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Agenda 01-10-06 BOYNTON BEACH If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, January 10, 2006 City Commission Chambers 6:30 P.M. I. Call to Order II. Roll Call III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda IV. Consent Agenda: A. Approval of the Minutes-CRA Board Meeting December 13, 2005 B. Approval of the Minutes-CRA Board Meeting December 15, 2005 C. Consideration of In-Kind Sponsorship for City's Medieval Faire D. Update on Heart of Boynton Phase I Progress E. Update on the Self-Assembly Program F. Consideration of a Fac;:ade Grant-C.K.'s Security Systems & Sounds G. Monthly Report to the Board H. Approval of the Minutes-CRA Board Workshop December 21,2005 I. Consideration of a Jazz Concert Series J. Consideration of Boynton Beach Blvd Extension FPL Additional Costs BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Ave. Ste. 103 Boynton Beach, FL 33435 Office: 561-737-3256 . Fax: 561-737-3258 www.boyntonbeachcra.org J. Consideration of Boynton Beach Blvd Extension FPL Additional Costs V. Public Comments: (Note: comments are limited to 3 minutes in duration, and will be responded to at the next board meeting VI. Public Hearing: Old Business A. Intracoastal Park Maior Site Plan Modification I. PROJECT: Intracoastal Pavilion (MSPM 05-013) AGENT: David Stump, Project Manager City of Boynton Beach OWNER: City of Boynton Beach LOCATION: 2240 North Federal Highway DESCRIPTION: Request for major site plan modification to construct a 12,800 square foot two-story community center on the 8.88-acre Intracoastal Park zoned REC. New Business A. Little Achievers Learning Center Conditional Use I. PROJECT: Little Achiever Learning Center (CaUS 04-007) AGENT: Dave Beasley OWNER: Stewart Davis LOCATION: Northwest comer of Northeast II th A venue and Railroad Avenue DESCRIPTION: Request for Conditional UseINew Site Plan approval for the construction of a 6,097 square foot daycare and related site Little Achievers Learning Center Hei!!ht Exception 1. PROJECT; AGENT: OWNER: LOCATION: DESCRIPTION: B. Edward Medical Offices Site Plan Time Extension I. PROJECT: AGENT; OWNER: LOCATION: DESCRIPTION: improvements on a 37,391 square foot parcel in the Single-family and Two-family Residential (R-2) zoning district. Little Achiever Learning Center (HTEX 06-001) Dave Beasley Stewart Davis Northwest comer of Northeast 11 th Avenue and Railroad A venue Request for Height Exception approval to allow thc proposed decorative cupolas on the roof of a one (1 )-story building at a height of 33 feet, eight (8) feet above the maximum height limit of 25 feet for a daycare use within the Single-family and Two-family Residential (R-2) zoning district. Edward Medical Offices (SPTE 06-001) Hany Edward Hany Edward 3908 South Fedcral Highway Request for a one-year Site Plan Time Extension for site plan approval granted on November 16,2004, from November 16, 2005 to November 16, 2006. XII. XIII. XIV. XV. XVI. VII. Pulled Consent Agenda Items: VIII. Old Business: A. Consideration of the CRA Executive Director Position B. Consideration of the Removal of the Promenade Bathroom Facility C. Review of Direct Incentive Funding Agreement with Boynton Associates, Ltd. IX. New Business: A. Consideration of an Assemblage Request for Three Commercial Properties in the First Financial Plaza B. Unfinished Business: 1.) Request to Temporarily Remove the Direct Incentive Program for Board Revision X. Project Preview XI. Comments by Board Members Comments by Board Attorney Comments by Staff -t; ""t"nl1ey UpJC{1 e. Future Project Preview Future Workshops . February 22, 2006 - Housing Needs Assessment Library Program Room - 6:30 pm Adjournment III. AGENDA APPROVAL - A. ADDITIONS, DELETIONS, CORRECTIONS TO THE AGENDA III. AGENDA APPROVAL - B. ADOPTION OF AGENDA A. Approval of the Minutes-eRA Board Meeting December 13, 2005 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 13, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Steve Myott Ken Spillias, Board Attorney Lisa Bright, Interim CRA Director Absent: Marie Horenburger I. CALL TO ORDER Chairperson Heavilin called the meeting to order at 6:30 p.m. She recognized the presence in the audience of Commissioner Ferguson and welcomed him to the meeting. II. ROLL CALL The Recording Secretary called the roll and declared a quorum was present. III. AGENDA APPROVAL A. Additions. Deletions. Corrections to the Aqenda Chair Heavilin asked that Agenda Item VI-A, Consideration of the CRA Bond Issuance #2 and Approval of Resolution 05-13, be heard first to accommodate the schedule of the Board's bond attorney, Another request was made to move Agenda Item VII-A, Ocean Breeze Direct Incentive Application and Agreement to precede the Public Hearing items. Planning & Zoning staff requested that Agenda Item V-F, Intracoastal Park Major Site Plan Modification for the Pavilion, be pulled and moved to the agenda for December 15, 2005. B. Adootion of Aqenda Motion Vice Chair Tillman moved to approve the agenda, as amended. Mr. DeMarco seconded the motion that passed 6-0. IV. PUBLIC COMMENTS Chair Heavilin opened the floor for the public to speak on any item that was not on the regular Public Hearing agenda, and closed it when no one came forward to speak. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 VII. NEW BUSINESS (Heard out of order) A. Consideration of CRA Bond Issue #2 and Aooroval of Resolution 05-13 Since Mark Raymond, the Board's bond attorney, was not present yet, the Board proceeded to consider the Ocean Breeze Direct Incentive Application and Agreement. VI. OLD BUSINESS (Heard out of order) A. Ocean Breeze Direct Incentive AODlication and Aoreement Vivian Brooks, CRA Planning Director, introduced the item and summarized the project for the Board. CRA staff had worked with the developer to achieve the kind of product the Board had asked to see, keeping the issue of affordability in the forefront. The market in the Heart of Boynton area was unproven at present and especially for new construction. The CRA hoped to see more development in the area and believed this project would encourage that. Ms. Brooks expressed support for the incentive and the project, believing the incentive was a good use of the Agency's Tax Increment Funds (TIF). Mr. Myott inquired whether the incentive would be proportional to completed units, since the project was planned for two phases. Ms. Brooks responded TIF dollars would only flow Proportionate to completed construction. Vice Chair Tillman inquired about the length of time on the incentive, and Ms. Brooks responded the time was one year with an additional year pOSSible with Board approval. All the affordable units are to be completed in Phase 1. Chair Heavilin inquired whether the direct incentive would help the developer offset the cost of keeping the 10 units affordable, and Ms. Brooks responded that it would. The remaining units would be affected by market factors and fluctuate accordingly. Mr. DeMarco asked for and was given assurance this understanding was in writing. Mr. Barretta inquired whether the incentive was front-end loaded for both phases, and Ms. Brooks responded it was. Mr. Fenton inquired about the type of income being considered for buyers. Ms. Brooks explained there were several factors affecting this, including family size and income. Mr. Fenton was concerned a retiree living elsewhere in the City with an income of $50K a year could qualify for subsidized housing and it appeared this was possible. Bradley Miller, Miller Land Planning ConSUltants, Inc., expressed the belief the applicant had met or exceeded all criteria of the direct incentive agreement. The request includes a waiver from the requirement to reimburse the CRA for the money it expended to demolish the old Boynton Terrace Apartments. Mr. Miller asked the following statement be read into the record: "Our Incentive Request is two-fold. We have applied for your Direct Incentive Program and additionally we have asked for a waiver for the repayment of funds you advanced to the City to demolish old Boynton Terrace Apartment Project. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 First; I would like to speak to the Direct Incentive Program. We have completed the application and we meet; actually exceed, all criteria. Simply stated, the scoring gives us 140 points, but only 100 points is necessary to receive 100% ofthe Incentive. It is important to note that you have modified your scoring to place emphasis on projects in the HOB such as this one. They receive an automatic full scoring in almost all categories, recognizing the significant risk associated with development in this area, which has had no new residential or commercial construction of significance in decades. This area has been designated as ''slum and blight" by the City/CRA and is an area noted for its criminal activity. The incentives help to offset the additional cost and risk the developer faces when developing properties in this unproven market; for being pioneers, for taking the lead. Here is the first paragraph from that program: 'The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. ' The Direct Incentive Program is that market support in these early stages of redevelopment of the HOB. The Incentive Program is an effective tool for the CRA to use to spur redevelopment in this area. Additionally, the required affordable housing element within the program helps to address the need for affordable housing stock in the area. You heard at the recent workshop that the City has $lM available at a maximum of $75,000 per home, but no homes. Should you approve our application, you have put a minimum of ten homes in the program, but currently, all our homes qualify for inclusion in the program. Second, we ask that the CRA waive the repayment of the funds used for the demolition of the Boynton Terrace Apartments. This is allowed under the guidelines of the Community Development Block Grant Program and is contained in The Heart of Boynton Redevelopment Master Plan on page 98. City officials and the CRA were clear in their message to us that they would prefer not to see another low-income rental project (a la Boynton Terrace) and that they would prefer home ownership. While we are allowed by Code to build another rental project and there is no restriction on pricing, whether for rent or for sale, we are moving forward with ''for sale" product as requested, helping to bring home ownership to the area. We feel the City/CRA achieved its goal by demolishing the apartment complex, as the demolition made it pOSSible to renovate and reopen the property. In its place, we have agreed to build ''for sale" housing as requested. I am sure you understand the cost and risk going to ''for sale" product from proven Section 8 or market rental produce, which are both allowed under our zoning classification. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Additionally, staff has requested that we upgrade the property far in excess of Code requirements, which has a substantial up front cost and carry. The requested demo funds waiver will help offset those additional costs related to CRA staff requests and the additional risk in building for sale as opposed to for rent To finish, we hope you are as excited as we are, as this is an exciting time. This will be the first new project built in this area and will help implement the City's/CRA's redevelopment goals. We are ready to start construction and the Direct Incentives and the waiver of repayment of demolition funds will allow us to build a single family attached home community that not just meets code, but exceeds it considerably. This new development will not only be a great example for future development, we are confident it will be a catalyst for additional development in this long-ignored area of town and it contributes to the inventory of workforce housing, all primary goals of the CRA. This is a win/win for the CRA, the City and the Community, and we ask your approval. " Mr. DeMarco asked to hear the opinions of Quintus Greene, the City's Development Director, and Mike Rumpf, the City's Planning & Zoning Director. Quintus Greene, Development Director, preferred not to comment on the Direct Incentive item, but stated from the City's standpoint, the project conformed to the zoning for the proposed site. The City believes the design of the project conforms to the Floribbean concept outlined in the Heart of Boynton Plan, especially the standing seam metal roof and the City would like to see this theme repeated throughout the Heart of Boynton area. The colors were appropriate and the fa~ade had sufficient detail. The City found the project to be acceptable. Mike Rumpf, Planning & Zoning Director, agreed with Mr. Greene's assessment. He added staff had strongly defended the Heart of Boynton Plan in its recommendations and if changes were to be made to that Plan, staff strongly urged the community be involved in those changes. Given the fact the land use and zoning is in place and it will provide needed housing for the area, the City supports the project. Mr. Myott hoped the "bugs" had been worked out of the Direct Incentive Agreement Program. Ms. Brooks responded they had learned from The Arches and had now included the proviso if a major site plan modification takes place, it has to come back before the Board for approval, independent of whether the taxable value changed. The developer is given one year to have a building permit pulled and get the project moving. An additional year can be given before the incentive grant expires. Lisa Bright, Interim CRA Director, mentioned several items in the Direct Incentive Grant Agreement needed to be revised. CRA staff would soon be asking permission of the Board to pull the Agreement from the Web site to give staff an opportunity to make those revisions. Chair Heavilin believed the Ocean Breeze project was exactly the area and kind of project for which the Direct Incentive Program was devised. Incentives were very much needed in the Heart of Boynton area. This was the first project to come before the CRA for the Heart of 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Boynton and if it were not approved, the Board would be sending a message to the community that the CRA did not want redevelopment. Motion Vice Chair Tillman moved to approve the Ocean Breeze Direct Incentive Application and Agreement for Boynton Associates, Ltd. including and up to the costs incurred by the CRA for the demolition of the former Boynton Terrace Apartments. Mr. DeMarco seconded the motion. Attorney Spillias stated the developer had presented a change in the definition of "developer" at the last minute and this had to be discussed. Attorney Spillias suggested the motion include the approval was subject to any final definition approved by the attorney. Vice Chair Tillman and Mr. DeMarco agreed to include Attorney Spillias' statement in the motion. The motion passed 6-0. VII. NEW BUSINESS (heard out of order) A. Consideration of CRA Bond Issue #2 and Aooroval of Resolution 05-13 Robert Reardon, CRA Controller, introduced the Board's bond attorney, Mark Raymond, and its financial advisor, Julie Turner. The Board was considering Resolution 05-13 representing a $12M bond issue, a quarter of which was non-taxable and three-quarters of which was taxable. Mark Raymond, Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., responded to Mr. Fenton's request to explain to the public why this bond issue called for a preponderance of taxable bonds. Mr. Raymond explained that under Internal Revenue Code, the indirect Federal subsidy available for tax exempt financing was limited to projects Congress considered to be for essential functions. More than half of the time, CRA projects did not meet the requirements for the subsidy. The only thing in the bond issue that qualifies for the subsidized, non-taxable classification is the acquisition of right-Of-way Improvements for public roads. It was pOSSible there would be uses of the taxable bonds that could qualify for tax exemption, because they did not have to restrict the use of that money. On the tax-exempt portion, they would say, "This can only be used for things that I know satisfy the requirements for tax-exempt financing." On the other hand, for taxable, there was nothing that prohibits using that money for tax-exempt purposes, although it would not be the best way to borrow and they did not intend for that to happen. If the cost of the road were to be more than expected, some of the taxable money could be used for it, for example. Under the Internal Revenue Code, no more than 10% of the proceeds of the taxes and bond issue can be used for property that is used in a private trade or business. They believe what the CRA intends to finance with the bond proceeds is the Heart of Boynton, the Workforce Development Plan, and this surpasses the 10% threshold. So, those bonds have to be issued on a taxable basis. Mr. Fenton asked about the rating of the bond without the City's backing and insurance. Could the CRA come to the market without the City? Ms. Turner responded they could possibly come to the market without the backing of the City, but they would pay much higher rates than they 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 were currently paying, even on the taxable portion. It was more challenging to go to the market with a non-rated issue. Mr, Fenton asked why the big balloon at the end was about 50% when the first three years were very "skimpy" on the principal return. Ms. Turner responded the bond issue was structured to prOVide overall level debt service, considering the CRA's outstanding debt _ the 2004 bonds issued and the outstanding parity note. This would provide the CRA with a level debt structure in the future of about $2.5M a year. Ms. Turner said since the yield curve was so flat currently, it was the perfect time to borrow long, if it were to benefit the CRA in the long term. Mr. Fenton asked what the debt ratio coverage was, and Ms. Turner responded, 1.53. Mr. Fenton asked what rating this would normally get. Ms. Turner responded if the City were not providing backing, it would probably be a lower investment grade or possibly non-rated because tax increment revenues are considered to be quite volatile. However, that was based on the prior year's revenues. The 2005 revenues were about $3.8M and the preliminary tax roll for 2006 was already $6.1M, so the CRA had quite a bit of coverage already with those preliminary numbers. Mr. Fenton asked what the underwriting fee was and Ms. Turner responded, 112 of 1 percent. Mr. Myott noted the designation of 4th Avenue on the design should be changed to 4th Street, and Planning & Zoning staff agreed. Mr. Myott believed the $750K was assisting the City with a larger project. Ms. Bright indicated the CRA had appropriated $225K in the 2004-05 budget year for the design and that would be coming before the Board at its December 15, 2005 meeting. The City Manager asked the CRA to revisit the concept for the streetscape as well as the design/construction. The $750K wouid be for the actual construction in conjunction with the City's $1.2M. The CRA's part was $975K. Ms. Bright noted the design was put in the old bond and construction was put in this bond. Mr. Myott asked whether land assembiy was CRA-wide, and Ms. Bright responded the $4M was targeted for Heart of Boynton land assembly, with $3,025,000 targeted for buy-down vouchers and the rest of the affordable program initiatives. Mr. Myott asked if the CRA could use the money CRA-wide if it so desired, and Ms. Bright responded that on advice of the bond attorney, they could do so. Motion Vice Chair Tillman moved to approve CRA Bond Issue #2 and Resolution 05-13. Mr. DeMarco seconded the motion that passed 5-1, Mr. Fenton dissenting. V. PUBLIC HEARING Old Business - None New Business: Attorney Spillias asked the Board members if they had any ex parte communications with the developers before the Board at this meeting. Chair Heavilin and Vice Chair Tillman both noted they had some contact with the applicant for the Ocean Breeze project over a period of several months. Attorney Spillias asked for and received confirmation they would make their decisions based on the information they heard at this meeting. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Attorney Spillias noted this was a quasi-judicial board and the procedures were available to the public on a printed handout on a stand in the back of the room. He proceeded to swear in all persons who planned to speak during the Public Hearing portion of the meeting. Annexation A. Annexation - Miller Road Proiect 1. Project: Agent: Owner: Location: Palm Cove (ANEX 05-05) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion of a 7.402- acre project Description: Land Use Plan Amendment/Rezonino 2, Project: Agent: Owner: Location: Palm Cove (LUAR 05-019) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial, Local Retail Commercial (City) and Medium Residential-5 and Commercial High/5 (County) to Special High Density Residential; and Description: Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Dick Hudson, Sr. Planner, reviewed the Palm Cove project, stating staff recommended approval of the requested annexation, land use amendment and rezoning for the following reasons: . The requested annexation is consistent with the City's annexation policy. . The property is contiguous to properties lying within the City of Boynton Beach and forms a reasonably compact addition to the City boundaries. · The future land use amendment is consistent with the policies of the City's adopted Comprehensive Plan, particularly the portion of Policy 1.16.1 defining Special High Density Residentia/land use relative to redevelopment planning, urban densities and housing opportunities. . The proposed redevelopment plan is consistent with the VISion and recommendations of the Federal Highway Corridor Community Redevelopment Plan. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 · The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Abandonment 3. Project: Agent: Owner: Location: Palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of Lot 6 of "Killian's Park;" thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. Description: New Site Plan 4. Project: Agent: Owner: Location: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district. Description: Eric Johnson, Planner, presented an overview of the site plan and the abandonment request simultaneously. The project proposes 25 different buildings for a total of 121 dwelling units at a density of 16.34 dujacre. Town homes are permitted uses in the proposed zoning district. Staff reviewed the project for concurrency and found the infrastructure and services are or will be in place prior to the issuance of a building permit. The main point of ingress and egress is along Federal Highway. Along Dixie Highway there is a point of egress only and it will be gated. The project requires 252 parking spaces and it proVides 278 parking spaces. The west landscape buffer would be seven and a half feet and the south landscape buffer five feet, the north landscape buffer eight feet, and the eastern landscape buffer on Federal Highway twenty feet. Staff approves of the landscape plan. Approval of the site plan is contingent on the approval of the accompanying request to abandon a portion of Miller Road. Staff determined the portion of the subject right-of-way to be abandoned does not serve a public purpose and approval was recommended. Condition of approval #3 requires the applicant to provide a turnaround area for the benefit of the houses on Miller Road. Mr. Johnson had verbal approval from Palm Beach County that this turnaround area would not be required. However, the condition of approval is worded to say that if Palm Beach County determined improvements were not required, no modification would be needed to the current configuration of Miller Road. Staff is waiting for a written response from Palm 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Beach County. All public agencies reviewed the abandonment request with no comment except that Florida Power & Light had approval with conditions. Staff recommended approval of the site plan, subject to the 50 conditions of approval. Staff also recommended approval of the abandonment request, subject to four conditions of approval. Vivian Brooks, CRA Planner, noted a recommendation was made to the applicant about creating a pedestrian environment consistent with the Federal Highway Plan and the improvements were made on the frontage of the buildings along Old Dixie Highway and Federal Highway. The CRA found the request to be consistent with the goals and objectives of the Federal Highway Redevelopment Plan. Chair Heavilin asked the applicant whether the developer would agree to all the conditions of approval. Kim Glas-Castro of Ruden McClosky appeared on behalf of East Coast Communities and indicated they agreed with all the conditions of approval. Mr. Myott asked staff if there were a plan for winding sidewalks or greenways along the wide rights-of-way. Mr. Hudson noted the extra wide right-Of-way was a requirement of the City's Engineering Department. He did not know of any plans to do anything of that nature immediately. Mr. Myott wanted to know if the sidewalk plan was tied to any other plan such as a master plan or a greenways plan. Mr. Hudson said the current pavement was far to the west side of the right-of-way and at some point, he believed the applicant wanted to relocate this closer to the center and widen it. It seemed to Mr. Myott that an opportunity was there for special landscaping, greenways, or meandering sidewalks. Ms. Castro summarized the various requests from the applicant and offered to answer questions. Eric Mills, Virtual Design Group, gave a PowerPolnt presentation of the site plan. Mr. Myott complimented the applicant on the elevations, which were the nicest he had seen to date. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one wished to speak. Motion Mr. Barretta moved for approval of the annexation request for Paim Cove (ANEX 05-005). Mr. DeMarco seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the Comprehensive Plan change as requested for Paim Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation 1. Project: Agent: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project Owner: Location: Description: Land Use Plan Amendment/Rezoninq 2. Project: Agent: Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and Owner: Location: Description: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dick Hudson, Planner, stated staff recommended approval of the request for annexation and land use amendment change as requested. Gulfstream Gardens II was a follow-on project to Gulfstream Gardens I the Board heard a year ago. The project is located just south of the Palm Cove project, which the Board approved at this meeting. The annexation request is consistent with the City's annexation policies; the property is contiguous to properties lying within the City of Boynton Beach and forms a reasonable compact addition to the City boundaries. The future land use amendment is consistent with the policies in the City's adopted Comprehensive Plan, and particularly that portion of the land use element that defines SpeCial High Density Residential and its uses relative to redevelopment planning and urban densities and housing opportunities. The plan for this property is consistent with the vision and recommendations of the Federal Highway Corridor Community Redevelopment Plan and meets all of the criteria for review as required under the Land Development Regulations. Approval of the site plan would be required simultaneously with approval of the zoning and land use. New Site Plan 3. Project: Agent: Gulfstream Gardens Phase II (NWSP 05-028) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site improvements on a 5.47-acre parcel in the Planned Unit Development (PUD) zoning district. Owner: Location: Description: Eric Johnson, Planner, reviewed the site plan request. The maximum density allowed by the Special High Density Residential land use is 20 du/acre, which would allow for 109 units in this project. The site proposes 110 town house units, which exceeds the project's maximum allowable density. If Gulfstream Gardens Phase I and Phase II were combined under a Unity of Title, this objection would go away. Gulfstream Gardens Phase I was approved with one unit short of what it could have. Staff reviewed the project in terms of concurrency and determined any infrastructure or services that are not in place as of today would be in place prior to the issuance of any building permits. In Phase II the site plan proposes an alternate point of emergency ingress and egress with a driveway opening meant for the use of emergency vehicles only. Based on the number of units in the development, the overall design, and for safety purposes, staff recommended finishing the driveway for full ingress/egress for use of the residents. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 The project is over parked by 26 spaces. More than one half an acre of the subject property would have a "green area" designation. The buildings would be set back at least 16.4 feet from the east (front) property line along Federal Highway. The site plan proposes ten 3-story buildings throughout the development. Staff reviewed the site plan and recommended approval contingent upon meeting the 33 conditions of approval. Mr. Johnson asked condition of approval #20 be modified and replaced with the following language: The Special High Density Residential Land Use classification allows for up to 20 dujacre. Based on the project acreage, the site plan would be limited to a total of 109 dwelling units. At the time of permitting, eliminate one dwelling unit and submit a rectified site plan so there are no more than 109 dwelling units; or, a rectified master plan showing Phase 1 and Phase 2 combined with no more than 308 dwelling units. That Unity of Title Master Plan would insure the project density would meet the requirements of Special High Density land use classification. Vivian Brooks, CRA Planner, met with the applicant and expressed a concern about the lack of a sidewalk in the City's easement from the individual units. She had requested this to create the pedestrian environment on Old Dixie Highway, but the applicant did not comply with her request. It created more of a gated community feel on Old Dixie, which is not consistent with a number of other developments approved by this Board in the recent past. She requested the applicant comply with that request to be consistent with other developments with Old Dixie frontage. This would be Condition of Approval #34, if the Board chose to add it. Mr. DeMarco asked for the timetable for Phase I and Phase II of the project. Staff commented the timetable for Phase 1 had been approved previously. He deferred to the applicant for more details on the timetable. The Board did not have any further questions. Bradley Miller, Miller Land Planning Consultants, Inc" appeared as representative for the owners of the project. Mr. Miller stated the applicants were in agreement with a majority of the Conditions of Approval. They agreed with Mr. Johnson's restatement of condition #20. They wanted to discuss condition #33. In regard to the sidewalk issue raised by Ms. Brooks, there are sidewalks that lead out to the Federal Highway side. On the Dixie Highway side there was going to be additional landscaping. This was a continuation of the already-approved Phase I project. The applicant proposed an emergency exit location at the northwest corner of the project. They had primary access points on Federal Highway, as part of Phase I, that led directly in to the clubhouse that will serve the whole community. There was also an access point on Dixie Highway. The applicant felt a third access point was not a requirement due to traffic conditions from the County or the City. They felt having it would breach some of the privacy they wanted to create with the community. The applicant felt the number and location of driveway ingress and egress points was sufficient and requested that condition #33 be stricken. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Mr. Barretta inquired why the applicant objected to Ms. Brooks' recommendation for sidewalks. Mr. Miller responded they were trying to continue the same theme as Phase 1. They were providing sidewalks on the Federal Highway side, but wanted to create privacy for the residents on the Old Dixie Highway side. Chair Heavilin noted a sidewalk on the Old Dixie Highway side was shown on the site plan for Phase 1. Mr. Myott responded it was the connections from the sidewalk to the front doors of the units. The ones on the Federal Highway side were very short but on Old Dixie Highway, because of the right-of-way, they would be quite long. He thought there could be some kind of "faux" design where the fences changed to mimic what was happening on the Federal Highway side - by changing the post pattern possibly. Ms. Brooks agreed with City staff's comments about a third point of ingress/egress for the convenience of certain residents who would, otherwise, have to drive for quite a distance before they could exit the community. Mr. Myott suggested tying the third emergency access road to the trash compactor site, which was oddly situated in the present design. Mr. Miller thought this was a possibility and agreed to continue to work with staff on this. Michael Rumpf, Planning & Zoning Director, stated the City was seeing more projects approved, even small ones, with two or more entrances. There was greater acceptance of a denser environment, but the need for more points of ingress/egress would continue. Chair Heavilin opened the floor to the public and closed it when no one wished to speak. Motion Mr. Barretta moved to approve the annexation request for Gulfstream Gardens Phase II (ANEX 05-004). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Land Use Plan Amendment/Rezoning request for Gulfstream Gardens Phase II (WAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Rezoning request for Gulfstream Gardens Phase II (WAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the site plan for Gulfstream Gardens Phase II (NWSP 05-028), subject to the 33 conditions of approval and the one condition of CRA staff. Vice Chair Tillman seconded the motion that passed 6-0. Mr. Miller asked if the motion had included the modification to condition of approval #20, and Mr. Barretta said that was the condition of record. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 C. 401 North Dixie (Olsson Prooerlv) Land Use Amendment/Rezonina 1. Project: 401 North Dixie (Olsson Property) (LUAR 05-013) Jack White Mildred Martin 401 North Old Dixie Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Low Density Residential; and Agent: Owner: Location: Description: Request to rezone from C-3 Community Commercial to R-l Single Family Residential Proposed Use: Maintain existing single-family home Hannah Matras, Economic Planner, stated staff recommended approval of the request because: . It is consistent with the land use and zoning designations of properties extending south of the subject parcel. . It brings the current use into conformity with zoning and thereby removes an impediment to market transactions and possible revitalization of the area. . The physical attributes of the subject property make its redevelopment unfeasible under current zoning. . It is consistent with the intent of the Comprehensive Plan. Chair Heavilin opened the floor for the public to speak on this item, but closed it when no one came forward to do so. Motion Vice Chair Tillman moved to approve the request to amend the Comprehensive Plan Future Land Use Map and rezoning as requested (LUAR 05-013). Mr. Myott seconded the motion that passed 5-0. Mr. DeMarco was out of the room. D. Haoov Homes Heiahts (Ballard) Zonina Code Variance 1. Project: Agent: Owner: Location: Description: Happy Homes Heights (Ballard) ZNCV 05-008 Kevin Ballard Prime Property of the Palm Beaches 133 N.E. Ith Avenue Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requIring a minimum lot area of 6,000 square feet, to 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 allow a minimum lot area of 5,429 square feet, a variance of 571 square feet for a proposed single-family residence within the R-2 single and two-family zoning district. Mr. DeMarco returned to the meeting. Kathleen Zeitler, Planner, made a presentation on behalf of staff. A single-family residence is a permitted use in the R-2 zoning district. Happy Home Heights subdivision was platted in 1925 with lots 41 feet by 90 feet and these lots are considered substandard today. The applicant assembled almost three lots (Lots 3 through 5, except the east five feet of Lot 3, and divided the assembled property into two larger and less non-conforming building lots. He was able to construct one home on the western lot in compliance with the non-conforming lot provisions, which that lot met. The parcel needs to contain at least one whole platted lot, have not less than 50 feet of frontage and not less than 5,000 square feet and meet all the setback regulations. The subject property met all those requirements except it did not contain one whole platted lot. Therefore, the applicant had to meet the current requirements for the R-l zoning district instead of the non-conforming provisions. He proposes to meet all the setbacks, lot frontage, minimum living area, maximum lot coverage and height for the R-l district. He is requesting a variance of 571 feet from the lot area requirement. Staff believes that literal interpretation of the criteria would deprive the applicant of the right to develop the property. Staff reviewed the criteria necessary to consider a variance and believes this application meets all the criteria. Staff recommended approval of the variance based on a finding of hardship. Vivian Brooks, CRA Planner, recommended approval of the item. The area is one the CRA wants to revitalize with single-family infill in the Heart of Boynton. This is precisely what the CRA should be doing. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one came forward. Mr. Myott said it was zoned R-2, which would permit a duplex, but he asked for confirmation the applicant wanted to build a single-family home. Kevin Ballard, owner of the subject property, confirmed he wanted to build a single-family home. Motion Vice Chair Tillman moved to approve the request for a variance for Happy Homes Heights (Ballard) (ZNCV 05-008). Mr. DeMarco seconded the motion that passed 6-0, Chair Heavilin welcomed Mayor Taylor and his wife to the meeting. E. Ocean Breeze West New Site Plan 1. Project: Ocean Breeze West (NWSP 05-030) 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Agent: December 13, 2005 Bradley Miller, Miller Land Planning Consultant, Inc. Boynton Associates L TD 801 North Seacrest Boulevard Request for site plan approval to construct 37 fee-simple townhouse units, recreation amenities and related site improvements on 3.44 acres in the Multi-family Residential (R- 3) zoning district Owner: Location: Description: Eric Johnson, Planner, presented this item on behalf of staff. The project lies in the boundaries of the Heart of Boynton Redevelopment Plan. Staff review of concurrency showed compliance. The project proposes one pOint of ingress and egress along Sea crest Boulevard and an alternate along 1st Street. Mr. Johnson displayed the site plan, showing a five-foot landscape buffer all the way around the project. A two-way drive aisle goes around the perimeter of the property. The buildings are proposed for the center of the lot. The project has more than adequate parking. There are eight separate buildings with units of 1,399 square feet under air. The R-3 zoning district allows a maximum height of 4S feet and the proposed two-story structures do not exceed 30 feet at the peak of the roof. There area 31 conditions of approval and staff recommended approval contingent upon meeting all those conditions. Vivian Brooks, CRA Planner, said they had worked with the applicant to come up with a product that was affordable under the County and City affordable housing programs and was architecturally consistent with the Heart of Boynton schematic plans adopted by the CRA. The project had been upgraded significantly. Typically, affordable units would be about 1,000 to 1,200 square feet and these units are much larger. The units have garages. The construction is CBS and the buildings have a metal roof that will stand the test of time and hurricanes, an important consideration for working families who cannot always afford to replace their roof if it blows away. She felt the applicant had presented a project that met what the CRA envisioned for the area and the CRA recommended approval. Chair Heavilin noted, for the record, this was not an affordable project. Only ten units would be affordable. Ms. Brooks stated that at the current time, according to the applicant, the prices would be $280K. Ten units would not be subject to market changes and would remain affordable - the rest would be subject to market fluctuations, and Ms. Brooks thought this was appropriate in light of the CRA's desire to create economic diversity in the area. She stated working people with expendable income were needed in the area to add to the City's downtown business base. Chair Heavilin agreed, but wanted to clarify that the project was not coming in as an affordable project, per se. Bradley Miller, Miller Land Planning Consultant, Inc., appeared to represent the applicant for Ocean Breeze West. The project would be located on the site of the former Boynton Terrace Apartments, and span both sides of Seacrest Boulevard. Under consideration at this meeting was the area on the west side of Seacrest Boulevard. The applicant proposed replacing the 37 units that were there with a 37 single-family attached home project, commonly known as town homes. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 The site plan was displayed. The divided entranceway has paver blocks and a landscaped median in the middle. There is a tot-lot and a mailbox kiosk as well. The parking provided in front of the recreation area was a requirement; however the CRA wanted to eliminate this as mentioned in conditions #3 and #29. The applicant had requested a waiver from the Engineering Department on condition #3 and he had a letter from them approving the waiver regarding the back out parking, so #3 was already satisfied. In condition #29, the CRA was concerned about the visibility of the parking area on entering the project from Seacrest Boulevard. The curvature of the drive at the entrance and the curvature of the landscaped median were going to block the view to those parking spaces. The applicant feit this was a critical component to the project with the mailbox kiosk being well protected from visibility from Seacrest Boulevard. Mr. Miller discussed the design aspects of the proposed project as he displayed drawings of it. Mr. Miller believed condition #3 had already been met and that condition #29 should be stricken since it was addressed with the landscaped entrance. Condition #30 spoke of a typographical error in the plans where the metal roof was shown but the reference to Fiberglas shingle was not stricken. They made this change on all their plans during the review meeting at the City and this was part of the record in the files of City staff. Condition #31 related to the light fixtures. These had been provided as details. He offered to show samples to the Board members, in case they had not been included in the agenda packages. Condition #4 asks the applicant to provide a driveway cut to Lot 140. The slide showed the lots that are adjacent to the proposed project. Next to it is Lot 139. Both lots are owned by the same entity. Staff requested the applicant to provide a driveway cut across that. The applicant's attorney, Jeff Renbaum of Ruden McClosky, investigated this and Mr. Miller distributed copies of his opinion on the matter. Mr. Renbaum opined it was improper for the City to request this when there were other means of providing access to 1st Street. Access can be acquired through the same owner, which is on Lot 139. Based on this opinion, the applicant requested that conditions #4 and #8 be stricken. Mr. Miller thought it was a very exciting project for the City of Boynton Beach and the Heart of Boynton area. His client was a pioneer in going out to try to make this happen. The approval of the incentive package would help them deliver a project of which everyone could be proud. Vice Chair Tillman asked City staff's opinion on condition #4 and the letter from the applicant's attorney regarding the landlocked parcel adjacent to the project. Eric Johnson, Planner, said condition #4 stated: Provide a driveway cut across the street from Unit 26 to allow access to Lot 140, Block C, Boynton Hiils. As proposed, there is no point of ingress or egress to this lot. The City asked the applicant to provide access to that lot through their development. Chair Heaviiin asked if there had been access prior to ownership of the property. Mr. Johnson said the survey showed the right-of-way was abandoned and was a part of the proposed project. This lot did not have access prior to this project. To rectify a wrong, the City proposed 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 this means of providing access to that property. The property is zoned R-3, multiple family, but has large setback requirements and it seemed unlikely multi-family homes could be developed on the property due to its size. If it were developed as R-3, the properties would probably have to be drawn together through Unity of Title and then developed. Mr. Myott suggested amending the condition to require the developer to provide the driveway cut if it became necessary, since it did not affect the site plan. Mr. Johnson responded the site plan would be changed slightly by this since the drive aisle proposed around the development would link up nicely to this lot. Jeff Renbaum, attorney with Ruden McClosky, said a scheme was already in place for the owner of parcel 140, the landlocked parcel, to resolve his situation. The courts like landlocked parcel owners to resolve the problem on their own and if this is not possible, the Legislature and the Judiciary have both created schemes to help landlocked parcel owners. One is a statutory way of necessity, another is a common law way of necessity. Both parcels were purchased by the same entity in the same month per the records of the Palm Beach County Property Appraiser's records. In a Third District Court of Appeals case, it was held that a landowner who had adequate access to his oceanfront property by way of a narrow strip of his own land was not entitled to an easement by necessity through adjacent property, even though the access to the oceanfront property by way of his own land was less convenient. Another case held that a landowner was not entitled to choose between adequate means of access, even though one means may be more convenient than another. Attorney Renbaum agreed with that case and took it a step further to say that government could not make that choice either, since the scheme was already in place. The property owner of Lots 139 and 140 knowingly purchased the properties on the same date, knowing they did not have access. The owner had received notice of this meeting. It boiled down to a fairness issue. If the owner needed access, he already had it through Lot 139. It was not fair to force the developer to add this road, at substantial cost, because the project is already on the lower dollar side to make it as affordable as it is for the would-be buyers. The developer would have to put sewer lines and road structure down, and it was not fair when they had not even been approached by the owner of Lots 139 and 140. In response to a question from Mr. Fenton, Attorney Renbaum stated the owner would have to make an access through Lot 139 to get to Lot 140; however, the driveway in Lot 139 is on the north side of Lot 139, so a slight cut through 140 would allow the two lots to share driveways. Attorney Renbaum stated if the Board decided to require the access cuts that the cost is borne solely by the owner of Lot 139. Chair Heavilin opened the floor for the public to speak on this item. Harish Madhav, M.D.P.A., 2226 S.E. 2nd Street, Boynton Beach, appeared to speak. Dr. Madhav is the owner of Lots 139 and 140. Both lots were deeded separately. The previous owners were Mr. and Mrs. Reed. Lot 140 has a house and was previously owned by Mrs. Reed. Lot 139 was owned by both of the Reeds jointly. Originally there was a Stanford Drive East, which was abandoned in favor of the project that existed at that time. There were two streets, a large portion of land, that were abandoned at that time. It was a good thing because it was for low-income housing. Now, that project is gone and it is a private development. Dr. Madhav 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 asked to have access to Lot 140 as it used to be when there was a Stanford Drive East. He showed a survey that depicted access from the south side at the location of the proposed circular drive. Chair Heavilin asked if this had been abandoned after he had purchased the property, and Dr. Madhav replied no. It had been abandoned before he purchased it. There were two streets there previously. In 1920, the two streets previously mentioned were abandoned. While Boynton Terrace Apartments was there, there was no pavement. Vice Chair Tillman said Dr. Madhav had purchased the lots knowing that the land was previously abandoned. Dr. Madhav said no, because the survey showed access. Vice Chair Tillman said when he purchased Lot 139 and Lot 140 after the abandonment, the survey should have shown that. Mr. Barretta asked Dr. Madhav if he had discussed this survey oversight with his surveyor. Dr. Madhav was not aware that it was landlocked. His survey showed access on the south side from Stanford Drive East. Mr. Barretta asked Dr. Madhav if he had considered taking action against the surveyor who failed to show the previous abandonment. Mr. Barretta felt that action would be more appropriate than penalizing the current developer. Mr. Barretta declared to Dr. Madhav that it was inappropriate of him to gain access through a private drive in a community the CRA was creating. Chair Heavilin agreed, saying the developer did not create the lack of access. Dr. Madhav said as the building stands on Lot 139, there is not enough space for proper access to Lot 139. The properties are separate and the owner should have a right to sell one or the other or develop one or the other. Mr. DeMarco asked Dr. Madhav his intention when he purchased the properties. Dr. Madhav responded he wanted to build a family home on the lot. Mr. Myott wondered if the abandonment record existed somewhere. Dr. Madhav said even if it had been abandoned, a portion of it shouid have gone to the owner of Lot 140 and Lot 139, unless there was a record showing some kind of quitclaim by the previous owners. Dr. Madhav had to look into the records and asked the Board for time to do so. Dr. Madhav said he needed access. Mr. Myott believed Dr. Madhav would find the unimproved "roadway" was no ionger a road. He also did not think Dr. Madhav would want access through Ocean Breeze, although Dr. Madhav declared he would not mind that if it were the only way to gain access. If access were provided, Dr. Madhav would be able to build on the lot. He began investing in the area to improve it, just like the CRA. Contrary to Dr. Madhav's contention, Mr. Barretta felt there was more than enough room for access between Lots 139 and 140. It seemed to Mr. Barretta Dr. Madhav would rather impose on his neighbor than give up his property on one lot to gain access to the other. Mr. Fenton asked Eric Johnson what the City's legal rationale had been for condition #4. Mr. Johnson responded the ultimate goal was to have access to Lot 140 through the project. As far as a court case or legal precedent, he would have to defer to Legal as far as requiring access through the subject property. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dr. Madhav said he was not aware he would be losing access, since his survey showed Stanford Drive East with access. He asked the Board to delay this item to give him time to get to the bottom of this. Gertrude Sullivan, 201 Northeast 6th Avenue, Boynton Beach, preSident of Boynton Terrace Association, advised Mr. Miller that the area of the proposed project was not a slum area. They did not live in a slum. They liked their area. They did not mind the townhouses, but she asked who would be able to buy the houses in the proposed project. She did not believe anyone in the Heart of Boynton area made that kind of money. It seemed the City wanted to help the developers, but not the people who lived there. The price of the houses was not affordable. When the Board made its decision, she asked it to consider the less fortunate citizens of the City, not the ones who already had everything. Some people were never going to own a house. She asked the City not to forget that they exist. Chair Heavilin expressed understanding for Ms. Sullivan's sentiments, and explained the CRA was giving the affordable issue a great deal of thought and consideration at present. She also said this developer did not have to do any affordable housing and the CRA was glad to be getting even this amount of affordable housing, realizing that much more was needed. Brian Edwards, 629 N.E. 9th Avenue, Boynton Beach, liked the project and thought it would enhance the neighborhood, enhance property values, and be a good thing for the area. He agreed with Ms. Sullivan, though, that the proposed housing units were not really affordable for most of the citizens in the Heart of Boynton area. This property was vacant. When people started to move out of the Heart of Boynton and development began in areas where there were homes, $280K was not really affordable and was way too high for the people that had to move out and move back in. He asked the CRA and City Commission to keep this in mind in future planning. Richard Ames, Minister of Hopewell Baptist Missionary Church, Boynton Beach, came with the Hollis family who reside on the northwest side of Seacrest Boulevard right behind the former Boynton Terrace Apartments. Specifically, he stated on N.W. 6th Avenue, the back of the homes are actually facing the proposed project. He asked how those houses on N.W. 6th Avenue would be affected by the proposed project. Mr. Miller responded they were providing landscape buffering between the project and the homes on N.W. 6th Avenue. Reverend Ames clarified his question, saying that if a person were driving north on Seacrest Boulevard and turned left on N.W, 6th Avenue, would those homes be "phased out" due to this project? Mr. Miller said the proposed project did not affect those homes at all. Reverend Ames said that might be true today, but what about tomorrow or next week? Mr. Miller said the proposal before the Board tonight was the only property they had control over. Reverend Ames commented about the people who were being relocated. He asked where they went when they were on fixed incomes. These people had been part of Boynton Beach for many years, but if they were offered $200K for a home and affordable homes were starting at $400K, and they were on a fixed income, how could they obtain a mortgage? Chair Heavilin closed the public hearing. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Vice Chair Tillman said this development was a "tough sell." The project called for changing the status quo and making it better. A lot of people disagreed with the former but would agree with the latter. The bottom line was that there was a continuum. The old becomes the new. That which is blighted is replaced with something that is better. There were some gray areas that had to be worked out. Still, some of the questions from the Heart of Boynton community about access and affordability required the citizens to look inward also. A lot of it had to do with how people gain access to income, educate their children, and provide for the future. Development would continue. Ocean Breeze was a step up to the plate. Ocean Breeze was providing a viable, worthwhile project that would invigorate the area. Also, as communities develop, they do change. Where they were once segregated, they become integrated, and this has to be considered also. What was before is not necessarily always going to be. Sometimes things have to be accepted that will make the area better. Change is often feared, but change is a part of living. Mr. Barretta said the Heart of Boynton had been a problematic area because the people there had told the City and CRA over and over again that they wanted change and at the same time, they have said over and over again they do not want things to change. If things are going to change, they have to change. This was a good project and something positive in the area. Mr. Barretta stated that density was required to create affordability, but the residents in the Heart of Boynton wanted affordability without density. The CRA was struggling with this problem, trying to solve it. He felt this project was a step in the right direction. He wanted the people in the Heart of Boynton to realize that if they wanted change, they had to accept change. Or, things would stay the same indefinitely. Chair Heavilin said she knew affordable housing was an issue and the CRA had set aside over $3M to help subsidize the affordable units. Affordable housing was an issue throughout the entire City, County, and the country. She was aware of the issue, but supported this project. She did not feel this developer should have to pay for access to a property that did not have access now. This developer did not create the lack of access and she did not think he should be responsible for it. At this point, a member of the audience came to the podium to speak. Chair Heavilin informed her that the public audience had been closed. Mr. DeMarco asked about conditions #16 and #19 and he hoped the developer and Planning & Zoning would resolve all the conditions so the Board could feel comfortable the conditions would be met. He felt the project was a step in the right direction and should get started. It was a stepping-stone to doing the right thing. It was a shot in the arm for the area. When he attended the community meetings during the formulation of the Heart of Boynton Plan, the two issues he heard from the community the most were about crime and drugs. This project and others like it combined with affordable homes, was the right way to go. Motion Mr. Barretta moved to approve the site plan for Ocean Breeze West with the 31 conditions from staff less condition #4 and condition #8. Vice Chair Tillman seconded the motion. Chair Heavilin reminded the individual at the podium that public audience was closed and there was a motion on the floor. By consensus of the Board, the individual was allowed to speak. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach, lives in the area where the project will be built. She wondered if consideration had been given to people who were trying to live on what their forefathers had worked hard to provide - a place where their families could live. This was not the kind of thing that mattered to people who had money. There was nothing wrong with building, but she hoped the CRA and the City would think of someone beside themselves. Ms. Jenkins felt that drugs were a problem throughout the City, not just in the Heart of Boynton area. Ms. Jenkins called the CRA to ask about tonight's meeting because she wanted to come. She did not know who answered the phone. When she told her why she wanted to be at the meeting, the person answering the telephone said, "Yes, we are having a meeting. You can come if you want to." That insulted Ms. Jenkins, who felt she did not have a right to be at the meeting. Lisa Bright, Interim CRA Director, said she had gotten a call from the City Manager, who asked her to speak to staff. She spoke to all the female staff and there was no one on the staff who had spoken to Ms. Jenkins. She had left a message at Ms. Jenkins' house on the afternoon of the meeting to say she would be pleased to talk with her, She left her name and number, three times, to say this was a public hearing and it was about Ocean Breeze coming on board. She. asked if Ms. Jenkins knew the person's name and the date she called, but Ms. Jenkins did not know the answers to those questions. She believed the CRA already knew who the buyers of the houses in the proposed project were going to be. Mr. Myott felt this project would benefit property vaiues for all in the community. That was what the CRA was all about - making it better for everybody. The motion passed 6-0. F. Intracoastal Park THIS ITEM WAS POSTPONED UNTIL THE MEETING ON DECEMBER 15. 2005. Maior Site Plan Modification 1. Project: Agent: Intracoastal Pavilion (MSPM 05-013) David Stump, Project Manager, City of Boynton Beach City of Boynton Beach 2240 North Federal Highway Request for major site plan modification to construct a 12,800 square foot two-story community center on the 8.88-acre Intracoastal Park zoned REC Owner: Location: Description: IV. OLD BUSINESS A. Ocean Breeze Direct Incentive Application and Agreement 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Heard previously out of order by request. v; NEW BUSINESS A. Consideration of the CRA Bond Issuance #2 and Approval of Resolution 05-13 Heard previously out of order by request. VI. COMMENTS BY BOARD MEMBERS Mr. Barretta urged the Board members to attend the workshop on December 21 st on the Retail Demand Analysis. There was a deadline for submittal to the State in April of 2006 and in order to meet that deadline, the CRA has to have as many meetings as possible between now and then. The meeting was being held at 8:00 a.m. in the Chamber of Commerce Conference Room. Mr. Fenton commented the bond passed at this meeting would be considered a "junk" bond, without the backing of the City. He felt the bond was passed for cash flow purposes, since it was apparent the CRA did not have sufficient cash flow. He wanted everyone to be aware the CRA was paying insurance for the rating. They were rated on the first bond as A and they bought insurance for the reduced rate. Items were brought in that did not qualify for municipal bonds and he called the bond issue a "Swiss cheese bond issue." Mr. Fenton believed the necessity of having the City's backing on the bond showed the CRA's finances were in a precarious state. VII. COMMENTS BY BOARD ATTORNEY None VIII. COMMENTS BY STAFF Lisa Bright, CRA Director, apologized to the Board about the agenda packets being different from what they were used to. The all-new CRA staff was in a state of flux and they would revert to the numbering system previously employed when they got a new copier. A City staff meeting was held today and a strategic plan was in process to meet the April 2006 deadlines. She asked the Board to think of their schedules in the first quarter and give her some dates for a joint City/CRA Workshop on Affordable Housing, hopefully in January, since it was such an urgent issue. Another workshop she had been asked to have was a Board Policy and Governance workshop, a one-day workshop. The next meeting is on Thursday, December 15, 2005, in City Hall Chambers. IX. FUTURE PROJECT REVIEW A. Ocean One - December 15, 2005 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 X. ADJOURNMENT Since there was no further business before the Board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (121405) 24 B. Approval of the Minutes-eRA Board Meeting December 15, 2005 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY CONTINUATION MEETING HELD IN CITY COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON DECEMBER 15, 2005, AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair Marie Horenburger James Barretta Alexander DeMarco Don Fenton Ken Spillias, Board Attorney Ms. Bright, Interim CRA Director Absent: Steve Myott I. Call to Order Meeting called to order at 6:32 P.M. II. Roll Call The Recording Secretary called the roll. A quorum was present. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chairman Heavilin requested under unfinished business, status updates from the last meeting. Ms. Bright had a request from Project Preview for Ocean One to be moved up in the agenda. There were no objections to the changes. Chair Heavilin suggested Ocean One be taken up after the Consent Agenda and before Old Business. There were no other changes or corrections to the agenda. B. Adoption of Agenda Motion A motion was made by Mr. DeMarco, seconded by Mr. Tillman to approve the agenda with the changes as discussed. A vote was taken and the motion carried 5-0. IV. Public Comments: (Note: comments are limited to 3 minutes in duration, and will be responded to at the next board meeting): Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Chair Heavilin opened and closed the floor for public comments since there were no comments received. V. Consent Agenda: Chair Heavilin asked if there were any items to be pulled. Chair Heavilin requested Item D be pulled. Motion A motion was made by Mr. Tillman to approve the Consent Agenda except Item D. Board Attorney Spillias had a question on Item F which was also pulled. Mr. Tillman amended his motion to approve the Consent Agenda, less Items D and F. Seconded by Mr. DeMarco. A vote was taken and the motion unanimously carried. Item D. Consideration of the Extension of the Web Site Management Contract with Jack of Arts through February 28, 2006 (taken out of order). Chair Heavilin explained she wasn't opposed to extending the contract, but was not clear who is responsible for keeping the website current with new projects. Ms. Bright, CRA Interim Director was present and explained the contract needed to be extended a long time ago, and is presently looking for a short term extension. The project is going out to Request for Qualifications (RFQ) in the near future and the current vendor has been notified. Ms Bright explained they have several different vendors for various marketing projects. Due to the small staff, they would like a whole RFQ that would include this project. Additionally, when an agenda is compiled, staff would like it posted within a few hours, or have CRA Staff, in-house, utilize the mechanism for them to upload the agenda immediately. Ms. Bright clarified they are looking for a temporary stop gap. The RFQ document will be ready to go out next week. Board Attorney Spillas stated if the contract is going to be extended for two months, there are provisions for termination in the present contract. Whatever notice or amendment is chosen to terminate the contract, it should be made clear that as of February 15th, without further notice, the contract is terminated unless it is further extended in writing by the parties. Attorney Spillias will assist with the language for the letter. Motion A motion was made by Ms. Horenburger, seconded by Mr. Tillman to extend the Jack of Arts website contract with an amendment making it clear that it terminates February 15th, canceling the language in the existing contract regarding termination. A vote was taken. No nay votes. Motion carried. F. Approval for Payment of the Old High School RFP Issuance 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December IS, 2005 Board Attorney Spillias advised there were a few provisions that should be included in the RFP if they are not already included in the document or any addendum to the document. The CRA will have a Board member on the committee and given that, it is important a non-discrimination clause and public entity crimes provision or affidavit be included. Attorney Spillias added there is a clause to the document pertaining to minority owned business. Ms. Bright stated the document is being used as a model and would look for a document from the Board Attorney as well. It was noted Arleen Dennison will be staffing the committee. Ms. Bright was looking for volunteers from the Board to serve on the committee. Mr. Tillman agreed to serve on the committee. Motion A motion was made by Ms. Horenburger to nominate Mr. Tillman to serve on the committee. Seconded by Mr. Barretta. A vote was taken and the motion unanimously carried. Motion Mr. Tillman made a motion for approval of payment of the Old High School RFP issuance with additional language under review by legal staff. Ms. Horenburger seconded the motion. A vote was taken and unanimously carried. Motion A motion was made by Mr. Tillman to name Ms. Horenburger to serve as alternate. Motion seconded by Mr. DeMarco. A vote was taken and unanimously passed. A. Approval of the Minutes for the CRA Board Meeting, November 8, 2005 B. Approval of the Minutes for the Continuation of the CRA Board Meeting of November 8, 2005 and the CRA Workshop of November 17, 2005 C. Consideration of Purchasing a CRA Table for the Rescheduled Chamber Dinner Dance for January 20, 2006 E. Monthly Report to the Board VI: Old Business Chair Heavilin noted the preview of Ocean One was to begin, but the individual was not yet present. There was consensus for Ms. Bright to address item A of the Old Business agenda. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 A. Review and direct the 4th Street Upgrades to Implement Construction Design Ms. Bright summarized this item is being brought back to the Board at the request of the City Manager. The item was originally brought to the CRA at a workshop on August 9, and the Board reviewed the initial design concept for the 4th Street upgrades. Originally, the CRA supported funding to redesign the concept so that the redesign would create a "backside" of what was formerly known as the Arches Project on 4th Street. The design created a pedestrian friendly environment with a median and appropriate landscaping and drainage design, etc. It was agreed the CRA would appropriate $225K for the design concept. Mr. Paul Fleming, Sr. Project Manger for the City of Boynton Beach, was present and highlighted the improvements. The project was originally strictly utilitarian. There have been many years of chronic flooding in this area so, using the City's Master Plan and after holding meetings with business and homeowners, they came up with an inverted swale design. They are also looking for a traffic calming method without having a meandering roadway and sidewalk and worked with Philip Dover of PBS&J, a design professional. Several meetings with Doug Hutchinson, former CRA Director, Planning and Zoning, Public Works and the Utilities departments were held to take the project from a utilitarian project into more of a surface enhancement. The approach for this project is similar to the one on E. Ocean Avenue. They will have eight feet wide sidewalks on both the east and west side of 4th Street, and the travel lanes will be 11' - 12' wide with on street parking on both sides of the roadway. The center median and road lanes have been narrowed as allowed per ordinance. The drainage swale has been converted to a raised median, similar to the one on US 1 and will have intermittent landscaping with the target balance being between a zeroscaped and a landscaped approach. There will be a reclaimed water main for future use of the reclaimed water. FPL will replace all the wooden power poles with pre-stressed concrete, and the light fixtures going over the bridge to Ocean Ridge will be similar in nature to the ones on 4th Street. The project encompasses 4th Street from SE 2nd Avenue down to SE 1ih Avenue. The project is under a cost sharing program and an interlocal agreement has already been signed. Chair Heavilin asked about 4th Street between SE 2nd and Boynton Beach Boulevard. Mr. Fleming explained the area by the Arches would be maintained with the City of Boynton Beach's design from 2nd Street to E. Ocean. The enhancement will go from E. Ocean to SE 12 Street, but the Arches will take care of 2 Street to E. Ocean. Contingent on what interests are shown with the Central Business District and the CRA, subsequent segments to the project may have some cost sharing. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Mr. Fleming explained they are awaiting confirmation for the redesign. They started out from 6th Avenue north to 2nd Avenue. The segment is completely designed and permitted, and much of the surface features are being replaced with the realignment. The project is waiting for the City Commission to approve the interlocal agreement and the PBS&J agreement. Mr. Fleming clarified ready to go means ready to recommence the redesign and move forward with the permitting. Mr. Fleming further reported it would take four to five months from the time the City Commission signs the task order memo from PBS&J, for the redesign to be completed and permitted. Permitting will be about two to three months, the bidding process will be another two to three months and the project would be about nine months away from ground breaking. There have been two community involvement meetings with this project and three on the previous project. At the last community involvement meeting, there was 100% support. Motion A motion was made by Mr. Tillman to continue the review and direct the 4th Street upgrades and implement construction design. Motion seconded by Ms. Horenburger. A vote was taken and passed 6-0. VIII. Other (Taken out of Order) B. Project Preview - Ocean One (taken out of Order) Mr. Price Elam spoke on behalf of Ocean One. This is the first public viewing of the plan. Mr. Elam wanted to introduce the team working on the project and stated the developer is Marinas Real Estate Company which he formed with Davy Cavalier, the owner of the property. He added they have an office on the 4th floor of the Chamber of Commerce. The architects are, Quincy, Johnson, Jones, Myott and Williams who have teamed up with Schwab, Witty and Hanser of West Palm Beach. The contractor is Centex Construction. Legal counsel for the project is Bert Oliver, PA and Charlie Siemen. Cevera Realty Services will provide the realty service for the project. Jim Williams of Quincy, Johnson, Jones, Myott, Williams Architects gave the project overview as follows: . 530 residential units ranging from 1 to 3 bedrooms with sizes being in the 800 sf. range for a 1 bedroom, 1100 sf. range for 2 bedroom, and 1300 sf. for three bedrooms and over. . 125,000 sf. of office space in two mini towers . 30,000 sf. retail space with most of it on the base of the building 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 · 120 room hotel on the corner of the Promenade Boynton Beach and Federal Highway · 1,715 car, 6 level parking deck with 14 cars on street for convenience parking. The deck accommodates the entire project and leaves 400 additional spaces during evenings and weekend hours for special and downtown events Mr. Williams reviewed the project elevation and gave a description by level. Other highlights were: · There are designated areas for art, two covered arcades 10 or 12 feet wide. There will be a large area beyond the arcade of about 15 feet before reaching the property line, and about 24 feet from the property line on Ocean Avenue to avoid crowding. · There is a sky lobby, a fitness center and club, valet drop off area, a pool and roof deck. · The project is near Mangrove Park which has a proposed band shell for other activities. · The intracoastal can be seen from any level of the project. Mr. Elam stated over the last several months, they have been working to get the First Financial Building under contract and as of today they have 32 of the 35 units under hard contract and are gaining control of that site. The project schedule is: . January 11, 2006 for site plan submission · May 2006 site plan approval · June 2006 commence marketing efforts · October building permit submission · Commence construction one year from then. Mr. Elam indicated they will need to work with the CRA on the Direct Incentive Program, for assistance on the public parking spaces and for a contribution for the Relax Inn site. Mr. Elam agreed to provide written details of the project to the Board. Mr. Fenton inquired about a suit pending with one of the partners and the status of the litigation. Bert Oliver, counsel for the project spoke with Brian McCarthy who represents Mr. Cavalier and explained the suit is for money damages. The pleading stage of the litigation is over. There is no lien or prayer for injunctive relief on the project and there is nothing to stop the project from going forward. The discovery stage is beginning and the matter 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 has been set for trial in the 4th quarter of 2006. The suit should be settled and there is no reason to believe it will impede the project. Board Attorney Spillias announced he was aware the suit is for monetary relief but it doesn't mean that between now and the time of trial, an amendment to the pleading that would bring other causes of action in wouldn't occur. He explained, however, if there were anything that affected the ability to develop or utilize the property, they would know about it. Attorney Spillias further added they produced documentation in response to a subpoena having to do with the Ocean One project and the CRA provided their documentation. The discovery is ongoing. Mr. Elam indicated they are unable to gift the 400 public parking spaces to the City, so they need to work within the Direct Incentive Program. They will work with staff to develop a proposal to help this come about. This could be the only opportunity to address parking issues. Mr. Elam clarified staff asked the 400 parking spaces be included. The estimated value of the 400 parking spaces would be in the $8M to $12M. Mr. Barretta noted the Board will commence visioning and commissioning some consultants for retail along Ocean Avenue on December 21st. He suggested Mr. Elam be a part of those discussions so everyone will be on the same page going forward. It was discussed a study is only as good as the questions asked and the results are not etched in stone. There were no other questions or comments on this issue. C. Recommendations for Implementation of the HR Study as a result of the November 17, 2005 Workshop Ms. Bright stated there was a workshop on November 1 yth, 2006 with Florida Employer Solutions to conduct a written revision of CRA job descriptions, an organizational chart, and a pay and classification study. The recommendation of the contractor was to break the organization down into departments. Based on the organizational chart they follow it was noted that several departments lagged the market in pay. Ms. Bright advised the Board in the 2005-2006 budget, $72K was budgeted as a line item to rectify the pay disparities under the former Director. The spreadsheet developed indicates what was existing on the books as it went into the budget approved in September and made recommended increases based on position, not incumbent. The actual net change is $92,506 dependent upon the date the Board selects and whether they go retroactively. Ms. Bright stated the only change that has been made is the administrative position is now part time and not paying benefits. They would like to upgrade the receptionist position to take on more of the administrative office duties and responsibilities. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 There was some discussion that the proposed increases had a range of salaries. The two positions that were fairly behind were the finance director and planning director. With those two positions upgraded, everything else was structured to reflect the rankings and was at mid-point range. Ms. Bright requested clarification on what end of the range should be used and explained she based her ranges on the 50% mark. There was also discussion on the option whether increases could be in increments which was also an option. Ms. Bright was looking for a range of salaries for anyone on the books and their administrative policy requires this be addressed. Ms. Bright clarified the marketing and events position, and marketing and communications are two separate positions. The CRA is looking to create a joint partnership with the City of Delray Beach, the CRA, and the Chamber of Commerce and is looking to hire one events person that would be shared. Then if each individual organization wants their own event, the marketing and communications person would handle that event. The Finance Director was previously called Comptroller. Ms. Bright noted Mr. Reardon handles a lot of operations issues. The Bookkeeper is now called Finance Assistant. Three positions have been approved, one is the Planner, the Economic Development Director position is the same as the Small Business Development Director and an Assistant Director. There was consensus to put the Assistant Director position on the January agenda. Motion A motion was made by Ms. Horenburger, seconded by Mr. Tillman to approve the proposed salary and title changes. There was discussion on what effective date to use and whether or not to make the salary and title changes effective January 1st. Ms. Horenburger amended her motion to included the effective date of January 1, 2006, Mr. Tillman amended his second. A vote was taken and the motion unanimously carried. Ms. Bright explained there is $72K set aside by the former Director for the payments to be retroactive. Mr. Reardon, Finance Director addressed the Board and verified there are funds to cover this. Chairman Heavilin requested confirmation that the intent of the previous Director was to upgrade the positions effective September 15. Mr. Reardon confirmed that it was the intent. There was discussion on the expectation that was given to Ms. Bright, Mr. Reardon and Ms. Margie Adelsperger by the former CRA Director that the salary issue would be rectified. Motion A motion was made by Mr. Fenton to make the salary increases effective to October 1. Motion seconded by Mr. Barretta. There was discussion and consensus that the motion includes salary and title changes retroactive to October 1. A vote was taken. No nay votes. Motion carried. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Ms. Bright reviewed they are creating a position of Economic Development Director and this is the position most needed at this time. Motion A motion was made by Mr. Fenton, seconded by Mr. Barretta to create a position of Economic Development Director at the salary proposed. A vote was taken. No nay votes. Motion carried. C. Consideration of Purchase Agreement between CRA and Victor Scarpulla for property located in HOB Phase I Ms. Brooks introduced the item and stated the owners of this property came forward two months ago indicating a desire to sell. She explained the owners were shopping offers from other developers, but they did approach the CRA again recently confirming they wanted to sell. The unit is a duplex unit and the price is $330,000. The CRA will pay the closing costs and attorneys fees which is customary for the Agency to do in these types of proceedings. Ms. Brooks recommended approval of this item and clarified this action will pull the property out of the eminent domain proceedings, and move the Heart of Boynton project along faster. Ms. Brooks explained she had received data on this issue and appraisals made about a year and a half ago. It was noted that based on the Bob Katz house, they paid $250,000. The Katz home needed significant repairs. This home is in better condition. Mr. Fenton stated however, this is a catch 22 and we are driving the prices up. Board Attorney Spillias indicated they prepared the document . The agreements are reviewed by legal counsel and signed off on Ms Horenburger would like to see all sign offs on one page. Motion A motion was made by Mr. Barretta, seconded by Mr. Fenton to approve the request. A vote was taken and the motion unanimously carried. D. Consideration of Purchase Agreement between CRA and Cedrick Edwards for property located in HOB Phase I Ms. Brooks reviewed the request and added this item is similar to the previous item. Motion A motion was made by Mr. Barretta, seconded by Mr. Tillman to approve the request as presented. A vote was taken. No nay votes. Motion carried 6-0. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 E. Consideration of Purchase Agreement between CRA and Lythia Thomas for property located in HOB Phase 1 (Taken out of Order) Ms. Brooks reviewed the request and noted the NE 2nd Extension through MLK and the public works site at 8th Avenue is a recognized redevelopment site within the HOB plan. Some of the property owners had not been contacted and three of the properties were homesteaded. One of the homestead properties was owned by Ms. Thomas who approached the CRA to sell, but indicated she wanted to stay in the area. The CRA found her a home on 11th Street and Ms. Thomas will be going to closing which will be a simultaneous closing. Both contracts were reviewed by Lewis Longman Walker. Ms. Brooks suggested this might be a better way to proceed if prices are in range and the property owners come forward voluntarily. Motion A motion was made by Mr. Tillman, seconded by Ms. Horenburger to approve the request. There were no comments on this item. A vote was taken and the motion unanimously carried. E. Consideration of Additional Scope of Services to be provided by the Chesapeake Group, Inc. Ms. Brooks introduced this item and recounted after the last workshop, several Board members had questions outstanding and were requesting additional information about this issue. Those questions were how do we develop a vital downtown, how many housing units do we need, what is the optimal scenario needed to create a downtown and where would it be. Mr. Cohen of the Chesapeake Group was asked to prepare an additional scope of services which he did free of charge. An addendum was received but was not available for distribution having been received just prior to the meeting. Mr. Cohen will attend the Visioning Workshop on December 21, 2005 and will report back within 30 days to the CRA so they can begin crafting policy that will then go to Land Use and Zoning Regulations. The additions to the scope are · Residential Units and Density. Ms. Brooks elaborated currently there are mixed uses in the districts and a lot of commercial space is being created, · They will also receive analysis of preferred locations, · Where the real pedestrian downtown area is, · What kind of density is needed to support it, · How much square footage can we support in these areas and what is reasonable, · Then looking at some of the nodes, Boynton Beach Blvd., MLK and Seacrest, Woolbright, how they will impact the creation of a traditional downtown area. . 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Those are the issues Mr. Cohen will address and he will prepare a written report for a fee of $12,000. This information is critical in order to give proper recommendations to the City Commission and the City's planning staff in order to make their filings in April. Ms. Horenburger expressed concern that the CRA went outside the South Florida area for every consultant they've had. The FAU Joint Center, the Treasure Coast Planning Council is available and has all kinds of resources to help with these kinds of issues. She suggested we should grow our own people. She asked that the Board consider by consensus that some type of priority or weight be given to agencies in the region. Motion Mr. Tillman moved for approval of Item E, seconded by Ms. Horenburger. There was discussion on the motion and it was suggested the Mr. Tillman perhaps amend his motion because the scope of services could be amended and possibly the fee. It was suggested amending the motion to a range of $12K and not to exceed $20K in case the scope changes and it would give discretion to the acting director to negotiate the fee. The meeting on the 21st is a workshop and there would be strong consensus on the direction the CRA would go with. It was noted expediency was an issue. Motion Mr. Tillman amended his motion to approve the item with an amount not to exceed $20K at the discretion of the Director. Ms. Horenburger did not second the amendment. Motion seconded by Mr. DeMarco. A vote was taken and the motion passed 5-1 (Ms. Horenburger dissenting.) VII. New Business: A. Consideration of Housing Needs Assessment Regarding Affordable Housing and a Feasibility Analysis Ms. Brooks introduced this item and pointed out the city does not have any hard data on Affordable Housing. They are looking to do a needs assessment to determine how much of a percentage is needed to set aside as affordable, what income levels should be targeted financially, based on current population, in- migration and in-migration growth. They are looking to piggyback a contract the City has regarding a redistricting with the Metropolitan Center out of Florida Atlantic University. The report results will be back in February. Ms. Brooks will ask the consultant to tag on a development feasibility analysis based on Ms. Horenburger's request for the CRA to present an accurate picture to develop the Heart of Boynton Project, based on zoning and land use recommendations. If II Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 there is a gap, they will need to know. The additional analysis fee is $10K. The Housing Needs Assessment is $20k and the report will be priority status and fast tracked. Ms. Brooks explained the City Commission has expressed interest through the City Manager, that a policy be enacted city wide. Ms. Horenburger maintained The Board should be able to define how much is considered affordable for the working population and clarified she would like to see age included in the study which includes age restricted communities. There was discussion on having an analysis on the entire city and breaking out the CRA area. There was consensus that the information would be very helpful. There were questions on whether or not funds could be spent outside the CRA area. It was suggested the study be a piggyback contract. Board Attorney Spillias recommended finding out, from a financial standpoint, how much of the cost would be allocated to the area outside the CRA area and then prorating it. Ms. Brooks pointed out, the information will help provide recommendations to address in-migration and to keep pace with it. She did not recommend creating policy without data; from a legal standpoint, the policy would not be defensible. It was requested that in the motion, language be included that the scope would be limited to the CRA area and that would reduce the amount of the contract. Motion A motion was made by Mr. Fenton that we engage the Metropolitan Center to undertake a housing needs assessment and development feasibility analysis in the CRA area for housing needs assessment up to $30K subject to the discretion given Ms. Brooks as Planning Director to negotiate a lower fee. The motion was seconded by Mr. Tillman. Mr. Reardon stated he will earmark the funds for the study. There were no other comments on the issue. A vote was taken and the motion unanimously passed. Ms. Brooks invited all the Board members to come to an interactive workshop to be held on December 21, 2005 at 8 AM. at the Chamber of Commerce. They will try to keep the workshop to two hours. Ms. Brooks emphasized they would be looking for consensus and direction from the Board If direction is not given timely to staff, deadlines will be missed. B Affordable Housing Workshop Ms. Brooks indicated staff is recommending the affordable housing workshop be held with members of the City Commission to review the findings of the housing needs assessment and then give direction to staff so they can move forward. The findings will be implemented through the land use and zoning changes, which are on a symbiotic timeline. The 4th Thursday in February was suggested. C. Marina Purchase Agreement 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Ms. Bright thanked staff for their time spent on implementing the purchase of the Two Georges Marina which is a project the Board approved in October. Ms. Bright announced all the major details have been worked out regarding the drop off lane, public facility parking and temporary/short term parking for people with the Dive Boats. DSS, the owners of Two Georges Marina indicated they want to finish by the due diligence agreement end date (60 days) but they are in season and have not completed the drop off. The price was a little higher than they thought. The City Commission has appropriated $2M for the project, and Ms. Brooks wanted to iron out any concerns the Board may have. Motion A motion was made by Ms. Horenburger to approve the purchase of what has been known as the Two Georges Marina Purchase Agreement from the DSS family for $4,775,000. Seconded by Mr. Tillman. Board Attorney Spillias announced there are a few minor revisions that should be read into the record. Attorney Amy Dukes with Lewis, Longman and Walker reviewed the changes in the document as follows: the effective date is not defined which they will add and is the date the party signs the agreement on the last page before the signature page, (page 13, section 19.13), a typo on page 4, section 8.3, yth line from the bottom first full sentence which states "if after the date of closing" the word "if' should not be there and will be removed. They will remove the draft watermark as well. Motion Both motion makers, Ms. Horenburger and Mr. Tillman accepted the minor changes. A vote was taken and the motion unanimously passed. IX. Comments by Board Members Chair Heavilin reviewe there were a few items she referred to under Agenda Approval as unfinished business from a prior meeting she was looking for updates on. The gifting of sick and vacation time as discussed on an inter and intra-agency basis. Mr. Reardon stated intra-agency gifting would be difficult since there was no mechanism to transfer the time outside of their organization. Board Attorney Spillias will bring back a proposal or modification to the CRA Personnel Policy which can be changed. It will come back next week but there may be some number as to how much time can be donated and how much needs to be reserved by the employee. Mr. Fenton stated vacations should be used to avoid employee burnout. There was consensus to gift sick time only. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Mr. Reardon reported the City has billed the CRA for the Hall property in the amount of $1 ,475,000 and he will pay the invoice. Ms. Bright indicated she has been approached by a couple of Board members about having a workshop on board governance and policy. Ms. Bright will obtain quotes and will bring the matter back to the Board. She also requested direction on how the Board wants her to approach the evaluation of Savage Creatures Ms. Bright explained this is a line item in their budget and they need to address it. Board Attorney Spillias advised they have conducted an extensive evaluation of the project and it is a complicated issue in light of permitting and surrounding property issues. Decisions need to be made whether the Board wants to go forward with the original design, other modifications to the design, or perhaps make the permitting issue not as difficult. Legal will provide an analysis in written form for the Board or it was mentioned they could workshop the item. Ms. Bright requested confirmation that they will go forward, in order of priority, with, first, the affordability workshop, second the board governance policy and third, the Savage Creatures workshop. There was consensus that was correct. Ms. Bright announced a tour of the Old High School which will be given on Monday at 2pm and invited the board to attend. Ms. Dennison will conduct the tour and if the time is not convenient for the board they will set aside any time to accommodate them. Ms. Brooks reported there was a letter from RMPK, the organization that has been working on the Vision 2030 design guidelines. They began work on the document in 2003, and are looking for final payment. Ms. Brooks explained they feel they do not have consensus yet, from the City Commission or the CRA Board if they are going to change the height restrictions in some areas which directly impacts the urban design guidelines. The CRA has the document in digital text form, less the graphics. Ms. Brooks recommended making an arrangement to obtain the full document with the graphics and they will end their relationship with RMPK and move on from there. Ms. Brooks sought direction from the Board. RMPQ is amenable to doing further work on a fee basis. It was noted the documents are not in final form. There are minor revisions and changes in the graphics based on what they hope is a consensus on density and height. There was some discussion that zoning heights and densities are liable to fluctuate and are included in the code. It was suggested those aspects not be repeated in the design guidelines so when the code changes their guidelines do not have to be changed. There was further discussion to pay RMPK and move on and Ms. Brooks will bring the document forward, stripped down and in a more generic form. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Chair Heavilin inquired about three other HOB properties, Ulasoy, Finkelstein and Mr. Barry. Ms. Brooks gave an update and Mr. Finkelstein recommended an option that the CRA self-develop the site as opposed to going to RFP. Ms. Brooks will bring that option back to the Board in a more detailed manner. There will be a conference call tomorrow with the City Manager. They will proceed with contacting individuals and letters will be going out at the beginning of the year. Many of the eminent domain individuals are coming back to them. There was a question on the City's utility complex. It was suggested the CRA, at a minimum, write a letter to the City to ask them to do something about relocating the Utility plant. Ms. Bright requested permission to draft a letter with legal to indicate the CRA is anxious to develop a plan and need to move on the project. There was agreement that the CRA staff will prepare a letter for CRA signature. Mr. DeMarco thanked the staff and complimented the CRA staff on their expediency in moving pending matters along. Mr. Fenton thanked the staff on behalf of the Marine Corp Toys for Tots program. His staff generously gave up their inter-staff exchange for gifts and donated toys. A big bundle was delivered to his office and also at the meeting tonight. A marine is coming next Wednesday to collect the gifts and there is still time to donate. All toys will be graciously accepted. Mr. Fenton also wanted to go on record that over the last four years and serving on the Board, that bureaucratic micromanagement has created an inertia in the City of Boynton Beach. He thanked the Board and said good-bye. Mr. Barretta noted in reference to the CRA office, they will be asked to leave the premises by August. The CRA is looking at the old high school. Mr. Barretta contended by the time they go to out for RFP, select a contractor to do the design work, permitting, construction documents and required renovation, it will probably be August of the following year before the building is ready and the CRA should not consider the high school. Time wise it is not feasible and in it's current condition it may not be able to receive a certificate of occupancy. Ms. Bright indicated she was told the building was habitable. A happy holiday was wished to all. X. Comments by Board Attorney None. XI. Comments by Staff None. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 XII. Future Project Preview A. Sunshine Square There were no comments or discussion on this item. XII. Adjournment Motion A motion was made by Mr. DeMarco, seconded by Mr. Tillman to adjourn. A vote was taken and the motion unanimously carried. Meeting adjourned at 8:43P.M. Respectfully Submitted Catherine Cherry-Guberman Recording Secretary (122205) 16 C. Consideration of In-Kind Sponsorship for City's Medieval Faire for Community Policing and Trolley Service BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEACH R~quested eRA Date Final Materials Must be Requested eRA Date Final Materials Must be Turned.i.!!!2 Meetioll Dates Turned Meetiol! Dates eRA Office into eRA OffIce 0 January 10, 2006 December 27, 2005 (Noon.) 0 July II, 2006 June 27, 2006 (Noon) 0 February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon) 0 March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon) 0 Aprilll,2006 March 28, 2006 (Noon) 0 October 10,2006 September 26, 2006(Noon) 0 May 9, 2006 April 25, 2006 (Noon) 0 November 14,2006 October 31, 2006 (Noon) 0 June 13,2006 May 25, 2006 (Noon) 0 December 12, 2006 November 28, 2006 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report o Old Business o New Business o Legal o Future Agenda Items o Other Item DATE: 01110/05 SUBJECT SUMMARY PARAGRAPH: The City of Boynton Beach hosts it's 3rd annual Medieval Faire, located at Jaycee Park, on January 28- 29,2005, This popular two day event includes various family activities, musical entertainment, and assorted food vendors. Hours of operation: 10:00 a.m. - 5:00 p.m" Saturday and Sunday, Estimated attendance of 1,000 guests. RECOMMENDATION: Boynton Beach CRA to provide police coverage and trolleys as in-kind sponsorship. FISCAL IMPACT: $2,500.00 ALTERNATIVES: City of Boynton Beach provides security and transportation for event. CRASTAFF~~~ aJZu(~~ TIAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSIAGENDAS ITEM REQUEST FORMS\Agenda Item Request Medieval Faire 2006.doc D. Update on Heart of Boynton Phase I Progress BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYN{ON SEACH Requested eRA Date Final Materials Must he MeetinQ Dales Turned into eRA Office December 27, 2005 (Noon) February 2R, 2006 (Noon) Requested eRA Date Final Materials Must be Turned into Meetinl:! Dates CRAOffice 0 July 11 2006 June 27. 2006 (:'-Joan) 0 August 8, 2006 July 25. 2006 (Noon) 0 Septemher ] 2,2006 August 29. 2006 (Noon) 0 Octo her 10,2006 September 26, 2006(Noon) 0 November 14,2006 October J 1,2006 (Noon) 0 December 12, 2006 November 28, 2006 (Noon) . Jill1Uary 10,2006 0 FenTuary 14, 2006 0 March] 4.2006 0 April] 1, 2006 0 May 9, 2006 0 June 13,2006 January 31,2006 (Noon) March 28, 2006 (Noon) April 25, 2006 (Noon) May 25, 2006 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report o Old Business o New Business o Legal o Future Agenda Items o Other Item DATE: January 5, 2006 SUBJECT SUMMARY PARAGRAPH: Phase I of the Heart of Boynton Redevelopment Plan calls for the redevelopment of approximately 6 acres at the corner MLK and Sea crest The Plan originally called for commercial at the Intersections of MLK/Seacrest and MLK/Federal with multifamily in between. The Plan Will be amended to create mixed-use at the intersection of MLK/Seacrest and multifamily east to Federal. The CRA began assembling land for Phase I in 2003 with the intent to put the parcel out to the private development sector. To date, the CRA has closed on 11 properties and has 2 under contract leaving 12 properties in the eminent domain process. The self-assembly group is comprised of 5 properties. To date, the CRA has spent $2,490.164 for all expenses related to property acqUisition RECOMMENDATION: Continue to purchase properties on a voluntary basis. Continue to pursue a Memorandum of Understanding with the self-assembly owners while simultaneously pursuing the eminent domain process FISCAL IMPACT: Unknown at this time All properties in the eminent domain process are being reappraised ALTERNATIVES: Stop the property assemblage. ~~ CRA STAFF: ____/ V an L. rooks, Plan Ing Director T:\XTEMP\Vivians Files\MLK Corridor\HOB Phase I update,doc -j 6 ~ o s: m Z ;j I o CD f) o TI ~ S. I o CD -0 '3 TI m " ~ r 0. ~N g ~L::F e 01 j,.", 'f''' ~:t ~ ~N b ::". ~g ,0 g ~ :<5' ~~I 0< 2.5- ~ 0 " ~ ~ WI: "-~ ~ ~L.< "-0 ~ f.:: ;1., z ~ ~l~:. ~ mm :T ~~ ~ )>::e- ::J:;c> ~ ~'/ ~ ni ::J C' ~ a; eLl ([) N~O ......-..,I(Ow...... 00000 Q)OOC:Ooooo j,.j,.j,.j,.j,. WWWWW j,.j,.j,.j,.j,. 'fV"'V'<fV' ~~~~~ .........IV.......... oOUloe 66666 00000 66666 00000 ......w....O'lW 00000 I ~~~~~ r 3 =: r- 3 "T1::; 3 Tl 3 ~g;~~~ ~~o~~ 3'< ~ 3-< roQoQ.ro<- ;a.CIJ-<2"'"' ;:03_ ~ ~~ ~ -j c ". c ~s:s:~ ~~o ~~Q;1~ f.D~a.^ ~ CD ,,- a C'l ~ C'l 2" ]i. 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AN ::;: s: , , ~ W '" '" ~ ~ a "' a '" U, .. .. a '" a a a < w o w " W o ~ J,. W J,. '!' 'N I~ ~ o 6 o '" 6 o '" n ::: '" a S )> < o o if> o w "" 3 n 3 ^ ~ Q<I :?l' :fu' ~ i~ is '0 'n; ~ . ~ ~ m ~~ ro w<> w~ A~ "'m N)> G\ ~ ~ m ~t .$ ?~ ~~ r 0 w' w<> ~~ ~ ~; p < o , o ,0 r . ~ . , " r . ~ o ~ '" 'P '" '" ~ ~ ~ in N '" ~ :Ui ~ .. N N '" o a a < w n w " N o ,," J,. 'W J,. '" ~ ~ ,0 '6 o '" 6 o ~ a " r ^ N a a a < w o w " o ~ J,. w 'J,. '!' ~ " '" 6 ~ 6 ~ o I" 'n Iz )> 0. g- ~ " " " r ^ II o w a -< o -< o c o <0 l~ , ~ I" 1 Ii ~~ 'm ~ :~ ::: , N " r)> wr wr AO w)> ~~ )> < ,m o m r ~ ~ )> 0. g- o " ," 'S!. o ~ , ~ !. w m " m o m :~ W ~ m if ~ o a a < w o w " i.,~ ,. o 0. ~.~ - " C m ~ ,en '(I) 3:::;; r),. ,;<; III <'III <~<D (I) '3 ~C' -< E. Update on the Self-Assembly Program BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM "",'''..'; BOYNtON BEACH Requested eRA Date Final Materials Must be Medinl! Dates Turned into eRA Office December 27, 2005 (Noon) . January 10, 2006 0 February 14,2006 0 March 14.2006 0 April 11, 2006 0 May 9, 2006 0 June 13,2006 January 3],2006 (Noon) Requested eRA Date Final Materials Must be Turned!l!!.Q Medin!! Dates CRAOfficc 0 July 11, 2006 June 27, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon) 0 October 10,2006 September 26, 2006(Noon) 0 \;ovember 14. 2006 October 31,2006 (Noon) 0 December 12, 2006 November 28, 2006 (Noon) February 28, 2006 (Noon) March 28, 2006 (Noon) April 25, 2006 (Noon) May 25,2006 (Noon) NA TURE OF AGENDA ITEM II Consent Agenda o Director's Report o Old Business o Nevi Business o o o Legal Future Agenda Items Other Item DATE: January 3, 2006 SUBJECT SUMMARY PARAGRAPH: The Assembly and Redevelopment Incentive Grant program was developed to encourage owners to collaboratively assemble properties for redevelopment within the Community Redevelopment Area. ThiS is a 50% matching grant, which can be used for surveys, initial site planning, appraisals, legal and/or feasibility studies for the assembled property areas. The grant program will be available to owners who plan to assemble properties for redevelopment with twelve (12) months of completion of the grant activity work, The aggregate area of commitment must be a minimum of 1.5 acres assembled for projects in the MU-L zoning and 2.0 acres for projects proposed as MU-H zoning. The minimum number of different grant applicants (properties) is three; however there is not maximum number of properties or owners Since the programs Inception four self-assembly groups have been formed Three have received funding commitments from the CRA of $15,000 each in 2005 from the grant program The groups are as follows 1 Railroad Avenue (formally Boynton Beach Self-Assembly) $15,000 2 SEBOF (South East Corner of Ocean and Federal) $15,000 3. North Federal Self-Assembly $15,000 4. MLK Self-Assembly Attached please find a status report on the self-assembly groups. RECOMMENDATION: Continue to follow the progress of the existing groups, but discontinue offering the program until the outcomes of the program can be verified FISCAL IMPACT: To date the eRA has spent $13,372 on the program with $31,628 encumbered for future inVOices. T:\XTEMP\Vivians Files\Self Assembly\SA update,doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTONBEAC Ii AL TERNATIVES: ::::::,~ff'~~ '"" '""" pm,,,m '" ,", '''00 "'"9" VIvian L Brooks, Planning Director T:\XTEMP\Vivians Files\Self Assembly\SA update.doc A W ~ ;;: JJ UJ Z C- ~ m ^ la ro ." Z 0 m . ~ . ." m 3 ~ ,~ . 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Ii ,I' ",'" ,1- ___.rL ~ ~1 ~!,jjJ{'/":;~' , ,_.L: ' \1 I, ;,- ,';:' l ,;..-'1 I,'i; , ~J 11,1 i' "., .~i i f' '- --~ml ,j --- "~ I, 1 " J' 1,1 t Ii 'CI' 1- ! I:it: " In, Ij.J! I,,_!I 'I, ,u,.,';.C' Self Assembly Areas (CDuc' , '\ - " 1 In ::0 500 0 feet I I"'"'' F. Consideration of a Facade Grant C.K.'s Security Systems & Sounds BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM .~: """, , . .". k' BOYNTON BEACH . January 10, 2006 0 February 14,2006 0 March 14.2006 0 April 11, 2006 0 May 9, 2006 0 June 13, 2006 Requested eRA Date Final Materials Must be ,1\1eetiDlz Dates Turned into eRA Office December 27,2005 (Noon,) January 3 L 2006 (Noon) February 28, 2006 (Noon) Requested eRA Date Final Materials Must be Turned into Meetim:!Dates eRA Office 0 Ju)y 11. 2006 June 27,2006 (Noon) 0 August iL 2006 .July 25, 2006 (Noon) 0 September] L 2006 August 29, 2006 (Noon) 0 October 10, 2006 September 26, 2006{Noon) 0 November 14,2006 October3l 2006 (Noon) 0 December 12,2006 November 28, 2006 (Noon) March 28, 2006 (Noon) April 25, 2006 (Noon) May 25,2006 (Noon) NA TURE OF AGENDA ITEM . Consent Agenda o Director's Report o Old Business o New Business o o o Legal Future Agenda Items Other Item DATE: January 5, 2006 SUBJECT SUMMARY PARAGRAPH: C.K.'s Security Center has applied for a Fa<;:ade Improvement Grant in the amount of $15,000 for their property located at 301 S. E 4th Street The company has been located In Boynton Beach for 40 years and has 28 employees. The scope of their project is to expand the building to create a showroom area The work will cost approximately $53,000 leveraging CRA funds 28% RECOMMENDATION: Approve the grant application in the amount of $15,000 FISCAL IMPACT: $15,000. $75,000 is encumbered in the 2005/2006 budget for Fa<;:ade Improvement Grants ALTERNATIVES: CRA STAFF: T\GRANTS\CK's Locksmith doc 200212003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM BOYNTON BEACH Boynton Beach CommunIty Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please PrInt Or Type Only - Use Additional Sheets" Necessery) APPLICANT INFORMATION Name of Property Owner: 0' r E J/ (), =7"//1 C . /.j7J.. ST :XE Address of Property 6/\ " Owner: L' City/State: Bot",vrON f//nl0.H I rL 0" /- 7.iJZ 'fiI" / /'0/ - 3;J ~ - 'I "63 9 Evening: Zip Code: Phone # Day: - :13 'I3J Legal owners and legal description of the property to be improved (please attach copy of walTBnty deed and lease, H applicable): 4E.GIYi. t)C<.'/I/~I<.'; ,5'n!'~'C', ::LA-'C., O!f>rli"/T/hl/; [)EIA/(.- if' l_c'l<" ~:"TSl "." " .;/).2' LOCK rE ' ~ 5"., i 'J'''I.I 'c>. 1. , JlF-/A/6' fALrh e.Nkrl, FI(),,-, II c.f 'L,/ C. NciCCJ1f')5" ~ F P. Lr71 , E;-tCIf G:.'[;',A-"," If Different from Property Owner iIIl IS' Name of Business: C.K. .-(6C,ts'!iL1P {jA-'O 5,EC<tI<JIT'( CE/VTEA2 Address of Business: .30/ 5. C. "I7}.. 67. City/State: ~;70N .i3EIK: it I (./-7212.. - 't'fl!! Phone # Day: :;(. I -'1 j,' o. '13" 'i' Type of Business: LocKRm I rt1 PL Zip Code: .3 .j' '/'j S-- Evening: 'r S.~L( 12 1TY Sy 57 E i17.5 Years of Operation: Number of Employees: / ,,1/ ij,L7/f/( ,J CO' Rf'f~ 'f tf(;, (jO-(' Annual Payroll: Number of Employees residing in Boynton Beach: 0 Boynton Beach Community Redevelopment Agency F~e Grant Program Application Pagelof6 Revised 12/1 0102 STEVO, INC. DBA, CK'S LOCKSHOP FACADE IMPROVEMENT GRANT c.K.'S LOCKSHOP AND SECURITY CENTER HAS BEEN HEADQUARTERED IN BOYNTON BEACH SINCE 1960. DURING MORE THAN 40 YEARS THE COMPANY HAS GROWN DRAMATICALLY AND IS CURRENTLY LOCATED AT 301 S.E.4TH STREET. WE HAVE GROWN TO BE MUCH MORE THAN A LOCKSHOP AND SECURITY SYSTEM INSTALLER AND NOW OFFER MANY PRODUCTS INCLUDING PLASMA TV'S AND AUDIO SYSTEMS. OUR MAJOR ACCOUNTS GROUP SERVICES COMMERCIAL AND NEW HOME BUILDERS, HOSPITALS, BANKS AS WELL AS CUSTOMERS FROM MIAMI TO VERO BEACH. A FEW MONTHS AGO, A c.K.'S CUSTOMER ACCIDENTLY DROVE INTO ONE OF THE CONCRETE COLUMNS IN THE FRONT OF OUR BUll.DING. BECAUSE OF OUR BUSINESS GROWTH THE COMPANY WOULD UKE TO CONSIDER EXPANDING OUR BUll..DING RATHER THAN REPAIR THE DAMAGED COLUMN. TO ACCOMPUSH THIS WE ARE INVESTIGATING THE COST OF CREATING A NEW MORE ATIRACTIVE FRONT TO THE BUILDING AND A MORE FUNCTIONAL INTERIOR. THIS HAS LED TO THE ENCLOSED APPUCATION FOR A FACADE IMPROVEMENT GRANT. IF THIS IMPROVEMENT IS AFFORDABLE WE Wll.L EXPAND THE SHOWROOM OUT APPROXIMATELY 7 Y: FEET AND ADD THREE FIXED GLASS WINDOWS IN THE NEW FRONT WALL. THIS WILL PROVIDE CUSTOMERS THE OPPORTUNITY TO SEE INTO OUR SHOWROOM FROM THE FRONT OF THE STORE RATHER THAN SEEING ONLY THE STUCCO WALLOFTHECURRENTSTRUC~. THE ENCLOSED PHOTOS OF THE CURRENT FRONT AND THE ARCHITECT DRAWINGS OF THE PROPOSED CHANGES Wll.L PROVIDE A COMPARISON OF THE SIGNIFICANT CHANGE WE HOPE TO BE ABLE TO ACCOMPUSH. THE TIMELINE FOR THE PROJECT IS ESTIMATED AT 90 - 120 DAYS FROM DATE OF PERMIT. IT IS THE INTENTION OF THE COMPANY TO PROCEED AS QUICKLY AS POSSIBLE AFTER GRANT AUTHORIZATION. 301 S.E. 4"' Street . Boynton Beach, FL 33435 Phone: (561) 330-9838 . Fax (561) 737-1347 .L'L...... !o;;.-"::L11,j~ L14:!.,.J ""'1": ~.H. l-'t.j.:.t";I.,-d 561 276 4~':::{2 P.Ol R. A. Prichard, Ine, Gmeral Cootractor PROPOSAL D~r 16, 200.5 To: Tom Ale"...ndtis CK's 301 Sf 4. Street Roynton !:leach. fl. 334H Fu.nti5b labor, materials, and eq\ilpment to: Bullt dUll walllllSide store Remove block walllceving COIllnle column. RomQ\'e ill<terilll' ceiling Shore cxillinc lllIllIeS Demolish lIIld haul concrete colllllUlS and b.8JJ1 Build new stCll'l!lToDl per plans El<<:ttical Slu.:QO eJ<lerior Willdaws to be impact, /llllY tiD~ bronze mulli_ Paint Pric;, SSJ,9lII.OO Alternate l. EllpOdile jlIOI'l1titting Add $400.00 E,clude9: PIaus. l!"';nClClrinB Perm/I files Truss, roof or fascia wort Floor Leveling Floor Coverill!l Replaocntent or repojr of ~ lll1UClural damage HVAC Window!! Thank vou. Signature Dille Robe'1 ,... Prichsrt! (Andy), Pre.. Prim NIJlJI!------ ;61.704-4804, PllX 56i-276-48!l2. 400 NW 12th Sir"', Delmy Beach, Pi. 31444 CG C031!466, PC C0516~ ',-'...,' L~ l!.j. ~~0~ la.0t 1'.J'.'_. / jb:"':b.'~; Lia,'1SJ:d & .Insured Bold Construction, Inc. Eric David Lund i Certified Building Coutl"Sctor 1017 SW 27th Avenw: Boynton Beach. FL 33426 '1' -I (5 '1" '''8 ')CC'U l. b. } I,). kCJ.J Fax (561) /38-2623 Cell (561) 870-4623 .. Dove C8e * 12.~2576 QIl # 37673 : PROPOSAL: _w_~___"__.._~"~e__~~__'. TO: C.K's Lock Shop 301 SE 4th Street Boynton l3€ach.. FL 12/6/05 RE: Proposed addition for CK' ~ Lockshop as per prints provided by J:-'te(:;'5ion Draiting & Design. Ine Thank you for r.hoosu'g Bold Constrl.lctiDn. Inc. for the ;lbove referenced construction project. We have' the human resources and strategic alliances to pnwid.. you with it final product that we know will meet: or exceed your expL'Ctations. We will be available on a daily basis to keep you huormoo of the progress as weil as answer any questions you may have regarding the pT(~e<.'t. The Hcope of work for the above referenced proj;,ct shall include the following: 1) Supply all material and labor nec'~ary 10 shol't~ up existing covered patio root. 2) Supply all material labor and necess.'U'y for demolition a.nd removal of existing cMO'ete columns, afch'e5 and tie heam~ as per prints provided, 3) Supply an material and lilbor necessary to lllSt'all new U-block concrete curb. steel columns. and ~()ncrete over puut as per prints provided. {. Supply all material and IalXJr necessary to insUlU new 2X6 bearing exterior walL~ imd triple 2X12 girders 3S )Xl' print:; provided, 51 Supply all material and labor nL'C"ssary to remoVl' existing "tu~co ceiling tluougl"ollt covered patio area and replace with new 5/8" X type drywali at ceiling wi smooth finish complete. 6) Supply all electrical outlet1l as per print (additional rece!!Se<i lighting at mow L'eiling to be discussed. agreed upon and incorporated into th" final conlTact), 7) SIJppl" and install all new ~,indows as per FI'il\l~ pwvided, B) Supply ilnd install exte.r10T stucco finish to ffi<\tdt existing. 9~1 Paint flew interior and exterior areas to Imltch existing, 10) All debris to be removed by Bold Construction 11) Job to be left in a broom swept mann....'T daily. (No mechanical print provtded. Mechmucal wUl be disC11ssed and agreed upon C1"d incorForated into the final contract if nect~s~ary.) A.n work to be done in ,\ h.mely and workmanlike manl.t"'r for the sum or $58,440.00 (Fifty Eight 'l1lou".""d Fou.r Hunch",d F,wly D01l,,-,,,,) DT8-':"'''S S(.~hcdule to bl" incorporated into the: final C(.lntXL\ct , )l" 12/091)005 IJ:O~ l.r:;E'~ 7~~;~J:t:'~;~: E'-~II"_ [, 1=:=!~,,:C::;To:__,'Cl I.:JI j F ,':,(iE C'~ Exclusions: Surveys / site plans I Permit Fe""" Inspections or Soil Tests Engineering / architectural Landscaping/ Irrigation Labor and mMerials for conditions not part of the above specified scope of the contract Exclusions that are perfonm.>d. by Contractor shall be billed to Homeowner upon completion. Phce based 01\ existing conditions meeting Engineer reqUIred 2500 PSF Soil Bearing Capacity and 1"'<luired elevlltionE. Owner responsible for costs to meet conditions. (Induding, but not limited to excavation. grading or providing fill, if they do not e>cist as is.) Contractor shall comply with all state and local lkensing and rcgiBtration requirements for type of HctiVity Involved in the sp'X,i1ied work Contractor is fully insured \'o"lth Liability and in. compliance '"ith Workers Compen<>ation. Contractor re5erves the right to post a ~ign on job site and to lLse pictures of job ill progress, A~ well as pictures of finished product for advertising purposes. Additional AgreementR lit Amendments: Owner and Contractor additiol1ally agree that all agreements between Ct,..,"ller and Contractor r<:lated to the Spt~cifi"d work are incorporated into this agreement. All modifications. to this agn.'€ntent shaH be in writing, agreed upo~ signed by Owner c1Jld Contractor, and built dccon.lingly at additional cost over and abov,. this agr<!<'.ment. ContracCol' alSo r",serv."," the right to perfonJ1 work that is verbally authorized by th.. Owner and to demand and receive paym"nt of said work upon completion. Mat€lrials are guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deVIations from the specificatir)ns involving extra costs will be executed upon written or Verbal authorization and will become an extra charge IJver and above the COntract. Proposalls based upon visual inspection of property and the assumption that all existing soil and structural conditions are in good, sound condillon and thai existing conditions including elevations and soil bearing capacity meet architect and building coda requirements. Costs to bring existing conditions up to code will be the responsibmty of the Owner. If thE! client defaults on any portion of this oontract, parties agree that the terms of this contract are enforceable under Florida law and competent jurisdiction will be in Palm Beach C,ounty, Florida. F urtl1er if the Contractors forced to file suit against client for default, the Contractor is entitled and the dient will be responsible for payment of Attorney's fees, suit monies and cosb? incurred by the Contractor to enforce this contract. In addition to the standar'd practices 2 year lmplled warranty the Contractor guaranh!e6 that the constnlction wiIll~ of reasonable workmanlike manner and fit for the purpose intended by the Owner. All mah!riaJs will.... warranted to the extent that is guiUanteed by the manufacturer. Any and all copies of written wim'anti"" supplied by manufadurel'll will be forwarded to Homeowner. ;.. ~i :i '!~1<> :.2C:::;~, l Lt: 01::, ~ "Jt:.. ~:::::= t, ~ I<)L...~ '-'--If,''-;-f-- li"-; Contractor to choose manufacturer and mod..! 01 aU supplieR and matlJrials not specified by owner AcclJptance of the agreement: OINner: Date: Cuntractor: Dat..: J",'spf'ctfuHy Submi.tted Eric David Lund, President I,;'. '1 ".-;/ )' s'1 ' 'Z /< ;1 j ., I }.v'L- ttfi2_1"""'1. ..,'F (,- VanN<;'''/i & Cal1<1W1lY Ccmsfrudion. !ne. Joe V()I1~ . J.,", "CGC J 5ll59!l5 Mailin(f. A.ddfe::~ 9191 o.;k.i~)p';><l/'U';!f Pb:J" ~J P9/'" &och, Pi. 33411 Of/i,:tt:: {5t'SJj ZlM).'J;:';' _,I&!lJP1HlriI5 h= (.~a) ?W9570 f "" /1/.4 /k ,,'/j.r' (..L~A...t."C4"'f ,.:: . r" 02:..... '---' 11-3 14<..-/ ",Ac/'C.--"i <j"'-<7r I ,",_ ,.::/./ / (:;:v'-~......... ,._.(;).("..<:.~.-&t "n-Z-!."r;/- Ii) ," ~~ ,I U::'\~)i~"'_"^ ~ "i! ;~~4 :.1:....,A / ,r . /1 .;:'t:.....u.1[". - "~'"'?""'I"-,>",,'.c::-.. ,,<J".'~ 7. L'./~' "'/'-<0<..,._, '. - ./ ..... "'~..-':.. -,.;,' .:..t.c,.,~,'[/"t._ ' .-), /~. ,";1i~"~'.d-.,4~: ",,1" /' ~- ~ "/I'. ( .~ ,.') /'1,'} /"(I--?!;i_// ~1"",?'V-CI (/~ V'-' ! r-~' /:).. /;L. IJv ,. I I ~j /' /-7' <;:<;~ I{-c,f /l1..~-<. /. "....::~.:~;./ ~5. r (::(, . - t .-~' ;;~C1Cf_' :.1:: 1~.j i'--F':JI"~: MORTON (~ONCRETE INC" Specialty Concrete Applications 22118" Avenue North. St Petersburg, }lorida 33713.Phone(27)644-2666. Faxi727)32S.1525 Proposal Proposal No.:~QD5.65c Attn;.. Tom Alexander Date:121D8/04 To; C KSe~_Phone:~.!mO.9838 Fax: 156iI737-1347 Addressi-303.S-,-E. 4".-S.l!:l!l!.LCity: P9J!1t9_nD~State: ~Zlp: ~. SCOPE OF WORK; MORTON CONCRETE will furnish and Install 2 1/2 to 0 Inches of Level Rock 2500 according to level Rock specifications over approximately 420 square feet on the ground f100r sidewalk, Minimum compressive strength to be 750~. SPECIFICATIONS: l.)Subfloors shall be structurally sound, broom cleaned, and all openings protected. 2.)Bullder to supply waterllne and electrical outlets. 3.)leveIRock to be installed after Drywall installation. 4.) Payment In fuli 15 days after Invoice. Respectfully SUbmitted~Oe"-:::_ $0-" -h1--1 COl'lrRACT PRlCE;.lli!)O.OO (se!~ tax lnc;;luded) Effective Until ~.~O/OQ ACCEPTANCE: You ara hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which we agree to pay the amount mentioned in said proposal according to the temlS thereot. This proposal will bacome part of any contract issued of the above project Seller Accepted: ~~ ~~";:;"__Date: Iz.//zhs- Buyer Accepted: Date: Professional Business Solutions The Bottom Line Experts December 13, 2005 Boynton Beach Community Redevelopment Agency , 639 E. Ocean Ave., Suite 107 Boynton Beach, Florida 33435 Re: C.K. 's Lockshop (Stevo, Inc.) Financial Ability to Pay To Whom It May Concern: My firm is Professional Business Solutions, located at 110 E. Atlantic Ave., Suite 235, Delray Beach, 33444. We have been the accounting firm for C.K.'s Lockshop (Stevo, Inc.) for the past four years. Based on my detailed knowledge of the financial status of Stevo, Inc., it is my professional opinion that C.K. 's has the ability to pay for the facility improvements for which they have applied for a F~ade Improvement Grant. Best Regar7A~S' c /7 . cO , / ",/ /.~f1I(c?~; Jeffrey P. Anstis CFP 110 E. Atlantic Avenue' Suite 235. Delray Beach, Florida 33444 PHONE: 561-819-0990' FAX: 561-819-0991 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: v. Project wor1< write-up(s) describing in detai the scope of the project, /'. Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from !tYee (3) licensed contn:nors, . Estimated time line, . Evidence of finardaI ability to pay for the project (approved loan, cash aa:ount, Ine of aedit, etc.), . A minimum of four (4) 3" x 5" color "before" photos of the project whid'l must include "public views", . Signage design with colors & materials proposed if applicable, . Project color chips I material sam pies if applicable, ,. And material specifications. Applicable documents must be attached for the Application to be processed. By signilg this Application, I ad<nowledge that I have received and read a copy of the Program Agreement, and I understand and agree to com ply with its content. ~/ (') .A"- ! tr1 ~~~ 11r'/6:7 ~~,;. Witness (Date) ",'/ Property Owner -,,:;2 , (9, <Sx; (Date) (Property 0 wner's signature must be notsJized) /,. . /~kt=~<~ /zi 1k ( Witness (Date)' , TenantlBusiness Owner (Date) CRA Director (Date) Boynton Beach Corm1unity Redevelopment Agency Fa<;ade Grant Program Page 5 of 6 Revised 12/10102 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~ + ..J.? Sq?he1s. who is personaHy known to me or ... produced as identifICation, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in ~ and that the inatrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have s1;:: hand and official seal in the State and County aforesaid on this IOJ day of ) ......rY'\tn.. 200.6 NOTARYPU.L1b~M- M C .. Ex' 0"," S Rooonb\lll y ommlsSlon pires: ~ . 06ia&3~' ,.. tIti eommlUKJlI "'..':i EJq>ilM July 29, 2007 Boynton Beach Cornrrunity Redevelopment Agency ~e Grant Program Page6of6 Revised 12/1 0102 " / ;"J', ,.. . ,v., ",it--.., ,...lfiJlUII!! liJlIil.UiU'i '"; , j i , I I i I , ! i 1 ; I i I l .. , ':If , . \ ? i I w I ! , , i I j & b I,; r '~ ?' ~ . ;, ~ '~1 1,\ ;. ". "~. ~, ~~:.,~: '. ,,~1r ~ - ~,. -'~t'-iL"""~~ .. --:~. , JY. .lo .....,... -' -iti -. I;i' -.... ~oiil ~ ~"ll',. .~- - 1eP: . .:of, .-'f" 'lI-'" ~ . '14."~ _ _ d f ~ ~ ~, ' Il''l, 'Rl" > ~. G. Monthly Report to the Board MEMO To: CRA Board From: CRA Staff Date: January 6, 2005 Subject: Monthly Report to the Board Administration: 1. Trolley Operations: a. Ocean Avenue Trolley started operating on Saturday and Sunday from 10:00 am to 4:00 pm to the Beach. b. Staff working on route revisions to go south of Ocean Avenue on Federal Highway. 2. Police/Community Center: a. Staff scheduled to revisit 119 MLK Building on 1/13 with Chief lmmler and Kurt Bressner. (LB) 3. Staffing: a. Effective December 14, 2005, Susan Harris has joined the CRA in the capacity of Finance Assistant. Susan is a highly educated professional with extensive experience in finance and communications. (LB & RR) b. The CRA Planner position has been filled. Eric Johnson formally of the City's Planning Dept. will be joining the CRA on Feb. 21st (LB & VB) 4. Projects: . Reviewed Old High School Project RFP and waiting City approval prior to publication date of 1/13. (VB & LB) . Toured Old High School and implementing maintenance measures for CRA liability protection. (LB, RR & VB) . Staff and CRA Chair to meet with project principals for follow-up to timeline distributed 1/3/06. (LB) 5. Insurance: . Staff bidding general lines of insurance to determine coverage's, rates and/or carriers. Robert has received two bids and he will finalize the choice by Friday, January 06, 2006. 8. Contracts: . Staff issued RFQ for Marketing, PR and website service provider. (LB & MA) City Commission Action: . Commission approved Ocean Breeze Site Plan Server E:\Monthly Report to the Board 1-2Q06.doc Planning & Development: 1. Heart of Boynton (VLB) a. Closed on 1 property in Phase II (Thomas). b. Met w/representative for Doris Jefferson (143 NE 9th). c. Review of Direct Incentive Agreement for Ocean Breeze. d. Conference call w/Bressner & Ezrol re: self-assembly. e. Met w/Bradley Miller re: Gulfstream Gardens II. f. Met w/Steve Myott, Gary R. Sakwa, William Eisenberg re: Winn Dixie Site g. Met w/Luisa Berrarra/The Pottery Place re: fac;:ade grant. h. Met w/Jack White re: redev. site in south end. i. Met wlJames Addison/Addison Properties re: site. j. Attended TART for Wilson Center. 2. Affordable Housing (VLB) a. Met w/Dr. MurraylMetropolitan Center re: Housing Needs Assessment. 3. 2030 Plan, Design Guidelines & LDR revisions (VLB): a. Edited documents, waiting for final direction regarding density to complete documents. b. Met wlCity re: work plan for LDR revisions. c. Conducted density analysis of proposed LDR revisions. 4. Mangrove Purchase (VLB) a. Waiting for Diocese 5. Marina Purchase (LB) (VLB) a. Met wlOwners of Sea Mist b. Resolved legal description issue for Two Georges 6. Development Activity (VLB) (LB): a. Met wlChristopher Fleming/Strategic Realty re: Post Office site b. Met wllNCA re: Yachtsman Cove (Plaza) c. Met w/Debby Coales-Dobay re: Art in Public Places d. Met wlAdam Glazer re: redevelopment sites e. Reviewed Yachtsman Cove site plan and submitted comments to Planning f. Met wlPryse Elam re: Ocean One g. Met w/Linda Stabil re: Self-Assembly h. Met wlRichard Brooks & Jeff Sussman -500 N. Federal site plan i. Met w/Jim Williams re: 5th/4th Christine Francois site plan 7. Capital Improvement Projects (VLB) & (LB): a. S.E. 4th Street - Met with Utility arid PBSJ re: design b. Boynton Beach Blvd - FPL utility easement additional cost evaluation with Jonathan Ricketts/Burkhardt c. MLK Streetscape - 30% engineering plans complete; need to determine funding cycle d. Boynton Beach Blvd. Streetscape-30% engineering plans complete; need to determine funding cycle Server E:\Monthly Report to the Board 1-2006.doc e. Seacrest Streetscape- - 30% engineering plans complete; need to determine funding cycle 8. Workshops: 1. Created PowerPoint for Downtown Visioning workshop. 2. Arranged for Workforce Housing Workshop/Feb. 22 @ 6:30 pm. Finance & Operations: 1. WIFI: The system remains in the BETA, or test mode. The City staff is currently interfacing with the vendor to activate the service. City staff is hoping for 2nd Qtr roll OUt. 2. FY 2004-2005 Audit: Finance staff has completed the management response to the financial audit for 2004-2005. Staff is still awaiting the report from Linda Dufresne and Associates. Following the delivery of the final closing entries for FY 2004-2005 Robert will deliver the first budget report. 3. New Accounting Software: Susan Harris, our new staff member is currently being trained by Robert on the new software platform "INCODE". INCODE's implementation staff will again be on site as of early February to implement and train the staff on PROJECT accounting and PURCHASE ORDERS 4. Year End W-2 Processing: The Finance staff has completed the year end payroll processing and has distributed all of the W-2's and Federal Taxes. In addition, all Florida Department of Revenue reports have been filed. 5. Serial Bond #2 : Staff has concluded the selling of $11 ,235,000.00 Tax Increment Bonds and has attained an A2 Moody's rating. 6. Multi Fund Capability: The Finance staff has completed the implementation of a multi fund platform that allows the tracking of General Fund and Project Fund expenses. This was not available with the former software package. 7. Workshops and Conferences: . Robert plans to attend the 2006 INCODE Software Education Forum in February 2006. This forum is designed to assist INCODE users in the software's use and upcoming enhancements. 8. Insurance Coverage: Robert and the Interim Director are actively petitioning the City Department of Human resources to allow the CRA staff to join the City in it's insurance programs (Health, dental, etc.) Marketing & Communications: 1. Marketing(MA): . Published RFQ in Palm Beach Post and Sun Sentinel on 12/28/05, requesting professional assistance with Agency's Marketing needs, i.e., brand development ,website redesign and Server E:\Monlhly Report to the Board 1-2006.doc maintenance, advertising, and events. Special CRA Review Panel to interview candidates in January. . Met with Jack of Arts, Inc. to review ongoing CRA Website updates. . Distributed updated Trolley maps to area drop off locations: City Hall, Library, Chamber of Commerce, Boynton Beach Mall, Holiday Inn, area 50+ apartment complexes. . Provided final copy to GRT Ad Services for CRA ad and cover article in 2006 Chamber of Commerce Visitor's Guide. 2. Special Events (MANLB): . Renewed CRA's 2006 membership to Florida Festivals and Events Association and FLAUSA. . Attended Special Events Meeting to strategize 2006 events schedule as a joint venture with the City, CRA, Chamber and Children's Museum. Discussed the need to implement comprehensive sponsorship program for big events such as the Heritage Festival and Pirates event. Group to meet again in two weeks. . Attending Gasparilla Day in Tampa with invite from Mr.vince Pardo, Manager of the Ybor City Development Corporation. Visit will be opportunity to go behind the scenes and observe the process involved in hosting such a popular event each year, which tools we will utilize in planning the upcoming Pirates of the Intracoastal festival. 3. Media (MAA): . Coordinating media lunches with LB, MAA and local Business Reporters to forge working relationship and establish LB as a viable media resource. . Pitching David Weir, General Manager of WXEL's South Florida Business Report, to coordinate follow-up on-air interview with LB to provide update for viewers on current Boynton Beach CRA projects. . Researching Media Training for CRA Board and Staff. . Holiday Concert: All day event, located along Ocean Ave. in front of the Old High School, included children's activities from 1 :00 p.m. - 5:00 p.m., followed by musical guests on the main stage. Quintus Green's brother Charles opened for jazz headliner Copeland Davis. Secured sponsorship from Palm Beach Post and Knight Group, with food donated by Banana Boat, Two Georges and Hurricane Alley for the VIP Tent. Free event attracted over 500 people, and laid a great foundation for 2006 Events Program. . Heritage Festival Concert: (MANLB) Tentatively scheduled for February 25, 2006, to coincide with month long cultural events focused on this year's theme of "Embracing Culture while Bridging Server E:\Monlhly Report to the Board 1-2006.doc Generations." Due to late date and lack of quality sponsorship, Staff recommends cancellation of concert, rather than risk producing a sub-par event. Staff suggests the Heritage Festival Committee approach the CRA Board to request a portion of the funds ($25,000) be allocated for promotion of cultural events already confirmed for Heritage Fest Month. Advertising dollars will need to include television and radio. . Pirates of the Intracoastal: Postponed until City/CRA selects date. Staff will visit Tampa in February to meet with Vince Pardo, Director Ybor City Development Corp., to review critical tools needed in pre- planning stage of Server E:\Monthly Report to the Board 1-2006.doc Cross-Town Trolley Times C> '" i\l ~ '" ;::; '" e 'il o~ -~ ~:g .~~ 1:1i! 8,;::; "'''' oe .s:a .~'" 1:.fl : ~ :i!~ ,:!o -'" . . ~.~ '" " ..JJ '" " iil~ f -~-"~....,.,~-~..--_---<..~-~~-,._--,,,,,,~,,,,..,,.,., ~ .....-.,,_.... ...~..,.. .~.' .~,.'~,....". WESTBOUND TO THE MALL ,f' <pol ~ ~-kq; ~ ~ i\:S ~flJ -$ 4f ~".J' b~ '-' flJ ~ ;$1.:1i. 'b' :$' .&'~:11<;; ~~ ~ ti ~~ ~l1.ifiT .of;; J$j <:.>0 ~~q; O~# _$_.1;; # JllJ'rr 14,rG ~.r;cJ'" !! ~l C(;J4,.J} "90 ~ ~O ~ ~ J;;;>flJ ;;;- ::'. .t-<'lI i' flJ~.ff ;:J> Jfi1~ f.; ,.,..s> ;:'\ f:!,-<F :;., ~'!i:l 0<:3 ;: Ii' $~ <!f ~tQ :s'i' ",'" -# ,,l <,Q/~ -#..l ",<1',$ flJ~~t::' ::;'.:'. !S'~~4;1~ /, _.;. ~J:;i ~~ ~ 6;~ J:J7.#~ ~ .~f;y~ .!:i~ 4.~ # ~ /J7 ~ (J"lI &0 t/!! 4f....f!Jd' ;!t " $ Jr;' ~ ~ ~.~ -/J>~ ~ ~ ~4; 0<ff ~'lj.t> ~ ~~ ~ ~Il; J' ~~ q L's-~j ~ I~$ $' .tY 4,'" ~ ",0 ~ 4' 1 2 3 4 5 6 'I 8 9 10 11 12 13a 14 15 7.15 7.18 7.19 7.20 7.23 7.24 7.26 7.28 7.30 7.33 7.38 7.43 7.45 7.49 7.54 8.00 8.03 8.04 8.05 8.08 8.09 8.11 8.13 8.15 8.18 8.23 8.28 8.30 8.34 8.39 8.45 8.48 8.49 8.50 8.53 8.54 8.56 8.58 9.00 9.03 9.08 9.13 9.15 9.19 9.24 l'i 9.30 9.33 9.34 9.35 9.38 9.39 9.41 9.43 9.45 9.48 9.53 9.58 10.00 10.04 10.09 .; 10.15 10.18 10.19 10.20 10.23 10.24 10.26 10.28 10.30 10.33 10.38 10.43 10.45 10.49 10.54 11.00 11.03 11.04 11.05 11.08 11.09 11.11 11.13 11.15 11.18 11.23 11.28 11.30 11.34 11.39 11.45 11.48 11.49 11.50 11.53 11.54 11.56 11.58 12.00 12.03 12.08 12.13 12.15 12.19 12.24 12.30 12.33 12.34 12.35 12.38 12.39 12.41 12.43 12.45 12.48 12.53 12.58 1.00 1.04 1.09 1.15 1.18 1.19 1.20 1.23 1.24 1.26 1.28 1.30 1.33 1.38 1.43 1.45 1.49 1.54 l'i 2.00 2.03 2.04 2.05 2.08 2.09 2.11 2.13 2.15 2.18 2.23 2.28 2.30 2.34 2.39 '" 2.45 2.48 2.49 2.50 2.53 2.54 2.56 2.58 3.00 3.03 3.08 3.13 3.15 3.19 3.24 3.30 3.33 3.34 3.35 3.38 3.39 3.41 3.43 3.45 3.48 3.53 3.58 4.00 4.04 4.09 4.15 4.18 4.19 4.20 4.23 4.24 4.26 4.28 4.30 4.33 4.38 4.43 4.45 4.49 4.54 5.00 5.03 5.04 5.05 5.08 5.09 5.11 5.13 5.15 5.18 5.23 5.28 5.30 5.34 5.39 5.45 5.48 5.49 5.50 5.53 5.54 5.56 5.58 6.00 6.03 6.08 6.13 6.15 6.19 6.24 EASTBOUND TO THE WATERFRONT ,f' 01 ltr >> ~Jf'# J$j~ J$j ~fJ.j4 _1'4/ ~ ~:f ;::fib:; 4f~ 4.~J' S1 {j S1 ~ "t:~ I~~ 14,'" ~ ~ "'o~ oi'~ <14,'" .l' i' :...flJ S' .~$ 0'ti ~ ~~u q;- 'b ~ ~ r5'4J' (;j <?0. 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Approval of the Minutes-eRA Board Meeting December 21, 2005 COMMUNITY REDEVELOPMENT ADVISORY BOARD WORKSHOP HELD AT THE BOYNTON BEACH CHAMBER OF COMMERCE, FIRST FINANCIAL PLAZA, SUITE 108, BOYNTON BEACH, FLORIDA WEDNESDAY, DECEMBER 21,2005 AT 8:00 A.M. Present: Jeanne Heavilin, Chair Steve Myott James Barretta Marie Horenburger Lisa Bright, CRA Interim Director Absent: Alexander DeMarco Don Fenton Henderson Tillman 1. Call to Order Meeting called to order at 8:15 A.M. 2. Roll Call The Secretary Called the Roll with the above members noted as present 3. The Chesapeake Group Lisa Bright, CRA Interim Director opened the workshop and welcomed members and the public to the meeting. She stated the CRA structured the workshop to have various interests and interested parties from throughout the community represented, to assist and receive answers with development, and discuss retail challenges. The CRA did not have consensus about what the CRA wanted. The purpose of the workshop was to discuss four arteries within the City of Boynton Beach. Those four arteries are: Boynton Beach Boulevard., Ocean Avenue. Martin Luther King (MLK) and Woolbright. Once a consensus is reached, the information will be provided to the City Commission. After further introduction of the individuals assembled, Ms. Vivian Brooks, CRA Planning Director gave an overview. Retail development was originally slated to be on Federal Highway, Boynton Beach Boulevard, MLK and Ocean Avenue, but the CRA is starting to recognize that there might be repercussions and too much retail and/or the retail would be too spread out. Mr. Cohen of the Chesapeake Group was hired to study the issue and provide analysis for what kind of retail should be used and how to achieve those goals. To this point, there has not been true consensus as to how this will happen and they are looking for input on Meeting Minutes CRA Workshop Boynton Beach, Florida December 21, 2005 how to accomplish the goal. Some development has occurred. Ocean Avenue got a streetscape and then things stopped. There are other components needed to make this happen and they will examine those issues. The CRA is interested in knowing what the citizens want to see in their downtown areas and what they can add to attract people from all over. Mr. Stanley Cohen reviewed some of the issues as follows: Do you want retail to be a major component of the CRA irrespective of where it will be located and noted the activity is what draws the people. Conceptually it needs to be determined whether there should be an activity and if so, what level of activity is desired. It was noted that we are not Delray Beach. The difference between our area and Delray Beach is the strength and the amount of investment that occurs on Congress Ave. Mr. Cohen noted the CRA is not centrally located and to the east there is very little housing which places the Heart of Boynton (HOB) plan at a competitive disadvantage because it will compete with Congress. Mr. Cohen emphasized the goal should be not to compete, but do something different. Physical Design issues were reviewed, Mixed-use activity has never been clearly defined. There are different opinions about what mixed use is and are the uses compatible. There are two proposals for the Heart of Boynton Beach. One is preservation of a community and the other is redevelopment. There can be spot development (in-fill), but there is a point where if lots of activity is there or wanted, then what already exists needs to be erased. The City has one plan and the CRA has another plan. Mr. Cohen explained when the quality analysis was completed, it was done in a realistic manner. They looked at what development is likely to occur. He noted that unless more housing is added, retail is not viable. He noted things are moving forward but at a slower pace and presently Boynton Beach is priced right. The CRA area is likely to have substantial opportunity to add housing. Office provides retail business because of the people who are there working during the day and need to be serviced. The design must be different; and architecturally, it must be quality design with the designs integrated to the surrounding area. There will be restaurant activity but that needs to be planned or it will not happen" Mr. Cohen recommended discussing the issue now and asked if substantial housing in the CRA area was wanted. Mr. Cohen asked the individuals present for their comments. The following major comments were received: Mr. Myott stated there are many residential units planned and he agreed with the consultant that we should not compete with Congress Ave. He indicated the CRA development would be on a smaller scale. His preference and vision would be that the retail and activities would be focused around the larger developments and not be spread out. He favored creating a real architectural space and 2 Meeting Minutes CRA Workshop Boynton Beach, Florida December 21, 2005 destination at one or more locations, which would be convenient for residents of certain areas to shop and be serviced. Retail development should be based on housing nodes. Mr. Myott thought it was necessary to define what types of services we can support and what type of residents we want to attract to create our niche. Mr. Myott was surprised that the City did not have real hard numbers as it pertains to optimum number of residents, for efficiency of City government, infrastructure level of service, etc. Jeanne Heavilin thought we should determine retail and then support residential. Her vision was a very pedestrian oriented one, walking around with boutiques, specialty shops and neighborhood services. Her vision of Sea crest Boulevard was seen as office. Chris Francois shared she was a long tirne resident and always thought of Ocean Avenue as the corridor but it appears it does not extend to Woolbright as the core. She expressed a mixture is needed and also emphasized a pedestrian friendly environment in a more laid-back manner as opposed to Congress would be good. She indicated a higher density to support businesses is needed and growth should be more arts oriented. She suggested making a list of assets. Margie Adelsperger reported she was involved in the redevelopment of Delray Beach and Boynton Beach has a lot of potential. In Delray Beach, there was an arts component already in place but sixty percent of Atlantic Avenue was vacant. They went after the four and five star restaurants and worked down. She noted bar development is a quick way to develop, but it does not support retail development. They went to Church Street Station and studied a lot of other cities in terms of redevelopment. They developed cluster study software. She noted you could do a lot to promote an area even without completion. Communication is important with the community and involved a lot of meet and greets taking place. She recommended working on a promotional plan now and advised there will be growing pains. Mr. Buck, INCA Past President doesn't want retail strip centers. He requested that as you get closer to downtown, whatever development along Federal Highway is developed, that it be done to protect the existing residential neighborhood. He requested height restrictions of no higher than 35 feet be adhered to. He noted, attractions downtown are potentially advantageous; additionally there are educational and historical sites in place. Quintas Greene stated he views Congress as the central business district for Boynton Beach and agreed with focusing on nodes. Their vision has been to develop particular development at particular nodes. He agreed retail development follows rooftop development and we should focus first on the rooftop, then retail. Mr. Greene noted there is only one adopted plan for the 3 Meeting Minutes CRA Workshop Boynton Beach, Florida December 21, 2005 HOB. He also noted major redevelopment that would erase existing retail communities would not be good. Hannah Matras noted density cannot exceed four units per acre due to Department of Community Affairs (DCA) restrictions caused by the hurricanes. She indicated we need to know how many units will be year round units. People coming downtown to new units have a different socio-economic profile and will most likely have higher economic profiles. She recommended developing niche retail. She spoke of the Hollywood downtown area, which was created out of nothing. Ms. Matras indicated there is a much lower income community in Hollywood and the turnover rate was high, but it was created. She noted people are coming from all different areas to go there, and it can be created. Mr. Cohen explained thousands of people are needed to support retail development. There are calculations for determining thresholds within a certain radius needed to support retail. Building just a few residential developments would not necessarily support retail development. Arleen Dennison indicated she has not yet seen the City identify how it wants to be known. She indicated there have been several tagline studies conducted. Ms. Dennison stated art attracts people. She would like to see a few nodes where art would be appropriate. The Children's Museum attracts people all the way from Miami. It is important to know who is going to live in the area and an image should be created who we want to be there. There are some issues with children needing a place to go. Tourists are being tapped but an image needs to be developed. There was discussion about the types of retailers there are, national and local, and how to attract and retail them. There are only so many local retailers to go around. Marie Horenburger indicated the City should remember there is the element of wealth from Palm Beach County that we can draw from. Scripps wants to come to Jupiter, and retail development in Palm Beach will be successful in the longer term. She felt massing the retail in core nodes would be good. She noted the City of Boynton Beach adopted the City by the Sea as a motto. She indicated she did not see downtown as supporting all retail. Congress Avenue has become Boynton's downtown by default, and she suggested it might be beneficial to think of an alternative or activity center. She expressed concern, in reference to Savage Creatures, that the state would not allow the City to build certain things. She indicated it is incumbent on the Board to think about an activity center. 4 Meeting Minutes CRA Workshop Boynton Beach, Florida December 21, 2005 Jim Williams advised attracting people to the area and working is the key. It is important for people have the opportunity to work in the same area, have public spaces, culture and parks nearby. Price Elam agreed with the previous comments made. He added building residential units would help create the development of retail, but it is almost like the chicken and the egg. He suggested creating a long-term plan and having an interim plan to help attract people to the area. He recommended something in the core area around Banana Boat and by the time the core area is developed, mass transit will be available, and the Florida East Coast Railroad (FEC) will be online. He questioned where the mass transit nodes were going to be. Mr. Buck indicated the CRA philosophy of offering incentives to stay in business is great and thought a plan to develop attractions, and focus on large, stand alone operations is needed. Ms. Bright indicated Savage Creatures would be going to workshop to determine its viability. She added the development of the old High School as a big cultural artery, that will start from Seacrest and go forward is a big thing. She further commented they are trying to start the vision. They need a marketing brochure and confirmation on where are they going to focus. Quintas Green observed there is a Z traffic pattern. The core of the area is the middle leg of the Z and should be the starting point. There was further discussion on density and the plan for future growth. Boynton Beach has 3.4% percent of the office market in Palm Beach County, but nationally, urban infill projects are successfully attracting up to 25% of office. It was suggested looking at some of the excess spending powers within a one-mile radius of Martin Luther King (MLK), in order to capture that. Mr. Cohen went through the geographic areas and spoke about the Z traffic patterns. He requested conceptual input for the nodes. Vivian Brooks clarified the code presently calls for mixed use in each development area but most of the development is driven by retail. She noted a true downtown will have a three-minute walk and a pedestrian will walk that as long as the walk is visual, continuous and uninterrupted. She stated the codes could be redefined today. Mr. Cohen emphasized the CRA areas must be clearly defined as far as mixed use and their conceptual development clearly articulated. He asked if the CRA wanted to see activity along the street of the Z pattern and if it was covered space. Mr. Barretta arrived at 9:36 a.m. 5 Meeting Minutes CRA Workshop Boynton Beach, Florida December 21, 2005 The Ocean Avenue CRA node was discussed. There was consensus there was a need for density east of the railroad in a very tight area with a height restriction of 35 to 45 feet and that the CRA wants active first floor space on both sides of the railroad tracks. It was noted there are already high-rise buildings in that area and it was articulated there would not be a continual high-rise wall. There was discussion on transportation and it was noted the railroad might become a key part of transportation in five to ten years. Freight business continues to grow, and there is transportation and government already in the area. There was consensus as you go west of the railroad tracks, the height restrictions will need to come down and from a design standpoint, need to be carefully interfaced. The INCA area was discussed. Ms. Brooks explained they are proposing to take out the mixed use and preserve the residential character. There was consensus, from a land use and not a zoning standpoint, for the new proposal to preserve the INCA area as residential and the area east of Federal Highway. It was duly noted by Ms. Horenburger that, zoning wise, she was inclined not to support to preserve the INCA area as residential due to concerns that the action could be considered a downzone. There was consensus they did not want to create a narrow retail strip activity and they would provide incentives to develop the other side of Federal Highway with those uses being compatible with the residential development along Federal Highway. Mr. Cohen explained they are not creating a complete plan. They need to develop nodes in certain areas with two nodes identified so far. The HOB is in place. He asked if the CRA wanted to reaffirm their support for the current HOB Plan, and preserve, in general, the cultural, historical and residential aspects of it, exclusive of MLK. Chair Heavilin stated the CRA has reaffirmed the HOB plan. Mr. Cohen spoke about the MLK corridor, which is in close proximity to Congress. He explained if retail does go along MLK, in his professional opinion only, the businesses, which would be neighborhood based community services, would not be competitive with Congress and would not be likely to break even or provide a return on investment. If this concept is accepted, there are two directions, either no retail along MLK or incentives that would subsidize the existing retail to operate below market. Marie Horenburger stated she could not support a plan without a cost analysis. There was discussion on how to create stability in that area and the need to find out the costs associated with alternatives for MLK. Mr. Barretta explained there is division on this area. One plan calls for preservation and the other looks at retail. 6 Meeting Minutes CRA Workshop Boynton Beach, Florida December 21, 2005 Ms. Bright elaborated staff was looking for consensus from the Board about what their vision was for MLK and Mr. Cohen would come back within 30 days with the type of results the Board is asking. The question was whether to stay with the current HOB plan and when the feasibility study is complete, new decisions can be made based on the data. Mr. Barretta commented they should have all the data ahead of time, this way if the feasibility study comes back and the information on the option the CRA prefers proves too expensive, the CRA won't know the feasibility of the other option. There was discussion that it would be very difficult to make a determination without the data. There was no consensus reached on this node. Mr. Cohen will look at both options and bring back the information. It was noted the retail area is a very small area in the neighborhood. The Woolbright and Federal node area was discussed. Ms. Brooks announced there is a lumber store in process of going in who just finished with their public notice requirements. Mr. Cohen asked if this area is an area where they want pedestrian oriented areas, with active first floor retail, mixed use with some retail and office areas. There was consensus there was. Ms. Bright also announced there are some gas stations going in, which will require some code changes. There was consensus that the gas stations would be urban style. It was noted with proper design guidelines and standards, a gasoline station could be incorporated into the overall development of the area. Ms. Bright indicated there is a time element involved with DCA. Ms. Brooks discussed the inbetween areas. Linear stripping out of retail in- between the nodes was one issue to be decided. Mr. Cohen reminded the Board they are talking about massive retail or potentially large-scale retail at the various nodal areas. He asked the Board for confirmation that development of the retail areas in between would be a matter of right. There was discussion about allowing some flexibility for the inbetween areas and the development should be market driven and not forced. The zoning in the node areas should be mixed use and allowed but not required. Ms. Brooks explained nodes two, three and four gives the developer some flexibility and design guidelines still apply. There was no other business and the workshop adjourned by consensus at 10:38a.rn. Respectfully submitted, Catherine Cherry-Guberman 122705 7 Meeting Minutes eRA Workshop Boynton Beach, Florida December 21, 2005 8 I. Consideration of a Jazz Concert Series BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested eRA Date Final Materials Must be MeetiueODates Turned into eRA Office Requested eRA Meetine Dates 0 July II, 2006 0 August 8, 2006 0 September 12, 2006 0 October 10,2006 0 November 14, 2006 0 November 17,2006 December 12, 2006 III January 10. 2006 o February 14, 2006 o March 14,2006 o April II, 2006 o May 9, 2006 o Jun' 13,2006 NATURE OF AGENDA ITEM . Consent Agenda o Director's Report o Old Business o New Business DATE: 01/06/05 SUBJECT: CRA Sponsored Ocean Avenue Jazz Concert Series Date Final Materials MUllt be Turned into CRAOffi(t. o Legal o Future Agenda Items o Other Item SUMMARY PARAGRAPH: Staff is recommending the development of a "Jazz Series" concert program to take place on Ocean Avenue in front of the Old High School. The intent of this effort is to support the CRA's redevelopment of the Old High School in conjunction with the Children's Schoolhouse Museum and the overall need to encourage economic revitalization through the use of cultural events. RECOMMENDATION: Appropriation of $100,000 to establish the "Jazz Series" and enable staff to work toward securing sponsorships to offset event costs. FISCAL IMPACT: $100,000 ALTERNATIVES: Not approve the Jazz Concert Series CRA Staff . ?~/-~ + J:\Q1-1Q-06-Jazz Concert Series.doc J. FPL 50K BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested eRA Date Final Materials Must be MeetiuODates Turned into eRA Office Requested eRA Meetim! Dates 0 July ll, 2006 0 August 8, 2006 0 September 12, 2006 0 October 10,2006 0 November 14, 2006 0 November 17,2006 December 12,2006 0 Old Business 0 New Business III January 10, 2006 o February 14, 2006 o Marcb 14.2006 o April 11, 2006 o May 9, 2006 o June 13,2006 NATURE OF AGENDA ITEM II Consent Agenda o Director's Report DATE: 01/06/05 SUBJECT: Boynton Beach Boulevard Extension Project Date Final Materials Must be Turned i!!!:2 eRA Ofl'ice o Legal o Future Agenda !terns o Other !tern SUMMARY PARAGRAPH: Burkhardt Construction, CRA Construction Managers, for the Boynton Beach Boulevard has requested the CRA approve an additional $50,000 for additional costs added by Florida Power & Light. CRA Engineering Consultant, Jonathan Ricketts, reports these additional costs were discussed with former director and received verbal approval of the cost overruns due to FPL needs. RECOMMENDATION: Staff recommends approval of $50,000 to cover the additional FPL costs associated with the redevelopment of Boynton Beach Boulevard Extension Project. FISCAL IMPACT: $50,000 ALTERNATIVES: Not approve cr 6i3(fr CRA Staff 1:\01-10-06-888 FPl COSTS.doc From: Jonathan Ricketts To Vivian Brooks Date 1/5/2006 Time: 4:57:34 PM Page 1 of 4 Jonathan 1. Ricketts, Inc Tel: ) 630-6700 Fax: ) 625-2770 FACSIMILE COVER PAGE To: Vivian Brooks Fax # 737 3258 Company Boynton Beach CRA Subject: Restroom Credit Sent: 1/5/2006 at 4:57:34 PM From: Sue Ternet Fax # 561-630-6700 Tel #: 561-625-2770 I Pages 4 (including cover) MESSAGE: Vivian, As discussed previously, Burkhardt Construction has calculated up the credit available for the restroom building to be removed from their contract. The amount of the credit is $293,460,25 with the original cost being $375,000,00. After discussing the work involved todate and the work to be added back to finish up the area left vacant with the buildings removai, we concur with the credit offered. Burkhardt is also requesting an additional $50,000 for costs that FPL added. This work was discussed previously with Doug Hutchinson and is also recommended for approval. I have the originals for these items and will get them to you tomorrow. Jonathan WinFax PRO Cover Page BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEACH Requested eRA Date Final Materials Must be Requested eRA Date Final Materials Must be Turned into Meetinl!Oates Turned Meetim!Dates CRAOffice into eRA Office . January 10, 2006 December 27, 2005 (Noon) D July I ], 2006 June 27, 2006 (Noon) D rebruary 14,2006 January 3 I, 2006 (Noon) D August 8, 2006 July 25, 2006 (Noon) D March 14. 2006 February 28, 2006 (Noon) D September 12,2006 August 29, 2006 (Noon) D April 11,2006 March 28, 2006 (Noon) D OClober 10, 2006 September 26, 2006(J\oon) D May 9, 2006 April 25, 2006 (Noon) D November 14.2006 October 31,2006 (Noon) D June ]3,2006 May 25, 2006 (Noon) D Oecemher 12,2006 November 28. 2006 (Noon) NATURE OF AGENDA ITEM D Consent Agenda D Director's Report D Old Business D New Business . Legal D Future Agenda Items D Other Item DATE: January 5, 2006 SUBJECT SUMMARY PARAGRAPH: The City is seeking a major site plan amendment to Intracoastal Park to construct a 12,800 sq. It community center. in Intracoastal Park. By adding this structure The City is seeking a major site plan modification to the park RECOMMENDATION: Approve the major site plan amendment FISCAL IMPACT: None ALTERNATIVES: Do not approve. CRA STAFF: T:\X.TEMP\Vivians Files\Development Activity\intracoaslal park.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-200 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission ~(yL Michael Rumpf Planning and Zoning Director THRU: FROM: Kathleen Zeitler Planner DATE: November 1, 2005 PROJECT NAME/NO: Intracoastal Park Pavllion/ MSPM 05-013 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: City of Boynton Beach Agent: Mr. David Stump, Project Manager, City Engineering Dept. Location: 2240 North Federal Highway (see Location Map - Exhibit "AU) Existing Land Recreational (R) Use: Existing Zoning: Recreation (REC) Proposed Use: A two-story, 12,800 square foot community center Acreage: 8.88 Acres Adjacent Uses: North: The Harbors townhomes zoned Infill Planned Unit Development (IPUD); South: Water's Edge town homes zoned Multi-Family Residential (R-3); East: Right-of-way of the Intracoastal Waterway and the eastern city limits; and, West: North Federal Highway right-of-way, Florida East Coast Railway right-of-way, and farther north a Veterinarian Office/ Animal Hospital zoned C-2, and East Ridge Condos zoned PUD. PROPERTY OWNER NOTIFICATION All property owners within 400 feet of the subject property were mailed a notice of this request for a major site plan modification and its respective hearing dates per the Applicant who has certified that the required Slaff Report - Intracoastal Park (MSPM 05-013) Memorandum No PZ 05-200 Page 2 signage was posted and notices mailed in accordance with Ordinance No. 04-007. Site Location: The subject property, Intracoastal Park, is located on the east side of North Federal Highway, one block south of Gateway Boulevard along the Intracoastal Waterway (see Location Map - Exhibit "A"). The site is 8.88 acres and is a City-owned and operated public park zoned Recreation (REe). BACKGROUND Intracoastal Park, open daily to the public from sunrise to 9:00 p.m., was developed as a passive park in 2002 (Phase I), and has the following amenities: a Veteran's Memorial and sitting wall overlooking a iake at the entrance, picnic pavilions surrounded by winding walking paths, a large corporate picnic pavilion with brick BBQ grill and attached restrooms, and a traditional children's playground with restrooms nearby. Proposal: Mr. David Stump, Project Manager for the City Public Works Department, and Agent for the City, is requesting a major site plan modification to construct a recreational community center building on the northeast corner of the park site overlooking the Intracoastal Waterway. The proposed two-story building will consist of 7,303 square feet of enclosed area, and 5,497 square feet of covered porch area, for a total of 12,800 square feet under roof. The proposed community center will be utilized for multi-purpose public and private functions, including special events. ANALYSIS Concurrency: Traffic: A traffic statement which indicates a net increase of 167 daily trips for the proposed community center at Intracoastal Park was prepared by Kimley-Horn & Associates, Inc. and sent to the Palm Beach County Traffic Division for concurrency review to ensure an adequate level of service. Based on their review, the Traffic Division determined that the proposed project meets the Traffic Performance Standards (TPS) of Palm Beach County. A condition of their approval is that no building permits for the project are to be issued by the City after the project build-out date of 2007. The County traffic concurrency approval is subject to the Project Aggregation Rules as set forth in the TPS Ordinance. Utilities: Potable water and sanitary sewer / wastewater capacity is currently available to serve this project, subject to the Applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "c" - Conditions of Approval). Fire I Police: These departments have reviewed the site plan and determined that emergency services are available to the proposed project with an appropriate response time. Emergency service proViders expect to be able to utilize their current or anticipated resources to maintain an adequate level of service for the proposed project. Drainage: Conceptual drainage information was prOVided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). Driveways: Intracoastal Park is developed with an existing access drive from North Federal Staff Report - Intracoastal Park (MSPM 05-013) Memorandum No PZ 05-200 Page 3 Parking: Highway. There are no additional points of ingress/egress or modifications to the existing access proposed for this request. A one-way circular drive is proposed as a drop-off area at the entrance of the proposed community center. The drop-off area will be 20 feet in width and located east of the existing roundabout and connect with the existing parking lot. One-way traffic control sign age wili be provided to clearly delineate the direction of circulation. All parking spaces at Intracoastal Park were developed with Phase I and no additional parking is proposed for this request. There are a total of 84 paved parking spaces on site, including four (4) designated for handicapped use. The proposed use of a government-owned and operated recreational community center requires one (1) parking space per 100 square feet of gross floor area. The enclosed gross floor area of the proposed community center is 7,303 square feet, which would require a total of 73 parking spaces. No additional uses are proposed, and existing uses are for passive recreation, with no specified parking requirements. With a total of 84 parking spaces already provided, the park has sufficient paved parking on site to accommodate the proposed community center. A loading area 12 feet in width and 35 feet in length is proposed next to the existing dumpster enclosure. All necessary traffic control signage and pavement markings such as diagonal striping will be provided on site to clearly delineate the loading area. Landscaping: Staff has reviewed the Landscape Plan and determined that it is in compliance with the Landscape Code requirements. The existing park site (Phase I) is already landscaped, therefore oniy the affected area where the building is proposed for Phase II is indicated on the landscape plan. A total of 15 Montgomery Paims (10-12 feet in height) and 3 Sabal Palms (12-14 feet in height) exist where the building is proposed. These 18 palms will be relocated and used for required landscaping. Another Sabal Palm (12-14 feet in height) will be added, for a total of 19 palms (10-14 feet in height) around the proposed building. Proposed shrubs surrounding the building foundation and within the drop-off median include Variegated Pittosporum, Shillings Holly, Cocoplum, Viburnum, Indian Hawthorn, and Fakahatchee grass. All shrubs will be planted tip to tip and will screen outdoor air conditioning equipment. Fifty percent (50%) of site landscape materials must be native species. The landscape plan indicates a total of one hundred percent (100%) of the trees and eighty percent (80%) of the shrubs are native species. Building: Colors: The proposed two-story community center will be constructed to correspond with the other structures on site. The building design includes a 10 foot wrap-around covered porch on each floor, several coiumns, a hip, metal roof which is blue to match other structures on site, and lots of floor to ceiling windows on the Intracoastal side. Features that enhance the proposed building include fiber cement board siding, metal folding window shutters, a second floor porch balcony with aluminum rails, decorative windows on front, and decorative metal louvers between first floor columns. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The elevation plan indicates the following proposed exterior building colors: Building and columns: Cream (Benjamin Moore #2159-60); Trim/ banding, column base, door/ window trim: Amber Waves (Benjamin Moore #2159-40) Staff Report - Intracoaslal Park (MSPM 05-013) Memorandum No PZ 05-200 Page 4 Doors, window frames, railings, fascia, and gutters/ downspouts: Shutters: Roof and decorative louvers: Brilliant White (Benjamin Moore) Country Redwood (Benjamin Moore) Evening Blue (Benjamin Moore #2068-20) The Appiicant has provided color samples of the proposed exterior building colors and is in compliance with Chapter 9, Community Design Plan, of the Land Development Regulations, Section 9.A., which requires buildings, structures and site elements to be in visual harmony with surrounding development. Height: The elevations indicate the proposed two-story structure will have an overall roof height of 42 feet, measured from finished floor elevation to the highest point of the roof. The maximum building height allowed in the REC zoning district is 45 feet. Floor Plan: The proposed floor plans indicate similar layouts for the first floor and second floor. The first floor will consist of a lobby area, two (2) multipurpose assembly rooms without fixed seats, handicap accessible restrooms, offices, pantry, storage, and mechanical rooms. Exterior stairways located under the wrap-around covered porch are proposed on each side of the entrance, as well as an interior elevator off the lobby. The second floor will consist of a lobby area, one large multipurpose assembly room without fixed seats, handicap accessible restrooms, and pantry/ storage areas. A covered balcony with railings wraps around the entire second floor. The proposed building area on the first floor is 3,703 square feet, and 3,600 square feet on the second floor, with a total enclosed building area of 7,303 square feet. The covered porch area which wraps around the first floor is 2,697 square feet, and 2,800 square feet on the second floor balcony, for a total of 5,497 square feet of roofed porch area. The total building size proposed, including enclosed building area and covered porches, is 12,800 square feet. Setbacks: The minimum building setbacks for the REC zoning district are 25 feet for front, rear, and each side. The location for the proposed community center on the plans indicates setbacks are: 745 feet (front), 69 feet and 262 feet (sides) and 55 feet (rear, measured from existing mean high water line) which complies with all REC setback requirements. lighting: Freestanding outdoor lighting poles were installed in Phase I for the park areas, including the parking lot, therefore, the only light fixtures proposed are wall mounted. The plans indicate wall mounted light fixtures will be white to match doors and railings. Signage: Existing signage on site was installed with Phase 1. No new signage is proposed. RECOMMENDATION: Staff has reviewed this request for approval of a major site plan modification and recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions of Approval. The Technical Advisory Review Team (TART) recommends that any deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. MR/kz S:\Planning\Shared\Wp\Project5\lntracoastal Park\MSPM OS.013\Staff Report.doc / i U ~- ... I I 1 in. = 246.3 leel 3 , - I ~ ~ , I I I ~~ , ~ ~//j ~ I ~60t \ I ,---, , L---J r----.- ) '" I i I n[][]Q[J[J[J[JGO SUBJECT PROPERTY , , I uoooooo CJ , Q[]QQQ[]Q CJ CJ I I [J D ~ ~~.~~ ~~~ D ~H! I [J ---- , [J I Cl 88 88 0 DQ DO G~T 1 J , ---. ~ 20TW AVO' '" '~T ~ 1 ~ 'ST ,i I I r ==-J 1 OST ." 1 \ I I Jl I ~ I I I Exhibit "A" - Location Map of Intracoastal Park IL7~ y~ \' ... ,tt!,~ ? ~. .J G. .0 lrii g; r r (f) =< m "tJ > Z EXYIBIT "E " . >> LL, 1t'.4ILROJ'j./) ~, lJS.!!!gHWAY N." -'- .......u. I .....-..., , '.. ~ 1. ~H l!!cl o~i3 ~ I ~ i' '! "'i' ~ m , 0 II ~11~hi ~ " ~ :. 'hi ! d~1 ~":i !~! - I I ~.. " j ~'i li~ 5 !P9' f*1'~ .."" "''''''ill '<I I on ~ ~ ~ ! ! ~~ l. ~ ~j; E; ~ ~ ~~il ~ j II !q~ i!1 ~ " ~ z ,~ ~ o 8 ..i C'l ill a bUn i L -," I ~ j'! ili . I I . ~ Ll I '; S!I 2 ! r ~ I I" . ! i , t IU '~ ~ "" i. f _I CH2MHILL OEo.IIERAL OVERAll SITE PLAN ~""""'_lMT~ OWl KUVAAD cnCLII MIST'AU.lUI.CK,1LOAIDAJ~ MOIOII92 ~ t.c:UOOO1U City of Boynton Beach lntno;:outal Community Plvllillll ~r.t . DAn J.IVJlUON IT .....---...... ~~~~~ DION_-.- n..",,_ all:n::_ A.PVlI"""-"" .... ___1:...-"':'t""",,-,...", __ =.R"_ --..... .......... f" ,.. ill ... .~ fo' '" ~:IE en I II ~ ~ i II Ii! ~ ~ ! Ii H. i J,d ~ c! ! i q! n!~ ~ i ! ! !! ffi . ! !!I ~ ~ I' ~ ~ m m , I 21 I " IIlq PI ~ ! I ' .. ~, 5 g~ i! ; !j " ~ 8 8 S ill ~~ ~~~ i~ . i~ I sd ~ ~ :: I IIS~I~ 1,1 %ll~~ ~ i W: I Ii! , , , i i ! II I I , , , ~ ~ H ~ ~ '~ ~ i !! ~~ ~ ., IJ;' ~I ~ .- ~ g ~fii ~ ~1~\1 Z .- m Gl m z o CH2MHILL ARCHlTECTUF!E FIRST AND SECOND FLOOR PLANS G' ~:!! ~::u '''' -< ." .- o o " "1J ij; Z G' '''' ..m '() '0 z o ." .- o o " "1J ij; Z ~I '2 ~l I! ., > EX~IBIT "B D'~--~~--"---------v-- . ~ ~ fl.T N.T l . ~ ~ II 02 U l ,.. ~ ~ ~ \O'.q City of Boynton Beach lntraooaSl81 Communily Pa,ilion IoInOOM1al ""'" ~O. DAn '-lVll'lOl< IY ~vo 1loya....lI<ecO,f'\oo'\do AI<~'Z.~~ O$GN",,~ o~,.,~ CH~,c__ Al'VD"",~ ., -"""""''''....,'''''.......-_..,.,.......,..0_..........''''"'"'''..............................._....... ..._,~. ~ ~_.. n W. W. I~ , o , m ~.... HHr 6O'.lJ" 6O'.lJ" ONRIIMVI...O.DClRO..E WlSTrAUlIUClI,fLOR..ltMI).CO!l M('O(""l!1lOOOOIm J.CI6OOOIII Qty afBoynlan Beach Intraoo..talCommun;l}'Povllion _.~ ~_.......n.n. ,c==':eo ':"I~ "'OICWRM u~7'.-..-.. APvn.....:: MVP ........"'~-~--......-..._""'--_........_.......""'"--~....._......'" o G' "> lz o UJ j2 "U m "U > Z ...~, . , " \ ~: , \ ~ ' , . , , I ! "I I il I ! . , ! illTI [1l fJ 0 0 01 1i 10 H i 8 + €I ! Ie-- ~r- , , , :0:. i " . i " . c . . , ~ ! !~ ' - 0- 0 p a , < , ~ , I . ! a . . r l , ~ ; I .d , .- - l J ~ ! , 1 ~ I ~ ! ! ! , , Ii I ~ ~q ~ ! , i ! i ! ! I S ! - - ; I 6 If Ii II ~ i ~ ~ II ~ i ~ ~ ! ~ I ~ I I ~ ~ I ~ i ! i ! ! - ro , , , , , , , ~ r- ri , , , ~ , e!- n I-- ii ~~ ~~ ~~ ; ~ l' " ,. ~ ~ ~, ~, ~~ j ~ "' ~~ ~, " l .' f ~, ! a a i~ R~ ~ ii . . i. F i I .~ .1 ~ ~ ! . i , . 0 ~ ~ c , h " , o , i l j , a , ~ ~ n ~r I~ ~ i H CH2MHILL ONEtv.RvAaDClACl..E WESTPAU,fIU.CII,FLOlIDA1:u09 MCOOlftI ~-.oun t.C2tclO'lIU ~=, lANDSCAPE PLAN ".........._..n........'''_"~ EXHIBIT "B" , M . " ~ ~ . ~ w o I I'J c ~ m EX IBIT "B' 0 Ii i IH ~ " f' i~ II .Ii ~ f r r >' ~, " ~ , ~ ! ~. I ! ~ ' ! ~UI~ "~ I "~ ~ 1Ul 1m I Iii ~ '.., 'Ul .., m m r r p ~ m ~ ~ () -< -< I is (5 000 00 m z z i i c r i 0 c '1iHhi I p I' IiJEl8G8 qqll q! I! I qo ~ ! ! ! ! J: I: 11:" I Ii i' ~ lpd I ~ ~ ill !I II Ii !! II ! !I "~ r ' II II , ~ , , , ~i ~ ~i ~! Ii ~ ~d~ r I !~ 00 ! B! 1! 11 ! ~ .~ II j 'z 1 0 "" n ' 1 ~~ ~ ;0 U ' ;0 < . 1 ~~ 'c 1 .., I I m m r r ~ ~ -< -< is is z. z . 2 , , ~ n~ h , to ~ ~ " ,> ~ ". CH2MHILL ON:&tu.ll:YAADCQI,CU WlISTI'AUl.EAOl,PI.OllJD"'J~ MCOOIM:I ..-n I.Oo6OOOIU AACH~CT1JRE CONCEPTUAL EXTERIOR ELEVATIONS City of Boynton Beach Inl1&wulll Community P.vilion __hn NO. IMTl! U"l3/01'< BY vn """'-'FIarido ~=~~~ OIGNMr.~' Dl",-.oos.. OG:n:__ AlYO"",1UIOOtoOO< --"'............... ................~...,- ""'..... ..............,-........-.......--...............-....'" ~--,.~ EXHIBIT "C" Conditions of Approval Project name: Intracoastal Park Pavilion File number: MSPM 05-013 Reference: I" review plans identified as a Maior Site Plan Modification with an October 4. 2005 Planning and Zoning Department date stamp marking. , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at pennit review. 2. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-l6(b)). The existing site contains only one 8-inch spur water main extended from North Federal Highway down to the area of the proposed pavilion. One fire hydrant is located in this building general area. However, one 8-in. water main line alone cannot provide the necessary fire flow required. Pumper truck(s) utilizing the waters of the Lake Worth Lagoon may be an additional alternative. Applicant shall provide a report substantiating this concept (if to be used.) CONDITIONS OF APPROY AL Page 2 Intracoastal Park Pavilion MSPM 05-013 DEPARTMENTS INCLUDE REJECT 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 8. 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. 9. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. I I. As required by LDR, Chapter 4, Section 7, submit a current survey of the X subject property. 12. 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: DEPARTMENTS INCLUDE REJECT 13. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 14. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 15. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 16. Sheets A I 00 and A 10 I indicate enclosed stairs and sheet 20 I shows open X stairs. Please clarity. 17. Sheets A I 00 and A 10 I - Stairway construction shall comply with 200 I X FBC, Chapter 10, including Sections 1006.1.3.2 and 1006.2.4. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: NONE X ] ADDITIONAL CITY COMMISSION COMMENTS: Comments: To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Intracoastal Park Pavilion APPLICANT'S AGENT: Mr. David Stump, City Project Manager APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7, 2006 TYPE OF RELIEF SOUGHT: Request a major site plan modification to construct a two-story recreational community center building of 12,800 square feet under roof on an 8.88 acre parcel zoned REC. LOCATION OF PROPERTY: 2240 North Federal Highway (Intracoastal Park). 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with Ihe terms and conditions of this order. 7. Other DATED: City Clerk S :IPlanningISHARED\WPIPROJECTSllntracoastal Par1<IMSPM 05.013IDO.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested eRA Date Final Materials \-lust be Requested eRA Date Final Materials \'lust be Turned into Meetinl!Dates Turned Meetine:Dates CRAOffice into eRA Office . January] 0,2006 December 27, 2005 (Noon) D July] 1,2006 June 27, 2006 (Noon) D February 14,2006 January 3],2006 (Noon) D August 8, 2006 July 25, 2006 (Noon) D March 14,2006 febru31)' 28, 2006 (Noon) D September 12, 2006 August 29, 2006 (Noon) D April!!,2006 March 28, 2006 (Noon) D October 10,2006 September 26, 2006(Noon) D May 9, 2006 April 25, 2006 (Noon) D November 14.2006 October 31,2006 (Noon) D June] 3,2006 May 25, 2006 (Noon) D December] 2, 2006 November 28,2006 (Noon) NATURE OF AGENDA ITEM D Consent Agenda D Director's Report D Old Business D New Business . Legal D Future Agenda Items D Other Item DATE: January 5, 2006 SUBJECT SUMMARY PARAGRAPH: The applicant is seeking a conditional use/site plan approval and a height exception of 8' in order to construct a day care center at N. E. 11th and Railroad Avenue (HOB) RECOMMENDATION: Applicant was requested do change the style and height of the outdoor Ireestanding lighting poles from commercial to a style more in keeping with the adjacent residential area. Approve conditional use and site plan FISCAL IMPACT: None. ALTERNATIVES: ::o::::::'c~~a ViVian L. Brooks, Planning Director T:\XTEMP\Vivians Files\Devetopment Activity\Little Achievers.doc ~ ~ ~ ) ! .4 ~ ~ r'l ~ o .~ f .~ ~~ ~~ ~ ~ ~ ~~ ~ ~~ ~"@ ~ C\j ~ .8 fi: o O~ ~~~ ~ U~ ~ Q) ~ ~~ ~ ~ 1o\oJ 0 ~ = OtJgOB ,.... ~ ,0 = fV"\ ~ ~ .- S ~ ~~ U ~ F <l "" ~ ::::.iI"':~ a. '" " z o !i' u o ~ . , ~ l ~~ "I " s; , ~ M . Z , " w 3 ~ ~ " " r " ~ " " ~ ~ g ~ ~ ri - . " . '" ~ t w m 0 ~ ~ g ~ I i , . I I . "'i.lV~ !"'!!:~~ ~ ~ ~ w w w It Z Z Z o 0 0 0 ~ a; Q5 Cii a:::::!:!!2!!2 !:2 o \1J :::!: ::e ~ ?( U :::!: :::!i: ~ :::!: 5 8 8 8 ~ Zz ow -" ~li: lr 5~ w ~a ~ li~ " o~ ~ 08: ~ ~2 u c< l ! f l .J , 'l ~ jli .J . 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PZ 05-256 TO: Chair and Members Community Redevelopment Agency Board FROM: Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP C;A~ Planner 0- THRU: DATE: January 5, 2005 PROJECT: Little Achievers Learning Center / COUS 04-007 REQUEST: Conditional Use / New Site Plan approval to construct a 6,097 square-foot day care center PROJECT DESCRIPTION Property Owner: Mr. Stewart Davis Applicant: Mr. Stewart Davis Agent: Mr. Dave Beasley Location: Northwest corner of Northeast 11th Avenue and Railroad Avenue (see Exhibit "Au - Location Map) Existing Land Use/Zoning: Medium Density Residential (MDR) / Single-family and Two-family Residential (R-2) Proposed Land Use/Zoning: No change proposed Proposed Use: 6,097 square foot day care center Acreage: 37,391 square feet (0.8S8-acres) Adjacent Uses: North: Right-of-way for Northwest 1th Avenue, then farther north is a developed residential, classified Medium Density Residential (MDR) land use and zoned Single-family and Two-family Residential (R-2). To the northwest are partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2); Little Achievers - COUS 05-007 Page 2 Memorandum No. PZ 05-256 South: Right-of-way for Northwest 11th Avenue, then farther south is vacant property, classified Medium Density Residential (MDR) and zoned Single family and Two-family Residential (R-2), still further south i5 vacant property, classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). To the southwest are developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2). East: Right-of-way for North Railroad Avenue, then farther east is right-of-way for the Florida East Coast railroad; and West: Partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2). BACKGROUND Mr. Dave Beasley, agent, is seeking conditional use / new site plan approval to construct a 6,097 square foot day care center on a 0.858-acre parcel in the R-2 zoning district. Pursuant to Chapter 2. Zoning, Section 5A, day care businesses, and other selected non-residential uses are conditional uses in the R-2 zoning district. The proposed building (6,097 square feet), storage area (720 square feet), and rear patio and covered entry (120 square feet) would account for 16.3% lot coverage. Although the building is proposed as a one (1)-story structure, a portion of the roof exceeds the 25-foot maximum height limitation of the zoning district. Therefore, approval of the site plan is contingent upon the approval of the accompanying request for height exception (see Exhibit "c" - Conditions of Approval). The Traffic Division of Palm Beach County determined that the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the 2008 build-out date. The planned purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projection of a total of 2,900 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 2,300 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "c" - Conditions of Approval). If approved, the construction of the building as well as all other site improvements would occur in one (1) phase. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny Little Achievers - COUS 05-007 Page 3 Memorandum No. PZ 05-256 conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site plan (sheet S-1) shows that the project would have two driveway openings on Nottheast 11th Avenue. One (1) driveway opening would allow for vehicular ingress and the other would allow for vehicular egress. The easternmost opening, proposed at 22 feet in width, is where vehicles would enter the site. Vehicles would travel notthward towards the building and then loop around to the westernmost driveway at Nottheast 11'h Avenue. This driveway opening (for egress) would be 20 feet in width. Vehicles leaving the site would have the option of both right-turn (west) and left- turn (east) traffic movements. A note on the site plan indicates that white traffic paint and directional arrows proposed on the asphalt parking lot and driveways would help to guide the motorists within the site. The proposed configuration and dimensions of drive aisles and parking areas would allow for on-site access of emergency and service vehicles. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Day care centers require one (1) parking space per 300 square feet of gross floor area, plus adequate provision for a convenient drop-off area. The site plan requires a total of 21 parking spaces based on a 6,097 square foot building. The site plan would provide 21 parking spaces, including one (1) space designated for handicap use. All spaces would be dimensioned nine (9) feet in width by 18 feet in length, except for the handicap space, which would be 12 feet in width with five (5) foot wide striping area by 18 feet in length. The vehicular backup area would be 24 feet in width for those areas where 90-degree parking stalls are proposed and 20 feet where the angled spaces are proposed. State law requires parents and / or authorized persons park their vehicles, escott the child(ren) inside the day care center and sign the daily attendance log. No glare is expected from the development. The child playground area would be located to the rear of the site, notthwest of the building. A six (6)-foot tall C.B.S. wall is proposed along the notth and west property lines. No wall is proposed along the south and east property lines abutting the adjacent rights-of-way. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The subject site is an odd-shaped parcel that does not allow much flexibility in terms of designing for trash removal and large vehicles. The site plan proposes a dumpster enclosure along the east property line. As proposed, its location, orientation, and angle would facilitate the convenient and efficient removal of trash. Trucks would never enter the site; they would access the dumpster enclosure directly from Railroad Avenue. The gates to the enclosure would remain closed to hide the dumpster from vehicles traveling on Railroad Avenue. Staff acknowledges that the proposed design is atypical. However, staff and applicants regularly collaborate to find the optimum waste removal Little Achievers - COUS 05-007 Page 4 Memorandum No. PZ 05-256 solution that would best minimize the view of the dumpster from adjacent properties (from an off- site perspective), facilitate the removal of trash in an efficient manner, while considering the safety of motorists, pedestrians and in this case, small children, during the waste removal process. Due to the on-site circulation restrictions affecting large sanitation equipment and the aSSOCiated backing movements, it was determined the proposed location (along Railroad Avenue) would be the safest and best solution. Staff has required appropriate landscaping to assist in the screening of the dumpster enclosure. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan poliCies and city regulations, all utilities, including potable water and sanitary sewer are available for this project (see ''Background'' section above). S. Screening, buffering and landscaping with reference to type, dimensions, and character. The site plan tabular data indicates over 61% (22,654 square feet) of the subject site would be pervious surface. However, it should be noted that the pervious surface would be divided into tvvo different (2) categories, namely, "mulch playground area" and "remaining landscape area'~ The mulch playground area would be 10,000 square feet and the remaining landscape area would be 12,654 square feet or 33.8% of the total site. No landscape tabular data was indicted on the landscape plan (sheet 5-2). According to Chapter 2, Section 11.C., a minimum buffer width of five (5) feet and a landscape barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family zoning districts. The subject property is not located within a single-family zoning district and therefore, this buffer width is not a requirement. Nonetheless, as part of the conditional use process, staff wants to ensure that the surrounding residential properties are properly buffered from the outdoor playground area. As previously mentioned, the site plan proposes a six (6)-foot tall C.B.S. wall around the north and west property lines, which buffers the playground from any residential properties. The landscape plan proposes clusters of tvvo Silver Buttonwood hedges on the outside of the wall. This would be useful in creating a lower-level buffer. However, no trees are proposed along these property lines. To offset potential impacts, staff recommends creating a landscape barrier along these aforementioned property lines (see Exhibit "c' _ Conditions of Approval). A landscape barrier is defined as a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use. The landscape barrier shall be comprised of the wall and various tree species planted tip-to-tip in tvvo or more staggered rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, B/olly, Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willo~ Sweet Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancewood, Coffee Colubrina, Crabwood, Wild Lime, Willow Bustie, Torchwood, or other tree species found compatible by staff. Landscape buffers adjacent to rights-ot-way should be at least seven (7) feet in width (Chapter 7.s, Article II, Section 5.D.). Although not dimensioned on the site plan, when scaled, it appears that the east and south landscape buffers (adjacent to Railroad Avenue and Northeast 11th Avenue) would be at least seven (7) feet in width. These buffers would contain Foxtail palm trees and a row of Silver Buttonwood hedges. However, staff recommends installing the palm trees in clusters of three (3) and at a spacing of at least one (1) cluster per 20 linear feet in the east and south landscape buffers (see Exhibit "C' - Conditions of Approval). Little Achievers - COUS 05-007 Page 5 Memorandum No. PZ 05-256 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. A monument sign is proposed at the southeast corner of the site_ The site plan shows it would be located within the center of the buffer. According to Chapter 21, Article IV, Section l.B., the sign face may not exceed 32 square feet in area and the structure must be setback 10 feet from all property lines (see Exhibit "C" - Conditions of Approval). The sign elevation (on the attached sheet) shows that the structure would be six (6) feet in height and 10 feet in width. As noted and made as a condition of approval, this sign must be reduced to 32 square feet in area. It would have a yellow background color and white raised stucco banding along its edges. The color of the sign letters is not indicated on the attached sheet but they appear to be green. The elevations do not show any wall signage. No photometric plan was provided with this submittal but would be required at the time of permitting. 7. Required setbacks and other open spaces. The R-2 zoning district requires a front building setback of 25 feet. The site plan shows that the building would be setback 58 feet from the south (front) property line. The R-2 zoning district also requires a side setback of 10 feet, a side corner setback of 25 feet, and a rear setback of 25 feet. The proposed building would be setback 10 feet from the side (west) property line, 35 feet from the side corner (east) property line, and 32 feet from the rear (north) property line. Therefore, the proposed building would meet all setback requirements of the R-2 zoning district and comply with code. As previously mentioned the site would be developed with over 61 % of land area allocated for landscaping / open spaces. The size of the outdoor playground area is regulated by the State of Florida. 8. General compatibility with adjacent property and other property in the zoning district. The Land Development Regulations were recently changed to enhance the buffering between non- residential uses within single-family residential zoning districts. However, those regulations do not apply to this particular parcel because it is located within the R-2 zoning district. In general, with the incorporation of staffs comments related to project buffering, the proposed use would be compatible with the adjacent residentially-zoned property. Furthermore, the building is designed to resemble a single-family detached home. It should be noted that the colored elevations (which will be on display at the public hearings) show that the structure would be adorned with green shutters and decorative window framing. Also, the colored elevations indicate that the building would have green Spanish ''5'' tile roofing material. However, no paint manufacturers name or color codes are indicated on the elevations submitted within this packet. Therefore, the elevation pages shall be revised to include this information at the time of permitting (see Exhibit "e" - Conditions of Approval). Staff understands the building would be painted yellow (Sherwin Williams Optimistic Yellow - SW# 6900) and highlighted with white accents (Sherwin Williams Ceiling Bright White - SW# 7070). However, the yellow color shown on the colored elevations (for the main wall color) does not match the corresponding color swatch. The Sherwin Williams Optimistic Yellow paint swatch, which is proposed as the main wall color, appears little Achievers - COUS 05-007 Page 6 Memorandum No. PZ 05-256 to be a lighter shade of yellow that than the color depicted on the colored elevations_ This lighter shade of yellow is attractive and would be acceptable to staff. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The elevations do not indicate the height dimensions but show that the building would be designed as a one (1) story structure. The maximum allowable building height in the R-2 zoning district is 2S feet. When scaled, the peak of the roof would be less than 2S feet in height, which would comply with code. However; the dimension of the decorative cupolas on top of the roof appear to reach as high as 33 feet in height, which would exceed the maximum allowable height of the R-2 zoning district by eight (8) feet. Decorative cupolas are architectural elements that are eligible to be considered for height exceptions. As such, the applicant submitted a request for an eight (8) foot height exception (HTEX 006-001). Therefore, approval of this site plan would require approval of the corresponding request for height exception (see Exhibit "C' - Conditions of Approval). Staff is recommending approval of the height exception request (see accompanying staff report PZ 06-003). 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant, the economic impact on the neighborhood and the Oty is absolutely positive. The tax base of the City is increased by a property that is a good neighbor to the surrounding areas. According to the City's Occupational License Division, the closest daycare to the subject property is Treasure Chest, located at 101 Northeast 5'" Avenue on the east side of North Seacrest Boulevard. The subject property is located more than 2000 feet away from the Treasure Chest, and thus, complies with the minimum separation distance between daycare businesses. Staff is hopeful that the close proximity between the two (2) daycares would not create a conflict and that the new facility would offer additional convenience to those with children residing the immediate and outlying areas. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments noted within Exhibit "c' - Conditions of Approval, the proposed project would comply with all requirements of applicable sections of City code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein the proposed building and use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. It would be atypical for a business such as this, to violate the City's performance standards. Little Achievers - COUS 05-007 Page 7 Memorandum No. PZ 05-256 RECOMMENDATION Based on the information contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. 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"' ,1-1 EXHBIIT"C" Conditions of Approval Project name: Little Achievers Learning Center File number: caus 04-007 Reference: 20' review plans identified as a with a November 22. 2006 Planning and Zoning Department date stamp marking. , II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: 1. Show all existing utilities on Site Development plan (LOR, Chapter 4, Section 7.A.3). 2. Show proposed site lighting on the site plan and landscape plans (Chapter 4, Section 7.B.4.). Staffrecommends providing the photometrics as part of your TRC olan submittals. 3. Landscaped areas shall be protected from vehicular encroachment by a continuous, raised curb (Chapter 7.5, Article II, Section 5.A. and Chapter 22, Article II, Section E.). 4. Sidewalks adjacent to parking lots shall be continuous through all driveways and shall be 6 in. thick within drivewavs (Chapter 23, Article II, Section Pl. 5. ProvIde an engineer's certification on the Drainage Plan as specified in LOR, Chapter 4, Section 7.F.2. 6. Full drainage plans, including drainage calculations, m accordance with the LOR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. UTILITIES Comments: 7. No utility plan was included in this submittal, therefore this plan IS incomplete as submitted. However, the proposed Site Plan is an existing site located within the Utilities' service area, and is located where utility support is available. We are providing only a cursory review of the proposed site plans as submitted at this time. Additional comments mav be reauired after a COA.doc 01104/06 2 I DEPARTMENTS INCLUDE REJECT utility plan has been submitted. 8. All utility casements shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees, or shrubbery may interfere with utilities. In general. palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and I branches will not impact those utilities within the easement 111 the foreseeable future. The LOR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interferc with utility services, either 111 utility easements or public rights-of~way. 9. Palm Beach County Health Department permits may be required for the water and sewer systems serving thiS project (CODE, Sectton 26-12). 10. Fire flow calculations will be required demonstrat1l1g the City Code requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LOR, Chapter 6, Article IV, SectIOn 16, or the reqUirement imposed by msurance Undef\\Titcrs, whichever is greater (CODE, Section 26-16(b)). 11. The LOR, Chapter 6, Article IV, Section 16 requires that all points on each buIld1l1g be withm 200 feet of an eXisting or proposed fire hydrant. Please demonstrate that the plan meets this conditIOn. 12. Water and sewer lines to be ovmed and operated by the City shall be included within utility easements. Please show all proposed casements on the engineering drawings, using a mInimum width of 12 feet. The easements shall be dedicated via separate 1I1strument to the City as stated in CODE Sec. 26-33(a). 13. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this prolect. 14. Appropriate backflow preventer will be requircd on the domestic \-vater service to the building, and the fire sprinkler line if there is one, in accordance with CODE Sec. 26-207. I FIRE Comments: 15. Indicate the new hydrant locatton on the site plan at the time of permitting. POLICE "- COA.doc 01104106 3 DEPARTMENTS INCLUDE REJECT Comments: None BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to wIthstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time ofnermit annlication. 17. At time of permit review, submit signed and sealed working drawmgs of the nronosed construction. 18. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigatIOn where other sources are readily available. 19. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time ofnermit annlication, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. !CBBCO, Chanter 26, Article 11, Sections 26-34) 21. At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of nermit review. 22. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved bv the Cilv Commission. 23. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the nroiect as it anoears on the Develooment Order must be COA.doc 01/04/06 4 DEPARTMENTS INCLUDE REJECT noted on the building permit application at the time of application submittal. --. I I I -t ----I --~-..I I '1-- 24. Show the proposed site lighting on the slle and landscape plans. (LRD, Chapter 4, Section 7.B.4) If possIble, provide photo metncs as part of your TRC plan submittals. 25. Minimum corridor width shall be 72" per the 2001 FBC. Table 1004 and FFPC, Section 14.2.3.2. _ 26. The facility shall comply with all the requirements of the FFPC, Chapters 7- 10. 27. The occupancv load of all rooms shall be shown per 2001 FBC, Table 1003. --1---1 28. All public and common use toilet rooms shall be handicap accessible per th:: I ' I 2001 FBC, Section 11-4.1.3(11) _ _ ". . --_--+-_J , ~I 29. Indicate the grade levels and ages of the students, the total number of students I' ['I and the number of hours per day and week that the facilitv will operate. j'-' .____:---1 ______1.,.1 30. Drinking fountains are reqUIred per the 2001 FBC, Plumbing, Table 4031 and shall be accessible for handicap use per thc 200 I FBe, Section 11- L J'I 4.1.3(10(A). _ , I -- ----. .-J -.JI Ii II !I ~I ,I -~I I' ,I I' I , PARKS AND RECREATION Comments: 31. At the time of permitting, identIfy the trees that will remain In the child play area. FORESTER/ENVIRONMENTALIST Comments: 32. The Landscape Architect should identify by species and indicate the caliper inches of all of thc existing trees on the site. Show all existing trees on the site to be preserved in place, relocated on site, or removed / replaced on site. All existing trees must be preserved in place or relocated rather than removed if the trees are in good health. These trees should be shown as a separate symbol on the landscape plan sheet. 33. At the time of permitting, submit an irrigation plan designed with low-flow for water conservation purposes. 34. In the design, all shade and palm trees should receIve irrigation from a bubbler source (Chapter 7.5, ArtIcle II Sec. 5.A.). COA.doc 01/04106 5 DEPARTMENTS INCLUDE REJECT 35. Turf areas should be limited in size. Landscape (bedding plants) areas should be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 36. Approval of the building (as proposed) is contingent upon the approval of the accompanying request for height exceptIOn (HTEX 06-001). 37. This project requires conditional use approval. Staff recommends that a period of one (1) vear be allowed to obtam a building permit for this prolect. 38. Submit colored elevations of all four (4) building facades at the Community Redevelopment Board meeting (Chapter 4, Section 7.0.). These elevations will be on displav at the public hearings. 39. All building elevations, including the cabana, should indicate pamt manufacturer's name and color codes (Chapter 4, Section 7.D.). Provide paint swatches for the elevations. Staff recommends using a color schedule. 40. All slgnage IS subject to reVIew and approval of the Community Redevelopment Agency and City Commission. The proposed outdoor freestanding monument sign must be setback a minimum of 10 feet from the property line. The monument sign may not exceed six (6) feet in height or be more than 32 square feet in area (Chapter 21, Article lV, Section I.B.). 41. The landscape buffer adjacent to Northeast 11th Avenue and Railroad Avenue (abutting the proposed parking lot) rights-of-way shall be seven (7) feet in width and conlain two layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. The continuous hedge (2"d layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip-to-tip spacing immediately after planting. This hedge shall be mamtained at four (4) feet (Chapter 7.5, Article 11, Section S.D.). 42. All trees shall be at minimum 12 feet overall height and 3 caliper inches when planted (Chapter 7.5, Article II, Section 5.C.2.). 43. All above ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping / hedge material. Place a note on either the site plan or landscape plan indicating this requirement (Chapter 9, Section 10.CA.): 44. Provide a detail of the six (6) -foot high buffer walls. The wall must be COA.doc 01/04106 6 I DEPARTMENTS INCLUDE REJECT setback at least two (2) feet from the property line (Chapter 2, Section 4.L.). II This setback is to allow for a minimum of two (2) hedge plants placed on the I outside of the wall and spaced every 10 ImeaI feet (Chapter 7.5, Article II, I Section 2.B.3.b). A row of shrubs placed on the outside of the wall would be I acceptable as well. The wall shall be constmcted prior to the issuance of the II certificate of occupancy for the building. Staff recommends that the perimeter wall have decorative caps and columns uniformly spaced. .----1-- I 45. To offset potential impacts, staff recommends creating a landscape barrier I I along the north and west property lines. A landscape barrier is defined as a , near solid element combining eIther a wall and 1 or natural vegetation, whIch , II is intended to block all direct and reasonable views to a given use. In this case, the landscape barrier shall be comprised of the wall and various tree 'I species planted tip-to-tip in two or more staggered rows, and shall include I species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, I I Blolly, Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willow, Swect Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel. Yaupon, Black I I Ironwood, Lancewood, Coffee Colubrina, Crabwood, Wild Lime, Willow . -~~--I ~ Bustic, Torchwood, or other tree species found compatible by staff. 46. Staff recommends installing the FoxtaIl palm trees in clusters of three (3) and each cluster should be s aced a art eve 20 linear feet alon the east and south property lines. ~ I-I p p ry g 47. CRA staff recommends reducmg the height of the freestanding outdoor I I J lighting poles and selecting a design that is more residential than commercial. I I I COMMUNITY REDEVELOPMEl'iT AGENCY COMMENTS: --+------11 i Comments: -II 48. To be determined. I CITY COMMISSION COMMENTS: I Comments: I -I 49. To be determined. - MWRlelJ S \Plann;ng\SliARED\.WP\PKOJECTS\.Ijltlr Acn,evers\COUS 04-007\CO'\ doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Little Achievers Learning Center APPLICANT'S AGENT: Mr. Dave Beasley AGENT'S ADDRESS: 3570 Kitely Avenue Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7, 2006 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of a 6,097 square foot day care facility on a 37,391 square foot parcel in the Single-farnily and Two-family Dwelling (R-2) zoning district. LOCATION OF PROPERTY: Northwest corner of Northeast 111h Avenue and Railroad Avenue (see Exhibit "A"). 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 Redeveloprnent Agency Board, which Board found as follows: OR TH IS MATTER came on to be heard before the City Corn mission 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 testirnony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for Ihe 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.\PlanningISHAREDIWP\PROJECTSlLillle AchieverslCOUS 04-007\00 doc .!'- ~ ~~~] ~ r~~~ ,~~ ~{ ~ ~~ '< '1, Il-<I'-~ ~ ~~ ~ ~~ , II l ~i ., ~ ~~ '" ~ ~ p'J ~: ~ ~ ,,~ 10': ~ h ~~ . ~ ~ ; 0 ~ Ie 11 ~ ~ Ii: ~ ' - ~ " ~ ~ ~ ! ~ : ~i 0~~ i ~ ~. ~ ~ i ~ ~ ~~ ~~i ~ --=---- ;.,~..;,~~ :::::::-=--- ~~ ~ _ ~ ';;~~ !b "'~~ "'O:I~'"~ ~ ; _ ~ .r"~~ ~,>I.! 1>,:'" ""i'i~:; "",~~i ~gl>;i~~ ~~~ ~~'~ ...~!!ll'l""~ "'f' c: !:l ~,. ~""' ~ ,c. ~;~ii~ ~!ii~ ~b~;i ;~~ Ji~ =~~~~~ ~i-:':-i5 :;'.f2~~~~ e~~ ~~~ 1'~~:\I"'~ _ !~-~;iii '''~~iF'~~ 'J"'> ~.~! ;~';;~i~ ~ ~ l'I~ill>;~ .., ;R"",;i", ~ 'l:'gt ~~) "., ; , ...g' ! 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PZ 06-003 Chairman and Members Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP f~ Planner !J January 4, 2006 Littie Achievers / HTEX 06-001 Height Exception of Eight (8) feet Property Owner: Applicant: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Mr. Stewart Davis Mr. Stewart Davis Northwest corner of Northeast 11th Avenue and Railroad Avenue (see Exhibit "Au - Location Map) Medium Density Residential (MDR) Single-famiiy and Two-family Residential (R-2) 6,097 square foot day care center 37,391 square feet (0.8S8-acres) Right-of-way for Northwest 1th Avenue, then farther north is a developed residentiai, classified Medium Density Residentiai (MDR) land use and zoned Single-family and Two-family Residential (R-2). To the northwest are partiaily developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two- family Residential (R-2); Right-of-way for Northwest 11th Avenue, then farther south is vacant property, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2), still further south is vacant property, classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). To the southwest are developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2); Right-of-way for North Railroad Avenue, then farther east is right-of- Page 2 Memorandum No. PZ 06-003 way for the Florida East Coast railroad; and West: Partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2). BACKGROUND The applicant submitted a request for conditional use / new site plan (COUS 04-007) approval for the construction of a 6,097 square foot day care center. Approval of the site plan is contingent upon the approval of this request for height exception. This application represents the applicant's request for an eight (8)-foot height exception. The maximum building height in the R-2 zoning district is 25 feet and the building cannot exceed two (2) stories. It should be noted that the single-family homes built within the R- 2 zoning district may be constructed up to 30 feet in height. The proposed daycare facility would be one (1) story tall and less than 25 feet in height, and therefore, would meet district's height limitation. However, the decorative cupolas proposed on top of the building would exceed 25 feet in height and therefore, would require the approval of a height exception. ANALYSIS Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the standard citywide maximum building height is 45 feet. However, as previously mentioned, the R-2 zoning district limits single-family dwellings to 30 feet in height and multiple-family dwellings to 25 feet. The subject property lies within the R-2 zoning district and therefore, the maximum height of the proposed non-residentiai use would be limited to 25 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The building as shown on the elevations (see Exhibit "B") is not dimensioned but when scaled, appears to be less than 25 feet in height. Therefore, the proposed building complies with the maximum allowable building height in the R-2 zoning district. However, according to the applicant, the peak of the pitched roof (of the decorative cupolas) would be 33 feet in height and therefore, would require a height exception of eight (8) feet. Typically, roofs and parapet walls that conceal electrical and mechanical support systems are eligible to be considered for height exceptions. Likewise, decorative cupolas are structures eligible for height exceptions. In considering an application for exception to the district height regulations, the City Commission shall make findings indicating that the proposed exception has been studied and considered in relation to specific standards. One of these standards is measuring the effect or perceived impact, if any, that structure would have on neighboring properties. The exception would not have an adverse effect on the existing and proposed land uses. When evaluating potential negative impacts, among other criteria, staff is concerned with the distance separation between the structures (that require the height exception) to the nearest residential dwelling unit. The closest house to the subject property is the abutting property to the west. The site plan shows that the daycare building would be at least 10 feet from the west property line. Although the elevation pages do not indicate building dimensions, when scaled, it appears that the closest cupola would be setback approximately 36 feet from the western edge of the roof, which when translated, equals over 46 feet from the west property line. Page 3 Memorandum No. PZ 06-003 Therefore, the decorative cupolas would not negatively impact adjacent properties in terms of reducing light or air. The applicant states that, "the bell towers requested are of sufficient distance from any surrounding buildings as to not adversely affect light or air qualities in any way". Staff concurs. The height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. The applicant states, "the area of the bell towers is a very small portion of the entire roof involved". The roof area for each cupola is 64 square feet and when combined, would amount to a total of 128 square feet or 2% of the entire roof. The decorative cupolas would serve no other purpose aside from aesthetic value and appeal. The building could function without the cupolas; however, the roof would be ordinary, and omission of the cupolas would be detrimental to the building's overall design. The applicant states that "this exception is necessary as a design element to portray the illusion of a bell tower as would appear on a schoolhouse". Granting of this height exception does not constitute a special priviiege to the current property owner. Therefore, staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. of the Land Development Regulations. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of eight (8) feet be approved for the decorative cupolas. The elevations shall be revised to indicate building height and dimensions. No other conditions of approval are recommended; however, any conditions of approval recommended by the Board or by the City Commission will be placed in Exhibit "c" - Conditions of Approval accordingly. S:\Planning\SHARED\WP\PROJECTS\Little Achievers\HTEX 06-001 \Staff Report.doc LUl;A IIUN MAt-' Little Achievers Exhibit "A" . 200 100 0 , 200 400 600 BOO , Feet N + I If ~I ~ Ii1 ! .- [l1 ( ~ () L ,- -". ". · ill ~ f. 0 r~ f ~.f 1 ~ t ~ ~ flq L~ , " .:. i ~ ~ h~ . q i f i ~ ~ ~ t F {; t ~ i ! < 8 ~ ~ ll! ~~A - J~" ~ 'I ~I::::I II II, i I "'L"...n.. Dave ....tey -- ~,="lN:;," ~: tillJP, vI" 1 I If > tJ rH!. m ~ ,. III _1 ~ r iq ~ ~ ~ , . ~ I ~ ~ 1 "l I1ll~ L~ go !.~ .. ~ .; 6- ~ "" . I ' . . . I . . I -.."' Ii' " . " EXHIBIT B lmi I mool L1'T"!"'l-e ,AC+-lIE~~ ~lN~~ - !.>f' i ~ i ~ ( ~ V l ~ "" i lID E ffiE:E I IV! o~ H-nttl III! 1,,'1 ~ ~: 3 n~ H~ . . , '- " 'iI t ~ j ~ , ~ f ~ t ~ , . I !\l ~ii>~ t~ IF o ~ ~'-O!~ ~ "! , J i {I lINll''''''7'O D~.::!.'Y ::,:;.'1::...,...:-..... ,- f1\ ( ~ !.!' . R ~ rn , ,- ~ m l ~ EXHIBIT B \ ~ n]TTl-: I , I .- ~'f6:t ~ ~ ~ ~ c 1 , ~ " > [ , lr ~ t 0 ~. or I' E, ~ ~ ~; ~ f '" i' . , " / / L1'rl'L1! A.c...-\le-..Ji?rz..~ L;;-.o.2..N\Nc.. ~rz.. EXHIBIT "C" Conditions of Approval Project name: File number: R ~ Little Achievers HTEX 06-001 El dr h N b 22 2006 d kin e erence: evatlOll aWlllQS Wit a ovem er ate stamo mar ill:!. ! DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: None UTILITIES Comments: None I FIRE I Comments: None I Comments: None POLICE I ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None . I PARKS AND RECREATION Comments: None I Comments: None FORESTER/ENVIRONMENTALIST PLANNING AND ZONING Comments: 1. At the time of permitting, the elevation drawings shall indicate building dimensions and height. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 2. To he determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be detennined. Sl/'larming\SHAREDlW)'I/'ROJECTSlLilll. Achievrn;\HTEX 06-001\COA doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Little Achievers Learning Center APPLICANT'S AGENT: Mr. Dave Beasley AGENT'S ADDRESS: 3570 Kitely Avenue Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7, 2006 TYPE OF RELIEF SOUGHT: Request for Height Exception approval of eight (8) feet to allow the decorative cupolas on the roof of a one (1 )-story building at a height of 33 feet in the Single-family and Two-family Dwelling (R-2) zoning district. LOCATION OF PROPERTY: Northwest corner of Northeast 11'h Avenue and Railroad Avenue (see Exhibit "A"). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the Cily 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 TH IS 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 lake effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the lerms and conditions of this order. 7. Other DATED: City Clerk SIPlanning\SHAREDIWPIPROJECTSILinle Achievcrs'"HTEX 06-001'J)O doc Qr ".. ft . .,~. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM .' ~-...... "If':.. Requested eRA Date Final Materials Must be Requested eRA Date Final Materials Must be Turned into Meetin!! Dates Turned Meetiot! Dates eRA Office into eRA Office . January 10,2006 December 27,2005 (Noon.) D July II, 2006 June 27, 2006 (Noon) D February 14,2006 January 31, 2006 (Noon) D August 8, 2006 July 25, 2006 (Noon) D March 14,2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon) D April] ],2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon) 0 May 9, 2006 April 25, 2006 (Noon) . November 14,2006 October 31, 2006 (Noon) 0 June 13, 2006 May 25, 2006 (Noon) . December 12, 2006 November 28,2006 (Noon) NA TURE OF AGENDA ITEM o Consent Agenda D Director's Report o Old Business D New Business . Legal o Future Agenda Items D Other Item DATE: January 5, 2006 SUBJECT SUMMARY PARAGRAPH: The applicant is seeking a site plan time extension for the Edwards Medical Office project located at 3908 S Federal Highway. If granted, the site plan would be extended to November 16, 2006. RECOMMENDATION: Approve the site plan time extension. FISCAL IMPACT: None ALTERNATIVES: Do not approve. Y b CRASTAFF: ~~ ViVian L Brooks, Pia Ing Director T:\XTEMP\Vivians Files\Oevelopment Activity\Edwardssite plan time extension.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-220 TO: Chair and Members Community Redevel3Rment Agency Board ~(lJl0 Michael Rumpf Director of Planning and Zoning THRU: FROM: Kathleen Zeitler kZ--> Planner DATE: December 30, 2005 PROJECT: Edward Medical Office / SPTE 06-001 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Hany Edward Applicant / Agent: Hany Edward Location: 3908 South Federal Highway (see Exhibit "AU) Existing Land Use/ Zoning: Local Retail Commercial (LRC)/ Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 11,796 square foot medical office building Acreage: O.72-acre (31,702 square feet) Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); South: Developed commercial property classified as Palm Beach County Commercial High / Medium Residential MR-5 (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 Infill Planned Unit Development (IPUD); and 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). Page 2 Edward Medical Office SPTE 06-001 Memorandum No. PZ 05-220 BACKGROUND Mr. Hany Edward is requesting a one (l)-year time extension for The Edward Medical Office Building Site Plan Development Order (NWSP 04-012) which was approved by the City Commission on November 16, 2004. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extension were approved, the expiration date of this site plan would be extended to November 16, 2006. According to the original site plan staff report, the proposed Edward Medical Office Building will consist of a two story structure of 11,796 square feet with under-story parking on a 0.72 acre lot which is zoned C-3 (Community Commercial). The project has been approved for the following: annexation from unincorporated Palm Beach County (ANEX 04-004), a land use amendment (LUAR 04-008) from CHIS Commercial High Intensity (Palm Beach County) to Local Retail Commercial (LRC), a rezoning (LUAR 04-008) from CG General Commercial (Palm Beach County) to Community Commercial (C-3), and a Site Plan (NWSP 04-012). The construction of the building, parking lot, and all other site improvements will occur within one (1) phase. ANALYSIS According to Chapter 4, Section S of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 19, 2005, which is 28 days before the expiration date of the site plan approval. According to the time extension application, Mr. Edward indicates that he has "been trying to obtain a construction loan from a financial institution for the last 8 months, but each bank requested that he sell or lease several units prior to obtaining the construction loan". While it may be true that the applicant experienced delays caused by private matters in construction financing, the onus is stili on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the applicant is attempting to complete the project. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the proposed medical office project. Based on their review, the proposed project does not constitute a 1% LOS D Capacity impact on Federal Highway, and therefore meets the Traffic Performance Standards of Palm Beach County. Traffic concurrency was approved with a build-out date of 2005 and no building permits are to be issued by the City for this project after the 2005 build-out date. Since the applicant will not obtain building permits for this project by the end of 2005, a revised traffic study will be required for approval by the County (see Exhibit "C" - Conditions of Approval). As for utilities, records indicate the utility reservation has not yet been paid, therefore the related condition of approval stili stands. The site plan time extension is still subject to the 40 conditions of site plan approval (see Exhibit "C" - Conditions of Approval). Lastly, only one new land development regulation has been adopted against which the project should be reviewed and modified. On August 2, 2005, the City Commission passed Ordinance 05-029, entitled "The Urban Commercial District Overlay Zone", which amended the setback regulations for commercially zoned properties within established redevelopment plans. This particular parcel lies within the Federal Highway Page 3 Edward Medical Office SPTE 06-001 Memorandum No. PZ 05-220 Corridor Community Redevelopment Plan. This project was designed following established setbacks within the Community Commercial (C-3) zoning district, which requires a minimum 20 foot front setback, and a setback of approximately 29 feet was provided. The Overlay now establishes a build-to line rather than a minimum setback. This build-to line is from 5 feet to 15 feet for the front yard. No other yard setbacks are affected by the overlay provisions. The objective of the Overiay is to encourage commercially zoned parcels to be developed in a manner consistent with the pattern of mixed-use projects, while improving the aesthetic and pedestrian streetscape environment. A review of approved and proposed residential projects (PUD or IPUD) in the immediate vicinity depicts setbacks from Federal Highway between 10 and 20 feet. The oniy other recently approved non- residential project in the immediate vicinity (2 parcels to the south), Victoria's Closet, which was approved in 2002, has an 85 foot setback from Federal Highway. Staff recommends that no change be made to the existing approved site plan, subject of this time extension request. This position is based upon the following characteristics: (1) the site plan was previously approved with design characteristics to represent an enhancement to the area; (2) the portion of the building that could potentially be brought closer to Federal Highway is the side of the building and, combined with it's narrow width, the project may contribute minimally to the streetscape if moved eastward 15 feet; (3) the fountains at the entry drive may be jeopardized by moving the building forward, and (4) the landscaping between the building and roadway would be reduced. RECOMMENDATION Staff recommends that this request for a one (I)-year time extension of the site plan (NWSP 04-012) be approved, subject to the conditions of approval listed in Exhibit "c" - Conditions of Approval. If this request for extension were approved, the expiration date of this site plan would be extended to November 16, 2006. As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the approved site plan. If this request for site pian time extension is approved, all conditions of approvai from the original site pian must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\SPTE 06-001 \Staff Report.doc EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A . "' ': .. Cl If III CHIS LRC LEGEND 20 <0 ...... City Boundary Land uses: LRC a Local Retail Commercial HDR - High Density Residential SHDR - Special High Density Residential MR-5 - Medium Residential (county) CHIS - Commercial High, w/underlylng MR-5 (county) - - CHIS " HDR SHDR "" ) "1-W.' EXHIBIT "8" ~!I! 1111 :~!j' I!PI .m.. .,1'1 lid ~III' II 'II! m I; . I I I I I... I If i : !II , " I r- fJ iji: I!:I :I . . . I i iI z 0 0 l> , . , ! II ~ . ,~ . . . j. ' in "" . hi I . ..../',,:-;-..... -0. j HI 11111'111; II 'hI III ~ . ~ ~ . illl fin P- IV II iil~ il~5 I ! I. Ilfl I I II I ! I 11ll! I' 1'/lUII I ~;i j!i I III .; I I ,I I I I:'i ;i; I "I I I I i ,. II I I '-lIl1ll " r! irrrr' n J J u' .......... ~I III 1/11'i r ---- ~ace. Iii ' ,n. I .. ~ =r\'IlW:'1L.*"t" J n-' . .....y~1IIoClIIIIM. II' <3 D'~ .. ~n . ~'" -I II 0 ~! irrrrl'! III . ~) !lj!!iP~ "--E~~ ~['-lll '" "'_~"~ Irll I. -- ~. i ~I r AMU~~ r ..._~~.. I . II ,i I I '" o . . 00 , GG8 ~~w .; B;I B;~ _I ~ ~R ~ . ~'~ In ~~~ ill ~ o o o o r-II - EXHIBIT "e" Conditions of Approval Project name: Edward Medical Office File number: SPTE 06-001 Reference: I DEPARTMENTS I INCLUDE I REJECTj' 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: l. If no City building permits have been issued for the Edward Medical Office X project by the end of 2005 (proiect build-out date for traffic concurrency ConditIOns of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I approval), the applicant will be required, at the time of permitting, to submit an updated traffic concurrency approval from the Palm Beach County Traffic Division. 2. The time extension is subject to the original Conditions of Aoproval. X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SI-IARED\WP\PROJECTS\Edward Medical Offtce\SPTE 06-001 \COA for SPTE_doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Edward Medical Office APPLICANT'S AGENT: Hany Edward APPLICANT'S ADDRESS: 2657 NW 29th Avenue, Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7,2006 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 04-012) to November 16, 2006 LOCATION OF PROPERTY: 3908 South Federal Highway (west side of South Federal Highway, approximately 3S0 feet south of intersection with Old Dixie Highway) DRAWING(S): SEE EXHIBIT "B" ATIACHED 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the dale 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 lerms and conditions of this order. 7. Other DATED: City Clerk J :\SHRDA T A \Planning\SHARED\ WP\FORMS\Blanks forms folder\Develop.Order Form-200 1 ~Revjsed .doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested eRA Date Final Materials Must be Meetin2'ODates Turned into eRA. Office III January to, 2006 D February 14, 2006 D March 14,2006 D April t 1,2006 D May 9, 2006 D June 13, 2006 NATURE OF AGENDA ITEM o Consent Agenda o Director's Report DATE: 01/06/05 SUBJECT: Requested eRA MedinI!' Dates D July I I, 2006 D August 8, 2006 D September 12,2006 D October 10, 2006 0 November 14, 2006 0 November 17, 2006 December 12, 2006 III Old Business D New Business CRA Executive Director Position Date Final Materials Must be Turned into eRA ornce - o Legal D Future Agenda Items D Other Item SUMMARY PARAGRAPH: On October 11, 2005, the CRA's former director resigned from the agency and at the time the CRA Board appointed then Assistant Director, Lisa Bright, as Interim Director to lead the agency through transition, Subsequently, at the CRA Board Meeting of December 15, 2005, the CRA Board requested Ms, Bright to place this item for board review at the CRA Board Meeting in January, RECOMMENDATION: Make a determination of the necessity for a Request for Qualifications for the position of Executive Director. FISCAL IMPACT: None ALTERNATIVES: Maintain agency administration at status quo cf ~gw- eRA Staff 1:\01-10-06-CRA ED Position. doc VIII. OLD BUSINESS - B. CONSIDERATION OF THE REMOVAL OF THE PROMENADE BA THROOM FACILITY BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested eRA Date Final Materials Must ~ Meetinl!'ODates Turned into eRA Office III January 10, 2006 D Febmary 14, 2006 o March 14,2006 o April 11, 2006 D May 9, 2006 o June 13,2006 NATURE OF AGENDA ITEM o Consent Agenda o Director's Report DATE: 01/06/05 SUBJECT: Requested eRA Meetiol!' Dates D July II, 2006 D August 8, 2006 D September 12,2006 D October 10, 2006 0 November 14,2006 0 November 17,2006 December 12, 2006 . Old Business D New Business Date Final Materials Must be Turned.i..!:!!Q eRA Office D Legal D Future Agenda Items D Other Item Boynton Beach Promenade Bathroom Facility SUMMARY PARAGRAPH: It was brought to CRA Staff attention in December that the BB Promenade Bathroom Facility had logistics problems with location along with the need for a final site plan review at the City, This timeline change would not only require project delays but also cost overruns, Staff requested CRA Consultants provide a financial analysis of the cost savings of NOT building a public restroom facility in the middle of the promenade, RECOMMENDATION: Staff recommends the board consider not building a public restroom facility in the middle of the Boynton Beach Boulevard Promenade, (Staff suggests the renovation of the building at the end of the Two Georges Marina would serve as a public restroom facility) FISCAL IMPACT: A savings of $243,460 ALTERNATIVES: Continue with the construction of the facility, ,-;} (); <;,( )1- C Staff v 1:\01-10-06-888 Bathroom Facility.doc From: Jonathan Ricketts To: Vivian Brooks Date: 1/5/2006 Time: 4:57:34 PM Page 2 of 4 01/05/2066 11:42 5616591402 BURKHARDT CDNST. INC PAGE 68 EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO. 10 TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE.. SUITE #20 WEST PALM BEACH. FL 33401 CONTRACT NO. BaS 2003-1 DATE: 1/5/2006 BOYNTON BEACH BLVD, EXTENSION, PROJECT NAME: PROMENADE AND RIVERWALK PROJECT PROJECT NO. BBB 2003-1 Under our AGREEMENT dated June 26. 2003. .....***.****.**.*...**..****.**.~*.*~**.***.~.*...**~.~...****k******..**~~.**...**.*..*ww"** You hereby are authorized and directed to make the following change(s) in accordance wijh tenns and conditions of the AGREEMENT: For the Deductive Sum of: TWO HUNDRED FORTY THREE Tl-JOUSAND FOUR HUNDRED SIXTY DOLlARS AND 25/100 $243,460.25 Original Agreement Amount $115,800 $9,633,534.07 -$243,460.25 $9,505,873.82 Sum of Previous Work Authorizations This Work Authorization (Deduct) Present Agreement Amount The time for completion shall be (increased) by zero calendar days due to this Work Authorization, Accordingly, the Owner shall issue a Notice To Proceed after the Contractor has secured all of the permits required for this work. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. 4 From: Jonathan Ricketts To: Vivian Brooks Date 1/5f2006 Time: 4:57:34 PM Page 3 of 4 81/05/2805 11:42 5515591402 BURKHARDT CONST. INC PAGE 09 The adjustment. if any. to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for Impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Work Authorization. Provide written confinnation from the bonding cOmpanyl agent (attomey-in-fllct) that the amount of the Perfonnance and Payment bonds have been adjusted to 100% of the new contract amount. By: ~oo , .~~ actor ~ Accepted: By: Owner 5 From: Jona~han Ricketts ""'0: Vivian Brooks Date: 1/5f2Q06 Time: 4:57:34 PM Page40f4 81/85/2BB6 11:42 5616591482 BURKHARDT CONST. INC PAGE 1 B WORK AUTHORIZATION #10 (CITY OF BOYNTON BEACH) Updated thTOugh January OS, 2006 From: ell1"kttllr~ Conatructlon. Inc. 1400 A1.bamlil Ave. _20 Weel Palm Beach, F1.. 33401 Aft Dennll E. Haynes ToI: ('61) est-1.00 Fax; (581) 65g~14"2 Tu: Boynton BIliIcl'l Communltv Redevllopmen! AgGncy 639 EI!lS( Ocellln Ave., Slite:l103 Boynton Be.oh, Fl. 33435 Alt Llso Br1gh. Ol_or 'Tel: 1'31 - 3288 Fax: 737 - 32~e project; C.RA projeot' 2003--1 Engine., ~Iey - Hem And A$&oclBtl!~, If\(;. !I100 N.W. aJrd Ave ~l- Lauderdale, FL. 33309 PI4""$; Sheets 1.0,2.0. 3.0 Il'Id 4.0 datad Osaf1!f04, 1,1 dBted 12/14104, 5.0 deted OOJ17f0.4. 9.1. 6.2. 7.1. 7,;l, 7.3, 8.1. 82. ~M. 10.1. and 10.2811 dated OBa71O" 8nd utility layout p1i!1n numbered 0.0 daleCl10~. Item D..enptlon Re8troom ".Clltty ~troom Fiiildllty Credit QUllntlty Unit Prtce 1 LS 1$293""025) Am"l.mt "'2~,4GO. 25 Ftarlehlse utln~ Addltlon.1 FP&L Fee For SWltd1geer 1 LS $ 50,000.00 S50,OGO.OO To~1 Contn\et Val.... --$~43.4eO.;25 6 Bright, Lisa From: }nt: .0: Subject: Brooks, Vivian Friday, December 09, 20054:41 PM Bright, Lisa FW: BBCRA Restrooms/Storage Bldg. -----Original Message----- From: Livergood, Jeffrey To: Kelley, David; Logan, Laurinda Cc: 'jricketts@jtrinc.com'; Breese, Ed; Mazzella, Pete: Rumpf, Michael; Boaten9, Kofi; Brooks, Vivian Sent: 12/9/2005 1:26 PM Subject: RE: BBCRA Restrooms/Storage Bldg. Laurinda, I don't disagree with Dave. I have expressed similar concerns to Jonathan Ricketts and Pete Mazzella. However, the official position with respect to the proximity of the building to the sanitary sewer shall come from Utilities and not Engineering. I suggest you reference our technical concerns in your review with deferral for final comment and/or approval to Utilities. If you have any other concerns ,related to Public Works / Engineering, then comment accordingly. There are potential mitigation solutions that one can consider. They are as follows: 1. Sheet piling between the building and utility lines. This would allow for future excavation with minimized concern for structure foundation damage. The building could be placed on piling. 3. We could, of course, proceed with no protective measures. In this scenario, we are gambling that we won't have to excavate the sewer lines in the near future and we would be willing to lose the building in the event of excavation. I do not prefer this op:ion. Jeff Jeff Jeffrey R. Livergood, P.E. Director of Public Works City of Boynton Beach ----~Original Message--~-- From: Kelley, David Sent: Friday, December 09, 2005 1,01 PM To: Logan, Laurinda Cc: 'jricketts@jtrinc.com'; Brooks, Vincent; Breese, Ed; Mazzella, Pete; Rumpf, Michael; Livergood, Jeffrey Subject: RE: BBCRA Restrooms/Storage Bldg. Laurinda: ~his Division supports not allowing the proposed restroom facility not ing forward in its proposed location. The sanitary sewer shown on the .~rth side of the facility is a 3D-inch VCP sanitary sewer (some 17 feet deep) that enters L.S. #356 carrying some 2.65 MGD of sewage per day. The main carries approx. one-half of the city's sewage flow (all lying 1 east of 1-95). Adjacent to it (on the south side) is a 20-inch force main exiting the L.S. heading westward to NE 6th Court. If any of these utility lines -ere to have a problem, the city would have to open up a trench some 35 I 40 feet in width just to reach the sanitary sewer for repairs, or would be well into the restroon facility to reach the force main for repairs. Therefore, this Division will oppose any location of the eRA restroom facility this close to a major-major sewage lift station facility operating on a 24/7 basis (w/3 - 200 HP pumps contained and operating within) . If you need any further information regarding this Division's opposition, please contact me at x6988 (new ext. #). H. David Kelley, Jr., PE/PSM City Engineer Public Works Dept./Engr'ng. Div. -~---Original Message----- From: Logan, Laurinda Sent: Thursday, December 08, 2005 2:33 PM To: 'rumpfm@ci.boynton-beach.fl.uss' Cc: 'jricketts@jtrinc.com'i Brooks, Vincenti Breese, Edi Mazzella, Pete; Kelley, David Subject: BBCRA Restrooms/Storage Bldg. Mike, T've spoken with Pete several times this week regarding this matter. le plan that was submitted most recently does not meet with the ~equirements previously set out by the Utilities Department for separation between the proposed building and adjacent force and gravity mains within the Lift Station compound. This separation has to be measured from the mains to the closest point on the proposed building, in this case the roof overhang. The proposed plan indicates just over 6-ft. separation between the force main and roof overhang. The Utilities Dept. requires a minimum of lO-ft. to allow for equipment operation. Additionally the plan shows the chain link fence along the south side of the lift station compound as being removed. It does not indicate it being replaced or what it would be replaced with. This fence would then be even closer to the force main than the roof overhang. Replacing the chain link fence with a masonary wall is not acceptable (even if it would be more aesthetically pleasing.) I hope this clarifies some of the issues. not proceed with this work until such time acceptable to the City Utilities Dept. The CRA and contractor should as a plan is provided that is Please let me know if you have questions or need additional information. I expect (hope) that I will be returning to my office later next week. In the meantime I can be reached bye-mail or on my mobile phone (436-0115.) Laurinda Logan Senior Engineer Dublic Works/Engineering ~1-742-6982 (Please note new number) .61-742-6285 (fax) 2 IX. NEW BUSINESS - A. CONSIDERATION OF AN ASSEMBLAGE REQUEST FOR THREE COMMERCIAL PROPERTIES IN THE FIRST FINANCIAL PLAZA d~L BA~ tipl! L~ January 10, 2006 Ms. Lisa A. Bright Interim Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 103 Boynton Beach, FL 33435 RE: Ocean One First Financial Assemblage Dear Lisa: As a follow up to my letter of January 5, 2006, I respectfully request that Suite 101 be added to our earlier request that the Community Redevelopment Agency formally request that the City Commission authorize the use of eminent domain. Accordingly, our request will now be for suites 101, 102, 104 and 209 in First Financial Plaza. Our efforts to obtain a contract for Suite 101 were identical to those employed in attempting to obtain the other three units for which our previous request is now pending before your Agency. Our efforts with respect to Suite 101 actually led to the execution of a written agreement by both buyer and seller whereby we agreed we would acquire the unit at an above-market price and provide additional incentives similar to those listed in my earlier letter. The agreement that was executed set out the major business points and called for both parties to execute a Supplemental Agreement at a later time that would establish the "boiler-plate" provisions ofthe Contract, e.g. escrow agent duties, reps and warranties, title provisions, etc... When we made our initial request to the CRA on January 5, 2006, all 31 of the other unit owners had signed the original agreement an;! the supplement, and we had been led to believe that signed supplement for Suite 101 would be forthcoming. Since that time, through various written and verbal communications, the unit owner for Suite 101 has sought to use the requested execution of the Supplemental Agreement as an opportunity to extract additional concessions. 639 East Ocean Avenue Suite 406 I Boynton Beach, FL 33435 P 561.732,1000 F 561.732.1155 w'WW.marinusrealestate.com The original agreement signed by Unit 101 and all 31 of the other fully executed contracts are available for inspection by the CRA or the City as provided in my earlier letter. We have spent nearly a year obtaining these contracts and preparing Ocean One to move forward. Consequently, we respectfully request that Unit 101 be included on our request along with units 102, 104 and 209. We thank you for your consideration. Sincerely yours, One Boynton, LLC Marinus Real Estate Company, LLC Cc: Bert Oliver Charles Siemon BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested eRA Date Final Materials Must be Meetio2'ODates Turned into eRA Office . January 10, 2006 D February 14, 2006 D March t4, 2006 D April II, 2006 D May 9, 2006 D June 13,2006 NATURE OF AGENDA ITEM o Consent Agenda o Director's Report DATE: 01/06/05 SUBJECT: Requested eRA Medint! Dates D July 11,2006 D August 8, 2006 D September 12,2006 0 October 10, 2006 0 November 14, 2006 0 November 17,2006 December 12,2006 D Old Business III New Business Date Final Materials Must m Turned into eRA Office D Legal D Future Agenda Items o Other Item Ocean One Project Request for Assistance on Assemblage of First Financial Plaza Remaining 3 Properties SUMMARY PARAGRAPH: At the December 13, 2005 CRA Board Meeting, the Marinus Team of Professionals presented the Ocean One Project to the CRA Board, This project is mixed-use project at the corner of Ocean Avenue and Federal Highway, It is a highly desirable project which includes the possibility of securing public parking spaces in their garage as well as having a significant impact visually and financially to the CRA district At this time the principals of the company are seeking CRA Board support to pursue the remaining three commercial parcels via the eminent domain process, The group has well documented support of the many attempts to voluntarily acquire these properties but has reached an impasse, This impasse necessitates the request to the CRA Board for consideration, RECOMMENDATION: Staff requests the CRA Board evaluate the necessity for taking, FISCAL IMPACT: To be determined ALTERNATIVES: Not consider the request f /} 11;;),. gLtL- eRA Staff ' f:\01.1Q-06.0cean One ED Request.doc ..J~J~,L~r1! ,~ January 5, 2006 Ms. Lisa A. Bright Interim Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 103 Boynton Beach, FL 33435 RE: Ocean One First Financial Assemblage Dear Lisa: The purpose of this letter is to respectfully request that the City of Boynton Beach Community Redevelopment Agency formally request that the City Commission authorize the use of eminent domain to acquire the interests of three commercial condominium owners in the First Financial Plaza, located at 639 East Ocean Avenue (suites 102, 104, and 209).' We ask that the request be made as soon as reasonably practicable. One Boynton, LLC, proposes to comprehensively redevelop property which is bounded by Boynton Beach Boulevard, Ocean Avenue, Federal Highway, and the eastern boundary of the First Financial Plaza -literally the "heart" of the City's original community redevelopment area2 The proposed comprehensive redevelopment project, called "Ocean One," implements the City's Federal Highway Corridor Community Redevelopment Plan (adopted by Ordinance 001-20). Applications for development approval for Ocean One (which include a rezoning, site plan, and right-of-way abandonment) will be filed imminently. The Ocean One project is proposed to include: . 530 residential units 125,000 square feet of office space 30,000 square feet ofretail space 120 hotel rooms . a I, 715-space parking structure The project will contribute to the vitality of downtown Boynton Beach by providing great public space, new downtown residents, improved office space for commercial activity, hotel rooms, and a substantial number of parking spaces which will be available for public use. ] The City has the authority to undertake eminent domain in furtherance of its community redevelopment plan pursuant to section l63.370(1)(e)2., Florida Statutes (2005), section 163.375, Florida Statutes (2005). 2 See City of Boynton Beach, Florida Resolution 82-KK (May 4,1982). 639 East Ocean Avenue Suite 406 I Boynton Beach, FL 33435 [' 561.732_1000 F 561.7321155 wwwmarinusrealestatc.com In furtherance of the redevelopment proposal, we have already acquired almost all of the privately-held property necessary for the redevelopment, including 92% of the condominium units in the First Financial Plaza. However, despite bona-fide offers and repeated good-faith attempts at negotiation -- attempts which included offers of above-market purchase prices and reasonable relocation assistance -- One Boynton's attempts to secure purchase contracts with the three (3) remaining commercial condominium unit owners in the thirty-five (35) unit First Financial Plaza have not been successful. In September 2005, we offered each of the three (3) unit owners who are not yet under contract an above-market purchase price, plus discounts on new office space in the proposed project, decorating allowances, and temporary relocation to other properties owned by the principals of the applicant. The owner of suite 204 rejected our offer, and the owners of suites 102 and 209 have not yet responded to our offer, despite the fact that is has been pending for more than 3 months, and despite our repeated efforts to contact them. Consequently, One Boynton, LLC respectfully requests that the CRA recommend that the City Commission authorize eminent domain proceedings to acquire the three (3) remaining commercial condominium units in conjunction with CRA recommendations with regard to the applications for development approval of Ocean One. The contracts we have in place on the 32 units contain private and sensitive information that is required by contract to remain confidential. We are, however, able to make those documents available for inspection in the offices of our attorney should you need to see them. In addition we are prepared to submit bona fide third-party appraisals of the units to the City at an appropriate time. Please contact me should you have any questions. Sincerely yours, One Boynton, LLC ~i E"", Comp~y, IIC President Cc: Bert Oliver Charles Siemon IX. NEW BUSINESS - B. UNFINISHED BUSINESS: 1. REQUEST TO TEMPORARILY REMOVE THE DIRECT INCENTIVE PROGRAM FOR BOARD REVISION (t ~1\lI"ir',.~ BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM : ~, '/(~,~ ,i . Requested eRA Date Final Materials Must be Requested eRA Date Final Materials Must be Turned into Meetinl! Dates Turned Meetinl! Dates eRA Office into eRA Office . January 10,2006 December 27, 2005 (Noon.) D July] ], 2006 June 27, 2006 (Noon) D February 14,2006 January 31,2006 (Noon) D August 8, 2006 July 25, 2006 (Noon) D March 14, 2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon) D Apnl II. 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon) D May 9, 2006 April 25, 2006 (Noon) . November 14,2006 October 3],2006 (Noon) D June 13, 2006 May 25, 2006 (Noon) . December 12, 2006 November 28, 2006 (Noon) NA TURE OF AGENDA ITEM D Consent Agenda D Director's Report D Old Business II New Business D Legal D Future Agenda Items D Other Item DATE: January 5, 2006 SUBJECT SUMMARY PARAGRAPH: eRA staff is requesting to discontinue the Direct Incentive Program in order to address legal issues that emerged from recent negotiations, Proposed changes in the program will be brought back to the Board for discussion and ratification, RECOMMENDATION: Remove the Direct Incentive Program from the list of eRA program, FISCAL IMPACT: None ALTERNATIVES: Keep offering the Direct Incentive Program, CRA STAFF: l-UJ~ Vivian L Brooks, Planning Director TIAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSlAgenda Item Request Form 2006,doc 01/09/2005 12::4 7722214057 TC REGIONAL PLANNING PAGE 01 Page I of2 Igulick From: To: sent: Subject: "Kim DeLaney" <kdelaney@lcrpc.org> <sheidt@tcrpc.org>; '"Igulicl<''' <Igulick@tcrpc.org> Tuesday, January 10, 2006 2:24 PM FW: development feasability analysis Please fax the below to Vivian Brooks. Boynton Beach CRA at 561-737-3258. Thanks. KIM DELANEY. PH.D. GROvvTH MANAGEMENT COOFtDINATOR TREA$U~e: COAST REGIONAL PLANNING COUNCIL .so, !!AS'!' OCIEAN BLVO.. SUITE 300 SruART. F'L 34994 PH; (772) 221--4060 .X; (772)221--4067 ID.U From: Kim Delaney [mallto:kdelaney@tcrpc.org] Sent: Monday, January 09, 2006 5:03 PM To: 'Brooks, VIVian' Subject: RE; development feasability analysis Vivian - Per our discussion yesterday, below is my understanding of what you're seel<ing with a review of the Heart of Boynton plan: . review Heart of Boynton plan, CRA plan, Comp Plan, LOR, City CIP & other relevant documents . estimate build-out under Heart of Boynton plan (quantity & type of residential units, Quantity & type non- residential SF) (worl< with City planning & CRA staff for this task) . determine necessary infrastructure improvements & costs per plan recommendations (work: with City engineering staff & consultant for this task) . review recent development history (1D-year trend) in redevelopment area (this can include recent proposals as well) . estimate likely phasing & absorption of private development given market conditions, land & infrastructure availability, and other factors (Indude reviews with local realtors, economists, recent property transactions) . conduct economic analysis in determine financial feaSibility of plan given likely bUild-out, phasing, TlF yield, and infrastructure cosls (if financial gap exists, identify financial remedies to address gap) TIMEFRAME: 6-tl weeks When your schedule permits, please add anything that's left out, delete or modify anything listed, and forward back. From there, I'll Convert into a proposal including ID of subconsultants to complete the lasks. Thanks. If needed, it would be best to reach me by cell phone ... 772-485-5802 as I'm usually on the road. -Kim KIM DELANEY. PH,D. GFtOWTH MANAt:if.:MENT COORDINATOR TRUSURE; COAST REGIONAL PLANNING COUNCIL 301 EA$'T' Oee:.-.,.,. BLVD.. SUITE: 300 STuART, FL 34994 PH: (772) 221-4060 01/10/2006 c .., .....'00.'_ .. ""~, ,,-co ~._-~~. -"~'_He""""-'~J1'''~A<..iO''''''-''''''~'''''''r l.i.....jt.~'~~~''''"..'''''_bi'J'.b.;._~''-,.-......~'''''''',-lll'''~~U;;!;;~i~~,"""-'u.1~J.:.~~"'.'.'.-i'.' XV. FUTURE WORKSHOPS Housing Needs Assessment February 22, 2006 6:30pm Library Program Room ~~~i~~~~~~~'~~:~: (~;a~::~~~~~ '~o~~:s~~~'t~'i~~~~~~e~~ ~~~~~:" """ If~'~" .", ~'~ _ ;';_" C;fAD(lJ..f tdlf L oqhf ~Jj1ferl-;"" ct:/f u/V-<"dol 0 COMMUNITY REDEVELOPMENT AGENCY - 2005 [\f (1e e e J'1er' e -fl1d r Keitl1.v, iVI COt roo S/:! LAST NAME FIRST EXPIRES ADDRESSu PROFESSIONAL NAME ASSOCIATION ~rretta James 1/10/08 209 N. Seacrest Blvd. #1 Architect BOYNTON BEACH 33435 (561) 740-0041 / cell: 561-414-9235 vr;:Marco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-l02 (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com )< Fenton Don 1/10/06 2556 5W 23"D Edward Jones & Company CRANBROOK DR 901 N Congress Avenue, Ste 0-101 BOYNTON BEACH 33436 Boynton Beach, FL 33426 / (561) 737-0793 (561) 737-1442 Fax (561) 364-1536 V Heavilin Jeanne 1/10/09 PO BOX 243693 (734 NE Salefish Reaity Chair 9TH AVE) 532 E Ocean Avenue BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 731-4474 (561) 738-6613 / Cell: (561)901-8714 Fax (561) 738-7911 jheavilin@msn.com IV o ;t{J 4l ~ Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant BOYNTON BEACH 33435 Fax (561) 733-0034 / (561) 733-0041 nhorenburger@cs.com cell(5611 901-2583 V / Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division BOYNTON BEACH FL Quincy Johnson Architects 33436 949 Clint Moore Road (561) 736-3564 Boca Raton, FL 33487 / Cell (561) 436-5834 561-997-9339 X31 VI Tillman Henderson 1/10/09 54 BENlWATER CIRCLE Spanish River High School Vice Chair BOYNTON BEACH, FL 5100 Jog Road 33426 Boca Raton, FL 33496 (561) 965-6776 (5611241-2200 Ext.2540 Rv 01 AI f.t ,. v - . g k '(-fr. tt\,\l'll ~;f",.. 6 ~t ~ ~ N};;JI: z::- ~A) a A f1'U-11tdL Yr1.:uAf '\v e ,sed 10/12/05 S:\CC\WP\BOARDS\LISTS\CRA Board.doc - 01/0912006 Boynton Beach Trolley Page 1 of2 This is a version of http://www.boyntonbeachtrolley.com/as it looked when our crawler examined the site on 1/12/2006. The page you see below is the version in our index that was used to rank this page in the results to your recent query. This is not necessarily the most recent version of the page - to see the most recent version of this page, visit the R.age on the web. ~ MSN is not affiliated with the content nor parties responsible for the page displayed below. Boynton Beach Trolley [Skip Navigation] \WSII.(a~i\I~~@l~;5l"eadPd~t!I_NOl~ Boynton Beach eRA is proud to offer this service FREE OF CHARGE to residents and visitors of our community . About Us . Routes and Maps . FAOs . News and Events . A9venisjng . Contact Us The trolley is on "Time & Temperature" time - call (561) 832 3801 to set your watch a9y.nto_"-- Beacl'l1-EL Get the 10 dav forecast Q, 790F Partly Cloudy Feels Like:820F Humidity: 72% Wind: Sat 14 mph Enter city/zip i~ . SeVQrEtW,fl:alheJ Airoort Delavs Sp,or:!:.i.ng,EvenIs Pollen Reoorts Oownload"DesktoPWe;::tther http://cc.msnscache.com/cache.aspx?q=2799282206164&lang=en- US&mkt=en- US&FOR... 1/13/2006 Boynton Beach Trolley Page 2 of2 Hours Of Operation Congress Avenue Route: Monday - Friday 7:15 a.m. to 6:15 p.m. Ocean Avenue Route: Thursday - Sunday 11 :00 a.m. to 10:00 p.m. Trolley Resumes Normal Schedule following Hurricane Wilma Boynton Beach...an historical perspective In 1894, just fifty miles north of Miami, Nathan S. Boynton's eyes fell upon what he felt was a tropical paradise. So enamored with the natural beauty and perfect climate, he returned a year later and built a summer home for his family. In six years the population of the new Boynton Beach had grown to 83. The community continued to grow, but it grew gracefully - retaining the natural resources and beauty that fist captured the attention of Mr. Boynton. Boynton Beach has come a long way since those early days! With a population in excess of 70,000 Boynton Beach remains a vibrant sought after community . Today, classic trolleys reminiscent of those found at the turn of the century are again crossing the 15.9 square miles of Boynton Beach. While it's been a long time since the "Barefoot Mailman" walked along the sandy shores of Boynton Beach, we feel sure he would be one of one of the first to climb aboard a Trolley today! The Boynton Beach CRA launched the Boynton Beach Trolley in July of2005. (Q 2005 Boy ton Beach CRA Trolley I Design: 3WStudios http://cc.msnscache.com/cache.aspx?q=2799282206l64&lang=en-US&mkt=en-US&FOR...l/13/2006