. Wildner thought that if the fees were too high, this would discourage use of Sara Sims. Chairman Enkoff next suggested raising fees to $325 for residents and $750 for non-residents. The price for infant lots could be raised to $75. With regard to increasing the fees for openings and closings at Boynton Beach Memorial Park, Chairman Enkoff felt that the fees should be at least equal to Delray Beach that charges $400 for weekdays and $500 on Saturday, Sunday and Holidays. Vice Chair Frazier pointed out that the opening and closing fees for an infant were $50 for residents and $100 for non-residents. Secretary Prainito noted that Palm Beach Memorial Park charges $325 for infants during the week and $525 on weekends. Mr. Wildner suggested that opening and closing fees for an infant could be raised to $150. Chairman Enkoff felt that the interment and disinterment of cremains should be raised from $82.50 to $100. He questioned the disinterment cost of a body at $247.50 with no equipment charge and recommended that this be increased to $400. Members felt that the fee for weekend and holiday Mausoleum openings and closings should remain as is at $225. Secretary Prainito inquired what a complete setup consisted of and was informed that it included the tent, chairs, grass and the lowering device. Chairman Enkoff would like staff to look into acquiring a new lowering device that would be more efficient for the vaults. Mr. Wildner said that he would look into it. Mr. Wildner explained that the current lowering device is mechanical, but is hand operated. 4 Meeting Minutes Cemetery Board Boynton Beach, Florida July 22, 2004 Secretary Prainito will prepare a matrix on the recommended increases and the current prices for the Board to review at the next meeting. Mr. Wildner requested that this be included with the minutes so that members would have an opportunity to look it over. C. Report on Cemetery Survey Mr. Wildner reported that Smith & Associates began the survey this week at the Cemetery. This company has done a great deal of work for the City's Engineering Division. They will also be contacting the original surveyor to obtain information to assist with the survey to make certain that the information is accurate. They anticipate that the survey will be completed by Friday of next week. As soon as Mr. Wildner receives the survey, he will send copies to the members for their review. This should assist in replatting of the Cemetery. Once this is completed, the surveyors would begin the replatting process that would be done in conjunction with the Engineering Division. Mr. Wildner anticipates that this could take several months. Ms. Morrison inquired if Mr. Wildner would still be employed by the City during this process and he stated that his retirement date was September 30th. However, he informed his supervisor that he would be willing to continue assisting with the replatting of the Cemetery as a volunteer advisor. Secretary Prainito inquired who would be the new liaison to the Cemetery Board and Mr. Wildner stated that there have been discussions that his replacement would be a Parks Superintendent, which is a lower level than his grade. That person would more than likely take his place as the Board liaison. Secretary Prainito inquired if it would assist Mr. Wildner if the Board met more often prior to his retirement. Mr. Wildner did not think that this was necessary since he would be available as a volunteer advisor for the next several months. VIII. New Business A. Proposed rule change regarding protective caskets Mr. Wildner noted that it had been a rule of the Cemetery that a sealed casket must be used in the Mausoleum. Mr. Osborne was not in favor of this rule because it increased the price of a casket, thus making his Mausoleum a little less competitive compared to the cost for ground burials. As a result, in 1996 there were some proposed changes to the Cemetery rules that were approved by the City Commission. One rule change was intended to eliminate the distinction between sealed and other type caskets, but a casket was required. Somehow during this rule change, the entire rule requiring a casket was accidentally eliminated. However, staff always felt that it was a requirement that a sealed casket must be used until a question arose last month. The City received a request to take delivery of a body that was being disinterred up north to be entombed in the Mausoleum. Staff was not certain whether the body was in 5 ~-----.......--.... -<_. _.__ ~__o_ _____.,.0 -', -__.1>_ , .--,,-=~-~'<"'" Meeting Minutes Cemetery Board Boynton Beach, Florida August 26, 2004 V. Receipt of Revenue/Expense Sheets - July 2004 Chair Enkoff asked how the Cemetery workers were paid. Mr. Wildner responded that they were paid from a separate fund for cemetery workers within the Cemetery Fund using budgeted money approved by the City Commission. Motion Ms. Morrison moved to place the Revenue/Expense Sheets from July 2004 on file. Ms. Hohner seconded the motion that passed unanimously. VI. Receipt of Sales Reports - July 2004 There were no questions on the Sales Reports for July 2004. Motion Ms. Morrison moved to place the Receipt of Sales Reports from July 2004 on file as presented. Secretary Prainito seconded the motion that passed unanimously. VII. Unfinished Business A. Parks Division Report Mr. Wildner reported that there had been a total of 31 funerals: 17 in ground, 13 in the mausoleum, and 1 with cremains in ground. Chair Enkoff asked about whether staff had considered the special lowering equipment he had recommended at the previous meeting. Mr. Wildner commented that staff had looked into it and would like to obtain one. Chair Enkoff directed staff to obtain prices for this equipment. B. Review and Discussion of Possible Cemetery Rate Increases Secretary Prainito noted that this had been discussed at the Board's previous meeting. Mr. Wildner stated that if the Board recommended the changes, they would be forwarded to the City Commission for review and approval. Part of the recommendation should be when the new rates would take effect. The Board reviewed and discussed the proposed changes and felt they were appropriate. Motion Ms. Morrison moved to approve the suggested increases in Cemetery Rates. Ms. Hohner seconded the motion that passed unanimously. The changes are as detailed in a chart attached to the minutes and will be made part of a formal recommendation to the City Commission. 2 __ _.~__, ___ _~_,___ ._~=-~--...____~~, o.~~~ >~----~_<.....-.......~-=--_ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.3. AGENDA ITEM REQUEST FORM Requested City Commission Date FiDaJ Form Must be Turned Requested City Commission Date FiDaJ Form Must be Turned.m ~Dates in to City Clerk's Office Meetin~ Dates to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 121 October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 ("") -Cì :=:t '.:) :::.. -< o September 2], 2004 (Noon) September 7, 2004 o November ]6,2004 (Noon)November 1,2oo{/) --< ;~:J rr\ -'1 " -ù ,:- c:1 N <\0 , 0 0 0 -'-- Administrative Development Plans """ ....... 121 0 ~ ( .; --' NATURE OF Consent Agenda New Business ~ 0 - ~J-:r:- AGENDA ITEM 0 0 - -,-, Public Hearing Legal - -.,CJ .. _f"1 0 Bids 0 Unfinished Business c..n (J ::P Ñ rrìn 0 0 Presentation :r: Announcement 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Martha M. Norfus for the property at 1170 Peak Rd, Lake Worth, Florida (Ridge Grove ADD NO 1 LTS 238 to 241 INC). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CasdelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recendy been completed on this stree4 allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERN ~,s S;gnatme .". Department Name ~/)~- City Attorn I Finance I Human Resources XC: Dale Sugerman (wI copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIl\1ITS AND COVENANT 7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 8 BEACH AND MARTHA M. NORFUS; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 \VHEREAS, the subject property is located outside of the City limits, but within our 13 ;vater and sewer service area, located at 1170 Peak Road, Lake Worth, Florida (Ridge Grove 14 dd No 1 Lots 238 to 241 mC); and 15 \VHEREAS, the parcd covered by this agreement includes a single-family home 16 ocated in the San Castle/Ridge Grove project area; and 17 \VHEREAS, a water distribution main has recently been completed on this street, 18 Bowing for the service to this parcel. No additional construction will be required by the City 19 o serve this property. 20 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY C01UMISSION OF 21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 23 eing true and correct and are hereby made a specific part of this Resolution upon adoption 24 ereo f. 25 Section 2. The City Manager is hereby authorized and directed to execute a Water 26 ervice Agreement between the City of Boynton Beach, Florida and Martha M. Norfus, 27 hich Agreement is attached hereto as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 30 31 :ìCA\RESO\Agreements\Water ServíceìNor[us Water Service Agreement.doc --------~-,--......... _. 7-Y~_ ----~ -,-----~ -- .-- .. - -._--------_.~<----~.~--"'~ ,--,>_.",_~"~~_'___-"~_~_- _ ~"_-_'~k· ..-~-,.---~ 1 PASSED AND ADOPTED this _ day of October, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 ity Clerk 24 25 :\CA \RESO\Agreements\Watcr Service\Norfus Watcr Service AgreemenLdoc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS 1\GREEMENT made on this _ day of _ ,200 d, by and betweeI] lVI. a(v-/---tv¿~ JVj £1ik hereinåfter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW TIIEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide ~tomer with water service :ITom its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are I ð Equivalent Residential Connections which City shaH service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confoI11lance with all codes, rules and regulations , 1 -------'_._-"-'~~-~--->- - ~-., ~. ~_ -0- _ > .-"___~,....~____.~-',_....~___,_,~ - ---" _._ -~_d>~..._~_-~."" __-___0_-___'-- - .;-- ~>- - applicable to the installation and maintenance of water service Jines upon the Customer's premises. AH such lines shaH be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shaH have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work perfoITIled, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shan be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. An connections shaH be made in accordance with the Codes and regulations of Boynton Beach. þ 5. Title to aH mains, extensions and other faciJities extended fTom the City Water Distribution System to and including the metered service to Customer shan be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay an charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordínances and rate schedules which are applicable which may be changed fTon1 time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shaH be provided by the Customer to the City. 8. The Customer shaH, contemporaneously execute and de1iver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or chanenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to tlÌe City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or Jack of service shaH in no way impair the power of attorney nor constitute a diminution or lack of consideration. i 2 9. Annexation is intended to be and is hereby made a covenant runÌÙng with the land descnòed in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and an successors and assigns. JO. lt is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shan have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th~ CitYs reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) rrom and against an claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment col1ection) and costs rising out of or resulting fTom the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be va1id upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this l!/!day of Sef+et4< ber' ,200!l. SS: INDNIDUAL(S) AS OWNER(S): Witness Signature ~~tJ+d Owner ignatut ~~ F ~.f- M~ ~/$1Iid1Js Pnnted WItnesS Name Printed Owner Name ~~~ Witness Signature SVSfJ-Af Co/bty¡ f Printed Witness Name 3 .----- ...,,~-->---- --- .._.~~...-< ~ .--,-_._~, ---...,-~-- ~...- -..,-- :_'-~~_"_~r' µ~-~ - ~~7t' ~ Owner Signature ~ Witness Signature ~~ W'-~ /fb.t!fp ~~ 6 Printed Witness Name Printed Owner Name ~~~,- Witness Signature - S-u J/tAl CotL- / If 1"' Printed Witness Name ~ FOR INDNIDUAL (S) NOT ARIZA nON: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared (~~ -<.~.Q..,. ~ r\ to me known to be the person(s) described in and who executed the forego' instrument that he/she acknowledged before me tha~ he/she exe~uted .the s~~t the individual was personally known to I?e or provided the f'ìnowID~ proof of IdentificatIon. l -:\\;: \---\~ q. ~- <::; S 4- - 3<7 - 6 a \ - 0 ç . WITNESS my hand and official seal in the County and State last aforesaid this \ 4~ day of e~'N'-- bQ -( , 200.!t. (Notary Seal) WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City, Clerk , 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fTeely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to fonn: City Attorney i 5 - - -<-"-~.~ ---~-«~- -'~~->'~"-""~~<<>-~""'¡'¡"- THIS INSTRUMENT PREPARED BY: James "- Cherof. EsquIre JosIas & Goren, P A 3099 East Commercial Blvd. Suite 200 Fllauderdale. Fl 33308 ~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLO¡:rA COUNTY OF a( 1tÆ, t-t'61CÁ IIWe; ¡1J.rfk,.. /ÝorFllJ i1ketr vi J iÆ f . hereinafter "Grantee". hereby make. constitute. and appoint THE CITY OF BOYNTON BEACH. FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead. for the soJe purpose of executing on behalf of Grantee the power to initiate, maintain. and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any , t available means. The real property w~ich is the subject of this power is described as follows: 00- 4:3 -lfS -é)'1-0q ~ 000 - 7,g80 . The powers and authority of my attorney. THE CITY OF BOYNTON BEACH. .. . -#--. FLORIDA, shalf commence and be in full force and effect on the /~ day of ~~. 204 and the powers and authority shall be irrevocable by Grantee. , , (~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the / day of ScpfenJur ,in the year two thousand and -hu.'é. Sealed and delivered in the presence of ~, ~.~. F- \ ':? 1~ trf -~k5 Át'øÞ C\... \A..'" Printed Owner Namef1. Printed Witness ~ ~~ " Witness Signature SUr It- JJ ú/~rýtJ Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT ~as acknowledged before me this~day of ~~~ '(' , 20~. by jl4a r~ .~ o{ Rv-s ~ Ië?-tlS·- L\~~ and. , . . , who. are known to me or who have duced 'ÇL '1¿L 't H~ 5;;;Y-3<¡~ äsi&ê~tfication d who didJ~ an oath. ~,-~0J2Ø PU~L~ ~\6\.~wQ\\ Type or Print Name Commissiòri\Nò. My Commission Expires: POA'ND --~'--~'-""""-'--"""-'-- ---.-..-.-;¡--...---".-- ~,-.-~-~....---.- .--, - - -, ,--.-~ -- ---- _.,...~_....-.--_ _,-. -.' ___~ ,-_ ,.ti-~_ --~--=.....- Palm Beach County Property Appraiser Property Search System Page 1 of 2 ~~FZjE.""~,!l',J~''i1:1'~" l';'F-\ Property Appran;er's Pëb!íc A:ce" S.,'srem¡ Ui~.~~~·~~,:~.' ~ ~ . ;:; -~ ~ ,. ¡ - ., :'- Property Information Location Address: 1170 PEAK RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-2380 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 09424 Page: 1462 Sale Date: Aug-1996 Legal Description: RIDGE GROVE ADD NO 1 LTS 238 TO 241 INC Owner Information Name: NORFUS MARTHA M ~·_--""'il Mailing Address: 1170 PEAK RD LAKE WORTH FL 33462 5924 Sales Information Sales Date Book Page Price Sale T}fp~ Owner Aug-1996 09424 1462 $39,000 WARRANTY DEED Sep-1995 08938 1761 $43,000 WARRANTY DEED Jun-1985 04579 0694 $100 WARRANTY DEED [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2004 P Tax Year 2004 Improvement Value: 0 03 Number of Units: 1 Land Value: 28 47 *Total Square Feet: 1574 Total Market Value: $68,51 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living .rea. P = Preliminary Values Assessed and Taxable Values Tax Year: 2004 P Assessed Value: $68,51 ~ Exemption Amount: Taxable Value: Tax Values Tax Year: 2004 P Ad Valorem: $1,33 Non Ad Valorem: 19 Total Tax: $1,52 ~--~ ~ I'Mk"'~>'1If:ß>'~'~'1 Record Search I Information Exemptions I Community I Employment New Home Buyer I Office Locations Value A~tment Board I Save Our Homes I Senior Corn~ I Disclaim~I tiome I Link§ I Glossary I E~ I Forms I Contact Us I E-APA http://www.co.palm-beach.flus/papa/aspxlweb/detail_info.aspx?p _ entity=0043450909000... 9/1412004 III 0200 ! (' I I "-J' .......... ~ ~~,'~ ,. ~~.~ " ~~;c .. - . :0 0161 .'-- . J . I , J_ -- -J J J ! 1 ~ ----BRowJ~~:i~jl -...... _...__.J. 0210 ---; 1 in. = 123.3 feet Ii: 0151 . I' --._- ..----...---..-. . b 0152 - -- -...-... _.... '" -...--- J;U 0220 0010 [8 0030 0080 0142 0040 0050 0060 :".:¡' :':'¡:. ::9]" 10 i,. 0020 '\ 0230 0141 (6 0 0090 !~ 3170 _.. _.::~.:~..~:f3C 0240 0130 3110 3130 3150 ) 0100 "- I 0110 u:mJE!~D.__..._ ,..____ / -- ------00- 'T--- ; 0120 0010 0120 3090 3070 ~06( s05C 3030 ~O::: _::~:~_.j._:990 0130 0020 0112 2490 l~1( i)52( 253(1 55C 21;60 111:161 ~ 0140 0030 0111 n A IIlil:[:==:::::::= .L 0150 0040 , :, ,'. :. ;1' j~IT~; - I 'A~~r ~ ;;:~. ~ J-"'¡¡;'Illilt"~,, 'i!~!!i: 1~1:;P ~~~,~.,. '" ~-~. - ';¡'ilii~ :1- "'!m" 0160 0050 2480 2460 >45( ~44~ 2420 <." ~+'. 'I~ n~r 2360 Ig 0092 ('" , '. , i~'\:~II~1 .' ~ _ ~ >= ~ !:< "~~: -:: ;.1, ~ d "A- In.... a ~ :) A: J :~.,,". . ,,~~,~m~,H 0170 ~ 0060 009~ I , _ . _ ~ . . ,-,.., lìt:JjL~ - 1870 89~ 1900 1920 1930 951' 9E¡~ 9n 198 99 , I: 0180 0070 I.L ....11 W:IR[::::..:- JL 0190 0080 1980 85[ 84C 83[ 821 811 1791 178:r7;f~['751 74[, 0200 0090 0210 0100 87U881119scb841 0821 0810 0791 07~:-E80 b751 01 0110 :.\20 IIAMD R[]L-._ ~ftftJ ftftftft -.. 0120 l ~31 ) J J ftft... ---- ---- ,--- Location Map - Exhibit "A" .~. , "',,'. Þ ·1 ~ .,...-..... . - --,._-~---""".""-"-",,,-~,-,, . - .-".~--.~-~. --.---- VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October S, 2004 (Noon) September 20, 2004 o August 17, 2004 ONoon) August2,2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18. 2004 C September 21 , 2004 (Noon) September 7,2004 o November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF IZI Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 AnnoWlcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve Resolution authorizing execution of cooperative funding agreement no. DG050213 with the South Florida Water Management District that will provide $50,000 in reimbursement funding from the District for the South Federal Highway Median Irrigation Conservation project. EXPLANATION: This project will include the conversion of existing irrigation systems to a drip- or low-flow system, and the installation of suitable landscaping along Federal Highway from Ocean Avenue southward to Gulfstream Boulevard. The cooperative funding agreement requires that the City of Boynton Beach complete the project within one year from approval of the agreement, submit a rmal schedule, submit a 6-month progress report, and provide all supporting documentation at the completion of the project in order to obtain reimbursement of $50,000 of the project cost. The agreement also includes stipulations governing those eligible uses for the grant funding. PROGRAM IMPACT: Completion of this project will reduce the demand upon the City's potable water system by reducing the overall demand for irrigation along S. Federal Highway. FISCAL IMPACT: The estimated cost for the project portions covered by the grant is $100,000 of which $50,000 is reimbursable. This amount does not include costs for engineering, and permitting. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Continue to use the current system for irrigating the subject areas, and maintain landscaping with a higher irrigation deman than that which is proposed by this rant project. UTILITIES I>eparttnent~ame City Attorney / Finance / Human Resources XC: I>ale Sugennan (w/copy of attachments) Peter Mazzella " Barbara Conboy " I>ebbie Majors, Recreation ..Ió. Mary Munro, Finance I>ept. " File " '" S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC -- - -"-~ ~_. ..............,.-=-~.-- - ~_________ ~_.o_"'...~_____ __.i-_ SOUTH FLORIDA \VATER MANAGEMENT DISTRICT .. 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TOO (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . wwwsfwmd.gov ADM 28-06 September 9, 2004 Mr. Peter Mazzella, Deputy Director OO~©~ßW¡g1Þ) City of Boynton Beach SEP 1 5 2004 124 E. Woolbright Rd. Boynton Beach, FL 33435 BOYNTON BEACH UTILITIES Subject: Contract No. DG050213 South Federal Highway Median Irrigation Conservation Dear Mr. Mazzella: Enclosed are two (2) copies of the subject contract. Please have them signed by an individual with signature authority on behalf of your organization. Return both copies to my attention. Do not date the documents; a fully signed and dated contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, ~~ Penelope Burger Contract Specialist Procurement Department PB/sj Enclosure c: wi attachment Bruce Adams, 4350 GOVERNING BOA.RD EXECUTIVE OFFICE Nicolás J. Gutiérrez, Jr., Esq., Chair Michael Collins Kevin McCarty Henry Dean, Executive Director Pamela Brooks-Thomas, Vice-Chair Hugh M. English Harkley R. Thornton Irela M. Bagué Lennart E. Lindahl, PE Trudi K Williams, P.E. II 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORlZING AND DIRECTING THE CITY 5 MANAGER TO EXECUTE A COOPERATIVE FUNDING 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 7 AND SOUTH FLORIDA WATER IvV\NAGEMENT DISTRICT, 8 PROVIDING FOR A $50,000.00 GRANT FOR THE SOUTH 9 FEDERAL HIGHWAY MEDIAN IRRIGA nON 10 CONSERVATION PROJECT; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 \VHEREAS, the City of Boynton Beach has been awarded a $50,000 grant from the 14 South Florida Water Management District Savings Incentive Program; and 15 WHEREAS, the City will be converting the existing irrigation systems to a drip or 16 low flow system, and the installation of suitable landscaping along Federal Highway from 17 Ocean A venue southward to Gulfstream Boulevard; and 18 \VHERAS, with the award of this grant, the South Florida Water Management 19 District has agreed to reimburse the City for construction costs in an amount not to exceed 20 $50,000. 21 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 28 and directs the City Manager to execute a Cooperative Funding Agreement between the City 29 of Boynton Beach and the South Florida Water Management District in connection with the I 30 South Federal Highway Median Irrigation Conservation Project; a copy of which is attached S:\CA\RESO\Agreements\Grants\South Florida Water Management $50kGrant So Fed Median.doc I \ _. __ ___________n_ __ .___ _~______~~~_.._._ ___ ~--~-"- -~-' ,->- .- _~ _,.-<u, -_"'-" ___'t!- I 1 hereto as Exhibit "A". 2 Section 2. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of , 2004. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 29 :\CA\RESO\AgreementsIGrants\South Florida Water Management $50kGrant So Fed Median.doc OR\GiNAl 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT Recipient: Agreement Number: DG050213 City of Boynton Beach Governing Board Approval Date: July 15, 2004 Recipient's Project Manager: Mr. Peter Mazzella District FundingAmount: $ 50,000.00 Deputy Director Address: 124 East Woolbright Road Boynton Beach, Florida 33435 Telephone No: (561) 742-6404 Fax No: (561) 742-6299 SFWMD Project Manager: Bruce Adams Address: 3301 Gun Club Road West Palm Beach, FI 33406 Telephone No: (561) 682-6785 Fax No: (561) 681-6264 Insurance: Not Applicable Federal Employer Identification Number: 59-6000282 Project Title: South Federal Highway Median Irrigation Conservation. Description: Federal Highway medians from Ocean Avenue south to southern city limits at Gulfstream Blvd. Agreement No. DG050213, Page I of 10 . .~._.__._-.~~~~. ..... . O>."'''_~._~____ >----~ .- . -------.....--..........-~ '->-~~' .~-<'~,-"#< -'- ~_. - .--, . _:-._-~._~~ This Agreement is entered into between "the Parties", the South Florida \V at er Management District (SFWMD), the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the tenns and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely install and perfonn all work items described in the "Statement of Work," attached hereto as Exhibit "C", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever fonn reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or tennination of this Agreement. 1.3 The Recipient shall submit to the District, proof of Florida Department of Environmental Protection and SFWMD pennit applications as part of the documentation package (Refer to Article 8.5). ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of perfonnance of this Agreement shall commence upon the last date of execution ofthis Agreement and shall continue for a period of one (1) year. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. Agreement No. DG050213, Page 2 of 10 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "C". By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "C". 3.3 The Recipient hereby agrees that it shall not use District funding for any work associated with the design and permitting aspects of the Project. District funds shall only be used for non-capital costs for the purchase and installation activities described in Exhibit "C". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "C". The Recipient shall provide certification that all installation has been completed in accordance with Exhibit "C" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due fiom the District shall be forty-five (45) days fiom receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, ES. and upon satisfaction of the District conditiQ11s as detailed in the Agreement. Failure of the Recipient to fo11ow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. A11 payments due fiom the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section sha11 bear interest fiom thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid Agreement No. DG050213, Page 3 of 10 - ..... ,.-- .........-..., - --,-,-<.,.. -~.-.--~"---.......-<._--~,-~...,-, ".~-~-- ..-_.~" -,--~~......."-,--",, balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the District. 4.4 Upon award ofthe Agreement, the Recipient shall provide to the District a detailed schedule ofthe Project. The Recipient shall provide three (3) copies of progress reports every six months to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule of Tasks and Deliverables Exhibit "D", attached to this Agreement. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers. The Project Managers shall be responsible for overall coordination and oversight relating to the performance ofthis Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shan be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (District Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 An correspondence to the District under this Agreement shall reference the District's Agreement Number. Agreement No. DG050213, Page 4 of 10 ARTICLE 6 - TERMINATION I REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part II, F.A.c., "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions ofthe Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II, EA.C. in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. Agreement No. DG050213, Page 5 of 10 ._~~ r - =~_,~~~-~~ --_> ~-.- . ~ - -TO -___~-__ - - -.~ <- '--~". ---.~---< -- -"--4..- - -- 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as foHows: A. Maintenance of Records. The Recipient shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shan be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. Agreement No. DG050213, Page 6 of 10 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for cJaims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shan be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and pennits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing perfonnance of this Agreement. A delay in obtaining pennits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary pennits in a timely manner, either party may elect to tenninate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, trom participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take an measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees hannless from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the perfonnance of the Agreement. The District shall have the right to, approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Agreement No. DG050213, Page 7 of 10 .-- L . .- <.>~..~---------, < 4.,",__ __L~.___. "_."'..>~"'<>Ii-. --,""'.~-~...- The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in the Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b) Exhibit "c" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference Agreement No. DG050213, Page 8 of! 0 11.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shan it re1ieve the other Party fTom perfonning any subsequent obligations strictly in accordance with the tenns of this Agreement. No waiver shaH be effective unless in writing and signed by the Party against whom enforcement is soughL Such waiver shan be limited to provisions of this Agreement specificany referred to therein and shan not be deemed a waiver of any other provision. No waiver shan constitute a continuing waiver unless the writing states otherwise. 11.4 Should any tenn or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the tenn hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other tenn or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in fun force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that an publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out ofthis award wiH require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and an written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legal1y bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shan insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. DG050213, Page 9 of 10 ..---"^,-' -*"-' _.~ - .____>_.__0_ .->-..~~~-_.._-.{. - ~~~-".-...--'- IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: SFWMD Office of Counsel Approved By~¡ø( Date~~Y Recipient's Legal Name: By Authorized Official: Title: Date: Date: r - dO-o,/ / Agreement No. DG0502 I 3, Page 10 of 10 EXHIBIT "c" STATEMENT OF WORK INTRODUCTION Prior to 2000, the parks maintenance division began refining methods of irrigation and plantings compatible with low water demand, low maintenance labor costs and above average appearance. Pursuit of this mission several lessons were learned: · The mandatory water restrictions of2001 required design where all plantings were of similar water requirements · Low water demand plantings that survive efficient weed control chemicals became a requirement · Plantings that required extensive maintenance or required periodic replacement were removed from project areas as well as those contributing to safety hazards · Selecting plantings that gave a 'clean manicured look' with added flowering colors or variations of leaf colors were selected · Methods of design where plantings would give the greatest benefit to the view of the eye with the minimum number of plants was another lesson applied to public areas · Utilizing irrigation methods with technology advances such as subterranean 'drip irrigation' and better irrigation controllers, reducing our water demands · Conserving existing trees and shrubs already in place and combining with new plantings to extend the area being converted to low water use conservation In February of2003 a full-time Water Conservation Coordinator position was created in the City of Boynton Beach Utility department. His research of the progress of the City's conservation progress revealed successes in the efforts of the parks/city properties maintenance divisions. With further refinements, the Conservation Coordinator has begun more fonnal support of landscape conversions, which show a lasting water conservation effect. PROJECT JUSTIFICATION The forest and grounds division has converted island landscaping to drip irrigation and low water demand plantings on Federal Highway from Boynton Beach Boulevard to the north City limit. On the average these metered islands showed a water savings of 66% and up to 85% in many cases. This has allowed us to drop our maintenance costs fiom turf to woody ornamentals by 90%. Year-round colorful blooming plants give a great look that is pleasing to the eye. For the conservationist, the statement that 'better is cheaper and prettier' is a fact. In 2003 the Utility department began to fund further City property conversion to low water demand irrigation and plantings. The health and nature of the ornamental plantings reduces the amount of insecticide and fungicide usually needed for turf; this is a significant environmental step. Exhibit "C" to Agreement OG050213, Page 1 of 3 ~ -<------ ",,,,,,,,,,- ... - , ----_....--- ._~_ ____~__.__ ___.. _ _.... __=00 . ,-~ - -- ---~~,-.~,;" So, for this two mile long median area on Federal Highway from Ocean Avenue south to southern limit of City of Boynton Beach at Gulfstream Boulevard and which uses 1,049,000 gallons monthly we expect a 59% reduction in usage of7.6 million gallons yearly. This represents $20,900.00 yearly savings in water costs. PROJECT OBJECTIVES To replace turf with low water demand ornamentals to lower water demand to achieve a 'true' conservation of water resources. To replace spray head irrigation system with low volume drip irrigation to save water resources to support existing trees and hedges and new woody ornamentals replacing the turf To enhance conservation by reducing evaporation by proven methods such as mulching To arrange plantings at edges to give a full coverage landscape appearance and combine with existing trees/ornamentals to further maximize coverage. This will reduce ornamental installation costs and their future maintenance. ST ATEMENT OF WORK Rationale: Further City conservation effort by following Consumptive Use Pennit requirements. Methodology: Replace turf along Federal Highway medians with low water demand plantings & drip irrigation. A. Convert all median taps to low flow irrigation installations from Ocean A venue to southern limit of City of Boynton Beach at Gulfstream Boulevard B. Install low water demand plantings for the 2-mile length of Federal Highway medians and install low flow irrigation tubing and controls and mulch. This will reduce demand on water plants and cut overall water usage by 59% LOCATION OF THE PROJECT Project location is within the boundaries of the City of Boynton Beach, Federal Highway medians, from Ocean Avenue to southern limit of City of Boynton Beach at Gulfstream Boulevard (a distance of two miles). This area averages about 20 feet wide and is the center highway medians of Federal Highway. See attached map. Exhibit "C" to Agreement DG050213, Page 2 of 3 PROJECT SCHEDULE AND DELNERABLE September 1, 2004- December 1, 2004 Conform to all legal requirements in selecting contractors for low flow irrigation installation, plants and plantings and mulching suppliers. March 1, 2005-May 1,2005 For the first 25% of the 23 medians: Layout low flow drip irrigation lines, install and connect to irrigation supply. Install plantings, mulch. May 1, 2005-July 1, 2005 For the second 25% of the 23 medians: Layout low flow drip irrigation lines, install and connect to irrigation supply. Install plantings, mulch. July 1, 2005-September 1, 2005 For the third 25% ofthe 23 medians: Layout low flow drip irrigation lines, install and connect to irrigation supply. Install plantings, mulch. September I, 2005-November 1, 2005 For the fourth 25% of the 23 medians: Layout low flow drip irrigation lines, install and connect to irrigation supply. Install plantings, mulch. Exhibit "C" to Agreement DG050213, Page 3 of 3 -- .........~--~- -~~?_---.. -. ·>.·.._~~-.~__·_~·'-__o_·._.._ ,.....-. EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. · All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of$ 50.000.00. All payments are subject to District fiscal year appropriations. Total $ 50,000.00 Exhibit "D" to Agreement DG050213, Page 1 of 1 ~~___"__.......... - ..,"_~__~._ .-_,..___~~__.._-~_ _"'""_~__~--'o~ '__.;F'.~ ~ .-._..,o_~~.. VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 r;g October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 (") r; t~') --i ----- ~ ~--~ -... (/) -< f..,-:) 0 0 r--' -" Administrative Development Plans ----~ G J --. ,.~, I2J 0 r"'--.' ;_r, C) NATURE OF Consent Agenda New Business C) .~~~~ AGENDA ITEM 0 Public Hearing 0 Legal -.::--~.:> £ _-=,--1 C:J D Bids 0 Un[mished Business - :=)z _.- '-~ï1 D D .- -q c.J Announcement Presentation --.¡., (J S-~ J> D City Manager's Report ....:::> . .'(J ...... RECOMMENDATION: Motion to approve and authorize the execution of a Resolution accepting the Urban Group's negotiated contract to purchase property owned by Leo Vincent Poole, located at 206 NW 13th Avenue for $20,000. EXPLANATION: The appraised market value ofthe property is $12,000. Although the contract purchase price is in excess of appraised value, Mr. Poole was firm in his asking price and had planned to build a new house on the property. In the event the City does not accept the counter offer negotiated by the Urban Group, it is likely this property will have to be purchased through litigation. PROGRAM IMPACT: This is the third of five pieces of property that are essential to the development of the Wilson Center Project. FISCAL IMP ACT: Funds for this task are available in account #302-41 13-580-61-01. AL TERNA TIVES: ill --~_._. City Manager's Signature . Recreation & Parks Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- i 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, I 4 FLORIDA, AUTHORIZING THE ACQUISITION OF 5 PROPERTY FOR THE WILSON CENTER PROJECT FROM 6 LEO VINCENT POOLE AND AUTHORIZES THE CITY 7 MANAGER TO EXECUTE ALL NECESSAR Y 8 DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. 9 10 \VHEREAS, the City Commission, upon recommendation of staff, has deemed it to be 11 n the best interests of the citizens and residents of the City to accept the Urban Group's 12 egotiated contract to acquire property located at 206 NW 13th Avenue, Boynton Beach, owned 13 y Leo Vincent Poole, for the amount of $20,000.00, as part of the implementation of the 14 ilson Center Project. 15 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 eing true and correct and are hereby made a specific part of this Resolution upon adoption 19 ereo f. 20 Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby 21 uthorize the acquisition of property from Leo Vincent Poole, in the amount of $20,000.00, for 22 he implementation of the Wilson Center Project and authorizes the City Manager to execute 23 11 necessary documents. 24 Section 2. This Resolution shall become effective immediately upon passage. I 25 \CA\RESO\ReaJ Estate\Purcbase from Leo Poole - Wilson Center Project-doc I PASSED AND ADOPTED this _ day of October, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor II 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 ity Clerk 23 24 Corporate Seal) 25 26 27 28 29 :\CA \RESO\Rea] EstatdPurchase from Leo Poole - Wilson Center Project-doc NEGOTIATION SUMMARY & RECOMMENDATION FOR SETTLEMENT Seller: Leo Vincent Poole Site Address: 206 NW 13th Avenue Boynton Beach, Florida 33435 Parcel: 6-2 Legal Description: Lots 503 and 504 of Cherry Hills, according to the Plat thereof, as recorded in Plat Book 4/ Page 58, of the Public Records of Palm Beach County, Florida Parcel Identification Number: 08-43-45-21-14-000-5030 Property Assessment Value: $ 9,590.00 (2004 Preliminary) Appraised Fair Market Value: $12,000.00 Date of Value: May 7, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the above-referenced property for $20/000.00. Mr. Poole was firm in his asking price and had planned to build a new house on the property. He stated the City had informed him that his lot could be developed with a single-family home. However, after demolition of the existing structure, and development plans were submitted, he was told the lot was non-conforming and could not be developed. Mr. Poole claims he would have never demolished the existing structure had he known this information, and is seeking to recover a small portion of his development expenses he incurred. His list of development expenses includes: demolition permits, application fees, and architectural and engineering plans. Buyer's Position: The City 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 7, 2004, the fair market value of this property is $12/000.00. This contract is contingent on the City approving the contract in the amount of $20,000.00, and a closing within the month of November 2004. Page 1 of 1 The Urban Group, Inc. . 1424 South Andrews Avenue. Suite 200· Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 . FAX 954_522_6422 Negotiation Summary & Recommendation for Settlement Leo Vincent Poole - 206 NW 13th Avenue, Boynton Beach, Florida September 13, 2004 Page 2 The language found in the City's 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 City's costs and property owner's costs of proceeding through Order of Taking and trial were obtained from Goren, Cherof, Doody & Ezrol, P.A. and historical information obtained from the Department of Transportation's Legal Counsel in Fort Lauderdale, Florida. They projected the City and owner's combined litigation costs to exceed $35,500.00 ($12,500.00 property owner's costs + $23,000.00 agency costs). The breakdown of costs is as follows: Typical Eminent Domain Litigation Expenses PROPERTY OWNER'S CITY'S COSTS COSTS Appraisal Costs (update & testimony) $6,500.00 $6,500.00 Court Costs (Depositions, Mediation, Service of Process, $0.00 $5,000.00 Sheriff Fees, Notice of Action, Court Reporter, Jury Transportation) Suit Preparation Fees $0.00 $5,500.00 Attorney Fees $6,000.00 $6 000.00 Total Potential Costs of Litigation $12,500.00 $23,000.00 Commentsl Recommendations: Although, the contract purchase price is 66.67% in excess of appraised value, this only equals $8,000.00 over fair market value. Comparable vacant land sales located in the subject area indicate an average value of $15,000.00. In the event the City does not accept the counteroffer, it is likely this property will have to be purchased through litigation. In closing, we recommend the City accept the property owner's counteroffer of $20,000.00. By agreeing to the aforementioned terms, the City can avoid risk-exposure related to a jury verdict above appraised value, and avoid additional owner attorney, appraisal, contractor, expert witness fees, court costs, and Order of Taking (O.T.) preparation costs. Page 2 of 2 Negotiation Summary & Recommendation for Settlement Leo Vincent Poole - 206 NW 13th Avenue, Boynton Beach, Florida September 13, 2004 Page 3 Respectfully Submitted: mL 9-/3-0<1 Maggie Pinares Date Realty Specialist The Urban Group, Inc, Review -C) .- C1 - , ~ c- 0'1 Barry Lazarus Date Project Manager City of Boynton Beach: Wally Majors Date Recreation and Parks Director City of Boynton Beach Board Approval: Date Chair, City of Boynton Beach Attachments: Appraisal Review Appraisal (2) Original Contracts Copies of Notices provided at Initiation of Negotiations CC: Howard Steinholz, Barry Lazarus, File Page 3 of 3 AGRFFMFNT FOR PlJRrHASF ANT) SAT F OF RFAT PROPFRTY TillS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH, (hereinafter referred to as "PURCHASER"), and Mr. Leo Vincent Poole, (hereinafter referred to as "SELLER"), WTTNFSSFTH In consideration of the mutual agreements and upon and subject to the tenns and conditions herein contained, the parties hereto agree as follows: 1. T)FFTNTTTONS. The following tenns when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 T .~nil/Pmperty. That certain parcel of Land located in Boynton Beach, Florida, together with any improvements thereon if applicable. The Land is more particularly described on Exhibit "A" which is attached hereto and made a part hereof. The Land is also sometimes referred to herein as the "Property." 1.2 r1o~inß. The delivery of a Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 r1o~inß T)~te. The date upon which the closing occurs. 1.4 Deed. A Warranty Deed, which shall convey the Land from SELLER to PURCHASER. 1.5 F~me~t Money. The sum of One Hundred and no/lOO ($100.00) Dollars has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein. PURCHASER shall make an additional deposit in the amount of One Thousand One Hundred Dollars ($1,100.00) upon the expiration of the 75 day Inspection Period. 1.6 SFT T.FR'S Aòòre~s. 1970 N.W. Isth Street, Boynton Beach, FL 33435 Page 1 1.7 PI JR rH A SFR 'S A (klress. City of Boynton Beach: 100 East Boynton Beach Boulevard, P.O. BOX 310, Boynton Beach, Florida 33425-0310, with copy to Donald J. Doody, Esquire, GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.9 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PlTRrHASF AND SAT F. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land, previously identified on Exhibit "A", for the total purchase price of TWELVE THOUSAND J ~a:v,oO DOLLARS and NOll (.$12,000.~ and upon and subject to the terms and conditions '-VP hereinafter set forth. 2.1 F:1rnest Money. PURCHASER has deposited and placed in an escrow account maintained by GOREN, CHEROF, DOODY AND EZROL, P.A. monies in the amount of ONE HUNDRED AND NOlloo ($100.00) DOLLARS. The Escrow Agent is located at: GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale, Florida, 33308. This contract is contingent upon the Boynton Beach City Commission approving this agreement and the other contingencies set forth in Section authorizing the appropriate city officials to consummate the transaction. This contingency, together with any other contingencies Page 2 set forth in this Agreement, shall be fulfilled or waived by Purchaser within the Inspection Period, as defined in Section 3 hereof. 2.2 R::Jl::Jnrf' of PIJrrh::1sf' Pricf'. PURCHASER shall pay the balance of the Purchase Price to SELLER at closing by cash or by certified check, or by wire transfer to SELLER'S bank account of current federal funds. 2.3 The Purchase includes an rights, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Land due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; 3. TNSPFCTTONS. Buyer shall have until 5:00 P.M. on the date which is sixty- (60) calendar days (the "Inspection Period") after the execution of this agreement in which to conduct such investigations and inspections as to, among other things, the Property, the physical condition thereof, the environmental condition thereof, the market value thereof, the status, standing and transferability of any licenses applicable to the Property or any part thereof or any business operations conducted thereon, the feasibility of the purchase of the Property for Buyer's purposes, matters of zoning and all other matters with respect to the Property which are in Buyer's judgment relevant to Buyer's determination whether to purchase the Property or to tenninate this Agreement and, without limitation to the foregoing, within which to obtain all necessary authorizations. SeIler shall cooperate in good faith with Buyer in Buyer's efforts to investigate the Property during the Inspection Period. To the extent permitted by law, Buyer shaIl ¡ P"OI> ~ indemnifY Seller from and against any loss, damage, cost or expense incurred by Seller as a result of Buyer's inspection of the Property, and Buyer shaU, fo11owing any such inspections, promptly restore the Property to the condition existing immediately prior to such inspections. If for any reason whatsoever, in Buyer's sole discretion, Buyer determines during the Inspection Period that it does not wish to purchase the Property and to dose the transaction contemplated hereby, Buyer shal1 have the absolute right to terminate this Agreement by giving written notice of such tennination to SeUer in the manner hereinafter provided for the giving of notices, prior to the expiration of the Inspection Period. Upon receipt of such notice the Deposit shal1 be returned to Buyer and thereafter this Agreement shaH be deemed terminated and of no further force and effect and both parties shal1 be released and relieved of any liability or obligations hereunder. If Buyer does not provide notice of termination prior to the expiration of the Inspection Period, then it shall be presumed conclusively that Buyer is satisfied with its investigation, and thereafter Buyer shall have no further right to terminate this Agreement in accordance with the provisions hereof, and, shaH be obligated to close the transaction contemplated herein on the Closing Date. 4. rONDTTTON OF THF PROPFRTY· DTSrT.A TMFR OF , RFPRFSFNT A nONS. 4.1 Buyer hereby expressly acknowledges and agrees that except as and to the extent expressly provided to the contrary in this Agreement: (a) Seller makes and has made no warranty or representation whatsoever as to the condition or suitability of any portion of the Property for Buyer's purposes, (b) Seller makes and has made no warranty, express or implied, with regard to the accuracy of any information furnished to Buyer, and Seller shall not be bound by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will have made by the end of the Inspection Period a complete and thorough examination and inspection of all portions of the Land, on the basis of its inspection, Buyer is thoroughly familiar Dr.__ A with all portions of the Property (induding without limitation, whether or not hazardous or toxic materials are· or have heretofore been located on or under or generated from any portion of the Property), zoning, land use restrictions, utility availability and hook up costs (induding, without limi-tation, whether or not septic tanks are permitted or prohibited) and all other matters relevant to Buyer:, (d) Buyer~vill have determined by the end of the Inspection Period that the condition of all portions of the property is satisfactory to Buyer, (e) notwithstanding the nature or extent of the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property in its condition without requiring any action, expense or other thing or matter on the part of the Seller to be paid or performed and, upon acceptance of the Deed at Closing. (f) Buyer will have obtained by the end of the Inspection Period all necessary approvals for its purchase of the Property, induding, without limitation, if the Buyer is a municipality or agency of any government, all necessary authorizations from any council, commission, governing board, and the like, together with all necessary appraisals to fulfill the requirements of law relating to the value of the Property for purchase, all the foregoing of which shall be deemed to have been acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no warranty, express or implied, concerning any portion of the Property, its condition, the use to which it may be put, any environmental matters, or any other thing or matter directly or indirectly related thereto or hereto. In accordance with Section 161.57(2) Florida Statues, Buyer hereby waives being furnished any information by Seller related to whether or not any portion of the Property lies seaward of any coastal construction control line (as defmed in Section 161.053, Florida Statutes) and any such information shall be compiled by Buyer, if Buyer desires, at Buyer's sole cost and expense (the foregoing is not a condition to Closing, and regardless of the information learned, Buyer shall not be entitled to tenninate this Agreement). The provisions of this section shall survive Closing and delivery of the deed of conveyance. ~ P"op " 5. EVTDFNrF OF TTTT F. 5.1 Title to the Land. SELLER shall convey to PURCHASER at dosing, by delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions of record. Within ten (10) days of the execution of this Agreement, Purchaser shall secure a title insurance commitment insuring PURCHASER'S title to the Land subject only to those exceptions set forth in the commitment and acceptable to PURCHASER. All costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. PURCHASER shall have ten (10) days from the date of receiving said commitment to examine said commitment. If PURCHASER objects to any exception to title as shown in said commitment, PURCHASER shall within ten (10) days of receipt of said commitment, notiry SELLER in writing specirying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specirying an uncured objection, in which event all instruments and monies held by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the Dn rra. h. uncured objection. 5.2. Sllrv~y ~nrl T pe~l Dpsrription During the Inspection Period, PURCHASER shaH order: (i) a true, complete and reproducible tracing of a current survey map (current is defined to be certified within fifteen (15) days of the date of the Agreement), prepared by a registered Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land, and the location of any easements thereon and certifYing the number of acres (to the nearest one thousandth acre) of Land contained in the Land, improvements and encroachments; and (ii) a correct metes and bounds legal description of the Land which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shaH be prepared and certified by a surveyor licensed and registered in the State of Florida and shaH comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the titJe insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the Land non-contiguous to any other portion of the Land or any other matter materially affecting the intended use or marketability of title to the Land (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it wiII not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER I S use of the Land as a self ~ D"CTA 7 storage facility. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shaH be governed by Section 5.1 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 6.0 RISK OF T 055. 6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER untjJ the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. (a) In the event the Land, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, PURCHASER may elect to terminate this Agreement, in which event the entire deposit and interest shall be returned to PURCHASER and neither party shall have any further claim against the other, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to any condemnation awards, whether pending or already paid. 7. TR A NSFFR OF TITT F .~I TR IFr.T TO. The Land shall be conveyed subject only to those exceptions as set forth in paragraphs 2.3, 5.1 and 5.2 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Land. (b) Unpaid assessments payable after the date of the transfer of title. 8. A T) IT JSTMFNTS AT r.I OSIN G. In the event that, following the Closing, the amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of D'J fTØ Q - ...~~----- . c_." the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate. This provision shall survive the Closing. 9. rIOSING T)ATE ANT) PI ArE. The closing wi1l take place at an office and time mutually agreed upon no later than (I5) days subsequent to the expiration of the inspection period, time being of the essence. 10. T) FE AT TT .T . If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, the deposit and interest shall be forfeited to SELLER as agreed upon liquidated damages. In the event of such default by PURCHASER, SELLER I S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. In addition to the other remedies which PURCHASER may have specifically set forth in this Agreement in the event of SELLER I S default, PURCHASER shall be entitled to equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. II. rOSTS. SELLER shall be responsible relative to the costs and expenses related to the documentary stamps affixed to the Warranty Deed. The costs related to the survey, the appraisal and the costs and expenses incurred relating to the recording of the Warranty Deed and obtaining an Owner's Title Policy shall be the responsibility of the PURCHASER. 12. SF} T FR'S WARRANTIFS. SELLER hereby acknowledges and warrants to the best of its knowledge that all of the following statements are true and correct as of the date of Closing and shall survive the closing. (a) There are no leases, letting or tenancies affecting any part of any of the Land except tenant leases and there are no written or oral promises, understandings, agreements or commitments between SELLER (or any predecessor of SELLER) and any tenant f D~fTA 0 or other person affecting the Land. (b) DELETED. (c) SELLER is not in default in any of SELLER'S obligations to any supplier of any materials or services obtained or to be used in connection with the property. AJJ of the representations, warranties and covenants of SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 13. PTTRf:HASFR'S WARRANTIFS. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct and all shall survive the closing: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the performance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and no further action or approval is required in order to constitute this Agreement as a binding obligation of the PURCHASER. 14. FNFORrFARTT JTY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 15. rONTTNGFNrmS. PURCHASER'S obligations under this Agreement is contingent upon: D-:HTØ 1 () (a) The PURCHASER obtaining authorization from the City Commission of BOYNTON BEACH authorizing the City officials to consummate this transaction. (b) The PURCHASER obtaining one (1) appraisal from appraiser pursuant to Section 253.025 (6)(b) of the Florida Statutes (2001). The appraisal shaH show the Land to have an appraised value equal to or exceeding the Purchase Price as set forth in Section 2. In the event the appraisal value does not equal the Purchase Price, the City Commission may elect to terminate this Agreement. (c) The PURCHASER obtaining a satisfactory Environmental Phase I Audit. In the event, the Environmental Audit is not satisfactory, the City Commission may elect to terminate this Agreement. (d) If upon the expiration of the inspection period the City determines that the Land is unsuitable for any intended use, they may elect to terminate this agreement and receive an immediate return of the deposit. Notwithstanding anything to the contrary contained in this Section 15 or elsewhere in this Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety within the Inspection Period. In the event that the purchaser has not furnished SeHer with written notice of termination of this Agreement during the Inspection Period in the manner herein for providing notices, it shall be conclusively presumed that any and all contingencies to the Purchaser's obligation to purchase the Land in accordance with the terms and conditions of this Agreement have occurred, been performed and/or waived, and the Purchaser shall be obligated to purchase the Land on the closing date. 16. NO T .TARTT TTY. Unless this Agreement is executed by both parties within the specified time period, neither party shall be obligated to perform the covenants herein contained. ¡ DnorYC1>. 11 17. FFFFrTTVF DATF. Unless both SELLER and PURCHASER execute this Agreement by September 30, 2004, this Agreement shall be null, void and ineffective. This Agreement shall be deemed effective as of the last date that the document is executed by either PURCHASER or SELLER. 18. GOVFRNTNG T.A W. This Agreement shall be governed by the laws of the State of Florida. 19. FNTTRF AGRFFMFNT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 20. NO OR AT. CH A NGF. This Agreement may not be changed or amended orally. 21. ST TrrFSSORS. This Agreement shall apply to and bind the distributees, executors, administrators, successors and assigns of SELLER and PURCHASER. 22. RADON GAS: 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. 23. rOTTNTFRPARTS· This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 24. The parties hereto agree that a facsimile copy hereof and any signatures hereto shan be considered for all purposes as originals. 25. RROKFR: a) Seller represents that it has not listed the property for sale or otherwise Page 12 entered into any agreement for the payment of a real estate brokerage commission regarding the sale ofthe property with any broker or any other person entitled to be paid a brokerage commission in accordance with Florida law. b) SeUer hereby indemnifies and holds Purchaser harmless from and against aU liability, cost or expense, including reasonable attorney's fees whether trial be brought or not, in the event the representations of SeUer are false or incorrect or in the event of any claim that is made against Purchaser, by any person who claims to be entitled to a real estate brokerage commission as a result of having entered into an express agreement with the Seller for the payment of a commission ,- I D<>cyp 1 ~ IN WITNESS \VHEREOF, the parties have executed this Agreement as of the dates indicated be]ow. \VITÑ'ESS: P-LJRCHASER: CITY OF BOYNTON BEACH, a Florida Municipal corporation (Print NameÎ) BY: Mayor (Print NameÎ) DATE: SELLER: ~õ [~ 7-14 LEO VINCENT POOLE [éYJ 1)- ¿'7 C<-Y '7 fio/~-/ (Print NameÎ) (Print NameÎ) DATE: q~/1~()Ý \VITNESS: ESCROW AGENT GOREN,CHEROF,DOODY AND EZROL, P.A. (Print NameÎ) By: (Print NameÎ) DATE: H:\200I\OlOO78\Agreemem for Purchase and Sale (Draft 3).doc D'~(Tp 1 A ~-----~--- .. EXHIBIT "A" Property Address: th Boynton Beach, FL 206 NW 13 Avenue, Vacant Land Legal Description: Lots 503 and 504 of Cherry Hills according to the plat thereof as recorded In plat book 4, page 58 of the public records of Palm Beach County, Florida. , Property ID: 08434521140005030 I D""." 1" .........:.. . "-~. . ,/-' ..... QI1YOF ... .... jBoVNTON EACH '·,·..,.N":Ø' OFFER OF JUST COMPENSATION August 12, 2004 Mr. Leo Vincent Poole 512 NW 11th Avenue Boynton Beach, FL 33435-3053 Deaf Mr. Poole: The purpose of this letter is to make you an offer of just compensation for your property located at 206 NW 13th Avenue, Boynton Beach, Florida 33435. Mr. D. Craig Keneipp, Certified General Appraiser, on behalf of the City of Boynton Beach, has established the amount of just compensation for your property at $12,000. This amount is based on the fair market value established by an appraisal and approved by a review appraiser. The City of Boynton Beach 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 Just Compensation. If you have any questions about this matter¡ please do not hesitate to call me at (954) 522- 6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. I look forward to hearing from you soon. Sincerely¡ THE URBAN GROUP, INC. Agents for City of Boynton Beach >ìJ{J~ Maggie Pinares Realty Specialist Accompanying Attachments · Establishment of Just Compensation · Summary Statement of Offer of Just Compensation · Real Estate City Disclosure BB-WRC 07/04 .~__~_~_h:_< "__,~~ .._"~~>.~_. _ ~_ _.__ .,_~, ,.~ ___n_ _~ <--" _,~_ ......... .. & . .' Clrrt Of.: . - - - , . - - - - -. .... ...... .i; _TON IØCH ·.:'."'édl',;"'J· ;- .':" .' ~.; ',.;..i.' r' ...;'; ESTABLISHMENT OF JUST COMPENSATION PROPERTY LOCATED A T 206 NW 13th Avenue Boynton Beach, Florida An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the property identified above to be $12,000. A review of this appraisal has been made by Mendel R. Westberry, MAl, 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, I, D. Craig Keneipp, on behalf of the City of Boynton Beach, hereby established the just compensation for the property identified above to be $12,000. The City 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. . /7 ))j/b¿u~~ 8!',~/o<f Delivered By Date --0,. t fiz~ ý' /;7}-/6 Y Receipt Acknowledged By Date I / BB-WRC 7/04 ·.. ".... ':"-, ··········..Cf'fYOf. ..' .... ..................................................................;' DI\..·.·... .." {.·.<..~N> fT.~.···1f\.·...·. ,N..<· Ð...." :I'ë....;"......::...'...' A...,.',....p. ,..... U..·. >.'. -.. - - ~ - - ;/- qy -, - J-:IFY· - .:- 1;JE;~~vn , , .~. _. .~ .--,;-_00· SUMMARY STATEMENT OF OFFER OF JUST COMPENSATION Mr. leo Vincent Poole 512 NW 11th Avenue PROJECT NAME: Wilson Recreation Center Boynton Beach, FL 33435 PARCEL NO,: 6.2 Dear Mr. Poole: As you are probably aware, the City of Boynton Beach 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: Vacant Land The City 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 City's offer of just compensation for the property required for the Wilson Recreation Center project is based on the Fair Market Value of the property and that the City's offer to you is not less than the approved appraised value of tr' property . The following represents a summary of the City of Boynton Beach's offer to you and the basis therefore: Vacant Residential land $ 12,000 Real Estate Damages $ N/A Total $ 12.000 This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional information you may require can be obtained through the City's Representative that contacted you. If 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. 114 or 110. Sincerely, THE URBAN GROUP, INC. Agents for,5Jj of Boynton Beach '>rhh/~ /J ,,'" r \/ ~ ~'»' // ) Maggie Pinares / / . }/7/ / /.( d~J-<' g IÍ ~/(,) <./ 0:..,/ . l~.· ....."'L,._,v-- ---.,¡;-' -~ I ' Delivere~ By . f]¡./ Date . '.. , y~ rt¡¿~ ð-'/JJ-/o{ Receipt Acknowledged By Date I . BB-WRC 7/04 . ~.. .~.._o_... :_~_'""_~ _ _-.,__. .....-~....~.-..-'.___.. . - .. NO BROKERAGE RELATIONSHIP DISCLOSURE ¡ FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL 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 RELATIONSHIP NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POT.ENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, THE URBAN GROUP, INC. 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. t /i? /0'( ~~nf ft-t~ Date / / Signature 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 · CiTY OF. BOVNTON; ,BEACH ~ _...... _ :A :<:_:'" ~ .- --. - ;> ~ --' - ~.~~' ,-~-- -,..- --,.-. - .~~-. ; ->" --~ ,:"~ NOTICE TO OWNER August 12, 2004 Mr. Leo Vincent Poole 512 NW 11th Avenue Boynton Beach, FL 33435-3053 RE: 206 NW 13th Avenue, Boynton Beach, Florida 33435 Dear Property Owner and Other Interested Parties: The purpose of this letter is to inform you that the City of Boynton Beach, herein known as the Agency, is interested in acquiring your property located at 206 NW 13th Avenue, Bovnton Beach, Florida 33435 The Agency has identified the area in which your property is located as a "project" area in which the following improvements may be carried out: Wilson Recreation Center Because Federal financial assistance is involved, you are protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended. For your information and review, I have enclosed a copy of a brochure entitled, "When a Public Agency Acquires Your Property." The Agency wishes to disclose to you the following: 1. The acquisition would be considered an involuntary acquisition due to the fact that the Agency has the power of eminent domain and can acquire your property by condemnation. 2. In most cases, an appraisal and review appraisal are required to established what is just compensation (fair market value) of a property. 3. You, or someone you designate to represent you, will be offered the opportunity to accompany the appraiser during the inspections of your property. If your property is tenant-occupied, each tenant should be encouraged to not move. Each lawful tenant determined to be eligible as a displaced person will be assisted if the property is acquired. A representative of our Agency will contact each tenant to determine their eligibility for assistance under the URA. The Agency wishes to caution you that any tenant who moves into the property identified herein for possible acquisition after the initiation of negotiations, may not be entitled to displaced person assistance from the Agency. In the event you wish to provide housing to a ¡ -------_.~---~._--~-~~,~"..~..,.----,-- __~~___v____-- _ NOTICE TO OWNER August 12, 2004 Page 2 of 2 tenant after this date, and you personally wish to pay for such assistance, please contact the Agency before you allow the tenant to occupy or lease the unit since URA assistance for a displaced person can be quite expensive. If you wish to lease a vacant unit to a new tenant, but not be responsible for displacement assistance, be certain to have the attached Move-in Notice executed by the tenant prior to the tenant leasing and occupying your unit. NOTE: If the Agency determines that a person occupies a property, or is allowed to occupy a property, for the purpose of obtaining relocation assistance, the tenant will not be entitled to assistance as a displaced person. If you wish to discuss the Agency's interest in acquiring your property, the contents of the brochure or this letter, or the acquisition process that is required, please contact Maggie Pinares, Realty Specialist, at (954) 522-6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. Any correspondence or documents you wish to submit to the Agency should be mailed to: The Urban GrQup, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 Attention: Maggie Pinares This letter, and all future correspondence you receive from the Agency, are important and should be kept in a place of safekeeping. Sincerely, THE URBAN GROUP, INC. Agents for the City of Boynton Beach )?}~ Maggie Pinares Realty Specialist Enclosure CITY OF BOYNTON BEACH ~ , ~_._-,. -. --,- ---~--" -~-- ~ -~.~ jO~.ri---1;.,<;';- ~___ ¿~.. - .....-. _,,_~_~_.~,_,¡;¡;;,¡_O~~~_"'" ~~. - '<-Mi..-__.,.. -_.--.. "",,,,-. ",-.~ --_-, ......_;.;. _ _.> __~""2ii.",,"";;'- ___,~:¡¡;,;',~~~-, ~ - --..,~ -·_.,.....'~h."'·""·_ ",,'¡"¡"¡.-:"C..di~~·>¡'¿..;oå;"""~__""- ~~ ___~""'"~ÌI¡;;'''_~-=><;'''~'_~''''_~"''''~'''~:'''=_·-"'''-''-''~'i,;'·.k,''';'~_°Q.:",d_'"",, ,,;;o;;;.,;-,.--_~ VI.-CONSENT AGENDA ITEM 0.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 [8J October 4, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2,2004 0 October 19,2004 (Noon) October 4,2004 o September 7,2004 (Noon) August 16,2004 0 November 3,2004 (Noon) October] 8,2004 ç~ O ~ n~ o September 21,2004 (Noon) September 7, 2004 November 16, 2004 (Noon) November I, 2!H't4 =--{-<. en '<0 rr1 .., m -0 ;e-:. G:J o Administrative 0 Development Plans ~ '.~: ~ ::'-'--;;¡: NATURE OF [8J Consent Agenda 0 New Business po '...; 6 AGENDA ITEM 0 Public Hearing 0 Legal ~ ~:r: o Bids 0 Unftnished Business ~ ~~ o Announcement 0 Presentation \.D '" g o City Manager's Report RECOMMENDATION: Please place this request on the October 4,2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-224. EXPLANATION: PROJECT: Ward Variance (ZNCV 04-004) AGENT: Hyacinth and Larry Ward OWNER: Hyacinth and Larry Ward LOCATION: 230 Gateway Boulevard DESCRIPTION: Request relieffiom Chapter 2, Zoning Section 5.D.2.a, requiring a minimum rear yard setback of25 feet for a single-family home within the R-I-A zoning district, to allow for a variance of 9 feet, and a rear yard setback of 16 feet. PROGRAMIM:PACT: N/A F1SCALIMPACT, NJA ~ ALTERNATIVES: ,. / N/A Development 'Pa ent Dileo< 0' - "y Manage'" S;g;,.llne 2tJ--¿ ¿ Planning a~oning Director City Attorney / Finance / Human Resources S:iPlanning\SHARED\\VP\PROJECTS\Ward Variance\.-\genda Item Request Ward Variance ZNCV 04-004 1O-4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM #PZ 04-224 Staff Report Planning and Development Board and City Commission Meeting Date: September 28, 2004 File No: ZNCV 04-004 - Rear yard setback Location: 230 NE 22nd Avenue (Gateway Boulevard) Owner: Larry and Hyacinth Ward Project: Addition to a single-family home on a parcel zoned R-l-A Request: Relief from Chapter 2, Zoning Section 5.D.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-1-A zoning district, to allow for a variance of 9 feet, and a rear yard setback of 16 feet BACKGROUND The subject property and neighborhood are currently zoned R-l-A, single-family residential (see Exhibit "A" - Location Map). The home was constructed in 1961 on Lot 10 of Block 25 of the Boynton Ridge subdivision, and it conforms to the current R-1-A zoning district building and site regulations. The subject property is located on the south side of NE 22nd Avenue (Gateway Boulevard) approximately three (3) blocks east of Sea crest Boulevard. The Boynton Ridge subdivision was originally platted in 1953. The existing home, built in 1961, is a two (2) bedroom / one (1) bath house with 800 square feet of air-conditioned space, 1,068 square feet total. The subject request is to expand the existing one-story single-family home with a 630 square foot addition (see Exhibit "B" - Site Plan/Survey). The proposed construction would allow for two additional bedrooms and bathrooms. This planned expansion is consistent with redevelopment projects observed throughout the city. The requirements to build a single-family dwelling unit within the R-l-A zoning district are as follows: · Front and Rear setback: 25 feet; · Side corner setback: 25 feet on corner lots (like the one that is the subject of this request); · Side interior setback: 7.5 feet The applicant is proposing the following setbacks: · Front setback: 25 feet; · Rear setback: 16 feet; · Side corner setback: 25 feet. · Side interior setback: 10 feet ..C~_">··_~'·_=--=~~'··>--·-i__~·~M"-"--' - -- .. >.- .j,j,;:;.,~~~,-",~__ -'~-¡'¿--]--.'bi.ift"f---~ _~......- -- -, '...,;.- "",,,'_õi:L=;,;¡;..-r- ~-~ ~,._-~-",",,"<......q,'--~. '.-;.:. .....··_~~~~(¡¡h~.a~~-.;;;,;Jii:;¡""-'Ül~k""'-,¡,:.-d...:.~...:><1"':j¡.¡;;!M-...'--"".k.3~:-'-....:~.œ':~'. ,---.;,;-,:^»--~ Page 2 Ward Variance File No. ZNCV 04-004 ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". Staff concurs with the applicant that special conditions and circumstances exist, related to corner lot configurations within the subdivision and the recorded setbacks on the Plat, which are not the result of actions by the applicant, therefore satisfying criteria "a"and "b"above. It should be noted that the construction of an addition to the existing house on the subject lot would not likely be feasible without encroaching into the required front, rear or side yard setbacks, due to the stringent requirement to maintain this 25 foot setback on three (3) sides of the property. Since the front and side setbacks are platted setbacks (depicted on the plat), the rear setback is the only one that can be varied. Therefore the corner lots within this subdivision are hampered from expanding their footprint to more closely match those of other property owners in scale and square footage. A review of 30 properties in the immediate vicinity revealed that the average square footage of air-conditioned space of these homes was 1,148, practically 350 square feet more than the Ward residences' 800 square feet. In fact, the Ward's residence ranks 27th out of the 30 surrounding properties in the amount of air-conditioned living space. Staff also concurs with the applicant that the approval of this variance request will not confer any special privileges. Therefore, denial of this variance request would deprive the applicant of the rights already enjoyed by others owning standard sized (non-corner) lots within this subdivision. Therefore, criteria "c" and "d"are satisfied. With respect to criterion "e", which considers if the request is the minimum necessary to make possible the reasonable use of the property regardless of the placement on the lot, any functional building addition to this single-family dwelling would still encroach into the rear setback. Because the house is oriented towards the intersection/corner of the property, only a small portion (corner) of the proposed addition actually encroaches into the setback, approximately 100 square feet. The proposed variance would allow improvements that would permit reasonable square footages for family use, and which may Page 3 Ward Variance File No. ZNCV 04-004 contribute to reinvestment in the neighborhood. Although staff acknowledged that reasonable use has been achieved through the existence of the current single-family structure, the approval of this variance as proposed would allow the applicant to achieve a comparable living area with other homes in the immediate vicinity, as noted above in the comparison with surrounding properties. Further the current trend within the city, as evidenced by newly constructed and redeveloped homes, tends to encourage similar improvements. It should be noted that a second story addition to avoid the setback variance, was not considered as an option in the staff analysis. The rationale for this lack of consideration is again based on the comparison with the typical homes within the subdivision, which are single-story structures. Finally, staff is reviewing amendments to the Land Development Regulation that would relax the current rear setback requirements in virtually all older residential neighborhoods (including this one), to encourage the redevelopment/expansion projects necessary to bring the size of houses into conformance with the needs and desires of today's homeownerjhomebuyer. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff finds that a "hardship" exists. Staff also concludes that the approval of the requested variance will enhance the community by supporting home expansions in the neighborhood without negative impacts upon the neighborhood or city. Therefore, staff recommends that the requested variance be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow a 9-foot reduction from the twenty-five (25) foot rear yard setback required by code, thereby allowing a 16-foot rear yard setback. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit liD". MR/MDA S:\Planning\SHARED\WP\PROJECfS\Ward Variance 04-004\STAFF REP.doc -jji .;. r . 1 in. = 150.0 feet LOCATION MAP WARD VARIANCE EXHIBIT "A" EXHIBIT B 0-. 11) (1/' 64ìEJY4.Y!l.Of/Lê//4/TD 4.5 4.5'P#4t.T , o o ~ , ,0 o ~ .:::oQE OF=:" ~~~ ...." - .7"'v~ ",..) '" .,., II · (D w~. . on "2- . ,,: , .Jv, ''?~:'.5 77°"1770H E '., -~D '" " to., <) q.3~. , '. :""''''D N.~ " ¡/.z., . '. (/~''') \ . o Ii :' ", , " ,.,.) T9 ~, . LO . . : . 4". . ". ~ k~ , ..- .:::':'; ~/" ~L"': ç ~ ~ ¡:.¿ g tl: ~" ~ ~I OJ ~ " / STORY 2'...~::.. ~ '\, 'f IDENCE ...... ~ Iù (,. '" ~'I<JOOD RES II-¡. ~ ,,"ij ~ ~~ f ~ OJ~ cf " " k ~.\) C, 0 (I ~ t ~ 0) ~ :STo~ ,,~' LOT 10 (/8,9) S> -.o~ "woOQ FE#JU; 'Ç <:::s ~~ - -~. =---=-- =--- " , ( ~") ""s"",, e- N 7" , =-- ..;c Q:: -- -'---- ~. (".Q) 9/55' zS.o" <"s. /. --- _ -....cc. . 0) ~~Ðvrl Al7iG¡"i(j;¡p,,_ - ~.. u"" I Lor /I LOT IZ / _ . _. _ _. ~.....:_ :...-.~~:"'-...;. ~",__,........-<:'""",,_,,¡¡¡'~=A.~' __~.~""'~"&r__7,:_""""""""""""·"'="'''''''_:;;;''''·-''''-''-_-i'''~-it-..-,:-~:"y~;'O,<.i"'~;~"~'·l·---""-«~-"'··"'o-·: .-""--~~(--~ "-~~~-<I--~iI' ,- -"~~...~~---~~---- , ...~. ' . ~_... --d..· ___~ EXHIBIT B I ÓA"re."VA'("" ~'-VD. , --------.-.----- - ~.- .-.ø.; ----.,.- -- -.. .(:; ---.-----,.. .- : ... ¡ ! -,<,lIJ;'_~Y'~ ì ! ----T'-----· _d__ __'H. ----.--~ .-.."- .-- --------------l~.. ! , / ¡ II / , , '- .~ I P"rc:.K\V'^Y' / I I ì ).ftl I -- k- '.'. --,,~. "~L·/ -'-~ ,,'1'- -. -ø I .-;:; . J> "'0 /. ~ / '" I f ". & (\ / < f \ I ; I '.~ ~ 1¡1 I /,'" / zq/ ðCNi.¿:nHG, /r I ¡ ,ç;) - "I I ~ I - I ','4 f ~ / ,-,^,IL \ I ;:;. / £ I ~ '~ I ' t- - - '(J - l r ' : , v I "" ,i I A . , I r ) I 1 I j> ^Zð.oo" I - .' __.Hm. ---------.-., . . . I I ~ I "- V } . f .. I (). "'~ "17,,,0 I 11 O~~~:-~:.., /~.__n_.__.__~ ¡ ~\ I -" ' \ . ~~ :1 i W -;. I ~ ¡ I'· 'z' I ....., I ;,- , I ¿ 3~.:z.Q / /. ·-----·--'1 ! I 10 ~ ¡ r- ~ ,. I' , I ~ ~¿ , . , 0..1 ¡,; , ~ I,' . ~ ~ I ¡ " B' , . _i ,J : . , .,: ~tA.P .----!.-----.--- ~ 7 ; -\ I . 1=···-- --=~-' -- '--- ~I'-- -I q'U.e.-:- -\ ; \ - II' /,.. ---.- " -- II - " -----& - _l_~-_L S'Te: rc^~ ~f...!f: \ 'f ::: W· - 0 ... I - - EXHIBIT B - t-· ~1 - -0 '-:> C f, ~ C~ ' - 11\\)1 ,_- - , t "t>,", 11 :t í-l.~ 12¡< 0~..T <, "(lI.":r '.. I ,,~ )C" ~C\ , , , .J:-¡;. 1 "I " t1l0~"', 'II'~, I \\ 1t~~~Ô !.~\.!k~:/ II I ~~~1' i ~,¡ ¿===:J ,. \., , i ~ ¡ ; , l':! ¡ , ' ø ¡- ¡ , î. *z _ i {} 'I- t:: J - í ~ ~ ~ ~ t~ I j ~ ~""f· 1'1 ., 0 I "'''' ~, ,,¡, ~Z 'I 0 ~ (f\ \ ~. ,~ ~~t ~ ..:.¡. ~ -f'>-cD::' .-.~~" ' ,0 , í1 - , '---'::. --- Q ¡I 7:~ ~ ~ ~ ~ ¡ 8' ; 7' f .1\ m - r-.. I" , _ 0' '''::' ¡.. -'" : I··. " '"' (1\. ~'. '\ '. .~ (i <. -\ ~ I , ' - , - t,~' \_ If ./ ~ II 0 '1\ ,~ It .\ . I V' !..... t. '1' ú\ r " '1\ (I iJ> rj¡¡"6- 8 cr .(\ -( ~ 0 \' ~.I\ () > . \J' _I\" '" ~ ,--.~-~ ) J]<\r:.í d ~~~~ \J ~~-~ ;:.'- ^ .. ( t , ) ~:1 ,h ! (A ~ ~ \11 ~ 0 _,,- a B .~. - t.· ~ / L () ~ t11 {.,. j J" .,fIe ~h t; ~ ~ "0 It V J j _ ~j;. + ~z:~ ~ , ~ r,).,V F ,,~. 1-1 .... ~/.. .'.. ' Q¡ . ( ç-'" . ., ~ ~ ~ \ I "" /:n ,,- : \ / z~ 1. i-\,; i1 _ 'cb'. _ _ t '.~ I . / ". .,. \1-9-' r}-(. \ í. ' ":I..' - - 0 \). i <\ t\ r ~ \ '~ , , ... (; I I 6 =. '. )11. .t... Ie. '" ~ I ~~~ t I 1,( .8 :t- 4-0 . ~ ,. . i ~. .I. ' I " } z.4.-~ I I 'i. ,poJ"",,"''' . >. _.- ..··,'"v~,·· :1.lti~~·' --""'lii.áillililii.U!Ifii¡¡:f-"'Í---",~,--",,~-~.~~OC~_"'-.a.~,¿...~~loti,oj~-~-~---'"~~V& -..........~;.:;,.¡¡>~<k.._""".........,.{';:.ã;:....~..&f.;-~1r£..,,,...;,$..~'.îD.~.&~~-.;f..¡...µ~~""~~;<-~~~~.!'i;~~-..:.-. . EXHIBIT "C" Statement of Special Conditions Hyacinth D. Ward 230 N.E. Gateway Blvd. Boynton Beach, FL 33435 A. That special conditions and circumstances exist which are peculiar to the land, structures, or buildings in the same zoning district Response: The property in question is a 2 bedroom 1 bath and also a special condition exists. The location of the existing fiunily room is at the rear of the house and is the starting point for the additional. to accommodate our fimri1y and mother who is very sick. which would be a room and a bath for her and a master bed room next to hers so we couId be close. R That that special conditions and circumstances do not result from the actions of the applicant. Response: We bought tbe house in the existing condition and no work was done by us. e. The granting oftlw variance wiU not confur on the applicant any special privileg~ that is deWed by this ordinance to other lands. Response: The average house constructed in our district would normally be much larger than our house which is a 2 bedroom 1 bath with 1,068 square of living area, with the proposed addition of 630 square feet which will consist of a master--bedroom pIus an additional room and bath fur my sick: mom would increase to 1,698 square feet. ,D. That literal interpretation of the provisions of this chapter would deprive U.S. of rights commonly enjoyed by outer properties in the same zoning district under the tenns of the Ordinance and would work ~ and undue hardship on the appJicant. Response: Due to the existing loeatioo uf our house in the middle of a oorner lot, and the existing plan layout the provision of the chapterwouJd prevent us ñ:-om the increase of space. Reasonable expansion with 3-25 feet setback would ma1œ it a ham slùp 0lJ us. E. That the væianœ granted is the minimum wri1mœ that will m.dJ:: poosibk 1he rea90nBble me ~f the land, building or sttuèturt'. Response: The variance requested is the amount of space we need to do the addition. F. 'IbJt the granting of the variance will be in harmony with the general intent and purpose of this ~pter and that such variance will not be injurious to the area involved or other wise detrimental to the pubficweffare. Response: The variance if gnmtetiwouJd be a grœt improvement to the mea and it will not effuct the adjacent property owners nor will it be detrlmentaI to the pubic welfare. EXHIBIT "D" Conditions of Approval Project name: Ward Variance File number: ZNCV 04-004 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS ';:¥"""'."""~~'--~-_._~~----'"-"~-- -Jr~~-""~~·'..··,~_·~~c..,.~ .~. -- ,-, .- --""-"'--~""*4 - --""~,,--,,,.-~.,--. ;-- .-,. ...---~""'".."""..~~~~:ki,~~.,..~;<.:.c.-":...__.!.:_?,>:"'.. ".~~...;.___,__,~~- ___,.",-_-i . Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined, I I I S:\Planning\SHARED\WP\PROJECTS\ Ward Variance\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ward Variance APPLICANT'S AGENT: Larry and Hyacinth Ward APPLICANT'S ADDRESS: 230 NE 22nd Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4,2004 TYPE OF RELIEF SOUGHT: Variance approval to construct a 630 square foot addition to a residence with a reduction in the rear yard setback requirement from 25 feet to 16 feet, a variance of 9 feet. LOCATION OF PROPERTY: 230 NE 22nd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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\SHAREDlWPIPROJECTSIWard Variancel \ZNCV 04-004\DO.doc ,~~2;I;;.-a~j¡¡;â.t;';-~~~""~~"?;.*'-~$~~.i.~"~~~'i:...~'"¡¡"--~~~"';-~:¡¡;'"'.~~f>~-~_~.-~k.¡;:~¿~;;~-~"'_;--;._:~I<io.<~-_¿:~_~~C~';::'£~~œ~W~_~;~~.Å~~\'"?:"_,--- VI.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) Ju]y 19,2004 rg¡ October 4, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 D October] 9,2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August ]6,2004 D November 3, 2004 (Noon) October ]8,2004 D September 2], 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November], 2004 0 0 .;:-}~ ..¡:.- ~-< en -(0 D Administrative D Development Plans rT1 ,:j ...., -0 rg¡ D '--OJ NATURE OF Consent Agenda New Business (..) -·qo 0 .J-< AGENDA ITEM D Public Hearing D Legal ::c: :z: ::Þ- { ;; --1 D Bids D Unfinished Business :x - a a;z: D - '1 0 Announcement Presentation - ""T1CD -f"11 D 0 0::Þ City Manager's Report 0 f"'1n :I: RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-223. EXPLANATION: PROJECT: Ed Carey Design (SPTE 04-006) AGENT: Susan Carey, Vice President, Ed Carey Design OWNER: Ed Carey Design LOCA nON: 2600 High Ridge Road DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on July 15, 2003, from July 15,2004 to July 15, 2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A 4~s ALTERNATIVES: N/A / Develop~t Dep rtment Dire tor Ity anage sIgnature ?~~g~~tor City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Quantum Park Ed Carey Design (fka Vehicle Inspection)\SPTE 04-006\Agenda Item Request Ed Carey Design SPTE 04-006 10-4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-223 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf ~V Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: September 13, 2004 PROJECT: Ed Carey Design / SPTE 04-006 REQUEST: Site Plan Extension PROJECT DESCRIPTION Property Owner: Edward and Susan Carey Applicant: Susan Carey Location: 2600 High Ridge Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial with the Quantum Park DRI Master Plan designation of Office-Industrial (01) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change Proposed Use: Site Plan Time Extension for a major site plan modification to construct a 1,940 square foot showroom addition to an existing 5,605 square foot building Acreage: 1. 77 acres (77,148 square feet) Adjacent Uses: North: Developed property, zoned Light Industrial (M-i); South: Canterbury Townhouses (currently under construction), designated with a Mixed Use (MU) land use option, zoned Planned Industrial Development (PID); East: Canterbury Townhouses (currently under construction), designated with a Mixed Use (MU) land use option, zoned Planned Industrial Development (PID); and West: Right-of-way for High Ridge Road, then farther west is undeveloped Quantum Park Lot 88 approved for townhouses (Quantum Park & Village North) designated with a Mixed Use (MU) land use option, zoned PID. J_,o~~::.I,"-_~,-,-,.;¡..t:¡'¡>'';''~&J---i,.'-;i.''i.'.O-,ç~~~-~';:~-~\iìr~r~-~ -'.----.-......- ·'4.~~'""".;:r;;~-·_;:~'¥..;,~~..:;i;;:~t~~-o~~~';i~;c'¡:,;.-'¡""-:k·'f~·:l~C~-_-;-,j!'-.;-:;~--,.,~~:ìà~..~.s.;d..:" ;,:,.....:..i-~<:riI;~ii:~:~~ri!dtjf_""o~·-;~i~:i2.-:¡,'I~J¡ø~\¡¡::idt:~~~,&-:_,.;.;.~_IÞ,:~iå.3/k.·..."i.-o-¡¡.;-.; Page 2 Memorandum No. PZ 04-223 BACKGROUND According to public documents, the applicants purchased the property in February 2001. This site was previously the location for the Florida Motor Vehicle Inspection station. Mr. And Mrs. Ed Carey, current owners of the subject site requested approval of a major site plan modification (MSPM 03-002) to construct a showroom addition to his existing Manufacturing - Furniture business. According to Mr. Carey, his business has engaged in manufacturing custom furnishings and décor items for residential, retail store, and restaurant applications since 1971. Approved by the City Commission on July 15, 2003, the project was proposed to be built in two (2) phases. The first phase would consist of constructing the showroom addition while the second phase would involve enhancing the facades of the existing building. ANALYSIS On July 15, 2003, the City Commission granted site plan approval for the above-referenced project. This master site plan modification approval was subject to 18 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on July 2, 2004, prior to the expiration date. Since purchasing the property, the owners have used any available funds to enhance the property. After Commission approval, the owners approached two different lending institutions for financing the proposed improvements. Due to the funds spent on property improvements, the Company's bottom line was affected to the point where the lending institutions were not comfortable with the loans. The business however is having a very profitable year and with fewer dollars being spent for property improvements, the financials appear stronger and the outlook for obtaining the necessary loans has improved. Therefore, the applicants believe they can accomplish everything necessary to acquire their permits within a year. These reasons appear to provide justification and a need for the formal request for site plan extension. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the major site plan modification approval (MSPM 03-002). This recommendation is based on the "good faith" effort shown to build the project and the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2003. However, since the build-out date in the County's Traffic Performance sign-off is 2004, the applicant will be required to provide the City with an updated concurrency letter of approval from Palm Beach County Traffic Engineering, prior to issuance of any permits. Approval of this request for site plan time extension would extend the project's expiration date to July 15, 2005. All conditions of approval included in the initial development order must still be satisfactorily addressed 1uring the building permit process, along with the addition of the updated traffic concurrency approval mentioned above. Any conditions of approval recommended by the. Board or required by the City Commission will be placed in Exhibit "c" - Conditions of Approval. S:\Ptanning\Shared\Wp\Projects\Ed Carey Design\sPTE 04-o06\Staff Report.doc (I ( .) Location Map EXHIBIT "A" ED CAREY DESIGN I - --'=" , II! i ! : i ~' I i '\ i, I ! ' , I I I I ; I . 'I '. \ ¡ Ii" " ' "·'~I ; I I M j! 'I ''',,."-\ /'!,. , I I I =>-+ I '~, ' b: -' _____,' ,f , ' I ,--,.., /. I ~ I I[! ¡!: \ I /_-!,,//'" Iþ+ I I I I I;! : ~ .i......, 1 ¡:Ó : i , ",! : ì .'--..., N'I C 1- L ; I ìI -----.: /'---.] ~ \CJ\ 10 0 \ I ~ ' l,f:::!:- m " I' ~w ~ - ~ . ~ I !t--1UDD D~, g ;~ '. / I Ilrl :f-t:: \ \ ':' " '[ ¡Wi r--'c- ,':" '.,,' ,'~:.;---; \ \ \.. ~"':\ I?; I / \1 .\~ " . ~s, IT"EI I I '\ "~ Ii I \ R1AAA /~>/ \ i~ \ " J~ ' I I , I ! ~ / " , I : I ' ., \- l .L-l- i .j.. /\ y- . I : L--+ \ ì'/ ...........'-.í// " \ ! ,'!;! l I ~u ¡ :0- ! PI ID I ¡ ; GA TEW /~7 I! \ /-:/ ./'~¿'--""\ j '\ , I I // / ,I /// ) I I I '. I ! / e -- .-<r, s ,~~;¡¡¡;';é,g,ie-.'~---". ~~:_._>-',;~". --:¡;:';;;;¿'.--.Hd_d~-'",~;è~--.II1i~",;;,1;,.....:wÙ~à.-'~o.;;-.....·-_ ......-~ ....... '""'~.... . -~-, -.....- ,-- i!f.~ ~""'·~~~_~-c~_~~-~~~:lt~'"'~-~;;"~-;:";-:;;':-'"":;';_·:'~"'~-~'":'·----~:_·-~',- EXHIBIT "B" Conditions of Approval Project name: Ed Carey Design File number: SPTE 04-006 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. All previous conditions of approval must still be complied with. X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 2. The applicant must submit an updated traffic concurrency approval letter X from Palm Beach County Traffic Engineering which extends the build-out date, prior to issuance of any pennits. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be detennined. 1 I I S:\Planning\SHARED\WP\PROJECTS\Quantum Park Ed Carey Design (fka Vehicle Inspection)\SPTE 04-006\COA.doc ,"''''"'W~.., o~,,-,·~o·.·· -~_. ~ ~ =-~. .- r ',"__".>.i"-~~..¡",;¡,¡.~_..-'.._ .-.~ -- ~ ~~~~~"'"~'~~-û~~4_-<>-~l~~.Jt_i.,-- - . - ~.~ .",,,,-,-~...<--~,._~, .J.' ---.- '-..~......-~.>,¡;,,-t;C.-.'~_~,*,.",," -",#<>~-'.à-;""~~ifi"'~";¡'¡¡o~¿,,¿,-.:-""1ij;+-,o~';';~-.i~..d<,_~~~...&~'.,..~ ~,~.:."" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ed Carey Design APPLICANT'S AGENT: Susan Carey APPLICANT'S ADDRESS: 2600 High Ridge Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4,2004 TYPE OF RELIEF SOUGHT: Request one year site plan time extension to the major site plan modification originally approved by the City Commission on July 15, 2003. LOCATION OF PROPERTY: 2600 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: , 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\Quantum Park Ed Carey Design (tka Vehicle Inspection)\SPTE 04-006\DO.doc \J¡ ,"",0 > o~~ ~_. 0 0_ "--_. , ...__~_~Kc_~__. ~:.;-~~-~. -.---' <'6,~_.....-~.,.-., *~- -....-..-,;;...... .¡;¡,:-;;" ~~¡:'r:-~:'-~ -.g-. -.. -~~oìt;"""--~-. ---..,.-~~. --.._-"....~-k.oI.'""~~-.,.-"?~--1<: ""-- - ·blØ;·&Ji)i.tit.fi.U!ii;¡"'---'~~:~"'"'-·~""'-~~'..Æ' VI.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 3, 2004 (Noon.) July 19,2004 [8J October 4,2004 (Noon) September 20, 2004 0 August t7, 2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18,2004 (') 0 o::::i 0 September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 ~-< (/) --<0 fT1 .- -., -0 :~ J ¡-co W o_qQ 0 Administrative D Development Plans c::> :;:.J-< ::~z NATURE OF [8J Consent Agenda D New Business :P" ,,; -1 "Z ~o AGENDA ITEM o:z: D Public Hearing D Legal - -"w .. ~rt1 0 Bids D UnfInished Business c::> OJ;>- c::> f"1('") D Announcement D Presentation ;:I: D City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board ,,,ith a 6 to I vote, recommended that the subject request be approved, based on a fmding of consistency with the Amendment of Declaration of Covenants and Restrictions for Alhambra Square. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-233. EXPLANATION: PROJECT: Venetian Villas (Plat and Amended Alhambra Square Settlement Agreement) OWNER: Venetian Villas LLC LOCATION: SW 13th Street & SW nrd Avenue DESCRIPTION: Approving the plat of V enetian Villas subject to approval by surveyor and mapper, and subject to the Palm Beach County Circuit Court's approval of the amended settlement agreement removing the ACLF use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~Signatm' ALTERNATIVES: N/A Developrileht e °artment Director l() êA ~ PlannÌng and z¢'mg Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Venetian ViIlas\Agenda Item Request Venetian Villas Plat 10-4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-233 TO: Chairman and Members Planning and Development Board FROM: Michael Rum)fr\cP~ Planning and Zoning Director DATE: September 21, 2004 PROJECT NAME/NO: Venetian Villas - Proposed plat REQUEST: Review of proposed Venetian Villas Plat pursuant to request by City Commission OVERVIEW The corresponding site plan for this project was reviewed and approved by the City Commission on February 17, 2004 (see Exhibit "A"- Location Map). The property, and therefore all approvals, are the subject of a court-ordered Settlement Agreement and Declaration of Covenants and Restrictions between a past property owner and the City of Boynton Beach. As explained below, the Courts were ultimately petitioned to allow for the review of the subject site plan and related applications, which were inconsistent with the original stipulations. Due to the inconsistency, the Declaration of Covenants and Restrictions (see excerpt in Exhibit "B) must be amended to allow for the subject project. Also due to the connection with a court-ordered settlement, which at one time led to a Joint Motion and Agreed Order requiring review and approval by the Planning & Development Board, the City Commission has forwarded the proposed plat to this Board for review. It is assumed that this review is for consistency with the approved site plan, and Amendment of Declaration of Covenants and Restrictions for Alhambra Square. Staff has reviewed the plat and finds it consistent with the two documents described above, and recommends that the Board concludes similarly. As equally important to the project, subsequent building permits will also be reviewed against the approved site plan and corresponding development order for similar consistency. Unlike the proposed plat, the related permit applications will include the details to show compliance with conditions the Board will recall from the development order and court settlement which regard building heights and roof pitch, dumpster location, rear landscaping and buffer wall, lighting (fixture height), canal improvements, tree planting specifications, and coordination with other agencies. Although not addressed by the proposed plat, the conditions represented by the Amendment of Declaration, and required for site plan approval (see Exhibit "C") are attached as background information. PROJECT DESCRIPTION Property Owner: Venetian Villas LLC Applicant: Venetian Villas, LLC Agent: Bonnie Miskel Location: South side of SW 23rd Avenue (Golf Road), west of SW 13th Street, appx. 600 feet east of Congress Avenue Existing Land Use/Zoning: High Density Residential (HDR) / Multi-family Res. (R-3) t¡.·,~- . ..-.. -. , ~ . üM! ._". . ....rs:.~~ ~ ----·r~:m~~~--=--..--.~--..--~--:.~~t¡~Æ..;:~~~~~~,{~"'~-~~~·';-'~;;lJ-*,""Õo<·~ù"¡'i~~io~~L: Staff Report - Venetian Villas - Proposed Plat Memorandum No PZ 04-233 Page 2 Proposed Land Use/Zoning: No change proposed Proposed Use: 50 fee-simple townhouse units at 10.64 du / acre Acreage: 4.699 acres (200,376 square feet) Adjacent Uses: North: Right-of-way for Southwest 23rd Avenue (Golf Road), then developed single-family homes (Leisureville) with a Moderate Density Residential (MDR) land use designation, zoned Single-family Residential (R1-AA); developed as a PUD; South: Right-of-way for the Lake Worth Drainage District L-27 Canal (a.k.a. the Lazy Lake Waterway, then farther south are single-family homes with a Low Density Residential (LDR) land use designation¡ zoned Single-family Residential (R1-AA); East: Right-of-way for Southwest 13th Street, then farther east are developed single- family homes with a Low Density Residential (LDR) land use designation¡ zoned Single-family Residential (R1-AA); and West: Developed residential (Homewood Residence) with a High Density Residential (HDR) land use designation¡ zoned Multi-family Residential (R-3)¡ then farther west is the right-of-way for Congress Avenue. BACKGROUND On February 17, 2004 the Venetian Villas site plan was approved for this 50 fee-simple town home project on a 4.699-acre parcel in the R-3 zoning district. The greater site is a portion of properties located on both the northeast and southeast corners of Southwest 23rd Avenue (Golf Road) and Congress Avenue. These properties (known as Alhambra Square South, Alhambra Square ACLF and Alhambra Square North) were the subject of a 1989 "Stipulation and Settlement Agreementfl. This Agreement was forged between the property owners and the City of Boynton Beach. While the Agreement allowed the property owner to rezone to R-3 in order to allow for a higher density¡ it restricted the use of the property to an Adult Congregate Living Facility (ACLF). In August of 2000, a Joint Motion and Agreed Order was authorized by the Court that allowed the review of an alternative development plan. If supported by the Board¡ the Court could be petitioned to amend the Agreement. The Board unanimously denied the request for site plan approval. Unable to review the plan¡ the City Commission on February 18, 2003, moved to request another court order to allow the Commission to review the proposed project. The requested court order was granted¡ and review and approval by the Commission ultimately occurred on February 17, 2004. The proposed plat has been reviewed by staff, and found sufficient for forwarding to the City Commission with a recommendation for approval conditioned upon ultimate approval of the amended settlement agreement by the Palm Beach County Circuit Court. RECOMMENDATION: Staff recommends that the Board find the proposed plat consistent with the approved site plan and conditions of approval, and not inconsistent with the Amendment of Declaration of Covenants and Restrictions for Alhambra Square. MR Attachments S:\Planning\SHARED\WP\PROJECTS\Venetian Villas\Staff Report - Plat & Settlement 9-28-04.doc . . 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I I ~.~:~_~..:" J:~-;J"~:~..~~z In L - n _.c. -;¿,,; u.... c ~-. -."'~--MwHH~.:7-- --T-""'\ I / J , !1.--:6·if .. "~'^ '. II( :({': ~: -.--- :.1../ I , h:.- 'T·· l~: ";~ . '. ".~.,. .. =! 1. . " ""H .Of" .. r r~22¥ I '" ·r -¡--'. 0:-'\ $i, ' e ;.-' .!: . .. ~. t~ _ . - ? . fi:r:'~... I 't :'_.. ~ ; :_...: ~ . . ..~. J! /"~ .---·-..---..-----·-.·~--·-M. :-\:t',. '! '~I~ ~ -;:;: .., IS¡ ,~",. ~-'I! \ . 'B 1(11 ~¡ . I I·'" ........s,.... I I f k . ~ p;¡ . .,. I 1M .L... I,; - .-- - --- ~~ i ~ ~·~l. ~r---=.l ,0 or-::- ~-1' » ~ ft ~ ~ J . I,,; 3.... I ¡,I! .:, . rp : !,:\ ~ t VENETIAN VilLAS ¡':¡ ~~ ; i~'U '~~: ~ ~ ¡. ~ - . .. .' .---- ---.._._.-. ii!. J ,1.I'h 'm.., <D . . ~ ,e ¡.I..- BOYNTON BEACH-flORIDA . \ ~'" i'! ~ \ ! . I 2 :.! . !.. : I ~. ~ Çl)N$UL 'ANT . ...-. : .: EXHIBIT "B" . This document has been prepared by ~(jL{-(ô7 and when recorded return to: Shamira Klein, Esq. Berman Rennert Vogel & Mandler, P .A. 100 Southeast Second Street., Suite 2900 Miami, Florida 33131 Phone: 305/577-4177 AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE (this "Amendment") is entered into as of the _ day of :::r u. ~ ' 2004 by and between THE CITY OF BOYNTON BEACH (the "City"), RSPB, LLC, a Flori limited liability company, AMERICAN RETIREMENT CORPORATION ("ARC"), and GOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW HARBOUR ESTATES, INC. (collectively, the "Governing Associations"). RECITALS WHEREAS, as a condition of that certain Stipulation and Settlement Agreement with the City, dated October 31, 1989 and entered in the Circuit Court of the 15th Judicial Circuit in and for Pahn Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"), Milnor Corporation, a Florida corporation ("Milnor") as owner of Alliambra Square North, and Nonnan 1. Michael and Elishka E. Michael (collectively, "Michael"), as owners of Alliambra Square South and Alhambra Square ACLF, entered into that certain Declaration of Covenants and Restrictions For Alhambra Square, (the "Declaration") recorded on July 18, 1991 in Official Records Book 6895 at Page 1431 in the Public Records of Pahn Beach County, Florida, to impose certain developmental limitations upon the use of the parcels of land located in Palm Beach County, Florida, as more particularly described in the Declaration~ WHEREAS, RSPB, L.L.c., a Florida limited liability company ("RSPB") is a successor in interest to Michael and American Retirement Corporation ("ARC") is a successor in interest to Milnor. WHEREAS, the City, the Governing Associations, ARC and RSPB are the "Sole benefited parties to the parcel described on Exhibit "A" attached hereto and are therefore the only parties required to join in this partial release of the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in that certain Declaration. WHEREAS, Exhibit "A" is wholly contained within the Alhambra Square South and the Alhambra Square ACLF parcels. I :if; . -- ----".-~ . - -- ---,_. - -_..- -.~ -"-_"'iIicii!.iIJ~~ ".õIWo. __.......w --~~- -_...""¡o;,;.;....;¡,..,;,:,;.~,~...~~--'- ---j',-~""",,~ -- t -~-- --A~~-~ ,,..¡... ~~""'~·~·~-:--1riìf'4'.1ii'-~_~~~.:!~~.u.~",,~ WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in that certain Declaration as they relate to Exhibit" A ". WHEREAS, a site plan (the "Site Plan") has been filed with the City for the development of 50 town home units on the Property, which plan is prepared by CVV Associates and dated December 2,2003. WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in that certain Declaration as they relate to the Property. WITNESSETH NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree as follows: l. The above recitals are true and correct and incorporated herein by this reference; 2. Article III, Section C(5) of the Declaration is hereby released, terminated and of no further force or effect as to the Property, effective as ofthe date of the recording ofthis Amendment. Further, all reference to restricting the property described in Exhibit "A" hereto to an Adult Congregate Living Facility ("ACLF") are hereby released and deleted in their entirety and, nom the date of recording of this Amendment, shall not be a restriction on that certain property described in Exhibit" A" hereto. 3. As a condition to the release described above, the owner ofthe Property and/or its successors in interest hereby agree that the development of the Property shall be in conformance with the limitations and requirements set forth on Exhibit "B" hereto. 4. This Amendment constitutes the entire agreement between the parties relating to the subject matter hereof and may not be amended, waived or discharged, except by instrument in writing executed by the parties hereto. 5. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. 6. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute but one instrument. 7. This Amendment is for the benefit of the parties hereto and may not be amended or modified without the consent of the Governing Associations. 2 · 8. In the event construction of the development on the Property in accordance with the Site Plan is not commenced within one (1) year 1Ì'om the date of recording of this Amendment, this Amendment will terminate and be of no further force or effect. (Signature Pages to Follow) 3 ;A »-'-- -,=.~-- - .-- ~. - -~'À~'__~O,<, .- __--..-..--'''-..;:.;......,¡.~,_-_- ,,"'-v:..llllii.--__.~~_..:'. ,-_-;~-:._1ii.'-~--~...- '-.;..<.~ .~ <, --->---' - " '--=-"'---->, ..'" '-' ~~8'1--",~~_ <.<>--- )1'- -.~ --~.....- .:h.<o>ð~ -"·-~~~""tiit . . . , EXHIBIT "B" L The light poles on the east side of the site located adjacent to the cul-de-sac for 13th Street shall be reduced to the minimum height required to meet the City of Boynton Beach Code provided that such height and location meets the appropriate foot candle requirements. 2. The south wall shall be a six foot high continuous coated aluminum bar fence with concrete columns and with no gates or openings to the canal area to the south of such fence. Upon completion of the installation of such fence, plantings will be installed on the exterior of the fence to obstruct the view of such fence from the South. 3. No construction shall occur on Sunday or legal holidays and the developer further agrees to limit Saturday construction from 7:30 A.M. to 12:00 P.M. 4. Developer will include in the project's Association documents that: (i) no fishing or other water recreation shaH be pennitted in the drainage cana1located to the south of the property; and (ii) the Association will maintain the fence and plantings in the Site Plan. 5. The developer further agrees to petition the Drainage District in cooperation with the Governing Associations to allow the existing vegetation located within the District's right-of-way to remain, however, the parties to the Declaration all understand that the vegetation is located within Drainage District's right-of-way and is not under the full control or authority of the developer or any other party to the Declaration. 6. The developer shall petition Palm Beach County to allow a westbound left turn lane into the Venetian Villa projects. The parties to the Declaration acknowledge that the petition shall request Palm Beach County to fund and to construct such turn lane. 7. Developer will request from the Palm Beach County School District that a school bus stop be located within the project 8. The colors of the buildings shall be those colors contained in the site plan presented to the City Commission on February 17, 2004. 9. Developer shall include in the project's Association documents a prohibition from parking on 23rd Avenue. 10. Developer will install trees located along the east and south sides of the project at a minimum height of 16 feet (plus or minus 6 inches). 10 EXHIBIT "C" Conditions of Approval Project name: Venetian Villas File number: NWSP 03-021 Reference: 2nd review plans identified as a New site Plan with an December 2. 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Public Works requests that future owners residing in the building labeled as X Building "c" (as shown on sheet AS-I) would locate their containers across the street on the east side of Building "c" on trash pickup days. PUBLIC WORKS - Traffic Comments: 2. Permits will be required ITom Palm Beach County for driveways proposed X onto Southwest 23rd Avenue (Golf Road). 3. The proposed shunt turnarounds do not meet minimum City standards (City X Standard Drawing P-IO). The design of the turnarounds can be addressed at the time of permitting. 4. Improve (with an acceptable surface material) that portion of the Southwest X 13th Street cul-de-sac so that it connects with the project's proposed point of emergency vehicle ingress / egress, located at the southeast comer of the subject property (Chapter 6, Article IV, Section 1.A.4.). The site plan (sheet AS-I) shows that the "connected" portion of Southwest 13th Street would be approximately 18 feet in width. ENGINEERING DIVISION Comments: 5. At the time of permitting, the dimensions of the proposed parallel parking X spaces would have to comply with Engineering Drawing K-I. 6. At the time of permitting, all comments requiring changes and/or corrections X to the plans shall be reflected on all appropriate sheets. 7. All engineering construction details shall be in accordance with the applicable X 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. ,~'--- --- - .- ---,,~----~- ~- . - ~ - - - . , ...._-.- . .~~~ .. ..--..,â!<:<""'--_c_.'._; ':'.> :~,,-~u!..'-~-j¡-_~-~~-:i~-.-........,;¡¡.-:od'<~:!.k~,',,:;...'-...-.-~ -~-"'''''~-¡''..~.1ii'.:oi....ø£~... ~ .--.-',;.,o':U-~'--.z,~~",-,-~ ·~''-~b COA 09i20/04 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 8. All utility easements shall be shown on the site plan and landscape plans (as X 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 rights-of-way. 9. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the drawings, using a minimum width of 12 feet. Wider easement widths may be required based on depth of sanitary sewer. 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X 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. 13. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. FIRE Comments: 14. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. COA 09/20/04 3 DEPARTMENTS INCLUDE REJECT 15. The Fire Department will require a Knox or key activated lock at the alternate X points of emergency access. POLICE Comments: None X BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X 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. 17. At time of permit review, submit signed and sealed working drawings of the proposed construction. 18. IdentifY within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. VerifY that the 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." 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water rrom 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. 20. If capital facility fees (water and sewer) are paid in advance to the City of X 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 numberls 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; \'r~"",,"".N' . - -'~='~-"-~-" ì'lll-..H -_. ...- _.,~.. -".., ~-~ L."...U¿",¡;¡¡~""'_.._""""",,¡_~ ~-__L<:;"~",,,,. . -~-- ~...'-. o_¿;;'_ -"'''-~-~~~~~''''''Jii-...<;i;i~~--'&¡¡j,<-~-'''~'~..k~~~-"£~;Oi-.kc;-..- COA 09/20104 4 DEPARTMENTS INCLUDE REJECT · 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). 21. At time of building permit application, submit verification that the City of X 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 numberls 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(f)). 22. Light poles shall be designed to \\<ithstand 140 mph ,vind loads per 2001 X FBc, Section 1606. 23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(1)(a). A X minimum average light level of one-foot candle shall be provided, with no more than 10 percent of the spot readings below one-foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: 24. Recreation Facilities Impact Fee: X · 50 single Family attached Units X $770 ea = $38,500; · Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 25. The Landscape Architect should review the tabular mitigation for the 408- X caliper inches of existing trees proposed to be removed and show all 408- caliper inches of replacement trees as Quercus virginiana, and 1 or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located along the South and East property areas and shown by a separate symbol on COA 09/20/04 5 DEPARTMENTS INCLUDE REJECT the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures :trom the surrounding residential neighborhoods. 26. The Tree & Palm Planting Detail should include a line on the drawing X indicating where the: · diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inches caliper at time of planting; · overall height of the tree or palm is to be measured at time of planting; · clear trunk, clear wood, gray wood or trunk is to be measured at time of planting. 27. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed driveway areas :trom the Golf Road and S.W. 13th Street rights-of- way. PLANNING AND ZONING Comments: 28. The project must obtain approval :trom the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building pennit. It would be preferable to have this approval prior to the Planning & Development Board meeting (December 18,2003). 29. The site plan should indicate the FLU and the Official zoning districts for the X abutting properties. 30. Place a note on the site plan: No provisions for outdoor patios, interior X fencing, screen enclosures, or solid-roof enclosures. Any future request would require a major site plan. This note will help to avoid confusion in the future when project is built out. 31. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 32. An extra row of colorful low-growing groundcover would be required within X the north and east landscape buffers (on the street side of the Cocoplum hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the Land Development Regulations. 33. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Building height shall not exceed two (2) I stories. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. The site plan (sheet AS-I) must be corrected to indicate that two (2) stories and 26 feet - five (5) inches are proposed rather than three (3) stories / 29 . u.. . ". _. -.--~.- - .~ -- ....-.. -., ~. ~ - . ..~ < ._-.....~.~..~........--~~~~i.i'-",,¡~~-¡.,--~- ·'·-~~;¡¡:~~-;..o . COA 09/20/04 6 DEPARTMENTS INCLUDE REJECT feet. 34. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 35. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels. The plans comply since no dumpster enclosure is proposed and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 36. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Use of the property shall be limited to an Adult Congregate Living Facility. The proposed use violates this stipulation. Staff recommends amending the Agreement so that there is no violation. The Agreement must be amended to allow the proposed unit (townhouse) types. If not amended, the plans must be modified to comply with the stipulation. 37. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: A combination of landscaping and wall (the "Wall") shall be constructed on the south property line of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing Associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations, the Wall shall be constructed at no cost or expense to the governing associations. The lack of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence to be placed along the southern property line of the subject property. This would require amending the Agreement. 38. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Parking lot lighting shall be shaded and shielded so as to not shine directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11 :00 p.rn.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH. A note on the plans indicates that the lights would comply with Chapter 23, Article ILA.l of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.rn. Therefore, the plans are in violation of this stipulation. Staff recommends amending the Agreement so that there is no violation, however, if restrictions are placed on project lighting, the lighting should not be below the typical lighting levels of public streets. COA 09/20/04 7 DEPARTMENTS INCLUDE REJECT 39. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations. Staffhas no opinion on this requirement. 40. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels. The plans comply and therefore, staff has no recommendation. 41. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The plans comply and therefore, staff has no recommendation. 42. Due to the limited amount of dedicated recreation / open space, staff X recommends incorporating a meandering trail into the design of the southern landscape buffer. 43. Staff recommends varying the heights of the proposed Live Oak and Sweet X Mahogany trees proposed within the east landscape buffer (between 12 feet 1-- and 16 feet). I 44. If possible, City staff respectfully requests the applicant petition the L WDD X to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that may be found in the L WDD right-of-way. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 45. To allow the applicant and staff to work together (prior to the City X Commission meeting) to re-examine conditions #24 and #25 for completeness and accuracy. If the conditions are in fact correct as it relates to the proposed site plan, the applicant agrees to the conditions. 46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X will provide adequate landscaping (shrubs) along the southern property line adjacent to the L WDD canal, in order to provide screening and security. The omission of a buffer wall would require amending the Stipulation and Settlement Agreement. ADDITIONAL CITY COMMISSION COMMENTS: COA (updated 10-1) 1 % 1/04 8 DEPARTMENTS INCLUDE REJECT Comments: 47. Replace condition #46 with requirement that the proposed wall at the X southern border be 6 feet in height or consistent with the amended settlement agreement. 48. Replace condition #38 with requirement that lighting fixtures be reduced in X height (where visible ftom 13th Street or consistent with the amended settlement agreement. 49. Approval is subject to final review by neighborhood associations and X court approval. MWR/elj S:IPlanningISHAREDI W PIPROJECTSI Venetian VillaslCOA.doc VI.-CONSENT AGENDA ITEM D.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 ~ October 4, 2004 (Noon) September 20, 2004 o August] 7, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 0 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004:? ("")--\ -- -i -.,. (/) '-<0 c=J September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 200~ .~ '"Tl -. ::::;:) - ~qo a... ~_:-2-< ----...~ c=J Adnùnistrative c=J Development Plans :!:>- . .)--\ .' 0 _v. 0= NATURE OF ~ Consent Agenda c=J New Business r- ->1 .. '1 co AGENDA ITEM c=J Public Hearing c=J Legal Ul -[T ;:-;> N r-f1("") c=J Bids 0 UnfInished Business :x: c=J Announcement 0 Presentation c=J City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-201. Please note that this request for Master Plan ModifIcation corresponds, and is timed with the application Quantum Park DRIA 04- 001, which is scheduled for second reading on this same agenda. The accompanying staff report covers both items. EXPLANATION: PROJECT: Quantum Park NOPC #14 (MPMD 04-005) AGENT:' Eugene Gerlica, Quantum Group of Companies OWNER: MFT Development, Inc. LOCATION: West side ofInterstate 1-95, between Miner Road and the Boynton (C-16) Canal DESCRIPTION: Request for Master Plan Modification approval to add the "Office/Industrial & Industrial with Retail Sales" (01 & IndIR) land use designation to lots 17,21, 50A and 52.and to change the use designation on lots 81 and 82 to "Governmental & Institutional "within the Development of Regional Impact (DRI). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~Signatu" p)~ City Attorney / Finance / Human Resources P anning ãnd Zo g irector S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\Agenda Item Request Quantum Pk NOPC #]4 MPMD 04-00510-5- 04.doc S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-201 TO: Chair and Members Planning and Development Board THROUGH: Michael Rumpf ~~q; Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 11, 2004 SUBJECT: Quantum Park - DRIA 04-001/MPMD 04-005 Master Plan Amendment #14 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PI D). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 12 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54 and 02-54. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #14 proposes amending the existing use designations on several lots in the Master Plan, including creation of a new "IND/R" (Industrial with Retail Sales) designation. All requested changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 17, 21, 50A and 52 from Officellndustrial (01) land use to Office/Industrial and Industrial with Retail Sales (01 & IND/R). The proposed designation includes office and industrial uses as before, with the addition of retail sales associated with an allowable industrial use; and 2) Change in the Master Plan designation of Lots 81 and 82 from a land use of Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). BACKGROUND An amendment to a Dßvelopment of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the _._ __ n __ M .~_ ,_~>____>~~_~~_~._~_ .--'.".--'---.- - --~-,-<.- -- ._~,- Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DR!. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on October 15, 2002. The proposed Amendment #14 alters the approved land uses for that Master Plan. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Parle In addition to the state statutes, staff has reviewed the Master Plan in accordance with land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on August 10, 2004. ANALYSIS Notice of Proposed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the criteria applies to the proposed changes for Quantum Park DR!. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: ïhe following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". 4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within a authorized multiuse development of regional Impact which was originally approved with more than three uses specified In 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Amendment #14 involves changes to four land use categories: Office/industriaVCommercial, Officellndustrial, Governmental & Institutional and the creation of Industrial with Retail Sales (IND/R). There is a loss of OfficellndustriaVCornmercial (OIC) acreage, but the allowable square footage thresholds would not change on the Master Plan. Simultaneously, there is an increase in the Governmental & Institutional (G & I) acreage. These changes are reflected in the 8Notes" section on the Master Plan. The proposed 2 Quantum Park - DRIA 04-001lMPMD 04-005 Memorandum No. PZ 04-201 increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #14 are detennined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #3 regarding Palm Beach County Traffic Peñonnance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There are two (2) major changes proposed. The applicant provided the following descriptive summary of these changes. Lots 17.21. 50A and 52 (10.85 Acres) These lots were previously designated as Office/industrial (01) Land Use. The Land Use would be revised to "Officellndustrial and Industrial with Retail Sales (01 & IND/R)". Lots 81 and 82 (9.39 Acres) These lots are currently designated as Officellndustrial/Commercial (OIC) Land Use. The Land Use would be revised to "Governmental & Institutional (G & I)". Table 1 provides the proposed acreage changes to the DRI Master Plan. TABLE 1: DRI MASTER PLAN LAND USE ACREAGE CHANGES 79.82 0.00 55.90 9.39 All other categories on the Land Use Acreage Table remain the same as approved in Amendment #13. The Quantum Park DRI acreage total of 553.13 also remains unchanged. The Quantum Park DRI has been amended 12 times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may 3 - -- ~----_.._-~--~~~~-~-----------.--- - ··f· Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 wish to propose changes to an approved development of regional impact, including changed market conditions". These proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Impacts Reqional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that U A traffic study shall be submitted with any future application requesting a change in use designations on any lot. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has not completed their review at this time. The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has not yet received a formal written response from DCA, however TCRPC has responded that the proposed changes will not create additional regional impacts. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. There were no significant local issues identified by the TRC members at this time. The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of servÎce will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. 4 Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 Consistency and Compatibility with City Policies Of the changes proposed by the applicant, none present issues that are contrary to city policies. The proposed changes are discussed below. Lots 17. 21. 50A and 52 - Lots 17, 21 and 52 are all vacant parcels on Gateway Boulevard between Quantum Boulevard and the LWDD E-4 Canal. Lot 50A is located on High Ridge Road, south of Gateway Boulevard. Lots 17, 21, and 52 are situated between groupings of properties designated as Mixed Use and/or Commercial. The addition of retail sales in conjunction with recognized industrial businesses would appear to be highly compatible. Lot 50A is a vacant parcel, six (6) lots south of CarMax on High Ridge Road, south of Gateway Boulevard, intermingled with a number of parcels designated Office/Industrial (01). The proposed revision to include retail sales as a part of an industrial operation would appear to be compatible with the surrounding industrial businesses, which may already have a wholesale component, and office type businesses. There appears to be no downside to the proposed change on these lots and the new designation should improve the marketability of these parcels, ultimately leading to construction on the properties and introduction of new business to Boynton Beach. Lots 81 and 82 - The second part of the requested amendment is to change the designation of vacant Lots 81 and 82, located at the southeast corner of Gateway Boulevard and High Ridge Road, from Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). As the City of Boynton Beach has purchased the two lots totaling 9.39 acres for future City use, including possible construction of a Fire Administration Building along with a fire station for the northeast section of the City, the Governmental & Institutional (G & I) designation is totally appropriate. Conclusion As indicated herein, the impacts of the proposed DRI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. The proposed amendments are consistent with City policies and appear compatible with surrounding land uses. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Therefore, staff recommends approval of DRIA 04-001 subject to the Conditions of Approval attached in Exhibit "0". Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of designating Lots 17, 21, 50A and 52, Office/Industrial and Industrial with Retail Sales (01 & IND/R) and designating Lots 81 and 82, Governmental & Institutional (G & I), subject to the Conditions of Approval attached in Exhibit "D". S:\PLANNINGISHAREDIWPlPROJECTSIQUANTUM PARK 2004 AMEND #14+ MPMDIDRIA 04-OO1ISTAFF REPORT #14.DOC 5 .__~_r- ....' .---..-.,..-,,~.-. -.->_..."-~- . .~;,~~::,::.. : . . - . .. "~i"L~GA-T4øl'\rMAP EXHIBIT .~A. "." .., - . .' ,.' " ." . .' -->;' u . 'OOÄN-""-' ...'" " ' ....' ..",-~.."",~, . .. ;~' , . 'TOM" 'iA~-' ,.". . ....' --,- . . . 'p'" ,." ' .., . .- J 1I:II!!'~___u" '_u' ,RK' .,.... . "c',"' , -. . ....' ..' .,-~"" -' ~ . . -:; . I r;;¡¿-k ~\;J(J ~i , ~/. NOT~':'- I .... . r ,.......... ",fI¡' ~ ,!::I IN . . -- l :> i£; O'\L J"/.' ...... .-- r =J _ . ,,;¡, ,..\ . <-:: ,. .--, :. LaT . ~ .' ___ L.------' ø. ' G .(' 't: f d~ r. R'I^'" "' " . ' i ( ~ .' f" ¡;;'I" _ j' i - ~ , ,/§. /, . ~rn ~ ~Á T J ~ · . ~ ~ ~ .' .,i · .. __ ..., r I" j' r ' . . . ' ~' . ,. r ~ I J ~ lõ . : j , , ~ I ,f . __. . -r _....... I J. -j ::J .." . _. · '-- '; r I '~~ J --' J ~ ...J. I' ---=' .' '" .",.,; _ . .__-,,~ ru -'L '1 . .. ...., ~ . " . . _, :.,r- __~[J,I . <:); .' , f f16 7, I"" ~ ¿J~~ I .,t.~ . .' II J' OVN~~~~ I _ . . _ _ r--:!3 H =: .~ _. K OF COMM E R " '12 == PI~ ~.. _ u:UANTUM PARKï"' ~ '. ' . Ißt ~'. "MOTDRO~k ~. 'J", -' ,J:ÍJ ~ ' .' 1: c. 1 , . . . -.... __ . It'" i~ " ,...' . ' . ~ . . " _ '. f-' ¡ . I..' .. · ~. ." ,.. '.... . \ .. , ,,' ':" .... .' , .', ' .; PLÌ - ...,' --- .' " . , ' .. ' . n. . ' . 1 I iïihi"TT 1 ' :.' u fl '.. . , =" " "", ' .. .... , - . ..... - ~....,. ... ." [ C ;:~:'R''- ", " ... ~I E I _. . . ..d ' I WIT :. " It.C ' r:: ~ .. y · , ..' _ ~ ' ,-:w~~' t;~~. ,0, 1/8 MILESV' ~ . _ ~ R A A . 'j : ik ~ nT ~.. DO 11.11111 'I' , ,œ . q::rJ . 0 400. '800 FEET . I I ,,,_,,..,,.111': ---- -- ~ - - - ~ D .-._. ;1 ð- u ----EXHIBIT "B" ~ II ~ ~ 1 I ... 8 i I ! ... II~ I ~ r ~! -~. . : i ~,,~ ÎI i In I - Imnum i @ Ii I: ~~ ~ I' § ~;~"~¡I!~U8 I! " s I I~II ¡. i _0 -~j"·"1 ~ ~ ~ ;Innm ! Ifrm t !i:Oð~~5~ð" _ _ 0 I ~ r! I ~ ~î:a"~~'~~~ h~~i ~ I i!!i ~ i ¡fb ¡ i ;!è . ~ ~¡ !! ~ ª ¡ In I I . ~ I I ~2 ¡ I g~~¡ I : 2i~ ;J. ~il~ I ð oj >- I ~I~ ¡ ~¡ ! , II! I I ~ .. J I I I I I L'IØ) [-4 cIW'L I I I I I I I "" I I !~ i I I .1N3f'O:rt'tw"II1l" ~ I I I I I I I ffi- ~ ~: ---- \ - -- - - I - --- - I 3I1N3'\"t' SS3II!)NOO - ---- I g @ < - - - -- ffi §. Q ~ - !! ~ t~ i . ~~~ ~ . - ~ ~- :p~ II.! ~ ~ ~! I' ~ ¡d å ~I ~, J ~ " "" "'~~ ~ :5!1~ ~ ~~Ë j - d 1tl!i 1i!1I¡ ç it! li'I~~1 j I ~i IÜili\¡ ~ ~. e ~ ~~n! I I!I I! IM~~ IIIIIII .... _lWtMl'Il EOIt/~I/ø ...... ~~---................. _.-_-.0>_. ~ EXHIBIT "C" i ¡ II ¡ I ¡ II J : ¡ i I II ..... ... w § : I tii~' -' I I" I 1118n1Um 8 8 it.. ~ I~ II II § : Ii U I ~~ ~;3¡~512!~1 = i ø ~ >- 1IIlidllli ¡ I L:...J.III ~ ø ~ ¡ ! ~ r! ~ 3 ot- U=oe8åi~ e. Iii itl, I I .~ ~llh .. ~ ~ I i ~ a :!-: B I ~ ~ ¡,n I ~ I N I gê ~ I ..... .~N~ I ffi~a! I ~~!~ : '1- I ê~l~ I ~! ~ I läli I I I .- I I I I ! I I I I I I ... I I _ i I I _... I I I I I - I I I ~ ¡ I I ffi- ~- ------------------ I I It I I ii 3111G\V SSJII:>NO:! ------- -m ----- ~ I i I ill ¡iii 'I~ · ~; II II ~ II 5 1 I.. I .1111~il ¡! Þ III Ilq,~: .n ~ sinn II II 11'1111 I I' J I.... ., .. I I II III ... EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/ Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a July 7, 2004 Planmng & Zomng date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The applicants will be subject to all applicable rules and regulations of all X governing agencies as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: ,,-~ ..-. -~ --¡u i - "-"___,,-......-...>-. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 380.06 (l9)(e) 5.a. and (l9)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 3. Provide notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be detennined. S:iPlanning\SHARED\WPiPROJECTS\Quantum Park Amendment #14 + MPMD\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park NOPC #14 (MPMD 04-005) APPLICANT'S AGENT: Eugene Gerlica, Quantum Group of Companies APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7,2004 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to add the "Office/Industrial & Industrial with Retail Sales" (01 & Ind/R) land use designation to lots 17, 21, 50A and 52 and to change the use designation on lots 81 and 82 to "Governmental & Institutional "within the Development of Regional Impact (DRI). LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton (C- 16) Canal DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001- Revised.doc ._,. _ _~_____,_._____ _, _~O_ .___ __> vr.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meetin2 Dates in to City Clerk's Office Meetinl!. Dates to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 181 October S, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4, 2004 o September 7. 2004 (Noon) August 16,2004 o November 3.2004 (Noon) October 18, 2004 ~~) o September 21, 2004 (Noon) September 7.2004 o November 16. 2004 (Noon) November I. 2004 '~-} ,-- --i :~-< (J) ·'·<0 p, .:-; -'1 -::1 0 Administrative 0 Development Plans ",} i-CJ :"0 - ~---~'., " NATURE OF 181 Consent Agenda 0 New Business ~ ---. . .< AGENDA ITEM 0 0 ~ .~..'-; -~ Public Hearing Legal .-...-,;,a C> c..-:;z 0 Bids 0 Unfinished Business 0 -q """'lc:J -Pl 0 0 j''"' <:Jþ Announcement Presentation c;:¡ r"ln 0 ~ City Manager's Report ...... RECOMMENDATION: Authorize City Manager to work with the Boynton Cultural Centre, Inc. who is requesting the opportunity to define, develop and design use for and operate the Old High School in partnership with the City. EXPLANATION: The Board of Directors recently completed a Strategic Plan and Space Needs Assessments. The results indicated that there is a need to serve a greater audience which will require additional space. The Boynton Cultural Centre Board requested that if the old high school were to be saved. they would like the authority to move forward with the project. Board President Hilary Lynch submitted letter on February 25, 2004, and on August 16, 2004, the Board made a presentation to the City Commission and CRA at a joint workshop. PR.OGRAM IMPACT: A successful project would complement the city's economic development goals and Town Center concept by serving as a catalyst for downtown redevelopment. FISCAL IMPACT: Through the operation of the Schoolhouse Children's Museum in partnership with the City, the Boynton Cultural Centre has demonstrated its ability to handle such a project. See attachments. The due diligence process will include economic impact and fiscal feasibility studies that will assist in defining the tenus of a future contractual agreement for operation of the resulting project. ALTERNATIVES: Do not authorize the City Manager and the Boynton Cultural Centre to proceed. Detennine a different course of action such as: identify and work with a different partner, fully fund e project without a partner, raze the building. {r< F~jJt 1-b~ DepartmetÁ Head's Signature ignature LibraIy/Museum Department Name City Attorney I Finance I Human Resources ~Ae~ <3-e..t..- L--~ 9 \?-'1 )0'1 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ '\J,te- MA-rør ~ ~ ,/ ~ 1'}ø 1 ) 0 &1 ;._~ i. ~- MEMO 24 September 24,2004 ¡~--:::. TO: Manager & City Commission ~ t- . w:~~-\-t¢ \)~ri. \f"Þ--p . FROM: M.C. Ferguson r~) RE: Town Center and the Old High School The recent report on the proposed outline for the Town Center complex has some excellent suggestions, particularly as regards parking and covered walkways, but I want to take issue with two parts of the overall report. First, while I certainly agree with the suggested tear=down of the existing Civic Center, I think the replacement building, in its location toward the east side of Town Center, and its suggested cost of about $1.5 million is pedestrian in the sense that it only replaces the current building. My conception for the east side of the Town Center is the Children's Museum and the Children's playground in their present location in the northeast area, a teen center and perhaps a small chapel in the middle-eastern portion, and the senior center area with shuffieboard, etc, (as with the current Madsen Center), coordinated with the parking garage on the south area. ~ One suggestion already made is to utilize the top of the parking garage for this. The Art Center would remain in its present location. The second issue ties in with the fIrst as far as the location of the new Civic Center is concerned, and that is the Old High School. In all of the discussions about this entire area, the one anomaly that sticks out like a söre thumb is the Old High School. Not only is there no architectural significance to this building it seems to me unconscionable to spend $4.2 million to update it and only one-third of that amount on a new Civic Center. I will certainly vote against preserving a structure which comprised an all-white high school; this is not a legacy that I want to have. I was the onJyone ofus on the Commission in eady 2001 when we first listened to the Lorelei and its song of good things and financial balance for the City if we would retain this building. Nothing came from those promises and subsequent attempts failed because the City could not release the property to an outside agency. Other failed proposals included a repertory group. a charter school and extensions of the Children's Museum for office space. None of these provided adequate tinancials to even come close to a breakeven. The current proposal estimates that about $2.0 million can be raised to support the rebuilding of the Old High School. This would yield less than half of the money needed . ~ ---------. -<- --' ..____,.___~o~___..·__._. . ..,_,_ ..._~___E~__ __~_~__ ,_~~~_-~_.__<,~~ __'_,_e_~ _0....___ ~_., -<'~;,..-.~i~'~ to rehab. There is no money included in the CRA budget for this, so the City, after at least another year, wouId be pouring a significant sum into rehab with only more promises for even approaching a break even. It seems to me a better idea is to raze this building and consider replacing it with a new Civic Center, or Government Center building which couId be four or five stories high and perhaps arch over Ocean A venue. This would have the effect of a wedding cake tier in the middle of the two-story City HaU complex and the new Library and with perhaps a band shell outside the Center (a la Reno) with a retractable awning covering the seating area. To meld the architectures together would need à genius like the Spanish architect Sandy Calatrava. Moving the new Government Center to the site of the Old High School and abutting Seacrest opens up the inside area to covered walkways and a quadrangle effect. With the higher elevation the entire complex would be in better balance to the eastern Marina area.. Beside the existing functions to be included in the new Center, I envision some corollary uses like space for charitable organizations, perhaps a Post Office, banking, insurance, financial services, plus retail things like an ice cream shop, sandwich shop, and beverages, and personal services like a music studio, barber shop, massage, Tai Chi, Pilates, eye glasses and health care. For budgeting purposes, the $4.0 million remaining after the High School is razed, plus the $1.5 million for replacing the existing Civic Center, pluis the #~l1ion that the fund raising effort couId produce puts a real dent in the cost ofthé-1l" Uildi1\g. We need to have a much bolder vision for this part of the Boynton Beach redevelopment. M. C. Ferguson . ~ ....'.c.·.~:...·.~~.:.:_ - . ."é.'_'"'"_ ~c·_ -__ Schoolhouse Children s Museum BOARD OF DIRECTORS February 25 2004 Hilan Lynch ' PRESIDE:YT Deidre Mahler Kurt Bressner, City Manager VICE PRESIDEVT City Of Boynton Beach Brian Edwards PO Box 31 0 SECRETARY Boynton Beach, FL Robin SWlidlee TREASURER Dear Kurt, Jane Brief Virginia Farace First and foremost, thank you for your continued support of the Schoolhouse Angela Girrman Children's Museum. I know you too must share the pride and success of this Garfield Hamilron exceptional partnership. On behalf of the Board of Directors of the Boynton Richard LewIs OJ.ltural Centre, I would like to outline our plans for the immediate .future. Voncile Smith C Stanlev Weaver After completing a Strategic Planning Process, the Board has set 3-year goals in Tory" If;¡eat the areas of fiscal, youth, volunteers and staff. Achieving these goals clearly Kenm"h M. Kaleel means expansion. With that in mind, we want you and the commissioners to GENERAL CQ{JNSEL know that if the 1928 high school is saved, we would like to take the lead and STAFF partner with the City and the CRA to manage the facility in a similar fashion as Arleen Dennison we do the 1913 Schoolhouse. If it is determined that the building should come EXECUTIVE DIRECTOR . . down, then we would want to partner wzth the czty to expand the museum onto Jlldi }vlars/¡ that property. EDUCA TlON & EXHIBIT DIRECTOR . . Within the last two years of operation, we have developed a strong support Cmdy Elsenhaller b if· . b d d Wi b I· ti· t b· Education Program Scheduler ase 0 UlSttors, mem ers an onors. e e teve we can con nue 0 nng people, programs and prosperity to the downtown area. As the City goes Susanne Berman ., I I kn ha I I Wi ADAfIN1STRATIVE through Its planmng process, pease et me ow w t ro e we can pay. e SECRETARY are prepared to increase our "friend and .fund raising" efforts so that we all Janet DeVries achieve success. The Board and staff are prepared to meet with you, serve on LIBR4RY ASSOCIATE appropriate committees and set a course. Thank you and we look fonuard to Gloria Klllgman expanding our partnership. VISITOR SERVICES SPECIALIST S· 1 tncere y, h~&hM ~ HS/TOR SERVICES .c SPECIAlJST . ..~ Hilary Lynch President cc. Mayor and Commissioners, Quintus Greene, Doug Hutchinson, Wilfred Hawkins and Vzrginia Farace .,.:...:L... .,.... 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 Fax (561) 742-6781 www.schoolhousemuseum.org â . Winner! BeS't Children's Museum 'Palm Beach County 2003 .--. _._~_..-....~-~~.----,~-,---~. - .--.' - .~.._-" ~-----~---- _..-...... FACT SHEET Strong Community & City Partnership · Boynton Cultural Centre, Inc. was established in 1996 to undertake the exhibit design, fabrication, installation and programming for a hands-on children's history museum as a revitalization endeavor for downtown Boynton Beach. · Fundraising support from individuals, foundations, corporations and grants led to a successful opening of the Schoolhouse Children's Museum in November 2001. · The City of Boynton Beach owns and supports the building through a Management Agreement with the Boynton Cultural Centre. Mission Statement · To encourage children and families who reside in or visit Boynton Beach and surrounding communities to learn about themselves and the history of Palm Beach County through a Schoolhouse stimulating array of hands-on and interactive exhibitions, programs, activities and special events which focus on the richness and diversity of the local cultural heritage. @) Children's About Our Visitors Museum · Target audience is ages 2-12, with a strong emphasis on 4-8. · Averaged of 34,000 visitors each year our first two years. Anticipated annual was 17,0001 @, · Enrolled 1,301 family, individual and grandparent memberships in less than 12 months! · Visits from over 55 different local schools and groups · Birthday party bookings run 4-6 months out Milestones and Achievements · 2003 and 2004 Recipient of First Place in South Florida Parenting's tri-county Kid's Crown Award voted Best Children's Museum among family outings · Named in AM's 2004 Florida Destination Travel Directory as a "Must-See". · Extraordinary word of mouth-New York family staying at The Breakers spent 5 hours at the Museum, told their neighbors back home who visited us 2 weeks later · National magazine advertisement has inspired requests for more information from 46 different states and Canada · Volunteers graciously donate over 2,363 hours a year Proven Track Record for Financial Support · Over $550,000 in grants from the State of Florida Bureau of Historic Preservation for restoring the building · $1 million of support from Palm Beach County from Recreation and Cultural Bond Referendum, with appreciation to Commissioners Mary McCarty and Warren NeweR · $40,000 to Kids Kingdom Playground and the Schoolhouse, with special thanks to County Commissioners Maude Ford Lee, Mary McCarty and Warren Newell · $50,000 from Palm Beach County Recreational Assistance, with gratitude to Commissioner Warren Newell Exhibition Highlights · Drive the milk truck and milk a cow at Dairy Days · Scamper in the mangrove and crawl through an alligator at Mangrove Manor · Shop at the General Store · Ride the tractor and load the conveyor at Pepper Patch Farm · Talk to an animatronic robot at the Lighthouse . · Fish off the Hypoluxo Steamer '~ · Build a body at Doc Weems Office · Play outside on the ship at Kids Kingdom Playground · And so much more... , BOYNTON CULTURAL CENTRE, INC. Schoolhouse Children I s Museum Request to the City of Boynton Beach Re: Old High School Property %.~1 . ~i.t-- ~~J.~.r:,~ ~ ~, "I <"'" _..~.. .-.::....]J.. ... .... "'7;",. ~t.., ,,::-... ~ ~ .."; ....·G~ ~;.~' . (fIil'~ -~ (J.r~Y\ , II It ll, I. t I ~ I \ I I II \', I" -- ' ,'I vI , /J CUltural Centre s.:~ ....." ÞO'Ius!:mJ September 2004 .---~--~ ..- - >--~~--~,--=--= ~-<- - . ._-,-----_.." ,.._,;, ~"'._o__~1 Table of Contents Executive Summary Description of the organization's mission and goals Description of the children's museum industry · History of children's museums · National trends Present Situation · Museum Profile Community Resources · Collaborations · Current Membership Organizations Administration and Finance · Evaluation Process Supporting Documentation · Board letter to the City · Presentation to Joint Commission/CRA · Chronological History · Fact Sheet · Strategic Plan · Space Needs Assessment Executive Summary The Boynton Cultural Centre, through the operation of the Schoolhouse Children's Museum, has previous success: · Working jointly with the City of Boynton Beach to define, construct fund and operate a city historic landmark by means of a management agreement · Complementing city economic goals by seNing as a catalyst for downtown redevelopment and forecasting · Enriching the local heritage, developing community identity and image both to its own residents and within the county · Cultivating and attracting donors and funding sources from within the community and corporate structure as well as recognizing the need to reach out beyond the city's resources and · Providing a safe, engaging, educational and award-winning environment for children and their families adding to the cultural enrichment of this community. The Board of Directors recently completed a Strategic Plan and Space Needs Assessments. They realize to seNe a greater audience; they need additional space. The Boynton Cultural Centre, Inc. has also requested guidance from the City of Boynton Beach, if the old high school was to be saved via: 1 . February 25, 2004 letter submitted by Board President Hilary Lynch 2. and August 16, 2004presentation at an open workshop of the City Commission and the CRA Board of Directors Once the City of Boynton Beach assigns this project so that one group may spearhead the effort the following effects will transpire: · Fundraising sources will no longer be tentative to commit dollars to undecided projects · An Economic Impact Study can be initiated to demonstrate city benefits for dollars spent · A Business Plan and Performa budget can be developed based on partnership figures · A Feasibility Study/Community Cultural Assessment with focus groups, public meetings and inteNiews will define the best use of the building · A Case Statement will direct a Fundraising Plan and · A Capital Campaign team can be mobilized. At this time, we ask the City of Boynton Beach to grant the Boynton Cultural Centre the authority to define, develop and design the Old High School and to operate 100% of the facility in partnership with the City and the CRA. Specific goals would be to take on this challenge: · With no additional requests for staffing from the City · A similar management agreement where the city funds operational expenses for its own building similar to that of the 1913 Schoolhouse and · A Partnership with the CRA to further success within their jurisdiction. .-..~- --~-----,--..--,,------ - -, -----~..~..._~--~~^-'.-. ____O_~_.....-...-_.....-~____'~___..L_.__>____. ·.~_.-'.___s.,_ Description of the organization's mission and goals "The Mission of the 1913 Schoolhouse Museum is to encourage children and families who reside in or visit Boynton Beach and surrounding communities to learn about themselves and the history of Palm Beach County through a stimulating array of hands-on and interactive exhibitions, programs, activities and special events which focus on the richness and diversity of the local cultural heritage." In creating a focal point for the cultural renewal of Historic Boynton Beach, the Museum seeks to fulfill its mission in the following ways: 1 . By building partnerships among area schools, libraries, historical societies, businesses, community organizations and local government entities that are committed to offering programs which supplement and complement school curricula in social studies, applied science, humanities and fine arts. 2. By fostering parental involvement in their children's learning through programs and activities that families can enjoy together. 3. By supporting and facilitating the preservation and growth of local historic resources. Description of the children's museum industry . History of children's museums American Association of Youth Museums (AA YM) began in 1962 with a small group of children's museum directors who decided it would be helpful for them to meet informally as a group during the American Association of Museum's (AAM) annual meeting. Michel Spock says, "AA YM stayed informal for about a decade. We resisted turning it into a real organization. We didn't take minutes or have formal meetings. It was for directors - to discuss our common purpose and our problems and issues." Approximately ten children's museums were operating in the United States at this time. In the early 1970s, while still informal, and still only for directors, the organization did elect officers and take meeting minutes. Minutes and memories of that time recall both a sense of playfulness and a seriousness of purpose. Bonnie Cusick, executive director of the Duluth Children's Museum says, "I remember one funny day. Michael brought in some objects from a factory - small, red, toy rubber boots. Everyone had them on their finger, dancing with them." At the same time, minutes from those early years of AA YM meetings describe members passionately talking about the role of children's museums, the importance of museum education, and the purpose of the organization. Out of these meetings came plans to research, write, and publish (1981) what became Museums, Magic and Children by Bonnie Pitman, a landmark work in museum education. A defining moment of change for AA YM came in 1986 at its annual meeting help at the Brooklyn Children's Museum. A discussion of the future direction of AA YM resulted in a decision to take a leadership role in the field of emerging children's museums, providing support and technical assistance. Selma Shapiro was elected president of the association with the stipulation that membership be opened up to all different kids of staff. Remembering that meeting, Shapiro says about AA YM, "I believed in it. It was going somewhere and it had to be open." The association took its new direction seriously. The first issue of Hand to Hand, the quarterly journal of AAYM, was published in winter 1986/1987. A part-time AAYM director was hired to coordinate InterActivity, to produce Hand to Hand, and to offer other form of technical assistance. Kate Bennett, executive director of The Rochester Museum and Science Center and A YM president from 1990- 1992, remembers the late 1980s and early 1990s as a time of many important accomplishments. During this time the organization's name changed to the Association of Youth Museums (AYM), the Great Friend to Kids Awards was instituted, strategic planning was initiated, the first membership directory was published and the reciprocal membership program was established. Also, in 1991 A YM received an Institute of Museum Services grant to work on standards for the field and published The Professional Practices for Children's Museums document which AAM uses when a children's museum applies for accreditation. In 1994, A YM, with the start-up financial support of the Knight Foundation, completed its transition to a professionally staffed office in Washington, D.C., with 247 members and Janet Rice Elman as executive director. Today AYM has become the Association of Children's Museums (ACM), employs six staff and serves 411 members, including other types of museum, museum consultants, and corporate supporters. Elman says, "From my first day the phone has rung off the hook with questions from people interested in starting children's museums in their communities. The growth of ACM has paralleled the amazing growth of the field and the pace is still strong. I am constantly in awe of the commitment to serving the needs of children and families demonstrated by our members. So strong is that commitment that children's museums across the country and around the world are willing to share information with one another in an effort to continuously improve upon the best practices in the field. ACM's strategic framework pushes three strategic objectives: to communicate the value of children's museums, to undertake leadership initiatives, and to promote best practices. Through its work in these area, ACM strives to enhance the capacity and further the vision of children's museums in order to make them places for children and families where play lead to lifelong learning." . National trends For almost 100 years, children's museums have succeeded in their mission of stimulating curiosity and motivating learning in young children. These museums complement efforts in schools, child care centers, and homes to enrich the lives and education of children. ACM is committed to supporting excellence in these efforts. ACM membership reflects the many approaches, disciplines, and forms that characterize the international children's museum field. ACM welcomes the participation of established and emerging children's museums, as well as allied professions concerned with children and learning. For this diverse and evolving constituency, ACM is a forum for interaction, a source of information and professional development and a focus for collaboration. Membership ranges from traditional children's museums, to large collections-based institutions that are dedicated to serving young visitors through a variety of interactive exhibits, to groups that -~,---~~ ~..~-. . - --_.--- . _~v-'_'___4' are in the planning phases of opening a children's museum. Membership is also open to corporations, consultants, and individuals Present Situation . Museum Profile Statistics The following is capsule of visitor numbers since opening November 29, 2001. While nationally startup children's museums have traditionally experienced a drop-off in numbers after the first 18-24 months, we continue to see a flattening in monthly statistics yet an increase in total numbers. 1st Year 2nd Year 3rd Year Fiscal Year 10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04 Dates of Operation 11/29/01-11/28/0211/29/2002-11/28/03 11/29/03-11/28/04 Closed for refurbishing n/a 8/30/03-9/15/03 8/31/04-9/17/04 Visitors for the year 2186 34258 At this point, this month, this year 4070 28354 29168 Dee 70 2022 2185 Jan 1506 3586 3004 Feb 1984 2703 3472 Mar 421 3305 3091 Apr 189 3323 2957 May 471 2492 2222 June 93 3116 3994 July 860 4104 4333 Aug 176 3703 3910 Sep 478 1430 Oct 925 2193 Nov 713 2281 · Membership Of the 3,312 individuals, grandparents or families who have taken out memberships for the Schoolhouse Children's Museum, approximately one third have been from Boynton Beach. Visitors from outside of the city have been advantageous for additional fundraising opportunities as well as bringing new restaurant and shopping opportunities to our city. Palm Beach County: 3141 Dade and Broward County: 132 Atlantis 13 HOllywood 2 Boca Raton 474 Doral 1 Boynton Beach 1110 Fort Lauderdale 6 Briny Breezes 1 Coconut Creek 16 Delroy Beach 365 Cooper City 1 Greenacres 33 Coral Springs 17 Gulf Stream 11 Davie 2 Highland Beach 8 Deerfield Beach 24 Hypoluxo 21 Morgate 4 Jupiter 18 Miami 9 Lake Clark Shores 4 Parkland 26 Lake Park 1 Pembroke Pines 5 Lake Worth 619 Plantation 3 Lantana 71 Pompano Beach 14 Loxahatchee 5 Weston 2 Manalapan 1 McCormick 1 Florida (not South Florida) 15 Merritt Island 1 Miramar 1 Out of State 22 North Palm Beach 10 Ocean Ridge 63 Canada 2 Palm Beach 13 TOTAL 3312 Palm Beach Gardens 30 Palm Springs 12 Royal Palm Beach 24 Village of Golf 11 Wellborn 1 Wellington 30 West Palm Beach 189 ..,.,...,,,<~-- . ...._..~"~ -~>-- ""'-->>---<-------<. ~--<--,-".~~ .~.---- _ __,.~v'__~___~",_ '-________'......_..-.___.~ 'C. .__..."...;.'--'~,.-, community Resources · Collaborations City Of Boynton Beach · Saving and utilizing our community resources Boynton Beach City Library · Resource, select organize, disseminate information and research Boynton Beach Historical Society · Preservation of the history; repository of the historical artifacts Boynton Cultural Centre · Schoolhouse Children's Museum showcase our local heritage City Recreation Department · Engage citizens in diverse recreational experiences Chamber of Commerce, CRA and BODA · Assure a healthy economic climate for businesses and citizens · Current Membership Organizations Local · Boynton Ocean District Association (BODA) · Greater Boynton Beach Chamber of Commerce · Museum Educators of SE Florida (MESEF) · Palm Beach County Convention and Visitors Bureau · Palm Beach County Cultural Council State · Florida Association of Museums (F AM) · Florida Trust for Historic Preservation National · American Association for State & Local History (AASLH) · American Association of Museums (AAM) · Association of Children's Museums (ACM) Evaluation Process · A Higher Standard: American Association of Museum's Accreditation As this organization matures, it will evaluation and devise its standards of performance in relationship to the application and certification of national accreditation. For more than a quarter of a century now, the AAM's accreditation program has given museums and the museum profession a clear sense of direction and achievement. As a museum's staff and governing authority work together to evaluate, monitor, and improve their own performance, they strengthen the public service and public image of all museums. Museums seek accreditation as an important goal in their institutional development. Benefits of Accreditation are: A Clearer sense of Purpose, Sound Management Improved Facilities and Enhanced Creditability. Two core questions guide every accreditation review: . How well does the museum achieve its stated mission and goals? . How well does the museum's performance meet standards and practices, as they are generally understood in the museum field? Supporting Documentation · Board letter to the City · Presentation to Joint Commission/CRA · Chronological History · Fact Sheet · Strategic Plan · Space Needs Assessment , ,-''_'__.__0-'--o.. ~_ .~ ,,_<__,.. ~-->_.o""___· --'~-~-'·-'---"---.<'·___·_~~·~<___1' . ... ~ ~o. '8; .-_:_c.~~....· .. /'i" Schoolhouse Children's Museum BOARD OF DIRECTORS February 25 2004 Hilary Lynch ' PRESIDENT Deidre Mahler Kurt Bressner, City Manager VICE PRESIDENT City Of Boynton Beach Brian Edwards PO Box 31 0 SECRETARY Boynton Beach, FL Robin Standlee TREASURER Dear Kurt, Jane Brie! Virginia Farace First and foremost, thank you for your continued support of the Scfwolhouse Angela Girtman Children's Museum. I know you too must share the pride and success of this Garfield HamillOn exceptional partnership. On behalf of the Board of Directors of the Boynton Richard Lewis Cultural Centre, I would like to outline our plans for the immediate future. Voncile SmiTh C. Stanley If/eaver After completing a Strategic Planning Process, the Board has set 3-year goals in Taryn Wheat the areas of fiscal, youth, volunteers and staff. Achieving these goals clearly Kenneth Ai. Kaleel means expansion. With that in mind, we want you and the commissioners to GENERAL COUNSEL know that if the 1928 high school is saved, we would like to take the lead and STAFF partner with the City and the CRA to manage the facility in a similar fashion as Arleen Dennison we do the 1913 Scfwolfwuse. If it is determined that the building sfwuld come r"ECUTlVE DIRECTOR . . down, then we would want to partner wzth the czty to expand the museum onto ji Afarsh that Pronerty. EDUCA TION & EXHIBIT r DIRECTOR , , Within the last two years of operation, we have developed a strong support Cindy E,senhauer b if· . b d d . .. Education Program Scheduler ase 0 VlSltOrs, mem ers an onors. We belleve we can continue to bnng people, programs and prosperity to the downtown area. As the City goes Susanne Berman .. ADJ"fINISTRATIVE through Its plannmg process, please let me know what role we can play. We SECRETARY are prepared to increase our "friend and fund raising" efforts so that we all Janet DeVries achieve success. The Board and staff are prepared to meet with you, serve on LIBRARY ASSOCIATE appropriate committees and set a course. Thank you and we look fonuard to Gloria Klugman expanding our partnership. VISITOR SERHCES SPECML~T S· I mcere y, hŒ&h~ ~ HSITOR SERVICES '. . . SPECIALIST - ~ Hilary Lynch President cc. Mayor and Commissioners, Quintus Greene, Doug Hutchinson, Wilfred Hawkins and Virginia Farace .'.'_......;.~- .... 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 Fax (561) 742-6781 " = www.schoolhousemuseum.org J.1~· -, --'-9 Winner! BeSt Children's Museum 'Palm Beach Coun'tY 2003 Seize the Vision for Boynton Beach 1 --.......- _...~ --=---------~. -~ ,-, .~.,~.~-..,.-.~_.- ~--<- - ----. - ----. ~_.~~~~-_.~~~..--~-~-. .-.- .<._._.___~ -« __~-'_ .,...--.0-.'--.' _~._-~~->_ -- _._ ,·0 _~__ _,'-,__ .,_~ ,-- ~-._~~--,"",,__. Click Main Street, Boynton 1910... 2 Click A small town developing its character and charm 3 ---~-- - -------',-.--,.~~,,...-----'" .-_.__.-_".____,~-.___n -<--. ~_.~_. .'----......_~,-,~.-.-~ -~- -- . .'i','1 ¡: "" \ ~I ò ~)- IV C, f\'" l,". 0 .. (,~ it n u T r Û ~ Click Population 1,053 in 1930 4 Boynton's 1913 Schoolhouse was the hub of activity in the earlier part of the century. As Boynton grew over the years and the population spread, new schools opened and the class of 1989 was the last to use the building. After a land swap between the School District and the City of Boynton Beach, a decision was made to save this old building as opposed to tearing it down. This historic structure, presented a challenge. Then a few pioneers and newcomers... 5 >o",=,_~;.'_.__. . "..,~"--....-_~__....._ ,."._.' .«_.'__~~' __~~o· _,.~ ......-.-_ <_"...,.,.., ' ......;~.<,...<_~~_J,_q...Z..,.--Oh"'~._ ..4~ . . - -- - .";"~,.,~ The Challenge · Practical use for an old building · Destination Location for the Downtown · Community Friend and Fund Raising · Preservi ng the past to ga i n perspective on the future for today's Palm Beach County children and families ...emerged to help the city as it developed a practical use for an old building and created a destination location for the downtown. So began the journey of friend and fund raising to attract today's residents and visitors from Jupiter to Miami to a new regional children's museum where families can spend hours together in an educational setting. 6 Organizational Structure u City Partnership I with SOlCe)3 I Boynton Cultural Centre I Ù :ï ,Management Agreement , I · The City partnered with us, the Boynton Cultural Centre, 1996 to lead the effort to plan, design and coordinate the ongoing operations and programs for the 1913 Schoolhouse Museum. A Management Agreement formalized a Win/win situation exemplifying a public/private partnership at its best. 7 .---'.--~-- <---""........--"'-- ~ ~,;,_._-<.......#<._._.----- .-.--- ....,.o-,--:;_~ ".o-;._> ."r'.........~~..... ~Ï' " ... tA,jë· æ' ;.....~ ¡ .. /#'1%' .,' ~tfi7, . ,.¡. ~.. ·r . I r~' 1 . . - ~ i~ illl 'If . . . I 1 I ,f .Ii ..1 ¡ . .'! ~" ,~ . . ... ... ... . ... . . . . . ... . . . . ~ ... ...... 1 ,,~. . '. .,. ",4 " . . ~. '. ' I ,. "f·, ~-"""""" -- /1,·' _.... .' ¡In ~~:,. ·~<~.,¡t';.' it' {" ( ~ '; I Iii ~'! I ,. .... ,I.,.,!.., ,.' f.' ~.~~ I .¡ I --. __. L.. I _ J.~ " I . .... .... I I... II .. . "'''''f>~ -. ~ ~ . -;6 , - ~. , , -'., ,-, ...... \~) -". "i ~.:'" \ y¡\ .- \ - ." .~ ! ·~'\~Æ '~ '" I' I I ,JJ~ _~ . ,I i ~.'''''-..- L~:1 ,- -, ~:i£.-- . .~"~:""'-"-'., -,~ . ~ ~_.- _. ,-- . I r~r ~ II~ ¡').~ ,; \ ' h~ L · ~: ."~ ! . ,,', :.-- - J¡.:' "·i' , , . , ._- ~::::;;,::,-:--?:~:= :-- .~ !'$;I ..,.1 ~ I \1 .. .. .. . . I .. ... .. . . . . ..... . .. . . .. .. . . ... .. .. . . . .... .. . .. . . I' . . .. . I .. ... . .. . .. . . .. .. . . . . . . . ... . .. . .... .. . . . . . .. . After years of city fortitude, volunteers sweat and donor dollars, the Schoolhouse Children's Museum has morphed into a community jewel, a national landmark, a tool to teach history and a destination location as sited in the 2004 Florida AAA Tour Book. Whichever way you spin it, it's now about what goes on inside the Schoolhouse Children's Museum that makes it so unique and so special. 12 ~.~ ,', . . .. . ~ .,~ -'.;r:t~:.:O- - , . "'i-:'.:o.\' '-~' ~... ~~,:..""<,..., ". ,. ',,; . . ~.., ,;;tI'/ 'i" .' ..".., "', <Y" _~>_, .e.._ \i~, ~.,.,., "~:.. ',. '.J"~. " " """:é_"" ""',..:i,' . '.~" . :;.,;, "-'~.",:¿ ,<~~,;~,\' . ... . . . ,', 'J ,.;\' .~ 4í. ,,' F'f~ 'f'!~ .>- ~~,< ,1~h~~, < ""1,'>- f; . ,......" ........... ,< ~,,' '" ;., ' ',,' . ">-.;..,,,",~,.:>', ~-j. : _...." ~ .~ - ~ . Lf . .. .- . . r ~ , , i r'\.· ~.;. \i'-:2,- " .JW :4- I ì, l ¡ t ' i ! ,~ ···'1pl~~=¡ i' -- . " ~ ì ' = " "'" ,~è t~\.· i , "" f' ," __ . . " "~ i' . ", ;' '. '- = j '['-,1 '-"'; '- .- . . . . . . . . . Congratulations ! Schoolhouse Children's ! I Museum ¡ Winner Best Children's Museum Palm Beach County, 2003 .. .. All reasons why the readers of the tri- county South Florida Parenting Magazine with 2600 distribution points and a readership of over 165,000, have voted this facility the Best Children's Museum for the past 2 years. 16 Museum Visitors to Downtown Boynton 91,702 in 2 112 years 2004 2003 2002 During original planning it was estimated that we would attract 17,000 visitors annually. You can imagine our sense of pride and accomplishment that we have nearly doubled that figure. Close to 92,000 people have come through the doors since we have opened. 17 -- ¡ --'"'-.._0--- .A_, -,~~,~~~,~. - -- --->~--- ~.,. 0'_ __ ___~_._~o~_,,,,,,,ç,,,,,,,,_____~: ~ , ,..",-<-,,,,,,,0-...,0 " ...serving as town squares for children and families where play inspires creativity and lifelong learning." Association of Chi/drens Museums Boynton Cultural Centre fulfills the Association of Children's Museums vision of serving as a town square for children and families. 18 Current Challenge circa 2004 . .. · Strategic Plan l\1Æ·U' · Space Needs Study . Practical use of an old building . Destination Location for Downtown That brings us to today. The Boynton Cultural Centre knows through its Strategic Planning process that while we are meeting the needs of the younger child, there is a strong desire to capture the attention of 9-12 year olds and expand the attraction to all ages. A Museum Space Study identified many such needs. As in the 90's, the City of BB is venturing down a similar path, to identify uses for the 1927 High School and to attract visitors to the Town Square. 19 ,,--/----- - -<~_.--- -.---'----»->--"--.-'- . .. -~_:"'__ _,~___. ~tL- ,_ ~.___"__r_ . · - · . . . Å . - · .- - -. . - . - . . . . . . , . . - - . . - - . The Building -~- ~1~"'HouI/o" . . . there is a difference in the way children relate to objects, such as buildings. The child's perception of the building is just as important as the adult's. Buildings need to be playful and inviting and to signal the activities going on inside in order to lure the child to come in. -Jawaid Haider Whether it's an old building or a new one, a renovated structure or one built from the ground, the first impression a children's museum must make is FUN--- whether they're seeing it from a moving vehicle or walking right up to it! Kids along with their parents or caregivers should immediately recognize that this is a place for them. 21 ____-=~__o___· ----..,,--.--...--- - ~- - -"~.~.~ ..<---_.-..- - '. .~_u__ T~_<-- ~__--:.';'~->ff'",-~., Children's Museum of Houston ! i Colorful columns welcome visitors in Houston's Children's Museum which is central to downtown and other major museums. 22 I.,.-.....-'--~G-_ C'WWPM"'S H......",," ~ In Mississippi a former 1915 elementary school removed classroom walls revealing the original bricks and rafters. The Children's Museum of Maine is located in a renovated church in downtown Portland. 23 . .'~~' ....... - . -..~..........,---,- - - ---._--,~-_......-, ,--,- - - ---~~,-.,~_..~ -~-_...- -, .¡. .- CIo.....~.._ Chicago's Children's Museum, the anchor tenant in the restored Navy pier is said to be the most visited tourist destination in Chicago. 24 , ! i I I Papatott!'. Mt.øeo del....& This brilliantly colored museum design in urban Mexico City flows from the concept of families strolling along Chapultepec Park. It has had over 8 million visitors since it opened in 1993. 25 .~-<''---~> - _!. .,._,~-,-~, --~~~.-'----- ,,-_..--~ ,-"-.- ..> ___<_____-_v_._ _~.__~ -oO~ ___ _.(; Tlte Ch1Idnm's Museum oftndla"apols The Children's Museum of Indianapolis, situated on 13 acres north of downtown Indianapolis, is one of the largest children's museums in the world. The first impression sets the stage for the visitors' experience and prepares them for what they will experience inside. 26 What happens inside? Urban children learn about the outdoors in Brooklyn and San Jose At Exploris in Raleigh, North Carolina visitors learn about weaving traditions at a giant loom 27 """~r..---~_F ~ T ~.-....""'-~~---- "'~~--~----~----.-. _~_. <~h"^_ _ - ~_ .- ~_~"·_.TO>____·"'P">__~""<··_'_'Ii..<· Iureb! The ................ cw...... o.o.~ And in Paris an artist created a machine to encourage children to find different solutions to the same problem. In Halifax a giant foot is part of the Me and My Body Gallery focusing on human body characteristics. 28 A colorful collage helped sick children reveal their feelings in a collaboration among The Washington State Arts Commission, Children's Museum of Seattle and the Children's Hospital. 20 foot rock wall with climbing obstacles, challenges the visitors in Indianapolis. And the Children's Museum of Manhattan offers a chance to stand behind or in front of a real TV camera to produce the daily news or weather reports. 29 ... - --,-~--" ._~ - ,.-. ._~---~---"--.-.--- > __'-_'_~'_"____b~~~~<.k_'___K- QiItAOI't _um..rllidomo.. A Bicycle built for two in Richmond is devoted to innovation where visitors learn that energy exerted by two people is greater than one and by working together things can happen. 30 ~ tt.tt The Future ". , · Feasi bi I ity Study i · Business Plan · Focus Group Planning · Fundraising To be a part of such a future, we know from the past---several steps must be taken. In order to answer the questions of who will fund it, how it will operate, and what it will be, the Boynton Cultural Centre needs permission to proceed to plan, design and fundraise for the old high school. 31 ,-~~._~-,.-........._= .....--,,~'-....--- -- <------ .-.--..- - " Capture the Vision by granting the Boynton Cultural Centre the authority · To define, develop and design the Old High School and · To operate 100% of the facility in partnership with the City and the CRA We're asking that you grant this organization the go-ahead to complete the picture. We're asking to expand the vision for children and their families so that the downtown area continues to prosper. 32 ~ --.~ ~ . -;¡,. ~ .. j . , ..~~~ . , . -J .,.~ . ~ Help us turn dreams into reality by realizing the future is in all of our hands. 33 .---.'-.~-. .........~-~- ~.y-,- ---.---.~-_.-,-~...-...-,-. .. _.~ _-~_~,,__<--<_.. >4+-..' .. Cred its Photo credits from Capturing the Vision; Association of Children's Museums; Mary Maher, Editor, 2001 This presentation produced August 2004 by Boynton Cultural Centre, Inc. 129 East Ocean Avenue· Boynton Beach, FL 33435 561.742.6780 www.schoolhousemuseum.org ! 34 ... M!h' ~!£~~ Chronological History -,-.- . September 8, 1913 Opening of the 1913 Schoolhouse as Boynton Elementary. September 1992 City of Boynton Beach receives $27,500 grant ftom the Bureaus of Historical Preservation to conduct a long-range feasibility study as to uses of the building. December 1992 Historical Society asks City to apply for a state grant. March 1993 LORD Cultural Research Plan and Smith Architectural Study are submitted. May 1993 City approves $320,00 in matching funds. August 1993 1993-94 Special Category State Grant is approved for $272,000 to provide construction rehab work to make the facility available for public use. January 1994 Smith Architectural Group submits study. March 1994 1913 Schoolhouse is listed on the National Register of Historic Places. April 1994 Boynton Beach Historical Society fonns 1913 Historical School Restoration Committee. The original school bell is restored courtesy of Marie, Margaret (Brown) and Frances R. Shepard. May 1994 Long range plan developed and presented. June 1994 City acquires property from County School Board. Business Plan presented. December 1994 Kick -off of the Buy-a- Brick campaign. February 1995 First staffhired is a part-time Marketing Director. May 1995 Robert G. Currie & Associates win the architectural finn bid. Adoption of the new Boynton Cultural Centre name and logo with design courtesy of James Titcomb Creative and Robert G. Currie & Associates. June 1995 Kick-offand VISIONS Goal Planning Workshop is conducted. Summer 1995 Centennial Celebration proceeds are donated to the project. Receive approval on State Grant for $215,000. September 1995 Receive pledges from County Commissioners Maude Lee, Mary McCarty and Warren Newell from discretionary funds for the Cultural Centre and playground. Fall 1995 City receives a $10,000 grant to perfonn an historic site survey to aid in implementation of an historic district. - ..-..... ".,.,<>-<'< ~.-" - <_.~_. _7___~_~_ ._. -------~- .~-- -~.----. ...".. March 1996 State Historic Preservation Committee approves another $25,000 for renovation. February 1996 1913 Schoolhouse Museum Capital Campaign Steering Committee is fonned. Spring 1996 Over 700 volunteers build a 20,000 square foot community Kids Kingdom Playground with a replica of a ship named the Coquimbo and castle. August 2, 1996 Articles of Incorporation for Boynton Cultural Centre, Inc. are filed with the Florida Department of State. October 1996 City hires fu]]-time Museum Coordinator. December 1996 Request for Proposals go out to Museum Designers. Roof construction is completed. March 24, 1997 Boynton Cultural Centre, Inc. Bylaws are adopted. April 3, 1997 Boynton Cultural Centre's 501(c) 3 status is officia]]y awarded. May 1997 Over 60 people attend Creative Planning Workshops on Exhibition Planning. July 1997 Thirteen new members join the Board of Directors. October 1997 Woman's League for the 1913 Schoolhouse fonned to "friend and fund raise". Children's Museum Conceptual Drawings for Exhibits are unveiled. Library Assistant joins the project. December 1997 Over 100 people attend Champagne Tasting Party at LuciJ1e & atley's. January 1998 City of Boynton Beach appropriates $900,000+ for restoration of the 1913 Schoolhouse and awards contract to Mouw Associates. March 1998 Groundbreaking ceremonies held for 1913 Schoolhouse Restoration. April 1998 Over 90 women attend a Fashion Show and Luncheon at a Boca Raton residence in support of a children's museum. February 1999 Brick Dedication Ceremony is held at the museum. March 1999 Palm Beach County Bond Referendum is approved which wi]] award $1,000,000 to the 1913 Schoolhouse Museum for exhibition design and construction. June 1999 Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. is approved. First Executive Director is officially named. February 2000 Fu]]-time Administrative Assistant joins the staff. March 2000 An estimated 1,645 visitors from 16 states and 4 countries visit the Museum during GALA 2000. April 2000 Board of County Commissioners approves tri-party Interlocal Agreement to fund exhibits construction. Cia Mooney, Herbst Lazar Bell, Inc. is hired for exhibition design. September 2000 Exhibition Prototype Stage concluded. October 2000 Presentations of the museum exhibition plans to Children's Focus Group, Historical Society, City Commissioners and Staff receives overwhelming consensus. December 2000 Exhibit Concept Development Documents complete. Construction of Outdoor Amphitheater and Restrooms completed. February 2001 Two finns are selected to begin fabrication of the exhibits: Creative Display from Miami Lakes to build all exhibits and Sally Corporation of Jacksonville for the Jupiter Lighthouse. March 2001 Web site is launched at GALA 2001. July 2001 Museum Board hires Education and Exhibit Director. Exhibition installation begins. August 31, 2001 Invite 900 City of Boynton Beach Employees to a Labor of Love Luncheon in appreciation of their efforts and support of the Museum. Sometime within the month the Schoolhouse Children's Museum metamorphosed from a UProject" to a "}'1useum ". September 8, 2001 Host Birthday Bash in celebration of the 88th Anniversary of the schoolhouse opening with over 500 attendees. October 3,2001 Volunteer Training begins. November 2 -3, 2001 Alumni Reunion Weekend November 29,2002 GRAND OPENING! First Week in July Our 20,000 visitors come through the doors at the 8-month mark! Shortly after, our 2002 1,000 membership is sold! July 2002 Museum hires two part-time Visitor Services Specialist November 1, 2002 Dean Tendrich, Channel 5 Meteorologist and Museum Dad is the Master of Ceremonies for the ¡Sl Anniversary Extravaganza December 1, 2002 Surpassed 32,000 visitors in our first year! Original estimates were 17,000 visitors. Summer 2003 Voted Best Children's Museum Palm Beach County by the tri-county readers of South Florida Parenting Magazine. -_.'--""-~~... ~ . ~~-_._-- _.~-_.._<_.---_. _ __.M .___ _~_ _~,_"_.,~>-____~~_.._,_"u-. . September 8, 2003 9(/h Anniversary of the Schoolhouse Opening December 1,2003 Surpassed 34,000 visitors in our second year at a time when most national trends show a decline. January 2004 Named in AAA 2004 Florida Destination Travel Directory as a "Must-See". February 2004 Over 600 spectators are on hand, as the National World Series Champion East Boynton Little Leaguers honor the 2003 World Series Champions Florida Marlins Manager ofthe Year Jack McKeon, Rookie of the Year Dontrelle Willis and MLB Stolen Base Leader Juan Pierre. The unveiling of engraved bricks purchased by the Boynton Beach Historical Society and The Keyes Company/Realtors commemorate both achievements. Summer 2004 Second consecutive vote for Best Children's Museum Palm Beach County by the tri- county readers of South Florida Parenting Magazine. May 21,2004 First Annual Golf Tournament sponsored by DuBois & Sons, LCC at Delray Dunes Golf and Country Club earned over $10,000 July 2004 V oted Best Children's Museum Palm Beach County by the tri-county readers of South Florida Parenting Magazine for the second year in a row. FACT SHEET Strong Community & City Partnership · Boynton Cultural Centre, Inc. was established in 1996 to undertake the exhibit design, fabrication, installation and programming for a hands-on children's history museum as Q revitalization endeavor for downtown Boynton Beach. · Fundraising support from individuals, foundations, corporations and grants led to a ... successful opening of the Schoolhouse Children's Museum in November 2001. · The City of Boynton Beach owns and supports the building through a Management Agreement with the Boynton Cultural Centre. Mission Statement · To encourage children and families who reside in or visit Boynton Beach and surrounding communities to learn about themselves and the history of Palm Beach County through a Schoolhouse stimulating array of hands-on and interactive exhibitions, programs, activities and special events which focus on the richness and diversity of the local cultural heritage. Children's About Our Visitors Museum · Target audience is ages 2-12, with a strong emphasis on 4-8. · Averaged of 34,000 visitors each year our first two years. Anticipated annual was 17,000! ~ · Enrolled 1,301 family, individual and grandparent memberships in less than 12 months! . · Visits from over 55 different local schools and groups · Birthday party bookings run 4-6 months out Milestones and Achievements · 2003 and 2004 Recipient of First Place in South Florida Parenting's tri-county Kid's Crown Award voted Best Children's Museum among family outings · Named in AAA's 2004 Florida Destination Travel Directory as a "Must-See". · Extraordinary word of mouth--New York family staying at The Breakers spent 5 hours at the Museum, told their neighbors back home who visited us 2 weeks later · National magazine advertisement has inspired requests for more infonnation from 46 different states and Canada · Volunteers graciously donate over 2,363 hours a year Proven Track Record for Financial Support · Over $550,000 in grants from the State of Florida Bureau of Historic Preservation for restoring the building · $1 million of support from Palm Beach County from Recreation and Cultural Bond Referendum, with appreciation to Commissioners Mary McCarty and Warren Newell · $40,000 to Kids Kingdom Playground and the Schoolhouse, with special thanks to County Commissioners Maude Ford Lee, Mary McCarty and Warren Newell · $50,000 from Palm Beach County Recreational Assistance, with gratitude to Commissioner Warren Newell Exhibition Highlights · Drive the milk truck and milk a cow at Dairy Days · Scamper in the mangrove and crawl through an alligator at Mangrove Manor · Shop at the General Store · Ride the tractor and load the conveyor at Pepper Patch Farm · Talk to an animatronic robot at the Lighthouse · Fish off the HypoIuxo Steamer ·1ìI · Build a body at Doc Weems Office · Play outside on the ship at Kids Kingdom Playground . · And so much more... -""'; - --.J .. ",'...- .,-,....... ._...,...................-.......~""'--.-.--~.--_.- Page 1 of4 Boynton Cultural Centre, Inc. Strategic Plan 2004-2007 Adopted May 27, 2004 Mission To encourage children and families who reside in or visit Boynton Beach and surrounding communities to learn about themselves and the history of Palm Beach County through a stimulating array of hands-on and interactive exhibitions, programs, activities and special events which focus on the richness and diversity of the local cultural heritage. In creating a focal point for the cultural renewal of Historic Boynton Beach, the Museum seeks to fulfill its mission in the following ways: ~ By building partnerships among area schools, libraries, historical societies, businesses, community organizations and local government entities that are committed to offering programs which supplement and complement school curricula in social studies, applied science, humanities and fine arts. ~ By fostering parental involvement in their children's learning through programs and activities that families can enjoy together. ~ By supporting and facilitating the preservation and growth of local historic resources. Vision Goal 1 - Fiscal Objective 1.1- Achieve Organizational Sustainability I Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3fd 4th 05-06 07 Create a timely budgeting X Finance Committee Executive process Director, Finance Committee Establish procedures to X Finance Committee Executive ensure accurate financial Director, reporting Finance Committee Create internal control X Finance Staff procedures to ensure Committee/Board appropriate checks and balances Strengthen the Endowment X X Fundraising Board, Fund and other fiscal Committee Executive resources Committee . Annual Fund Drive X . Develop a Challenge X Grant for Endowment Strengthen fiscal X Executive Committee Board, independence Executive Director Page 2 of 4 Objective 1.2 - Give support to the Youth, Staff and Volunteer Strategic Teams initiatives Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Continue target marketing X X X X X X Executive Committee Executive for historic preservation and Director downtown revitalization Utilize the old High School X Executive Committee Board, and/or property Executive Director Develop an expansion Plan X Executive Committee Board, · Goal 5 Executive Director Obtain the dollars to manage Fundraising Board, and maintain the facility (ies) Committee Executive · Focus on needs X Director driven grants · Send fundraising X letters to move donors up the pyramid Identify new partnerships X X X X X X Fundraising Board, (i.e. private donors, Committee Executive foundations. . .) Director Review gifting practices and X X X Fundraising Board, formulas Committee Executive Director Goal 2 - Volunteer Objective 1.1- Develop and expand Volunteer Opportunities Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Review the volunteer job X X X Executive Director StaffNolunteer descriptions, training Coordinator proç¡ram and placement Solicit input from volunteers X X X X X X Executive Director StaffNolunteer and MTV's in regard to Coordinator volunteer issues ~-.._.--=-~ ........ - ~.>-~- ~-'--~~-._----. -~-~--~._....~~~ -, <-'.--.'--~>----" Page 3 of 4 Objective 2.2- Recruitment, Retention and Recognition Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Update volunteer X X X X X X Executive Director Staff opportunities on the website Increase our trained and X X X Executive Director Staff and Board active volunteer base by a minimum of 5 per year Introduce new recruitment X Executive Director Staff strategies Develop a recognition award X Executive Director Staff program Offer ongoing training X X X X X X Executive Director Staff proç¡rams Goal 3- Youth Objective 3.1- Programming Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Strengthen connections with X X X Education Director Staff public and private schools and other orç¡anizations Continue to expand and X Education Director Staff improve on the Guide for 4th grade Florida history studies Provide programs for older X X X X X X Education Director Staff children (9 - 12 year olds) Conduct guided tours and X X X Education Director Staff special presentations to teacher groups Create special activities and X X X Education Director Staff study aids for home schoolers and other youth groups Provide programs for X X X Education Director Staff parents Objective 3.2- Youth Volunteer Opportunities Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Continue to nurture recruits X X X X X X Education Director Staff to the MTV program Involve a youth group(s) in X Education Director Staff creating exhibit(s) or activity (ies) for Museum visitors Page 4 of 4 Objective 3.3- Existing exhibits and facility Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Expand the curriculum and X X X Education Director Staff hands-on materials for exhibit areas Create inter-generational X X X X X X Education Director Staff activities Expand hours X X X Education Director Staff Promote a "buddy system" X Education Director Staff pairing an older child in the role of facilitator with a younger child Explore a traveling exhibits X Board/All Staff plan Fundraising Committee Goal 4- Staff Objective 4.1- Improve efficiency Strategies FY 04-05 FY FY 06- Assigned to Resources 1st 2nd 3rd 4th 05-06 07 Budget for an onsite copier X Staff Board Fill the Development X Fundraising Board Specialist position Committee/Executive Director Create and fill the Volunteer X Executive Director Board and Coordinator position Executive Director Increase available space X Board/ALL Board .~~<.o-_ ~~Þ-------·· ______._<_J.. .o__-_~__ Page 1 of 4 DRAFT June 18, 2004 Administration Space Needs Includes Board of Directors, Hospitality, Housekeeping and Building 1. organizational Chart 2. staffing 2.1 How many employees currently work in this department? Full-time 2 Part-time 1 2.2What are the projections for future employees? 2004 Part-time 2006 1- PR specialist Part-time 1-student aide 2008 Part-time 2010 Part-time 3. Departmental Function · Director is responsible for the conceptual leadership with responsibilities for policymaking, funding (with governing board), planning, organizing staffing, directing, supervising through the staff. · Business areas include financial management, budget, accounting, purchasing, personnel procedures, salaries, insurance, operations of physical plant, security, contracts, taxes and fundraising. · Public relations specialist is concerned with the public image and responsible for press relesrs, all media contacts, websites, community relations and other promotional projects. · Building maintenance and housekeeping needs are shared with the city facilities department. · Corporate entity with fiduciary responsibilities to meet as a full board at least once a month and as smaller working committees. 4. Relationship to Other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. other Department 1 2 3 4 5 Why the Need 4.1 Library x As a division of the Library, needs include payroll, budget, supplies and program partnerships. 4.2Board of Directors Fiduciary responsibilities Page 2 of 4 DRAFT June 18, 2004 4.3 Facilities Management Responsible for maintaining the interior <excluding exhibits, other than weekly cleaning), and the exterior of the building 4.4Forestry & Grounds Responsible for the upkeep of the museum grounds and the playground 4.5Recreation Responsible for set-up/break- down of Museum programs and meetings 4.61TS Supports all the Museum computers 4.7Risk Management Reports all incidents and accidents 4.8City Managers Office Requests to use the building for meetings, luncheons, etc. 5. Desired/Needed spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room(s), dedicated or secured storage, shipping and receiving, packing and unpacking, centralized filing, etc. Is space currently Provided space Name Approx Size of space Yes No 5.1 Dedicated conference/meeting room-25 people x 5.2 catering Kitchen serving area with setup provisions x 5.3 Adequate Filing space for corporate papers x 5.4COPY machine X 5.5Supply cabinet x 5.6Work table X 5.7Desk for BCE student x 5.8Area for safe X 5.9Grassy, shaded, picnic area for visitors X 5.10lnterstate 95 directional sign X 5.11Convenient bus parking X 5.12 Additional parking X 5.13 Cleaning Supply storage on both floors X 5.14sandwich& ice cream parlor X 5.15Reception area X 5.16Covered deck X N__~_~'__"'._' _._~-~~ - .-~., -.-<--,-._. ._.__<.". ~~~,. .,-_ -- ~-",-- ,--·1,. Page 3 of 4 DRAFT June 18, 2004 5.17Coat room X 5.18Staff lounge and restrooms X 5.19Recycle space X 6. Need for Individual Offices Please list all job functions, which require individual offices. Job Function Approximate Size of space Desired 6.1 Executive Director 6.2 Administrative secretary 6.3 Board and Committee meeting room 6.4Food services office 7.Joint Use space Occasionally employees are required to work together because of function or task similarity. Adjacent or shared workstations could be desirable. Complete if appropriate. No. Employees Sharing space Approx Size of space Desired Common Task 7.1 CBE student data input, filing, collating, etc. 8. proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Job Function Special Equipment 8.1 Admin Secretary copier & fax 8.2 CBE Student Copier & fax 9. Equipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "Comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 work processing and specialized Equipment Job Function No. of Employees with this Job Function N/a 9.2 Computer Terminal Job Function NO. of Employees with this Job Function 9.2.1 Executive Director 1 9.2.2 Admin Secretary 1 9.2.3 BCE Student 1 Page 4 of 4 DRAFT June 18, 2004 · Additional computer terminal available for student or volunteer 9.3 Specialized EQuipment Job Function No. of Employees with this Job Function N/a 10. unique or specialized services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. 11. Potential Space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. Is space Currently Rented space Name APprox Size of Space Yes No 5.1 Dedicated Conference/meeting room-25 people X 5.2 catering Kitchen serving area with setup provisions X 5.9Grassy, shaded, picnic area for visitors X 5.14Sandwich& ice cream parlor X 5.16Covered deck X 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? · 2 or more buildings 12.3 Please indicate the suitability of your current physical environment for the following elements: Current Physical Environment Element Adequate Inadequate Non- existing Existing area versus needed X area 12.4 Please document storage practices and requirements. · The need for storage is utmost not only in administration, but for the entire museum. presently every available space is being utilized, sometimes overwhelming the office · Need for maintaining corporate papers . ..- ~.~. _~..._._o<_ .-..~----"",.. .-- .._?~- . ____ __~,_,.~._<~._,o__",,__,___ It Page 1 of 3 DRAFT June 18, 2004 Collections and community Archive Space Needs 1. Organizational Chart (see attached) 2. staffing 2.1 How many employees currently work in this department? Full-time Part-time 1 2.2What are the projections for future employees? 2004 Part-time 2006 Part-time 2008 Part-time 2010 Part-time 3. Departmental Function · Collections personnel is responsible for responsible for supervising, numbering, cataloguing, and storing items in the collection · Documents are scanned and copied for historic documentation · Organizing, researching and presenting a thematic display in the community archive based on items in the collection or on loan. 4. Relationship to Other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. other Department 1 2 3 4 5 Why the Need 4.1 Education/Exhibit Dept exhibit theme and content 4.2Historical society sharing artifacts 4.3Library sharing artifacts and research 4.4community borrowing artifacts 4.50ther organizations borrow and show 4.6Executive Director final approval 5. Desired/Needed Spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room<s), dedicated or secured storage, shipping and receiving, packing and unpacking, centralized filing, etc. Is space Currently Provided Space Name Approx Size of Space Yes No 5.1 Display Room Page 2 of 3 DRAFT June 18, 2004 5.2Browsing /research room 5.3Workroom 5.4Storage Room 5.5packing and unpacking area 5.6 Delivery door 6. Need for Individual Offices Please list all job functions, which require individual offices. Job Function APproximate Size of Space Desired N/a 7.Joint Use space Occasionally employees are required to work together because of function or task similarity. Adjacent or shared workstations could be desirable. Complete if appropriate. No. Employees Sharing Space Approx Size of Space Desired Common Task 8. proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Job Function Special Equipment 9. Equipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "Comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 Work processing and specialized Equipment Job Function No. of Employees with this Job Function 9.1.1 Large size scanner 11x17 or larger 9.1.2 Large size printer 11x17 or larger 9.1.3 Large size copier 11x17 or larger 9.1.4 Climate controlled environment . To have the printing capabilities or access to them will save money for reproduction, display and printing charges --"-.._~-e-__~__< __ ~ -.~-_..~-~~- - .~___~ -____,.,0-.....__.. ,___~~,_- ,_......._?_., ~_~ ___ -~- ------~-~-~<~- .---~-...... Page 3 of 3 DRAFT June 18,2004 9.2 computer Terminal Job Function No. of Emplovees with this Job Function 9.2.1 computer with cd 9.2.2 scanning 9.2.3database 9.2.4research 9.2.6 Comments: . Both staff and volunteers will use the equipment. The public would use the computers for research. 9.3 specialized Equipment Job Function No. of Emplovees with this Job Function N/a 10. Unique or Specialized Services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. . In order to complete the mission of the Cultural Centre, there is a major need to preserve, display and research items of community historic value. The community would be able to view artifacts in person and students and genealogists would use the archives (both 3-D and digital> to connect the past, present and future. 11. Potential Space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. Is space Currently Rented space Name APprox Size of space Yes No N/a 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? 2 or more buildings Page 1 of 4 DRAFT June 18, 2004 Education and Exhibit Space Needs 1. Organizational Chart 2. staffing 2.1 How many employees currently work in this department? Full-time 1 Part-time 2 plus contractual 2.2What are the projections for future employees? 2004 Part-time 2006 Part-time 2008 Part-time 2010 Part-time 3. Departmental Function ESSENTIAL RESPONSIBILITES · Oversee the direction, planning, organization and implementation of on-site/outreach educational programs, supplies and activities · Develop and prepare interpretive materials needed for programs and events · SeIVe as a liaison with the schools and program development for teachers · Supervise docents and others as directed · Assist with exhibit research and the protection and enhancements of exhibits · Organize and provide educational training to the museum's staff, volunteers and docents · Assist with promoting the Museum including written promotional materials · Attend professional meetings and conferences · Assist leadership team with grant writing and community collaborations and partnerships · Assist with operations, opening and closing of building, interaction with visitors, handlin€ problems or complaints, visitor tracking and school group when needed · Other duties as needed 4. Relationship to other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. other Department 1 2 3 4 5 Why the Need 4.1 Executive Director Checks and balance Creative collaboration Final approval promotion 4.2Visitor Services info exchange impacting serving the public, floor coverage .---~--- ...-.... -...;..~.. - . -- -,--.- -<>~._~---~~--~~~. Page 2 of 4 DRAFT June 18,2004 4.3Administrative secretary info exchange, ordering, filing, forms, facilities needs, computers 4.4Volunteers (Adult and Teen> program assistance, creating activities, repairing props, book inventory 5. Desired/Needed spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room<s), dedicated or secured storage, shipping and receiving, packing and unpacking, centralized filing, etc. Is space Currently Provided Space Name APprox Size of Space Yes No 5.1 Workroom 10x15 X 5.2 storage X 5.3 Flat files X 5.4 Vertical storage X 5.5Repairroom and storage for tools, broken props X 5.6Temporary Rotating Exhibition area and storage X 5.7Space for Discovery Activities X 5.8 program Room with stage seating 100 <formal) X 5.9Multi-purpose room <informal) X 5.10lnteractive water indoors and out X 5.11Dedicated birthday party <income producing) room X 5.12Temporary Rotating Exhibition space X 5.13 Covered patio program space X 5.14 Quiet <reading) area X 5.15Soft play area for infants and toddlers X 5.16Wet room <including area to clean props) X 5.17Exhibitions/studio for older children X 5.18 Greenhouse/garden X 5.19Demonstration area X 5.20Training area for staff and volunteers X 5.21 Studio for oral histories X 5.22Coat and lunch area for field trips X 6. Need for Individual Offices Please list all job functions, which require individual offices. Job Function APproximate Size of Space Desired 6.1 Education & Exhibits Director 10x10 Page 3 of 4 DRAFT June 18, 2004 7.Joint Use space Occasionally employees are required to work together because of function or task similarity. Adjacent or shared workstations could be desirable. Complete if appropriate. No. Employees Sharing Space APprox Size of Space Desired Common Task 7.1Two - four staff 15x20 combination office, workroom, and training room 8. proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Job Function special Equipment 8.1Create changing exhibits signage large paper cutter, cutting surfaces, slide box 9. Equipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "Comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 work processing and Specialized Equipment Job Function No. of Emplovees with this Job Function 9.1.1 preparation papercutter 9.1.6 Comments: 9.2 Computer Terminal Job Function No. of Emplovees with this Job Function 9.2.1 Internet research several trained at different times 9.2.2 Creating fliers, posters, ads several trained at different times 9.2.3 Scanning several trained at different times 9.2.4 Record keeping, scheduling several trained at different times 9.2.5 writing curriculum several trained at different times 9.2.6 Dept. clerical needs several trained at different times 9.2.6Training several trained at different times 9.2.7 Comments: ,.-.-----------...."'-. - 4 ó4I ..,.~---_. . Page 4 of 4 DRAFT June 18, 2004 . If three users are part-time, computer use could be staggered with easy access 9.3 specialized EQuipment Job Function No. of Employees with this Job Function 9.3.1 10. unique or specialized Services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. 11. Potential Space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. IS Space currently Rented space Name ApproximatelY Size of Space Yes No 5.8 Program Room with stage seating 100 (formal) X 5.9Multi-purpose room (informal) X 5.19Demonstration area X 5.20Training area for staff and volunteers X 5.21 studio for oral histories X 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? Single Building 12.3 Please indicate the suitability of your current physical environment for the following elements: Current Physical Environment Element Adequate Inadequate Non- existi ng Existing area versus needed x area 12.4 Please document storage practices and requirements. Page 1 of 4 DRAFT June 18, 2004 Gift store Space Needs 1. organizational Chart (see attached) 2. staffing 2.1 How many employees currently work in this department? Full-time Part-time 1 2.2What are the projections for future employees? 2004 Part-time 2006 1 Part-time 1 2008 1 part-time 1 2010 1 Part-time 1 3. Departmental Function · A professional retailer or manager/buyer, whose approach to business is compatible with museum but not confused with exhibit design, is needed. · Most commonly used standard of performance in museums is gross sales per visitor. For youth museums, this figures ranges between $.40/visitor to 42.60/visitor, with $1.70/visitor being an accepted nor. If a shop is grossly under-performing or surpassing industry standards, the figure alerts them to problems or encourages them to expand on their success. * · A store in a small museum should have approximately one square foot for every 50 visitors. Larger museums (over 300,000 visitors) should have approximately one square foot for every 175 vivisotrs. A store that is too small will not be able to reach its sales potential; a store that is too large will either look barren or have excessively high inventory costs just to keep it filled. * * TO Shop or Not to Shop: Children's Museums stores, Association of Youth Museums Collective Vision 4. Relationship to other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. other Department 1 2 3 4 5 Why the Need 4.1Administration Accounts payable, inventory -- . ...,-----.. -~-- ...__._+» 0'·-,.-___."..___ Page 2 of 4 DRAFT June 18, 2004 5. Desired/Needed Spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room<s), dedicated or secured storage, shipping and receiving, packing and unpacking, centralized filing, etc. Is space Currently Provided space Name APproximatelV Size of space Yes No 5.1 Expanded Gift store X 5.2 storage X 5.3 Receiving area for stock X 5.4 packing and unpacking X 5.5pricing area X 5.6Data input/inventory X 5.7penny candy store X 5.8Accessible Field trip sales area X 6. Need for Individual Offices Please list all job functions, which require individual offices. Job Function APproximate Size of space Desired N/a 7.Joint use space Occasionally employees are required to work together because of function or task similarity. Adjacent or shared workstations could be desirable. Complete if appropriate. No. Employees Sharing APprox Size of Space Desired Common Task 7.1 Visitor Services cash register and credit card 8. proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Job Function Special EQuipment 8.1 Customer payment area cash register and credit card 8.2 Placing and tracking orders telephone 9. Equipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "Comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special Page 3 of 4 DRAFT June 18, 2004 acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 Work Processing and Specialized EQuipment Job Function No. of Employees with this Job Function 9.1.1 Merchandise pricing machine 1 employee and volunteers 9.1.6 Comments: 9.2 Computer Terminal Job Function No. of Employees with this Job Function 9.2.1 Access to online ordering 1 9.2.2 Inventory control and pricing 1 9.2.6 Comments: 9.3 Specialized EQuipment Job Function No. of Employees with this Job Function 10. Unique or Specialized services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. . Currently researched more up-to-date pricing, inventory and cash register system 11. Potential Space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. Is Space Currently Rented space Name APproximately Size of Space Yes No 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? Single Building 12.3 Please indicate the suitability Of your current physical environment for the following elements: .~_. . ""--. ~,- ._----. -._~,..-"~--~=------ ~-----'---->'.~--f---- Page 4 of 4 DRAFT June 18,2004 current Physical Environment Element Adequate Inadequate Non- existing Accessibility to general pUblic X Existing area versus needed X area 12.4 Please document storage practices and requirements. . Gift store storage is currently in the adjoining cabinets and closet, exhibit areas, under desks, and in the attic 12.5 Do you have any additional comments that you believe are appropriate? . Desire to have a gift store that people can walk through and not confuse as exhibition area Page 1 of 4 DRAFT June 18, 2004 Membership and special Events space Needs 1. Organizational Chart Attached 2. staffing 2.1 How many employees currently work in this department? Full-time Part-time 1 2.2What are the projections for future employees? 2004 Part-time 1 2006 1 Part-time 2008 1 Part-time 2010 1 Part-time 3. Departmental Function The membership specialist has administrative responsibilities including maintenance of membership files and records. Membership should also work closely with development and the museum educator to attract and retain the interest of a broad museum public. Responsibilities include recruitment and planning, promoting and supervising special events and educational programs such as classes, films, workshops, lectures and openings as benefits to the membership of the museum. 4. Relationship to Other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. Other Department 1 2 3 4 5 Why the Need 4.1 Front Desk First line for members 4.2Administration Receives mail/faxes 4.3Visitor Services Deals with members 4.4Education Discounts, stats & demographic 4.5 Development Specialist fundraising 4.6City Departments Permitting process 4.7Volunteers Assistance ~ .----.->..<-.- .---_._»~--~-. ~ _~~.~__.._~~_~___.__'-T-..___ . -.- ----.,~-.-, -"'.. ~- ~.- -- -" Page 2 of 4 DRAFT June 18, 2004 5. Desired/Needed spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room(s), dedicated or secured storage, shipping and receiving, pacKing and unpacKing, centralized filing, etc. Is space Currently Provided space Name APprox Size of space Yes No 5.1 Area for Data Entry-input X 5.2 Membership DesK/reception X 5.3 File cabinet to file applications X 5.4 WorK table to assemble pacKets X 5.6 Laminating area X 5.7 Place to store forms and materials X 5.8 BulK mail worKspace X 5.9Storage space for equipment and supplies X 5.10Access to Kitchen with adequate catering X 5.11 Dressing/staging area X 5.120pen green space X 5.130utdoor Amphitheatre X 6. Need for Individual Offices Please list all job functions, which require individual offices. Job Function APproximate Size of Space Desired Yes 7.Joint Use space occasionally employees are required to worK together because of function or tasK similarity. Adjacent or shared worKstations could be desirable. Complete if appropriate. No. Employees Sharing Space APprox Size of Space Desired Common Task 7.1 Several Membership assembly and bulk mail 7.2 Several Data input and processing 7.3 several Making and taking phone calls 7.4several Committee meetings 7.5Several Prep space 8. Proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Job Function special Equipment 8.1 Sound system 8.2 Podium Page 3 of 4 DRAFT June 18, 2004 8.3 Photographic equipment 8.4 stage 8.5 Tents, Tables and chairs 9. Equipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "Comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 Work processing and Specialized Equipment Job Function No. of Employees with this Job Function 9.1.1 High speed copier 9.1.2Color printer for cards 9.1.3Printer with envelope feed/mail merge 9.1.4Laminator for membership cards 9.1.5Mail scale and postage imprint 9.1.6Events planning and implementation 9.1.7 Comments: . Current workspace is not ample. A box is carried around and must jump on a computer when they are not being used. There is not place to laminate cards, stuff envelopes and we are constantly getting in each other's way. If we have to phone a member with a concern or Question other members, visitors and staff have to hear the conversation. . Raisers Edge input done by staff 9.2 Computer Terminal Job Function No. of Employees with this Job Function 9.2.1 Data input 1 9.2.2 Correspondence and PR 1 9.2.6 Comments: 9.3 Specialized Equipment Job Function No. of EmployeeS with this Job Function 9.3.1 Laminating machine 1 . ~_o_.~"" i· .. ""'-."~ - ,- "<~"'=·"""~~_._C >- ~--~,..-- - --. Page 4 of 4 DRAFT June 18, 2004 10. unique or specialized Services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. · Desire to move into a more sophisticated membership card program · continued partnership with city to provide equipment assistance (tents, tables, chairs, etc) 11. potential space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. Is Space currently Rented space Name APproximately Size of Space Yes No 5.120pen green space x 5.130utdoor Amph itheatre x 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? 2 or more buildings Yes 12.3 Please indicate the suitability of your current physical environment for the following elements: Current Physical Environment Element Adequate Inadequate Non- existing proximity to other x government offices Accessibility to general x public Existing area versus needed X area Parking X Security X 12.4 Please document storage practices and requirements. · currently storing all membership applications in the attic. · storage of event items is in the attic and in the outside fence area. Page 1 of 4 DRAFT June 18, 2004 Visitor Services Space Needs 1. Organizational Chart (see attached) 2. staffing 2.1 How many employees currently work in this department? Full-time Part-time 3 2.2What are the projections for future employees? 2004 Part-time 3 2006 Part-time 4 2008 Part-time 6 2010 Part-time 6 3. Departmental Function ESSENTIAL RESPONSIBILlTES · Oversee all areas that affect the public's visit. · Assist with operations, opening and closing of building, interaction with visitors, handling problems or complaints, visitor tracking, group visits and programs · Assists with exhibit upkeep, support and maintenance · Respond to all volunteer requests; anticipate, recognize and assist with their needs · Assure each exhibit area is prepared for the public at the start and end of each shift · Assist with promoting the Museum · other duties as needed 4. Relationship to other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. other Department 1 2 3 4 5 Why the Need 4.1 Membership x sales and retention (renewal> 4.2Educ/Exhibits X Communicate wI visitors & volunteers 4.3Programs X Awareness and preparation of area 4.4Housekeeping X Easy access to supplies and tools 4.5Volunteers X coverage-who's available and when 4.6Gift Shop X sales, pricing 4.7 special Events X Organization area 4.8 Hospitality X Assist with preparations ~ .... - . - >,~~ ,_____~>__~_o'~~._. _ Page 2 of 4 DRAFT June 18, 2004 5. Desired/Needed spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room<s), dedicated or secured storage, shipping and receiving, packing and unpacking, centralized filing, etc. Is space currently provided space Name Approximately Size of Space Yes No 5.1 Exhibition space X 5.2 Adequate visitor traffic flow and directional signs X 5.3 Handicapped accessibility X 5.4 Visitor survey space X 5.6 Visitor Meeting Areas X 5.7 Desk for Visitor services staff X 5.8 washing machine/dryer X 5.9 seating/bench areas within the museum X 5.10Adequate entrance lobby for crowds X 5.11 Stroller waiting areas X 5.12 Access to public phones X 5.13Bulletin Board for visitor use X 5.14 Visitor informational Brochure racks X 5.15 Convenient restrooms/changing tables/water fountains X 5.16Natal Nursing area X 5.17Visitor lockers x 5.18 Adequate space to greet the visitor X 5.19Group tour waiting area X 5.20 Public announcement system X 6. Need for Individual Offices Please list all job functions, which require individual offices. N/A 7.Joint Use Space Occasionally employees are required to work together because of function or task similarity. Adjacent or shared workstations could be desirable. Complete if appropriate. No. Emplovees Sharing Space Approx. Size Desired Common Task 7.1 Staff on Duty computer, cash register 7.2Front Desk Greeters answer telephone 8. Proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Page 3 of 4 DRAFT June 18, 2004 Job Function Special Equipment 8.1 Admissions Cash register, credit card 8.2 Answer telephones telephones 8.3Visitor information Copy and fax machine 8.4 Restoring Exhibits tools 8.5 Assisting programs program equipment 8.6 Informing the public access to signage 8.7 Maintaining people flow stanchions 9. EQuipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 Work processing and Specialized Equipment Job Function No. of Employees with this Job Function N/A 9.2 Computer Terminal Job Function No. of Employees with this Job Function 9.2.1 Visitor Services one at a time 9.2.6 Comments: . Computer/cash register with more functionality (i.e. Inventory tracking, scanning mechanism for overdue memberships, demographics tracking) 9.3 Specialized Equipment Job Function No. of Employees with this Job Function Sales cash register, credit card 10. unique or Specialized services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. . Updated cash register/computer terminal 11. Potential space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. IS Space currently Rented space Name APproximatelY Size of space Yes No 5.1 Exhibition space x 5.6Visitor Meeting Areas X .<.--- , '-___~·h_. <-'-"--.._-_. .--,~----~~--.:." . - ---_.---.._-.--'."-~~--<-..-- -,. Page 4 of 4 DRAFT June 18, 2004 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? . Single BUilding 12.3 Please indicate the suitability of your current physical environment for the following elements: current Physical Environment Element AdeQuate Inadequate Non-existing Parking X Security X Physically Impaired Accessibly X Proximity to government offices X Accessibility to general public X Air conditioning/heating X Natural light X Existing area versus needed area X 12.4 Please document storage practices and requirements. . We are overloaded/inadequate space for storage, cleaning supplies, gift store items, and receiving merchandise Page 1 of 3 DRAFT June 18, 2004 Volunteers Space Needs 1. Organizational chart (see attached) 2. staffing 2.1 How many volunteers currently work in this department? part-time 40-70 2.2What are the projections for future employees? 2004 Part-time 1 new Volunteer Coord 2006 Part-time 2008 Part-time 2010 Part-time 3. Departmental Function ESSENTIAL RESPONSIBILITES · Work with staff to facilitate continuity of programs and schedule appropriate coverage. · Coordinate recruitment of volunteers and work with staff to determine needs and targel those needs for all areas of the museum. · Provide introduction to the museum's volunteer program to potential candidates. · Follow-up with new/potential volunteers who have attended introduction/orientation. · Provide detailed orientation to all new volunteers on a monthly basis. · Assist staff with organizing and updating a volunteer manual. · Routinely check with volunteers in all areas to see how they are doing. · Assist staff in maintaining general records for all volunteers. · Organize and implement training program and/or education programs for volunteers. · Assist with the plan and follow-through for recognition and appreciation for volunteers. · Work with staff to monitor volunteer perfonnance. compliance with roles, responsibilitie~ and policies. · Assist staff with the overall communications with volunteers including newsletter articles po stings on bulletin boards and mailings. 4. Relationship to other Departments/Units/Entities It is anticipated that this department must communicate with other departments and agencies in the pursuit of this work. Please note what other departments and why the need to communicate with each exist. other Department 1 2 3 4 5Why the Need 4.1Administration office duties 4.2 Education and Exhibits programs and floor coverage 4.3 Visitor Services front desk greeters 4.4 Community Archive research .- --",-~,~. ~,...->--- Page 2 of 3 DRAFT June 18, 2004 5. Desired/Needed spaces Please list all existing and/or desired spaces that this department requires, including such areas as reception, conference room(s), dedicated or secured storage, shipping and receiving, packing and unpacking, centralized filing, etc. IS space Currently Provided space Name APprox Size of Space Yes No 5.1 Break room and lockers x 5.23Access to staff restrooms X 6. Need for Individual Offices Please list all job functions, which require individual offices. Job Function Approximate Size of Space Desired 6.1 volunteer Coordinator 7.Joint Use space occasionally employees are required to work together because of function or task similarity. Adjacent or shared workstations could be desirable. Complete if appropriate. NO. Employees Sharing Space APprox Size of Space Desired Common Task 7.1Three to eight Preparing mailings 7.2 One at a time computer/phone work 7.3 Several prepping for programs 7.4Several Program development 8. Proximity to Equipment There may be within this department, individuals who should function in close proximity to specialized equipment. If applicable, please list job functions and equipment as shown below. Job Function Special Equipment prep for Education Dept paper cutter Assisting all copy machine 9. Equipment Needs A department or individual may have a need for specialized equipment. Please provide the information requested below. Under "Comments" include any special requirement for other than standard 120-volt power supply, any problems posed by normal day-to-day operation, the need for special acoustical treatment, special air conditioning requirements and any other remarks that could affect the equipment, use, location, etc. 9.1 Work processing and specialized Equipment Job Function No. of Employees with this Job Function 9.1.1 Front desk greeter one at a time 9.1.20ffice clerk one at a time Page 3 of 3 DRAFT June 18, 2004 9.2 computer Terminal Job Function No. of Emplovees with this Job Function 9.2.1 Front desk greeter one at a time 9.2.2 Office clerk one at a time 9.2.6 Comments: 9.3 Specialized Equipment Job Function No. of Emplovees with this Job Function N/a 10. unique or specialized Services Please note any specialized services, equipment usage or characteristics of your department, which would impact upon current and future space needs. 11. Potential Space for Rental Please go back to section 5 and list all existing and/or desired spaces that this department has identified that might generate income through rentals. Is Space currently Rented space Name APprox Size of space Yes No N/a 12. Physical Facilities 12.1 Please indicate the approximate total square footage currently occupied by your department. 12.2 Is your current space located in the following? Single Building 12.3 Please indicate the suitability of your current physical environment for the following elements: Current Physical Environment Element Adequate Inadequate Non- existing Existing area versus needed x area 12.4 Please document storage practices and requirements. . Need for personal storage i.e. purses, lunches, sweaters, etc. 12.5 Do you have any additional comments that you believe are appropriate? -'--~'-'-"'-'.",,-, .0,--_. ~----.',"~->._,-_.--- . ,~-. '. VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July] 9,2004 [8J October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2,2004 o October ]9,2004 (Noon) October 4, 2004 o September 7,2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 0 September 2], 2004 (Noon) September 7,2004 o November] 6, 2004 (Noon) November], 2004 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to approve the "DAMAGED COMPUTER EQIDPMENT LIST" (Desktops) as submitted by the Warehouse and allow for the disposal of same. EXPLANATION: Procurement Services has reviewed the "DAMAGED COMPUTER EQIDPMENT LIST" as submitted by Dominic DeMauro, Warehouse Manager (see attached memo) and it has been determined that the computers are no longer of any use as they have been damaged by water from Hurricane Frances (West Wing, second floor). PROGRAM IMP ACT: The disposal of damaged computer equipment allows warehouse space for inventory. FISCAL IMPACT: ~ City Monagcr', Signa;£;. Department Name City ~¿kft!.n~o"'oe< Cc: Dominic DeMauro, Warehouse Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Mary Munro, Asst To The Director of Finance FROM: Dominic DeMauro, Warehouse Manager ~ DA TE: September 16, 2004 SUBJECT: Water Damaged Computers Mary, enclosed is list of computers that the Warehouse has picked up for disposal from the west wing. These CPUs and monitors have water damage from the hurricane. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. CC: Diane Reese - Finance Director Bill Mummer- Finance Director ,- --~--"--- - . ~---~>~'''''''''~--<''-=_.''''--'-''-''''~---~~-~'~~~'--'''''''---."",,.'''''-' ----- - / -.~_;---o>~'_"'~_"'~___ ~ .__" Water Damaged 9-14-04 Monitors -- --;.-- ---~----------- Asset ----- -- Type----~-r-Serial Number i ---------- =~----=_~==~______ 2881~=~--- _ P1210 I 047FA21SA211 ¡-------- _ 2162 V710 ! 049CG26SF596I ---~----------- -- --- -.. m_____~_______~____ ! 1 P1210 ! 111FA21SB593 I -- ------ ~----559Y--------'---- P1210 i 11FA21SB593 ; -________________________ +------ - I ~___ _______+--.2880 I ____ P1210 i 046FA21SE224 --~-+--------- ---.-L------~- ~--- --+-- : --------+------- ----------- -- ------ , i PC - Asset Type ¡-serial Number : L~cation ! Dept --1--- From_ 3791 i P866 , V125FR4ZA112I West Wing 2nd Floor _______ I Eng :___ 2869 I P866 ' W1 07FR32A3771 West Wing 2nd Floor j Eng 1 LuQ ~---- .-- 51-º?-1-_~1 GX 240 32TCK11 West Wing 2nd Floor Eng - LaFontantF --------. ---~- UPS I ---- ----- --!-.------- ________ Asset ___ Type Serial Number ¡ _____~_ I 3676 500 , BB0050094441 I ~--------- 3675 500 ---:-BB0049093224 i-------- ---~- 500 18B0049093122 / VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office D August 3, 2004 (Noon.) July 19,2004 [8J October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 D September 21 , 2004 (Noon) September 7, 2004 D November 16. 2004 (Noon) November 1,2004 '.) C) C)~ D Administrative D Development Plans .-,...~ - :.=4 -< C/> -<0 NATURE OF [8J Consent Agenda D New Business r'1 111 -0 --- -::Ð AGENDA ITEM D Public Hearing D Legal - CClO (J\ . ~-< D Bids D Unfinished Business - .::: -::' -0 r~-' D D Presentation ~ c·o Announcement .:.J I- e...:> -n D City Manager's Report -,.,co -M - C'» CY\ ¡-T1('") RECOMMENDATION: :r: Motion to approve full release of surety covering the water system for the project known as Vermeer Southeast Sales and returning the cash surety in the amount of $1,200 to the developer, Bokhoven & DenBesten, Ltd. EXPLANATION: The water system serving this project has been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The surety may now be returned to the developer. PROGRAM IMP ACT: None FISCAL IMPACT: None 4 City Manager's Signature UTILITIES ~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugennan (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM: Peter V. M~na, Deputy Utilities Director DATE: fIh'£ lð) 2. Oð J SUBJECT: Surety/Fee transmittal - V~~ {;v- tIt..,t- ~~ V-Jé,v,C~ LETTER OF CREDIT: Bank - Amount $ CASH BOND Check no. 2Io~- Amount $ ¡2.tJ(}. IIi:) ß.J.I.,.¡...... 1- O~ 1i~1oA. t.+d ~ ADMIN./INSPECTION FEE: Check no. Amount Water $ Amount Sewer $ Total $ SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. Amount $ Based on L.F. COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment . PVM bc: Peter Mazzella xc: File --"-.--=-- - pQ- --..... .= ---<-- , ···f"~~~~~~4~' \ D, il~ ·.1 ., _- m .' J'~ -. .- ..' p 0: . ~ ~:: ._~.ç!' 0 ~. :~l ~ ~ .~;;¡ , 1 0 Q"'''' >~'Z I '" ..; 20' ~ ~. ¡ 0 . . .~ 0 'S''' o· mAD ~.- ?;, ru §a.i 91JZC ~ yO- ~o ~ .i!i{.....:::Ig rxmm ~~ _~~ 0 -<!!;. . Co><J>OZ ~fr I ~D '" "~.' j¥ "' ~., ~~~rø I. _~' :. = W - if (It 0)..- - - ~-~.-. ~.' · 8 i ~""_m ;" ¡~_ 0 - en zf) 'fJ!.1 I' .. ¡ .... 0-1 m . >, $ - - - }-,;:. 4 .. ~ . m ~ 10 ~ Z I ~ I ~ J'I IP .... ;,m ~,. ,,.I -I I .!ii'- 0 C'- " g ." ~ I - I - ,--_. --~ .. .:- '-. I ....... ~ ' . - . . . . . :~. r,: I ~" ,'; ¡,.. .-- ,.- ·111 - ',- , ~- ''tj; .- - . --_:~. - ¡ :- ' ... . Î \ ~ ~~~1 ; ~ .'. i ~' . I - _., . I - 'Z .>; I;:m, I I i ;- .' ~ !;:: , i M , \ .-,. I . . _'. ! L Î I~';: ~ (,: ~" ~ , ., ED 'Jj . ~. :rl~ .. to ,it' . ,,- It ¡ .0'· I :þ ¡;¡ f\) '., '.' i ·m ~ ~ p~' 11 ," ~ ~ 0' . !~ Co> (J1 0i;1-~~fi"" iif..: ~ , 'M' ,w~ - - . -. . -0. ", -- ---, ",~,,---,...~ ~~,...._.". !... .... _ ~ _ ,y"" '" ~. .,_ >~ _ A " "-;.1"_~ - - ----- --- --- ~- '-- SOUTHERN PIPEUNE, INC. UTIUT[ES CONTRACTOR P.O. Box 540129 Lake Worth, fl.. 33454 (561) 439-3755 Fax: (561) 439~3775 Project October 11, 2002 Vermeer Southeast l3oyntoh Beach, Florida Water Main 610' 6" DIP 350 17.00 Ft. 10,370.00 2 6x6 'rSVB 350fT- 00 'Fiae 7 ,000.00 2 6" Wet Tap 375.00 Ea. 750.00 26" Gat:.e Valve/Box M./L 400.0.0 ~a.. 800.00 1 Fire Hydrant (Boynton spec.) 1250.00 Ea. 1,250.00 2 4" Dol;laró$ 125.00 Ea. 250.00 2 6" MJ 45 Bend MIL 135.00 Ea. 270.00 1 5" MJ Tee. M!L 160. DO Ea. 160.00 1 6" MJ Sleeve MIL 135.00 Ea. 135.00 10 6" B/JIR 90.00 Ell.,. 900.00 7 APC Markers 25.00 Ea. 175.00 1 1i Water Service Connectioa 1200.00 Ea. 1,200.00 1 Fill and FTuRh Conné,;:,t:ion 490.pO ;E¡a. 490..00 2 Sample Points 125.00 Ea. 250.00 Wate:s:Main Total 24 ~ 000. 0.0 '2J . ... < ..... I· . . ... ... f ...........~~~ .. 0 . Kruger, P.E. DöugFox Inspection Fees: Water Cost: $ 24,000.00 x 1.60/0 Amount: $ 384.00 . ~- -~ ._'-.~~-~ -,-- .. j'- -, r ,,-...~~-"-. D RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1,200.00 . TO: Bokhoven & Den Besten, L TD D/B/A Denbok, Inc. P.O. Box 555367 Orlando, FL 32855-5367 FOR: Full release of cash surety for the project known as Vermeer Southeast Sales Commission Approval: ~ Requested By: Peter Mazzella, Deputy Utilities Director Date: September 15, 2004 Approvals: FUND DEPT BASIC ELE OBJ AMOUNT 401 0000 220 99 00 1,200.00 &~ ß. G:~ 1- /s· O'-{ Div Head Finance Dept. City Manager 1,200.00 , J VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FØRM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 5.2004 (Noon) September 20,2004 Ç) c:> C'") ~-i o August 17,2004 ONoon) August2,2004 o October 19,2004 (Noon) October 4, 2004 .i-~ ::::¡-< C/) ~~O m "J" o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004-U :-·-m - ··110 o November 16, 2004 01 --~~~~ o September 21 , 2004 (Noon) September 7, 2004 (Noon) November I. 2004 ~ ...:; ---I --0 N -=-;,z -r; CD 0 Administrative 0 Development Plans ,.,.) ~"':rT1 C"")"":;>O 0 Consent Agenda 0 New Business 1...0 (<ì Z, NATURE OF AGENDA ITEM 0 Public Hearing 0 LegaJ 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as Survivors Charter School (Quantum Park lots 18,19, 18A & 19A) and returning Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust to the developer, 1325 Gateway LLC. EXPLANATION: The water and sewer systems serving this project have been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The surety may now be returned to the developer. PROGRAM IMP ACT: None FISCAL IMPACT: None ~."s Signature UTILITIES Department Name XC: Dale Sugerman (w/copy of attachments) Peter MazzeJla " Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC tJC-i~,-- t.,,¡¿ ¿ .f;s Iff, /; d1á/~ ./ / I FIDELITY FEDERAL [~-VV¡ ,ri:.-V J f~~;, B A N K &. TRUST July 7, 2004 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Letter of Credit #28686-1 - $75,431.00 - 1325 Gateway, LLC To Whom It May Concern: Please be advised that 1325 Gateway, LLC will not be renewing the above referenced Letter of Credit. I ask that you forward the original Letters to me as soon as possible to the address noted below. If you have any questions, or concerns, please contact me at (561) 514-9301. Thank you for your time and attention in this matter. Sincerely, Cd.. ..- ~ --,-. \f\J-..--====7 Beth Weikart Commercial Portfolio Specialist ~ FDIC -- LENDER Corporate Offices: 105 Datura Street· West Palm Beach, FL 33401-5679 . (561) 803-9900 Insunld - 1-__ - 1" ~- ii .->--".0. _ ·-H FIDELITY FEDERAL BANK &.. TRUST 205 Datura Street, West Palm Beach, FL 33401 CLEAN IRREVOCABLE LETTER OF CREDIT DATED: June 26th, 2003 BENEFICIARY: APPLICANT: City of Boynton Beach 1325 GATEWAY, LLC 100 East Boynton Beach Boulevard 2500 Quantum Lakes Drive, #101 Boynton Beach, Florida 33435 Boynton Beach, Florida 33426 Gentlemen: We hereby open our Clean Irrevocable Letter of Credit No. 28686/100 in favor of the City of Boynton Beach, Florida ("City") for the initial amount of Seventy Five Thousand Four Hundred Thirty One and 00/100 U.S. Dollars ($75,431.00) effective as ofthis date This Letter of Credit is issued pursuant to those certain approved plans for Water and Wastewater Systems for Survivors Charter School, H.R.S. Water Permit No. 13827l-191-DSGP (hereafter "Approved Permit"), between 1325 Gateway, LLC, as developer and the City of Boynton Beach, Florida, to develop a subdivision to be known as Quantum Park at Boynton Beach, P.I.D., Plat No.2 (hereafter "Subdivision"), and to construct and install the required improvements pursuant to the terms of the permit and approved plans. This Letter of Credit, however is independent of said approved permit and referenced herein is for information only. It is a condition of this Letter of Credit that it shall be automatically renewed for successive periods of one (1) year period from the expiration date hereof, or any future expiration date unless at least ninety (90) days prior to any expiration date we shall notify you by courier at the address indicated above, unless a change of a address is otherwise notified by you to us in writing, that we elect not to consider this Letter of Credit renewed for any such additional period. The initial amount of funds available under this Letter of Credit and stated about may be reduced by the City of Boynton Beach Utilities Director, as authorized agent of the City of Boynton Beach, in accordance with the requirements of the Subdivision and required improvement regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendments to this Letter of Credit. Such amendment shall reference this Letter of Credit as the H.R.S. Permit Number and Subdivision name, as set out herein, and the new amount. Funds under this Letter of Credit are available to the City hereunder, not to exceeding in aggregate the amount of this Credit (as said amount may be amended from time to time pursuant to the above \\FID2\DATA .)\DEPTS\,\ TrYc~HELBYTLOSJNG\1325 GATEWAY LETTER\Lctt<rofCredit.doc paragraph against the City's demand, by its authorized Agent named above for payment on us mentioned our Credit No. 28686/1 00. All drafts drawn under this Credit must be marked "Drawn under Fidelity Federal Bank & Trust, Attention Janet Lapp, Vice President at 205 Datura Street, West Palm Beach, Florida of Credit No. 28686/100." The original Letter of Credit and all amendments thereto must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellation. We engage with you that each draft drawn under and in compliance with the terms of this Credit will be duly honored if presented at the office on or before June 26, 2004 or any automatically extended date. This Letter is subject-to and government by the Laws ofthe State of Florida and the 1993 revision of the Uniform Customs and practice for documentary credits of the international Chamber of Commerce (Publication No. 500) and in the event of any conflict, the laws ofthe State of Florida, will control. Choice of Venue. If there is a lawsuit, the beneficiary herein and Fidelity Federal Bank & Trust agrees to submit to the jurisdiction ofthe courts of Palm Beach County, Florida. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically out Credit Number. FIDELITY FEDERAL BANK & TRUST Authorized signature: By: ~ / y Name (typed) -loti...) M. AHIUi ~k-ûL -z..- Title ~(1.£TV \~ -=t=>~I"b~. ..-.~ ...---_....~. --..<-<c ....~_- . - ---~-_.....-_. ~ ...- ~ -~ -~ ,.--.,.- .~,. -- --"--.. VI.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to C itv Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July ] 9, 2004 IZI October 5, 2004 (Noon) September 20,2004 ,. c=J August ]7,2004 (Noon) August 2, 2004 c=J October ]9,2004 (Noon) October 4,2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 c=J September 2], 2004 (Noon) September 7, 2004 c=J November 16,2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF IZI Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing c=J Legal c=J Bids c=J Unfinished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Authorize repair to private property due to utility system damage. EXPLANATION: Please see attached memorandum from City Manager detailing incident that occurred during Hurricane Frances causing damage to private property at 1218 Isle Ct. and 1232 Gondola Lane. PROGRAM IMP ACT: City Manager believes the situation surrounding this incident to be unique and without precedent. However, in future storm events because the City cannot respond during the height ofthe storm, possible future claims of damage to private property due to water main breaks are possible. These would need to be reviewed on a case-by-case basis. There was no negligence on the part of the City. FISCAL IMP ACT: Estimated cost to the City to restore the private property damage is approximately $12,000. This is in addition to the cost of restoring the damage to public property and restoration of the finger canal. AL TERNA TIVES: Follow past practice of the City and deny claim for damages to private property owing to the damages not being caused by negligence of the City. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager@:i.boynton-beach.fl.us www.ci.boynton-beach·fl·us To: Mayor Taylor Vice-Mayor Ferguson Commissioner McCray Commissioner McKoy Commissioner Ensler .. '~ ~ From: Kurt Bressner, City Manager \ . 0 September 29,2004 Date: Subject: Recommendation on Property Damage Case On Saturday, September 4th during the early part of Hurricane Frances, a very large banyan tree fell onto Venice Drive adjacent to the homes of Ms. Veronica Muller of 1218 Isle Ct. and Mr. Steve Worrall, 1231 Gondola Lane. The two homes back up to a City-owned finger canal that runs perpendicular to Venice Drive. (see map.). When the tree fell, a six-inch water main that apparently was entwined in the root system of the tree also broke causing flooding. This was at the early part of the storm after we had pulled our staff off the street. Because of the need to keep our personnel safe, we could not respond to the neighborhood until Sunday morning. Our initial response to the neighborhood was at about 7:30 AM on Sunday where we encountered heavy tree damage, an impassible street and downed electric and phone lines entwined in the downed trees. The City was able to shut off the water main by mid-morning, Sunday, September 5th. This meant that the open water main flooded the Muller and Worrall property causing substantial damage to a fence and erosion of the back yard of Ms. Muller along with heavy siltation of the canal. Ms. Muller and Mr. Worrall feel the City is responsible for the damage to their property owning to the fact that they feel the City failed to respond in a timely manner to shut off the broken water main. Under normal circumstances, the City's Utility Department could respond quickly. The hurricane and the length of time the storm was in Boynton Beach made it impossible for our staff to safely respond to the scene. 0 I became aware of the situation late on September 21, 2004. The Utility Department staff had been working with the residents since Hurricane Frances. I personally visited the scene on September 22, 2004 and discussed the matter with Ms. Muller and Mr. Worrall. I explained that if the tree was on private property as was reported by Utilities, we would have no liability for damages. I also confirmed to them that it was proper for the City Utility Department to not respond during a hurricane due to protect the staff from injury. This did not make 0 , either resident very happy. I promised to have the Engineering Department verify the location of the tree. Subsequent to my site visit, I asked the Engineering Department to ascertain if the banyan tree that fell causing the water main break was on private property or on the Venice Drive right of way. If the tree were on private property, the City would take the position that the damages to the Muller and Worrall property were not the responsibility of the City. We were able to determine by September 23,2004 that the tree was indeed on City property. The initial report from Engineering was that the tree was on private property. I sent the Engineering Department out again to verify the measurements and by that afternoon we were able to verify the tree was on the Venice Dr. right of way. Because another storm was approaching, I directed the Utility Department to take necessary steps to stabilize the water main break area with granular backfill and to move as much of the vegetative debris as possible. This was done on Friday, September 24th. To my knowledge, this work helped minimize additional siltation into the finger canal. After the second hurricane (Jeanne), I asked Risk Management for an opinion of liability based on the fact that the banyan tree was on the City right of way. Chuck Magazine, Risk Manager advised me that the City would not be responsible for the damages to the Muller or Worrall property owning to the fact that the incident was caused by an "Act of God." While I accept this determination, I believe there are extenuating circumstances owing to a required and necessary delay in the City's response to the initial water main break on September 4th. It was proper for the City Utility staff to decline to respond in the middle of a dangerous hurricane. However, the circumstances contributed 0 to the damages to the City and private property. Accordingly, I request authorization to have Risk Management work with the two property owners for the restoration of their property using private contractors. I estimate the total cost of fence restoration, landscape repair and other actions on private property to cost approximately $12,000. This is in addition to the City's cost of restoring the finger canal and the damage to the right of way. This cost would be borne by the City. 0 This was a very unusual circumstance, without known precedent. 0 Cc: James Cherof, City Attorney Wilfred Hawkins, Assistant City Manager Nem Gomez, Interim Utility Director Chuck Magazine, Risk Manager 0 2 America's Gateway to the Gulfstream lO ö t.-8-G-¥ ~ - -W--&-S:r: N 65G.39' 0 r-==- _~ -N.Lineof Lon 56and 55.:;::y-S8T420"E ~2;,~' -- - - -T . 4J.J 80' ßOjt ' .. .0 $~. cP' O. 0 . 19. (:, u) I II) 2 3 4 5 If) 6 o (])N 7 - - - tU If) '- - N ,N -0 .6 '-.II (J) Q) --90. eX ~ 81.74' c:r 80' " 80' 0 76,22' ...........:=;.; 0 CA NAL 0 (9 1O 8281' ~~ 75' is' 102·04' 0, 49 50 g 51 0 52 0 I ¡, 6=23°38'20' ~ ~-'b. G2.3G' 75' 0 N 60' 0 COURT g 45 00 , A L I I 100' : f,\ ~ I ~1= ~ 42 I I Q).- 41 ' IEIII40 ¡ Q) L I jtJ)O : I~ l- I I-lf)~ 75· I I lOa' L ,A. N E 0 ~ l!) - ¡50' '0~~?P 6313 4$ !y I03·~30' ~ VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form 'vlust be Turned Meeting Dates in to City Clerk's Ot1ice Meeting Dates in to City Clerk's Oftìce 0 August 3, 2004 (Noon.) July 19,2004 [8:J October 5, 2004 (Noon) September 20,2004 0 August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4.2004 0 September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF [8:J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Direct the Occupational License staff to extend the Occupational License renewal deadline to October 31, 2004, without application of penalty. EXPLANATION: Due to the extreme hardships placed on local businesses due to the effects ofHuITÎcane's Francis and Jeanne, staff recommends that the City of Boynton Beach follow the lead of Palm Beach County, in extending the deadline for occupational license renewal through October 31,2004, without penalty. The Palm Beach County Tax Collector's Office made an administrative decision to extend the deadline on September 30, 2004. PROGRAM IMP ACT: The City will forfeit the penalty revenue but help to ease the burden placed on our local businesses to meet the October 1, 2004 deadline. FISCAL IMPACT: Estimated to be approximately $4,000 in penalty fees, based on last year's renewal trend. ALTERNATIVES: Maintain the October 1,2004 deadline per State Statute 205.053, City of Boynton Beach Code of Ordinances, Chapter 13 e ion 13-11. 1 ~ Jty Manager's Signature City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOR'v1.DOC VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 ~ October 4, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 c=J October 19,2004 (Noon) October 4,2004 c=J September 7, 2004 (Noon) August 16, 2004 c=J November 3, 2004 (Noon) October 18,2004 c=J September 21 , 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM ~ Public Hearing ~ Legal c=J Bids c=J UnfInished Business c=J Announcement 0 Presentation c=J City Manager's Report RECOMMENDATION: Please maintain this request on the October 4, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The City Commission tabled this request to the October 4, 2004 meeting, and tabled Second Reading to the October 19th agenda. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (ANEX 04-003) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately 1 14 mile north of Gulfstream Boulevard DESCRIPTION: Request for annexation of9.99 acres of partially developed parcels located in unincorporated Palm Beach County. PROGRAM IMPACT: N/A FISCAL IMP ACT: NIA 4- ALTERNATIVES: N/A . ',iY Manag«" Signature W. ' -¡4L Planning and Zo g Director Ci Attorney 1 ance / Hwnan Resources S:\PlanningiSHARED\ WP\PROJECTS\Gulfstream Gardens\ANEX 04-003\Agenda I em Request Gulfstream ANEX 04-003 public hearing.l st reading 10- 4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANÌ'.TEXING 9.99 ACRES OF 5 P ARTIALL Y DEVELOPED PARCELS OF LAND THAT 6 IS CONTIGUOUS TO THE CITY LITvlITS WITHIN 7 PALM BEACH COUNTY AND THAT WILL, UPON 8 ANNEXATION, CONSTITUTE A REASONABLY 9 COMPACT ADDITION TO THE CITY TERRITORY; 10 PROVIDING THAT THE PROPER LAND USE 11 DESIGNATION AND PROPER ZONING OF THE 12 PROPERTY SHALL BE REFLECTED IN SEPARATE 13 ORDINANCES TO BE PASSED SIMUL TANEOUSL Y 14 HEREWITH; PROVIDING FOR CONFLICTS, 15 SEVERABILITY, CODIFICA TION AJ\.TD AN 16 EFFECTIVE DATE; PROVIDING THAT THIS 17 ORDINANCE SHALL BE FILED WITH THE CLERK 18 OF THE CIRCUIT COURT OF PALM BEACH 19 COUNTY, FLORIDA, UPON ADOPTION. 20 21 \YHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 22 evelopment of an Annexation Program; and 23 \YHEREAS, The owners, by and through their agent, Bradley Miner, Miller 24 and Planning Consultants, Inc., of the property more particularly described hereinafter, 25 as heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code 26 f Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain 27 ract ofland consisting of approximately 9.99 acres; and 28 \VHEREAS, the City of Boynton Beach hereby exercises its option to annex the 29 ollowing tract of land as hereinafter described, in accordance with Article I, Section 7 30 32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 31 d 32 \VHEREAS, said tract of land lying and being within Palm Beach County is 33 ontiguous to the existing city limits of the City of Boynton Beach, and will, upon its :\CA\Ordinances\Planning\Annexations\Annexation - Gulfstream.doc 1 nnexation, constitute a reasonably compact addition to the City territory. 2 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. That each and every Whereas clause is true and correct. 5 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 6 oynton Beach, Florida and Section 171.044, Florida Statutes the following described 7 nincorporated and contiguous tract of land situated and lying and being in the County 8 fPalm Beach, Florida, to wit: 9 See attached Exhibit "A" 10 11 ONTAINING APPROXIMATELY 9.99 ACRES OF LAND 12 13 s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 14 e and become part of the City with the same force and effect as though the same had 15 een originally incorporated in the territorial boundaries thereof. 16 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 17 orida, is hereby amended to reflect the annexation of said tract of land more particularly 18 scribed in Section 1 of this Ordinance. 19 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 20 ning designation and Land Use category is being detennined as contemplated in Section 21 1.162(2), Florida Statutes. 22 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 23 pealed. 24 Section 5: Should any section or provision of this Ordinance or any portion thereof 25 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 26 mainder of this Ordinance. :\CA\Ordínances\Planníng\Annexatíons\Annexatíon - Gulfstream.doc I I 1 Section 6: This Ordinance shall not be passed until the same has been advertised i I 2 r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton ! 3 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. I Section 7. This ordinance shall become effective immediately upon passage. I 4 5 Section 8. Specific authority is hereby given to codify this Ordinance. 6 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 7 ircuit Court of Palm Beach County, Florida. 8 FIRST READING this _ day of ,2004. 9 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 TTEST: 25 Commissioner 26 27 ity Clerk . 28 29 :\CA\Ordinances\Planning\Annexations\Annexation - Gulfstream.doc Exhibit" A" GULF STREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERL YL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERLY PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERL Y, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 10r3T (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE I I SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 r FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. DEVELOPMENTDEPAR~ENT PLANNING Ie. ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: O1alrman and Members CommunIty Redevelopment Agency Board Mayor and rlon FROM: Dick Hudso, CP Senior Planner ~~ THROUGH: Michael W. Rumpf ~ Director of PlannIng and ZonIng DATE: September I, 2004 PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; . Amend the future land use designation from CHIS (Palm Beach County), General Commeråal and Local Retail Commercial (aty of Boynton Beach) to Spedal High Density Residential; and · Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commerdal (aty of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPnON Property Owners: Multiple owners, Including: Broward Pump and Supply Gulfstream Gardens, LLC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, m Applicant! Agent: Gulfstream Gardens, LLC/Bradley Miller, Miller Land PlannIng Consultants, Inc. Location: West. side of Federal Highway, approximately V4 mile north of Gulfstream Boulevard (exhibit "A") Parcel Size: 9.99 acres ExIsting Land Use: Commercial High/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) Page 2 File Number: LUAR 04-004 Gulfstream Gardens ExIsting Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North : Developed commercial (Service Elecbic) In unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying S -units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land In unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Seacrest Scrub) designated Conservation (CON) and zoned REC Recreation EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment Is consistent with the Comprehensive Plan, and In particular with policies that support annexation of endaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the Oty, and; 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. - ---- -- ----~-.-~,.~-,~~_..-.. .--" _.. ____-~_~........__..-.-._=-~.--.----- '._n~ Page 3 Rle Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted In 1989, the aty Included policies dealing with the future annexation of properties adjacent to Its boundaries. One of the Oty's policies Is to reduce existing 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 Interiocal agreements, to provfde emergency services. It was envfsioned that the properties along the Federal Highway Corridor south of the Intersection of Old Dixie Highway, Including the subject parcels, would eventually be annexed Into the City and form a retall-oriented corridor, consIstent with the land use desIgnations and 20nlng categories assigned by both the City and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use In this area would be new car dealerships. OVer the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan through the establishment of the Special High Density Residential classification, Intended to support redevelopment In the coastal area. This type of development furthered the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Oub) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commeròal uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty'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 properly continues this trend. MASTER PLAN ANAL YSIS Under Its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the PUD 20nlng disb1ct at a density of 10.8 dwelling units per acre for a total of 107 units. The developer Is requesting a change of land use to the Special High Density Residential classification to develop 199 condominium units and accessory amenities. Generally, when a PUD Is to be developed In a single phase, a Site Plan approval application Is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this Instance, the developer has chosen to submit a Master Plan. Master Plans give general Infol1Tlation about a proposed development through graphics and tabular data, but are not so specific as to describe exact placement of bu1ldlngs, architectural design or proposed colors, and parking and landscapIng details. These details are required elements of a site plan application, which will be subsequently filed for this project. The prindpal elements of a master plan consist of density, unit types, setbacks, access and drculation and Infrastructure sources and needs. , Page 4 Ale Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed reaeatlon amenities, the Internal circulation and the allocation of parking are In a configuration that creates a pedestrian- friendly development that provide the feel of a neighborhood. Major access to the development Is from Federal Highway, with secondary access provided from Old DIxie Highway. Federal Highway medians restrict access to the property to a right-In/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unit building, have a minimum of 2S feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple townhomes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building Is shown at 45 feet. Parking spaces are provided either as first-floor garages, In detached garage spaces or uncovered surface spaces. Tabular data shows that 39B spaces are required and 417 are to be provided. Proposed recreation amenities Include two swimming pools, one adjacent to a clubhouse and one adjacent to a cabaña. A third, passive recreation areal is a landscaped courtyard with a central water feature. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 9.99 acres. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Rorida Department of Community Affairs and is not reviewed for compliance with the state, regÎonal 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, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations( staff Is not required to review the petition against the eight (B) criteria by which land use amendments and rezonlngs 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 conslstenc.y 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. a. Whether the proposed rezoning would be consIstent with applicable comprehensive plan polides Induding but not limited to, a prohibition agaInst any Increase In dwelling unit density exceeding 50 In the hun1cane evacuation zone without written approval of the Palm Beach County Emergency Planning DIvision and the aty's fisk manager. tñe plannIng department shall also recommend IImltatfons or . _..__~...,__þ~,_.>.,.__~_____..~<,>-"~~,,,.~~7_____~___ . ~~ ~_.«,,,,..,,,_~_o__,,,,_,,~ h.' '-'C '....~ Page 5 File Number: LUAR 04-004 Gulfstream Gardens requIrements, whIch would have to be Imposed on subsequent development of the property, In order to comply wIth polfdes contaIned In the comprehensIve plan. The subject property is located on the west side of Federal Highway and therefore is not in the hurricane evacuation zone; however, It is staffs recommendation that the developer provide a mechanism to disseminate continuing Information to resIdents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. OVer the past several years, the Cty 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 fadlltated by the Cty's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment In the coastal area. Land use amendments and rezonlngs, which change designations from commercial uses to residential uses, are particularly consistent with two polldes In the Comprehensive Plan: ''Policy 1.17.1 The aty shall continue to discourage additional commercial and Industrial uses beyond those which are cufTently shown on the Future Land Use Map, except where access is greatest and Impacts on residential land uses are least"; and "Policy 1.19.7 The aty shall continue to change the land use and zoning to permit only residential or other non-commercial uses In areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) In the Federal Highwav Conidor Community Redevelopment Plan. which was adopted by the Oty on May 16, 2001. The plan's recommendations for this planning area Indude 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 Cty." (p. 81) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "strip" commercial areas In this vldnlty wfll help support the downtown commerdal core, as well as 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. Page 6 Ale Number: LUAR 04-004 Gulfstream Gardens b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an Isolated district unrelated to adjacent and nearby distrlc!s¡ or would constitute a grant of special ptivllege to an Individual property owner as contrasted with the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an Increase In the number of residential developments wIth densIties greater than 10.8 du/ac. ThIs type of development furthers the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current ComprehensIve Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densIties ranging from 21 du/ac (Colonial Qub) 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 Oty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to Increase the range of housing opportunities available In the redevelopment area. c. Whether changed or changIng conditions make the proposed rezonIng desirable. The request for conversion of parcels designated for commerdal 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 condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly Increase with the change in use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present desIgnation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site Is less than the maximum possible, since the applicant used 0.35 Roor Area Ratio (FAR), when In actuality, the maximum FAR Is 0.50.) Developed with 199 resIdential unIts, each unit housIng 2.39 persons, the demand for water would Increase to 86,561 gallons per day (based on 182 gallons per capIta per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum dally traffic generation of 5,211 trips, compared to 1,393 maxImum trips per day, If developed with 199 dwelling unIts. Under the Palm Beach County Traffic Performance Standards OrdInance, residential projects located east of 1-95 are exempt from meeting Level of Service Standards of the Ordinance. _____.,__.__........_""""..~4~.__. -~.>_....~~--'-"-_..~----~~¥' - . .P..-.-='----~--'~---_·· ~.~ Page 7 Rle Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination Is not required as a part of the Land Use Amendment process, but Is required In conjunction with a rezoning/site plan application. The School DIstrict has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All Impacted schools In Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency Is not an Issue. 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. Lastly, drainage will be reviewed In detail as part of the site plan approval process, and must satisfy all requirements of the dty and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the CU1Tent and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently vacant and portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property Into the aty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning disbict. The C-3 Community Commerdal disbict would most nearty correspond with Palm Beach County's Commercial General zoning disbict, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remaining portion of the property fronting on Old DIxie Highway could also be redeveloped under C-4 General Commercial zoning. It is unlikely, however, that a commerdal tract of almost 10 acres would be physically or economically viable. g. Whether the proposed rezoning is of a scale whk:f1/s reasonably related to the needs of the neIghborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a highly visible entrance conidor to the aty and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. Page 8 Ale Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sites elsewhere In the dty for the proposed use, In districts where such use Is already allowed. In accordance with the definition of the Special High Density Residentfa/land use designation In Policy 1.16.1 of the Future land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDAßONS A5 Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; will not create additional impacts on Infrastructure that have not been antidpated In the Comprehensive Plan; will be compatible with adjacent land uses and will conbibute to the overall economic development of the Oty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be induded as exhibit "B". AlTACHMENTS S:\PIamIng\SHARED\WP\PROJECTS\GuJrstream Gartlens\WAR 04-004\STAff REPORT NEW.doc _ _~._ ~ð_"L'-__-_' ---~ --- -....-~.~- --~~'~-"'=~.?-,""--'--~' .<_-~.#- -._~ .. -~_................._...~_.-~ -_.~-,---~ GULFSTREAM GARDENS LOCATION MAP ~ Z IU - ~ Q Q .., 0 Z N LEGEND W." U/M Annexation Area Amendment Area s o 35 70 140 210 28p -- eet LRC . Local RetaU Commercial GC . General Commercial ~l ~ I 1 l1 JJ -I i . ~ Ii I ! II. I ~ h. "\ 'lpDG9 001""'011 ~ ~ :c U! f. )6'1 e¡ · ~ ~ i ~ JII U,J1tl;Jl II!.! ,lilt ' SuepJOÐ WoaJlSnÐ j I· I ..I ~ j a.. O.! IE J J~ Iii ~ " J J ; 1- , ! ~ .~ . , ~ It 0 [ ~ I/!!'" ~ c Ii 1 i ~! R"_~. !; t .... J tn JIm ... U""Q ~ !i. !I t ::7" I t~1I .. a ~!i¡i I tl~- liirf!i !l 8 i ) ~I IIIII I I ii ~!f Ilø ~ u øø r.; I I J I _.. J ~ Î i n i¡ i )..) "I" f.t ~ H!t I I - - I -=- j, ~ ...----~._---------~-~~ .-~-- ~~----, - -- -. ~-~--,----~---~.- - --. ...~~.-..>.~, VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk's Office o August 3, 2004 (Noon.) July 19,2004 [8J October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8J Public Hearing [8J Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please maintain this request on the October 4, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The City Commission tabled this request to October 4, 2004 meeting, and tabled Second Reading to the October 19th agenda. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (LUAR 04-004) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately I /4 mile north of Gulfstream Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential; and Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD). Proposed use: Multi-family residential development. . PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A AL TERNATIVES: N/A .W Planning and Zo Director S :\Planning\SHARED\ WP\PROJECTS\Gulfstream Gardens\LUAR 04-004\Agen 4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , 1 ORDINANCE NO. 04- I I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON I 4 BEACH, FLORIDA M1ENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN FOR 7 A 9.99 ACRE PARCEL; THE LAND USE 8 DESIGNATION IS BEING CHANGED FROM 9 COMMERCIAL HIGH INTENSITY, GENERAL 10 COMMERCLA.L AND LOCAL RETAIL 11 COMMERCIAL TO SPECIAL HIGH DENSITY 12 RESIDENTIAL; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 16 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 17 Use Element by Ordinance No. 89-38 in accordance with the Local Government 18 Comprehensive Planning Act; and 19 \VHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 21 and 22 WHEREAS, after public hearing and study, the City Commission deems it in 23 the best interest of the inhabitants of said City to amend the aforesaid Element of the 24 Comprehensive Plan as adopted by the City herein. 25 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMl\USSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and 28 incorporated herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 30 following: S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens.doc .-.-~ -"--.... - ,-........ ~- _ __ ~'._____"'-'__---"''''_._~'._~"~~_'''._.~~ ~__~~ _ ·_~__~-'><_~A"_"_'_~__~ ~~ ~--~--"'___"'-~"""'''''''''''~ ~i-t--_>_ 1 That the Future Land Use ofthe following described land shall be designated as 2 Special High Density Residential (SHDR). Said land is more particularly described as 3 follows: 4 See legal description attached hereto as Exhibit "A". 5 6 7 Subject to easements, restrictions, reservation and rights of way of record. 8 9 Said lands situate, lying and being in Palm Beach County, Florida. 10 11 Section 3: That any maps adopted in accordance with the Future Land Use Element 12 shall be amended accordingly. 13 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 14 repealed. 15 Section 5: Should any section or provision of this Ordinance or any portion thereof 16 be declared by a court of competent jurisdiction to be invalid, such decision shan not affect 17 the remainder of this Ordinance. 18 Section 6: This Ordinance shall take effect on adoption, subject to the review, 19 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 20 Planning and Land Development Regulation Act. No party shall be vested of any right by 21 virtue of the adoption of this Ordinance until all statutory required review is complete and 22 all legal challenges, including appeals, are exhausted. In the event that the effective date is 23 established by state law or special act, the provisions of state act shall control. 24 25 FIRST READING this _day of ,2004. 26 S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens.doc ¡ i I 1 I 2 SECOND, FINAL READING and PASSAGE this _ day of I , I 3 2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 C ommi ssi oner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA\Ordìnances\Planning\Land Use\Gulfstream Gardens.doc .... -- M - -..- _,__~_~~...____o____"._ . -.___._~-';>_~-''''~_''''_''"'"'~''''_. - ,.--.....,-->".--~==~,__~---to.~..~~,._ Exhibit "A" GULFSTREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERL YL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERL Y, AT AN ANGLE OF 10r37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERL Y, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. ,-_. - ..... . ...-.--,-. --~--==~--~_.-.. ~_. ____,. M> __,-,,~,.~~__ __,__. "-~_.-"'-~--_.-^ ,~~_~_~_ -~~ --·-w 1 2 ORDINANCE NO. 04- 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE APPLICATION 5 TO REZONE 9.99 ACRES OF LAND, AMENDING 6 ORDINANCE 02-013 TO REZONE A PARCEL OF 7 LAND FROM COMMERCIAL GENERAL DISTRlCT 8 (CG); GENERAL COMMERClJ-\L (C-4) AND 9 COMMUNITY COMMERCIAL (C-3) TO PLANNED 10 UNIT DEVELOPMENT (PUD); PROVIDING FOR 11 CONFLICTS, SEVERABILITY AND AN EFFECTIVE 12 DATE. 13 14 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 16 said City; and 17 WHEREAS, Bradley Miller of Miller Land Planning Consultants, Inc., as 18 agent for the multiple property owners, the property being more particularly 19 described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of 20 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, 21 for the purpose of rezoning a parcel ofland consisting of approximately 9.99 acres, 22 said land being more particularly described hereinafter, rrom Commercial General; 23 General Commercial (C-4) and Community Commercial (C-3) to Planned Unit 24 Development (PUD); and 25 \VHEREAS, the City Commission conducted a public hearing and heard 26 testimony and received evidence which the Commission finds supports a rezoning 27 for the property hereinafter described; and 28 \VHEREAS, the City Commission finds that the proposed rezoning is S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Gulfstream Gardens.doc r: j' 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public hearing heretofore referenced; and i 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter ¡::: set forth. --' 6 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMl\USSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton 11 Beach, Florida as set forth as follows: 12 See Legal Description attached as Exhibit "A" 13 14 be and the same is hereby rezoned rrom Commercial General; General Commercial (C-4) 15 and Community Commercial (C-3) to Planned Unit Development (PUD). A location 16 map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. 17 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 18 accordingly. 19 Section 4. All ordinances or parts of ordinances in conflict herewith are 20 hereby repealed. 21 Section 5. Should any section or provision of this Ordinance or any portion 22 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 23 ot affect the remainder of this Ordinance. 24 Section 6. This ordinance shall become effective immediately upon passage. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gulfstream Gardens.doc ~, ~""~ --~. _.....-""'"'._;_,,_._'o;.~- -_ ---~.-~_.~._-----,- --~ '-__ _~._~_,-"__-.-_-,~L--'...__.__....__~_ ._ 1 2 FIRST READING this _ day of , 2004. 3 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gulfstream Gardens.doc I ! I I ¡ , I I Exhibit "A" I i I GULFSTREAM GARDENS I I I LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERLYL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERLY PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 107°37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE ~-~-- *'_ ,,-Ph. -.. .--~ ~-~"""'~----"'..-~.-_. ~ -. -~=.------~ ~ . - -, - >-~~,<~-~~...,,--~,~~,.- -~'" I SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. DEVELOPMENT DEPARTMENT PLANNING Ii ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and rron FROM: Dick Hudso, CP Senior Planner ~ THROUGH: Michael w. Rumpf ~ Director of PlannIng and Zoning DATE: September 1,2004 PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the future land use designation from CHIS (Palm Beach County), General Commercial and Local Retail Commercial (aty of Boynton Beach) to Special High Density Residential; and · Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commerdal (aty of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPnON Property Owners: Multiple owners, induding: Broward Pump and Supply Gulfstream Gardens, LLC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, ill Applicant! Agent: Gulfstream Gardens, LLqBradley Miller, Miller Land Planning Consultants, Inc. location: West. side of Federal Highway, approximately Y4 mile north of Gulfst.ream Boulevard (exhibit "A") Parcel Size: 9.99 acres existing land Use: Commercial Hlgh/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) .________~__bo---'_~'· ----~- ,~,-- - --_.~.'~--'~.~--'"",,-"-~~'~""-:--_.~ _____~.......,._""".......~...._.c_.~-----... . _..~-_.-_.- --~~~ -- Page 2 Rle Number: LUAR 04-004 Gulfstream Gardens existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North: Developed commercial (Service Electric) In unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying 5 -units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Seacrest Scrub) designated Conservation (CON) and zoned REC Recreation EXeCUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment Is consistent with the Comprehensive Plan, and In particular with policies that support annexation of endaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will aI/ow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic conb1bution to both the neighborhood and to the Oty, and; 4. There Is a long-standing lack of demand for retail commerdalland In the vicinity and a high proven demand for residential land use In the Federal Highway corridor. Page 3 Ale Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted In 1989, the Oly Included policies dealing with the future annexation of properties adjacent to Its boundaries. One of the Oty's policies Is to reduce existing 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 emergency 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 Into the Oty and form a retall-orlented 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 aty 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 faålltated by the CIty's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commeråal uses with residential projects that have enhanced the esthetics of the corridor, as well as the aty'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 properly continues this trend. MASTER PLAN ANAL YSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commeråal designation. This land use designation also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per acre for a total of 107 units. The developer Is requesting a change of land use to the Special High Density Residential classification to develop 199 condominium units and accessory amenities. Generally, when a PUD Is to be developed In a single phase, a Site Plan approval application Is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this Instance, the developer has chosen to submit a Master Plan. Master Plans give general infonnatlon about a proposed development through graphics and tabular data, but are not so specific as to describe exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are required elements of a site plan application, which will be subsequently flied for this project. The principal elements of a master plan consist of density, unit types, setbacks, access and drculatlon and Infrastructure sources and needs. ,,__~__c__~___~_____","·"'" ~ __< ,-. ---..............~~...._-~...._~-< > . ~ -~~.....,----~.. - ~~ ,---~ Page 4 Rle Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the Internal drculatlon and the allocation of parking are In a configuration that creates a pedestrlan- friendly development that provide the feel of a neighborhood. Major access to the development Is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-In/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple townhomes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building Is shown at 45 feet. Parking spaces are provided either as first-floor garages, In detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities Include two swimming pools, one adjacent to a dubhouse and one adjacent to a cabaña. A third, passive recreation area, Is a landscaped courtyard with a central water feature. PROJECT ANAL YSIS The parcels, which are the subject of this land use amendment, total 9.99 acres. Because of the size of the property under consideration, the Rorlda 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, AdmInIstration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change indudes 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. In this Instance, however, the analysis serves to sb'engthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polides Induding but not limited to, a prohibition agaInst any Increase In dwelling unit density exceedIng 50 In the hunfcane evacuation zone without written approval of the Palm Beach County Emergency Planning DIvision and the Gty's risk manager. tñe plannIng department shall also recommend limItations or Page 5 Ale Number: LUAR 04-004 Gulfstream Gardens requirements, whIch would have to be Imposed on subsequent development of the property, in order to comply wIth pol/des contaIned In the comprehensIve plan. The subject property Is located on the west side of Federal Highway and therefore Is not In the hurricane evacuation zone; however, It Is staffs recommendation that the developer provide a mechanism to disseminate continuing Information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that wfll be established. Over the past several years, the Oty 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 Oty's Comprehensive Plan through the establishment of the Spedal High Density Residential classification, Intended to support redevelopment In the coastal area. land use amendments and rezonlngs, which change designations from commercial uses to residential uses, are particularly consistent with two polldes In the Comprehensive Plan: ''Policy 1.17.1 The aty 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 residential land uses are least"; and ''Policy 1.19.7 The Gty shall continue to change the land use and zoning to pennit only residential or other non-commerdal uses in areas where the demand for commercial uses will not Increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Conidor Community Redevelopment Plan. which was adopted by the aty on May 16, 2001. The plan's recommendations for this planning area Include the following: "Encourage a variety of housing. Develop Intensity standards that allow for a variety of housing styles and types at Intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, masstng and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the Oty." (p. 81) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "stripn commercial areas In this vldnlty will help support the downtown commercial core, as well as 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. . _... ~~_ _'.-"'_~"'"_-<N,,*.. -. .--~.'-~-- ._------,-- --. -~-~~._-......._.....-;,.~...-...._~- .---.~~..,< ---...-.-.~-,-- > Page 6 Rle Number: LUAR 04-004 Gulfstream Gardens b. Whether the proposed rezonIng would be contrary to the established land use pattem, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special ptivflege to an Individual property owner as contrasted with the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an Increase In the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Cub) 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 Oty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to increase the range of housing opportunities available In the redevelopment area. 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 condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fadllties. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly Increase with the change in use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site Is less than the maximum possible, since the applicant used 0.35 Floor Area Ratio (FAR), when In actuality, the maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would Increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum dally traffic generation of 5,211 trips, compared to 1,393 maximum b'ips per day, If developed with 199 dwelling units. Under the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting Level of Service Standards of the Ordinance. Page 7 Ale Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination Is not required as a part of the Land Use Amendment process, but Is required In conjunction with a rezoning/site plan application. The School DIstrict has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All Impacted schools In Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency Is not an Issue. 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. lastly, drainage will 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. e. Whether the proposed rezoning would be compaöble with the culTent and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the exisöng zoning. Portions of the property are currently vacant and portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property Into the aty, the Palm Beach County zoning must be changed to a aty of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remaining portion of the property fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It Is unlikely, however, that a commercial tract of almost 10 acres would be physically or economically viable. g. Whether the proposed rezoning is of a scale whIch Is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a hIghly visIble entrance corridor to the Cty and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. <~. ~ T_. __,._--<~C__~_L_ ._,~-v-. ~. ,r 't!-~ -.~--.~--- --_....<-- -._-.--..._.-.....-"~..- -,-~.-_.-~..".__.-._"----~ - --.----" Page 8 Rle Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sites elsewhere In the dty for the proposed us~ In districts where such use Is a/ready a/lowed. In accordance with the definition of the Specla/ High Density Resident/a/land use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ae are permitted In the Federal Highway corridor to encourage InfilJ development and redevelopment. There are a limited number of sites elsewhere in the dty where residential development could occur at a density of 10.8 du/ae; 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. CONCLUSIONS/RECOMMENDATIONS As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; will not create additional impacts on Infrastructure that have not been antidpated In the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the Oty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be included as exhibit "B". A1TACHMENTS S:\PIaMIng\9iARED\WP\PROJECTS\Gulfstream Gardens\WAR 04-004\STAFF REPORT NEW.doc GULFSTREAM GARDENS LOCATION MAP ~ Z IU - ~ Q a .." 0 Z N LEGEND w*. U//~ Annexation Area Amendment Area s o 35 70 140 210 28~ -- eet LRC . Local Retail Commercial GC . General Commercial ....._ .y..-i<.~'_'-"__"_.' .--~--""""""""""""----<-'''., - <._-~ -----~-- /_~_.----~~........_~~_. ~- . ~l ~ I I t, JJ I I . il! I II, II· I. 1:1 "Poog UO¡......og ~ I - ~ :~ If! '. 1;1 J 5; . I ~ i hilI p,III':» II"qll¡! suapJDÐ WOaJ¡SllnÐ i~· ~ j Q. U I it I~ J Ja IIi." J I II ; ! 1- ~ .~ -:. , S K . ~ ~!!'= i ~ II J I ~! ·-""1 !i t :':: J tii !!!!! ~ si' !t .. I :::" I i~1I ) ~ ~!i¡i I tl~- liif!i ~ i ~I IIIII I I ii ~!I I). II II .. ..ì I I I} J ~ ~ ~ I I H i,¡ I..) "(,, I,l 8 ~t î ~ ~I I I - S - --.;::: - ~- =- ~ = - = .LS\1:)o -=-=- ~~No7.t f -=- -~ i. ~ . · VIII.-PUBlIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnT! Must be Turned Requested City Commission Date Final FOnT! Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19, 2004 [8] October 4, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1, 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM [8] Public Hearing [8] Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-231. EXPLANATION: PROJECT: Boynton Mango (LUAR 04-011) AGENT: Maggie Barszewski, Boynton Mango LLC OWNER: Boynton Mango LLC LOCATION: Northwest comer of Boynton Beach Boulevard and NW 7th Court DESCRIPTION: Request to amend the Future Land Use designation fÌom Low Density Residential (LDR) to Local Retail Commercial (LRC); and Rezone fÌom R-I-A Single-Family Residential to C-2 Neighborhood Commercial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI N/A De ¡ Depa t Director anager's Signature opme 'h \~ ~/J ~ Planning and Zo· Drrector City ey / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Mango\Agenda Item Request Boynton Mango L 04-011 Public Hearing.Ist reading IO-4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING a. ZONING DMSION MEMORANDUM NO. PZ 04-231 TO: Chair and Members Planning and Development Board MaYOran~n FROM: Dick Huds , CP Senior Planner ~~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: September 20, 2004 PROJECT NAME/NUMBER: Boynton Mango/LUAR 04-011 REQUEST: To amend the Future Land Use designation from Low Density Residential (LDR) to Local Retail Commercial (LRC) and rezone from R-1-A Single-Family Residential to C-2 Neighborhood Commercial PROJECT DESCRIPTION Property Owner: Boynton Mango, LLC Applicant/Agent: Boynton Mango, LLC/Maggie Barszewski Location: Northwest corner of Boynton Beach Boulevard and NW 7th Court (Exhibit "A") Parcel Size: 3,700 sq. ft. (0.08 acres) Existing Land Use: Low Density Residential (LDR) Existing Zoning: R-1-A Single-Family Residential (with use as C-2 zoning pursuant to Chapter 2. Zoning, Section 3.A.5.g. dealing with division of a lot of record) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: C-2 Neighborhood Commercial Proposed Use: Commercial Development on a total parcel of 0.29 acres (maximum potential of 6,316 square feet, based on a FAR of 0.5) Page 2 File Number: LUAR 04-011 Boynton Mango Adjacent Uses: North: Developed single-family residential designated Low Density Residential (LDR) and zoned R-1-A Single Family Residential South: Vacant commercial property under the same ownership as the subject parcel designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, then right-of-way of Boynton Beach Boulevard, and developed commercial uses (strip commercial center) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial East: Right-of-way of NW 7th Court then, to the southeast, developed commercial (attorney's office) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, and to the northeast, developed residential (single-family residence) designated Low Density Residential (LDR) and zoned R-l-A Single Family Residential West: Developed commercial (dental office), the southern portion designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, the northern portion designated Office Commercial (OC) and zoned C-1 Office/Professional EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested action represents a minor boundary adjustment that will maintain general compatibility of the proposed land use with surrounding land uses, with the application of appropriate site improvements as described below; 2. It will resolve an inconsistency between the future land use map and the zoning map; 3. It will not increase the buildable square footage of commercial space for the property; 4. It may provide an opportunity for better site planning of the property; and, 5. Assuming that site improvements to prevent any possible impacts of commercial development on the abutting single-family neighborhood to the north and east of the subject property; are included as conditions of approval of the rezoning, such as: . The buffer wall required between commercial and residential zoning districts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum Page 3 File Number: LUAR 04-011 Boynton Mango distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles; and . Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. BACKGROUND The original plat for the subject property shows that lot 12 was platted with a 139.89-foot depth along Nicholas Road (NW 7th Court) and approximately 74 feet of frontage along Lake Avenue (Boynton Beach Boulevard). Lot 1, east of lot 12, across Nicholas Road, was platted to a similar depth and width. Lot 11 and the remainder of the residential lots were platted with frontages on Nicholas Road of 95 feet and depths of 73 to 74 feet. Subsequently, the north 45 feet of lot 11 was combined with 30 feet of lot 10 and sold for residential development, leaving the south 50 feet of lot 11 vacant (and not meeting the 60 foot minimum frontage or the 7,500 square foot lot area requirements for residential development under the R-1-A zoning). The owner of lot 12 purchased this remnant of lot 11. In 1987, a request by the owner of the two parcels for land use amendment for the subject property to Local Retail Commercial and rezoning to C-2 Neighborhood Commercial was denied in a 6-1 vote (endorsing the recommendation of the Planning Department) (P & D Minutes, 5/12/87). The City Commission voted 5-0 to deny the request (CC Minutes, 5/19/87). In 1992, the Planning and Development Board voted unanimously to allow the 50-foot portion of lot 11 "zoned for residential use. . . (to ) be used for commercial use"(without a change to the map), adding conditions that the north 30 feet of the subject property (abutting the residential development) be used for drainage and landscaping and that any building developed on the property be constructed in a residential character. (P & D Minutes, 6/9/92). The City Commission also unanimously voted to approve this request with the stated conditions (CC Minutes, 6/16/92). In arriving at this solution, staff cited a section of the zoning code that applies when a zoning district line splits a lot of record (Sec. 3.A.5.g.-see EXHIBIT B). PROJECT ANALYSIS The parcel, which is the subject of this land use amendment, total 0.08 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, 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, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written Page 4 Rle Number: LUAR 04-011 Boynton Mango approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The directions regarding hurricane evacuation zone do not apply to requests for commercial designation or to properties located outside the hurricane evacuation zone; however, other applicable policies in the Comprehensive Plan, and specifically the Land Use Element, include the following: Policy 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 residential land uses are least. Policy 1.17.3 The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. Policy 1.19.6 . . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies. With respect to Policy 1.17.1, even though the southern portion of the property fronts on Boynton Beach Boulevard, it is doubtful that curb cuts will be allowed by the Florida Department of Transportation (FDOT), therefore access will be limited to NW 7th Court, a local street. Additionally, there will be impacts on both the residential property to the north and to the east, across NW 7th Court. The impacts to the single-family development can be lessened through the application of appropriate site improvements. With respect to Policy 1.17.3, the zoning code requires buffer walls set back 2 feet from the property line on the commercial lot. Since the R-1-A zoning regulations require a minimum side yard setback of 7.5 feet, the wall could be as close as 9.5 feet from the residential structure. While a great number of the uses permitted under C-2 zoning are of relatively low intensity, the district also allows convenience stores and restaurants, and with conditional approval, drive- through, drive-up and drive-in restaurants. In the case of the latter uses, the required buffering may not be sufficient to ameliorate the negative effects of these more intense uses; therefore, the required buffer wall should be set back an additional distance from the property line. Consistency with Policy 1.19.6 is evidenced by the fact that the subject parcel has only 50 feet of frontage on NW 7TH Court and a depth of approximately 74 feet. This provides a lot area of 3,700 sq. ft. The minimum frontage required for development of a single-family residence in the R-1-A zoning district is 60 feet and minimum parcel size is 7,500 sq, ft.; therefore, the lot is not usable for residential development. Additionally, the approval of this request will serve to Page 5 File Number: LUAR 04-011 Boynton Mango clear up an inconsistency that has existed between the future land use map and the zoning map since 1992. b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning can be viewed in two ways. In considering the properties fronting on NW 7tl1 Court, the requested amendment and rezoning will extend the commercial designation and zoning 50 feet farther into the residential neighborhood on the west side of the street than on the east side. It does not, however, extend the commercial zoning to the depth that the Office Commercial use extends to the west of the subject property. It should also be recognized that the 1992 action by the City Commission extended the commercial use of the property to the same depth now being requested; however, it did limit the buildable footprint of any structure by restricting the use of the 30 feet adjacent to the residential development to drainage and landscaping. c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changing conditions that make the proposed rezoning desirable; however, the opportunity to resolve the existing inconsistency between the future land use map and zoning map, does make it desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The approval of the land use amendment and rezoning will not add any development potential to property that does not exist today, therefore, there will be no additional impacts to the utility systems, roadways or other public facilities that have not been anticipated. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Adjacent uses fronting on Boynton Beach Boulevard include a medical office to the west and an attorneýs office to the east across NW 7tl1 Court. Flanking each of these uses are fast food restaurants with drive-through windows. The extension of the commercial development into the residential neighborhood could likely have a negative effect on the abutting single-family residences. f. Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning. For site planning purposes, it will be advantageous to the property owner to be relieved of the prohibition of using the north 30 feet for any purpose other than landscaping and drainage, Page 6 File Number: LUAR 04-011 Boynton Mango thus allowing a greater use of the property. In providing this relief, the City should consider requiring some protection for the abutting residential properties in the form of additional buffering and landscaping. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Given the fact that the parcel is very small, and already has been given C-2 Neighborhood Commercial use, addressing this criterion is immaterial. The amelioration of impacts of commercial development of this property on adjacent residential development will depend on the ultimate use of the property and can be controlled through careful site design. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are other sites in the city where Local Retail Commercial can be developed; however, the subject property alone does not meet the requirements for development, either for commercial or residential use. The two alternatives would be either to develop it with a commercial designation or add it to the existing residential lot to the north. CONCLUSIONS/RECOMMENDATIONS As indicated herein, potential impacts to the abutting single-family neighborhood should be mitigated by appropriate site improvements, recognizing that the subject property is not currently buildable as residential under today's code. Approval of the requests will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan. Therefore, staff recommends that the subject request be approved and request consideration of the following conditions to improve compatibility with adjacent development: 1. The buffer wall required between commercial and residential zoning districts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles; and 2. Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. If these or other conditions of approval are recommended by the Community Redevelopment Area Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS S:\PIannlng\SHARED\wp\PROJfCTS\Boyn\Dn Mango\STAfF REPORT NEW.doc LOCATION MAP Boynton Mango (LUAR 04-011) Low Den ty Density Z Residen I I ~\ Re idential ... ~ (I) Office ommercia Z . ~ . ..... ... ~ n L cal Retail Local Retail 0 Local Re;1I c Commercial ;¡. C mmercial Commer ial ( Boynton Beach Blvd Local Retail Z Loc I Retail . ~ Commercial . C mercial ..... ... :r en ... ; CD ... N o 37.5 75 150 225 30ß A - - eet Chapter 2 - ZONING EXHIBIT B Sec. 3. Regulations and map A. OFFICIAL ZONING MAP 5. Rules for interpretation of district boundaries. g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use of land, the extension of either portion may be permitted as an exception beyond a district line to a determined extent or into the remaining portion of a lot upon approval by the planning and development board and the City Commission. EXHIBIT "C" Conditions of Approval Project name: Boynton Mango File number: LUAR 04-011 Reference: I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING The buffer wall required between commercial and residential zoning districts X shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles Any structure placed on the property shall be located as close to Boynton X Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\Planning Templates\Condition of Approval 2 page revised 2003 form.doc . I . 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FORAPARCELOWNEDBYBOYNTON~MNGO 8 LLC. AND LOCATED AT THE NORTHWEST 9 CORNER OF BOYNTON BEACH BOULEV ARD 10 AND NORTHWEST 7TH COURT; CHANGING 11 THE LAND USE DESIGNATION FROM LOW 12 DENSITY RESIDENTIAL TO LOCAL RETAIL 13 COMMERCIAL; PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 19 Government Comprehensive Planning Act; and 20 \VHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 22 and 23 WHEREAS, after public hearing and study, the City Commission deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and 29 incorporated herein by this reference. 30 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\Boynton Mango.doc I i 1 following: 2 That the Future Land Use of the following described land located at the 3 Northwest comer of Boynton Beach Boulevard and Northwest ih Court in Boynton 4 Beach, Florida shall be changed from Low Density Residential and shall now be 5 designated as Local Retail Commercial (LRC): ì I i 6 THE SOUTH 50 FEET OF LOT 11, DEIERL PARK, I 7 according to the plat recorded in Plat Book 23, Page 236, I 8 recorded in public records of Palm Beach County, Florida; I 9 said land situate, lying and being in Palm Beach County, 10 Florida. I 11 12 I I Subject to easements, restrictions, reservation and rights of way of record. ! 13 I 14 15 ! ì 16 Section 3: That any maps adopted in accordance with the Future Land Use Element i I I I I 17 ofthe Future Land Use Plan shall be amended accordingly. I I I 18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby i 19 repealed. I 20 Section 5: Should any section or provision of this Ordinance or any portion thereof I 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect I I I the remainder of this Ordinance. I 22 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, 24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive i 25 Planning and Land Development Regulation Act. No party shall be vested of any right by I I 26 virtue of the adoption of this Ordinance until all statutory required review is complete and 27 all legal challenges, including appeals, are exhausted. In the event that the effective date is I I I 28 established by state law or special act, the provisions of state act shall control. I I S:\CA\Ordinances\Planning\Land ~se\Boyntor. Mar.go.d8C I I I ! i i · 1 2 FIRST READING this _ day of , 2004. 3 SECOND, FINAL READING and PASSAGE this _ day of , 4 2004. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 S:\CA\Ordinances\Planning\Land Use\Boynton Mango.doc , . , I II 1 I ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF BOYNYON MANGO LLC.,TO 6 REZONE A PARCEL OF LAND, Al\-fENDING 7 ORDINANCE 02-013 TO REZONE A PARCEL OF 8 LAND ON THE NORTH\VEST CORNER OF 9 BOYNTON BEACH BOULEVARD AND 10 NORTH\VEST 7TH COURT FROM SINGLE FAl\-IILY 11 RESIDENTIAL (R-I-A) TO NEIGHBORHOOD 12 COl\fMERCIAL (C-2); PROVIDING FOR 13 CONFLICTS, SEVERABILITY, AND AN 14 EFFECTIVE DATE. 15 16 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 18 said City; and 19 \VHEREAS, Boynton Mango, LLC., owner of the property located at the 20 Northwest comer of Boynton Beach Boulevard and Northwest ih Court in Boynton I 21 Beach, Florida, as more particularly described hereinafter, has heretofore filed a i I ! I Petition, through its agent, Maggie Barszewski, pursuant to Section 9 of Appendix I 22 I 23 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the I 24 purpose of rezoning a parcel of land, said land being more particularly described 25 hereinafter, from Single Family Residential (R-I-A) to Neighborhood Commercial 26 (C-2); and 27 WHEREAS, the City Commission conducted a public hearing and heard 28 testimony and received evidence which the Commission finds supports a rezoning I for the property hereinafter described; and I 29 I I I S:\CA \Ordinances\P1anning\Rezoning'Rezoning - Boynton Mango.doc I I I I I I I . I . 1 \VHEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the public hearing heretofore referenced; and 4 \VHEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter I set forth. 6 7 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 incorporated herein by this reference. 11 Section 2. The following described land, located at the Northwest 12 comer of Boynton Beach Boulevard and Northwest 7th Court in the City of Boynton 13 Beach, Florida, as set forth as follows: 14 THE SOUTH 50 FEET OF LOT 11, DEIERL PARK, 15 according to the plat recorded in Plat Book 23, Page 236, 16 recorded in the public records of Palm Beach County, 17 Florida; said land situate, lying and being in Palm Beach 18 County, Florida. 19 20 be and the same is hereby rezoned from Single Family Residential (R-I-A) to 21 Neighborhood Commercial (C-2). A location map is attached hereto as Exhibit "A" and 22 made a part of this Ordinance by reference. 23 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 24 accordingly. 25 Section 4. All ordinances or parts of ordinances in conflict herewith are 26 hereby repealed. 27 Section 5. Should any section or provision of this Ordinance or any portion S:\CA \Ordinances\PlanningìRezoning\Rezoning - Boynton Mango.doc I I ¡ I I I I thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 1 , i 2 not affect the remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 5 FIRST READING this _ day of ,2004. 6 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 I 21 I 22 Commissioner I 23 ATTEST: I 24 i I 25 26 City Clerk I 27 I 28 (Corporate Seal) I I I ! I S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Mango.doc I ! i VIII.-PUBLIC HEARING ITEM D CITY OF BOYNTON BEACH · AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 [8J October 4, 2004 (Noon) September 20,2004 D August I7, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 c> CJ D-t D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 200<tr --¡-< , if) -<0 rr1 ç") ., D D November 16, 2004 70 September 2 I, 2004 (Noon) September 7, 2004 (Noon) November I, 200~ c- I::J 'T~C) (J\ -:)-( -;~:Z ~ J)ëj D Administrative D Development Plans :x -¡- .- ~¡--- NATURE OF D Consent Agenda D New Business - .,o;J -fT1 AGENDA ITEM [8J [8J 01 CJþ Public Hearing Legal N ï-1o D D ::J: Bids Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Conunission Agenda under Public Hearing and Legal, Ordinance - First Reading. Both the Planning and Development and Community Redevelopment Agency Boards voted unanimously to approve this request. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-193. EXPLANATION: PROJECT: Car Rental (CDRV 04-006) AGENT: Michael A. Rodriguez, Sachs, Sax & Klein LOCATION: Citywide DESCRIPTION: Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres. PROGRAM IMPACT: FISCAL IMPACT: i~ ALTERNATIVES: Develo City Manager's Signature ~/~) ~ ~ /1/ , lanning-and Zo~ irector Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-006 Car Ren r Rental CDRV 04-006 Public Hearing. I st reading IO-4-04.doc , S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04-079 i I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON I 4 BEACH, FLORIDA AlVIENDING THE LAND I 5 DEVELOPMENT REGULATIONS OF THE CITY OF I 6 BOYNTON BEACH, REVISING CHAPTER 1, 7 "GENERAL PROVISIONS, " ARTICLE II, 8 DEFINITIONS," TO PROVIDE FOR A DEFINITION 9 OF PASSENGER CAR RENTAL; REVISING 10 CHAPTER 2, "ZONING," SECTION 6 I 11 "COMMERCIAL DISTRICT REGULATIONS AND 12 USE PROVISIONS, " TO PROVIDE FOR THE 13 ADDITION OF CAR RENTAL BUSINESSES AS AN 14 ACCESSORY USE TO MINOR AUTOl\-IOTIVE 15 REPAIR USES ON SITES LARGER THAN 75 ACRES; 16 PROVIDING FOR CONFLICT, SEVERABILITY, I 17 CODIFICATION, AND AN EFFECTIVE DATE. 18 i 19 ! 20 \VHEREAS, staff has proposed amendments to the Land Development Regulations 21 intended to pennit car rental uses as an accessory use to automobile repair uses on sites I 22 larger than 75 acres and which are located in a Community Commercial (C-3) zoning I 23 district, subject to specified criteria and review as a conditional use; and 24 \VHEREAS, the City of BO)'11ton Beach Planning and Development Board and the 25 Community Redevelopment Agency Board recommend the approval of an ordinance 26 amending the C-3 District regulations to pennit passenger car rental as an accessory use to 27 auto repair on properties larger than 75 acres in size; and 28 WHEREAS, the City Commission, upon recommendation of staff, the Planning 29 and Development Board, and the Community Redevelopment Agency Board, does hereby 30 deem it to be appropriate and in the best interests of the residents of the City of Boynton 31 Beach to approve the amendments to the Code as hereinafter set forth. 32 33 S:\CA\Ordinances\LDR Changes\C-3 Uses.doc I ,~___x____ -_.-~..- _._._-~.-....~-..~.>-~---~ ,.- ~ - . ---,-- , 1 NO\V THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA: 3 4 Section 1. The foregoing "\VHEREAS" clauses are true and correct and hereby 5 ratified and confinned by the City Commission. 6 Section 2. Chapter 1, "General Provisions," Article II, "Definitions" of the Land 7 Development Regulations, Part III ofthe Code of Ordinances is amended as follows: 8 ARTICLE II. DEFINITIONS 9 The words, tenns and phrases herein shall be defined 10 as follows unless otherwise specified in this ordinance. The 11 word "shall" is mandatory, the word "should" is preferred and 12 the word "may" is pennissive. The singular shall include the 13 plural and the present tense shall include the future tense and 14 VIce versa. 15 ... 16 AUTOMOBILE RENTAL - see "Passenger Car Rental." 17 ... 18 PASSENGER CAR RENTAL - Establishments primarily 19 engaged in renting passenger new or old automobiles without 20 drivers on a short-tenn basis. The tenn "Passenger Car 21 Rental" excludes those establishments engaged in passenger 22 car retail leasing and taxi and limousine services. 23 24 . .. 25 26 27 Section 3. Chapter 2, "Zoning," Section 6, "Commercial district regulations and 28 use provisions" of the Land Development Regulations, Part III of the Code of Ordinances is 29 amended as follows: 30 Sec. 6. Commercial district regulations and use provisions. 31 ... 32 C. C-3 COMMUNITY COMMERCIAL DISTRICT. S:\CA \Ordinances\LDR Changes\C-3 Uses. doc 2 II I I i I I i i I 1 These district regulations are to encourage the development of i I 2 appropriate intensive retail commercial facilities providing a 3 wide range of goods and servIces, located centrally and I 4 accommodating three (3) or four (4) neighborhoods and located 5 to at least one major thoroughfare. 6 7 l. Uses permitted. Within any C-3 community 8 commercial district, no building, structure, land or water shall be 9 used except for one (I) or more of the following uses: 10 11 . .. 12 13 cc. Repair of motor vehicles or tire sales and 14 service, limited to minor repairs (see definitions "minor repairs"), 15 and including car washes as an accessory use, are as follows: 16 17 (I) This use is not permitted on sites 18 less than five (5) acres in size. 19 20 (2) On sites greater than five (5) acres 21 and less than seventy-five (75) acres, all such uses shall be 22 located in either a principal building of a shopping center or in a 23 subordinate stand-alone building and/or outparcel within a 24 commercial Master Plan, provided that the subordinate stand- 25 alone building and/or outparcel within a commercial Master Plan 26 is not located between the principal building and an adjoining 27 right-of-way or between the principal building and abutting 28 residentially zoned property. 29 I 30 (3) On sites greater than seventy-five I 31 (75) acres, all such uses will be allowed to be located in a 32 separate building in a shopping center. * Passenger Car Rental is 33 allowed as an accessory use within said building subiect to the 34 following additional conditions: 35 36 (i) The customer service area 37 shall be located within said building. 38 39 (ii) No more than twelve (12) 40 automobiles shall be stored on-site for the purpose of rentaL and 41 such automobiles shall be stored in marked stalls. 42 43 (iii) No fueling or re- fueling of 44 automobiles shall be permitted on-site 45 S:\CA \Ordinances\LDR Changes\C-3 Uses.doc 3 I .". ._=.~ <_,.~_,__",__o>o-""'.___æ_·~'_. --~ __ ..... 1'- c_>____ ._..,~-~...:..-_..._-- ." 1 For the purposes of this section, motor vehicles shan mean 2 only motorcycles, mopeds, passenger cars (a motor vehicle with motive 3 power, except a multipurpose passenger vehicle or motorcycle, designed for 4 carrying ten (10) persons or less), or multipurpose passenger vehicles (moor 5 vehicle with motive power designed to carry ten (10) persons of less which 6 is constructed either on a truck chassis or with special features for occasional 7 off-road operation). An repair and service of vehicles shall be done within 8 an enclosed building. 9 10 '" 11 12 Section 4. Conflicting Ordinances. 13 14 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to 15 the extent of such conflict. 16 Section 5. Severability. 17 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 18 unconstitutional by any court of competent jurisdiction, then said holding shall in no way 19 affect the validity of the remaining portions of this Ordinance. 20 Section 6. Inclusion in Code. 21 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, 22 Florida, that the provisions of this Ordinance shall become and be made a part of the CITY 23 OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may 24 be renumbered or relettered and the word "ordinance" may be changed to "section," 25 "article," or such other appropriate word or phrase in order to accomplish such intentions. 26 Section 7. Effective Date. 27 This Ordinance shall become effective immediately after adoption by the City 28 Commission. 29 S:\CA\Ordinances\LDR Changes\C-3 Uses.doc 4 i 1 2 FIRST READING this _ day of ,2004. 3 4 SECOND, FINAL READING AND PASSAGE this _ day of ,2004. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 ATTEST: 23 Commissioner 24 25 City Clerk 26 27 28 29 30 31 S:\CA \Ordinances\LDR Changes\C- 3 Uses. doc 5 .. ~>,,-,,~---<~--'_'--- .--,...;~-- '..~._,._- _ «."_k~. .- >_-.-~_.__o__·~ .. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-193 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnsont AICP rf Planner DATE: August 2, 2004 SUBJECT: Code Review - Car Rental (CDRV 04-006) To amend Chapter 2, Zoning, Section 6.C.1.cc.(3) to allow car rental as accessory to auto repair businesses on properties zoned Community Commercial (C-3) and greater than 75 acres In area NATURE OF REOUEST Mr. Michael A. Rodriguez, representative for Cendant Car Rental Group is requesting to amend Chapter 2, Zoning, Section 6.C.1.cc. (3) of the Land Development Regulations to allow car rental businesses as accessory uses to minor automotive repair In shopping centers that are greater than 75 acres. A car rental business, if proposed as an accessory use to a minor automotive repair business, would require conditional use review and approval. The revised code (underlined) Is proposed as follows: cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs''), and Including car washes as an accessory use, are as follows: (1) This use is not permitted on sites less than five (5) acres in size. (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located In either a principal building of a shopping center or in a subordinate stand-alone building and I or outparcel within a commercial Master Plant provided that the subordinate stand-alone building and I or outparcel within a commercial Master Plan Is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located In a separate building In a shopping center. Rental of new or used automobiles will be allowed as an accessory use within said building subject to the following conditions: (I) The customer service area shall be located within said building. (ii) No more than fifteen (15) automobiles shall be stored on-site for the purpose of rental. Said automobiles shall be stored In marked stalls. (iiI) No fuellno or re-fuellng of automobiles shall be permitted on-site. Page 2 CDRV 04-006 It should be noted that the subject request would only affect one property, namely the Boynton Beach Mall. No other property within the City Is 75 acres or larger and zoned Community Commercial (C-3). Cendant Car Rental Group seeks to locate their car rental business at the detached Sears Automotive service center at the Boynton Beach Mall. BACKGROUND The City's Occupational License section categorizes car rental facilities consistent with the North American Industry Classification System (1997), which was formerly the Standard Industrial Classification Manual (1987). According to the Occupational License section and the NAICS, there is only one category that is classified as Car Rental. The City Issues licenses for car rental business under the heading, "#532111 - Passenger Car Rental". According to the NAICS, this Industry comprises establishments primarily engaged In renting passenger cars without drivers, generally for short periods of times. It excludes the renting or leasing passenger cars with drivers, such as limousines, hearses, and taxis, which would all be categorized as #4853 - Taxi and Limousine Service. It also excludes retailing passenger cars through sales or lease agreements, and leasing passenger cars in combination with providing loans to buyers of such vehicles. ANALYSIS Passenger Car Rental establishments are currently allowed as conditional uses only in the General Commercial (C-4) zoning district. They are prohibited everywhere else in the city. The applicant did not provide any written justification for the code amendment to the C-3 zoning district. Existina businesses and q»nditional uses The City currently has one (1) business (Enterprise Rent-A-Car) licensed for car rental. This business is located at 1009 North Federal Highway and zoned General Commercial (C-4). As previously mentioned, car rental businesses are categorized as "Passenger Car Rental" by the NAICS and the Occupational license section. However, according to Chapter 2, Section 6.0. ·of the Land Development Regulations, a car rental facility Is allowed but only in the C-4 zoning district under the following heading: "Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks". Furthermore, conditional use review and approval is required. 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 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 evaluating conditional uses. On August 5, 1997, the City Commission granted Enterprise Rent-A-Car (COUS 97-001) for conditional use. Also, the business was required to obtain an Environmental Review Permit. Environmental Review Permit #01-025 was Issued to Enterprise Rent-A-Center on September 13, 2001. However, the Environmental Review process has since been eliminated and replaced with the Toxic Substance Permit process, which Is overseen by the Are Department. It seems unlikely that the proposed car rental facility at Boynton Beach Mall would require a Toxic Substance Permit. The permit's applicability would ultimately be determined when an Occupational License Is requested. ---_..'~..-......."..--"-'....._--~--~ - . ~ ___ _......~'_r - .. -. .L-__~_~___ " Page 3 CDRV 04-006 General characteristics of C-4 zoned ørooertv Generally, heavy automobile and commercial uses are separated from commercial nodes and public view. Currently, Passenger Car Rental establishments are therefore, allowed as conditional uses but only in the C-4 zoning district. It must be noted that It Is atypical to have a C-4 zoned property located along a major arterial; however, the Enterprise Rent-A-Car site Is an exception. The general intent and purpose of the C-4 zoning district Is to provide adequate space for more Intense commercial uses. Therefore, the "sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks" are relegated to those aforementioned areas that are heavy commercial In nature. Accordingly, the intention Is to separate these sites from less-Intense commercial activity and residential neighborhoods by virtue of the zoning district within which they are allowed. Staff has acknowledged that historically, many properties In the C-4 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 comparative parking requirements, Chapter 2, Section 11. H., provision of off-street parking spaces, Section16.(f)(1) requires for Industrial, research and development, trades, wholesale, and warehouses: 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. Subsection 16.(f)(6) requires one (1) parkIng space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. However, according to Subsection 16.(d)(24) automotive paint and body shops are required one (1) parking space for evety 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 standarclparklng space, between an overhead bay door and an Interior spray booth. However, in no case shall less than four (4) outsIde parking spaces be provided. Furthermore, Chapter 2, Section 16.(f)( 4), Including retail gasoline sales, retail automotive parts and I or accessories sales, and automotive repairs, Including major repairs, but excluding automotive paint and body shops are required one (1) parking space per two hundred (200) square feet of gross floor area. The problem arises in situations when the auto-Intensive use becomes busler, 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, these older, heavy commercial and Industrial sites are typically hidden and unseen from the major arterials. Also, auto-Intensive uses generally require large amounts of parking spaces. For example, a car dealership Is basically just one large parking lot. Future imølications It was previously mentioned that the subject code amendment would only affect one (1) property within the entire City of Boynton Beach. This property Is the Boynton Beach Mall. The applicant wants to operate a car rental business within a kiosk inside the Sears Automotive Center. The kiosk would mostly likely require building permits for Interior renovations. No other property within the city Is zoned C-3 and exceeds 75 acres. Therefore, this proposed amendment would currently have no Impact on any property within the Community Redevelopment Area. The Boynton Beach Maills a development of regional Impact (DRI). The original DRI development order (D.O. R74-343) was adopted by Palm Beach County on May 7,1974 and then later by the Oty of Boynton Beach per Ordinance No. 82-38 on November 16, 1982, when annexed Into the city. The automotive service use was shown on the overall DRI master plan for the mall and was the subject of Page 4 CDRV 04-006 a special exception granted on September 12, 1978 by Palm Beach County Resolution No. R78-1132. The Sears' Automotive service use was accommodated under the original DR! because of the un built but approved third story of the Macy's Department store. On January 3, 1995, the Oty Commission approved Sears' conditional use I new sìte plan request (COUS 94-006) to construct a 21,694 square foot automotive service center and associated parking and landscaping. The approved site plan showed that the operation required 87 parking spaces but provided 99 parking spaces, or a net surpius of 12 parking spaces. Normally, when staff reviews for a code amendment, staff considers the potential Impact citywide. However, this amendment would only impact one property so therefore, it seems logical to micro-manage and review on site-specific basis. The Sears' Automotive service center site could accommodate the applicant's request but only within the surplus of 12 parking spaces. Without site modifications, the site, and request Is therefore limited to 12 spaces rather than the requested 15 rental vehicles. RECOMMENDATION Based on this analysis, staff recommends approval of the applicant's request to amend the code to allow the rental of new or used automobiles as an accessory use (and conditional use) on those sites greater than 75 acres. However, staff Is recommending approval contingent upon the following text change reducing the number of stored automobiles to coincide with site capacity (from 15 vehicles to 12 vehicles), and the addition of definitions, which would help to clarify said use: (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. Rental of new or used automobiles will be allowed as an accessory use within said building subject to the following conditions: (I) The customer service area shall be located within said buildina. (ii) No more than fifteen (2) automobiles shall be stored on-site for the purpose of rental. Said automobiles shall be stored in marked stalls. (iii) No fuelina or re-fuelfng of automobiles shall be permitted on-site. Staff further recommends amending the Chapter 1, Article II. Definitions of the Land Development Regulations to further clarify and safeguard against allowing any uses that are deemed undesirable to the City at-large. The amended language is as follows: Automobile Rental - see Passenger Car Rental Passenger Car Rental - Establishments Drimarily engaged in rentina passenger cars without drivers, generally for short Deriods of time. This excludes those establishments Drimarily engaged in passenqer car leasing and taxi and limousine services. The amended language would allow passenger car rental establishments as conditional uses in subordinate buildings of shopping centers of greater than 75 acres and zoned C-3. The language proposed by staff recognizes the market demands; while at the same time preserving the performance and design of the Sears' Automotive service center. By Initiating the conditional use requirement, the Sears' Automotive service center can be further reviewed for optimum layout, buffering, and operation in order to maximize compatibility with the surrounding area. Staff opins that the request is justified by the logical relationship between car repair and car rental, and by the fact that the city currently only has one (1) licensed car rental business. Staff also , ,>.. __._____-~"'-<___T. .- "---,,-"-~.. +"- . ._~~.".____ _~-~-______ _~~___c~~_____,.~_"""~_·,--' · Page 5 CDRV 04-006 endorses the request given the limitations against the possible proliferation and Impact on commercial corridors, and since the subject site already has the parking space capacity to support this accessory use. Furthermore, all future businesses would have to satisfactorily meet the standards for evaluating conditional uses. Each application would be reviewed on a case-by-case basis, subject to advisory Board and City Commission approval. MR/elj S:\Plannlng\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-006 Car Rental\Staff Report.doc XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 ~ October 4, 2004 (Noon) September 20, 2004 o August ]7,2004 (Noon) August 2,2004 D October ]9,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October] 8,2004 ~ September 2] , 2004 (Noon) September 7, 2004 D November] 6, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Conunission Agenda under Legal, Ordinance - Second Reading which was tabled at the September 2 I S! meeting to coincide with the current legal notice. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-201. EXPLANATION: PROJECT: Quantum Park NOPC #14 (DRIA 04-001) AGENT: Eugene Gerlica, Quantum Group of Companies OWNER: MFT Development, Inc. LOCATION: West side ofInterstate 1-95, between Miner Road and the Boynton (C-16) Canal DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) to create the new land use option "Industrial \'lith Retail Sales" (IndJR), to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional". PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A . . , ¡ ORDINANCE NO. 04- oï7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-51, AS SUBSEQUENTLY A1vlENDED, OF THE CITY OF BOYNTON BEACH BY ADOPTING AN A1'vlENDMENT TO THE QUANTUM PARK DEVELOPMENT OF REGIONAL IMPACT, KNOWN AS THE QUANTIDvl PARK DRJ DEVELOPMENT ORDER, BY MODIFYING THE MASTER PLAN LAND USE DESIGNATIONS FOR LOTS 17,21, 50A, AND 52 FROM OFFICE/INDUSTRIAL (01) TO OFFICEIINDUSTRIAL (01) AND INDUSTRIAL WITH RETAIL SALES (IND/R), AND BY MODIFYING THE MASTER PLAN LAND USE DESIGNATIONS FOR LOTS 81 AND 82 FROM OFFICE/INDUSTRIAL/COMMERCIAL (OIC) TO GOVERNMENTAL & INSTITUTIONAL (G&I); PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built- out Development of Regional hnpact ("DRI") comprised of 553.13 acres, zoned Planned Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner Road extended south to the Boynton C-16 Canal; and WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order, adopted by the City Commission of the City of Boynton Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by Ordinance Nos. 86-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05,00-02,01-54, and 02-54; and \VHEREAS, the proposed Amendment, referred to as Amendment #14 proposed amending the existing use designations on several lots in the Master Plan for Quantum Park, including the creation of a new designation called Industrial with Retail Sales ("IND/R") on the real property located in Palm Beach County, Florida, and more particularly described in the attached Exhibit "A"; and H:\900J &2.bb\ord\DRl Amd - NOPCJ4.doc Page I ,_ .>-___~...~_..._;o____""_- ---~,-"'-, -....,.-.-._--,,~ - ~ . ..__ _~._o_____,__......""'~_~_~ -.- _ ___ ~ __. _ _~-c___~.>", .~~.--~ __ <-- ..~_ WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the Treasure Coast Regional Planning Council ("TCRPC"), and the City; and, 'VHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider NOPCs; and 'VHEREAS, the public notice requirements of Section I 66.04 I, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Department of Community Affairs and the TCRPC; and WHEREAS, this City Commission has on September 2 I, 2004 and on October 5, 2004, held a duly noticed public hearing on the Application and has heard and considered the testimony taken thereat; and 'VHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC and pursuant to the procedures of Section 380.06, Florida Statutes has detennined that the roposed changes will not create additional regional impacts; and WHEREAS, this City Commission has received and considered the report and ecommendations of the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT CONCLUSIONS OF LA W with regard to the MFT Development, Inc. application for amendment to the Quantum Park DRl Development Order; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: :\9001 82.bb\ord\DRI Amd - NOPCI4.doc Page 2 Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. That the City Commission of the City of Boynton Beach, Florida makes the fonowing findings of fact regarding the Notice of Proposed Change submitted by MFT Development, Inc., the "Master Developer" related to the an amendment to the Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84- 51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54, and 02-54; and FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not umeasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact Order (DRI) Development Order win be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are, or win be, consistent with the local land development regulations, subject to conditions outlined herein and Part ill, Land Development Regulations of the City of the Boynton Beach Code of Ordinances; and H:\900182.bb\ord\DRI Amd - NOPCI4.doc Page 3 -. .- .....-- ~~_~n. ..""____~_-._'__._.~, 0___ _~~__,...-.--~~~'" .~~.oe._~~"_-- .. #-o-'''<o~= o_'c~_='''''''' "'.-'-t!,.,.-. I D. The proposed development win be consistent with the submitted and reviewed by the Treasure Coast Regional Planning Council pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW It is hereby detennined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 5th day of October, 2004, that the Notice of Proposed Change to the Quantum Park Development of Regional Impact submitted by the Master Developer is hereby ordered Approved, subject to the provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "B", and incorporated herein by reference. 1. That this amended DR! Development Order shan constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Quantum Park DR! filed by the Master Developer. 2. That the definitions found in Chapter 380, Florida Statutes shaH apply to this amended DRI Development Order. 3. That the Development Order shall be amended to modify the Master Plan designation of certain lots subject to the Quantum Park DR! Development Order, as foHows: The Master Plan designation of Lots 17, 2 I, 50A, and 52 is changed fiom Office/Industrial (01) land use to Office/Industrial (01) and Industrial with Retail Sales (IND/R). The Master Plan designation of Lots 81 and 82 is changed ffom a Office/Industria1JCommercial (OIC) land use to Governmental & Institutional (G&I). H:\900182.bb\onl\DRI Amd - NOPCl4.doc Page 4 4. That this amended DRI Development Order shall be binding upon the Master Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DRl Development Order. 5. That in any event that any portion of section of this amended DRl Development Order is detennined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DRl Development Order, which shaH remain in full force and effect. 6. That the approval granted by this amended DRl Development Order is conditional. Such approval shall not be construed to obviate the duty of the Master Developer to comply with all other applicable local or state pennitting procedures. 7. The amendments proposed by the Master Developer do not create any additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 8. Actual development phasing wi11 depend upon economic circumstances and Master Developer's internal business growth. Any proposed development described in the Notice of Proposed Change are for planning purposes only and the actual development schedule may vary thererrom. 9. The amended DRI Development Order set forth in Section I hereof shall become effective upon adoption of the ordinance amending the land use designations for :\9001 82.bb\OTd\DRI Amd - NOPCI4.doc Page 5 ,~.,_.""~."""",,, ~..-. ....' . ·L~. .,_ 0; ..-........-'____. n"__""_·_-~-""'-_~_o--""""'~ _ _._. . -. ~-'____._~-~'. .-""'~-.-'-- ---k certain Lots designated in the Master Plan, provided such date shaH be extended until completion of appe]]ate procedures, if any, relating to the issuance of this amended DRJ Development Order. 10. Copies of this Ordinance incorporating the amended DRJ Development Order amending the land use designation of the subject property to Development of Regional Impact shall be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council, and the Master Developer. I I. Except as otherwise amended herein, the Development Order shan remain in fu]] force and effect. Section 3. Except as provided herein, the Master Developer shall proceed in strict accordance with a]] ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and a]] rules and regulations ofthe State of Florida Department of Environmental Protection. Section 4. That should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shan not affect the remainder of this Ordinance. Section 5. An ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. This ordinance shan become effective immediately upon its passage. H:\900182.bb\ord\DRI Arnd - NOPCI4.doc Page 6 FIRST READING this ~ day of Sef)TelY\ beí , 2004. SECOND READING and FINAL PASSAGE this _ day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk H:\900J 82.bb\ord\DRJ Amd - NOPCJ4.doc Page 7 ,,"""'---- ,...·õ __~". . - .~,~,._--~-.~..~_..--_._~~,- - -. .--.~-- ,- -- - ~ -~-..........-.-~_. ._~---. - . ~ -,- __~__-.-'--~ _.,_ __¥~ A~ _ _ ~. DEPARTMENT OF DEVELOPMENT MEMORANDUM NQ. PZ 04-201 TO: Chair and Members Planning and Development Board THROUGH: Michael Rumpf ~\) 1..:- Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 11, 2004 SUBJECT: Quantum Park - DRIA 04-001/MPMD 04-005 Master Plan Amendment #14 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit MA" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Öuantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 12 times by Ordinance Nos. 86-11, 86-37, 88-3,94-10,94-51,96-33,96-65,97-20,99-05,00-02, 01-54 and 02-54. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #14 proposes amending the existing use designations on several lots in the Master Plan, including creation of a new MIND/R" (Industrial with Retail Sales) designation. All requested changes are depicted in Exhibit "c" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 17, 21, 50A and 52 from Officellndustrial (01) land use to Office/Industrial and Industrial with Retail Sales (01 & IND/R). The proposed designation includes office and industrial uses as before, with the addition of retail sales associated with an allowable industrial use; and 2) Change in the Master Plan designation of Lots 81 and 82 from a land use of Officellndustrial/Commercial (OIC) to Govemmental & Institutional (G & I). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) In accordance with the statutory requirements. The NOPC Is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on October 15, 2002. The proposed Amendment #14 alters the approved land uses for that Master Plan. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on August 10,2004. ANALYSIS Notice of Proposed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the criteria applies to the proposed changes for Quantum Park DR/. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". 4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within a authorized multiuse development of regional Impact which was originally approved with more than three uses specified In 380.0651(3){c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Amendment #14 Involves changes to four land use categories: OfflœllndustriaJlCommercial, Offtcellndustrial, Governmental & Institutional and the creation of Industrial with Retail Sales (lNDIR). There Is a loss of OfficellndustriaVCommercial (OlC) acreage, but the allowable square footage thresholds would not change on the Master Plan. Simultaneously, there Is an Increase In the Governmental & Institutional (G & I) acreage. These changes are reflected in the "Notes" section on the Master Plan. The proposed 2 'n _~__~.___._~_ . -~--y"~_.~--~ ~-"....--~,-,..... -'- . r"l' -","..-,~ ._~ Quantum Park - DRIA 04-û01/MPMD 04-005 Memorandum No. PZ 04-201 increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #14 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #3 regarding Palm Beach County Traffic Peñormance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There are two (2) major changes proposed. The applicant provided the following descriptive summary of these changes. lots 17.21. 50A and 52 (10.85 Acres) These lots were previously designated as Officelindustrial (01) land Use. The land Use would be revised to "Office/Industrial and Industrial with Retail Sales (01 & IND/R)". lots 81 and 82 (9.39 Acres) These lots are currently designated as Office/lndustriaVCommercial (OIC) land Use. The land Use would be revised to "Governmental & Institutional (G & I)". Table 1 provides the proposed acreage changes to the DRI Master Plan. TABLE 1: DRI MASTER PLAN LAND USE ACREAGE CHANGES 79.82 0.00 55.90 9.39 All other categories on the Land Use Acreage Table remain the same as approved in Amendment #13. The Quantum Park DRI acreage total of 553.13 also remains unchanged. The Quantum Park DRI has been amended 12 times over the years, which Is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "7here are a variety of reasons Why a developer may 3 Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 wish to propose changes to an approved development of regional impact, including changed market conditions". These proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Impacts Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has not completed their review at this time. The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional Issues exclusively. Staff has not yet received a formal written response from DCA, however TCRPC has responded that the proposed changes will not create additional regional impacts. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. There were no significant local issues Identified by the TRC members at this time. The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain· within the limits for which the DRI is vested. Turning movements and signalization Issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. 4 ,- ~-.... ~ ---,.--~_. ___._,_0-_____. .___-____....-_..__;--..._~..._,.___t...-~~..~ -. _.->_. "'.- I!I. ... _~....mo..-;.~·-~ Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 Consistency and Compatibility with City Policies Of the changes proposed by the applicant, none present issues that are contrary to city policies. The proposed changes are discussed below. Lots 17. 21. 50A and 52 - Lots 17, 21 and 52 are all vacant parcels on Gateway Boulevard between Quantum Boulevard and the LWDD E-4 Canal. Lot 50A is located on High Ridge Road, south of Gateway Boulevard. Lots 17, 21, and 52 are situated between groupings of properties designated as Mixed Use and/or Commercial. The addition of retail sales in conjunction with recognized industrial businesses would appear to be highly compatible. Lot 50A is a vacant parcel, six (6) lots south of CarMax on High Ridge Road, south of Gateway Boulevard, intermingled with a number of parcels designated Office/lndustrial (01). The proposed revision to include retail sales as a part of an industrial operation would appear to be compatible with the surrounding Industrial businesses, which may already have a wholesale component, and office type businesses. There appears to be no downside to the proposed change on these lots and the new designation should improve the marketability of these parcels, ultimately leading to construction on the properties and introduction of new business to Boynton Beach. Lots 81 and 82 - The second part of the requested amendment is to change the designation of vacant lots 81 and 82, located at the southeast corner of Gateway Boulevard and High Ridge Road, from Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). As the City of Boynton Beach has purchased the two lots totaling 9.39 acres for future City use, including possible construction of a Fire Administration Building along with a fire station for the northeast section of the City, the Governmental & Institutional (G & I) designation is totally appropriate. Conclusion As indicated herein, the impacts of the proposed DRI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. The proposed amendments are consistent with City policies and appear compatible with surrounding land uses. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Therefore, staff recommends approval of ORIA 04-001 subject to the Conditions of Approval attached In Exhibit -0". Regarding the proposed modmcations to the Quantum Park Master Plan staff recommends approval of designating Lots 17, 21, 50A and 52, Office/Industrial and Industrial with Retail Sales (01 & INOIR) and designating Lots 81 and 82, Governmental & Institutional (G & I), subject to the Conditions of Approval attached in Exhibit *0". S:\PlANNING\SHAREO\WPIPROJECTS\QUANTUM PARK 2004 AMEND 1J14+ MPMDlDRIA 04-001\STAFF REPORT 1J14.DOC 5 . . ~\.~-'~ ~ ... . .... - . ~ . .' . ,.:- ··~~i 1&~}^~~~" N··, .·'Mh.' ; _EX~.'~'iI.'-A·' , .' , ,. . W'r.\I,', ' >i, ",' n, Un"" .. . :œ ~~.~ ....... ..._......~::... --.:~, ~ . ":. ~ '.: : . ~<:'. ,....'....~-. ~~-- ~~~, - :, ,'ti! -,. TO· Mo. l· ··iÄ~·~·,·' .,.-. - ,.l. " .-~, '..-..ie"' If .1:::......-,. - "'R FIt(' .;;,.:.'. ...~-.': ,..';".'-" _. ' ~_~'~n< . . -' :--.- . . - --- ....--,--- . -, . . . .. . . _ ."o, ' '." 'i;¡¡i , .,' " . -'. . . = " ~l fa· 'Ii .. 'LL~ T" . 7( I·, " ,: r '~ ^ . 41 0 C" ,,:al~ .. NOT .- ' '"" w " J: t¡ , I IN· - .' ~ ~I I'i'M _ _..' ..' .... " 1--. . ~"~;J""'J.- ;=; 'ÇI ,_.' I:. T -' ~ 1.!:7 H) iIMJ' nd ~ ~ T '-' · -, --..:; \if;;'-+ T .. '- ~ /\ .. '." - -T' I!II... T ' . ~~ . ,I,. I .~ ~, f"~,o ~' 7); II ....." ft. ~ . . ' I, · ,ru~ lC' -. ' 'I e·· I . _ _ _....,. IVT 1" I, ..... ' ,,' ~. '" ro . " , -' .....1. . . . I "~ l' ' . . ~'I' - - , . .' ... .-...:;g,; [I -.., . I --1 '., ..- . '!o'Io<'~ f ~ ~ ~ . . . " . j . ~iol ~.' _. . .. .J . k I. I . ~~ · . ....::. . ......,. '~. þI1. ~ . ~ f - -- , .'.. . - &1 ~ ~ 'c... - .' / ~ , . - . ,........... I ; . ..Ill 7, .' f ~ t . ;;:: ~, V It< f- ~.n~\ 4P.~,. ".' J. ~bvNT)" £.:.J-.....¡.. J :::: . , _~.. H"- _ ' ¡~ __ ¡.K DF CDMMER' . ~ -t ~ w. · . .-.... ~ PI~ ~I -~. UANTUM PARK) 7,· , - . "MOTaROi/ / I· ' , .~. ... .. :.---.' . '" '! s . . 1, . n ' J . !..;'. " . 1 ~ I ., ~' ¡¡¡;; . .'. . . " .' \ \. .' . _ ..' .' PIJ . . , ". -.. ~. .. . .' . . .' ~" _ .' u oin"r' . -, '. r . I . .' ';. II II' E ,.., '-I ~ -. _ . ' 1AT'" .. . . ,~,' ~r L ~ . :"" 'LI E I ... ..... . !1I.fT \ ~~"~1 .' ,~., 1: ~ . . ~Qi!!!!! ,:0 1/8 MIlE5V ' .'~ _ _~ _ \11' ----- --- .-----.-----. ----- ._~---- --EXHIBIT "B" ~\Ai - : 1 ~ :. I ! .: I .. . I !II.· 11111111111 ,. . w r¡ ;J. _4 I'll i· ~iUn~2!~J:. i . . . . .. t: . -; I·· !j III J I·· I Inn 1 . II·· . I I hltillf -. r I .. .. I Ei li:o'1IU~- li:o.mh. g~d ~ ,. lia L ,... i I ~ .... , .!.~ " ._ t IS ' ~ =". . » sa. jl Ii I ! I g§ ~ I ~2! I .e I g! I ·t f :.;- .J ·t i'd . I ;¡; I :Ji¡¡ I z I I 11 ill I t I .. I I I I I I I I I I I I ." ; _ i I I I I --~ I I I ~ I I , ¡ I I ! . ~_...:._--_...:_~~.:....~------ . I .1 .1. . ·i . -------- .. . --m d i I iil . . ~ . . . ., 3f1IB'IY SSMHOO . . . - - .;¡¡ I·L~· i·· : ~; II .~ I" ~ II & . " I . 'I IIII I , . 1'1 J Ii lill I ~~J~I , f Illl~H' ¡ . '·1 ' 'II ¡I,m,.' . ·M! } "~~~~, : ........ ..,"'.. .........*~~ EXHIBIT "C" . ~W'. Is : . ~ ". I III . t. 'i ! IIIIIIIIIU 1 1 ~ -. r · IIIIIQlIII i I. ~ !J III dllli ¡! qrm I r I hi:o e8n~ h L:oaØJ.bl un ø I ~d( .. . ~I'II ~ ... ~ i I ~ ~ ,-------- . :: I ~ I l g§ ~ 1 filll~ 1 {g R!. 1 .. I .¡ ! ~WI! :.1- .¡ .¡ .. ;~I! I :\ I I ! ~lli I I I II J I I .. - I :&1 1 I \.'1«10 £-4 CAII~ I I I I I I ... =:....... - I I I ~ i I - I ~------------------ --------------itI hd~ - 3I1IG\V~- 'II Î III . !i Iii I II~·..I 'III~I ¡hi I 1..1' II~tl ... ~ I I!I~!~! ~~--- ~-....~ --,,- -~..~".,,,.---~-._~."--- -<- ---. - -- --~~_. -~_.~-. -~~-~"--.. - EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/ Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a Julv 7, 2004 PlannmlZ & ZoninlZ date starn markinlZ. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The applicants will be subject to all applicable rules and regulations of all X governinlZ alZenCÌes as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 380.06 (l9)(e) S.a. and (19)(e) S.C. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 3. Provide notice of concUITency (Traffic Performance Standards Review) X ITom Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be detennined. S:\Planning\SHARED\ WP\PROJECTS\Quantum Park Amendment #14 + MPMD\COA.doc ~- ,... ,--~--- -- ....-"'."'-~-.,.....-~. . ·.,.............<·..,.._....-.........---'..>-·.·--~I~ - - -~ ..... ~- ---. XII. - LEGAL ITEM A.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 f/J. October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18, 2004 ~~ September 21,2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November 1,2004 o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing I2J Legal ~ o ("")-i o Bids 0 UnfInished Business ;. ---1-< C -~o o Announcement 0 Presentation G') C.> ... 'CD o City Manager's Report ~ ':;; 0 :;'r-< -':;z ::Þa r ñ ---1 :1: ~o RECOMMENDATION: Move to approve enclosed Ordinance. (Exhibit "A") = ~:z .. ... co EXPLANATION: Current Code requires property owners to maintain trees at a minimum of 10 feet abo&n ~~ adjacent swale, public right-of-way, alley or street. The enclosed amendment will raise the minimum height to 14 ~t over roadways while maintaining the 10 feet clearance over sidewalks. This will allow larger equipment and vehicles such as Fire apparatus and Sanitation equipment to pass safely along our streets. The Fire Department and Public 'Works confirmed this is the height necessary to allow their vehicles to avoid probJems with overhanging vegetation. PROGRAM IMPACT: Staff projects a slight increase in Code Compliance cases generated to enforce this amendment, but anticipate a leveling out once citizens hecome aware of tbe change. FISCAL IMPACT: Reduction in repair expenses on City operated equipment and reduced exposure to litigation arising from incidents involving pedestrian and vebicular traffic on City roadways. AL TERNATIVES, ~~~~e amendment or keep the enrrent ordlna~ /.,/". ¿~ _/ i . // /7¿;/'~~-----' . , ~ Í>epartment Head's Signature . 1 kfanager's Signature Department Name City Attorney / Finance / Hmnan Resources S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] the growth of a tree growing in the adjacent swale, right-of-way or a]]ey or any 2 part thereof to extend over a street or sidewalk below a height of ten (10') or 3 the roots thereof to break or raise up the contiguous street or sidewalk, or a]]ow 4 a tree or any part thereof to extend over a road, street or right-of-way below a 5 height of fourteen (14) feet. 6 *** . 7 8 Section 3. Each and every other provision of Chapter 15, Code of Ordinances not 9 herein specifica]]y amended, sha]] remain in fun force and effect as origina]]y adopted. 10 Section 4. An laws and ordinances applying to the City of Boynton Beach in 11 conflict with any provisions of this ordinance are hereby repealed. 12 Section 5. Should any section or provision of this Ordinance or any portion 13 thereof be declared by a court of competent jurisdiction to be invalid, such decision sha]] not 14 affect the remainder of this Ordinance. 15 Section 6. Authority is hereby given to codify this Ordinance. 16 Section 7. This Ordinance shan become effective immediately. 17 FIRST READING this _ day of , 2004. 18 SECOND, FINAL READING AND PASSAGE this day of 19 ,2004. 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 23 Mayor 24 25 26 Vice Mayor 27 28 29 Commissioner 30 31 32 Commissioner 33 34 35 Commissioner 36 ATTEST: 37 38 39 City Clerk 40 4] S:\CA\Ordinances\Tree Height (ROW).doc , ~- _..~ ----. --_--..-------~.-- ., - .-,._-~_..__.-. -- < . ____-A_·_·~.....E~·~-...~~~~~·-Ho,.__~· ~~_. _ _ __,. --. ~~-"'>. - . 1 ORDINANCE NO. 04- Oì B 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 15 OF THE CODE OF 5 ORDINANCES ENTITLED "OFFENSES-MICELLANEOUS» 6 ARTICLE IV, COMMUNITY APPEARANCE AND 7 MAINTENANCE, SECTION 15-120, PROVIDING FOR 8 CONFLICTS, SEVERI\B1LITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 II \VHEREAS, upon recommendation of staff, the Commission has determined that in 12 order to provide for proper clearance for City emergency vehicles and garbage disposal 13 equipment that it is necessary to increase the required clearance above streets, roads and 14 right-of-ways to fourteen feet (14'). 15 \VHEREAS, the City Commission deems it appropriate and in the best interests of 16 the citizens and residents of the City of Boynton Beach, to amend the City's Code of 17 Ordinances to provide for the increase in the clearance height. 18 NO\V THEREFORE, BE IT ORDAINED BY THE CITY COM1\nSSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clause is true and correct and is now ratified and 21 confirmed by the City Commission. 22 Section 2. That Chapter 15, Article IX, Section 15-120, "Minimum Standards for 23 appearance and maintenance of public property and private property", of the City of Boynton 24 Beach Code of Ordinances be, and the same is hereby amended by adding the words and 25 figures in underlined type and by deleting the words and figures in struck-through type, as 26 follows: 27 Sec. 15-120. Minimum standards for appearance and maintenance of public I 28 property and private property. 29 30 (a) Streets and sidewalks. The owner(s) of all real property within the city 31 abutting a public or private street or sidewalk shall not permit~ and it shall be I 32 unlawful to permit the growth of grass, weeds, or other flora into or over such 33 street or sidewalk, and such owner(s) shall not allow a tree(s) or any part 34 thereof to extend over sidewalks below a height of ten (10') feet or the roots of 35 a tree to break or raise up such street or sidewalk, or allow a tree or any part 36 thereof to extend over a road, street or right-of-way below a height of fourteen 37 (14) feet. 38 39 (b) Swales, rights-of-way and alleys. 40 41 (c) The owner(s) of aU real property within the city abutting a public or private 42 swale, right-of-way or alley shall not permit~ and it shall be unlawful to permit I S:\CA \Ordinances\Tree Height (ROW).doc , ] the growth of a tree growing in the adjacent swale, right-of-way or aney or any 2 part thereof to extend over a street or sidewalk below a height of ten (10') or 3 the roots thereof to break or raise up the contiguous street or sidewalk, or anow 4 a tree or any part thereof to extend over a road, street or right-of-way below a 5 height of fourteen (14) feet. 6 * * * 7 8 Section 3. Each and every other provision of Chapter 15, Code of Ordinances not 9 herein specificany amended, shan remain in fun force and effect as originaHy adopted. 10 Section 4. An laws and ordinances applying to the City of Boynton Beach in ]] conflict with any provisions ofthis ordinance are hereby repealed. ]2 Section 5. Should any section or provision of this Ordinance or any portion J3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shan not 14 affect the remainder of this Ordinance. ]5 Section 6. Authority is hereby given to codifY this Ordinance. ]6 Section 7. This Ordinance shan become effective immediately. 17 FIRST READING this ~ day of SepreM\o~í , 2004. 18 SECOND, FINAL READING AND PASSAGE this day of ~ ]9 ,2004. 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 23 Mayor 24 25 26 Vice Mayor 27 28 29 Commissioner 30 3] 32 Commissioner 33 34 35 Commissioner 36 ATTEST: 37 38 39 City Clerk 40 41 S:\CA \Ordinances\Tree Height (ROW).doc - . .....-_,_. -1- 1 ................,--. >_'__k·_"· ,.-__ ,~~._----'-·~__~k· XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 [8J October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 2 I, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this request under Public Hearing on September 21, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (ANEX 04-004) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request for annexation of a O.72-acre partially developed lot located in un incorporated Palm Beach County. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ~ ALTERNATIVES: N/A 2 ~ ~ M"",,&'Ù Signa..., Planning and Zo . g Director . ttomey/ Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\ANEX 04-004\Agenda Item Request Edward Med. Office ANEX 04-004 I st reading 10-4- 04.doc S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM.DOC I f 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 0.72 ACRE PARCEL 5 OF LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND THAT 7 WILL, UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDITION TO THE CITY 9 TERRITORY; PROVIDING THAT THE PROPER I 10 LAND USE DESIGNATION AND PROPER ZONING 11 OF THE PROPERTY SHALL BE REFLECTED IN 12 SEP ARA TE ORDINANCES TO BE PASSED 13 SI1v1UL T ANEOUSL Y HERE\VITH; PROVIDING FOR 14 CONFLICTS, SEVERABILITY, CODIFICATION AND 15 AN EFFECTIVE DA TE; PROVIDING THA T THIS 16 ORDINANCE SHALL BE FILED WITH THE CLERK 17 OF THE CIRCUIT COURT OF PALM BEACH 18 COUNTY, FLORIDA, UPON ADOPTION. 19 20 \VHEREAS, the Comprehensive Plan for the City of BO)'l1ton Beach requires the 21 evelopment of an Annexation Program; and 22 \VHEREAS, Hany Edward, as owner of the property more particularly described 23 ereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 24 f the Code of Ordinances, City of BO)'l1ton Beach, Florida, for the purpose of annexing 25 certain tract ofland consisting of approximately 0.72 acres; and 26 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 27 ollowing tract of land as hereinafter described, in accordance with Article I, Section 7 28 32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 29 30 \VHEREAS, said tract of land lying and being within Palm Beach County is 31 ontiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 nnexation, constitute a reasonably compact addition to the City territory. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION :\CA\Ordinances\planning\Annexations\Annexation - Edward Medical Office.doc ..---" ~ n."...~o--'-<.~--- - - -....._-'-'"-----.-. ~-- - ---._~~-~. ,_ ~ _-..._"'-' ;",~_~;o-.~-'-' ~---"'-;'J""-",o-_- _.<-~ -- 1 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. That each and every Whereas clause is true and correct. 3 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 4 o)'TIton Beach, Florida and Section 171.044, Florida Statutes the following described 5 nincorporated and contiguous tract of land situated and lying and being in the County 6 fPalm Beach, Florida, to wit: 7 Lot 68, amended plat of Trade Winds Estates, according to the plat 8 thereof recorded in Plat Book 21, Page 73 of the Public Records of 9 Palm Beach County, Florida, less the right-of-way for U.S. 10 Highway No. 1 (State Road 5) as shown in Road Plat Book 2, 11 Pages 156 to 165. 12 13 ONTAINING APPROXIMATELY 0.72 ACRES OF LAND 14 15 s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 16 e and become part of the City with the same force and effect as though the same had 17 een originally incorporated in the territorial boundaries thereof. 18 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 19 orida, is hereby amended to reflect the annexation of said tract of land more particularly 20 scribed in Section 1 of this Ordinance. 21 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 22 ning designation and Land Use category is being determined as contemplated in Section 23 1.162(2), Florida Statutes. 24 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 25 ealed. 26 Section 5: Should any section or provision of this Ordinance or any portion thereof 27 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 28 ainder of this Ordinance. :\CA\Ordinances\Planning\Annexations\Annexation - Edward Medical Office. doc ï I i I I i I I I, 1 ' I Section 6: This Ordinance shan not be passed until the same has been advertised II 2 I )r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 3 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 4 Section 7. This ordinance shall become effective immediately upon passage. 5 Section 8. Specific authority is hereby given to codify this Ordinance. 6 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 7 ircuit Court of Palm Beach County, Florida. 8 FIRST READING this _day of ,2004. 9 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 27 ity Clerk 28 29 :\CA\Ordinances\Planning\Annexations\Annexation - Edward Medical Office. doc -- - ,- ---.,..=_.~- ---_.~~-'--=----. ~,___.~o-.._~_~....__~_-. ___ _.~-- ...._-, ·.,...c___.__~._~ -__..~_"_~_____tf·. - DEVELOPMENT DEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric lee Johnson, AICP {f Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER: Edward Medical Office Building lUAR 04-008 and ANEX 04-004 PROJECT DESCRIPTION Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (Exhibit "A" - location Map) Existing land Use: CH/5 Commercial High Intensity (Palm Beach County) Existing Zoning: CG General Commercial (Palm Beach County) Proposed land Use: local Retail Commercial (lRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the 0.72-acre parcel, to reclassify its land use to Local Retail Commerdal (LRC), and rezone to Community Commercial (C-3) in order to construct an 11,957 square foot medical office building. Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use dasslfication, zoned Community Commercial (C-3); Page 2 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 South : Developed commercial property classified as Palm Beach County Commercial High / Medium ResIdential MR-S (CH / 5) land use and zoned Palm Beach County General Commercial (CG)¡ East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infi" Planned Unit Development (IPUD)¡ West: Developed residential property classified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). EXECUnYE SUMMARY Staff recommends approval of the requested annexation / land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City'"s annexation program, which emphasizes the annexation of enclaves, and relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOnFICAnON Owners of properties within 400 feet of the subject annexation / land use amendment / rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANAL YSIS A land use amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and / or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition Is determined by the size of the parcel with 10-acres being the threshold. The subject property is 0.72 acre, which is smaller than the 10-acre threshold and therefore eligIble for the small-scale amendment process. Small-scale text and Map amendments do not requIre the Ronda Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adoption by the City. ThIs means that the proposed amendment, if desired by the city, would ,----....<--....~,--.....--- ~._ _~ ,_,",_~-..._ __ . -_h· ,-.-.--- ,-_. . -- -<~. .-~ -,-------<~.~.-.<-,--_., Page 3 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("large-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment I rezoning application Is being reviewed concurrently with an accompanying request for annexation (ANEX 04-004). The subject property's current land use classification Is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use classifications. By contrast, the City of Boynton Beach Future Land Use Map contains only three (3) different "commercial" categories of land use classifications. The applicant is requesting to annex into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) Is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: 7ñe City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, cOtporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction In the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an Inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the Intent to reducing them below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. The subject property lies within Planning Area #1 - Coastal Area, as defined by Section VIII Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section l.q. of Planning Area #1 states the following: ExIsting land uses along the U.S. 1 frontage are predominately retail; consequently a Local Retail Commercial (LRe) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots, which are presently In the City, and those, whIch wIll be annexed. Page 4 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunltles¡ sub-section l.q.¡ found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies¡ city departments most affected by annexations (e.g. Police¡ Fire¡ and Public Works)¡ have been sUlVeyed for issues related to selVice capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire / EMS only); With respect to impact upon roadways¡ the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Are Departments report that this project has been reviewed for potential service impacts and availability ¡ and based on the planned office use¡ it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However¡ with respect to potable water and wastewater utilities¡ the review of the proposed site plan (which is being reviewed concurrently with this petition) identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval¡ the water line shall be extended in order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie in to an existing four (4)-inch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As indicated herein¡ this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated In the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore¡ staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the Oty Commission, they will be included as Exhibit "B" - Conditions of Approval. ATTACHMENTS S:\PIalUlIn8\SHAREI>I WPlPIlOJBCTS\Edword Medical Oflicc\LUAIl 04-008\StaIfReport.doc -,--.-~-..-~~.-.-- .. .'_~__.~__~'->_~._~_ .J. __<,_~_-.oo;._~,~_"";'-"""'.b"""'-- - .--,. __0 _v_ _~~~. .~ .. ... .~--~ EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CHIS LRC CHIS j LEGEND ~..' . 20 «I .. 1» ...... City Boundary Land uses: s LRC . Local Retail Commercial HDR . High Density Residential 'HDR . Special High Density Residential MR-& . Medium Residential (county) CHIS . Commercial High, wfunclerlylng MR-& (county) XII. - LEGAL ITEM 8.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July] 9,2004 [8] October 4, 2004 (Noon) September 20, 2004 D August] 7, 2004 (Noon) August 2, 2004 D October ]9,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August] 6,2004 D November 3, 2004 (Noon) October ]8,2004 D September 21, 2004 (Noon) September 7, 2004 D November] 6, 2004 (Noon) November], 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [8] Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this request under Public Hearing on September 21, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (LUAR 04-008) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Commercial High Intensity (CH-5) (Palm Beach County) to Local Retail Commercial (LRC); and Proposed use: 11,957 square foot medical building. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A tø- ALTERNATIVES: N/A - City Manager's Signature Plannmg and Zo . g Director Attorney / Finance / Human Resources S:\P]anning\SHARED\WP\PROJECTS\Edward Medica] Office\LUAR 04-008\Agenda Item Request Edward Med. Office LUAR 04-008 1st reading Amend] 0-4-04.doc S:\BULLETINìFORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA NvIENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN FOR 7 A 0.72 ACRE PARCEL OWNED BY HANY 8 ED\V ARD; THE LAND USE DESIGNA nON IS 9 BEING CHANGED FROM COMMERCIAL HIGH 10 INTENSITY TO LOCAL RETAIL COMMERCIAL; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 AND AN EFFECTIVE DATE. 13 14 \VHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 15 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 16 Use Element by Ordinance No. 89-38 in accordance with the Local Government 17 Comprehensive Planning Act; and 18 \VHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 20 and 21 \VHEREAS, after public hearing and study, the City Commission deems it in 22 the best interest of the inhabitants of said City to amend the aforesaid Element ofthe 23 Comprehensive Plan as adopted by the City herein. 24 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and 27 incorporated herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 29 following: S:\CA\Ordinances\Plar.ning\Land Use\Edward Meèical Office.doc . ..- -.~ - ., --- -~-_.-._,'---~-~.-- - - .--~--->_.~---. -_.- -... 1 That the Future Land Use ofthe following described land shall be designated as 2 Local Retail Commercial (LRC). Said land is more particularly described as follows: 3 Lot 68, amended plat of Trade Winds Estates, according to the plat 4 thereof recorded in Plat Book 21, Page 73 of the Public Records of 5 Palm Beach County, Florida, less the right-of-way for U.S. Highway 6 No.1 (State Road 5) as shown in Road Plat Book 2, Pages 156 to 7 165. 8 9 10 Subject to easements, restrictions, reservation and rights of way of record. 11 12 Said lands situate, lying and being in Palm Beach County, Florida. 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element 15 shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 17 repealed. 18 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 20 the remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, 22 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 23 Planning and Land Development Regulation Act. No party shall be vested of any right by 24 virtue of the adoption of this Ordinance until all statutory required review is complete and 25 all legal challenges, including appeals, are exhausted. In the event that the effective date is 26 established by state law or special act, the provisions of state act shall control. 27 28 FIRST READING this _day of ,2004. 29 S:\CA\Ordinances\Planning\Land Use\Edward Medical Office_doc 1 2 SECOND, FINAL READING and PASSAGE this _ day of , 3 2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 $:\CA\Ordinances\Planning\Land Use\Edward Medical Office.doc ----. ~,~-<> --..-..-..-..--- - - ------- -~ - -- ---- --~ --....-..-......-........-.. ,- ....- - .- .~-.,;'<_....._......'---------~......~~ ._-.~- ~ ~.~, DEVELOPMENT DEPARTMENT PLANNING. ZONING DMSION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and Oty Commission FROM: Eric Lee Johnson, AICP t Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER: Edward Medical Office Building LUAR 04-008 and ANEX 04-004 PROJECT DESCRIPTION Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the Intersection of Old Dixie Highway and South Federal Highway (Exhibit "A" - location Map) Existing Land Use: CHIS Commercial High Intensity (Palm Beach County) Existing Zoning: CG General Commercial (Palm Beach County) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the O.72-acre parcel, to reclassify Its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) In order to construct an 11,957 square foot medical office building. Adjacent Uses: North: Developed commercial property with a Local Retail Commerdal (LRC) land use dasslficatlon, zoned Community Commercial (C-3); Page 2 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 South : Developed commerdal property dassffled as Palm Beach County Commercial High / Medium Residential MR-5 (CH / 5) land use and zoned Palm Beach County General Commerdal (CG); East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use dassification, zoned Infill Planned Unit Development (IPUD); West: Developed residential property dasslfied as Palm Beach County Medium Residential (5 units per acre - RM/S) land use and zoned Palm Beach County Residential Multi-family (RM). EXEcunvE SUMMARY Staff recommends approval of the requested annexation ¡land use amendment ¡ rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the Oty's annexation program, which emphasizes the annexation of enclaves, and relevant polides in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION OWners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and Its respective hearing dates. The applicant certifies that they posted signage and mailed notices In accordance with Ordinance No. 04-007. PROJECT ANALYSIS A land use amendment can be defined as a change to the Oty's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and I or polldes contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are dMded Into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition Is determined by the size of the parcel with lo-acres being the threshold. The subject property Is 0.72 acre, which Is smaller than the lo-acre threshold and therefore eligible for the small-scale amendment process. Small-scale text and Map amendments do not require the Rorida Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adoption by the aty. This means that the proposed amendment, If desired by the dty, would -. <----...._~...., -"--= -. -.--. ___.~",-...~..."..~~~~_._~_v._~_>_ --.---~,..,-_."-'---"--.........-,' -------~.~_._------~-,~-~_._-._.- ~-_.._~~_...-...,...,,---' Page 3 Edward Medical Office Bullidng Ale Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("Iarge-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment I rezoning application is being reviewed concurrently with an accompanying request for annexation (ANEX 04-(04). The subject property's current land use classification is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use classifications. By contrast, the Oty of Boynton Beach Future Land Use Map contains only three (3) different "commercial" categories of land use classifications. The applicant Is requesting to annex into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning disb1ct. The proposed land use classification (LRC) Is the city's equivalent to the County's CHIS land use classification, In tenns of the allowable uses and respective Intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations. Since this Is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) aiter1a against which rezoning applications are nonnally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: 7ñe Oty shall coordinate with Palm Beach County regarding the prevenüon of endaves, pockets, or other undesirable land conñguraäons adjacent to, or in the proximity to, corporate limits, prior to annexaüon of any parcels into the Oty. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction In the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an Inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the Intent to reducing them below the la-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. The subject property lies within Planning Area #1 - Coastal Area, as defined by SectIon vm Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section 1.q. of Planning Area # 1 states the following: ExIsüng land uses along the u.s. 1 frontage are predomInately retail; consequently a Local Retail Commercial (LRe) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots, which are presently In the Oty, and those, which will be annexed. Page 4 Edward Medical Office Builidng Rle Numbers: ANEX 04-004 and LUAR 04-008 The requested land use and zoning Is consistent with the recommendations of Section vm Land Use Problems and Opportunities, sub-section l.q., found In the support documents for the 1989 aty Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Rre, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the Incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all Immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre I EMS only); With respect to Impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Rre Departments report that this project has been reviewed for potential service impacts and availability, and based on the planned office use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which is being reviewed concurrently with this petition) identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval, the water line shall be extended in order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie in to an existing four (4)-lnch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As Indicated herein, this request is consistent with the Intent of the Comprehensive Plan; would not aeate additional Impacts on Infrastructure that have not been anticipated In the Comprehensive Plan; would be compatible with adjacent land uses and would conbibute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Ageno¡ Board or required by the Oty Commission, they will be Included as exhibit "Bn - Conditions of Approval. A1TACHMENTS S:\PIIaaIø¡\SHAIIWP\PR.OJBC'J'SlBclnrd Medal Oftic:e\LUAll O4-OO8ISIdllqlort.cIac ......-----~....--,,- ,. - ~.. -'........_-<,~'> .~_. .-~.__..~............~~_.........._~--_.--_._-- .-. ..-- ---...-.. ----_.._------_._-_._---_.~-- EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CH/5 LRC CH/5 f LEGEND ~..' L~'" .. ... ...... City Boundary Land .....: s LRC . Local Retail Commercial HDR . High Density Residential 'HDR . SpecIal High Density Re.ldentlal MR-6 . Medium Residential (county) CHI5 - Commercial High, wlunderlylng MR-6 (county) XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 I:8J October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing I:8J Legal D Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this request under Public Hearing on September 21, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (LUAR 04-008) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request to rezone rrom General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). Proposed use: 11,957 square foot medical building. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNATIVES: N/A .~;{nm~~ Devel men Department Drrector h.{J (~t- lty Attorney / Finance / Human Resources Planning and Zo g Director S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\LUAR 04-008\Agenda Item Request Edward Med. Office LUAR 04-008 1st reading Rezone 1O-4-04.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ! I i I 1 2 ORDINANCE NO. 04- 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE APPLICATION 5 OF HANY EDWARD TO REZONE 0.72 ACRES OF 6 LAND, AMENDING ORDINANCE 02-013 TO REZONE 7 A PARCEL OF LAND FROM GENERAL 8 COMMERCIAL DISTRlCT (CG) TO COMMUNITY 9 COMMERCIAL (C-3); PROVIDING FOR CONFLICTS, 10 SEVERABILITY AND AN EFFECTIVE DATE. 11 12 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 14 said City; and 15 \VHEREAS, Hany Edward, owner of the property more particularly 16 described hereinafter, has heretofore filed a Petition, through its agent, pursuant to 17 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 18 Beach, Florida, for the purpose of rezoning a parcel of land consisting of 19 approximately 0.72 acres, said land being more particularly described hereinafter, 20 from General Commercial (CG) to Community Commercial (C-3); and 21 WHEREAS, the City Commission conducted a public hearing and heard 22 testimony and received evidence which the Commission finds supports a rezoning 23 for the property hereinafter described; and 24 \VHEREAS, the City Commission finds that the proposed rezoning is 25 consistent with an amendment to the Land Use which was contemporaneously 26 considered and approved at the public hearing heretofore referenced; and 27 \VHEREAS, the City Commission deems it in the best interests of the S:\CA \Ordinances\Planning\Rezoning\Rezoning - Edwards.doc ..- -",.~"'-~-O>""""~""'__~__._II. -<~>--"~ -, ----.,~_......__.----- --,-- ._H__' . .___.".....~___>oo...-,<~'" .. ,-J~..~"'.....~--f.I... 1 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 2 set forth. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 4 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing Whereas clauses are true and correct and 6 incorporated herein by this reference. 7 Section 2. The following described land, located in the City of Boynton 8 Beach, Florida as set forth as follows: 9 Lot 68, amended plat of Trade Winds Estates, according to 10 the plat thereof recorded in Plat Book 21, Page 73 of the 11 Public Records of Palm Beach County, Florida, less the 12 right-of-way for U.S. Highway No. 1 (State Road 5) as 13 shown in Road Plat Book 2, Pages 156 to 165. 14 15 e and the same is hereby rezoned from General Commercial District (CG) to 16 ommunity Commercial (C-3). A location map is attached hereto as Exhibit "A" and 17 ade a part of this Ordinance by reference. 18 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 19 ccordingly. 20 Section 4. All ordinances or parts of ordinances in conflict herewith are 21 hereby repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion 23 hereofbe declared by a court of competent jurisdiction to be invalid, such decision shall 24 ot affect the remainder of this Ordinance. 25 Section 6. This ordinance shall become effective immediately upon passage. 26 S:\CA\Ordinances\Planning\Rezoning\Rezoning - Edwards.doc , I 1 FIRST READING this ~ day of ,2004. 2 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Edwards.doc -..-->- ~ .-'--.....-.-..-_------~<.--~ ,.~...._--. ' ._____^-,--Ã_,.>.. ' ,- - -<---- ..-»---þ------ ~ _.._,~____..__.__~......_......-.c-*"'»~~~~_.__. ~·"h"_ DEVEUOPMENTDEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and Oty Commission FROM: ErIc Lee Johnson, AICP {f Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER: Edward Medical Office Bulld1ng LUAR 04-008 and ANEX 04-004 PROJECT DESCRlP110N Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (Exhibit "'An - location Map) Existing Land Use: CHIS Commercial High Intensity (Palm Beach County) existing Zoning: CG General Commercial (Palm Beach County) Proposed land Use: Local Retail Commercial (LRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the O.72-acre parcel, to reclassify Its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) In order to construct an 11,957 square foot medical office building. Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use dasslflcation, zoned Community Commercial (C-3)¡ Page 2 Edward Medical Office Bullldng Rle Numbers: ANEX 04-004 and LUAR 04-008 South : Developed commerdal property dassifled as Palm Beach County Commercial High I Medium Residential MR-5 (CH I 5) land use and zoned Palm Beach County General Commercial (CG)¡ East: Right-of-way for South Federal Highway, then farther east Is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD)¡ West: Developed residential property classified as Palm Beach County Medium Residential (5 units per aae - RMIS) land use and zoned Palm Beach County Residential Multi-family (RM). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the Oty's annexation program, which emphasizes the annexation of enclaves, and relevant policies In the Comprehensive Plan¡ 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the Oty. PROPERTY OWNER NOßFICAßON Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and Its respective hearing dates. The applicant certifies that they posted slgnage and mailed notices In accordance with Ordinance No. 04-007. PROJECT ANALYSIS A land use amendment can be defined as a change to the aty's COmprehensive Plan that seeks to modify the text of the adopted goals, objectives, and I or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are dMded Into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition Is detennlned by the size of the parcel with lQ-aaes being the threshold. The subject property Is 0.72 aae, which Is smaller than the 1Q-aae threshold and therefore eligible for the small-scale amendment process. Small-scale text and Map amendments do not require the Rorlda Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adoption by the aty. This means that the proposed amendment, If desired by the city, would -'- .--,.-,.- .__._~_,-,.....~~__,-,.~__"....--_c-_ ___x._"_-__._.__e...-.- ~__~>-.........."'_...s__O'_~~ Page 3 Edward Medical Office Bullldng File Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("Iarge-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment I rezoning application Is being reviewed concurrently with an accompanying request for annexation (ANEX 04-0(4). The subject property's current land use dasslficatlon Is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use dasslficatlons. By contrast, the CIty of Boynton Beach Future Land Use Map contains only three (3) different "commercial" categories of land use dasslficatlons. The applicant Is requesting to annex Into the Oty to utilize the Local Retail Commercial (LRC) land use dasslflcatlon and the Community Commercial (C-3) zoning district. The proposed land use dasslficatlon (LRC) Is the dty's equivalent to the County's CHIS land use dasslficatlon, In tenns of the allowable uses and respective Intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, SectIon 9.C.2(2) of the Land Development Regulations. Since this Is the case, the request Is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning appl1catlons are nonnally reviewed, as outlined In Chapter 2, SectIon 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other rele~nt portions of the Comprehensive Plan, the dty's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: The Oty shall coordinate with Palm Beach County regarding the prevention of endaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, cotpOrate limits, prior to annexation of any parcels Into the Oty. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new endaves. The annexation of the subject property will further the efforts of the annexation program through reduction In the number of endave properties. State annexation law allows the annexation of endaves that are less than 10 acres through an Inter-local agreement with the County without the consent of the property owners. CUrrently, objectives of the annexation program Indude annexing all endaves less than 10 acres, and to Inaementally annex endave properties with the Intent to redudng them below the lO-acre threshold. Therefore, the annexation of this parcel Is consistent with the only policy within the Comprehensive Plan regarding annexation. The subject property lies within Planning Area #1 - Coastal Area, as defined by SectIon vm Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-sectlon 1.q. of Plannlng.Area #1 states the following: ExIsting land uses along the u.s. 1 fTontage are predominately retail; consequently a Local Retail Commerrial (LRe) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots, whIch are presently In the Oty, and those, whIch wfll be annexed. Page 4 Edward Medical Office Bullldng Rle Numbers: ANEX 04-004 and LUAR 04-008 The requested land use and zoning Is consistent with the recommendations of SectIon vm Land Use Problems and Opportunities, sub-sectlon l.q., found In the support documents for the 1989 CIty Of Boynton Beach Comprehensive Plan for properties to be annexed within this vldnlty. In connection with previous annexation studies, city departments most affected by annexations (e.g. Pollee, Rre, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the Incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all Immediately adjacent to areas within the dty that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most endaves OJrrently receive service from the city via the mutual aid agreement (Police and Are I EMS only); With respect to Impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that It meets Traffic Performance Standards of Palm Beach County. The Police and Are Departments report that this project has been reviewed for potential service Impacts and availability, and based on the planned office use, It has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which Is being reviewed concurrently with this petition) Identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval, the water line shall be extended In order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie In to an existing four (4)-lnch sanitary sewer line. CONCLUSIONS/RECOMMENDAnONS As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; would not aeate additional Impacts on Infrastructure that have not been antidpated In the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the . overall economic development of the CIty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the CIty Commission, they will be Induded as exhibit 1\B* - Conditions of Approval. A1TACHMENTS 8:~WNROJI!Cl'S\B4wri1oleilb10111c6'tWAB.04-G0NtIIf~doc , ..>""""-.-,-" ".....- -~,~ "-#>-, .-, ~.. -- -~- . - .--- ~..---"" --. ._...~~_.-' ,,-~~..- ,.~~_.........___-__ ~~._~._ ___~.~u-~_-~~~--v~.,~_..~..."""",-=__- -.- EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CHIS LRC CHIS I LEGEND .~W+ . » ., .. ... ...... City Boundary L8nd ...: LRC . Local Retal Commercial HDR . Hlgb DanaltJ R..ldentlal IHDR . lpeclal HIgh ......Ity "sldentlal MR-5 . .edlum Residential (countv) CHI5 . Commercial High, wlunderlylng MR-5 (countJ) XII. - LEGAL ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19, 2004 ~ October 4, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 c=J September 21, 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report ~ RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this request under Public Hearing on September 21, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-217. EXPLANATION: PROJECT: 306 Boynton Beach Boulevard, L.C. (NE 2nd Street) (ABAN 04-005) AGENT: Roger B. DeCapito / Jim Knight OWNER: N/A LOCATION: South side of Boynton Beach Boulevard between NE 1st and NE 3r Streets DESCRIPTION: Request for abandonment of a 40-foot wide unimproved right-of-way (Northeast 2nd Street). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A iÛÎv- ALTERNATIVES: N/A ~ity ~ager's Signature ~, I st reading 10-4- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONJ\t1ENT 5 WITH CONDITIONS OF A FORTY-FOOT WIDE 6 UNIMPROVED RlGHT-OF-WAY OF NORTHEAST 2ND 7 STREET; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE 10 PUBLIC RECORDS OF PALM BEACH COUNTY, 11 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 \VHEREAS, Applicants, Roger B. DeCapito and James W. Knight are requesting to 15 bandon a portion of the Northeast 2nd Street right-of-way. The 40- foot wide unimproved 16 ·ght-of-way is situated between Lot 7, Block 3 and Lot 3, Block 3 of the Boynton Plat; and 17 18 'WHEREAS, comments have been solicited from the appropriate City Departments, 19 nd public hearings have been held before the City's Planning and Development Board, and 20 he City Commission on the proposed abandonment; and 21 22 \VHEREAS, staff has detennined that the subject alley does not serve a public 23 urpose, subject to modification of condition #5 to require an easement only if utility lines 24 re present, and to alternatively allow relocation if preferred by the applicant and/or 25 ellsouth; and 26 27 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 erein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 ereby abandon a portion of that certain road right-of-way lying in Block 3, of Plat of 35 OYNTON as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach 36 ounty, Florida, said right-of-way being a 40 foot wide strip of land lying adjacent to and 37 butting Lots 3 and 7, Block 3 of Said Plat of Boynton, subject to subject to modification of 38 ondition #5 to require an easement only if utility lines are present, and to alternatively allow 39 elocation if preferred by the applicant and/or Bellsouth and more particularly described in 40 he attached Exhibit "A." A location map is attached hereto as Exhibit "B." 41 42 Section 3. The City Manager is hereby authorized and directed to execute the 43 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 44 ecords ofPalm Beach County, Florida. 45 46 :\CA\Ordinances\Abandonments\306 Boynton beach Blvd LC.doc ~~ ---~- -- ~_._- <-------~~-.-.,._= ~ <.- -- .--~-.-~.......----' .>"'L~~.___---'_'~_.~~._ ___,. I 1 Section 4. This Ordinance shaH take effect immediateJy upon passage. 2 3 FIRST READING this _ day of ,2004. 4 5 SECOND, FINAL READING AND PASSAGE THIS _day of 6 7 ,2004. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 '>3 ..;4 Commissioner 25 TTEST: 26 27 28 ity Clerk 29 30 31 S:\CA\OrdinanceslAbandonments\306 Boynton beach Blvd lC.doc r i I I I 1 2 3 DISCLAIMER 4 5 KNO\V ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 portion of that certain road right-of-way lying in Block 3, of Plat of BOYNTON as recorded 8 n Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida, said right-of- 9 yay being a 40 foot wide strip ofland lying adjacent to and abutting Lots 3 and 7, Block 3 of 10 aid Plat of Boynton, subject to subject to modification of condition #5 to require an 11 asement only if utility lines are present, and to alternatively allow relocation if preferred by 12 he applicant and/or Bellsouth. 13 14 IN \VITNESS \VHEREOF, the duly authorized officers of the City of Boynton 15 each, Florida, have hereunto set their hands and affixed the seal of the City this _ 16 ay of October, 2004. 17 TTEST: CITY OF BOYNTON BEACH, FLORIDA 18 19 anet Prainito Kurt Bressner, City Manager 20 ity Clerk 21 22 TATE OF FLORIDA ) 23 )ss: 24 OUNTY OF PALM BEACH ) 25 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 26 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 27 lorida, known to me to be the persons described in and who executed the foregoing 28 strument, and acknowledged the execution thereof to be their free hand and deed as 29 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 30 fficial seal of said corporation; and that said instrument is the act and deed of said 31 orporation. 32 \VITNESS my hand and official seal in the said State and County this _ day of 33 ctober, 2004. 34 35 NOTARY PUBLIC, State of Florida 36 My Commission Expires: 37 :ICAIOrdinanceslAbandonmentsl306 Boynton beach Blvd lC.doc .........----- ~ ....--~._----"".""~-~<--.. ,. --~.._~-, -__~.__~~__.~o,-_....1+_+_. --- 1 2 3 4 5 . 6 7 EXHIBIT "A" 8 9 portion of that certain road right-of-way laying in Block 3, of the Plat of BOYNTON as 10 ecorded in Plat Book 1, Page 23, of the Public records of Palm Beach County, Florida, said 11 . ght-of-way being a 40 foot strip of land lying adjacent to and abutting Lots 3 and 7, Block 3 12 f said Plat of Boynton and being more particularly described as follows: 13 14 EGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in 15 lat Book 1, Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly 16 long the North line of a 20 foot alley said line also being the Westerly extension of the 17 outh line of said Lot 3, BJock 3, to the Southeast corner of Lot 7, Block 3, of said Plat of 18 OYNTON; thence Northerly along the East Line of Lot 7, BJock 3, to the South Right of 19 ay of Boynton beach Boulevard; thence Easterly along the South right of way line of said 20 oynton Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly slong 21 he West line of Lot 3, Block 3, to the POINT OF BEGINNING. 22 ~3 ontaining 5,059 square feet more or less and subject to easements, reservations, restrictions ~4 d rights-of-way of record. 25 26 S:ICAIOrdinances\AbandonmentsI306 Boynton beach Blvd LC.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-217 (REV.) TO: Chair and Members Community Redevelopment Agency THRU: .~l£- Michael W. Rump Planning and Zoning Director (fv FROM: Eric Lee Johnson, AI~ Planner DATE: September 1, 2004 SUBJECT: Abandonment of a portion of Northeast 2nd Street ABAN 04-005 NATURE OF REOUEST The applicants, Roger B. DeCapito and James W. Knight are requesting to abandon a portion of the Northeast 2nd Street right-of-way. This 40-foot wide unimproved right-of-way is situated between Lot 7, Block 3 and Lot 3, Block 3 of the Boynton Plat. The abandonment request was submitted on May 19, 2004. The platted roadway segment is described as follows: A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as follows: BEGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast corner of Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South Right of Way of Boynton Beach Boulevard; thence Easterly along the South right of way line of said Boynton Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly along the West line of Lot 3, Block 3, to the POINT OF BEGINNING. Containing 5,059 square feet more or Jess and subject to easements, reservations, restrictions and rights-of- way of record. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - Right-of-way for Boynton Beach Boulevard, then farther north is developed commercial (DJ's Restaurant), zoned Neighborhood Commercial (C-2); South - Right-of-way for a 20-foot wide alley, then farther south is unimproved right-of-way for Northeast 2nd Street; '._+_.'.'.~~--->-~~ --... ~_""'_k~-~-O_< _~~o,_~,__-",____ _0_._>_ _ .-~--"-,~<.---~-- ~ .-",_._--'-~.'_---'" -,,---><...., Page 2 Memorandum No. PZ 04-217 ABAN 04-005 East - Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2). BACKGROUND The subject right-of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The plat, originally approved on September 26, 1898, included 162 individual lots, a 100-foot wide right-of-way owned by the Florida East Coast (F.E.C.) Railroad, and several 20-foot wide and 40-foot wide alleys and streets, which were dedicated for perpetual use by the public. The plat also contains a reverter clause, which states "reserving to ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. The adjacent property owners have been informed of the existence of the reversionary issue. Re- development or expansion of the adjacent properties following abandonment will require the property owners to establish proof of clear title as a condition of re-development or expansion. The applicant informed staff that it is their intention to develop additional parking for their now vacant building located at 306 East Boynton Beach Boulevard following abandonment. As mentioned above, proof of clear title will be required. ANALYSIS When a right-of-way, such as this unimproved street, is abandoned, the abandoned land is transferred from the general public to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and e other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected ",roperty owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3 Boynton). Public records indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3 Boynton). A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see Exhibit "C" - Conditions of Approval) Planning and Zoning - Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBUC UTILITY COMPANIES Florida Power and Light - No objection Bellsouth - Approval with conditions (see Exhibit "C" - Conditions of Approval) Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A All public utility providers have been notified and all are recommending approval of the abandonment request. 1wever, it must be noted that Bellsouthbelieves that underground telecommunication infrastructure is present ...thin the unimproved roadway. Therefore, Bellsouth is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. Dedication of a utility easement would grant Bellsouth legal access to the property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property as a parking lot. The City Public Works I Utilities Department, which is also recommending approval, would oversee Page 3 Memorandum No. PZ 04-217 ABAN 04-005 the easement dedication process. lastly, the Community Redevelopment Agency has no objection to the applicant's request because the right-of-way is not in any of the Agency's plans for right-of-way linkage or connections. According to the Agency, the abandonment would help facilitate future land assemblage for redevelopment purposes. There are also no isolated parcels adjacent to the subject right-of-way that would rely solely upon this street for access. RECOMMENDATION Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\Staff Report - rev.doc ._ ~_~'A~~__~~____~._. ~_, ____;>_ .~>.v__o.>_, _ Á _ ..-.- .~-.-,- ~. ~ ,--~ ~,<,_.-~,---"---_.<,~....... I I "1 I I - . I~ - .~ 1 in. = 150.0 feet ~ , I · ~ N J;; ';11;1 AVF # . lUll- Z ~ I I I~ J ! ~ -- ............. ..... ..------- (~3 ;1 , I '- I I J J I I J I - - RI un _ - I. "InÑ -- - -.. RI vn nUT'" ...- ....... 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"'.50· 40.01' " GJ:::! lO.oO' G ì <3<3:s, - S:t -< ~ "'" 1 I o:C ì ::J -.Ç) 1':-< ~~ ::J "'-!! tl Qi ¡ ¡ <>"'- l £ ?- ;~ 3 _.Ç) ~~ a \ Ç) ::¡ - , ~ ;¡. I (\)GJD S .. 0# " '3 ë) Cb \JJ " ~.!> ~:t I S:t " =E ("" .5= fi I ' ;s\ Cb ;;::N '" " -<. ~ 8 ~.. -. ~ -; ~: '" ~ ~\)J \] ~ ~ -b . § ¡. I I" ~{j' - -, Ç) ~~ .. ~ IJ ~ -< ..-+ "" I Ij'I \J ~ -< ~Cb \S' IZ I:: I C1> .:--J V' " :I " ~ 7'JI:: »~ GJ .. CbÇ) J !' """\1m ~ ~ ~ ë)""" ~ \S' -¡...,Ç) < ~I VJ i'> ~ ..-+ I C1> <"' " ~ Cb ¡;:s ;A" :2. \JJ ~-< i~~ I " -I --u --< G' ., , I" .f>. ~ --. ~ 'vJ ~ AJ !¡ ~ ~ '-! I ~ I \J '-! (3 Cb ()_. Jt8 ~ ~. \SI - () q ~~ " --. C\ i Ç) I\» "rl- <"' ~z" 1:1 ¡¡ ~ èl ~ - -< . ~ I:: -» GJ 'I (\ -.:J , ---1 Ç) J. r ~~ ~. Cb()_ .a. I! .... <> Cb· Ii-g . C1> ~ fII il \" Ç)z ~;A" --.¡ 1 ;1, ~ -" \» ~ 2 r f ~-. ,-- 'oJ S:t "l~.. "'-." I~· ~ . -< ?:J ~ jl \1'- I "'() I ~ l .. <> - ~ lO.O' 1..0.0· ., f & '" * ~I - -+- I -.:J J 1 \JI± C¡. I ¡"f ~~ -~ Ir -" ! l ~" ~I i ·if"..... I d "1 Ñ 2 ::t. I <:5'0 .. ~ Ir \JI1'- lO.QO· ~.... ~. .. G . 4 g <> i - 11'" <- \S' ~¡a "-.50' . :rc L 1. ::n~ r_ ~?l:ji -- -- --- ":>..~t Ð~..t i II 3. ~ I 1.." úrir $ farttc:r -" ~x ".. North IJI ~JI ;~ G ~t ~ GJ L- .~ I b b o . ft ¡n ~ Q I Q i DEWEY f'l.ACE ~ ~ 2~ ~ 1 Boynton Beach Boulevard 'il ~ t ß . ~ ..- N E ,.." ":>t' . ~. _. _. _. _. _. L-. _,. _._ ~ - t· 1-""" "7treet Œ'!.rt) ~ .~ ~.- f¡ ~t Co~t C "Y t _____--..--v >"'-----~,._- ~-'~ >-.~-. - ' --"'~.- _.þ«<.- ,,~< -'-~-'þ- EXHIBIT "C" Conditions of Approval Project name: Abandonment of Northeast 2nd Street (Dewey Place) for 306 East Boynton Beach Boulevard File number: ABAN 04-005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. This roadway is currently paved over as a parking area and does not contain X any underground utilities of the City, but recognizes that Bellsouth telephone apparently has buried cable in the general area. Therefore, a utility easement would be required. 2. No structures or landscaping shall be placed within the confines of the X required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to read as follows: X "A 40-foot roadway right-of-way lying between Lots 3 and 7, in Block 3, BOYNTON, according to the plat thereof as recorded in Plat Book I, Page 23 of the Public Records of Palm Beach County, Florida". POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FORESTE~~ONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X 5. BelIsouth has investigated the request and found there to be buried X telecommunication facilities in the vicinity of the right-of-way abandonment. A more thorough investigation wiIJ reveal specificaJIy where the buried telecommunication facilities are located. BelIsouth may require a utility easement encompassing the path of the existing facilities, including any lateral occurrences. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 6. Requirement for easement is contingent upon existence of BelIsouth utilities, X and easement dedication may alternatively be substituted with utility relocation if desirable by applicant and/or Bellsouth. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 7. To be determined. S:\PIanningISHAREDIWPV'ROJECTSI306 BB8. AB»I D4-OO5\COA.doc -.. ~_....--...---~.~- . ----- __ _~,,~- ~ __ __~ -<_-~~~_~_...__ -._ - -I.. .-- ..' ..-------"^.-. ~-------~~- T~~ · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 306 East Boynton Beach Boulevard (ABAN 04-005) APPLICANT'S AGENT: Roger B. DeCapito and James W. Knight APPLICANT'S ADDRESS: 1421 Cormorant Road Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 21, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 2nd Street (f.k.a. Dewey Place) right-of-way located between Lot 7 and Lot 3, Block 3 of Boynton (Dade Co. Fla.) plat. LOCATION OF PROPERTY: Located near 306 East Boynton Beach Boulevard, which is on the south side of Boynton Beach Boulevard, between Northeast 1st Street and Northeast 3rd Street. 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 X 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: S:\PIanning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\DO.doc City Clerk XII. - LEGAL - ITEM D.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City COIllllÙssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19, 2004 12] October 5,2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 2004 0 Administrati ve c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM 0 0 Public Hearing 0 Legal . .--.. £2=i c=J c=J Unfinished Business (/) .-i-< Bids rr¡ -~-:o c=J c=J \1 ,"'-_ -r¡ Announcement Presentation ~~- CJ - -~:o 0 City Manager's Report -.J -'-""--"'" -. - ~-- ..... ;r.. -'--:z ~J"1----f ::::¡: 0 ;::)-- OJ - ooL.. RECOMMENDA TION: '1 .. ...."cu c....'l - m EXPLANATION: The CRA Board formally requests the Boynton Beach City Commission granTIheiUÀA . the ability to secure debt up to the amount of $19,575,000 secured by the CRA Tax Increm~t Revenues (TIF). Additionally, the CRA Board requests the Boynton Beach City Commission to grant a back~up pledge to support a 20-Year Tax-Exempt Bond offering primarily secured by CRA Tax Increment Revenues. A City back-up pledge would allow the CRA's debt to be issued with bond insurance and rated "AAA", which is the highest tax-exempt bond rating. Because of the economic vulnerability of Tax Increment Revenues, any bonds issued by the CRA without a back-up City pledge would likely be non-rated or low rated. Under current market conditions, such a financing would likely bear an interest rate at approximately 6.00%, which is approximately . 1.50% higher than the current "AAA"-rated interest rate of 4.50%. This higher interest cost could result in an additional $4,000,000 in interest payments over 20 years for the CRA TIF. In addition to the interest savings to the CRA TIF, the back-up City pledge provides the CRA with sufficient debt capacity to secure complete funding for the projects at today's interest rates, which are near 43-year lows. With a back-up City pledge, the CRA can issue debt with a coverage requirement of 1.35x to 1.50x the CRA's last year 2003 Tax Increment Revenues. The proposed bond payment with the required coverage is approximately $1,500,000 out of the 2003 revenues of $2,400,000. Note that the 2004 CRA TIF revenues are set by the County Tax Office at $3,400,000, therefore the CRA has a current 2.6 times coverage. This coverage affords the community a piece of mind that the CRA TIF revenue stream can comfortably make the bond payments. This allows the CRA to lock in low cost, affordable payments and fund the projects in full. Without a back-up City pledge, the debt service coverage requirement would be up to 2.00 x from the CRA's 2003 Tax Increment Revenues. This requirement for coverage will reduce th'e bonding capacity of the CRA and therefore would not provide sufficient funds to complete the projects, subjecting the projects to completion risk for the additional required amounts. Securing the funding in full at today's historically low interest rates with affordable S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC -'. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM annual payments is the most conservative approach to funding these important projects for the community. PROGRAM IMPACT: Such a rating will dramatically lower the interest cost to the CRA TIF and lock in complete funding for the Boynton Beach Boulevard Extension, Promenade, Riverwalk, Land Acquisition and additional Public Parking in the Marina Parking Garage at current historically low interest rates. The bonds also allow the CRA to invest TIF revenues to facilitate the entire Heart of Boynton Phase One project. FISCAL IMPACT: While the historical tax increment revenues received by the CRA greatly exceed the expected debt service on the proposed bonds, the City's guarantee will result in a substantially lower interest rate on the CRA borrowing. It is expected that the City's guarantee would not involve a pledge of any particular revenue stream of the City or the City's taxing power, but would instead be a covenant to budget from lawfully available non-ad valorem revenues any amount necessary to pay the bonds that could not be paid form the tax increment. - It is not expected that the guarantee by the City will have any effect on the ability of the City to proceed with any debt issuance that may be under taken by the City for the foreseeable future. However, in the unlikely event that the City is required to perform under its guarantee and pay the debt service on the CRA bonds, this would necessarily reduce City funds available for other uses by the City. The CRA intends to attempt to structure the bond issue so that if certain financial test are met(for example, tax increment revenues to the CRA reach a specified multiple of debt service for a specified period of time), then the City guarantee will terminate. In the event the City decreases the size of the redevelopment area after the bonds are issued, this could be prospective only. This is the bondholders would still have to right to be paid form the tax increment form the areas as in effect at the time the bonds are issued. However, it might be possible to structure the CRA bonds so as to allow for a reduction in the size of the redevelopment area. In the event financial test similar to those outlined above could be met. ALTERNATIVES: The CRA has currently adopted a Cash Flow Budget for 2004/2005, which has included rolling back proposed programs and projects as well as expanding the length of time for completion of the current projects over a longer period of time. Specifically the CRA has; · Scaled back the grant programs answers for the local community from the proposed $550,000 to $200,000, · Eliminated the Holiday & Events Street Décor · Scaled back the completion of the Riverwalk to 2010 · Scaled back the completion of the Promenade to 2011 · Scaled back the completion of the Heart of Boynton Phase One to 2008 · Eliminated the payment for the Boynton Beach Land Payment · Eliminated the Town Square Project Development · Postponed the Savage Creatures Complex (study)beyond 2010 · Eliminated all Miscellaneous Projects · Reduced and lor eliminated Operational Expenses by 42% S:\BULLETIN\FORMS\A.GENDA ITEM REQUEST FORM.DOC -- ---~-'-~--~=. -_. ,'---"",~ ~"",,_._~--.~ -,,"- ~~~-- ~- '" - CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ Department Name . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW Office Address: 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 33401-4025 Post Office Delivery: P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561) 659-1789 Tallahassee Office MARK E. RW:\lOND (850) 681-3828 Direct Line: (561) 822-0380 Wellington Office E-mail: mraymond@moylelaw.com (561) 227-1560 September 21,2004 i j ;H I' ¡,., Kurt Bressner, City Manager 1". L' City of Boynton Beach, Florida ;i! i ! ~-; 100 East Boynton Beach Boulevard î ! -- .. Boynton Beach, Florida 33425 1"'\ '-- I 0-~'HMMHUHU Re: Community Redevelopment Agency Bond Issue Dear Kurt: The CRA is requesting that the City guarantee the payment of bonds to be issued by the CRA. While the historical tax increment revenues received by the CRA greatly exceed the expected debt service on the proposed bonds, the City's guarantee will result in a substantially lower interest rate on the CRA borrowing. It is expected that the City guarantee would not involve a pledge of any particular revenue stream of the City or the City's taxing power, but would instead be a covenant to budget from lawfully available non-ad valorem revenues any amount necessary to pay the bonds that could not be paid from the tax increment. It is not expected that the guarantee by the City will have any effect on the ability ofthe City to proceed with any debt issuance that may be undertaken by the City for the foreseeable future. However, in the unlikely event that the City is required to perfonn under its guarantee and pay the debt service on the CRA bonds, this would necessarily reduce City funds available for other uses by the City. The CRA intends to attempt to structure the bond issue so that if certain financial tests are met (for example, tax increment revenues to the CRA reach a specified multiple of debt service for a specified period of time), then the City guarantee will tenninate. In the event the City decreases the size of the redevelopment area after the bonds are issued, this could be prospective only. That is, the bondholders would still have the right to be paid from the .-=" ~-~-'<---~~'-'--~--';'-""'- . . ~..---~~_ >o-<-__..........~'""""_>_ ,~_ '>-<.- -- - ._...'~--~ '.. September 21,2004 Page 2 tax increment from the area as in effect at the time the bonds are issued. However, it might be possible to structure the CRA bonds so as to allow for a reduction in the size of the redevelopment area in the event financial tests similar to those outlined above could be met. Please let me know if you have any questions. I will be present at the City Commission meeting on October 5 to answer any questions that the Commissioners may have. Very truly yours, £/ ,~./ I Mark E. Raymond MER/ams . G: \0234 5\36 era \9-21-04 bressner Itr. wpd City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI 33435 September 14th, 2004 To: The Honorable Boynton Beach City Commission C/O: Kurt Bressner, City Manager The CRA Board formally requests the Boynton Beach City Commission grant the CRA the ability to secure debt up to the amount of $19,575,000 securéd by the CRA Tax Increment Revenues (TIF). The CRA also requests the Boynton Beach City Commission to grant a back-up pledge to support a 20-Year Tax-Exempt Bond offering primarily secured by CRA Tax Increment Revenues. A City back-up pledge would allow the CRA's debt to be issued with bond insurance and rated "AM", which is the highest tax-exempt bond rating. Such a rating will dramatically lower the interest cost to the CRA TIF and lock in complete funding for the Boynton Beach Boulevard Extension, Promenade, Riverwalk, land Acquisition and additional Public Parking in the Marina Parking Garage at current historically low interest rates. The bonds also allow the CRA to invest TIF revenues to facilitate the entire Heart of Boynton Phase One project. Because of the economic vulnerability of Tax Increment Revenues, any bonds issued by the CRA without a back-up City pledge would likely be non-rated or low rated. Under current market conditions, such a financing would likely bear an interest rate at approximately 6.00%, which is approximately 1.50% higher than the current "MA"-rated interest rate of 4.50%. This higher interest cost could result in an additional $4,000,000 in interest payments over 20 years for the CRA TIF. BOYNTON BEACH COMMUNI1Y REDEVELOPMENT AGENCY 639 E Oceon Ave, Ste, 107 Bovnton Beoch. Fl33435 Office: 561-737-3256 . Fax: 561-737-3258 '~--_.~'---<- ......-~ ----.- . -___.o.~__~. ~___~___-_ _ _.... In addition to the interest savings to the CRA TIF, the back-up City pledge provides the CRA with sufficient debt capacity to secure complete funding for the projects at today's interest rates, which are near 43-year lows. With a back-up City pledge, the CRA can issue debt with a coverage requirement of 1.35x t01.50x the CRA's last year 2003 Tax Increment Revenues. The proposed bond payment with the required coverage is approximately $1,500,000 out of the 2003 revenues of $2,400,000. Note that the 2004 CRA TIF revenues are set by the County Tax Office at $3,400,000, therefore the CRA has a current 2.6 times coverage. This coverage affords the community a piece of mind that the CRA TIF revenue stream can comfortably make the bond payments. This allows the CRA to lock in low cost, affordable payments and fund the projects in full. Without a back-up City pledge, the debt service coverage requirement would be up to 2.00x from the CRA's 2003 Tax Increment Revenues. This requirement for coverage will reduce the bonding capacity of the CRA and therefore would not provide sufficient funds to complete the projects, subjecting the projects to completion risk for the additional required amounts. Securing the funding in full at today's historically low interest rates with affordable annual payments is the most conservative approach to funding these important projects for the community. Please find attached the CRA's proposed Budget and Sources/Uses of the bond proceeds. The debt funding allows the CRA and City to move forward on critical community projects and provides future funding capacity to consider other projects as may they develop. This is in substantial contrast to the Budget the CRA passed to meet statuary regulations which limited budget expenditures to the CRA's annual TIF revenue stream. This budget is included for your review and will be used until and/or unless the City does not grant the CRA additional debt capacity. Thank you for your time and thoughtful consideration of this CRA request. Sincerely, - ?~ Jeanne Heavilin CRA Chair of the Board BOYNTON Buc... COMMUNtTY RED£VEtOPMENT AGENCY 639 E Ocean Ave Ste, 107 Boynton Beach. Fl33435 Offíce: 561-737-3256 · Fox: 561-737-3258 to 0 0 to 0> 0 0 0> ~ lO I I , d 0 to I/) 0 0 0 0 ctI to lO 0 'r"" Ü CÓ " Ó <Ii « "<:t lO 0 0 II: lO 'r"" cry 0 Ü 'r"" ~ <Ii ~ ~ ~ ~ ~ ~ 0> 0 0 0> 0 00 to 0 0 I'- 0 "<:t 00 (Yj to d , ex) 'r"" I/) 'r"" 0> I'- 00 0 to I'- I'- "<:t cry lO 00 "0 CÓ "<:t to "<:t C\/ to C 0 00 0 C\/ 0 0> 'r"" ((I 00 "<:t ~ 'r"" 00 I"';. I.Ó cry to 'r"" I'- 'r"" ~ ~ ~ ~ ~ ~ êi) lO 0 0 0> 0 0 "<:t to 0 0 I'- 0 0 "<:t C) 0 ~ (Yj 'r"" to d g. ~ Z Ü C\/ 0> I'- 00 0 I'- E +-' cry I'- "<:t, ~ q q 0> 0 C\Ì .~ I'- "<:t to "<:t 0 0 II: cry 0 C\/ 0 lO 0 C\/ ;: 0 "<:t_ "<:t "'", 'r"" 0 cry I'- .... II: a. I"- C'5 to 'r"" 'r"" "<:t C'5 W (ij C\/ 0 +-' 0 Z I- ~ ~ ~ ~ ~ ~ ::J 0 +-' c.:i C Z +-' C Q) 0 W 0 .::,c:; E +-' - 0 .... 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II: ....J ~ :¡: I- ..._c_, __.....--.-............"._o...-~-__~, .. ___ __~,~_. _~~.___ __~h. ~..w. ',~ _ ^ .. ---"--,..........,,....;,.,..,."~----·I· "--_. _."_._~.. .,,~:~~- ;\ ¿~~\ -!~ r~ \1 1. ~ " [1 . ;< H'____ ,¥ ~¥ :l >-'---"-A- ~-- ."'..- .... ''':..··-i _~'0 "':"~j-r::~~7~ -. , ::>~l:;'.o -'\ ~ . . .. . :. . . . . . Table of Contents 2004/2005 Budget Narrative ............................................. 1 2003/2004 Rollover Budget............................................. ..32 Budget Worksheets........... ...... .......................... ............ ..42 Financing..... ............... ................................................. .45 Cash Management........................................................ ..62 . 1 ~-- ~""""'-""'''''-"--'> ..--~-_.> ._ -- -_ :....._~.~_,_..________,_-t-.. City of Boynton Beach Community Redevelopment Agency Budget Workshop Projections 05/10/2004 Please find attached the Staff's proposed CRA Budget for October 1, 2004 to September 30,2005. Staff has proposed a five-year budget forecast with income and expense items as well as programs and projects. The following notes highlight all major items within the budget in an attempt to provide insight as to their origination and future destination. All budgeted items may be considered individually or as a group for discussion. Staff is projecting a "Current Year Adjusted Rollover Budget" for the balance of the 2003/2004 budget year of $3,099,507. This Adjusted Budget reflects actual expenditures and transfer of unpaid 2003/2004 line item amounts to the 2004/2005 Budget. This Adjusted Budget reflects only approved CRA Board items for roll over. The CRA received an additional $156,447 in TIF revenue for the 2003/2004 budget year. The trolley pilot program was pushed back to the 2004/2005 budget year. Additionally, Staff had budgeted funds for the Marina Parking Garage, which have been pushed back to the 2004/2005 budget year. The CBD Parking Site project will be eliminated and not be moved forward. REVENUES TIF Revenue: The CRA Revenue for this budget is based upon the tax appraiser's office projected 2003 tax roll values (final values are set in August of each year and we have had changes as late as November of the year). The CRA TIF income is derived by two factors; first is the "New Construction" within the district. This is generated by new projects receiving Certificate of Occupancy in 2003: The CRA captures the difference between the 2002 evaluation and the new 2003 appraised value. These increments are generally depicted as "New Projects." The second area of TIF revenue is generated from Real Estate appreciation in the CRA District, which is forecast by the County Tax Office. These increments are increases over the base values established at the creation and amendment of the CRA and the current tax roll value. Future TIF Projections for 2005 to 2009 are based on new projects forecasted to come to on the tax rolls and an estimated appreciation factor by the CRA. Staff is forecasting a more moderate appreciation rate from the County's rate for the five-year 2 forecasts due to concerns about sustaining the current appreciation increase in the future market place. Staff is recommending a 15% appreciation rate, which we believe is an accurate number. The County has a 19.71% increase. Staff questions the new construction and appreciation of real property valuation numbers for 2004/2005, which are forecasted by the tax office. The CRA questioned the first set of new construction values, which were $65,000,000. Subsequently, this number has been corrected by the tax office to $6,000,000. Each taxing entity that contributed to the Boynton Beach CRA is listed separately. Note that the CRA receives 95% of the increment taxes from each (See detailed Spread Sheet on page 4 of Excel). Total County Tax Office Projected TIF Income: $3,875,415 Total CRA Projected TIF Revenue: "$3,467,422 Recapture of TIF Loan Principle: The Arches will repay the principle on the proposed Incentive Loan as it comes due. Total Recapture of TIF Loan Principle 2004/2005: $ 0 TIF Loan Interest: Interest paid by the Arches on the proposed TIF Loan figured at 2%. Total TIF Loan Interest 2004/2005: $ 0 Interest Income on Reserves: Interest the CRA receives from investing reserve funds. Total Interest Income on Reserves: $ 195,215 Other Income Trolley: Staff has applied for a grant for $120,000 per year for three years from the Metropolitan Planning Council for the pilot trolley program. Staff is also budgeting $181,835 in advertising and sponsorships for the trolleys. Also note that Developer support may be enacted to fulfill the TCEA study's mass transit element. 3 .--- _._-~->-----~~--,--~-~~,-~---~------_..-~ -----.,,----~~---..--., -- -~,-->~.>..----->~--.. " ."-- ._.,,--..-_---.,...._-~~.,- Grant -Trolley $ 120,000 Advertising/Sponsorship -Trolley $ 181,835 "Congress Avenue Trolley" Revenue Sources 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Revenue MOP Grant $ 80,000 $ 80,000 $ 80,000 $ 0 $ 0 $ 240,000 Advertising $ 121,835 $ 121,835 $ 121,835 $ 141,832 $ 141,832 $ 649,169 Fares $ 0 $ 0 $ 0 $ 0 .$ 0 $ 0 Additional Grants $ 0 $ 0 $ 0 $ 60,000 $ 60,000 $ 120,000 Total Revenue $ 201,835 $ 201,835 $ 201,835 $ 201,832 $ 201,832 $ 1,009,169 "Ocean Avenue Trolley" Revenue Sources 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Revenue MOP Grant $ 40,000 $ 40,000 $ 40,000 $ 0 $ ° $ 120,000 Advertising & Sponsors $ 60,000 $ 58,000 $ 50,000 $ 50,000 $ 50,000 $ 268,000 Fares $ 0 $ 0 $ ° $ 0 $ 0 $ ° Additional Grants $ ° $ 0 $ 14,469 $ 54,571 $ 60,000 $ 129,040 Total Revenue $ 100 000 $ 98.000 $ 104 469 S 104571 $ 110000 $ 517040 System Total $ 301,835 $ 299,835 $ 306,304 S 306,403 $ 311,832 $ 1,526,209 Total Trolley 2004/2005: $ 301,835 Legal Repayment: Legal Repayment Agreement $ 2.769 Total Legal Repayment: $ 2,769 Total Other Income: $ 304.604 Net Bond Proceeds: The CRA is proposing to issue a par amount of $19,575,000 in 20;.year bonds for the financing of the CRA projects and programs. The cost of the issuance of the bonds, Underwriter Costs, Bond Insurance Premium and the Deposit Reserve Fund will be deducted from the par amount. Total Net Bond Proceeds: $17.716.868 TOTAL REVENUES FOR 2004/2005: $ 24,596,091 4 OPERATING EXPENSES Personnel Costs: This budget category includes five positions, Executive Director, Administrative Assistant, Controller, Secretary , and Bookkeeper scheduled to be added in 2004-2005. The Assistant Director is scheduled to be hired in September 2007. The attached spreadsheet includes salary, taxes, worker's compensation, health insurance, life insurance and retirement for all positions for the years 2004-2009. Four of these positions are currently budgeted and an advertisement will be placed for the Bookkeeper position on October 1, 2004. Current positions have a forecasted 3% inflation adjustment, with the exception of the Controller who will now oversee additional work and direct the bookkeeper position. The Controller will have a one-time increase of $5,000 annually for these additional responsibilities. Attached is the job description for the Bookkeeper position. This position is added to shift basic accounting functions from the Controller, so the Controller can better focus on contract issues and administration, grant preparation and administration, and Human Resources Administration. Additionally, due to the new fraud standards, the CRA will be required to have segregation within the accounting functions, which will require an additional person. Due to the fact that Health Insurance rates are different for each individual employee based on age and sex, Staff has calculated the rate per person at the highest rate not by the individual in the position at this time. Staff has calculated a 10% increase per year for 2005-2009. Workers' Compensation rates are locked at the policy start date for a period of four years. Staff does not anticipate an increase in rates for 2007 -2009 at this time. Life Insurance is term life insurance, which is locked in for 10 years at the time the policy is written. Short Term and Long Term Disability rates have been calculated with a 10% increase for future years. Retirement rates are calculated at 5% of gross payroll; however, retirement has a one year employment requirement for eligibility. Total Personnel Costs: $ 324,730 (The current budget reflects a 3% average annual increase in wages.) 5 . _'_~~__M ~~_~_____.--....=~~.~__~,<_____~___.-_ <-. .~~~--..... - ~-,- ~- -~. -,_·u_ ~-.~ PERSONNEL 2004-2005 Employers Workers SIT SEP Annual FICA Comp Health Life UT IRA Salary 7.50% $ 38.00 Insurance Insurance Disability 5% 04-05 Oirector $ 96,305.00 $ 7,222.88 $ 456.00 $ 5,963.00 $ 606.96 $ 881.00 $ 4,815.25 $ 116,250.09 Controller $ 55,925.00 $ 4,194.38 $ 456.00 S 5,963.00 $ 170.16 $ 430.00 $ 2,796.25 $ 69,934.79 \ssistant $ 44,290.00 $ 3,321.75 $ 456.00 $ 5,963.00 $ 83.40 $ 445.00 $ 2,214.50 $ 56,773.65 Bookkeeper $ 35,000.00 $ 2,625.00 $ 456.00 $ 5,963.00 $ 170.16 $ 430.00 $ 0 $ 44,644.16 Secretary $ 27,045.60 $ 2028.42 $ 456.00 $ 5,963.00 $ 0 $ 282.00 $ 1,352.28 $ 37,127.30 Total $ 258,565.60 $ 19,392.42 $ 2,280.00 $ 29,815.00 S 1,030.68 $ 2,468.00 $ 11,178.28 $ 324,729.98 PERSONNEL 2005-2006 Employers SIT SEP Annual FICA Workers Health Life UT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 05-06 Director $ 99,194.15 $ 7,439.56 $ 456.00 $ 6,559.30 $ 606.96 $ 969.10 $ 4,959.71 $ 120,184.78 Controller $ 57,602.75 $ 4,320.21 $ 456.00 $ 6,559.30 $ 170.16 $ 473.00 $ 2,880.14 $ 72,461.55 Adm. Assistant $ 45,618.70 $ 3,421.40 $ 456.00 $ 6,559.30 $ 83.40 $ 489.50 $ 2,280.94 $ 58,909.24 Bookkeeper $ 36,050.00 $ 2,703.75 $ 456.00 $ 6,559.30 $ 170.16 $ 473.00 $ 1,802.50 $ 48,214.71 Secretary $ 27,856.97 $ 2,089.27 $ 456.00 $ 6,559.30 $ 0 $ 310.20 $ 1,392.85 $ 38,664.59 Total $ 266,659.28 $19,974.19 $ 2,280.00 $ 32,796.50 $ 1,030.68 $ 2,714.80 . $13,316.13 $ 338,434.87 PERSONNEL 2006-2007 Employers srr SEP Annual FICA Workers Health Life UT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 06-07 Director $ 102,169.97 $ 7,662.75 $ 456.00 $ 7,215.23 $ 606.96 $ 1,066.01 $ 5,108.50 $ 124,285.42 (' ·')lIer $ 59,330.83 $ 4,449.81 $ 456.00 $ 7,215.23 $ 170.16 $ 520.30 $ 2,966.54 $ 75,108.88 I- Assistant $ 46,987.26 $ 3,524.04 $ 456.00 $ 7,215.23 $ 83.40 $ 538.45 $ 2,394.98 $ 61,153.75 Bookkeeper $ 37,131.50 $ 2,784.86 $ 456.00 S 7,215.23 $ 170.16 $ 520.30 $ 1,856.58 $ 50,134.63 Secretary $ 28,692.68 S 2,151.95 $ 456.00 S 7,215.23 $ 0 $ 341.22 $ 1,434.63 $ 40,291.71 Total $ 274,312.25 $ 20,573.42 $ 2,280.00 S 36,076.15 $ 1,030.68 $ 2,986.28 $ 13,715.61 $ 350,974.39 PERSONNEL 2007-2008 Employers srr SEP Annual FICA Workers Health Life UT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 07-08 Director $ 105,235.07 $ 7,892.63 $ 456.00 $ 7,936.75 $ 606.96 $1,172.61 $ 5.261.75 S 128,561.78 Ass!. Director $ 68,000.00 S 5,100.00 $ 456.00 $ 7,936.75 $ 238.85 S 572.33 $ 0 $ 82,303.93 Controller $ 61,110.76 S 4,583.31 $ 456.00 $ 7,936.75 $ 170.16 S 572.33 $ 3,055.54 $ 77,884.91 Adm. Assistant $ 48,396.88 $ 3,629.77 $ 456.00 S 7,936.75 $ 91.47 $ 592.30 $ 2,419.84 $ 63,523.28 Bookkeeper $ 38,245.45 $ 2,868.41 $ 456.00 $ 7,936.75 $ 170.16 $ 572.33 $ 1,912.27 $ 52,161.37 Secretary $ 29,553.46 $ 2,216.51 $ 456.00 S 7,936.75 $ 0 $ 375.34 $ 1 ,477.67 $ 41,015.73 Total $ 350,541.61 $ 26,290.62 $ 2,736.00 $ 47,620.52 $ 1,277.87 $ 3,857.24 $ 14,127.08 $ 446,450.94 PERSONNEL 2008-2009 Employers SIT SEP Annual FICA Workers Health Life UT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 08-09 Director $ 108,392.13 $ 8,129.41 $ 456.00 $ 8,730.43 $ 606.96 $ 1,289.87 $ 5,419.61 $ 133,024.40 P ìirector $ 70,040.00 $ 5,253.00 $ 456.00 $ 8,730.43 $ 238.85 $ 629.56 $ 3,502.00 $ 88,849.84 CL. ..Jller $ 62,944.08 $ 4,720.81 $ 456.00 $ 8,730.43 $ 170.16 $ 629.56 $ 3,147.20 $ 80,798.24 Adm. Assistant $ 49,848.79 $ 3,738.66 S 456.00 $ 8,730.43 $ 91.47 $ 651.52 $ 2,492.44 $ 66,009.58 Bookkeeper $ 39,392.81 $ 2,954.46 S 456.00 $ 8,730.43 $ 170.16 $ 629.56 $ 1,969.64 S 54,303.06 Secretary S 30,440.06 $ 2,283.00 $ 456.00 $ 8,730.43 $ 0 $ 412.88 $ 1,522.00 $ 43,844.37 "T"_.l._1 ,... ,..,.,....~ ..r.r""'7r\ '" n...,. ,......,.,...,..,... ".. n..,.",....,..,,., .... ~,..., roo..... ~...,. ".. .. ,..,....,...,.,..,...., If' A n..n ,..,,... .... <to ....rn n,., ". ..",.. n,..." An Professional Services: Legal: The CRA is budgeting $75,000 for 2004-2005 Legal Services based upon the average of $6,250 per month. Legal Service spending was an average of $5,609 per month for 6 months in 2003-2004. Additionally, Staff is recommending a legal reserve of $100,000 for special projects. Total Legal Services: $ 175,000 Lobbyist: Staff is recommending a joint venture partnership with the City of Boynton Beach for State and Federal lobbying, which is becoming increasing important to the CRA and our activities. Additionally, if we join with the City of Boynton Beach, the CRA gets greater input. Total Lobbyist Services: $ 30,000 City Staff: The CRA has retained the services of the City Clerks Office for recording the minutes. The budget of $7,500 was based upon the average of $625 per month. The City Staff average for 2003-2004 was $525 per month for 6 months. Total City Staff: $ 7,500 Contracted Services: The CRA will retain contracted service for projects specified in the 2003-2004 budget and projected projects for the 5-year budget. Staff is recommending a project reserve for additional projects the CRA wishes to take on but is unknown at this time. The following new projects are projected for the 2004/2005 year: Seacrest Corridor Study $ 45,000 Project Reserve TBD $ 10,245 Total New Projects 2004/2005 $ 55,245 7 ,--,---~.. . .--- _.- ...~-"""--.....- ,_ ___~ _~__o_~__¥-" _____--{> Contracted Services CRA Projects Current and Proposed Contract Current Billed to Expected Rolled onto Rolled onto Rolled onto Contract Date to Bill 03- 04-05 05-06 06-07 04 Design Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0 BBB Phase I $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0 BBB Phase II $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0 Master Plan $ 150,000 $ 9,000 $ 16,000 $ 125,000 $ 0 $ 0 Expenses for RMPK $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0 Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0 TCEA $ 104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0 Jonathan Ricketts $ 294,840 $ 17,507 $ 60,775 $ 52,255 $ 83,394 $ 80,909 RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0 Total $ 665,590 $175,855 $164,362 $ 219,755 $ 83,394 $ 80,909 . Current Contracts Rollover $ 219,755 New Contracts 2004-2005 $ 55.245 Total Contracted Services $ 275,000 Audit: The CRA will enter into a contract with an outside CPA firm in 2003 and will carry forward for a period of three years with an extension of two years available. The base fee is projected at $5,900 for 2003,2004 and 2005 with an extension for 2006 and 2007. Staff is also proposing to leave $2,600 in the event that extra services are needed for year one and two as needed. Total Audit Services: $ 8,500 IT Support: The City's IT Department will provide for support, service and maintenance for our computer hardware, software and internet as per the approved 2003 contract. The budget for 2004-2005 contains: City of Boynton Beach IT support $ 13,000 Carillon Accounting Software $ 1,500 Miscellaneous Needs $ 1.500 Total IT Support: $ 16.000 Staff has calculated a 5% increase per year for future budgets. Total Professional Services $ 512,000 8 Office: Rent: The CRA is proposing to continue to lease in the existing space for the 2004-2005 budget year. Year 1 Rent $1,600.00 x 12 = $ 19,200 Total Rent $ 19,200 Future Projections - 2005 to 2009 The CRA is proposing leasing or purchasing offices in the 2005- 2006 fiscal year with 3,000/ $24 a sq. ft. of office space year rent. Year 1 Rent $6,000.00 x 12 = $ 72,000 Year 1 CAM $ 250.00 x 12 = $ 3,000 No increase years 3 through 5 $ 75,000 Maintenance and Cleaning: The category of Maintenance and Cleaning will include cleaning of the CRA offices, repair and maintenance of the equipment and offices. The maintenance and cleaning was calculated at: Cleaning of offices $165 per month x 12 $ 1,980 Repair on Equipment Printer $400 per quarter $ 1,600 Equipment per year $ 250 Repair on Office Space $ 270 Total Maintenance & Cleaning: $ 4,100 Office leasehold Improvements: In the anticipation of the proposed move of the CRA offices in 2005 - 2006, Staff is anticipating a minimal cost, which may be needed for the existing offices to meet the needs of the CRA. Total Office leasehold Improvements: $ 750 9 ".._,.___.__~,..,,,,,,.___-..o--->~o_< '.=~_ ~ --- -~~-_."---"""--<-~ --j~ -------~_.~ ""~..-~ Office Moving Expenses: Staff is proposing to move the office in 2005-2006. Staff is calculating $2,000 for moving services for the CRA office and $7,500 to move the IT equipment. Total Office Moving Expenses 2004/2005: $ 0 Total Office Moving Expenses 2005/2006: $ 9,500 Phone: Cell phones $111.00 x 12= $ 1,332 T-1 line $241.50 x 12= $ 2,898 Phones $355.84 x 12 = $ 4,270 Total Phone: $ 8,500 5% increase years 2 through 5 . Electric: Year 1 Electric $180.00 x 12 $ 2,160 Total Electric: $ 2.160 Total Office: $ 34,710 Equipment Leases: The CRA is now leasing the copier and the postage machine. The contract on the copier is a three-year contract and the postage machine is a year- to-year contract. Copier $343 per month - three year lease ends 10/05 $ 4,117 Postage $31.95 per month - one year lease $ 383 Total Equipment Leases: $ 4,500 10 Insurance: The CRA's General Liability Insurance coverage provides coverage of all employees. The property insurance covers the contents within the CRA office. The CRA also carries a Surety Bond and Professional Insurance for the CRA and employees. Property/General Liability $ 2,051 Surety Bond $ 400 Professional $ 4.049 Total Insurance: $ 6,500 Insurance is calculated at 10% increase years two-five. Travel/Entertainment Expenses: Promotional/Business Meetings: . The CRA attends business meetings with Developers, Community Groups and Professional Organizations to promote the work of the CRA and the betterment of the City of Boynton Beach. Total Promotional/Business Meetings: $ 4,500 CRA Meeting/Events: Staff is projecting several CRA Board Workshops and Events throughout the 2004-2005 year that we will produce or host. These events include the CRA/City Commission meetings, large project workshops for multiple developers and CRA Board purchase of a table for an event. Total CRA Meetings/Events: $ 2,150 Association Meetings & Seminars: It is proposed that the CRA attend the Annual Florida Redevelopment Association Conference scheduled October 2005 in St. Petersburg, Florida. Staff and Board Members will attend the conference in order to increase and update their knowledge of redevelopment and emerging issues and trends in Florida. The Florida Government Financial Officers Association (FGFOA) School of Accountancy, which is held in Ponte Vedra Beach 2004 in Fort Lauderdale, and the Annual Meeting held in Hollywood, Florida May 2005, will be attended by the Controller in order to 11 - ----~_._.~-- ^ ~,--->,---",,",<-""--~.'->- _··.·_0· __.~ _ __0_ ~~____ _- ,~..-_ _¥___ _, ~--t. increase and update her knowledge on Government Finance in Florida. Staff is proposing attending 1 National (1 person attending) and 4 Regional (4 people attending) ULI Conferences and one additional seminar for educational development. Annual Conference for Florida Redevelopment Association to be held in St. Petersburg (8 people with 2 cars driving) Conference Registration ($275) $ 2,200 3 Meals per day ($41 ) $ 328 Mileage (400 x $.31 x 3 cars) $ 372 Hotel ($149 x 8 rooms x 3 days) $ 3,576 Total $ 6,476 1-Urban Land Institute National (1 person) . Conference Registration ($470) $ 470 Hotel ($150 x 3 days) $ 450 Meals ($41 x 3 days) $ 123 Air Fare ($600 x 1) $ 600 Miscellaneous $ 602 Total $ 2,245 4-Urban Land Institute Regional (4 people) Conference Registration ($190) $ 760 Mileage ($150 x $.31 x 2 cars) $ 86 Meals ($41 x 4 people x 4 days) $ 656 Total $ 1,502 FGFOA - Annual Conference (1 person) Registration $ 260 Meals ($41 x 5) $ 185 Miles (100 x $.31 x 5 days) $ 155 Total $ 600 Staff is allotting $399.00 for Association meetings, which would be Chamber of Commerce luncheons and FGFOA luncheons. Total Association Meetings & Seminars: $ 11,222 12 Mileage & Delivery Services: Mileage & delivery services include Federal Express, UPS and the US Post Office for package to and from the CRA. The average for the first six months was $90 per month. The CRA will be obtaining information on several delivery services for package of the CRA in order to obtain the best price. Total Mileage & Delivery Services: $ 1,080 Car Allowance Director: The Director is allotted a car allowance of $3,708 per year. We are factoring in a 3% increase for inflation. Total Car Allowance Director: $ 3.708 Total Travel/Entertainment Expenses: .$ 22,660 Office Equipment & Supplies Office Expenses: The CRA Board supplies, office drinks, paper products and cleaning supplies are accounted for under Office Expense. The average office expense is $120 per month for 2003-2004. Total Office Expenses: $ 1,500 Office Supplies: The CRA office supplies are pens, paper, disk, ink and general office products. The average office supplies is $825 per month for 2003-2004. Total Office Supplies: $ 9,500 Office Equipment/Furniture: The CRA will need a computer, an additional accounting software license and desk setup for the Bookkeeper. Additionally, Staff is recommending the purchase of a new printer to print checks and laptop computer, which will be used when Staff is traveling for CRA business or training. Computer-CPU, Monitor & Key Board $ 1,100 Accounting Software License $ 1,000 Office Furniture & Upgrade $ 2,500 13 ,.............~... ~~..... . .~_., ~--""-,'~-- ---->=--. .-- -~. . Color Laser Printer $ 3,000 Printer-Checks $ 500 Laptop $ 1.900 Total Office Equipment/Furniture: $ 1 0.000 Total Office Equipment/Supplies $ 21,000 License, Books, Publication: Licenses, Fees, Permits: The CRA will incur expenses for licenses, fees or permits which are not project related. Total Licenses, Fees, Permits: $ 1 ,250 Memberships & Publications: . The CRA also uses several publications in general every day operations, for grant sources, business incubator ideas and trends for redevelopment within CRA Areas. Membership/Subscriptions: Chamber of Commerce $ 225 FRA $ 595 ULI $ 475 Chronicle of Philanthropy $ 70 Palm Beach Post $ 133 Sun Sentinel $ 168 PB Convention & Visitors Bureau $ 750 FGFOA $ 35 GFOA $ 170 The Florida Business Journal $ 96 Downtown Idea Exchange $ 185 Downtown Promotion Reporter $ 185 HR Specialist $ 97 International Downtown Association $ 800 Total Membership/Subscriptions: $ 3,984 Books & Publications: Reference Books, Information Sources, etc. $ 1.000 Total Books & Publications: $ 1.000 14 Total Licenses, Books, Publication: $ 6,234 Advertising - Public & Legal Notices: During the year, the CRA will need to advertise and place public and legal notices, which are not project related, for the general needs such as workshops, ordinances, etc. $1,500 has been proposed for 2004-2005. Total Advertising $ 1,500 Career Development: The CRA is proposing $3,000 for career development of the CRA Staff. FRA - CRA Certification Program (3 people x 3 classes) Registration ($85) $ 765 Meals ($41 x 3 people x 3 classes) "$ 369 Mileage (80 x $.31 x 3 days) $ 74 Total $ 1,208 FGFOA - School of Government Accounting (1 person) Registration $ 190 Meals ($41 x 5) $ 205 Miles (100 X $.31 x 5 days) $ 155 Total $ 550 Reserve To Be Determined $ 1.242 Total Career Development: $ 3,000 Office Printing: Office Printing Expense: CRA Office Printing includes envelopes, letterhead, business cards, printing for reproductions of maps, prints, large scale scanning, pictures of larger sizes or JPEGS format for the project books and CRA projects for a total of $2,500. Total Office Printing Expense: $ 2,500 Newsletter - Quarterly: Staff is proposing a quarterly newsletter, which will be produced by third party with printing and distribution in-house. Printing In-kind Sponsorship 15 _~'_r__~__. ~-_. ._,--...<..---~,,,.....--- - ,,- - -~<~~-.. ~~.~----«-"- --~ Layout In-kind Sponsorship Mailing In-kind Sponsorship Labeling In-kind Sponsorship Miscellaneous - $625 per quarter $ 2,500 Total Newsletter: $ 2,500 Printing - Annual Reports, Brochures: Staff is proposing the development of a set of brochures explaining CRA services, information on the redevelopment within the CRA area and an annual report for the public. These publications will be developed and printed by an outside source for a total of $15,000. Total Printing: $ 15.000 Total Office Printing: .$ 20,000 Debt Service: Loan Payment: The CRA has a loan with Bank of America. The starting balance as of October 1, 2004 is $2,616,351.08 at a 6.56% interest rate. Total Loan Payment: $ 317,298 2004-2005 Bond Principal and Interest: The CRA is proposing to issuance of 20-year bonds for CRA Projects and Programs. 2004-2005 Bond Principal and Interest: $ 429,308 Total Debt Service: $ 746,606 TOTAL OPERATING EXPENSES: $1,704,440 16 PROGRAMS Website Maintenance and Expansion: The CRA started the website in 2002-2003 with the basic designs and some features. The website was completely developed in 2003-2004. The CRA is proposing to expand our website to include graphics on projects and links to project sites, links to the City of Boynton Beach and other advanced features in 2004-2005. Staff has budgeted a cost of $15,000 to maintain the site. Total Website Maintenance and Expansion: $ 15,000 Police: Staff initialed a pilot program, the CRA police program, which was on contact for the fiscal year 2003-2004. Future year's contracts are not automatically approved or extended. Heart of Boynton: The CRA and Boynton Beach Police Department entered into a pilot program for special police within the "Heart of Boynton" and the "Central Business District" boundaries. Zone three is that area within the CRA bounded by the C-16 canal on the north, Boynton Beach Blvd. on the south, 1-95 on the west and the Intercoastal Waterway on the east. This is an area that for many years experienced a high volume of police activity and calls for service. The CRA Board will receive a full report from the Boynton Beach Police Department on the progress of the CRA Special Police. The budget for two officers and related costs is $175,000. Central Business District: Due to the influx of visitors as well as the new construction within the downtown and Marina redevelopment area, the CRA Board approved a contract between the CRA and the City of Boynton Beach for special police. The CRA Board will receive a full report from the Boynton Beach Police Department on the progress of the CRA Special Police. The budget for two officers and related costs is $175,000. Note that the first expenditures for the program in 2003/2004 had a large share of the funding for equipment. 2004/2005 can see 17 __~~_A o-.....~<...~- . ,_ ._-..>p:~_"'-_-<____,~___ - ~,-".-~,--- . .. --,----,--......~~--._~.-.__._,---- - additional officer time or number for the same funding amount due to a lesser amount of funding being expanded for equipment. Total Police Program: $ 350,000 Tra nsportationlTrolley: Staff is proposing this as a pilot program, which is on contract and can be modified and / or cancelled at any given time. Future years' contracts are not automatically approved or extended. The CRA is proposing a trolley system to help move people around the Central Business District to avoid the congestion within high-density areas and to transport workers from the Heart of Boynton to jobs located on Congress Avenue as well as other areas of Boynton Beach. We are proposing to contract for services of system operation. The proposed shuttles, of which there are three trolleys for t~o routes, will provide transportation 5 days a week with traditional quality vehicles, a high caliber staff and a strong management team. Staff is proposing two routes; the Ocean Avenue Trolley and the Congress Avenue Trolley. The Ocean Avenue Trolley is a local circulator which will transport people to parking areas at City Hall and the Civic Center, thereby relieving traffic congestion and parking issues. The Trolley route is proposed as a 15 minute loop from the Marina to the Civic Center and City Hall and back. The trolley would run Thursday through Sunday. All vehicles are the correct passenger size to move substantial number of passengers but is nimble enough to maneuver around downtown. The contractor will be required to be fully licensed and insured. The Congress Avenue Trolley is a local circulator which will transport workers from the Heart of Boynton and downtown Boynton Beach to Tri- Rail and employers located on Congress Avenue. The Trolley route proposed would circulate through the Heart of Boynton up to Gateway past Village Royale on the Green and Village Royale over to the Tri-Rail Station and on to the Boynton Beach Mall and businesses on Congress Avenue. These vehicles are enclosed versus open style of trolley used in the Ocean Avenue Trolley. The trolley will be able to move a substantial number of passengers but will be nimble enough to maneuver around downtown. The Contractor will be required to be fully licensed and insured. The proposed trolley budget for 2004-2005 is $471,966, which includes $170,131 CRA contribution, $120,000 Metropolitan Planning Organization (MPO) Grants, and $181,835 advertising and sponsorships. Staff has applied for a three year grant of $120,000 per year for three trolleys with the MPO, which will meet on July 28, 2004 to approve the 18 grant recipients and award contracts. Staff will also bring forward an advertising and sponsorship plan to help with trolley funding. Exact scheduling will be developed with the area businesses and parking needs assessment. "Congress Avenue Trolley" Expenses Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Driver $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 364,000 Cleaning $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 5,000 Fuel $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 117,000 Maintenance $ 25,935 $ 25,935 $ 25,932 $ 25,932 $ 25,932 $ 129,666 Total Variable Cost $ 123,135 $ 123,135 $ 123,132 $ 123,132 $ 123,132 $ 615,666 Fixed Cost Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 9,000 Shelters & Benches $ 0 $ 0 $ 0 $ 0 $ 5,000 $ 5,000 Trolley $ 96,000 $ 96,000 $ 96,000 $ 96,000 . $ 96,000 $ 480,000 Insurance $ 21,600 $ 21,600 $ 21,600 $ 21,600 $ 21,600 $ 108,000 Storage $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 18,000 Administration $ 500 $ 500 $ 500 $ 500 $ 500 S 2,500 Management $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 360,000 Total Fixed Cost $ 193,700 $ 193,700 S 193,700 $ 193,700 $ 193,700 $ 968,500 Total Cost Congress $ 316,835 S 316,835 S 316,832 $ 316,832 $ 316,832 $ 1,584.166 "Ocean Avenue Trolley" Expenses Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Driver $ 38,223 $ 40,131 $ 42,151 $ 44,253 $ 46,465 $ 211,223 Cleaning $ 3,380 $ 4,096 $ 3,380 $ 3,380 $ 3,380 S 17,616 Fuel $ 12,285 $ 12,285 $ 12,984 S 12,285 $ 12,285 $ 62,124 Maintenance $ 3,443 $ 3,413 $ 3,413 $ 4,010 $ 3,798 $ 18,077 Total Variable Cost $ 57,331 $ 59,925 $ 61,928 $ 63,928 $ 65,928 S 309,040 Fixed Cost Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 9,000 Shelter & Benches $ $ $ $ $ 5,000 $ 5,000 Trolley $ 47,775 $ 47,059 $ 47,775 $ 47,775 $ 47,775 $ 238,875 Insurance $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 54,000 Storage $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 15,000 Management $ 31,225 $ 28,665 $ 28,665 $ 28,665 $ 28,665 $ 145,919 Total Fixed Cost $ 97,800 $ 89,524 $ 91,240 $ 91,240 $ 96,240 $ 467,794 Total Cost Ocean S 155 131 S 149 449 S 153168 S 155.168 S 162.168 S 776 834 System Total S 471.966 S 467 284 S 470 000 S 472 000 S 479 000 S 2 361 000 Total Trolley Programs: $ 471,966 19 --,.-~- _ __n _.__ ~r____......"b.:'~~<·-~ -, ,--.. . . ,..---.-~-~-., _~nJ.h.___~___~"~.'''_b --_¡;. .. Festivals & Events: The CRA is proposing three events, which include Winter Carnival, Heritage Festival and a monthly Movie Event. The CRA will seek new partnerships with the local business non-profits associations and arts community, while retaining the old partnership with the Chamber of Commerce, BOOA and the City of Boynton Beach, in order to build successful self-sufficient events. While past events continue to grow, the single most effective element to significantly expand event potential is to enrich the quality of the entertainment. Staff is committed to the development of sponsorship relationships for additional funding for national performance acts for Heritage Festival and Winter Carnival. Additionally, the quality of entertainment has been proven to be a direct driving force to the number of people who attend events. An increase in funding for better entertainment will increase the attendance which will result" in a stronger possibility for a revenue stream. That revenue stream could be a small gate fee, which will assist in attaining the ultimate goal of the CRA which is to assist our partners to develop financially independent events. Finally, staff is proposing additional funding, which will be used towards the goal of improving the quality of entertainment for the events. The current budget per event has been $7,500. Staff is recommending $12,000 x 3 = $36,000 for three events. Heritage Fest continued CRA support will result in bringing people to the redevelopment area, and improving and managing perception of the area. As with all events within the CRA boundaries, they strive to attract economic re-investment. In order to achieve this goal, events are placed in the heart of the CRA activity area, for example, the MLK area. One of many by products is the involvement of the young people in the neighborhood. The CRA funding and staff support was instrumental in achieving a recent milestone. Continued CRA support will be necessary for the event to continue to make positive strides. Support in the Heart of Boynton will assist in rebuilding the reputation of the area and shed a more positive light. Continuous events in the area will not only aid in economically rebuilding the area but help to put in perspective the perceptions about the area. HeritageFest 2005 Caribbean Night Entertainment $ 8,000 (Jamaican, Haitian, Spanish, Trinidad and Tobago) OJ/MC $ 300 Hospitality VIP Tent $ 850 Airline Tickets $ 750 Light & Sound $ 850 20 Port-a-Lets $ 250 Limousine $ 500 Total $ 12,000 The Boynton Beach Multi-Cultural Winter Carnival in past years has been a partnership between the CRA and Boynton Ocean District Association. This holiday themed carnival celebrates the diversity in culture that exists in Boynton Beach and the neighboring cities. The elements of the event, specifically the International Market Place, Talent Show Case and the Snow Volleyball Tournament, have been designed to appeal to families who celebrate Kwanzaa, Christmas and Hanukkah and increase attendance by attracting families and friends to support the competitors. Goals of the CRA are: retention of people downtown, business development and potential fundraising. Improvements for 2005 are to place significant emphasis on attaining national entertainment, reduce disconnect between the carnival rides and the rest of the event site and increase revenues corporate sponsorship and increase attendance and vendor participation. Boynton Beach Multi-Cultural Winter Carnival Kwanzaa / Hanukkah Booths $ 200 Ice Skating Rink $ 924 Snow Ice Machine $ 620 Kids Zone $ 875 Radio $ 900 MC $ 250 Production Sound $ 1,350 Port-a-lets $ 349 Photography $ 74 Trophies $ 86 Art Supplies $ 40 Entertainment $ 5,000 T-Shirts $ 232 Refreshments for the Bands $ 100 Community Family Program $ 1,000 Total $ 12,000 "Movies on the Avenue" is proposed to be a monthly event. The event would take place the second Friday of each month on the five hundred block of Ocean Avenue. Bob Katz, the owner of the lot located at 502 East Ocean Avenue, has not only granted the use of the property for the endeavor but will be addressing some elements that will make the site more conducive to the proposed use. Those elements include painting the western external wall of the building on 506 east ocean avenue for the projection of the 21 .'---'-"--~""''''- .----.-..----. _.~. -.......---.............----= ..-:--~--- ---~~ ....., -__~___..·_____h' movies and grading of the adjoining lot and finishing with mulch. The event will be free to the public. However paid elements will include: Chair rental, food and beverages (to be provided by vendors). The event will adopt a 50's /60's theme and invited participants will include local car and bike clubs. Movies will be thematic "Beach Blanket," "Elvis," "Greece," "Rebel without a Cause," etc. "Movies on the Avenue" is proposed to be a partnership among the City, the CRA and Bob Katz Properties and each partner will provide specific elements. The event was designed as replacements for the annual event know as "Wheels Weekend". For a variety of reasons the Chamber of Commerce has terminated their annual car show typically held on day two of the weekend's activities. Consequently, Saturday's events had to be redesigned. It was determined that keeping the theme would be advantageous because the "Wheels Weekend" event had developed a significant following which we hope will continue to support the new event. The proposed plan calls for seven smaller events on a monthly basis. The goal of the event is to increase economic impact in the downtown on a more consistent basis and give residents and visitors more opportunities to visit and patronize the businesses in the downtown area. When: 2nd Friday of Each Month (October, November, December, January, February, March, April) Location: 502 E Ocean Ave. Proposed Start Date: October, 2004 Movie Equipment: Contacted Southern Audio Visual License: Contacted Criterion Pictures USA and Swank Motion Pictures, Inc. Proposed Monthly Budget: LCD Projector, Sound System, Engineer $ 1,165 Movies/Licensing $ 350 3 Port-O-Let $ 225 EntertainmenVMusic/Band $ 500 Promotions/Mailings $ 100 City Generator /Staff ($32.50 per hour) $ 200 Total $ 2,540 Annual (Required sponsorship required) $ 17,780 22 Alternate Proposed Budget LCD Projector donated or sponsored Sound System, Engineer $ 265 Movies/Licensing $ 350 3 Port-O-Let $ 225 Entertainment/Music/Band $ 500 Promotions/Mailings $ 100 City Generator /Staff ($32.50 per hour) $ 200 Total $ 1,360 Annual $ 9,520 Potential Revenue Sources: Vendors, chair rental, corporate sponsorship Partners Contributions: . CRA: Promotions, Movies, Licensing, Technical Support, Equipment, Port 0 Lets, and Police Officers City: Barricades, Caution Cones, Proportional Opportunities, Trash Receptacles, Generator/staff Bob Katz Properties: Site Current Competing Events: Lake Worth 1 st and 3rd Fridays Customs: Hot Rods, Abacoa 1 st Saturday, Delray Old School Square Movie night flicks 10/29, 11/26,12/171/282/25,3/254/29 Ocean Front Concert Series: 3rd Friday of each month Festivals/Events (3@ $12,000) $ 36,000 State-of-the-CRA & Recognition Event - Attendance Projected 200 Staff is proposing the creation of an annual event "State-of-the- CRA" & Recognition Program for the 2004-2005 budget year. This program would update the public on the development, programs and projects of the CRA as well as recognition for a job well done in the following categories; Façade Improvement Project, Best New Project, Business of the Year, Sponsor of the Year, Non-Profit group of the Year, Volunteer of the Year, Board Member Service Award. 23 ..... ~. ..~ o___>_~'_A''-;''o'-___'''''-'*_< <.__,~~~__._.A_ . . ._~<_,~~~~..._...........>___._fJo_·· - Revenue Ticket sales (150 @ $45) Total Revenue $ 6,750 Expenses Entertainment $ 500 Speaker $ 2,150 Catering ($25.00 per person) $ 5,000 Promotions, invitations, etc $ 500 Award Plaques (9 @ $50) $ 1,350 Mailings $ 100 Total Expenses $ 9.600 Total "State of the CRA"(Net) $ 2,850 Festival/Event Support Programs Festival Administration and Event Manuals . After each event, an event manual is produced. The manuals are road maps that detail the logistics of each event along with sample documents and tools used in the design and implementation phases. The manuals are made available to anyone interested in viewing the information. These manuals serve a dual purpose: first, as a road map for the event, they enable planning for future years to be less difficult and cumbersome and second, they can be used by other organizations as a guide for designing successful events. Folders (6 @ $5.00) $ 30 Tabs (6 @ $7.00) $ 42 Miscellaneous $ 1 .428 Total $ 1 ,500 Sponsorship Development Program The Sponsorship Development Program is proposed to be a systemic approach to increasing sponsorship participation or the budgeted CRA events. Currently, our sponsors are committing to events on a per event basis. The program will bundle all of the events and aim to get multiple year commitments. The program will be implemented in the following phases: Creation of a marketing piece targeted to getting new corporate sponsors, contact existing sponsors and attempt to increase their level of participation and recognition for participation at the Annual "State-of the CRAn/Recognition Event. 24 Promotions (Brochures Paper 5 packs) $ 35 Mailings (5 mailings of 50 @ .37) $ 93 Miscellaneous $ 372 Total $ 500 Volunteer Development Program Boynton Beach is a city that is currently in an infancy stage as it relates to events. While historically there have been events, they have been sporadic and their growth has been impeded by many economical and social factors. As a result, a base of volunteers has not been established and more significantly not maintained. The existing groups of volunteers are dedicated however; they are weary because of the quantity of time they donate and the small size of the group. . The Volunteer Development Program is proposed as a conscious choice to develop, maintain and educate a select group of citizens to become volunteers. The program will have three phases: Identification of current sources for volunteers, design and implementation of a marketing plan and design and implementation of an interaction schedule. The program will focus on creating a group large enough in size to manage the current budgeted events and festivals identified in the CRA's Events Strategic Plan. The program will focus on continuous communication with citizens before, during and after each event. In addition, the program will create vehicles for the volunteers to provide feedback and suggestions to event organizers. Contributions will be recognized at each event wrap-up but also at the Annual "State-of-the-CRA"/Recognition Event. Promotions Brochures (Paper 5 packs) $ 35 Mailings (5 mailings of 50 @ .37) $ 186 Wrap-up Events (5 events @ $200) $ 1,029 Total $ 1 ,250 Total Festival/Event Support Programs $ 3.250 Total Festivals/Events: $ 42,100 Business Programs: The Business Genesis Program was approved on March 9, 2004. Program activities and funding for 2004/2005 will be for Phases III and V plus a Development Fair. 25 ,-_....-_-~,_. _._--~<~-~~-....-."- _~-,...,.__J,.""_,..,¡.¡.._.. Business Genesis Program Budget: Development Fair $ 1,250 Phase II $ 300 Phase III Misc. expenses $ 200 Phase IV (14 Monthly Meetings $150) $ 2,100 Phase V (Miscellaneous expenses) $ 500 Graduation Event $ 1,500 Office Expenses, Miscellaneous, Postage $ 1.000 Total Business Programs $ 6,850 Holiday & Events Street Decor: The CRA has several banner areas on main streets in the CRA area. Staff is recommending $10,000 for Holiday Decorations in cooperation with the City of Boynton Beach and $5,000 for event banners. . Total Holiday & Events Street Decor: $ 15,000 Marketing/Promotions: Public Relations Photo Display Boards (2 per event) $ 300 Appreciation Certificates (20 per event) $ 95 Promotions (Paper 5 packs) $ 35 Mailings (5 mailings of 50 @ .37) $ 95 Holiday Mailings (post cards) $ 60 Promotional Materials $ 1,000 Framing (5@$45) $ 225 Total $ 1 ,825 Neighborhood Groups and Associations (BODA, Chamber, City Events/Activities Expand Public Access to CRA Meetings, Info and Resources) Mailings (5 mailings of 135 @ $.37) $ 250 Total $ 250 Total Marketing/Promotions: $ 2,075 CRA Grant Program Commercial Façade Grants: The CRA's $56,628 for the Façade Matching Grant program has encouraged $169,775 in Private Sector investment in 2003-2004. The enhancement of existing commercial buildings ensures a complete unified look in the City of Boynton Beach. In 2002-03, we had three grant recipients and in 2003-04, we almost doubled that 26 to five recipients. Staff is projecting a 60% increase in 2004-05 for a total of six recipients @ $15,000 each for a total of $90,000 and $10,000 for the Community Youth Grant program, which is new. New Grants $ 100,000 Roll Over Grants $ 75.000 Total Commercial Façade Grants $ 175,000 Single Family Owner Occupied Residential Façade Improvements Grant: The "Single Family Owner Occupied Residential Façade Improvements Grant Program" provides a reimbursable matching grant up to $15,000 to encourage Residential Property Owners to upgrade heir properties by improving the external appearance of their homes. 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 grant can be used for such elements as Façade Reconstruction and/or Architectural Improvement; Painting, Shutters, Awning/canopies, Doors/Windows, Landscaping around the Home, Irrigation, Exterior Lighting, and Exterior Wall Repairs. Each applicant must be the owner and reside in the property. Total Single Family Owner Occupied Residential Façade Improvement Grant: $ 100,000 Economic Business Grant Match: The CRA has assumed the County's Development Regions Grant Program for the Boynton Beach CRA Area. This is a matching grant program for business development and job creation in conjunction with the Palm Beach County Economic Development Department. Generally, the match is 1/3 Applicant, 1/3 CRA and 1/3 County. The CRA has set aside funding in the Economic Business Grant Match. In 2002/2003, we had two recipients. The CRA has continued this program in 2003/04 to help local businesses compete in the changing redevelopment environment. Delray Boynton Academy received a grant for $50,000, which was matched by the County and added $805,502 into the economy with 10 new jobs created. Based upon one recipient from 2003/04, Staff is forecasting two recipients for the 2004/05 year with a grant for $100,000. 27 ~<-------~-~._~~......~..... ~.........~--..~--~ ..._'...__'.-_-A . _ ~_.~--"-_"''' _~"'-"-"'-..o:...=- ..,.__~ New Grants $ 100-,000 Roll Over Grants $ 85.000 Total Economic Business Grants $ 185,000 Existing Owner Assembly & Redevelopment Incentive Grant: The "Existing Owner Assembly & Redevelopment Incentive Grant Program" provides a reimbursable matching grant up to $15,000 to encourage the self-assembly of adjacent properties for redevelopment. Thegrant program will be available to owners who plan to cooperatively assemble properties for redevelop within 12 months of completion of the grant activity work. The aggregate area of commitment will be a minimum of 1.5 acres assembled for projects up to the MU-L zoning and 2.0 acres for projects proposed as MU-H zoning. The minimum number of different grants applicants (properties) will be three. . This grant can be used for survey, initial site planning, appraisals, legal and/or feasibility studies and other similar services for the assembled property areas. All participating property owners are sub applicants to the grant. Each sub-applicant must be listed in the grant application with the estimated costs for each of the requested activities. All costs associated as being part of an overall master assembly will be identified. Total Existing Owner Assembly & Redevelopment Incentive Grant: $ 90,000 Total CRA Grant Programs $ 550,000 Direct Incentives: The Direct Incentive Program is the CRA's primary development incentive program that is in support of the best of the best projects. Direct Incentives are generally paid after the project has appeared on the tax assessor's tax rolls. The budget line item projection reflects the maximum potential incentive per project; therefore, incentive cost may be less if scoring does not meet full impacts. Total Direct Incentives: $ 0 28 Direct Incentives Loan (Arches): The Direct Incentive Loan program is a request for upfront loading on the Direct Incentive request. This one time loan received approval by the CRA Board in November 2003. Total Direct Incentives Loan (Arches): $ 0 TOTAL PROGRAM: $1,452,991 . 29 ._ __·_~a<_~"'-'-'-_'--'~~=-"-___ . ....- ..- .-.._-.~~._---~<- -- -, - - -'-~. _.'_.--.---- -__~,_-<__"__ ~.-" <.-- ·----to."· - PROJECTS CRA Office: Staff is recommending a down payment of $300,000 for the purchase of a building or land. Total CRA Offices: $ 300,000 BBB/RiverwalklPromenade Project: Construction started in 2004 on the construction of the Boynton Beach Blvd Extension, Promenade/Riverwalk Design Build Project. Burkhardt Construction has presented the cost of $19,345,207 and completion date of April 2007 for the completion of the project. Staff has broken the cost of each phase into fiscal years and the costs for 2004-2005 are as follows: Boynton Beach Blvd. Extension $ 2,552,872 Riverwalk $ 225,383 Promenade $ 1.133.976 Total Cost for 2004-2005 years: $ 3,912,231 Staff has broken the project into cost per each phase of the project as follows: Boynton Beach Blvd. Extension $ 7,187,580 Riverwalk $ 6,426,472 Promenade $ 3.404.791 Total BBB/RiverwalklPromenade Project $17,018,843 BBB land Payment: The CRA is projected to contribute an additional $1,000,000 for the Hall Property. Total BBB land Payment: $ 1,000,000 HOB Commercial land Acquisition: The CRA will assemble projects in Phase I for redevelopment in the Heart of Boynton area. Total HOB Commercial land Acquisition: $ 2,000,000 30 Way-Finding Signage: The first round of signs for the local Business Districts, City Attractions and Facilities, Public Parking and Transportation linkage points was completed in 2003-2004. Proposed is a second round of signs in our Way- Finding Sign program. Total Way-Finding Signage: $ 50,000 Marina Parking Garage: The CRA Board approved the proposed garage to provide 70 spaces for both general public in the Marina District. The project will be completed in 2005-2006. Total Marina Parking Garage: $ 750,000 Town Square Project Development: . The funding is in partnership with the City of Boynton Beach to implement a Town Square development Program. Total Town Square Project development: $ 50,000 Savage Creatures Museum: This funding is to begin the next step towards potential establishment of the Savage Creature Museum concept in Boynton. Total Savage Creatures Museum: $ 175,000 Miscellaneous Projects: This category shall be for any special projects that may occur, which need to be completed by the CRA. Total Miscellaneous Projects: $ 45,000 NOTE: Savage Creatures, Old High School Renovation and Town Square may emerge as requiring CRA Fund Underwriting as seed or grant matching funding. These opportunities would be addressed as they occur on a case by case basis. Several options and sources for funding would be available for CRA participation, if approved by the Board. TOTAL PROJECTS: $8,282,231 31 ..--~... - .- --~--~-=--~,,,,,,,,..........-,~<--. ~--~ . -_.-~._-'- City of Boynton Beach Community Redevelopment Agency Forecast for Expenditures Ending September 30, 2004 Please find attached the projected final budget of the CRA Budget for September 30, 2004. The following notes highlight all major items within the budget in an attempt to provide insight as to our projected expenses and income through the end of September in order to finish out the 2003-2004 year. All budgeted items may be considered individually or as a group for discussion. REVENUE: . TIF Funds: TIF Funds received: $2.517.635 Total TIF Funds: $2,517,635 Interest Income: Staff is projecting $6,600.00 per month in interest based on the average of the first seven months at a declining rate. Interest Income to be received: $ 4.994 Total Interest Income: $ 48,010 TOTAL REVENUE: $2,566,360 32 EXPENSES: Personnel: This budget category includes four positions, Executive Director, Administrative Assistant, Controller, and Secretary. Salary and benefits will total $251,000 for 03-04, which is within the $253,602 budget. Personnel Cost spent to date: $ 162,061 Personal Cost to be spent $ 92.145 Total Personnel: $ 254,206 Professional Services: The following services and studies have been contracted for the remainder of the 2003-2004 Budget Year: Legal spent to date: $ 43,150 Legal to be spent: $ 33,592 Total Legal $ 76,742 . City Staff spent to date: $ 2,907 City Staff to be spent: $ 3,093 Total City Staff $ 6,000 Contracted Services spent to date: $ 175,856 Contracted Services to be spent: $ 164.361 Total Contracted Service $ 340,217 Contract Current Billed to Date Expected to Rolled onto Rolled onto Rolled onto Contract Bill 03-04 04-05 & New 05-06 & New 06-07 & New Projects Projects Projects Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0 BBB Phase I $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0 BBB Phase II $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0 Master Plan $ 150,000 $ 9,000 $ 16,000 $ 125,000 $ 0 $ 0 Expenses $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0 Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0 TCEA $ 104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0 Jonathan Ricketts $ 294,840 $ 17,507 $ 60,774 $ 52,255 $ 83,394 $ 80,909 RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0 Total $ 705,590 $175,856 $164,361 $ 219,755 $83,394 $ 80,909 33 ._v___o_...-...,--"'--_-,· ~____......'~"__.___n.__~> ., ,-~. -.--=.<,~ --..~ <~&~,..,·_·--I- Audit spent to date: $ 5,975 Audit Services to be spent : $ 1,525 Audit Total $ 7,500 IT Support spent to date: $ 1 0,455 IT Support move to new office $ 1,500 IT Support to be spent: $ 2,905 IT Support Total $ 14.860 Total Professional Services 2003/2004: $ 445,319 Contracted Services rolled in 2004/2005 $ 219,755 Office Lease/Utilities: The CRA is now leasing offices from Gene Moore with the office, conference area, and workspace within the same room. Rent spent to date: $ 9,301 Rent to be spent: $ 4,811 Total Rent $ 14,112 Maint. & Cleaning spent to date: $ 2,526 Maint. & Cleaning to be spent: $ 824 Total Maint. & Cleaning $ 3,350 Office Leasehold Services spent to date:$ 0 Office Leasehold Services to be spent: $ 1,500 Total Office Leasehold Service $ 1,500 Phone spent to date: $ 3,839 Phone to be spent: $ 3,961 Total Phone: $ 7,800 Office Moving spent to date: $ 0 Office Moving to be spent $ 2,250 Total Office Moving $ 2,250 Electric spent to date: $ 1,382 Electric to be spent: $ 493 Total Electric $ 1.875 Total Office Lease/Utilities 2003/2004: $ 30,887 34 Equipment Leases: The CRA is leasing the copier and a postage machine. The contract on the copier is a three-year contract and the postage machine is a year-to-year contract. Equipment Lease spent to date: $ 2,559 Equipment Lease to be spent: $ 1.797 Total Equipment Lease: $ 4,356 Insurance: All insurance have been spent to date for the 2003-2004 budget year. Property/general spent to date: $ 1 ,438 Bond spent to date: $ 373 . Professional spent to date: $ 3.900 Total Insurance: $ 5,711 Travel/Entertainment Expenses: The CRA attends business meetings with developers, community groups, and professional organizations to promote the work of the CRA and the betterment of the City of Boynton Beach. The following amounts have been budgeted for the remainder of the 2003-2004 Budget Year. Promotional/Business spent to date: $ 2,180 Promotional/Business to be spent: $ 2,620 Total Promotional/Business $ 4,800 CRA Meetings/Events spent to date: $ 1,075 CRA Meetings/Events to be spent: $ 1.925 Total CRA Meetings/Events $ 3,000 Association Meetings spent to date: $ 4,684 Association Meetings to be spent: $ 2,555 Total Association Meetings $ 7,239 Mileage & Delivery spent to date: $ 687 Mileage & Delivery to be spent: $ 393 Total Mileage & Delivery: $ 1,080 Call Allowance spent to date: $ 2,215 Call Allowance to be spent: $ 1,385 Total Call Allowance $ 3.600 35 .J~__ . ~ --¡ ·a ~- _O~_""'~~"--C_~__'"'-"_'''''' _ . . "",.--<-,,--~.. ~_'-<._ o_~_." Total Travel/Entertainment Expenses: $ 19,719 Office/Equipment Supplies: The following amounts have been budgeted for the remainder of the 2003-2004 Budget Year. Office Expense spent to date: $ 714 Office Expense to be spent: $ 786 Total Office Expense $ 1,500 Office Supplies spent to date: $ 6,423 Office Supplies to be spent: $ 2,577 Total Office Supplies: $ 9,000 Office Equipment spent to date: $ 1,568 Office Equipment to be spent: $ 5,932 Total Office Equipment $ 7.500 . Total Office/Equipment Supplies: $ 18,000 Advertising & Public Notices: The CRA has budgeted $3,365.50 for advertisement and placement public notices, which are not project related. Advertising & Public spent to date: $ 635 Advertising & Public to be spent: $ 1,365 Total Advertising & Public Notices: $ 2.000 Licenses, Membership & Subscription, Books & Publication: The CRA can incur expenses for licenses, fees, or permits which are not project related. The CRA also uses several publications in general every day operations, for grant sources, business incubator ideas, and trends for redevelopment within CRA Areas. Licenses, Fees, Permits spent to date: $ 275 Licenses, Fees, Permits to be spent: $ 975 Total Licenses, Fees, Permits $ 1,250 Memberships spent to date: $ 2,010 Memberships to be spent: $ 1,842 Total Memberships: $ 3,852 Books & Publications spent to date: $ 333 Books & Publications to be spent: $ 167 Total Books & Publications: $ 500 36 Total Licenses, Membership & Subscription Books & Publication: $ 5,602 Career Development: The CRA has proposed to spend $1,000 on career development of the CRA Staff, which benefits the CRA and the general public. Career Development spent to date: $ 1,357 Career Development to be spent: $ 2.643 Total Career Development: $ 4,000 Office Printing Expense: The CRA produces projects books broken down into North and South Federal Highway, Boynton Beach Blvd, Heart of Boynton and the Central Business District. . Office Printing spent to date: $ 275 Office Printing to be spent: $ 975 Total Office Printing $ 4,500 Newsletter spent to date: $ 0 Newsletter to be spent: $ 0 Total Newsletter: $ 0 Printing Annual Reports spent to date: $ 980 Printing Annual Reports to be spent: $ 16,520 Total Printing Annual Reports: $ 17.500 Total Office Printing Expense: $ 22,000 Debt Service: The CRA has a loan with Bank of America and will have a loan payment due in September, which is budgeted in the 2003-20004 Budget Year. Debt Service spent to date: $ 150,878 Debt Service to be spent: $ 166.420 Total Debt Service: $ 317,298 TOT AL EXPENSES: $1,129,598 37 -. - --~-~=-~.............. ~-.....: ._--,._.."....------....--...~ ' .>. ___._ ~ .h_.__ _. __,. PROGRAMS Web Site Development: Web Site spent to date: $ 9,950 Web Site to be spent: $ 10.050 Total Web Site: $ 20,000 Police: Police spent to date: $ 0 Police to be spent: $ 250.000 Total Police: $ 250,000 Festivals &Events: The CRA is also proposing a business . program to help local business compete in the emerging CRA market with in the 2003-2004 year. Festivals &Events spent to date: $ 23,144 Festivals &Events to be date: $ 6.856 Total Festivals &Events: $ 30,000 Total Business Development: Business Development spent to date: $ 0 Business Development to be spent: $ 15.000 Total Business Development: $ 15,000 Holiday & Events Street Decor: Holiday & Events Decor spent to date: $ 0 Holiday & Events Decor to be spent: $ 5.000 Total Holiday & Events Street Decor: $ 5,000 38 Façade Grants: This program was established as a matching grant programs dollar for dollar up to $15,000. Façade Grants spent to date: $ 18,253 Façade Grants to be spent: $ 16.747 Total Façade Grants: $ 35,000 Façade Grants Roll Over 2004/2005 $ 75,000 Economic Development Grants: This program was established as a matching grant programs dollar for dollar up to $50,000. Economic Development Grants to date: $ 0 Economic Development to be spent: $ 0 Total Economic Development Grants: $ ° . Economic Development Grants Roll Over 2004/2005 $ 100,000 TOTAL PROGRAMS $ 355,000 39 ....~. .,...... .___4~~__·~'. - . ---- -..--~..'~' ,.. -. ~--...._. -.-~->--,~.--~-~---~~ . PROJECTS BBBf RiverwalklPromenade Projects: Construction has begun on the Boynton Beach Extension/Riverwalk/and Promenade Design/Build Project. BBB Blvd to date: $ 669,767 BBB Blvd to be spent: $1.718.048 Total BBB Blvd $2,387,815 Promenade to date: $ 0 Promenade to be spent: $ 113.797 Total Promenade: $ 113,797 Riverwalk spent to date: $ 0 Riverwalk to be spent: $ 113.797 . Total Riverwalk $ 113,797 HOB Land Acquisition: HOB Land Acquisition spent to date: $ 7,058 Riverwalk to be spent: $ 342.942 Total HOB Land Acquisition: $ 350.000 Way-Finding Signage: The CRA is completing Phase 2 and Phase 3 of the Way-Finding Signage Program. Way-Finding Signage spent to date: $ 43,515 Way-Finding Signage to be spent: $ 16.936 Total Way-Finding Signage: $ 60.451 Miscellaneous: The CRA has contracted with Reelization, Inc for Mass Modeling services. Miscellaneous spent to date: $ 0 Miscellaneous to be spent: $ 30.000 Total Miscellaneous: $ 30.000 40 Savage Creatures Complex: The CRA has contracted with the Baker Leisure Group for an outside Feasibility Study. 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I~ 0 0 õ ~ « 0 () "* .... 0:: Q) en <\I 0 Q) I:: Q Q) ::> IL 0 0.. <\I UJ II) W W .... <\I "C "C 0 0 en 0:: Õ ¡::: w 0 m , m ·0 w ma> 0 IJ) :E () èï.i 5 Q) <\I .0 ~ ~ I"ª ïü U (!) 'E I:: I:: m -¡¡¡ ã: .... w .... ., :E .....m 0:: @ w Z 0 ïü 5 .L: ã: 0 Q I:: I:: 0 <\I '" Q) <\I I:: 0 ;¡¡ UJ 0:: Z 0 o E (!) ::> 0:: 0 <\I <\I !~ ;¡¡ I:: a> ;¡¡ E I 0 (;; <5 z a. 0.. 0:: L~ ïü IL 0 0 m ~ <\I .~ .J::. <\I Q) ~ '" I:: <\I ::J '" 0 a. 0.. w 0.. 0 ...J ¡::: m ~ 0:: <\I 0 0 0 0 .J::. ...J :> Q) "C ~ 0:: zuo.. ~ ~ « -~ :::¡¡: 0 m U :::¡¡: ..;¡: u ã: I- :::¡¡: I- ~ 5 I:: 0 « « 0:: ~ Ü:I- l:iif- IL I- W IL IL IL ::> w - 0 0 ¡::: > z ¡::: ¡::: ¡::: 0 z ¡::: .... z . . .._--~ ____~____."""_~_...'"'_"...w~. --'_. .-~. ._-.~- ~ CAPITAL FUNDING AND CASH MANAGEMENT OPTIONS PREPARED FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY . AUGUST 18,2004 RBC Dain Rauscher /-J .:)' . . . . . . . . . . . . - . . ... . . - ~ . . . . . . . . RBC "'I'.~I\ ... ~ ;~ . . RBC -=~ As Financial Advisor to the Boynton Beach Community Redevelopment Agency (the "CRA"), RBC Dain Rauscher (" RBC Dain") was asked to review the capital funding options available to the CRA. Specifically, we were asked to review the following areas related to developing the CRA' s Capital Plan: · Short-term and long-term funding options for projects utilizing projected cash available and potential debt fmancings · Debt capacity over the next five years based upon the CRA' s current budget · Financing alternatives if debt is considered We have previously submitted preliminary fmancing options for discussion with the CRA. Based on feedback provided and updated project amounts, the following are revised alternatives for the CRA's consideration. DEBT CAPACITY The CRA requested that we provide debt capacity calculations for each year in the BuØget Projection. Based on the CRA's projected Tax Increment Revenues, a AAA-rated debt with a back-up City pledge and a 1.35x debt service coverage requirement and taking into account the CRA's existing loan payment, the CRA's debt capacity in each year for both I5-year and 20-year fmancings is as follows: \111111..1 IkIJll apaUl.\ . .--- -- -. .~-.- ------ --.---- -"-'"--.r,,"'-;¡-"---·_;-~-·"·----- -,.--------...~---.,->'--~-":~.",--.----.-',-...:'-.'..>-------- -- ------- ---------.-. C1Ìí:ten,t ilré}it: ·..1{~;'{Ïi'1 ¥~Ät:',2 c.Y;e~3 YearA YearS TIP Revenues $ 2,517,635 $ 3,467,422 $4,475,767 $5,500,285 $ 7,403,167 15- Year Debt Capacity* $17,315,000 $8,225,000 $ 8,980,000 $ 9,450,000 $16,615,000 20-Year Debt Ca acit * $20,740,000 $9,080,000 $9,830,000 $10,175,000 $18,305,000 *Financing capacity based on prior year's Tax Increment Revenues. Capacity amounts include funding of Costs of Issuance and a Debt Service Reserve Account. Based on current market rates + 0.50% for Year I and current market rates + 1.00% thereafter. The CRA's debt capacity would be increased by extending the fmal maturity of the fmancings to up to 30 years. . FINANCING SCENARIOS Based upon the revised Budget Projections provided by the CRA, debt fmancing is required to accomplish these significant capital projects. Following is the CRA's Budget Projection utilizing cash only, without any fmancing mechanisms, which illustrates the need for financings. It should be noted that no projects are currently included in the CRA's Budget Projections beyond FY 2006/2007 and additional projects will likely be added in the future. RRBC 3 . ~ , Dain Rauscher . --~.,..--<_...--- ..........,..,...~ ,__,....:,..-d____.,..__,~ . .- .-,y-,~-----.---"._-~-.¡, ~ Q I- <T> L()§i O;~ "''''' >-0 0 N "" ...21 O;~ "'.... >-0 0 N .... (T)§i O;~ ",CD >-0 0 N CD N§i O;~ "'In >-0 "<t 0 N I I In ~§i O;~ "'.... >-0 0 N , , I I I - . tao,-~ CU-~= ~....>o C"O~ ~¡=¡;¡ :3 ."'!"I~ = U~ N I 00 I 00 12:- Ii I.i' c œ /B I~ .. Ie.. It >- ... 19 To fmance these projects, RBC Dain reviewed the following potential funding scenarios: 1. Short -term Financing Through Bank Line of Credit 2. IS-Year, AAA-Rated, msured Debt Financing in FY 2004/2005 (Backup City Pledge) and Line of Credit in later years 3. 20-Year, AAA Rated, msured Financing in FY 2004/2005 (Backup City Pledge) mterest rates are currently near historical lows and it is a widely-held belief that rates will rise over the next several years. For both the 20-year tax-exempt bond and the lO-year Treasury (2 common benchmarks), interest rates have only been below current rates approximately 8% of the time over the past 20-25 years. Furthermore, most of these instances where rates have been below current rates have occurred in the past 1-2 years. Although the CRA will pay more interest in the 15- Y ear and 20- Y ear fmancing scenarios than the Line of Credit, a long-term fmancing locks in current historically low interest rates and provides future cash flexibility to the CRA. At the end of the Budget Projection period, the CRA has more cash available in the long-term fmancing scenarios. The CRA is subject to the risk of rising interest rates in the Line of Credit scenario both during the Budget Period and thereafter if it needs to borrow in a higher interest rate environment for additional projects after FY 2006/2007. Due to the historically low interest rate environment and the likelihood of additional projects that will require funding in later years, RBC Dain recommends that the CRA consider a longer-term fmancing to fmance current projects. A 20 -year fmancing allows the CRA to lock in historically low cost fmancing for all of its projects without bonding all of its 20-year debt capacity. The CRA's 20-year debt capacity is $20,740,000 and a 20-year fmancing of $19,575,000 provides sufficient funds to complete the projects in the CRA's budget, which is 94% of the 20-year debt capacity. The $19,575,000 bond issue includes funding for all costs of issuance and a cash funded debt service reserve fund which is used to pay' the fmal year's debt service. Detailed bond numbers are included in Appendix A. A comparison of each scenario is provided below. St't'uario SUIIII1JaI·.\ ... '.- ---.--. . IlJterest fuCOIJ]~JlmIExpt!lJli~ AdditiolJaJ FUlJd BaJance Approximate AII- fuclusive Nèt Interest BondingCapacity Surplùs atEnd'of Amount of Annual Debt Financing Cost Term of Interest Interest Income! inYear4 Projection Period Scenario Borrowing(1) Service (%) Financing Income(2) Expense (Expense) (20071200sl3) (FY ZOJOf,ZOll) 1. Line of Credit $ 16,115,000 Varies 5.70% 6 Years $ 704,979 $ (3,007,889) $ (2,302,910) $ 26,165,000 $ 8,415,682 2. 15- Y ear Debt 17,315,000 1,86] ,899 4,56% 15 Years 1,896,613 (5,713,428) (3,816,8]5) Line of Credit 2,575,000 Varies 5.94% 1.75 Years (136,769) (136,769) Total ]9,890,000 (5,850,]97) (3,953,584) 25,890,000 18,]86,093 3. 20-YearDebt 19,575,000 1,538,663 4.93% 20 Years 2,446,516 (9,606,292) (7,159,776) 23,260,000 21,270,48 ] Notes: (1) Long-tenn debt sizing includes the funding of a debt service reserve fund at maximum annual debt service, which would be used to pay final year's debt service. (2) Includes interest income on fund balance, bond proceeds and bond reserves, if any. (3) Based on a 15-year bond issue, Sizing includes the funding of a debt service reserve fund at maximum annual debt service, which would be used to pay fmal year's debt service. gRBC 5 . ~.-.¡. , Oain Rauscher -----'-._-~ ~_.-~~----~--~- ' -.,~- . .,-'.-_.-....-,~......---- -,-. -- '. ....,=- A line of credit results in a lower cost due to its rapid repayment, but it subjects the CRA to the following risks: · Risk of rising interest rates (widely expected to occur over the next several years) · Risk of having to lock in future long-term borrowing in a higher interest rate environment or during a time of economic decline if line of credit isn't repaid as projected and can't be extended · Risk that future long-term borrowing isn't available during a time of economic decline if the line of credit isn't repaid as projected and can't be extended If the CRA had to lock in long-term borrowing at a later date and interest rates were near the 20-year average Revenue Bond fudex for long-term debt of over 7.00%, the CRA's net interest cost for 20-year debt would be $12.8 million, much higher than the current net interest cost for 20 -year debt of approximately $7.2 million. Typically, the bond rating agencies prefer that a government have no more than 20-30% of their debt in a variable rate mode. If the CRA were to borrow the full amount in a line of credit for approximately $16 million, 86% of the CRA's outstanding debt would be in a variable rate mode. Although a longer-term fmancing involves more interest cost due to borrowing the money for a longer period of time, a longer-term fmancing offers the following benefits: · Allow CRA to pay debt at an affordable annual level over time without the risk of fmancial stress · Ability to fmance additional projects from cash in later years if interest rates are high at that time · Ability to lock in historically low long-term interest rates Because a 15-year fmancing does not provide sufficient proceeds to complete the CRA'S projects, we utilized a Line of Credit in the later years to mitigate quarterly deficits. Because significant repayment occurs after the CRA's original Budget Projection period through FY 2008/2009, we extended the projections through FYE 2010/2011 to demonstrate how repayment may occur. The CRA's revenues, expenses and programs over this period were projected in a manner consistent with the CRA's existing projections. However, no projects are currently included in the CRA's Budget Projections after FY 2006/2007 and no additional projects were added when we extended the projection period. At the CRA's request, we analyzed the funding needs based on quarterly project draws provided by the CRA. The scenarios are depicted on an annual basis in this discussion for ease of comparison and discussed in detail below. 1. Short-Term Financing Through Bank Line of Credit At the CRA's request, we analyzed a short-term fmancing through a bank line of credit to mitigate the cash flow deficits while minimizing interest costs. This scenario assumes a line of credit with a backup City pledge. The interest rate on a line of credit is variable, and is typically priced as a percentage over LIBOR, which is the London futerbank Offered Rate. The interest cost assumptions are based on the following: . 3.00% in Year 1 . 5.94% in Year 2 and thereafter (20 year average of 30 day LIBOR plus .50%) Based on our assumptions, the weighted average interest cost is approximately 5.70%. LIBOR, which is the London futerbank Offered Rate, is used by banks as a benchmark to price variable rate loans. LIBOR is volatile and a line of credit would subject the CRA to interest rate risk during this time of potentially rising IRBC 6 . ~~ . Dain Rauscher -=0- interest rates. The CRA would also not have a known annual debt service cost with a line of creâit. Following is a graph of 30 day LIBOR over the past 20 years. 3O-Day USOR Index Historical Rates Over Past 20 Years (1984- Present) II 10 9 8 7 6 Rate (%) 5 4 3 2 . I 0 !òt. ,g>'ò $' !òo., o.,cf? 9'1- 9"> 9" 9'"0 9'ò 90., ,," ,,'1- ¡:}< ,,0., "OJ "OJ "OJ /5 ."OJ ,,0., ,,0., ,,}<£5 ~ ,,}'1-C5 'Ì>,,} é" ,,}" ø é" é ,é ,,}'ö' ,'Ì>rd .J.J ,'Ì>,,} .~ " ,<ì5 'ö " ~ ,'I> <J Date I - Historical 3D-Day L/BOR Rates - A verage Rate (5.44%) I While utilizing a variable rate, short-term borrowing mechanism minimizes current interest costs, it does not allow the CRA to take advantage of current market conditions during this time of historically low yields. It also subjects the CRA to interest rate risk if the CRA adds projects and is required to borrow in a higher interest rate environment in the future. The Line of Credit scenario is summarized on the following page. .RBC 7 . ~..... . Dain Rauscher ~~... .. ..... 1v -.."....~-. _-<ic- _~"".,,_,,-",,,,"'_.,~._<.~_~ < iõ Q ~ "-0 ;¡;~ 0>'" >-- '" N '" ...8 ;¡;~ ....... >-'" '" N ..... "'8 ;¡;~ 00 ..<Þ >-'" '" N ¡ ~ '- "" 1»'-Ql0 >-a>c ë"o~ ! ~~.c 5 ~a: ~ We:( ~= 2. 15- Y ear. AAA -Rated. Insured Debt in FY 2004/2005 (Backup City Pled2e) and Line of Credit Due to the current extremely low interest rate environment, many governments are preserving portions of their cash for future financial flexibility and borrowing at current low yields for capital projects. In addition to current low yields, longer-term financing for capital projects more equitably spreads the cost of improvements with longer average lives over the future taxpayers who will be enjoying the benefits of such projects. Locking in today's low yields removes the interest rate risk associated with borrowing at a variable rate in a rising interest rate environment, as is widely believed to occur over then next several years. Fixed rate debt also removes the interest rate risk present if the CRA borrows on a short-term basis today and determines that it needs to borrow for additional projects in the future. Following are charts which illustrates interest rate trends over the past 20 and 25 years. 'Bond Buyer Revenue Bond Index (Past 20 Years) 12 11 10 9 ~ .. B 1i a: 7 6 5 4 qJ< ~'ò ~~ ~o 1Þ0:>'1.- ~'" ~'ò ~'b 00 0'1.- d' ,\,'1.-~ ,\{fY ,\{fY ,\<!-cV '\' ,\(0) ,\,1ß '\ ,1ß ,\,1ß ,\{fY ,\,'1.-~ Date - Historical Rates - Current Rate (5.26%) Average Rate (7.41%) IRBC 9 . ~""'i < Oaill Rauscher __"........>O_",..-"-'""".-......~_"'~.....-<. . ->.--...,~---,..-.. ~. 1O-Year US Treasury Rates (Past 25 years) 16 14 12 ~ 10 ., 1ii II: 8 6 4 2 . ~o., ~' r¡}'b":! r¡}'b"> ~ <¡,o., r¡}o.,' r¡}o.,":! OJ"> r¡}e[;. OJo., r¡}ç,' r¡}ç,":! r<J r<J r<J "\,,,,<1} r<J ,,{!! ,,{v ,,{!! ,,{v ,,\<¡; ,,{V ,,{V ,,\<¡; ,,\<¡; ,,{V ,,{v ,,\"C Date I - Historica/10Yr Treasury - Current Rate (4.60%) .... Average Rate (7.89%) I This scenario assumes that the CRA issues AAA-rated, insured bonds with a backup pledge of City revenues and a IS-year amortization. To be conservative, we utilized an interest rate of 4.44%, which is current market rates plus 50 basis points. If the CRA were to issue such bonds today, the interest rate would be 3.94%. The debt issue is sized at the maximum capacity in FY 2004/2005 based on the prior year's Tax Increment revenues and assuming a debt service coverage requirement of 1.3Sx. Based on the amount of borrowing, for which a bond issue is more cost-effective, the sizing also assumes the funding of a cash funded debt service reserve fund in the amount of maximum annual debt service. This debt service reserve fund is required by investors in a bond financing and typically is able to earn interest at the borrowing cost over the life of a borrowing. If the CRA were to issue long-tenn debt through a bank loan, this debt service reserve fund would not be required. This IS-year debt scenario with a backup City pledge is summarized on the following page. As previously discussed, a line of credit was utilized in later years to mitigate quarterly deficits. Because the budget projections are several years in the future and based on many assumptions, the CRA can evaluate at that time whether a line of credit or fixed rate fmancing is most appropriate. IRBC 10 . ~4 .Dain Rauscher "'iõ 'õ co ... E ê '> :¡; m "§ "' m co '" co ~ '" ~ .c m -0 m "§ m 1 .= co m m -'= co >. '" ~ m -'= "' co '" <n '" c. '" '" '" <n E f- ...... ...... ~~ ¡;;~ ~g '" ~ ¡;; <n '" => co m - ~-~~--~.__._~~.¿_.. - ~ ./......-~-~--, .-~._.,. ~ 3. 20- Year. AAA -Rated. Insured Debt Financine in FY 2004/2005 (Backup City Pledee) To increase the CRA's debt capacity during this time of historically low yields, we also reviewed a 20-year fmancing with a back-up City pledge in FY 2004-2005. Extending the fmal maturity by 5 years allows the CRA to lock in fIxed rate borrowing for all the projects in full. The CRA is not subject to risk that it would be unable to complete projects if future tax increment projects do not come in as planned. The assumed interest cost is 4.91 %, which represents current market rates plus 50 basis points (0.50%). This scenario is depicted on the following page. . IRBC 12 . ~'-1 . Oain Rauscher -;¡; 'Ø J- "" w- ;;;§ me» >-"" "" N e» ",g ;;;~ m= >-"" "" N = "g ;;;~ ml"- >-"" !'! ('< - (/ 00 Z 0 ¡::: () W "") ~ oo~: Q. ...:::> '" "" tü trI ~ ~' CI 8 ~ ,0 ~ ,:J .... en ~ >- '~ "" , '" ._~-~ ..__..:_.......~.~-.'""".-....-. .~ ~ ,-- '-'- .. ~____.__ _."_>H'_~~___·"'- ~ Financine: Alternatives There are several fmancing alternatives available to the CRA, such as bank loans versus a bond issue and a private placement versus a public offering of bonds. Due to the amount of borrowing required and the long term nature of the projects, RBC Dain Rauscher recommends that the CRA issue a public offering of bonds versus a private placement or a bank loan. The reasons for this recommendation are summarized below. Bonds vs. Bank Loan: Based on the amount of project needs currently contemplated, a bond issue will be more cost-effective than a bank loan if the CRA chooses to finance its project with long-term debt. Typically, bank loans are more economical for fmancings under $3 million and small fmancings with a repayment of 5-6 years. Bond issues are more economical for fmancings in excess of $3 million and financings with a repayment of 7 years or more. Publicly Offered Bond Issue vs. Private Placement: Assuming that the CRA has credit support in the form of a back-up City pledge, which would enable it to purchase bond insurance and provide a "AAA" rating, the highest rating possible, a publicly offered bond issue will be much more cost-effective than a private placement. Private placements are typically only used for lower rated or non-rated borrowings, where the credit characteristics prevent the sale of a fmancing to the general public. A public· fmancing drives down interest rates as investors compete for the purchase of bonds, and could be completed in the same amount of time as a private placement. FUNDING RECOMMENDATION Due to the historically low interest rates and the size of fmancing required, RBC Dain recommends that the CRA consider issuing 20-year bonds in a public offering to lock in sufficient project funding at current low yields. This prevents the CRA from being subject to interest rate risk inherent in a variable rate financing, mitigates future interest rate risk if a fixed rate fmancing is required at a later date and equitably spreads the cost of improvements over future property owners. A longer-term fmancing also more closely matches the longer average life of the projects which may be funded, such as the Riverwalk, Promenade and Boynton Beach Boulevard extension. A 20-year fmancing ensures that all of the projects in the current budget are funded and mitigates completion risk if a I5-year fmancing is selected and for some reason the CRA cannot access the market for the remaining funding required. IRBC 14 . ~4 . Dain Rauscher ~, ,. -~ Should the CRA move forward with the recommended longer-term bond financing, the CRA will need to hire a Bond Counsel and Underwriter to assist it with the financing process. Typically, a bond fmancing takes 6-8 weeks to complete due to the time involved in the preparation of fmancing documents and seeking the necessary approvals of the governing bodies. To start the process, RBC Dain Rauscher recommends that the CRA take the following actions: . Select a Bond Counsel - Bond Counsel is an attorney who specializes in bond law and is responsible for the preparation of legal documents on the CRA's behalf. RBC Dain Rauscher recommends that the CRA consider hiring Mark Raymond with the fITIn of Moyle, Flanagan, Katz, Raymond &Sheehan, P.A. as its Bond Counsel. Mr. Raymond is the Bond Counsel to the City of Boynton Beach and has been the City's Bond Counsel for many years. Mr. Raymond is thoroughly knowledgeable on the City's fmancings and his expertise with Boynton Beach's legal and fmandal structure will be benefIcial to the CRA. . Select an Underwriter - The Underwriter is the fITIn that actually sells the CRA's bonds to investors. RBC Dain Rauscher recommends that the CRA consider hiring Bank of America as its underwriter. Because Bank of America is the provider of the CRA's outstanding loan, negotiating with Bank of America as the Underwriter on the new debt may result in lower fees on the new financing. Bank of America is also already familiar with the City and the CRA, which will assist in marketing the bonds to investors. As the CRA's fmancial advisor, RBC Dain Rauscher will assist the CRA in selecting these and other parties to the fmancing, such as the Paying Agent, bond insurer and rating agencies. All of the costs of these services will be paid out of bond proceeds. Following is a brief outline of the timetable involved in the bond fmancing. IRBC 16 . -: _ Oain Rauscher THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REVENUE BONDS, SERIES 2004 Timetable Working Group CRA: Boynton Beach CRA City: City of Boynton Beach BC/DC: Bond Counsel /Disclosure Counsel UW: Underwriter FA: Financial Advisor - RBC Dain Rauscher PA: Paying Agent P: Printer Responsible Date Function Partv . Thursday, August 26 CRA Board Provides Preliminary Approval for Financing and CRA Selection of Bond Counsel and Underwriter Tuesday, September 14 CRA Approves Budget and Bond Counsel Contract CRA Tuesday, September 21 1. City Accepts CRA Budget City, CRA 2. City Provides Preliminary Approval to Provide Back-up City Pledge (Covenant to Budget and Appropriate) Week 1 1. Distribute fIrst draft of Resolution and Preliminary BC/DC Official Statement (POS) 2. Submit Package to Insurance Companies and Rating Agencies FA Week 2 1. Comments due on Documents All 2. Distribute 2nd Draft of Documents BC/DC Week 3 1. Receive Rating FA 2. Receive Insurance Commitment FA 3. Comments due on Documents All Week 4 1. CRA Adopts Bond Resolution All 2. City Council Adopts Resolution All 3. Print and Distribute Preliminary Official Statement BC/DC Week 5 1. Price and Sell Bonds All 2. Sign Bond Purchase Agreement UW, CRA Week 6 1. Print and Distribute Final Official Statement BC/DC, P 2. Distribute Draft of Closing Documents BC/DC 3. Distribute Draft Closing Memorandum FA Week 7 Pre-Closing and Closing of Bonds All IRBC 17 . ~"'1 _ Oain Rauscher ~~"'--:- ~- -, --.... ~ ::'..~r·~~-'__~ . ~ - . RBC The CRA has adopted an investment policy to provide guidance and pennitted investments for its available funds. This is a recommended practice by the Government Finance Officer's Association (GFOA), which enhances the entity's awareness of its invested funds. However, the investment policy may not have been adopted with the investment of bond proceeds in mind and we may discuss amendments to the policy with the CRA to allow for guaranteed investment contracts, which are commonly used to invest bond construction funds. Once the CRA's fmancing plan is in place, RBC Dain Rauscher will work with the CRA to determine the appropriate vehicle given the cash requirements and timing of the project needs. Cash Management The CRA currently has all of its funds in a municipal checking account at SunTrust. SunTrust recently proposed extending its investments by purchasing 3-9 month securities. RBC Dain was asked to review the CRA'scash needs over the next year and make a recommendation as to whether the CRA should consider such a proposal. The estimated monthly needs in 2004/2005 as provided by the CRA are on the following pages. gRBC 19 -4 Daill Rauscher . . . -- ....... -,~~ --,--,~.. .. ~-'<~'_._"'" .._~- .. -,. ~ - (,0 -. (,0 Q") In In In Q") ~NNoo, ,oo ,... M LDm I"- ~"":.It1~ ooa - 0 (Y')(Y')~CO 0 (Y') to I"-(Y)m UJI"-0l"-(Y')O 0 .... ~ 0 0 ~ LD rnrn~O~LD(Y)t8~~ 0 ~I"-.UJ_~~UJ_(D@UJrnLD.... M Q") ~ 0 N N. . - .LD.I"-N.I"- .~~.... ~com ·~UJ~. -~ -1'--_ ,... 00 ~ 0.;.:. Cl. .: ~"<t "<t m (Y) L[") ~ ~ L[") N N 0 UJ UJ"<t G:j "<t "<t (Y') ..... := T--r-(T'J ~ """'" (Y")-r-T- T- T- to :æ- ------- I 1M.... ~ ,... Q") Q") , (,0 NO(,OQ") , ,Q") ! C1. M N I"- ~,..._~C1. C1. í N 0 (Y')(Y)~co 0 (Y') CO NI"-m UJI"-0l"-(Y)O N M (,0 In In i ~ (,0 ~ rn.rn.~.@r:::~~t8.00 ~ ol'--.ffi.~.oUJ-~@_~rn_~ ~ ~ ã!i ~ ~ ! to . 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Although these project draws are preliminary, based on this level of spending by November 2004, RBC Dain recommends that the CRA not tie up these funds by purchasing specific securities but keep its funds liquid for maximum flexibility. The widely-held belief that interest rates will be rising over the next 6 months is another reason to keep this cash in a short-term investment such as a money market or the SBA, as their yields will increase with market rates. Although SunTrust increased its money market yield after the CRA discussed moving a portion of its funds to the State Board of Administration's Local Government Pooled Fund, the money market yield is still below the SBA yield. As of July 28, 2004, the SBA's current yield was 1.38% and the 30-day moving average rate of return was 1.41 %. The CRA's municipal checking account yielded 1.35% as of July 28, 2004. The CRA may want to consider moving a portion of its funds to the SBA to take advantage of this higher return while retaining liquidity. Short-Term Investments Once the CRA has financing proceeds to invest, there are several opportunities for the CRA to increase its investment earnings by investing in permitted investments for longer-term periods, for example with a duration of 1-3 years depending on construction needs. A short -term portfolio for the CRA bond-proceeds could include investments such as: . Laddered Treasury or Agency bonds . mvestment Agreements such as Repurchase Agreements and Guaranteed mvestment Contracts (GrCs) Such investments would enable the CRA to lengthen its maturity for funds in conjunction with the construction draw schedule and increase its earnings. Investment agreements allow the CRA to lock in longer-term returns while allowing flexibility for permitted construction draws without penalties. We have utilized GrCs in the bond scenarios for this analysis, which are currently yielding 2.26% for a 3-'year investment. Because the relative attractiveness of GrCs vs. other securities changes with market conditions, we will perform a complete analysis and make a specific recommendation as a financing nears. L"I,VESTMENT RECOMMENDATION Because the CRA will require all of its current cash by November, 2004 depending on the timing of the BBB Land Payment if it does not seek a fmancing, RBC Dain recommends that the CRA keep its funds in a liquid investment such as a money market at this time. The CRA may wish to consider moving a portion of its funds to the SBA until needed to achieve a slightly higher yield than it's current money market account while retaining liquidity. Once the CRA proceeds with a fmancing, we will analyze whether the purchase of an investment contract or individual securities is more cost-effective for the investment of the fmancing proceeds depending on market conditions at that time. IRBC 22 -""'f Dain Rauscher . . . ~~, '" ~ . ~ ;~ . . . RBC THE CITY OF BOYNTOÑ BEACH, FLORIDA , CRA REVENlÆ BONDS, }TAR 1 (2nd QUARTER) 20 YEftR AMOR1JZATION MARKET RATE +50BPS Project Summary Dated 01101/2005 I Delivered 01101/2005 Sources Of Funds Par Amount of Bonds.... .... .......... ........ ... ....... ..... ........... ........ ....... ......... .... ...... .... .... ...... ..... .... ..... ... ........ ............... ................ ........... ....... .... $19,575,000.00 Total Sources............................................................................·............................................................................................... ............... $19,575,000.00 Uses Of Funds Total Undervvriter's Discount (0.650%).. ....... ...... ............. ......... ... ...... ........ ............ ... ........ ........... .... ... ... ..... ...... ... ........ ... ....... ................ 127,237.50 Costs of Issuance.................................. ..................................... ..................................... ........................................................................... 100,000.00 Gross Bond Insurance Premium (30.0 bp).............................................................................................................................................. 92,210.02 Deposit to Debt Service Reserve Fund (DSRf) ...... ........ ........... ............ ...... .... ..... ............. ..... ....... ..... ....... ...... ...... ...... ..... ..... ...... ..... ...... .... 1,538,684.00 Deposit to Project Construction Fund........... ............ .... .... ... ..... ............ ........... ... ...... .... ............ ...... ...... ..... .... ...... ............ .... ....... ......... ..... 17,716,868.48 Total Uses.................................................................................................................... .......................................................................... $19,575,000.00 Flow of Funds Detail State and Local Government Series (SLGS) rates for................................................................................................................................ Date of OMP Candidates................ ................ .... ... ........... .... ..... ....... ..... .... ............. .... .... ..... ...... .... .... ... .......... ...... .... ......... ...... ... .... ..... ....... Project Construction Fund Solution Method..... ............. ... ...... ...... ....... .......... ........ ............. ...... ..... ... ....... .......... ............ ............ ....... ....... Net Funded Total Cost of Investments.................................................................................................................................... ...... ... ........................ ....... $19,260,827.38 Interest Earnings @ 1.878%.. .......... ....... ....... ......... ........ ................ ... .............. .... ......... ................... ..........................:..... ....... .... ...... ......... 501,875.71 Total Draws...... .............. ...... .... .......... ........................ ........... ..... ... ..... ........... ................. .... ........... ............... ......... ....:::..... ...................... $19,762,703.09 Debt Service Reserve Fund Solution Method.............. ........ ........ .... ... .... ....... .... ........ ......... ......... .... ........... ......... ..... ......... ...... .................. Gross Funded Total Cost of Investments.................................... ..... ....... ......................... ....... ..... ................... .......... ........ .............. ........... ........ ................. $1,538,684.00 Interest Earnings @ 4.799%.. .......... ................. ........ ....... .... ........... ........ ......... ............. ...... ........ ..... .............. ............ ...... ............ .............. 1,476,695.20 Transfers to DeÞt Service Fund.............. ............. .... ........ ........... ...................... ........... ........ .......... ........... ........ .... .............. ............... ......... (1,476,695.20) Total Draws............. ........... ........... ................. ..... ........,........... ........... .... ...... ........... ........... .......... ...................... ..................................... $1,538,684.00 Bond Statistics Average Life..... ... .......... ................. ....... ... ........ ..... ... ........ ........... ........ ..... ... ....... ....... .... .... ....... ............... ............ ............... ... .................. 11.875 Years Average Coupon.. ........... ....................... ..... ....... ......................... ............. ...... .............. .......... ........... ............. .............. ...... ......... ........... ...... 4.8017518% ; Net Interest Cost (N! C) .......................... .................................................................................................. ................................................... 4.8564894% Bond Yield for .Arbitrage Purposes................ ..... ........... ....... .... .... .......... .............. ...................................... ...................... ....... ........ ... ....... 4.7985652% True Interest Cost (TIC)........................................................................ ......... ......................................................... .............. ...................... 4.8 I 94340% All Inslusive Cost (AlC) ... ..... ......... ....... .... ....... .... ..... ........ ...................... ... .... .... ........... .............................................................................. 4.9349416% CRA KEVENlÆ BOND ZOyr A<fj I SINCLE PURPOSE I 8/6/2004 I 5:04 PM RBG Dain Rauscher, Inc. Public Finance- RAO Page 1 TIlE CITY OF BOYNTOþtBEACH, FLORIDA CRA REVENUE BONDS, lÐtR 1 (2nd QUARTER) 20 lÐtR AMORTlZATJON MARKET RATE +50BPS , Net Debt Service Schedule Date Principal Coupon Interest Total p+ I DSR Existing D/S Net New DIS Fiscal Total 01/01/2005 03/20/2005 158,649.14 158,649.14 07/01/2005 429,307.25 429,307.25 (36,917.38) 392,389.87 09/20/2005 158,649.14 158,649.14 01/01/2006 680,000.00 2.100% 429,307.25 1,109,307.25 (36,917.38) 1,072,389.87 1 782,078.02 03/20/2006 158,649.14 158,649.14 07/01/2006 422,167.25 422,167.25 (36,917.38) 385,249.87 09/20/2006 158,649.14 158,649.14 01/0J/2007 690,000.00 2.500% 422,167.25 1,112,167.25 (36,917.38) 1,075,249.87 1,777,798.02 03/20/2007 158,649.14 158,649.14 07/01/2007 415,542.25 413,542.25 (36,917.38) 376,624.87 0912012007 158,649.14 158,649.14 01/0112008 71 0,000.00 2.870% 413,542.25 1,125,542.25 (36,917.38) 1,086,624,8 ï 1,780,548.02 03120/2008 158,649.14 158,649.14 07/01/2008 403,353.75 403,353.75 (36,917.38) 366,436.37 09/20/2008 158,649.13 158,649.13 01/0112009 730,000.00 3.220% 403,353.75 1,133,353.75 (36,917.38) 1,096,436.37 1,780,171.01 03120/2009 158,649.14 158,649.14 07/0112009 391,600.75 391,600.75 (36,917.38) . 354,683.37 ~ 09/20/2009 158,649.14 158,649.14 01/01/2010 755,000.00 3.450% 391,600.75 1,146,600.75 (36,917.38) 1,109,683.37 1,781,665.02 03/20/2010 158,649.14 158,649.14 07/0J/2010 3. 78,577.00 378,577.00 (36,917.38) 341,659.62 09120/2010 158,649.13 158,649.13 0J/01l2011 780,000.00 3.650% 378,577.00 1,158,577.00 (36,917.38) 1,121,659.62 1,780,617.51 03/20/2011 158,649.14 158,649.14 07/01/2011 364,342.00 364,342..00 (36,917 .38) 327,424.62 09120/2011 158,649.14 158,649.14 01/0112012 810,000.00 3.850% 364,342.00 1,174,342.00 (36,917.38) 1,157,424.62 1,782,147.52 03/20/2012 158,649.14 158,649.14 07/01/2012 548,749.50 348,749.50 (36,917.58) 311,832.12 09120/2012 158,6.49.'14 158,649.14 01l0J/2013 840,000.00 4.000% 348,749.50 1,188,749.50 (36,917.38) 1,151,832.12 1,780,962.52 03/20/2013 158,649.14 158,649.14 07/0112013 331,949.50 331,949.50 (36,917.58) 295,032.12 09/20/2013 158,649.14 158,649.14 01/01/2014 870,000.00 4.170% 331,949.50 1,201,949.50 (36,917.38) 1,165,032.12 1,777,362.52 03/20/2014 158,649.14 158,649.14 07/01/2014 313,810.00 313,810.00 (56,917.38) 276,892.62 09/2012014 158,649.14 158,649.14 01/01/2015 910,000.00 4.300% 313,810.00 1,223,810.00 (36,917.38) 1,186,892.62 1,781,085.52 03/20/2015 158,649.14 158,649.14 07/0112015 294,245.00 294,245.00 (36,917.38) 257,327.62 09/20/2015 158,649.14 158,649.14 01/0112016 950,000.00 4.420% 294,245.00 1,244,245.00 (36,917.38) 1,207,327.62 1,781,953.52 03/2012016 158,649.14 158,649.14 07/01/2016 275,250.00 273,250.00 (36,917.38) 236,352.62 I 09/20/2016 158,649.14 158,649.14 , 01/01/2017 990,000.00 4.550% 273,250.00 1,263,250.00 (36,917.38) 1,226,332.62 1,779,963.52 07/0112017 250,727.50 250,727.50 (36,917.58) 213,810.12 01/å1l2018 1,035,000.00 4.670% 250,727.50 1,285,727.50 (36,917.38) 1,248,810.12 1,462,620.24 07/0112018 226,560.25 226,560.25 (36,917.38) 189,642.87 01/01/2019 1,085,000.00 4.750% 226,560.25 1,3 I 1,560.25 (36,917.38) 1,274,642.87 1,464,285.74 07/01/2019 200,791.50 200,791.50 (36,917.38) 163,874.12 01/01/2020 1,135,000.00 4.830% 200,791.50 1,335,791.50 (36,917.38) 1,298,874.12 1,462,748.24 07/01/2020 173,381.25 173,381.25 (36,917.38) 136,463.87 0J/01/2021 1,190,000.00 5.250% 173,381.25 1,363,381.25 (36,917.38) 1,326,463.87 1,462,927.74 07/0112021 142,143.75 142,143.75 (36,917.38) 105,226.37 01/0112022 1,250,000.00 5.250% 142,143.75 1,392,143.75 (36,917.38) 1,355,226.37 1,460,452.74 07/01/2022 109,331.25 10~,331.25 (36,917.38) 72,413.87 0110112023 1,320,000.00 5.250% 109,331.25 1,429,331.25 (36,917.38) 1,392,413.87 1,464,827.74 07/01/2023 74,681.25 74,681.25 (36,917.38) 37,763.87 01/01/2024 1,385,000.00 5.250% 74,681.25 1,459,681.25 (36,917.38) 1,422,763.87 1,460,527.74 07/01/2024 38,325.00 38,325.00 (36,917.38) 1,407.62 01101/2025 1,460,000.00 5.250% 38,325.00 1,498,325.00 (1,575,601.38) (77,276.38) (75,868.76) Total $1 S,575,o00.00 $11,161,672.00 $30,736,672.00 (3,015,379.20) $3,807,579.34 $31,528,872.14 CKA KEVENlÆ BOND 20yr Adj / smcJ.E ~ / 8/ 6/2004 I 5..1)¡ PM RBC Dain Rauscher, Inc. Public Finance- RAO Page 2 ,.-..-_....._~''''....>~_. ~ ~~ "_ ......~ ,_~__.~__~ 0<-_ -.-.. -,~~- ~.-~. ..,.",~-",-_,~>_*_~<f{ THE CITY OF BOYNfOlf"BEACH, FLORIDA CRA REVENUE BOND~ YE4R 1 (2nd QUARTER) 15 YEAR AMORTIZATION MARKET RATE +50BPS . Project Summary Dated 0110112005 I Delivered 0110112005 Sources Of Funds Par Amount of Bonds.... .............. ....... ................ ...... ...... .... ...... ................ ... .... ......... ....... .... .... ......... .... ... ........ ... ........... ........ ... ...... ....... ......... $17,315,000.00 Total Sources.............................·..·............·.....·..·...····..........·....·..·..........·............................................................................................... $17,315,000.00 Uses Of Funds Total Underwriter's Discount (0.650%) .... .... ..... ...... ... ............. ...... ... ..... .... ....... ..... ..... ..... ...... .......... ........ ................ ......... ............. ............. 112,547.50 Costs of Issuance........................ .................................. .............................................................................. ............... ........................ ..... ... 100,000.00 Gross Bond Insurance Premium ( 30.0 bp).................................................................................................................................................. 72,372.81 Deposit to Debt Service Reserve Fund (DSRF) ........ ............... ....... .............. ................ ....... .......... ........ .......... .............. .............. .... ...... ......... 1,731,500.00 Deposit to Project Construction Fund........................................................................................................................................ ................... 15,298,579.69 Total Uses....................... ....................................................................................................................................................................... $17,315,000.00 . flow of Funds Detail State and Local Government Series (SLGS) rates for................................................................................................................................... Date of OMP Candidates....... ...... .... .... ............. ................ ................. ..... ... .... ... ............................ .... ....... ......... ........ ... ......... ................ .......... Project Construction Fund Solution Method... ..... ...... ................................. ................. ................ ............ ............ ... ............ .... ..... ................ Net Funded Total Cost of Investments............................ ....... .... ...... ......... ......................... .............. ........ ..... ......... ................... ............... ...... ..... ............... $16,620,630.67 Interest Earnings @ 2.260%...... ..... .............. .............. .................. ...... .......... ...... ... ............. ......... ......... ..... ...... ................ ......... ..................... 522,007.32 Total Draws..... ........ ........ .......... ........... .... ........... ......... ...::'............... .... ............ ... .............................. ............. .............,..... .... ............. .... $17,142,637.99 Debt Service Reserve Fund Solution Method........ ............................................................................................. ........................... ................ Gross Funded Total CoSt of Investments. ....................................................................................... ............. ......................................... ........... ...................... $1,731,500.00 Interest Earnings @ 4.387%...... ..... ............ .......... .................................. .... ... ............. .... ................... ............................................. ............... 1,139,343.60 Transfers to Debt Service Fund....... ............ ....... .............................. ... ... ................ ................. ... ........ ......... ..........:..... ............ ....................... (1,139,343.60) Total Draws......... ............ .................................... ..... ........ ....... .............. .... ... ... ........................................................ ............... ................. $1,731,500.00 Bond Statistics Average Life...... ............ .... ................. ............ ..................... .... ....... ..... ....... ...................... ........................................... ............ ................ 9.009 Years Average Coupon............... .................... .......... ......;............................ .... .......... ........... ... ....... ............................. .......... ..................... ........... 4.3653374% Net Interest Cost (NI C). ........................ ................... ....................... .............................................................................................................. 4.4374901% Bond Yield for Arbitrage Purposes.. ............ ........... ........................................... ................ .............................. ............. ........ ......................... 4.3867310% True Interest (:cst me)....................................... ........................................................................................................................... .............. 4.4193339% All Inclusive Cost (AlC) .................... .................................. ...... ...... ...... ........... .... .......... ....... ....................... ......... ... ..... .................... ....... ..... 4.5604665% CKA REVENUE BOND] 5yr MIfX / SINGLE PURPOSE / 8/6/2004 / 5:04 PM RBC Oain Rauscher, Inc. Public Finance- RAO Page 1 TIlE CITY OF BOYNTQÑBEACH, FLORIDA CRA REVENUE BONDS; YE:4R 1 (2nd QUARTER) 15 YEAR AMORJJZATlON .1I.ÆAR1ŒT RATE +50BPS Net Debt Service Schedule Date Principal Coupon Interest Total P+ I DSR Existing D/S Net New D/S Fiscal Total 01/01/2005 03/20/2005 158,649.14 158,649.14 07/01/2005 345,654.25 345,654.25 (37,978.12) 307,676.13 09/20/2005 158,649.14 158,649.14 01/01/2006 855,000.00 2.100% 345,654.25 1,200,654.25 (37,978.12) 1,162,676.13 1,787,650.54 03/20/2006 158,649.14 158,649.14 07/01/2006 336,676.75 336,676.75 (37,978.12) 298,698.63 09/20/2006 158,649.14 158,649.14 01/01/2007 870,000.00 2.500% 336,676.75 1,206,676.75 (37,978.12) 1,168,698.63 1,784,695.54 03/20/2007 158,649.14 158,649.14 0710 I /2007 325,80 I. 75 325,80 I. 75 (37,978.12) 287,823.63 09/20/2007 158,649.14 158,649.14 01/01/2008 895,000.00 2.870% 325,801.75 1,220,801.75 (37,978.12) 1,182,823.63 1,787,945.54 03/20/2008 158,649.14 158,649.14 07/01/2008 312,958.50 312,958.50 (37.978.12) 274,980.38 09/2012008 158,649.13 . 158,649.13 01/01/2009 920,000.00 3.220% 312,958.50 1,232,958.50 (37,978.12) 1,194,980.38 1,787,259.03 03/20/2009 158,649.14 158,649.14 07/01/2009 298,146.50 298,146.50 (37,978.12) 260,168.38 09/20/2009 158,649.14 158,649.14 01/01/2010 950,000.00 3.450% 298,146.50 1,248,146.50 (37,978.12) 1,210,168.38 1,787,635.04 03/20/2010 158,649.14 158,649.14 07/01/2010 281,759.00 281,759.00 (37,978.12) 243,780.88 09/20/2010 158,649.13 158,649.13 01/01/2011 980,000.00 3.650% 281,759.00 1,261,759.00 (37,978.12) 1,223,780.88 1,784,860.03 03/20/2011 158,649.14 158,649.14 07/01/2011 263,874.00 263,874.00 (37,978.12) 225,895.88 09/20/2011 158,649.14 158,649. J4 01/01/2012 1,015,000.00 3.850% 263,874.00 J ,278,874.00 (37,978.12) 1,240,895.88 1,784,090.04 03/20/2012 158,649.14 158,649.14 07/0112012 244,335.25 244,335.25 (37,978.12) 206,357.13 09/20/2012 158,649.14 158,649.14 01/01/2013 1,055,000.00 4.000% 244,335.25 1,299,335.25 (37,978.J2) 1,261,357.13 1,785,012.54 03/20/2013 158,649.14 158,649.14 07/0112013 223,235.25 223,235.25 (37,978.12) 185,257.13 09/20/2013 158,649.14 158,649.14 01/01/2014 1,100,000.00 4.170% 223,235.25 1,323,235.25 (37,978.12) 1,285,257.13 1,787,812.54 03/20/2014 158,649.14 158,649.14 07/0112014 200,300.25 200,3ú0.25 (37,978.12) 162,322.13 09/20/2014 158,649.14 158,649.14 01/01/2015 1,145,000.00 4.300% 200,300.25 1,345,300.25 (37,978.12) 1,307,322.13 1,786,942.54 03/20/2015 158,649.14 158,649.14 07/01/2015 175,682.75 175,682.75 (37,978.12) 137,704.63 09/20/2015 158,649.14 158,649.14 0110.1/2016 1,195,000.00 4.420% 175,682.75 1,370,682.75 (37,978.12) 1,332,704.63 1,787,707.54 03/20/2016 158,649.14 158,649.14 07/01/2016 149,273.25 149,273.25 (37,978.12) 111,295.13 09/20/2016 158,649.14 158,649.14 01/01/2017 1,245,000.00 4.550% 149,273.25 1,394,273.25 (37,978.12) 1,356,295.13 1,784,888.54 07/01/2017 120,949.50 120,949.50 (37,978.12) 82,971.38 01/0112018 1,620,000.00 4.670% 120,949.50 1,740,949.50 (37,978.12) 1,702,971.38 1,785,942.76 0710112018 83,122.50 83,122.50 (37,978.12) 45,144.38 01/0112019 1,695,000.00 4.750% 83,122.50 1,778,!-22.50 (37,978.12) 1,740,144.38 1,785,288.76 07/01/2019 42,866.25 42,866.25 (37,978.12) 4,888.13 01/01/2020 1,775,000.00 4.830% 42,866.25 1,817,866.25 0,769,478.12) 48,388.13 53,276.26 Total $17,315,000.00 $6,809,271.50 $24,124,271.50 (2,870,843.60) $3,807,579.34 $25,061,007.24 ClIA.ll£VENUEBONIJ15yrM4x / S1NGLEP1/RPOS£ /8/6/2004 / 5;04PM RBG Dain Rauscher, Inc. Public Finance- RAO Page 2 ,- --,> '."~~----'~"---""'<-~- --~.-- ~.. ,~.~ ...~ ... ~ -......"""'---. ,.~~ :<:~~<~ "*':. '~~ ''i1 f1, '~~ __ 1\ ~ ;;; "j\j ;i -~ ;¡¡ ¥I if /f -.-¡A ~=-: _/~-ts,,: ".,. ~à , . 'ic;''?>{·>~''%''0\ ~~e;.....;7...-..... .~' :. . - '.- . . . Table of Contents 2004/2005 Budget Narrative............................................. 1 Budget Worksheets........ ................................................. 29 . 1 ,-- .. -~<' ~~~..,....,.......---------..---> . _ b_ ....._____ ,-'r-,~___._~_~ ~ ~.- -. - City of Boynton Beach Community Redevelopment Agency Budget Workshop Projections 05/10/2004 Please find attached the Staff's proposed CRA Budget for October 1, 2004 to September 30,2005. Staff has proposed a five-year budget forecast with income and expense items as well as programs and projects. The following notes highlight all major items within the budget in an attempt to provide insight as to their origination and future destination. All budgeted items may be considered individually or as a group for discussion. Staff is projecting a "Current Year Adjusted Rollover Budget" for the balance of the 2003/2004 budget year of $3,099,507. This Adjusted Budget reflects actual expenditures and transfer of unpaid 2003/2004 line item amounts to the 2004/2005 Budget. This Adjusted Budget reflects only approvëd CRA Board items for roll over. The CRA received an additional $156,447 in TIF revenue for the 2003/2004 budget year. The trolley pilot program was pushed back to the 2004/2005 budget year. Additionally, Staff had budgeted funds for the Marina Parking Garage, which have been pushed back to the 2004/2005 budget year. The CBO Parking Site project will be eliminated and not be moved forward. REVENUES TIF Revenue: The CRA Revenue for this budget is based upon the tax appraiser's office projected 2003 tax roll values (final values are set in August of each year and we have had changes as late as November of the year). The CRA TIF income is derived by two factors; first is the "New Construction" within the district. This is generated by new projects receiving Certificate of Occupancy in 2003: The CRA captures the difference between the 2002 evaluation and the new 2003 appraised value. These increments are generally depicted as "New Projects." The second area of TIF revenue is generated from Real Estate appreciation in the CRA District, which is forecast by the County Tax Office. These increments are increases over the base values established at the creation and amendment of the CRA and the current tax roll value. Future TIF Projections for 2005 to 2009 are based on new projects forecasted to come to on the tax rolls and an estimated appreciation factor by the CRA. Staff is forecasting a more moderate appreciation ratelrom the County's rate for the five-year 2 -- forecasts due to concerns about sustaining the current appreciation increase in the future market place. Staff is recommending a 15% appreCiation rate, which we believe is an accurate number. The County has a 19.71% increase. Staff questions the new construction and appreciation of real property valuation numbers for 2004/2005, which are forecasted by the tax office. The CRA questioned the first set of new construction values, which were $65,000,000. Subsequently, this number has been corrected by the tax office to $6,000,000. Each taxing entity that contributed to the Boynton Beach CRA is listed separately. Note that the CRA receives 95% of the increment taxes from each (See detailed Spread Sheet on page 4 of Excel). Total County Tax Office Projected TIF Income: $3,875,415 . $3,467,422 Total CRA Projected TIF Revenue: Recapture of TIF Loan Principle: The Arches will repay the principle on the proposed Incentive Loan as it comes due. Total Recapture of TIF Loan Principle 2004/2005: $ 0 TIF Loan Interest: Interest paid by the Arches on the proposed TIF Loan figured at 2%. Total TIF Loan Interest 2004/2005: $ 0 Interest Income on Reserves: Interest the CRA receives from investing reserve funds. Total Interest Income on Reserves: $ 195,215 Other Income Trolley: Staff has applied for a grant for $120,000 per year for three years from the Metropolitan Planning Council for the pilot trolley program. Staff is also budgeting $181,835 in advertising and sponsorships for the trolleys. Also note that Developer support may be enacted to fulfill the TCEA study's mass transit element. 3 ~_.-._- ~ """_......~~ .,,,.~~.............~-,,,,-,-. - Grant -Trolley $ 120,000 Advertising/Sponsorship -Trolley $ 181,835 "Congress Avenue Trolley" Revenue Sources 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Revenue MOP Grant $ 80,000 $ 80,000 $ 80,000 $ 0 $ 0 $ 240,000 Advertising $ 121,835 $ 121,835 $ 121,835 $ 141,832 $ 141,832 $ 649,169 Fares $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Additional Grants $ 0 $ 0 $ 0 $ 60,000 $ 60,000 $ 120,000 Total Revenue $ 201,835 $ 201,835 $ 201 ,835 $ 201,832 $ 201,832 $ 1,009,169 "Ocean Avenue Trolley" Revenue Sources 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Revenue MOP Grant $ 40,000 $ 40,000 $ 40,000 $ 0 $ 0 $ 120,000 Advertising & Sponsors $ 60,000 $ 58,000 $ 50,000 $ 50,000 $ 50,000 $ 268,000 Fares $ 0 $ 0 $ 0 $ 0 . $ $ 0 0 Additional Grants $ 0 $ 0 $ 14,469 $ 54,571 $ 60,000 $ 129,040 Total Revenue $ 100 000 $ 98 000 $ 104.469 $ 104 571 $ 110.000 $ 517 040 System Total $ 301,835 $ 299,835 $ 306,304 $ 306,403 $ 311,832 $ 1,526,209 Total Trolley 2004/2005: $ 301,835 Legal Repayment: Legal Repayment Agreement $ 2,769 Total Legal Repayment: $ 2,769 Total Other Income: $ 304,604 TOTAL REVENUES FOR 2004/2005: $ 6,717,556 4 -> OPERATING EXPENSES Personnel Costs: This budget category includes five positions, Executive Director, Administrative Assistant, Controller, and Secretary. The Bookkeeper has been removed from this Budget. The Assistant Director is scheduled to be hired in September 2007. The attached spreadsheet includes salary, taxes, worker's compensation, health insurance, life insurance and retirement for all positions for the years 2004-2009. Current positions have a forecasted 3% inflation adjustment, with the exception of the Controller who will have a one-time increase of $5,000 annually for these additional responsibilities. Due to the fact that Health Insurance rates are different for each individual employee based on age and sex, Staff has calculated the rate per person at the highest rate not by the individual in the position at this time. Staff has calculated a 10% increase per year for 2005-2009. Workers' Compensation rates are locked at the policy start date for a period of four years. Staff does not anticipate an increase in rates for 2007-2009 at this time. Life Insurance is term life insurance, which is locked in for 10 years at the time the policy is written. Short Term and Long Term Disability rates have been calculated with a 10% increase for future years. Retirement rates are calculated at 5% of gross payroll; however, Retirement has a one year employment requirement for eligibility. Total Personnel Costs: $ 280,086 (The current budget reflects a 3% average annual increase in wages.) 5 ...~ . .... .II'" 'Pi_'-~-"_.. .---~~-~---...-.þ-~ > .- -._~ ,->~~- -....,..>"H·_~-_>-_<__~"_...~_..._,,,'''''" -, PERSONNEL 2004-2005 Employers Workers - SfT SEP Annual FICA Comp Health Life LIT IRA Salary 7.50% $ 38.00 Insurance Insurance Disability 5% 04-05 Director $ 96,305.00 $ 7,222.88 $ 456.00 $ 5,963.00 $ 606.96 $ 881.00 $ 4,815.25 $ 116,250.09 'roller $ 55.925.00 $ 4,194.38 $ 456.00 $ 5,963.00 $ 170.16 $ 430.00 $ 2,796.25 $ 69,934.79 "w' n. Assistant $ 44,290.00 $ 3,321.75 $ 456.00 $ 5,963.00 $ 83.40 $ 445.00 $ 2,214.50 $ 56,773.65 Bookkeeper $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Secretary $ 27,045.60 $ 2028.42 $ 456.00 $ 5,963.00 $ 0 $ 282.00 $ 1,352.28 $ 37,127.30 Total $ 223,566.60 $ 16,767.43 $ 1,824.00 $ 23,852.00 $ 860.52 $ 2,038.00 $11,178.28 $ 280,085.83 PERSONNEL 2005-2006 Employers SfT SEP Annual FICA Workers Health Life LIT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 05-06 Director $ 99,194.15 $ 7,439.56 S 456.00 $ 6,559.30 $ 606.96 $ 969.10 $ 4,959.71 $120,184.78 Controller $ 57,602.75 $ 4,320.21 $ 456.00 5> 6,559.30 $ 170.16 $ 473.00 $ 2,880.14 $ 72,461.55 Adm. Assistant $ 45,618.70 $ 3,421.40 $ 456.00 $ 6,559.30 $ 83.40 $ 489.50 $ 2,280.94 $ 58,909.24 Bookkeeper $ 36,050.00 $ 2,703.75 $ 456.00 $ 6,559.30 $ 170.16 $ 473.00 $ 1,802.50 $ 48,214.71 Secretary $ 27,856.97 $ 2,089.27 $ 456.00 $ 6,559.30 $ 0 $ 310.20 $ 1,392.85 $ 38,664.59 . Total $ 266,659.28 $ 19,974.19 $ 2,280.00 $ 32,796.50 $ 1,030.68 $ 2,714.80 $ 13,316.13 $ 338,434.87 PERSONNEL 2006-2007 Employers SfT SEP Annual FICA Workers Health Life LIT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 06-07 Dirp.ctor $102,169.97 $ 7,662.75 $ 456.00 $ 7,215.23 $ 606.96 $ 1,066.01 $ 5,108.50 $ 124,285.42 Jller $ 59,330.83 $ 4,449.81 $ 456.00 $ 7,215.23 $ 170.16 ~ 520.30 $ 2,966.54 $ 75,108.88 Adm. Assistant $ 46,987.26 $ 3,524.04 $ 456.00 $ 7,215.23 $ 83.40 $ 538.45 $ 2,394.98 $ 61,153.75 Bookkeeper $ 37,131.50 $ 2,784.86 $ 456.00 $ 7,215.23 $ 170.16 $ 520.30 $ 1,856.58 $ 50,134.63 Secretary $ 28,692.68 $ 2,151.95 $ 456.00 $ 7,215.23 $ 0 $ 341.22 $ 1,434.63 $ 40,291.71 Total $ 274,312.25 $ 20,573.42 $ 2,280.00 $ 36,076.15 $ 1,030.68 $ 2,986.28 $13,715.61 $ 350,974.39 PERSONNEL 2007-2008 Employers SfT SEP Annual FICA Workers Health Life LIT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 07-08 Director $ 105,235.07 $ 7,892.63 $ 456.00 $ 7,936.75 $ 606.96 $1,172.61 $ 5,261.75 $ 128,561.78 Asst. Director $ 68,000.00 $ 5,100.00 $ 456.00 $ 7,936.75 $ 238.85 $ 572.33 $ 0 $ 82,303.93 Controller $ 61,110.76 $ 4,583.31 $ 456.00 $ 7,936.75 $ 170.16 $ 572.33 $ 3,055.54 $ 77,884.91 Adm. Assistant $ 48,396.88 $ 3,629.77 $ 456.00 $ 7,936.75 $ 91.47 $ 592.30 $ 2,419.84 $ 63,523.28 Bookkeeper $ 38,245.45 5> 2,868.41 $ 456.00 $ 7,936.75 $ 170.16 $ 572.33 $ 1,912.27 $ 52,161.37 Secretary $ 29,553.46 $ 2,216.51 $ 456.00 $ 7,936.75 $ 0 $ 375.34 $ 1 ,477.67 $ 41,015.73 Total $ 350,541.61 $ 26,290.62 $ 2,736.00 $ 47,620.52 $ 1,277.87 $ 3,857.24 $14,127.08 $ 446,450.94 PERSONNEL 2008-2009 Employers SfT SEP Annual FICA Workers Health Life LIT IRA Salary 7.50% Comp Insurance Insurance Disability 5% 08-09 ~ir"~tor $ 1 08,392.13 $ 8,129.41 $ 456.00 $ 8,730.43 $ 606.96 $ 1,289.87 $ 5,419.61 $ 133,024.40 4. ¡rector $ 70,040.00 $ 5,253.00 $ 4;56.00 $ 8,730.43 $ 238.85 $ 629.56 $ 3,502.00 $ 88,849.84 ~ontroller $ 62,944.08 $ 4,720.81 $ 456.00 $ 8,730.43 $ 170.16 $ 629.56 $ 3,147.20 $ 80,798.24 ~dm. Assistant $ 49,848.79 $ 3,738.66 $ 456.00 $ 8,730.43 $ 91.47 $ 651.52 $ 2,492.44 $ 66,009.58 300kkeeper $ 39,392.81 $ 2,954.46 $ 456.00 $ 8,730.43 $ 170.16 $ 629.56 $ 1,969.64 $ 54,303.06 :;ecretary $ 30,440.06 $ 2,283.00 S 456.00 $ 8,730.43 $ 0 $ 412.88 $ 1,522.00 $ 43,844.37 _C' Professional Services: Legal: The CRA is budgeting $75,000 for 2004-2005 Legal Services based upon the average of $6,250 per month. Legal Service spending was an average of $5,609 per month for 6 months in 2003-2004. Total Legal Services: $ 75,000 Lobbyist: Staff is recommending a joint venture partnership with the City of Boynton Beach for State and Federal lobbying, which is becoming increasing important to the CRA and our activities. Additionally, if we join with the City of Boynton Beach, the CRA gets greater input. Total Lobbyist Services: $ 0 City Staff: The CRA has retained the services of the City Clerks Office for recording the minutes. The budget of $7,500 y.¡as based upon the average of $625 per month. The City Staff average for 2003-2004 was $525 per month for 6 months. Total City Staff: $ 7,500 Contracted Services: The CRA will retain contracted service for projects specified in the 2003-2004 budget and projected projects for the 5-year budget. Staff is recommending a project reserve for additional projects the CRA wishes to take on but is unknown at this time. The following new projects are projected for the 2004/2005 year: Total New Projects 2004/2005 $ 0 7 .-<"....~,_.,>-"".;..~--_. - ~... ~_ __ .,~__"..,~'"",.~_._ _,_ -<of! ~ ~~ -~- -- t ._,.......-........._.--r...-".-. - Contracted Services CRA Projects Current and Proposed Contract Current Billed to Expected Rolled onto Rolled onto Rolled onto Contract Date to Bill 03- 04-05 05-06 06-07 04 Design Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0 BBB Phase I $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0 BBB Phase II $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0 Master Plan $ 150,000 $ 9,000 $ 16,000 $ 125,000 $ 0 $ 0 Expenses for RMPK $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0 Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0 TCEA $ 104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0 Jonathan Ricketts $ 294,840 $ 17,507 $ 60,775 $ 52,255 $ 83,394 $ 80,909 RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0 Total $ 665,590 $175,855 $164,362 $ 219,755 $ 83,394 $ 80,909 Total Contracted Services $ 220,000 Audit: The CRA will enter into a contract with an outside CPA firm in 2003 and will carry forward for a period of three years with an extension of two years available. The base fee is projected at $5,900 for 2003,2004 and 2005 with an extension for 2006 and 2007. Staff is also proposing to leave $2,600 in the event that extra services are needed for year one and two as needed. Total Audit Services: $ 8,500 IT Support: The City's IT Department will provide for support, service and maintenance for our computer hardware, software and internet as per the approved 2003 contract. The budget for 2004-2005 contains: City of Boynton Beach IT support $ 13,000 Carillon Accounting Software $ 1,500 Miscellaneous Needs $ 1,500 Total IT Support: $ 16.000 Staff has calculated a 5% increase per year for future budgets. 8 - Total Professional Services $ 327,000 Office: Rent: The CRA is proposing to continue to lease in the existing space for the 2004-2005 budget year. Year 1 Rent $1,600.00 x 12 = $ 1 9 ,200 Total Rent $ 19,200 Future Projections - 2005 to 2009 The CRA is proposing leasing or purchasing offices in the 2005- 2006 fiscal year with 3,000 / $24 a sq. ft. of office space year rent. Year 1 Rent $6,000.00 x 12 = $ 72,000 Year 1 CAM $ 250.00 x 12 = . $ 3,000 No increase years 3 through 5 $ 75,000 Maintenance and Cleaning: The category of Maintenance and Cleaning will include cleaning of the CRA offices, repair and maintenance of the equipment and offices. The maintenance and cleaning was calculated at: Cleaning of offices $165 per month x 12 $ 1,980 Repair on Equipment Printer $400 per quarter $ 1,600 Equipment per year $ 250 Repair on Office Space $ 270 Total Maintenance & Cleaning: $ 4,100 Office Leasehold Improvements: In the anticipation of the proposed move of the CRA offices in 2005 - 2006, Staff is anticipating a minimal cost, which may be needed for the existing offices to meet the needs of the CRA. Total Office leasehold Improvements: $ 750 9 r ___,_~.~. _~>.__"'''''_R;<o..-,_.-"",-,,-,., __.ow< _~ . >.-- ~--,.~ .,,--~-~,~~-'.-'-j, - -~>-<",-- .... . Tr - Office Moving Expenses: Staff is proposing to move the office in 2005-2006. Staff is calculating $2,000 for moving services for the CRA office and $7,500 to move the IT equipment. Total Office Moving Expenses 2004/2005: $ 0 Total Office Moving Expenses 2005/2006: $ 9,500 Phone: Cell phones $111.00 x 12= $ 1,332 T-1 line $241.50 x 12= $ 2,898 Phones $355.84 x 12 = $ 4,270 Total Phone: $ 8,500 5% increase years 2 through 5 . Electric: Year 1 Electric $180.00 x 12 $ 2,160 Total Electric: $ 2.160 Total Office: $ 34,710 Equipment Leases: The CRA is now leasing the copier and the postage machine. The contract on the copier is a three-year contract and the postage machine is a year- to-year contract. Copier $343 per month - three year lease ends 10/05 $ 4,117 Postage $31.95 per month - one year lease $ 383 Total Equipment Leases: $ 4,500 Insurance: The CRA's General Liability Insurance coverage provides coverage of all employees. The property insurance covers the contents within the CRA office. The CRA also carries a Surety Bond and Professional Insurance for the CRA and employees. Property/General Liability $ 2,051 Surety Bond $ 400 Professional $ 4.049 Total Insurance: $ 6,500 10 - Insurance is calculated at 10% increase years two-five. Travel/Entertainment Expenses: Promotional/Business Meetings: The CRA attends business meetings with Developers, Community Groups and Professional Organizations to promote the work of the CRA and the betterment of the City of Boynton Beach. Total Promotional/Business Meetings: $ 0 CRA Meeting/Events: Staff is projecting several CRA Board Workshops and Events throughout the 2004-2005 year that we will produce or host. These events include the CRA/City Commission meetings~ large project workshops for multiple developers and CRA Board purchase of a table for an event. Total CRA Meetings/Events: $ 0 Association Meetings & Seminars: Total Association Meetings & Seminars: $ 0 Mileage & Delivery Services: Mileage & delivery services include Federal Express, UPS and the US Post Office for package to and from the CRA. The average for the first six months was $90 per month. The CRA will be obtaining information on several delivery services for package of the CRA in order to obtain the best price. Total Mileage & Delivery Services: $ 1,080 Car Allowance Director: The Director is allotted a car allowance of $3,708 per year. We are factoring in a 3% increase for inflation. Total Car Allowance Director: $ 3.708 Total Travel/Entertainment Expenses: $ 4,788 11 _c___ --. . .-->........'-.......----._'. . n ~-'. _~ .~L~."-_"'"_ <_ .____.!;. -,-------, - Office Equipment & Supplies Office Expenses: The CRA Board supplies, office drinks, paper products and cleaning supplies are accounted for under Office Expense. The average office expense is $120 per month for 2003-2004. Total Office Expenses: $ 1,500 Office Supplies: The CRA office supplies are pens, paper, disk, ink and general office products. The average office supplies are $825 per month for 2003-2004. . Total Office Supplies: $ 9,500 Office Equipment/Furniture: Total Office Equipment/Furniture: $ 0 Total Office Equipment/Supplies $ 11,000 License, Books, Publication: Licenses, Fees, Permits: The CRA will incur expenses for licenses, fees or permits which are not project related. Total Licenses, Fees, Permits: $ 1,250 Memberships & Publications: The CRA also uses several publications in general every day operations, for grant sources, business incubator ideas and trends for redevelopment within CRA Areas. Membership/Subscriptions: Chamber of Commerce $ 225 FRA $ 595 ULI $ 475 Chronicle of Philanthropy $ 70 Palm Beach Post $ 133 Sun Sentinel $ 168 12 - PB Convention & Visitors Bureau $ 750 FGFOA $ 35 GFOA $ 170 The Florida Business Journal $ 96 Downtown Idea Exchange $ 185 Downtown Promotion Reporter $ 185 HR Specialist $ 97 International Downtown Association $ 800 Total Membership/Subscriptions: $ 3,984 Books & Publications: Reference Books, Information Sources, etc. $ 1,000 Total Books & Publications: $ 1.000 Total Licenses, Books, Publication: "$ 6,234 Advertising - Public & Legal Notices: During the year, the CRA will need to advertise and place public and legal notices, which are not project related, for the general needs such as workshops, ordinances, etc. $1,500 has been proposed for 2004-2005. Total Advertising $ 1,500 Career Development: Total Career Development: $ 0 Office Printing: Office Printing Expense: CRA Office Printing includes envelopes, letterhead, business cards, printing for reproductions of maps, prints, large scale scanning, pictures of larger sizes or JPEGS format for the project books and CRA projects for a total of $2,500. Total Office Printing Expense: $ 2,500 Newsletter - Quarterly: Staff is proposing a quarterly newsletter, which will be produced by third party with printing and distribution in-house. Printing In-kind Sponsorship Layout In-kind Sponsorship 13 -.~------...-~~~,--- _ .o.._~.~"''''''~-_=__~__'''-'''_'~. -.- -------~ - Mailing In-kind Sponsorship Labeling In-kind Sponsorship Miscellaneous - $625 per quarter $ 2,500 Total Newsletter: $ 2,500 Printing - Annual Reports, Brochures: Total Printing: $ 0 Total Office Printing: $ 5,000 Debt Service: Loan Payment: The CRA has a loan with Bank of America. The starting balance as of October 1,2004 is $2,616,351.08 at a 6.56% interest rate. Total Loan Payment: $ 317,298 Total Debt Service: $ 317.298 TOTAL OPERATING EXPENSES: $ 999,617 14 _0 PROGRAMS Website Maintenance and Expansion: The CRA started the website in 2002-2003 with the basic designs and some features. The website was completely developed in 2003-2004. The CRA is proposing to expand our website to include graphics on projects and links to project sites, links to the City of Boynton Beach and other advanced features in 2004-2005. Staff has budgeted a cost of $5,000 to maintain the site. Total Website Maintenance and Expansion: $ 5,000 Police: Staff initialed a pilot program, the CRA police program, .which was on contact for the fiscal year 2003-2004. Future year's contracts are not automatically approved or extended. Heart of Boynton: The CRA and Boynton Beach Police Department entered into a pilot program for special police within the "Heart of Boynton" and the "Central Business District" boundaries. Zone three is that area within the CRA bounded by the C-16 canal on the north, Boynton Beach Blvd. on the south, 1-95 on the west and the Intercoastal Waterway on the east. This is an area that for many years experienced a high volume of police activity and calls for service. The CRA Board will receive a full report from the Boynton Beach Police Department on the progress of the CRA Special Police. The budget for two officers and related costs is $175,000. Central Business District: Due to the influx of visitors as well as the new construction within the downtown and Marina redevelopment area, the CRA Board approved a contract between the CRA and the City of Boynton Beach for special police. The CRA Board will receive a full report from the Boynton Beach Police Department on the progress of the CRA Special Police. The budget for two officers and related costs is $175,000. Note that the first expenditures for the program in 2003/2004 had a large share of the funding for equipment. 2004/2005 can see 15 .",,~.--.- . .._,---...-,.~-~~.~-----.._~ _ .__~._ _~._~_~."ft~_~_.___;.<>.. ""'.....,.... _-Il Il1O-1. T - - ri ~ -~ additional officer time or number for the same funding amount due to a lesser amount of funding being expanded for equipment. Total Police Program: $ 350,000 TransportationlTrolley: Staff is proposing this as a pilot program, which is on contract and can be modified and / or cancelled at any given time. Future years' contracts are not automatically approved or extended. The CRA is proposing a trolley system to help move people around the Central Business District to avoid the congestion within high-density areas and to transport workers from the Heart of Boynton to jobs located on Congress Avenue as well as other areas of Boynton Beach. We are proposing to contract for services of system operation. The proposed shuttles, of which there are three trolleys for .two routes, will provide transportation 5 days a week with traditional quality vehicles, a high caliber staff and a strong management team. Staff is proposing two routes; the Ocean Avenue Trolley and the Congress Avenue Trolley. The Ocean Avenue Trolley is a local circulator which will transport people to parking areas at City Hall and the Civic Center, thereby relieving traffic congestion and parking issues. The Trolley route is proposed as a 15 minute loop from the Marina to the Civic Center an9 City Hall and back. The trolley would run Thursday through Sunday. All vehicles are the correct passenger size to move substantial number of passengers but is nimble enough to maneuver around downtown. The contractor will be required to be fully licensed and insured. The Congress Avenue Trolley is a local circulator which will transport workers from the Heart of Boynton and downtown Boynton Beach to Tri- Rail and employers located on Congress Avenue. The Trolley route proposed would circulate through the Heart of Boynton up to Gateway past Village Royale on the Green and Village Royale over to the Tri-Rail Station and on to the Boynton Beach Mall and businesses on Congress Avenue. These vehicles are enclosed versus open style of trolley used in the Ocean Avenue Trolley. The trolley will be able to move a substantial number of passengers but will be nimble enough to maneuver around downtown. The Contractor will be required to be fully licensed and insured. The proposed trolley budget for 2004-2005 is $471,966, which includes $170,131 CRA contribution, $120,000 Metropolitan Planning Organization (MPO) Grants, and $181,835 advertising and sponsorships. Staff has applied for a three year grant of $120,000 per year for three trolleys with the MPO, which will meet on July 28, 2004 to approve the 16 -~ grant recipients and award contracts. Staff will also bring forward an advertising and sponsorship plan to help with trolley funding. Exact scheduling will be developed with the area businesses and parking needs assessment. "Congress Avenue Trolley" Expenses Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Driver $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 364,000 Cleaning $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 5,000 Fuel $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 117,000 Maintenance $ 25,935 $ 25,935 $ 25,932 $ 25,932 $ 25,932 $ 129,666 Total Variable Cost $ 123,135 $ 123,135 $ 123,132 $ 123,132 $ 123.132 $ 615,666 Fixed Cost Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 S 9,000 Shelters & Benches $ 0 $ 0 $ 0 $ 0 $ 5,000 $ 5,000 Trolley $ 96,000 $ 96,000 $ 96,000 $ 96,000 $ 96,000 $ 480,000 Insurance $ 21,600 $ 21,600 $ 21,600 $ 21,600 . $ 21,600 $ 108,000 Storage $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 18,000 Administration $ 500 $ 500 $ 500 $ 500 S 500 $ 2,500 Management $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 360,000 Total Fixed Cost $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 968,500 Total Cost Congress $ 316,835 $ 316,835 S 316,832 S 316,832 S 316,832 $ 1,584,166 "Ocean Avenue Trolley" Expenses Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total Driver $ 38,223 $ 40,131 $ 42,151 $ 44,253 $ 46,465 $ 211,223 Cleaning $ 3,380 $ 4,096 $ 3,380 $ 3,380 $ 3,380 $ 17,616 Fuel S 12,285 $ 12,285 $ 12,984 $ 12,285 $ 12,285 $ 62,124 Maintenance $ 3,443 $ 3,413 $ 3,413 $ 4,010 $ 3,798 $ 18,077 Total Variable Cost $ 57,331 $ 59,925 $ 61,928 $ 63,928 $ 65,928 $ 309,040 Fixed Cost Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 9,000 Shelter & Benches $ $ $ $ $ 5,000 $ 5,000 Trolley $ 47,775 $ 47,059 $ 47,775 $ 47,775 $ 47,775 $ 238,875 Insurance $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 54,000 Storage $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 15,000 Management $ 31,225 $ 28,665 $ 28,665 $ 28,665 $ 28,665 $ 145,919 Total Fixed Cost $ 97,800 $ 89,524 $ 91,240 $ 91,240 $ 96,240 $ 467,794 Total Cost Ocean $ 155131 $ 149.449 S 153 168 $ 155168 S 162 168 $ 776 834 System Total S 471 966 S 467 284 S 470 000 S 472.000 S 479.000 S 2361.000 Total Trolley Programs: $ 471,966 17 , ,...,.,. o ____ __,_~._..__.......,___~_ ._v -. --.-,,",-~ .,. - Festivals & Events: The CRA is proposing three events, which include Winter Carnival, Heritage Festival and a monthly Movie Event. The CRA will seek new partnerships with the local business non-profits associations and arts community, while retaining the old partnership with the Chamber of Commerce, BODA and the City of Boynton Beach, in order to build successful self-sufficient events. While past events continue to grow, the single most effective element to significantly expand event potential is to enrich the quality of the entertainment. Staff is committed to the development of sponsorship relationships for additional funding for national performance acts for Heritage Festival and Winter Carnival. Additionally, the quality of entertainment has been proven to be a direct driving force to the number of people who attend events. An increase in funding for better entertainment will increase the attendance which will result in a stronger possibility for a revenue stream. That revenue stream could be a small gate fee, which will assist in attaining the ultimate goal of the CRA which is to assist our partners to develop financially independent events. Finally, staff is proposing additional funding, which will be used towards the goal of improving the quality of entertainment for the events. The current budget per event has been $7,500. Staff is recommending $12,000 x 3 = $36,000 for three events. Heritage Fest continued CRA support will result in bringing people to the redevelopment area, and improving and managing perception of the area. As with all events within the CRA boundaries, they strive to attract economic re-investment. In order to achieve this goal, events are placed in the heart of the CRA activity area, for example, the MLK area. One of many by products is the involvement of the young people in the neighborhood. The CRA funding and staff support was instrumental in achieving a recent milestone. Continued CRA support will be necessary for the event to continue to make positive strides. Support in the Heart of Boynton will assist in rebuilding the reputation of the area and shed a more positive light. Continuous events in the area will not only aid in economically rebuilding the area but help to put in perspective the perceptions about the area. HeritageFest 2005 Caribbean Night Entertainment $ 8,000 (Jamaican, Haitian, Spanish, Trinidad and Tobago) DJ/MC $ 300 Hospitality VIP Tent $ 850 Airline Tickets $ 750 Light & Sound - $ 850 18 -~ Port-a-Lets $ 250 Limousine $ 500 Total $ 12,000 The Boynton Beach Multi-Cultural Winter Carnival in past years has been a partnership between the CRA and Boynton Ocean District Association. This holiday themed carnival celebrates the diversity in culture that exists in Boynton Beach and the neighboring cities. The elements of the event, specifically the International Market Place, Talent Show Case and the Snow Volleyball Tournament, have been designed to appeal to families who celebrate Kwanzaa, Christmas and Hanukkah and increase attendance by attracting families and friends to support the competitors. Goals of the CRA are: retention of people downtown, business development and potential fundraising. Improvements for 2005 are to place significant emphasis on att~ining national entertainment, reduce disconnect between the carnival rides and the rest of the event site and increase revenues corporate sponsorship and increase attendance and vendor participation. Boynton Beach Multi-Cultural Winter Carnival Kwanzaa / Hanukkah Booths $ 200 Ice Skating Rink $ 924 Snow Ice Machine $ 620 Kids Zone $ 875 Radio $ 900 MC $ 250 Production Sound $ 1,350 Port-a-lets $ 349 Photography $ 74 Trophies $ 86 Art Supplies $ 40 Entertainment $ 5,000 T-Shirts $ 232 Refreshments for the Bands $ 100 Community Family Program $ 1,000 Total $ 12,000 "Movies on the Avenue" is proposed to be a monthly' event. The event would take place the second Friday of each month on the five hundred block of Ocean Avenue. Bob Katz, the owner of the lot located at 502 East Ocean Avenue, has not only granted the use of the property for the endeavor but will be addressing some elements that will make the site more conducive to the proposed use. Those elements include painting the western external wall of the building on 506 east ocean avenue for the projection of the 19 -.......-..~-_.>.~ - ' ------_..........--~. . ,__.~_~_.._,..___r __. . ~ _~___~_~_..~~·_-~c_~.,.....,-· -.. ,,~.." -J---. . . , - movies and grading of the adjoining lot and finishing with mulch. The event will be free to the public. However paid elements will include: Chair rental, food and beverages (to be provided by vendors). The event will adopt a 50's /60's theme and invited participants will include local car and bike clubs. Movies will be thematic "Beach Blanket," "Elvis," "Greece," "Rebel without a Cause," etc. "Movies on the Avenue" is proposed to be a partnership among the City, the CRA and Bob Katz Properties and each partner will provide specific elements. The event was designed as replacements for the annual event know as "Wheels Weekend". For a variety of reasons the Chamber of Commerce has terminated their annual car show typically held on day two of the weekend's activities. Consequently, Saturday's events had to be redesigned. It was determined that keeping the theme would be advantageous because the "Wheels Weekend" event had developed a significant following which we hope will continue to support the new event. The proposed plan calls for seven smaller events on a monthly basis. The goal of the evenf is to increase economic impact in the downtown on a more consistent basis and give residents and visitors more opportunities to visit and patronize the businesses in the downtown area. When: 2nd Friday of Each Month (October, November, December, January, February, March, April) Location: 502 E Ocean Ave. Proposed Start Date: October, 2004 Movie Equipment: Contacted Southern Audio Visual License: Contacted Criterion Pictures USA and Swank Motion Pictures, Inc. Proposed Monthly Budget: LCD Projector, Sound System, Engineer $ 1,165 Movies/Licensing $ 350 3 Port-O-Let $ 225 EntertainmenVM usic/Band $ 500 Promotions/Mailings $ 100 City Generator /Staff ($32.50 per hour) $ 200 Total $ 2,540 Annual (Required sponsorship required) $ 17,780 20 -". Alternate Proposed Budget LCD Projector donated or sponsored Sound System, Engineer $ 265 Movies/Licensi ng $ 350 3 Port-O-Let $ 225 Entertainment/Music/Band $ 500 Promotions/Mailings $ 100 City Generator /Staff ($32.50 per hour) $ 200 Total $ 1,360 Annual $ 9,520 Potential Revenue Sources: Vendors, chair rental, corporate sponsorship Partners Contributions: . CRA: Promotions, Movies, Licensing, Technical Support, Equipment, Port 0 Lets, and Police Officers City: Barricades, Caution Cones, Proportional Opportunities, Trash Receptacles, Generator/staff Bob Katz Properties: Site Current Competing Events: Lake Worth 1st and 3rd Fridays Customs: Hot Rods, Abacoa 151 Saturday, Delray Old School Square Movie night flicks 10/29, 11/26,12/171/282/25,3/254/29 Ocean Front Concert Series: 3rd Friday of each month Festivals/Events (3@ $12,000) $ 36,000 State-of-the-CRA & Recognition Event - Attendance Projected 200 Staff is proposing the creation of an annual event "State-of-the- CRA" & Recognition Program for the 2004-2005 budget year. This program would update the public on the development, programs and projects of the CRA as well as recognition for a job well done in the following categories; Façade Improvement Project, Best New Project, Business of the Year, Sponsor of the Year, Non-Profit group of the Year, Volunteer of the Year, Board Member Service Award. 21 , ¡-... , ~ .....-,~~.. . > -- -"'"""---.....~~_. . '- -...~-- ---,----.._."""'..._,-;..........o;;.;.ç-_._."...,~-~-- -. - Revenue Ticket sales (150 @ $45) Total Revenue $ 6,750 Expenses Entertainment $ 500 Speaker $ 2,150 Catering ($25.00 per person) $ 5,000 Promotions, invitations, etc $ 500 Award Plaques (9 @ $50) $ 1,350 Mailings $ 100 Total Expenses $ 9,600 Total "State of the CRA"(Net) $ 2,850 Festival/Event Support Programs Festival Administration and Event Manuals . After each event, an event manual is produced. The manuals are road maps that detail the logistics of each event along with sample documents and tools used in the design and implementation phases. The manuals are made available to anyone interested in viewing the information. These manuals serve a dual purpose: first, as a road map for the event, they enable planning for f!Jture years to be less difficult and cumbersome and second, they can be used by other organizations as a guide for designing successful events. Folders (6 @ $5.00) $ 30 Tabs (6 @ $7.00) $ 42 Miscellaneous $ 1 .428 Total $ 1,500 Sponsorship Development Program The Sponsorship Development Program is proposed to be a systemic approach to increasing sponsorship participation or the budgeted CRA events. Currently, our sponsors are committing to events on a per event basis. The program will bundle all of the events and aim to get multiple year commitments. The program will be implemented in the following phases: Creation of a marketing piece targeted to getting new corporate sponsors, contact existing sponsors and attempt to increase their level of participation and recognition for participation at the Annual "State-of the CRA"IRecognitionEvent. 22 -- Promotions (Brochures Paper 5 packs) $ 35 Mailings (5 mailings of 50 @ .37) $ 93 Miscellaneous $ 372 Total $ 500 Volunteer Development Program Boynton Beach is a city that is currently in an infancy stage as it relates to events. While historically there have been events, they have been sporadic and their growth has been impeded by many economical and social factors. As a result, a base of volunteers has not been established and more significantly not maintained. The existing groups of volunteers are dedicated however; they are weary because of the quantity of time they donate and the small size of the group. . The Volunteer Development Program is proposed as a conscious choice to develop, maintain and educate a select group of citizens to become volunteers. The program will have three phases: Identification of current sources for volunteers, design and implementation of a marketing plan and design and implementation of an interaction schedule. The program will focus on creating a group large enough in size to manage the current budgeted events and festivals identified in the CRA's Events Strategic Plan. The program will focus on continuous communication with citizens before, during and after each event. In addition, the program will create vehicles for the volunteers to provide feedback and suggestions to event organizers. Contributions will be recognized at each event wrap-up but also at the Annual "State-of-the-CRA"/Recognition Event. Promotions Brochures (Paper 5 packs) $ 35 Mailings (5 mailings of 50 @ .37) $ 186 Wrap-up Events (5 events @ $200) $ 1.029 Total $ 1,250 Total Festival/Event Support Programs $ 3.250 Total Festivals/Events: $ 42,100 Business Programs: The Business Genesis Program was approved on March 9, 2004. Program activities and funding for 2004/2005 will be for Phases III and V plus a Development Fair. 23 _i_ 1 .Ii. J - - .......<~-__~.. >_._~~~~.....<-_.J_ -~,~~-~.~~-.<-~ .~_:I<-> - Business Genesis Program Budget: Development Fair $ 1,250 Phase II $ 300 Phase III Misc. expenses $ 200 Phase IV (14 Monthly Meetings $150) $ 2,100 Phase V (Miscellaneous expenses) $ 500 Graduation Event $ 1,500 Office Expenses, Miscellaneous, Postage $ 1.000 Total Business Programs $ 6,850 Holiday & Events Street Decor: The CRA has several banner areas on main streets in the CRA area. Staff is recommending $10,000 for Holiday Decorations in cooperation with the City of Boynton Beach and $5,000 for event banners. . Total Holiday & Events Street Decor: $ 0 Marketing/Promotions: Public Relations Photo Display Boards (2 per event) $ 300 Appreciation Certificates (20 per event) $ 95 Promotions (Paper 5 packs) $ 35 Mailings (5 mailings of 50 @ .37) $ 95 Holiday Mailings (post cards) $ 60 Promotional Materials $ 1,000 Framing (5@$45) $ 225 Total $ 1,825 Neighborhood Groups and Associations (BODA, Chamber, City Events/Activities Expand Public Access to CRA Meetings, Info and Resources) Mailings (5 mailings of 135 @ $.37) $ 250 Total $ 250 Total Marketing/Promotions: $ 2,075 CRA Grant Program Commercial Façade Grants: The CRA's $56,628 for the Façade Matching Grant program has encouraged $169,775 in Private Sector investment in 2003-2004. The enhancement of existing commercial buildings ensures a complete unified look in the City of Boynton Beach. In 2002-03, we 24 ~ had three grant recipients and in 2003-04, we almost doubled that to five recipients. New Grants $ 30,000 Roll Over Grants $ 75.000 Total Commercial Façade Grants $ 115,000 Single Family Owner Occupied Residential Façade Improvements Grant: The "Single Family Owner Occupied Residential Façade Improvements Grant Program" provides a reimbursable matching grant up to $15,000 to encourage Residential Property Owners to upgrade heir properties by improving the external appearance of their homes. 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 grant can be used for such elements as Façade Reconstruction and/or Architectural Improvement; Painting, Shutters, Awning/canopies, Doors/Windows, Landscaping around the Home, Irrigation, Exterior Lighting, and Exterior Wall Repairs. Each applicant must be the owner and reside in the property. Total Single Family Owner Occupied Residential Façade Improvement Grant: $ 0 Economic Business Grant Match: The CRA has assumed the County's Development Regions Grant Program for the Boynton Beach CRA Area. This is a matching grant program for business development and job creation in conjunction with the Palm Beach County Economic Development Department. Generally, the match is 1/3 Applicant, 1/3 CRA and 1/3 County. The CRA has set aside funding in the Economic Business Grant Match. In 2002/2003, we had two recipients. The CRA has continued this program in 2003/04 to help local businesses compete in the changing redevelopment environment. Delray Boynton Academy received a grant for $50,000, which was matched by the County and added $805,502 into the economy with 10 new jobs created. Based upon one recipient from 2003/04, Roll Over Grants $ 85.000 Total Economic Business Grants $ 85,000 25 , . -~, ~ < ,.- ._-~--<,,---,-<...-----,=---.~'-.- --< - ."~~.. ----<-~_._,-~~.~~~..' ->.....~ - , . -> Existing Owner Assembly & Redevelopment Incentive Grant: The "Existing Owner Assembly & Redevelopment Incentive Grant Program" provides a reimbursable matching grant up to $15,000 to encourage the self-assembly of adjacent properties for redevelopment. The grant program will be available to owners who plan to cooperatively assemble properties for redevelop within 12 months of completion of the grant activity work. The aggregate area of commitment will be a minimum of 1.5 acres assembled for projects up to the MU-L zoning and 2.0 acres for projects proposed as MU-H zoning. The minimum number of different grants applicants (properties) will be three. This grant can be used for survey, initial site planning, appraisals, legal and/or feasibility studies and other similar services for the assembled property areas. All participating property owners are sub applicanfs to the grant. Each sub-applicant must be listed in the grant application with the estimated costs for each of the requested activities. All costs associated as being part of an overall master assembly will be identified. Total Existing Owner Assembly & Redevelopment Incentive Grant: $ 0 Total CRA Grant Programs $ 200,000 Direct Incentives: The Direct Incentive Program is the CRA's primary development incentive program that is in support of the best of the best projects. Direct Incentives are generally paid after the project has appeared on the tax assessor's tax rolls. The budget line item projection reflects the maximum potential incentive per project; therefore, incentive cost may be less if scoring does not meet full impacts. Total Direct Incentives: $ 0 Direct Incentives Loan (Arches): The Direct Incentive Loan program is a request for upfront loading on the Direct Incentive request. This one time loan received approval by the CRA Board in November 2003. Total Direct Incentives Loan (Arches): $ 0 TOTAL PROGRAM: $1,077,991 26 - PROJECTS CRA Office: Staff is recommending a down payment of $300,000 for the purchase of a building or land. Total CRA Offices: $ 0 BBB/RiverwalklPromenade Project: Construction started in 2004 on the construction of the Boynton Beach Blvd Extension, Promenade/Riverwalk Design Build Project. Burkhardt Construction has presented the cost of $19,345,207 and completion date of April 2007 for the completion of the project. Staff has broken the cost of each phase into fiscal years and the costs for 2004-2005 are as follows: . Boynton Beach Blvd. Extension $ 2,552,872 Riverwalk $ 180,383 Promenade $ 177 .237 Total Cost for 2004-2005 years: $ 2,910,492 BBB land Payment: The CRA is projected to contribute an additional $1,000,000 for the Hall Property. Total BBB land Payment: $ 0 HOB Commercial land Acquisition: The CRA will assemble projects in Phase I for redevelopment in the Heart of Boynton area. Total HOB Commercial land Acquisition: $ 684,457 Way-Finding Signage: The first round of signs for the local Business Districts, City Attractions and Facilities, Public Parking and Transportation linkage points was completed in 2003-2004. Proposed is a second round of signs in our Way- Finding Sign program. Total Way-Finding Signage: $ 0 27 ,,-- 1 -- ·lilT. --~,~~---_. ~ ._---...;-~-->---..>._~-_. < - - <;.- ~.-~,,~-~-_,~- ""'¡-.oJI.~-- -----' --- - Marina Parking Garage: The CRA Board approved the proposed garage to provide 70 spaces for both general public in the Marina District. The project will be completed in 2005-2006. Total Marina Parking Garage: $ 750,000 Town Square Project Development: The funding is in partnership with the City of Boynton Beach to implement a Town Square development Program. Total Town Square Project development: $ 0 Savage Creatures Museum: This funding is to begin the next step towards potential eštablishment of the Savage Creature Museum concept in Boynton. Total Savage Creatures Museum: $ 45,000 Miscellaneous Projects: This category shall be for any special projects that may occur, which need to be completed by the CRA. Total Miscellaneous Projects: $ 0 NOTE: Savage Creatures, Old High School Renovation and Town Square may emerge as reqùiring CRA Fund Underwriting as seed or grant matching funding. These opportunities would be addressed as they occur on a case by case basis. Several options and sources for funding would be available for CRA participation, if approved by the Board. 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