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Agenda 11-14-06 i!<~<tY~T2~ eRA III East Side-West Side-Seaside Renaissance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she 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, November 14th, 2006 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Henderson Tillman II. Pledge to the Flag III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda, B. Adoption of Agenda, V. Public Comments: (Note: comments are limited to 3 minutes in duration.) VI. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - October 25, 2006, B. Approval of the Financials - October 3151, 2006 C. Approval of Budget Amendments, D. Approval of 2007 Board Meeting Dates, E. Update on CRA Boundaries, F. Resolution NO, 06-02 - Regarding Sponsorship Funding. G. Update on Five Town's College, H. Contract Approval - Geoweb for CRA Property Database, I. Facade Grant Reimbursement - CK's Locksmith -$15,000, J. Contract for issuing RFP for continuing contract services - Corey O'Gorman, K. MLK Corridor Development Agreement Update, L. Contract Approval - Kimley-Horn and Associates - for regulatory monitoring of the mangrove mitigation area, M. Contract Approval - Native Technologies for Maintenance of the Mangrove Mitigation Area, N. Contract Approval - Burkhardt Construction for maintenance of the Promenade VII. Public Hearing: Old Business - None. New Business: A. Public Notice of Intent to Dispose of Real Property identified as Lots 452 and 453, Cherry Hills. B. Ellipse (Sunshine Square) - Rezonina 1, PROJECT: Ellipse (Sunshine Square) (REZN 06-008) AGENT: Bonnie Miskel, Esq, and Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, PA OWNER: Sunshine Square CRP LLC LOCATION: Southwest corner of Federal Highway and Woolbright Road DESCRIPTION: Request to rezone from Community Commercial (C-3) to Mixed Use Low Intensity 3 (MU-L3) for a proposed mixed use project on 14.43 acres, Ellipse (Sunshine Square) - New Site Plan 2. PROJECT: Ellipse (Sunshine Square) (NWSP 06-021) AGENT: Bonnie Miskel, Esq, and Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest corner of Federal Highway and Woolbright Road Request for a new site plan approval to construct a mixed use (residential! office! retail) complex on a 14,43-acre parcel in the Mixed Use-Low Intensity 3 (MU-L3) zoning district. OWNER: LOCATION: DESCRIPTION: 3, PROJECT: AGENT: Ellipse (Sunshine Square) - Heiaht Exception OWNER: LOCATION: DESCRIPTION: C. Oenmar Building - New Site Plan 1, PROJECT: Oenmar Building (NWSP 06-024) AGENT: George Brewer, Brewer Architecture, Inc, OWNER: Mary Ann Monnin LOCATION: 615 NE 3rd Street DESCRIPTION: Request for a new site plan approval to construct a 3,433 square foot commercial retail and contractor office/warehouse building and related site improvements on 0,34 acre in the C-4 (General Commercial) zoning district. 0, Arches 1, PROJECT: AGENT: Site Plan Time Extension Arches (SPTE 06-011) Bonnie L Miskel, Esq., Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, PA Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a 12 month site plan time extension for site plan approval granted on September 6, 2005, to extend site plan approval from September 6, 2006 to September 6, 2007, OWNER: LOCATION: DESCRIPTION: E. EAR Report Revision 1, PROJECT: EAR Report Revision AGENT: City of Boynton Beach DESCRIPTION: Request to approve the revised EAR which addresses the deficiencies identified by the Department of Community Affairs in the original EAR report, VIII. Pulled Consent Agenda Items: None IX. Old Business: A, Consideration of Neighborhood Improvement Grant to the Boynton Beach Faith Based COC, ' B, Reconsideration for the OIFA on the Promenade, C, Approval of the Marina Pad purchase Agreement. X. New Business: A. Consideration of Issuance of an RFP to Conduct a Transit Study and Local Circulation Plan, XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Other XVI. Adjournment .. VI. CONSENT AGENDA: A. APPROVAL OF THE MINUTES CRA BOARD MEETING - OCTOBER 25TH, 2006 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON WEDNESDAY OCTOBER 25, 2006/lr 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Rev, Lance Chaney (arrived 6:34 p.m,) Jeanne Heavllin Marie Horenburger Steve Myott Guam Sims Lisa Bright, CRA Executive Director Ken Spillias, Board Attorney I. Call to Order Chair Tillman called the meeting to order at 6:34 p,m. II. Pledge to the Flag The board recited the Pledge of Allegiance. III. Roll Call The Recording Secretary called the roll and declared a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda. Attorney Spil/ias added a request for an Attorney Client session with the board regarding Jesus House of Worship litigation to be heard under, XIII. Comments by CRA Board Attorney. He would explain the item further when the item was addressed, He also indicated there was a request by the attorney from InTown Development Group for an action item regarding the property and financial assistance with an upfront property purchase. This would be added as Item 9E. There were no other changes to the agenda, B. Adoption of Agenda. Motion Ms. Horenburger moved to approve the agenda with the addition of those items. Ms. Heavilin seconded the motion that unanimously passed. 1 Community Redevelopment Agency Meeting Minutes Boynton BelICh, FL October 25, 2006 D, Presentation By Board Chair Henderson Tillman, of the Florida Redevelopment Association (FRA) Roy F. Kenzie Award - 2006 Capital Projects/Beautification Award - The Boynton Beach - BOUlevard Extension Waterfront Promenade. This item was heard later in the meeting. v. Public Comments Chair Tillman opened the floor for public comments, Ms. Lynn Simmons, owner of Splashdown Divers was present. She recently received correspondence from the CRA notifying her she must vacate the premises by December 31, 2006. She had been in business for 24 years and she and her husband owned property at 652 South Road. Her dilemma was she must have a written lease, as required by her suppliers, in order for her to remain a dive shop. Without the lease she would be out of business. She understood the building would undergo renovations and requested meeting with the board to work out some arrangement to allow her to remain In business. She thanked the board. Mr. Warren Brown, a resident since 1978 purchased a home In Boynton Heights and restored It. Eighteen months ago, the CRA had fa91de grants for the area he lived in, He obtained an application, but when he went down a few weeks ago to turn it in, he was told the grants no longer existed. The grants were online but the dates Indicated 2004/2005. He requested the grants be available for the area he resided in, which was Boynton Beach area, and he wanted the CRA to reconsider offering the program to residents in the area who were upgrading, He felt the residents in Boynton Beach deserved to have the program available, and the Opportunity to make the redevelopment area the town It should be. There being no other comments received, Chair Tillman closed the floor to public comments. D. Presentation By Board Chair, Henderson Tillman of the Florida Redevelopment Association (FRA) Roy F. Kenzie Award - 2006 Capital Projects/Beautification Award - The Boynton Beach - Boulevard Extension Waterfront Promenade. Chair Tillman joined Mayor Taylor at the podium and presented him with the 2006 Roy F. Kenzie Beautification Award the CRA had received for the Boynton Beach Boulevard Extension Promenade project. He presented the trophy to Mayor Taylor and indicated he was proud, as Chairman of the CRA, that the prOject was recognized as an outstanding redevelopment capital project. He reported the award was a direct result of the strong leadership and collaboration between the parties, It was an honor for Boynton Beach to be recognized by the Florida Redevelopment Community. He thanked the Mayor and the CRA board for their efforts. Mayor Taylor accepted the award on behalf of the City Commission and City staff. The Promenade was only the first of many projects. He announced as partners, they could make the effort happen. 2 Community Redevelopment Agency Meeting Minutes Boynton Beach, Fl October 25, 2006 VI. Consent Agenda: A. Approval of the Minutes. CRA Board Meeting. September 12, 2006. .. B. Approval of the Financials . September 30th, 2006. C. Review and Adoption of Mortgage, Note and Agreement for the Homebuyers Assistance Program (HAP). D, Selection of proposal for the maintenance of the Boynton Beach Blvd, Promenade. E. Selection of proposer for the regulatory monitoring of the mangrove mitigation area at Jaycee Park, F. Selection of proposer for the maintenance of the mangrove mitigation area at Jaycee Park, G. Selection of proposer for the creation of a geo-database for the CRA. H. SE 4th Street Improvement Project Design Change Recommendation, 1. Uniform Retirement Percentage for CRA Employees, J, Palm Beach County TCEA and Incentives Compliance. Ms. Heavilin pulled Item A. Mr. Sims pulled Items F & H. Motion Ms. Horenburger moved to approve the Consent Agenda, less Items A, F and H. Vice Chair Norem seconded the motion that unanimously passed, VII. Public Hearing Old Business None. New Business: A. Public Notice of Intent to Dispose of Real Property located at 607 & 609 Seacrest Blvd. Ms. Vivian Brooks, CRA Planning Director, announced the properties were known as the Parker properties, and they were recently burned down. The CRA received authorization from the Property Appraiser to reconfigure the two lots to three lots. This item served as notice of the board's intent to dispose of the property by donating it to the Boynton Beach Faith Based CDC, who would construct three new single-family affordable housing units. Staff anticipated 3 Community Redevelopment Agency Meeting Minutes Boynton Beach, Fl Oc'tober25,2006 bringing a draft development agreement to the board by NOVl!mber. This notice was a statutory requirement needed to dispose of the property and was also part of the Heart of Boynton (HOB) plan to construct single-family homes on the west side of Seacrest, Motion Vice Chair Norem moved to approve staff's recommendation as written. Ms. Horenburger seconded the motion. There were no public comments received. Mr. Myott explained the board does not typically see Site Plans for Single-family homes. He asked, since the lots were non-conforming whether a Site Plan would be provided and thought they would be helpful. Ms, Brooks responded the Site Plans would be a deliverable in the development agreement along with a timeline. llQa Motion unanimously passed. Attorney Ken Spillias explained the remaining agenda items were quaSi-judicial prOCeedings. He asked the board If there were any ex parte communications. There were no communications reported. Attorney Spillias administered the oath to all individuals who would be testifying. 8, The Office at Bamboo Lane/ZNCV 06-011 Agent: Owner: location: Description: Michael Hanlon, HNM Architecture, llC Jaime Mayo, Nigel Development, Inc. 3847 N Federal Highway (SE corner of N Fed. Hwy, and Bamboo Lane) Request for relief from the City of Boynton Beach land Development Regulations, Chapter 2, Zoning, Section 6,C.3, requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11/578 square feet (a Variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) Zoning district. Kathleen Zeitler, Planner, presented the request. The lot was situated In the County and was considered a valid non-conforming lot by Palm Beach County regulations. Ms. Zeitler read the background and the requirements contained in Section 121.1.c.B.a of the Land Development Regulations. The applicant was requesting a Variance and staff recommended approval without conditions. Michael Hanlon, the developer, HNM Architecture llC, was present and agreed with the staff report. The property was never platted, and should have been platted with an additional piece of land, that being the 30' of right-of-way. 4 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Chair Tillman opened the floor for public comments. There-were no comments received and Chair Tillman closed the floor. Motion Vice Chair Norem moved to approve the Variance. Ms, Horenburger seconded the motion that unanimously passed. It was clarified the presentation and motion was just for the Variance. Ms. Heavilin requested hearing the next two Items, the Annexation and Site Plan together. There were no objections from the board. The Office at Bamboo Lane - Annex 06-008 and WAR 06-021 Agent: Owner: Location: Description: Description: Michael Hanlon, HNM Architecture, LLC Jaime Mayo, Nigel Development, Inc. 3847 N Federal Highway Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road To Annex the 0.265-acre parcel, to reclassify Its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) to construct a profeSSional bUSiness office. Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential (PBC CHIS) to Local Retail Commercial (LRC); and Request to rezone from Commercial, General (PBC CG) to Community Commercial (C-3) This item was addressed with the New Site Plan below, The Office at Bamboo Lane/NWSP 06-023 Agent: Owner: Location: Description: Michael Hanlon, HNM Architecture, LLC Jaime Mayo, Nigel Development, Inc. 3847 N Federal Highway (SE comer of N Fed. Hwy. and Bamboo Lane) New Site Plan Kathleen Zeitler, presented the request for the Annexation and Land Use Classification Change and the staff report. The request was consistent with the objectives of the City's Annexation plans as well as Palm Beach County's plan. There were no impacts on the existing infrastructure or level of services. The change would require a Future Land Use Map Amendment showing a change in density. Staff Supported the request. The Site Plan proposed a profeSSional office building with the first story having 555 s.f. of space consisting of an elevator, lobby and stairwell, The second and third story had 3,471 gross s.f. of space. There would be 3,234 s.f. of air-conditioned space. The applicant was required to 5 Community Redevelopment Agency Meeting Minutes ~nton Beach, FL October 25, 2006 provide 25 parking spaces and had complied with that prOvIsion. They obtained traffic concurrency and both the Police and Fire Departments approved the request, Staff recommended approval of the request subject to the 29 conditions associated with It. Mr. Hanlon, the applicant, agreed with all of the conditions. Chair Tillman opened the floor for public comments. There were no comments received and Chair Tillman closed the floor. Motion Vice Chair Norem moved to approve the Annexation and New Site Plan. Ms. Horenburger seconded the motion. Attorney Spillias advised the requests should be approved separately. Motion Vice Chair Norem amended his motion to be for the Annexation and Comprehensive Plan Future Land Use Map Reclassification and Rezoning, Ms. Horenburger seconded the motion. The placement of the various colors was discussed for clarification. ~ Motion passed unanimously. Motion Ms, Horenburger moved to approve the New Site Plan subject to all recommendations from staff. Rev. Chaney seconded the motion. Mr. Myott asked whether the pervious areas would be landscaped or if pavers would be used, Mr. Hanlon answered it was landscaped. He also asked about handicapped accessibility to the elevator lobby. Mr. Hanlon explained the clearances were all 44' minimum. Ms. Heavilin asked if there were any comments from the surrounding residents. Mr. Hanlon explained they had an office two lots down from the proposed site. The residents were aware of the plans and had no objections. ~ Motion unanimously passed. C. Country Inns and Suites/NWSP 06-026 Agent: Owner: Location: Description: Robert Currie of Currie Sowards Aquila Architects Anand Patel, LLC (Anand Patel, Managing Partner) 2201 S. Federal Hwy New Site Plan 6 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Ed Breese, Principal Planner, presented the request, which '/Vas located at the former Denny's location, The Denny's would be removed to construct the hotel. There would be a three-story structure constructed. Staff had requested dormers be added to the roofllne to create visual interest and recommended approval of the Site Plan and the Height Exception. Staff did not believe there would be any injurious actions as a result of that roofline addition. It Provided the look the City was developing. The structure was designed in the Old Florida style. Mr. Bob Currie, Currie Sowards Aquila Architects, and Anad Patel, the owner, were present. Mr. Currie gave a PowerPoint presentation of the project that encompassed aerials of the location, and the Site Plan with parking in the back and underneath. The elevation and public art, which was a fountain proposed for the corner of Federal Highway was also shown. This hotel would have a pool on the second floor, and would be comprised of suites and doubles, having a total of 62 rooms. The structure replaced an existing abandoned property and would create employment opportunities. Chair Tillman opened the floor for public comments. There were no comments received and Chair Tillman closed the floor. Mr. Phillip Gordon, owned property next door to the proposed site. He and others present represented the board of Fairfield. They were concerned about the Property behind the proposed site being owned by the same person and they reported the property had not been managed. They did not want the same type of problems to exist on the site. In the past there were over 284 calls to the Boynton Beach Police Department for activities occurring on the property behind the proposed site. Additionally, the residents reported when they painted their homes, they painted all four sides out of consideration for their neighbors. Mr. Gordon reported the applicant only painted the front and he could attest to the issues with the Police Department. Ms. Nancy Lynn, of Fairfield, was concerned about the hotel and if it did not succeed. She noted Ramada Inn, located on Federal Highway closed down, and the property was turned into an assisted living facility. She wanted to know what would happen If the hotel did not stay in business. Cathy Volpe, an alternate on the Fairfield Board, reported there were incidents on the property. She advised the owner tried to put a laundry room on the premises without permits. Fairfield residents were trying to increase the value of their properties. If the applicant could not fili his rooms, she wanted to know if he would lower the price of the rooms and let the clientele that presently frequented the property have access to the hotel. She explained the Police have been there numerous times and a back window was shot out. She wanted a guarantee that the owner would clean up the premises, She explained the residents were afraid. Mr. Currie explained the Inn was a franchise and there were requirements and standards involved In its operation. It was a monitored facility and It would be a better alternative than the Denny's. 7 Community Redevelopment Agency Meeting Minutes Bovnton Beach, FL October 25, 2006 Mr. Anand Patel, 648 Riviera Drive, was present and explail'led the property in the ~ack was owned by his cousin, and he would speak to him about it. Ms. Volpe contended Mr. Patel was associated with the hotel In the back. There was a Golden Sands Hotel sign in the Denny's window, Mr. Patel responded he has no control over how the hotel in the back was managed and commented he would take the sign down. Ms. Horenburger asked how Mr. Patel would attract a good clientele with the other clientele existing In the back. She expressed concern about Fairfield and had previously brought the matter to Code Enforcement because there was an issue with discarded furniture in front of Fairfield. She thought the whole area needed to be cleaned up. The Inn was a good step towards doing so, Mr. Myott asked about the ground floor, which was for parking with the exception of the lobby and about the reception desk. He disagreed with that aspect of the plan and thought it was not a high quality type of Inn. He did not think the way the plans were laid out were appropriate for a redevelopment area. Ms. Brooks explained the project was a franchise that came with a certain design box. When staff first reviewed the original plans, they were lacking. Staff worked with the architect and the applicant, going through three reviews to make it acceptable, and making it more urban and street friendly. The applicant complied with everything they asked for. As staff, she reported, they cannot make a determination of whether they like a certain brand of hotel, only whether it meets the Code and CRA plan guidelines. The applicant had gone above and beyond those standards. Ms. Horenburger asked whether there was a real lobby and if It had adequate parking. Mr. Currie showed her pictures of the lobby, and there was adequate parking. Mr. Myott was surprised that the Police Department had no comments. There would be security cameras and clear glass on both sides of the lobby. Originally, there were comments from the Police Department, but each time the plan was reviewed, the comments were addressed, Motion Rev, Chaney moved to approve the Site Plan with all conditions. Ms. Heavilin seconded the motion. The Secretary called the roll. Motion passed 5 - 2, with Messrs. Myott and Sims dissenting. Country Inns and Sultes/HTEX 06-008 Agent: Owner: Location: Description: Robert Currie of Currie Sowards Aquila Architects Anand Patel, LLC (Anand Patel, Managing Partner) 2201 S, Federal Hwy Height Exception 8 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Motion ., Ms. Heavi/in moved to approve the height exception. Ms, Horenburger seconded the motion which passed 5 - 2, with Messrs, Myott and Sims dissenting. D. Neelam Business Center/SPTE 06-010 Agent: Owner: Location: Description: Anand Patel, Managing Partner of AA, LLC AA, LLC 924 N Federal Hwy - SE comer of NE 9th Avenue and N Federal Hwy Site Plan Extension Mr. Breese presented the request and explained Mr. Anad Patel had purchased the subject property. Mr. Breese read the staff analysis and announced staff was recommending approval of the six-month Site Plan extension subject to all conditions of approval. Sanjay Parag, the agent, Parag Construction was present, and Indicated the FOOT permits were obtained. The only outstanding Item was the utility review. Chair Tillman opened the floor for public comments. There were no comments received and Chair Tillman closed the floor. Ms. Heavilin asked when construction would commence. Mr. Parag responded it would be about three weeks and definitely by year-end, Mr. Myott asked whether the building still looked the same and Mr. Parag responded it did. Ms. Horenburger asked whether the same individual who owned this project also owned the Country Inn and Suites. Mr. Parag responded it was, Rev. Chaney asked about the occupancy plans. The first floor would be retail, with profeSSional office space above. It had not been determined exactly what retail there would be. It was originally designed for an attorney. Motion Vice Chair Norem moved to approve the six-month time extension. Ms. Horenburger seconded the motion for the discussion. Ms. Horenburger asked if there was another request that had been apprOVed for one year, and then this was asking for a six-month extension. Mr. Breese confirmed it was. Ms. Horenburger Indicated they had discussed at a prior meeting, changing approvals from one year to eighteen months. Mr. Breese explained when the Land Development Regulations are rewritten, that change would be included, ~ A vote was taken and the motion unanimously passed. 9 Community Redevelopment Agency Meeting MInutes Boynton Beach, FL October 25, 2006 E. The Peninsula at Boynton Beach (SPTE 06-007) . Agent: Owner: Location: Description: Tom Yianilos with WaterbroOk, Inc. Waterbrook Development, LLC 2649 N Federal Hwy Site Plan Extension - Six Months Ms. Zeitler presented the plan and explained the applicant requested a six-month time extension. The plan was approved as an infill PUD development for 30 town homes and 40 condominium units. The original plan called only for town homes, but during the process it was changed to Include condominiums as well. The Site Plan was designed by an architectural firm that specialized in homes and town homes. They needed to retain a second architectural firm for the permit drawings for the condominiums. The extension would move the deadline to January 5, 2007. There was one condition of approval, that the Site Plan time extension was still subject to the previous conditions. Ms. Kim Glas-Castro, Attorney with Ruden McCloskey, was present on behalf of Waterbrook. She added the applicant had applied for their permits and second review, and had addressed the technical comments. They obtained their State and Federal permit approvals for the seawall, and had been negotiating the wording for the letter of credit. Once the letter was completed, it would be submitted to the City and the permit could be obtained. The seawall had to be completed first before they could pull the permits to start vertical construction. The seawall would need up to four weeks to be completed. Chair Tillman opened the floor for public comments. There were no comments received anc Chair Tillman closed the floor. Motion A motion was made by Ms. Horenburger to approve the request subject to all staff conditions. Vice Chair Norem seconded the motion. Rev. Chaney asked about the time extension and asked whether that was enough time. Mr. Tom Ylanilos, with Waterbrook was present and explained all permits were processed and ready to be issued. They were mobilized for construction and just waiting for the letter of credit. My Myott thought including the letter of credit with the list was very helpful and encouraged applicants to include it with the baCkup materials for the project. ~ A vote was taken and the motion unanimously passed. F. Las Ventanas (fka Gulfstream Lumber) SPTE 06-009 Agent: Owner: Kyle Rlva with Epoch PrOperties, Inc. Epoch Properties, Inc. 10 Community Redevelopment Agency Meeting Minutes Bovnton Beach, FL October 25, 2006 Location: Description: NW Corner of federal Highway and Woolbright Rd. Site Plan Time Extension Mr. Breese presented the request asking for a one-year time extension, The project was formerly approved as Uptown Lofts of Boynton Beach, He reviewed the background and analysis information of the staff report and announced the project had 43,361 s.f. of retail, had 404 apartments units, 20 town homes and 70 lofts. The applicant purchased the prOperty, received interim and equity financing for the project, demolished the existing structures, and received FDEP approval. The only outstanding issue was the coordination of the relocation of the traffic Signal with the Sunshine Shopping Center. Staff was recommending approval of the time extension, Ms. Bright reported she received correspondence from Bonnie Miskel of Ruden McCloskey, indicating they would be coming before the board next month. Chair Tillman opened the floor for public comments, Ms. Nancy Hogan, 37 Hibiscus Way in Ocean Ridge, was present. Ms. Hogan was a Commissioner in Ocean Ridge, but was speaking as a private dtlzen. She thanked Epoch properties for clearing the property that had dilapidated structures on it prior to the demolition. She reported building runs more efficiently when the process was streamlined. She requested the board consider when coming over the bridge to Ocean Ridge and Briny Breezes, the shrubbery be cleaned up. She thought It looked a little Shabby and thought between the developer and the City, it could be cleaned and could look a little nicer while the process was ongoing. Mr. James Vltter, Kimley Horn, was present and indicated he read the staff comments and agreed with them. He had a PowerPoint Presentation that they had made when the original request was made to the CRA. The board waived seeing the presentation. Mr, Vitter reported they hoped to commence vertical construction by March of 2007, but were still working out some of the transportation issues. The building plans would be submitted in about three to four weeks, Motion Ms. Heavilln moved to approve the request with the conditions. Vice Chair Norem seconded the motion that unanimously passed. G. Mixed Use Zoning Districts - Code Review - (CDRB 06-002) Agent: Description: City Initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6,f Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-L1), amendment of Mixed Use-High (MU- H), and establishment of the Mixed Use-Low 2(MU-L2) and Mixed Use- Low 3 (MU-L3) zoning districts, 11 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Mike Rumpf, Planning and Zoning Director, announced tilts request was discussed at CRA, Planning and Development, and City Commission meetings. The request represented a transition of the current mixed-use district system, which was a two-district system, to a four- district system and continued the implementation of the various redevelopment plans. It also instituted the allocation of the mixed use district onto the streets into the different areas and it implemented new Positions on large grocery stores, gas stations and automotive service businesses. He reviewed the staff report and advised the grocery store text changes were In connection with the Sunshine Square project, which was in the review process. It had come back from DCA and the City was preparing to adopt it. (Vice Chair Norem left the dais at 7:46 p.m.) Mr, Rumpf distributed an update to the handouts and pointed out the changes. (Vice Chair Norem returned to the dais at 7:50 p.m.) The Mixed Use High District abutting single-family residences would have an nfa mark because that scenario was unlikely. Ms. Horenburger asked whether the City Commission reviewed the changes and whether the amendments came about from issues the City and CRA encountered. Mr. RUmpf responded it had not been before the City Commission but the amendment was made from issues raised at the CRA and City Commission meetings. Mr. Rumpf pointed out automotive fuels sales and service had footnotes on the handouts. There were Provisions to preserve mom and pop operations, which had been done elsewhere. The changes gave the opportunity to incorporate service type businesses. The Shared Parking Table referencing the old Urban Land Institute (ULl) standards were removed and references to ULI document were inserted. More extensive definitions were added. Staff was recommending the CRA supPOrt the changes. This represented the first version of new Mixed Use Districts and staff would be scrutinizing them very closely over the next year to see how they were working. Chair Tillman opened the floor for publlc comments. There were no public comments received and Chair Tillman closed the floor. Motio'1 Ms. Heavilin moved to approve the changes. Mr. Myott seconded the motion that unanimously passed. Ms. Heavilin commended CRA and City Planning Staff. She thought the quality of Site Plans and projects Coming into the City were greatly improved, Having good design gUidelines in place helped, She thought both staffs did a greatjob. 12 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 VIII. Pulled Consent Agenda Items A. Approval of the Minutes - CRA Board Meeting - September 12, 2006 " Ms. Heavilin noted page 21, third paragraph should read, "Ms. HereAI3I:1~er HeaviJin stated $170K. . .n Attorney Spillias commented on page 22 under diSCussion of the Promenade, 3rd paragraph, 2nd line, the date should be July n~ as opposed to 2004. There were no other changes. Motion Ms. Heavilin moved to approve the minutes as amended. Rev. Chaney seconded the motion that unanimously passed. F. Selection of proposer for the maintenance of the mangrove mitigation area at Jaycee Park. Mr. Sims asked if it were poSSible for staff to provide an analysis, capturing the pertinent pOints for these items. Ms. Brooks Indicated this particular item was fairly minor and was a straightforward contract. In the future, staff would put the Information on an Excel spreadsheet outlining the applicant and what was being Proposed. Ms. Horenburger asked whether there was a policy that when a Request for Proposal (RFP) was issued for over a certain amount, the board would see it before it was sent out. Ms. Bright responded they do not have a policy, Attorney Spillias explained the standard purchasing policy covered expenditures up to a certain amount of money and could be approved administratively by Ms. Bright without the approval of the board. Ms. Horenburger would like to see a list of what was going out. Attorney Splllias advIsed sometimes the cost was not known until the RFP was actually Issued. Ms. Horenburger thought the board shouid see anything over $50K. Mot/on A motion was made by Mr. Sims to approve the Item, Mr. Myott seconded the motion that unanimously passed, H, SE 4th Street Improvement Project Design Change Recommendation. Mr. Sims was able to obtain the information he needed and had no further questions on the Item. Motion A motion was made by Rev. Chaney to approve Item H, Vice Chair Norem seconded the motion that unanimously passed. 13 Community Redevelopment Agency Meeting Minutes Bovnton Beach, FL October 25, 2006 IX. Old Business .. A, Ocean Breeze Update. Incentive Recommendations Mr. Robert Reardon, Assistant Director, provided the board with a talking point analysis. He explained they were at an impasse with the Ocean Breeze project. They had originally met several times with the developer and came to a final analysis of a DIFA (Direct Incentive Funding Agreement) with indirect and direct contributions amounting to just under $4M. One such indirect contribution included the demolition of Boynton Terrace. Other contributions made were the purchase of the Peters property and additional land, which served to increase the density of the project by allowing the CRA to assemble land and add it to the Ocean Breeze project. A DIFA was established, which was an agreement the CRA would give back 'X' percent of taxes to a developer who included workforce housing or public amenities. Those incentives were presented to the developer, and after several meetings, they could not reach an agreement as far as the percent of profitability that the developer needed to move forward with the project. Staff felt they had exhausted their efforts and offered to buy the property back from the developer. The developer then provided an appraisal for $8.2 million, and the CRA then informed them that pursuant to board policy, they would need to obtain their own appraisal. The CRA's appraisal came back at $6.4 million with a difference of $1.8M. Mr. Reardon noted the developer was present at the meeting. The CRA was trying to institute a workforce housing project with 20 units In the HOB. Mr. Larry Finkelstein, 114 N. Federal Highway, Suite 202, was present. Mr. Finkelstein explained he did not see the issue the same way Mr. Reardon did. It was Mr. Finkelstein's understanding the issue was the board's preference to purchase the property. Mr. Finkelstein stopped trying to develop the property in anticipation of selling It to the CRA. Mr, Finkelstein advised the CRA he would obtain a third party arms length appraisal, ordered by his lender under the Financial Institutions Reform Recovery Enforcement Act of 1989 (FIRREA). This was a United States Federal law enacted in the wake of the savings and loan crisis in the 1980's, which established new regulations for real estate appraisals and was a true third party appraisal. The value established was similar to the price the CRA has been paying for small pieces of land in the HOB that were contiguoUs to the parcel he had. The Treasure Coast Planning Council Study indicated that the value of assembled land was $1.1M per acre, which was greater than their appraisal. Mr. Finkelstein had not had an OppOrtunity to review the CRA's appraisal. ' The CRA wanted to spur redevelopment in the HOB, and noted it was the area with the highest crime statistics in the City. Forty percent of crime in Boynton Beach occurred in less than a half mile radius of the property. Mr. Finkelstein indicated the project area was a depreSSed market within a depressed housing market. The highest and best use of the property would be as a high-density tax credit rental property, however the City, the CRA and the community residents wanted to see homes there and they worked for 1.5 years to make that happen. The property was the largest amount of assembled land in the HOB, was ready to be developed, and was cleared. They had clean environmental reports, current surveys and elevations, and a title 14 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 commitment that could be converted to the CRA as a buyer. t6.cquisitlon of the land would have a significant impact on the neighborhood and the City as a whole. Boynton Terrace was considered the second largest Impediment to redevelopment of the HOB. Cherry Hills, the number one impediment, was not visible to the rest of the HOB area and did not front a major thoroughfare, as Boynton Terrace did. There were no other properties, other than Boynton Terrace that could produce 140-160 homes. It would be easier for the eRA to develop the property because they do not require a profit and because they would not have the restrictions by the lenders that he had. The CRA could put units in the Community Trust, work with local CDCs, etc. and had many other options. The property would help attract and keep employers in the area. It was Mr. Finkelstein's understanding the zoning was still not in place to increase the density. Mr. Finkelstein did not have a timeline for the options and issues he raised. He was told it was the board's preference to purchase the property and based on that premise, that was how he moved forward with the property over the last couple of months. Chair Tillman pointed out crime was down Citywide by 22%, and down 27% In the area Mr. Finkelstein held. Mr. Reardon announced the CRA had requested a title search be conducted and learned there was a foreclosure action on the property. Attorney Spillias confirmed there was an action on the property, but it did not prevent negotiation for the property, There would need to be a negotiated price that included all the costs of the foreclosure, and housing bonds issued through the county. It was a foreclosure on bonds that were Issued years ago as a $5.25M bond issue. There were some issues regarding the foreclosure he was still not clear on and needed to review. There was a restriction on the use agreement with the county, which expired in approximately 2008. It was not known whether the CRA plans were consistent with the county's requirements, or whether the county would waive those requirements for the eRA as a redevelopment agency. To work out a purchase agreement, the bank would need to be brought In, a conclusion be reached about the minimum amount needed to pay all the obligations, and what contractual obligations would remain or be waived. Attorney Splllias announced he could not say what a fair price would be. Mr. Finkelstein advised the property Would be purchased subject to clean title. The foreclosure was not a new development; rather, it was ongoing even prior to his purchase of the property and the City was notified as a party to the action, The land use restrictions expired for various reasons and those reasons Would culminate upon payoff of the bonds, which would OCcur at closing. Mr. Finkelstein and his attorney had all the background Information available and announced the contract would state that they would have clear title. Ms. Horenburger commented the Treasure Coast Planning Council assumed $l.1M value for property values along MLK. She noted that value was for the purpose of feasibility, and that It was based on an amount the CRA overpaid for property along MLK without appraisals. It did not indicate that was the value of the land in that area. She further asked whether the cost of foreclosure on the bond would affect the purchase price but not the title. 15 Community Redevelopment Agency Meeting Minutes ~ynton Beach, FL October 25, 2006 Attorney Spil/ias advised the foreclosure might not affect tIIte purchase price, as long as it included the indebtedness, including the additional cost of attorney's fees. Then, clean title would be given, the bank taken out of the picture, and the CRA would own the property. Mr. Finkelstein advised whatever number was decided upon would be a net number and would cover a II of those items, Rev. Chaney thought the CRA should move forward with acquiring the property and he suggested staff should be authorized to negotiate. Vice Chair Norem thought the issue should be turned over to the attorney to work on a purchase. Mr, Myott agreed the CRA should purchase the property. He suggested the parties meet in the middle of the two appraisals. He thought the City Commission should kick in the $900K difference to make the project happen. Ms, Heavilin thought this was to be the seed project, She thought the CRA would be disappointing the community if they did not move forward. She thought a review appraIsal should be considered and agreed with Mr. Myott that It was a good idea if the City Commission contributed towards the purchase. Ms. Bright explained in September, the CRA wanted to see a purchase agreement and they went back with an offer for the incentive program; however, they could not reach an agreement so they just went to purchase agreement negotiations. This was the first time they have had an appraisal that was Significantly different or lower than Mr. Finkelstein's. The CRA needed direction and that was why the matter was brought to the board, compounded by the foreclosure action and county requirements, Ms, Bright thought that was what the board wanted and what should be done. Ms. Heavilin pointed out lender appraisals tend to be on the conservative side. She reiterated a review appraisal should be done. Mr. Sims wanted to direct staff to do what was necessary to move forward wIth the project. Ms. Horenburger asked about the attorney's advice, which was that any effort to purchase the property be based on appraisals obtained by the CRA and negotiations with Boynton AssOCiates and the bank, concurrently, which would establish a purchase price in or around the appraised value of the property. If such negotiations were not successful, then allow the foreclosure action to run its course and re-evaluate the situation once the ownership of the property and authority to transfer it has been clearly established. She asked about the timing of those issues, Attorney Spill/as reported the attorney for the bank (trustee) Indicated the foreclosure action would probably be resolved in about six months, but cautioned that could always change, 16 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Motion .. Ms. Horenburger moved another appraisal be obtained and that negotiations take place with Boynton Associates and the bank concurrently, that would establish a purchase prIce in or around the appraised value of the property when the two appraisals that the CRA did come together, Mr. Sims seconded the motion, Rev. Chaney suggested if there were an impasse that they then take the attorney's recommendation and wait to find out what would happen with the foreclosure, Motion Ms, Horenburger amended her motion to add Rev. Chaney's comments to her motion. There was no second to Ms. Horenburger's amended motion. Attorney Spillias recommended keeping the motion as originally stated and obtaining another review appraisal. His opinion was not intended to say the CRA's current appraisal was final. The original motion would give parameters to work within. He would speak with the bank and obtain payoff figures and if they could not come to an agreement, one way or another, the matter would be brought back to the board in the form of a proposal or as notice they cannot bring forward a proposal. All negotiations would include all Issues needed to obtain clear title. ~ A vote was taken and the motion unanimously carried. Mr. Myott asked If the results would be received by the next meeting. Ms. Bright advised there was not enough time to do so, but the information could be received as a handout and not an ' agenda item. B. Reconsideration for the DIFA on 500 Ocean Plaza Ms, Bright announced at the previous meeting, the board directed staff to meet with the developer and the new managing partner, Mr. Arthur Slaven of Centrum Properties. In their conversatIons, they discussed how the market conditions were impacting the project and they considered DIFA to include workforce housing. Ms. Bright had asked him to make a presentation with a timeline and they would come back to the board after counsel and staff had an Opportunity to discuss workforce amenities and public parking. Mr, Slaven, Centrum Properties, and a joint venture partner in Florida, MCZ Development also based in Chicago, was present. Mr. Slaven explained they became the managing partner of 500 Ocean Plaza last October. They Invested $26M In the property. They spent a lot of money on the site and were committed to seeing the project built. He invited the board members to visit the sales center showing vignettes of what a typical interior would look like. The project was a cornerstone of redevelopment in Boynton Beach. Mr. Slaven advised when he met with staff, he did not open the project to the public because he did not want to have a false start, When the project did open, he wanted it done properly. 17 Community Redevelopment Agency Meeting Minutes ~nton Beach, FL October 25, 2006 Given the state of the market, Mr. Slaven advised they went-back to the architects and asked them to prepare the plan so they could build the project in two phases, Currently the project anticipated 352 units and was contemplated to be for south to north construction. Now they were looking at building the north tower first, which comprised the retail plaza. The change would require modifications to the plan. They hoped to open later this winter or early next year and were trying to hit the market at peak time, which was generally the beginning of the spring. He planned on meeting with staff to discuss issues of benefit not only to theCity,but to them as well. They started the preliminary plan review process and they were ready to go. Chair Tillman was glad Mr. Slaven appeared to keep the board updated on the project. Mr. Myott reiterated Chair Tillman's thoughts. He thanked Mr. Slavin for apprising the board on the progress of the project. Motion Ms. Horenburger moved the OIFA continue on the 500 Ocean Plaza project. Mr. Myott seconded the motion. Ms. Heavilin suggested a timeframe on the matter. Ms. Bright thought it would be reasonable to give staff 90 days to bring back any changes. Ms. Bright indicated Mr. Slaven was considering adding additional components or was considering changes to what was originally proposed. Attorney Spillias explained the legal position was that the DIFA had expired, Mr. Bloom, the attorney for the project, was not aware of the fact the CRA had revised the Direct Incentive Programs to make them more flexible. The changes may prOVide a greater ability for the CRA to assist the project rather than sticking to the precise terms of the previous agreement. To get the most fleXibility, he suggested the CRA be charged with the responSibility of meeting with them and looking at what the needs were and what they thought was a good recommendation of the board. If it were under the existing DIFA, they would evaluate it that way, or if it were under the new application, it would be brought to the board. Attorney Spillias advised he did not think there needed to be any act/on other than continuing negotiations with the developer. Ms. Horenburger withdrew her motion, but thought the direct incentive should run with the Site Plan or expire at the same time, Staff would bring this matter back to the board in January, c. Reconsideration for the DIFA on the Promenade Ms. Bright reported she met with the developer and his partner, Mr. Krinsky, to discuss the affordable units, the marketing of them, the project timellnes, the 111 parking spaces that belonged to the incentive agreement and two leases for Margies and a Chinese restaurant. One item Ms. Bright did not have was the spirit of the board's intent when they drafted the incentive agreement, in terms of what was actually required In the advertising. The advertising was defined by Mr. Krinsky and his attorney, and their understanding was they had met the reqUirements of the DIFA. Attorney Spillias had advised previously that this DIFA had lapsed. 18 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 She explained Mr. Krinsky advised in the project timelin~ he was close to obtaIning hIs construction permit and the board needed to determine whether the incentive would go forward or whether the board wanted other action. Paul D'Arelli, Attorney at Greenberg Traurig, was present on behalf of the project. He was unsure what action was being requested but he wanted to provide the board with an update on the project and the permitting, and have the Opportunity to answer any questions. Mr, D'Arelli reported the client was working very hard to bring the project to fruition. The project had been moving through the channels and had some setbacks. A building permit for the building foundation was Issued on July 18, 2006. The County Impact Fees were paid, and he reported the permit application for the full building structure was submitted in July 2006. He indicated they felt they have complied with the obligations of the agreement to obtain a building permit and hoped they did not have to get into any issues and that the board would not dispute the Issue; rather, he hoped the board would acknowledge the project was In compliance with the agreement. He expressed hopefully, the project would move forward and the parties would not be In an adversarial position over technicalities and other issues that were previously discussed with the board attorney. Mr. Krinsky was present to answer questions. Chair Tillman requested confirmation that the timing on the incentive had expired. Attorney Spilllas first advised there were legal issues and policy issues and the board would have to decide on the policy issues, He announced upon review of the contract, there were two issues where it could be said, from the CRA's perspective, that they may have breached the contract. One issue was the deadline for obtaining a permit to allow vertical construction, The developer received a foundation permit within the time period and presented to the City an application for a building permit. The City advised the foundation permit was not considered by them, as a permit that allOwed vertical construction. While the fOUndation permit would be necessary for vertical construction to occur, it was not the permit that allOwed that. The permit they applied for was a permit that would allow vertical construction but when they submitted the application, they did not pay all of the required fees. Attorney Spillias explained this was a definitional Issue. It was the City's definition he was rooking for and the City advised him they would not consider an application where the fee had not been paid as having been applied for properlt. Arguably, the developer did not meet that deadline. Attorney Spilllas explained if the CRA wanted to allow the DIFA to go forward, they had the ability to either not accept that interpretation, accept their interpretation or extend the commencement of the construction time period. This issue did not have to be a bar to the project moving forward, if that was the deCision of the CRA. The second issue was the affordable housing issue. The basis for the amount of the incentive was the commitment to hold open for sale, a certain percentage of units at workforce housing levels ($280K or less). Attorney Splllias advised there was no language in the agreement how the units were to be advertised and how to alert people to them. Every contract has within it, 19 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 an implied Covenant of Good Faitll, which was the party woult:l act in good faith to accomplish the goals of tile agreement. This second issue was a factual determination of whetller or not tile developer took tile steps to effectively hold out the units on a workforce level. The CRA was advised the developer placed a sign in the sales office. Attorney Splllias explained If someone did not know to go there looking for it, the sign is not any good. The developer also indicated tIley had provided a.list of units to Mr. Hutchinson, the former CRA Director. It was unknown to Attorney Spilllas what Mr. Hutchinson did with tile list. In either event, there were two potential Issues for saying the incentive agreement was not complied with. Neither issue was clear cut, and this matter was a policy issue the board needed to determine, Indicating under what circumstances tile CRA would want to move forward in light of the difference of opinion on whether the agreement was breached or not. Chair Tillman opened the floor to public comments. Ms. Thea Lerner, resident of Delray Beach, provided a synopsis of her experience with the Promenade. Last April, she read an article in the Sun Sentinel about plans for tile housing complex construction, She sought additional information from the Internet that indicated there were 16 affordable access units available. She thought this would be a viable possibility for her daughter and her fiance. Her future son-in-law was employed in Palm Beach County at tile South Florida Water Management District. Ms. Lerner advised the price of decent housing in Palm Beach County was becoming Increasingly unobtainable, Both individuals were professionally employed and Ms, Lerner tIlought it would be a shame to Jose their talent to another area or state because of tile cost of living in Palm Beach County. In early April she contacted the sales office of Pantller Real Estate Partners to ask about the 16 affordable access units, and was advised the units had already been sold. Shortly thereafter, she spoke to Panther Real Estate in Miami and explained her frustration regarding tile 16 units. They were unable to answer her questions but would get back to her the next day. Two days later, she called again who was told stated someone would return her call, Two weeks later after having no response, she contacted Panther Real Estate, and advised the 16 units were not available, she was also advised that Panther Real Estate's only obligation was to advertise the units for 120 days and she would not respond as to whether or not tIley had been sold, Ms, Lerner wanted verification of the name of the newspaper, the start date of the advertisement, and if it were a seven-day per week ad and the termination date for tile ad. She said It was obvious the ad would have appeared in a Palm Beach County newspaper. She reiterated it was a shame that young professionals are unable to continue to live in Palm Beach County. It would result In a loss of young talent but also a greater loss to tile high tech corporations moving into the area. She asked where the hi tech companies coming to the area were going to find the talent to enhance their operations and what enticements could be used to attract high tech corporations to base their businesses in the area without keeping young professionals in tile community. Mr. D'Arelli sympathized with Ms. Lerner. He did not have the facts to dispute her experiences. He knew tile agreement did require tile units to be advertised which was not defined in tile agreement, and which needed to be taken care of as the process was refined. He indicated tile board was given a picture of the sign, which was prominently placed and there were articles in 20 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 the newspaper. He reported individuals did have informatio" about the units being available. He reported one person came forward and put in a reservation and commented that may shed some light about the viability of this type of incentivising of the project. He indicated there might be a more effective way to deliver housing. He disputed there was an intention to not have people come forward. He reported after the time period had lapsed, at Mr. Hutchinson's request, Mr. Krinsky provided him with a list of the units and the prices he would circulate to some of the local housing agencies, but advised nobody came forward. Mr. D'Arelli advised they believe they have met the obligation under the agreement. He requested the board acknowledge they had met the obligations for the penn it, the affordable access units and they move forward with their ability to deliver the project to the Oty of Boynton Beach, which would provide additional revenue to be able to do things in the CRA. Ms. Bright announced as the board moved forward with their decision, the CRA needed to work hand in hand with defined benchmarks and target dates of construction loans and permits. In the new DIFAs that infonnation is outlined. For this and future issues, Ms. Bright was requesting assistance from the board, Chair Tillman was concerned with the original benchmarks regarding the permitting process and did not understand, if one of the marks was the City's permitting process, why it was not recognizable. He was concerned about the board setting a standard, sticking by It and not backing away from it. Mr. Sims indicated he would like to move forward under the new DIFA and it appeared they met the minimum requirement. He thought developers were using the communication tool to their advantage. The same issue, putting a sign up, might cover the minimum requirement, but he thought it was deceitful to people. Mr, Sims added whether or not that was the reality of the matter, it certainly was the perception. Mr. Sims thought sooner or later, developers would be cailed on it. He was not comfortable with moving forward under the same rules because it did not specificaily define what developers must do to satisfy the board under the DIFA agreements. Mr. Sims thought perhaps developers looked for loopholes and the CRA needed to close those loopholes. He further thought re-establlshlng a standard defining the way developers communicate and work with the board was necessary and they should stand firm on that. He was in favor of moving forward under a new agreement and did not want to be involved in old agreements that were not to the eRA's advantage. The cost and consequence is the perception the City and community were being deceived, especially when it came to affordable housing. Ms. Heavilin advised this project was one of the first two DIFAs they offered and the CRA learned a lesson on not being clear on setting the timeframes and gUidelines they needed. She thought the requirements would be difficult for a developer to follow if the agreements were vague. Ms. Heavilin was In favor of proceeding whether the DIFA needed to be approved retroactively from the expiration date, or by just redoing the DIFA. She asked the developer if they would be willing, under more concrete guidelines, to remarket those affordable units. She reported she was in and out of that office many times and never saw the sign. She thought the sign would have caught her eye. 21 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Mr, Krinsky thought the CRA was taking one piece of the pkture. He stressed the sign was present and reported the entlre list of the units, with the prices, were delivered to Mr. Hutchinson. Mr. Krinsky reported Ms. Bright was on staff at that time and that she confirmed to him that the delivery occurred. Mr. Krinsky advised he had no knowledge of what happened to the list after he gave it to Mr. Hutchinson, It was Mr. Krinsky's understanding that Mr. Hutchinson would go out to agencies that were there. Mr. Krinsky also reported he understood the affordable housing program, as it was put in place, had problems and that it had nothing to do with him getting through loopholes. The project was a $200M project with 780K feet of building space. In order to build it, he had to evict tenants, clean up dry cleaning contaminations from the 60's and 70's, and he then opened a sales office with a full time sales staff. In February of 2005, he sold out all the units. Then construction costs went up 35%, and he had to cancel the reservations. He got sued. They were non-binding reservations, so he cancelled them because he could not prOVide the units for that price. He re-offered the units to the Individuals who first made those reservations, and when they said no, the units were offered to the public. He had not sold anywhere near all of them again because the market changed. The lawsuit was summarily dismissed. He has a loan and he selected a contractor, which was Coastal Construction. Assuming he could get through the permitting process on the main permit, he was looking forward to starting constructfon in January. Now he has sales contracts and not reservations, which would aI/ow him to take down his financing and move forward. He advised he could not do that If the DIFA was not active. The DIFA he would receive would not provide Mr. Krinsky with any funding up front. He would not receive It until he obtained his certificate of occupancy. Beyond the 16 affordable housing units, he had 111 parking spots that would be open to the publiC free of charge during the entire term of the agreement. There were two local tenants that needed 2,500 sJ. of space which he made available for 50% of the market value and he was only required to prOVide 1,900 sJ.. Mr. Krinsky needed the commitment of the DIFA, Mr. Krinsky disagreed with Attorney Spillias about the foundation permit and thought he was splitting hairs. He expressed that Issue was not something the CRA or he wanted to have a judge decide. He had other issues to contend with and he was ready to commence construction in January, Mr. Krinsky did not want to open up the affordable units again because he needed to know where his sales were. He repeated Ms. Bright confirmed he provided Mr. Hutchinson with the requested Information and that he opened the units up a second time. Mr. Krinsky reported many people inquired about the units, but it was not that the units were not available; they did not like the deal. He indicated at $280K or less, for an extra $25K they could purchase the same unit at the market rate, without restrictions. With the restrictions, the buyer could only sell to someone else who qualified and the buyer would only realize 3% profit per year. The rest of the money was turned over to the county, He indicated most people indicated they would rather buy the market rate unit and receive the market rate increases. Mr. Myott asked whether he paid the plan review fee. Mr. Krinsky reported he paid the County, the permit fee for the foundation permit. The $300K fee, which he needed to pay a portion (30%), was not paid because he needed to finalize his agreement with his contractor. He 22 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 explained he did not know he needed to pay 30% of the totel fee upfront because it covered the cost of staff reviewing the plan. He advised he would pay it soon. Mr. Myott asked whether he was changing the design of the building. Mr, Krinsky responded the project envelope was not changing, but the pool may be shortened. He was looking at any kind of value engineering that could be used without changing the plan. There was nothing they could do to the plan that would be considered a major change. They had already sold units. Mr. Myott asked whether the affordable units were available, not available or sold. Mr. Krinsky indicated the affordable housing units were no longer available; the window closed and it was extended an extra 180 days. He explained there was a tlmeframe in which they marketed them and there was one taker under reservation and when they went to move to contract, that reservation backed out. Mr. Myott thought Attorney Spillias and Ms. Bright should keep the matter moving along with a list of rules gOing forward. One of them would be to always return the boards calls and to communicate regularly, He requested guidelines be provided, in letter form, how things would be going from this point forward. Mr. Krinsky reported he had never, not returned phone calls. He also announced he was alerted to the last meeting, the day of the meeting. Vice Chair Norem indicated last month, the CRA became aware of that and moved to reconsider the items, so the developer could be present and proVide answers to questions they had on a timely basis. He elaborated individuals were contacting various people about the project and the CRA needed to be able to apprise them of updates. The CRA was responsible for public funds and the project needed to move forward, but the developer needs to work with them. Rev. Chaney acknowledged the City wants the project and there were issues with the marketing of the affordable housing units. He questioned whether it should have been the CRA's responsibility to market the units. He felt the CRA wanted to provide the DIFA for the project, and there should be guidelines, deadlines and benchmarks Incorporated into the agreement. He felt the CRA should consider operating under the new guidelines. He also asked about the possibility of incorporating less than 16 units for affordable housing units into the project. Ms. Horenburger requested confirmation that the City's rules regarding permits are that a foundation permit, in and of itself, and an application for a permit that Is not paid for, did not meet the test for these types of agreements. Attorney Splllias responded, for this specific agreement, the definition of commencement of construction, that was correct. The definitions were being tweaked to make sure there were no future misunderstandings. Ms. Horenburger asked whether that was the City's standard as well. Attorney SpiJIas responded the definition of commencement of construction for this agreement was they would have pulled a permit that would have allowed for vertical construction. Under the City rules, you need a final building permit to do that. The City considers the permit applied for when the application is submitted and the fees are paid. In this Instance, the fees were not 23 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 paid. The application was submitted before, what the CRA censidered, the deadline, or lapsing of the agreement. Attorney Splllas advised the actual written application was turned in before the lapse, but not paid for. Ms, Bright indicated that was the information Quintus Greene, Director of Development, explained to Attorney Spillias. Ms. Horenburger asked If the CRA would technically be violating its own agreement and the prinCipals the City operates by, if they went forward with the old agreement. Attorney Spillias explained the City has nothing to do with whether the deadline was met or not, except the City does not consider the application to be valid unless it was paid for. The application was not complete, Mike Rumpf, Director Planning and Zoning, explained this was an apples and orange issue and It would depend on how the agreement was worded. To them, if a permit application is not paid for, then it does not continue along in the process of being processed. Ms. Horenburger asked whether it was considered the permit application had been made and completed or not until it was paid. Mr. Rumpf responded if something is not paid for, it is not processed, That was the essential ingredient in that submittal. Ms. Horenburger explained she had serious concerns about the old agreement and the previous public testimony that at least one person advised her that the developer's only obligation was to advertise the units were affordable. It was also stated indirectly they were not required to provide them, just advertise them. Ms. Horenburger indicated this was a $6M incentive to not only provide parking spaces but to provide affordable, attainable workforce housing. She thought it was disingenuous to say that the card was the advertising they provided in their office, She suggested tightening up the requirements and advertising in a paper of mass circulation, She could not imagine an individual looking for affordable housing in a project on the Intracoastal. She acknowledged Information obtained via the Internet could be considered a form of advertising. She questioned the 111 parking spaces would be made available for free during the term of the agreement. She asked about the term of the agreement. Attorney Spillas explained the term regarding the parking was during the term of the DIFA payout, which was ten years. Ms. Horenburger thought it was a lot for a developer to receive $6M without any affordable housing units included, She agreed the permit for construction was not actually fully issued and implemented and that it was not completed. She indicated the DIFA should be adjusted or recreated with more serious responsibilities, in return for receiving a $6M incentive. Mr. Myott explained since this project was approved, there were new programs developed for down payment assistance. He hoped there might be more than one program that might work in the building. Some programs provided funds for down payment assistance. Mr. Myatt was in favor of staff looking to assist individuals to find a way to purchase a unit in the project even if it was not the "old" way. 24 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Motion ~ Ms. Horenburger moved to declare the DIFA that was in place was lapsed and directed staff to, as expeditiously as possible, redo another DIFA with the developer that incorporated some amount lesser than 16 units for affordable housing. The agreement would require that advertising be conducted in a newspaper of mass circulation, that some amount of affordable units be sold or some of the funds be returned and that staff return the agreement to the board as quickly as pOSSible so the developer could continue with the project. Rev. Chaney seconded the motion. Ms, Heavilin asked for clarification about the affordable units if they were not sold and returning a portion of the funds. Ms. Horenburger felt they were giving an incentive to the developer "to proVide affordable homes. Ms. Horenburger stressed the obligation should not be to just advertise the affordable units, and not be required to sell them. She clarified the CRA had to ensure affordable housing was provided. Ms. Heavllin was unsure that requirement could be added. Ms, Horenburger explained it was not really an incentive if they do not have to prOVide the units. Ms, Heavilln thought the issue should be left to staff. ~ A vote was taken on the motion, which unanimously passed. Ms. Heavilin left the dais at 9:24 p.m. Rev. Chaney left the dais at 9:24 p.m. Chair TIllman left the dais at 9:24 p.m. 0, Approval Revisions of Purchase Agreement for Peters Parcel at Ocean Breeze Ms. Brooks, CRA Planning Director explained this request was coming back to the board. The seller had some issues with the contract. Essentially, the changes concerned the seller did not want to warranty the property as far as environmental issues. Attorney Spillias advised the changes were reviewed and approved to be incorporated into the contract. They would not negatively impact the CRA. He advised the seller was selling the property as is, The CRA was concerned about environmental issues; however, he announced the Phase I and II Environmental Reports came back pretty clean. Motion Ms. Horenburger moved to approve. Mr. Myott seconded the motion, which passed 4-0. (Chair Tillman, Rev. Chaney and Ms. Heavi//n were not present for the vote) E. MLK Master Developer Agreement Update. Ms. Heavilin returned to the dais at 9:26 p.m. Rev Chaney returned to the dais at 9:27 p.m. Chair Tillman returned to the dais at 9:28 p.m. Ms. Bright reviewed the agenda request and explained on September 27, 2006, a draft development agreement was forwarded from CRA legal counsel to InTown Development 25 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 counsel. A chronological timellne was given, since the bl!Slness terms were beginning to change significantly, and the requests from InTown changed and were different from the policy that was established at that meeting. The CRA was stili awaiting dellverables from them and Ms. Bright did not have the draft response that staff requested from the developer. Attorney 5pilllas was contacted by counsel for InTown and had an action Item for the board to hear. Attorney Marvin Rosen, Real Estate Partner for Ruden McCloskey was working with .Bonnie Miskel on the InTown Development Project along the MLK Corridor. Mr. Rosen's land use and zoning partner, Lee Worscheim, was working on the development agreement for the project to be called 5eacrest Village, provided InTown, the CRA and the City could reach a mutually agreeable development agreement. The parties met earlier and reviewed their concerns and focused on action items being brought before the CRA. Mr. Rosen expressed their feelings the development agreement was getting off the ground and was confident it would. Mr. Rosen reported InTown had stepped up Its efforts to assemble the properties needed to launch the project. The land assembly was the most ambitious phase of the entire project, In the early stages, because there were 103 separate parcels of land Involved In the process. Land assemblies now take place in a very different legal environment because the state has prohibited condemnation even for redevelopment in blighted areas, by private parties. He reported this created a challenge for projects. InTown would be closing on 19 separate properties next week, with three of them owned by the Estate of Doris Jefferson, which had a total of 10 properties, (seven of which are outside the project zone and three inside). He reported they have a contract for all ten parcels because the Estate must liquidate all ten and would not split them up. The closing was October 23, 2006, however, they extended the closing until October 31, 2006. Mr. Rosen explained InTown had lenders lined up and a lead lender identified. In order to close, financing must be arranged for the 10 Jefferson parcels and the 16 other parcels in the zone, He explained they learned lenders were not willing to underwrite the seven Jefferson parcels outside of the zone. Those parcels were not in the development agreement, were not part of the 5eaCrest Village and would have to be purchased and then sold. Lenders were only interested in underwriting just the three parcels, and InTown could not close on the three parcels because of the seven parcels outside the zone. One of the action items was for the CRA to consider buying those seven parcels for the price InTown was committed to buying the parcels, plus the transactional costs that get added on such as documentary stamps, title insurance, attorneys fees, etc. The action would not be a grant. It would be the purchase of an asset, which the CRA may have been Interested in for some time. Inside the zone there were seven parcels owned by the CRA and the City. Those properties were contained In the proposal that InTown made and was accepted on August 17, 2006. InTown agreed to pay approximately $3.5 in the proposal. Mr. Rosen asked those properties be conveyed to InTown now for $1 as a price deferment, because the lender needed the value of those properties to underwrite the loan. The $3.5 would go Into the account. Repayment would be made either In cash, pursuant to the development agreement, or in-kind pursuant to the 26 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 development agreement, with improvements and programs tile CRA was seeking to provide for the project, The issue was a timing issue. Another issue was the lender advised that since there was no development agreement, and if the bank made the loan, when it matured, their collateral consisted of postage stamps and scattered lots, and there would be no project, InTown finally developed the actlon item that at the end of the term of the loan, which would have the longest maturity date they could get on the loan, if InTown had not assembled all the property they needed, repaid the loan, or replaced that lender, InTown requested the CRA repay that lender. It was not a guarantee because the lender would essentially sell Its loan documents, mortgage, etc., and the CRA would hold the mortgage on the lots, InTown would go forward with the development pursuant to the development agreement. Mr, Rosen acknOWledged he was asking a lot, but those were the three principal action items. He repeated them as the purchase of the seven properties outside the zone for InTown Development's price plus the transactional costs. Conveying the land the CRA currently owned for $1 with InTown's payment of their pro rata share of the price to be paid later and in accordance with the development agreement, and to provide the lender with comfort would be a credit enhancement. He explained jf the CRA were ever called up, the CRA would assume the shoes of the lender. Chair Tillman indicated he thought the request was bad business. He reviewed the August meeting and indicated promises were made with $60M in tax credits and direct financing, and InTown could finance the project through their own efforts as was told to the Vice Chair. That was in August and the CRA moved forward. Chair Tillman indicated he was embarrassed about his vote. Chair Tillman put a statement on record about public/private partnerships as follows: "Public Partner Responsibilities must identify development goals and resources, including commitments for inducement and incentives for prioritized projects in the plan. Under the public participation spectrum, the role is to inform, consult, involve, collaborate and empower the pUblic by utilizing these tools to increase the level of public impact. Managing expectations through the establishment of a schedule clarifies the expectations of public decision makers and is essential to public/private partnerships. For Private Partner responsibilities, it is essential the private partner needs to be prepared for a transparent process. Obviously that has not occurred here. Although parts of the process exist in which certain information Is not disclosed; however, the developer must be prepared to make Its numbers, its name and itself open to public scrutiny. The recognition and acceptance of this basic tenet should precede all other steps that the developer will take. If such transparency is not acceptable, the developer should walk away from the project. All parties need to articulate and agree upon the process to be followed. Agreement on the process helps ensure that partnerships establish effective policies and implement them efficiently and collaboratively. More importantly, a documented decision-making process increases transparency and facilitates the sharing of information about the project. 27 Community Redevelopment Agency Meeting Minutes Boynton BelIch, fL Oaober25,2006 The next step is the most important step - create a road map"- a road map for decisio(l making with a timeline to schedule project implementation. Chair Tillman indicated there was no sense in going there because, obviously, we are not at that point. The roles and responsibilities are clearly defined in public private partnerships. In this instance, the entity known as the CRA has stepped up from the beginning and made every effort to become a true partner in the process. The entity known as InTown has not. (The written statement made by Chair Tillman is attached to the minutes). n Chair Tillman indicated he thought the CRA had done what it set out to do in terms of trying to move the project along. He thought now the CRA should be moving along and seeking the services of number two. That was a matter for the board to decide. He thought clearly after tonight, after listening to what was presented, he was definitely not In favor of dealing with InTown again. Vice Chair Norem concurred with much of Chair Tillman's comments and asked how many parcels InTown actually owned, closed on and had title, Mr. Rosen responded they had one title to property. Ms. Samantha Simons explained they had 26 parcels going under hard contract and closing next week. Some of those were under contract for a year and some in recent months. Vice Chair Norem explained the contracts were supposed to be given to staff to show what was available. He elaborated InTown indicated they had control of 19% of the project a rea, Ms, Simon indicated she had the contract and to-date, they had never been asked to show any of the contracts to the CRA staff. Ms. Bright explained when the CRA and Ms. Simon met on September 20, 2006 and Ms. Simon first asked for additional financial support to secure the properties on the MlK corridor, the CRA requested a spreadsheet. The spreadsheet would list the PCN number, the appraised price, the persons asking price, how many times the Individual was contacted, and other Information. Ms. Bright asked Attorney Spilllas whether they had received any of those contracts, which were deliverables. InTown had Initially portrayed they controlled 19% of the project area, as well as their asking for additional assistance beyond the 19%. Ms, Bright was trying to define the project area and the total value of what the incentive paCkage would be. At that meeting, Ms. Simon asked for a list of the churches and it was discussed that one of the Issues was relocating the churches. They had spOken with most of the churches and there were a few telephone numbers they still needed. Ms. Simon reported the phone numbers provided by the CRA were dead and not In working order. Ms, Simon apologized for not providing the information and Indicated she had no problem sharing the information on the contracts they currently had. Vice Chair Norem indicated InTown went into an agreement to purchase property but they had to purChase the entire package. Ms. Simon clarified there were actually 15 lots In the estate, with eight in the area and seven outside the area. He asked what equity InTown had in the project. He expressed InTown was asking for things without an agreement and for things the eRA would not do for anyone else. He announced the CRA was not a bank. He recalled InTown had indicated to them in August they had all the money available to do the project as a 28 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL standalone. Vice Chair Norem explained the CRA held the ptlblic's trust and the deal. was not an arms length transaction. The CRA was responsible to the City of Boynton Beach. He did not see InTown's equity. He asked where the equity was in the project and the money they said they had. He thought InTown should be collecting the properties with that equity. He explained the CRA could not sell the property to InTown at less than market value, especially without an agreement. He thought there were things they could do with the incentives, but he announced that was not the original deal. October 25, 2006 Ms. Simon clarified the 15 properties they were purchasing were from Ms. Jefferson's Estate. Last August, the estate was contacted aggressively by the CRA staff. The estate holder contacted InTown and told them if the CRA continued to contact them, they would increase the price. InTown went into contract with a full intent to buy the estate. When the lender saw there were parcels outside of the estate, they wanted to aggregate land. Ms. Simon explained normally, when a RFP was issued, the land had already been aggregated and assembled. She appeared before the City Commission and the CRA asking them to stop bidding against the developer who has been around for four years trying to assemble the properties. When they began to assemble the land, they looked at paying approximately $8M dollars for approximately 26 acres of property. Since that time, the property values increased from $8M to $28M in the HOB in an area that has the highest crime in the City. She announced InTown has put $2M of equity into the project fighting every stumbling block over the past three years. They were trying to compete with government to do the project. InTown went out and purchased lots because they were told to. She indicated, normally a developer takes options. Vice Chair Norem expressed some of these types 'of issues were brought up at the Florida Redevelopment Conference. The panel advised attendees not to give the Incentives up front, it comes as the development goes along. Transferring the land before a development agreement was made Could not be done. Vice Chair Norem did not support the request. Attorney Marvin Rosen explained the transactional costs would be needed and the contract was assignable. [nTown was obligated to close. The Jefferson Estate went Into contract in mld- September. Ms. Bright explained the night of the event, the board made it very clear to staff, that if they chose an entity, that the CRA became their partner. She explained she directed Ms. Vivian Brooks to call Ms. Simons, to partner as part of the inflll housing program. It was Ms. Bright's understanding there were eight Properties outside the project area and seven inside and they wanted to partner and help close the loan on the property. She received an e-mail asking the CRA to back off, Also, the project area was expanded, Now they were at a juncture where the CRA was being asked to participate In something staff already foresaw was excellent for the HOB. She clarified it was the personal representative or guardian of the estate, who tried to play InTown off of the CRA in terms of the price, The CRA backed off. She clarified now that InTown was asking for assistance, InTown could get their project off the ground and the CRA could begin their inflll housing program, Rev. Chaney was under the impression there was $350M to do the project and they would not looking to the CRA for assistance. One question he had was why It took so long for InTown to come to the CRA to work on the agreement. He thought to convey the land without a 29 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 guarantee for the CRA, then to purchase land they negotiatecJ.t:he price on and did not have the option of negotiating the price of the property, was unreasonable. Guaranteeing the loan puts the CRA dollars in jeopardy. Ms. Horenburger wanted to know if the contract for the estate was assignable, She thought it was important for the board to acquire those properties. As far as other issues regarding the partnership, she explained they do not have one yet. The CRA had not received comments back on the first draft of the development agreement. Attorney Worscheim responded the agreement called for a lot of specifics. Most projects start with the developer and/or the CRA owning the parcels. The first thing needed was to get a handle on the property. The transaction being requested was no risk to the CRA, InTown wanted to move forward as qUickly as poSSible to assemble the properties. He had not submitted the agreement because he had various questions such as how could he submit a Site Plan when they did not know what parcels they would be dealing with. He thought there could be an Interim agreement. Ms. Horenburger explained what the CRA was seeking to accomplish by naming a master developer or beginning the process, was to stop the speculation. She explained the issue about eminent domain was not entirely true. There had been discussion that the Site Plan would have to be flexible to accommodate a hold-out. The project could be redesigned to create public parking or a public space of some kind, and using condemnation as a tool. Ms. Horenburger thought if the City had been allowed to go ahead and negotiate for the whole Jefferson property, this would not be an issue. She was not sure if the CRA had legal ground, other than trying to obtain the Jefferson Estate, to convey anything to InTown, Ms. Horenburger expressed the parties needed to approach each other and deal with each other in more professional ways. Any agreement developed needs to be very clear and specific about deadlines, dellverables, requests and who communicates to who and how. Ms. Horenburger announced she was not happy with the communication and the way the project was handled over the last two months. Mr. Myott thought the development area was too big and it would be too difficult to accomplish anything In a timely manner. He thought the project should occur in an evolutionary manner. He thought it might have been a mistake linking Phase I and II. Ms. Heavilln thought the CRA and the community was sold a bill of goods. With the poSSible exception of acquiring the Jefferson parcels for the CRA's own use, she could not support any of the other requests, She questioned repayment of the monies by cash or in-kind services. She noted InTown promised many items to the community such as programs, relocation packages, and others. Even If the CRA did acquire properties, appraisals would have to be done. Ms. Heavilin did not support conveyance of the properties as a pass through and then InTown holding themselves out to the community as providing the land. She thought putting the Item before the CRA a few days before the deal would transpire was unreal. Mr. Sims expressed his disappointment. He thought the CRA would be discussing the communication Issues with InTown at this meeting. He commented the CRA board members 30 Community Redevelopment Agency Meeting MInutes Boynton Beach, FL October 25, 2006 were not privy to InTown's financials. It appeared what was'llresented was financially solvent. They put the cart before the horse and now the lenders were not giving a vote of confidence. He expressed he was not in favor of the request Motion Ms. Horenburger moved to attempt to get the contract for the Jefferson Properties assigned to the CRA if purchased by InTown. Motion died for lack of a second, Chair Tillman did not think that action was proper. The board was being presented with additional items pursuant to what they voted for in August. There were additional parameters and the CRA was being asked to intervene. Chair Tillman gave the sequence of events. He indicated they now see the developer lacked the effort and equity to be able to do what was asked of them. He indicated the CRA was trying to move away from driving up land costs. He asked if the CRA entered the pictUre as purchasing property whether it would open up another round of speculation. He thought what was initially voted on In August should not be altered. If the CRA did that, the CRA's word was no good. Ms. Horenburger thought the CRA should buy the assignment from InTown and secure the lots. That request needed to be considered at this meeting. Mr. Sims explained the CRA routinely deals with issues with developers and were very forgiving of those Issues and giving second chances. He wanted to know what InTown would do without the CRA support for the land acquisition and whether the project would be over. He thought the CRA would be disappointing the public if they did not use InTown, Rev. Chaney agreed with Mr. Sims. Nothing had been decided on and incentives could not be given without the agreement Chair Tillman thought discussion on the item should take place at another time and they did not have the baCk-up for the item. He reminded the board to be ready to move and set definable parameters. Vice Chair Norem asked what was the contract price for those 15 properties. The contract price was $3.387M+. An InTown Associate advised the only information that was relayed to the CRA was the price of the land would be raised. This was relayed to InTown through a broker. The purchase price for all the lots was $3.387M, which was not assignable, so the property would need to be acquired and then sold to the CRA. Vice Chair Norem asked whether the monies were available in the bUdget Mr. Reardon explained the board was instructed to negotiate with Ocean Breeze. There was a $10M bond to work with. The board adopted the affordable housing plan and land assembly. Going through those programs and the bid with Ocean Breeze, the CRA did not have the money. The CRA had 31 Community Redevelopment Agency Meeting MInutes Boynton Beach, FL October 25, 2006 no appraisals and Mr. Reardon was curious why the parcels ~e CRA would have to purchase constituted two thirds of the price, Attorney Spillias reviewed the structure of the transaction that was a complicated one because there was an intervening contract on the estate, which was being flipped to InTown. The CRA was under a legal obligation to provide 30 days notice any intention to transfer land before the transaction. If this were part of a master development agreement, there would be 30. days notice requirement of the CRA's intention to adopt the agreement. That requirement prevents the CRA from gOing forward on the land transfer and the commitment of any funds at this point. He clarified if Ms. Horenburger's motion was to give staff direction to seek to work out an assignment, that would be one issue; but there could not be any commitment of funds tonight. Ms. Horenburger spoke about partnerships. Her observation was the CRA and InTown were being played against each other, She did not think that was a good partnership and she would like to see that partnership changed. The entities need to be holding hands for the partnership to truly work, espeCially the CRA who was charged with protecting the public's trust. Motion Ms. Horenberger moved to ask staff to look into getting the assignment of those 15 properties so they would not be lost and speculation would not occur to the point they would be financially unable to acquire them in the future for the CRA's needs in relation to the MLK project and other affordable housing issues outside the MLK. Motion died for lack of a second. Chair Tillman thought the immediate matter should be addressed later. Motion Ms. Horenburger moved the CRA delay all other matters under consideration until such time as the CRA has a development agreement in place, other than the 15 lots. Motion died for lack of a second. There was discussion the two attorneys should be speaking with one another on a daily basis until the development agreement was worked out. Rev, Chaney asked what action the CRA could take. Chair Tillman responded the parties could come to an agreement based on the August agreement, and he further expressed hope a first draft would be ready before the next meeting. Attorney Spillias explained he had previously advised a development agreement would take three to six months, What was presented to InTown was a very, very rough first draft. He asked staff to direct the parties to give a report and a full update. He noted the moment he tumed over a document, it becomes publiC record and the CRA was trying to avoid trying to negotiate the agreement In the public. Attorney Spillias would provide monthly updates on the 32 Community Redevelopment Agency Meeting MInutes Boynton Beach, FL October 25, 2006 status of the development agreement. He advised from a-legal standpoint, InTown is not precluded from continuing to go out and trying to assemble land. There was no further discussion on the issue. X. New Business: A. Renewal of Molly's Trolley's Contract Ms. Bright reviewed the item and advised the CRA would like to keep the current operator. They piggybacked a contract with West Palm Beach and Attorney Spillias approved the contract. This contract would be for the next three years. The CRA thought the operator was doing an excellent job, She explained the CRA must have the operator as part of the traffic concurrency exception area (TCEA) , The CRA was also falling short in the affordable housing area. Motion Ms. Heavilin moved to approve renewal of the contract. Rev, Chaney seconded the motion. Ms. Heavilin rode the trOlley for an event and heard nothing but rave reviews, Ms. Bright also advised she worked in some trolley curb appeal into the contract. Ms. Horenburger asked about verbiage, She wanted to ensure the driver had an appropriate appearance. ~ A vote was taken and the motion unanimously passed. XI. Comments by Staff None. XII. Comments by Executive DIrector Ms, Bright advised she did not have a response from the members if they wanted to support the City Commission, who was amending the Art in Public Places Ordinances. She advised the change helped her quite a bit and grandfathered In some projects. Some developers were interested in in-lieu fees. She asked members to proVide her with their input. Ms. Bright reported for the Water POinte Park Project, staff was authorized to pursue parcels to expand the park, Ms. Bright asked whether the board was interested In seeing a large park and an office building on the premises, or the potential for another project to go on the site. Ms. Horenburger wanted to see a large park. Ms. Bright explained the properties were not competing with one another. The City Commission had asked City staff to conduct a comparative analysis of the projects to determine which would be better. The CRA preferred the la rge park. 33 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL October 25, 2006 Ms. Blight asked whether the board was still interested in holeing a one-day board governance workshOp perhaps in the first quarter. The board wanted to hold that workshop. XIII. Comments by CRA Board Attorney Attorney Spillias advised the CRA was involved in litigation with Jesus House of Workship, which was a lawsuit for speCific performance. The case was on the docket for trial in April. This was one of the properties for purchase in the HOB and Attorney Splllias would be meeting shortly with opposing counsel to settle the case. He was looking for guidance from the board regarding settlement strategies, settlement amounts and the cost of litigation. There would be an Attorney/Client meeting, which is closed to the public. Notice would be given and the meeting would be held November 14, 2006 at 6:00 p.m. just plior to the regular meeting. For the record, the case would be heard in the 15th Circuit Court of Palm Beach County, Case Number 502005CA 004252XXXXMB, The only individuals authorized for discussion would be the board members, the executive director and himself, The meeting would last one half hour. Mot/on Vice Chair Norem moved to authorize the closed session meeting. Ms. Heavllln seconded the motion that unanimously passed. XIV. Comments by CRA Board Ms. Horenberger invited the members to her home on October 29, 2006, between 2:00 p.m. and 5:00 p,m. for Mayor Taylor's and Adam Hasner's campaign. Ms. Horenberger requested the CRA start take the lead and start finding a location for the Boy's and Girl's club. Those clubs were discussed at the Assembly and would likely be located in the redevelopment district. She also requested the CRA work with the City on some of the east/west roads from Federal Highway to Seacrest for the low-key collector roads. She requested signs be put in different neighborhoods to start giving them Identities. Ms. Heavlln thought the Neighborhood Services Department could provide the signs. Ms. Bright would contact Neighborhood Services about the request. Rev, Chaney requested an update on the youth program funding in the HOB with the CDC. He reported the CDC was looking to receive those funds, Ms. Bright responded the CRA approved the concept and about one week ago, the CDC provided her with the written Information for the program. The program would be on the November agenda. There would be deliverables and timelines for the program. Rev. Chaney announced sometime during the Summer of 2007, his church would be bringing in between 5K to 7K people for their Congress of Christian Education. He thought this would be a great time to market affordable housing and he noted the individuals would be coming from a large area. 34 Community Redevelopment Agency Meeting Minutes Boynton Beach, FL Chair Tillman reported he was glad to participate In the Assembly process. He thought the CRA needed to work on the branding and marketing of the core downtown area, October 25, 2006 Ms. Heavllln asked whether Ms. Lynn Simmons could be put on the November agenda. Ms. Bright explained there was a whole paCket of information given to businesses who had to relocate. Ms. Heavilin pointed out Ms. Simmons had a waterfront business and asked whether the project could be phased, or if there were any place they could put her. Ms. Heavilin requested the CRA work with her or put a trailer on the dock site for her. Ms. Bright explained FEMA trailers were not allowed there and the process could last five or six months. Ms, Heavilln reported the pump station needed to be addressed. Ms, Bright advised she had already spoken with the City Manger about the issue. Mr. Sims thanked the board for the opportunity to attend the FRA conference. He learned a lot and thanked staff as well. xv. Adjournment There being no further bUSiness, Ms, Horenburger moved to adjourn. Vice Chair Norem seconded the motion that unanimously passed, Meeting adjourned at 11:03 p.m. Respectfully submitted, C . Jlt - f.4'YrL'1f Catherine Che ry-Gub rman Recording Secretary 102606 35 Best practices in creatina Public/Private Partnerships: .. Public Partner Responsibilities: Must identify development goals and resources, including commitments for inducements and incentives for prioritized projects in the plan, Under the public participation spectrum the role is to inform, consult, involve, collaborate and empower the public by utilizing these tools to increase the level of public impact. Managing expectations through the establishment of a schedule clarifies the expectations of public decision makers and is essential to public/private partnerships. Private Partner Responsibilities: It is essential that the private partner needs to be prepared for a transparent process. Although parts of the process exist in which certain information is not disclosed; however, the developer must be prepared to make its numbers, its name and itself open to pUblic scrutiny: The recognition and acceptance of this basic tenet should precede all other steps that the developer will take. If such transparency is not acceptable, the developer should walk away from the project. All parties need to articulate and agree upon the process to be followed, Agreement on the process helps ensure that partners 'hips establish effective policies and implement them efficiently and collaboratively, More importantly, a documented decision-making process increases transparency and facilitates the sharing of information about the project. The next step is the most important step Create a road map - a road map for decision making with a timeline to schedule project implementation. The road map delineates a plan of action maintained throughout the process, particularly during the implementation of entitlements, deal tenns, financing, design and planning. This step fonnalizes joint actions and party commitments to the project, consequently promoting the sharing of information, such as studies and plans; resulting in more rational decision making. Define roles & responsibilities: Typically the public partner defines the expectations for private partners, particularly in their role and capacities~ If the proposals are clear and accurate, they provide a strong framework by which parties can jointly implement a public/private partnership. Entities should assign project leaders and "go to" people to handle specific tasks, To ensure collaborative decision making, dispute resolution mechanisms should be incorporated into the process. Fonnalizing the public's role in the process also reduces the likelihood of insunnountable opposition to the partnership and its project. Create checks & balances: PubliC/Private partnerships must create and use mechanisms to allow continuous assessment of the eTfectiveness of decisions and implementation procedures. Moreover, it is essential for the partnership to incorporate new information and reassessed goals into the process, parties must allow for incremental "baby step" decision making. VI. CONSENT AGENDA: B. APPROVAL OF THE MONTHLY FINANCIAL RESULTS OCTOBER 31sT, 2006 ~~~~Y~T2~ eRA iI East Side-West S'lde-Seaside R~na'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: NOV 14, 2006 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: MONTHLY FINANCIAL REPORT SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending October 31, 2006. FISCAL IMPACT: As of October 31,2006 the CRA had received 0.43 % of expected revenue and expended 12.75 % of its appropriations for fiscal 2006-2007. RECOMMENDATIONS: NA .&i!g.,cou, T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2005 . 2006 Board Meetings\06 09 12 eRA Board meeting\Monthly Financial report.doc '" '" <: '" " c: '" CD o <: '" '" '- ~ '" '" '" " '" '" " " H " c: '" '" CD o o '" o CX> '" CX> W '" '" " " " " '" " '" " .... " " 0 " .. " '" " " .... " .... 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"'" 0< :> '" "'- ~~ g~ "':> t<" 6 l;'i' H n" " 0 0 0 00 0000 "':> '" " " 0 0 0 00 0000 '" 0 0 0 00 0000 II " " '" " Z " n " ~~ " " " "':> 0 0 II 0 00 0000 "'t< " '" 0 0 " 0 00 coo 0 " 0 0 " 0 00 0000 II ~ II " '" " ~~ " " U " " " n", 0 0 " 0 00 0000 "'''' " '" 0 0 " 0 00 0000 " 0 0 " 0 00 0000 '" '" ~ II h" '" " " 0 " 0 0 00 0000 ~"o " H",." 0 II 0 0 00 0000 ~" 0 II 0 0 00 cooo " '" VI. CONSENT AGENDA: C. APPROVAL OF BUDGET AMENDMENTS. II , fa " If:J~, ~~Y~T2~e RA . East Side-West S'lde-SeasIde R1!!na'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: IV - C. x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: APPROVAL OF BUDGET AMENDMENTS SUMMARY: Based on performance reviews subsequent to the approval of the FY06/07 Budget, and realignment of duties for the Executive Assistant, staff is recommending approval for: 1. Salary adjustments for Phyllis Zitcer and Vivian Brooks for the equivalent of 5% merit increases for the FY 06/07, and 2. Job Reclassification for Leah Ford from Executive Assistant to Administrative SeNices Manager. Documentation is attached. FISCAL IMPACT: · $9,900.00 funded via General Fund, Development Projects - 58300-200. RECOMMENDATIONS: Approval of salary adjustments and job reclassifications are requested. ~4~ SUSAN HARRIS FINANCE ASST. & HR ADMINISTRATOR T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\Budget Amendments - Salary Adjustments & Job Reclassification.doc Salary Adiustments Vivian Brooks - Planninq Director FY 06/07 Salary with 5% Increase Salary Adjustment Phvllis Zitcer - Administrative Assistant FY 06/07 Salary with 5% Increase Salary Adjustment Job Reclassification Leah Ford From: Executive Assistant To: Administrative Services Manager Salary Adjustment $,?8,200 $2,200 $35,700 $700 FY06/07 Salary $ 45,000 $ 52,000 $7,000 Total Fiscal Impact $9,900 I EXECUTIVE ASSIST ANT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTION .. TITLE: ADMINISTRATIVE SERVICES MANAGER REPORTS TO: EXECUTIVE DIRECTOR GENERAL STATEMENT OF DUTIES: Provides advanced level administrative and support services including assistance to high level executives and/or Executive Director. Responsible for completing complex and technical assignments and associated office support operations as assigned. Supervision given may involve coordinating support services workflow, providing direction of job activities to clerical support staff, and prescribing methods. The incumbent works under the direction of the Executive Director. Work is reviewed through meetings, reports, observation, and project completion. ESSENTIAL DUTIES AND RESPONSIBILITIES: .. Directs and coordinates administrative and facility management support services, including but not limited to, office clerical, telecommunications management, logistics, facilities management and maintenance, procurement, data processing, and security. Ensure safety and environmental compliance. .. Oversee maintenance and repair of office equipment, computer shared drives, data processing, electrical, telecommunications, and mechanical systems. .. Prepare and review operational reports and schedules to ensure accuracy and efficiency. Conduct and facilitate staff quality assurance meetings; maintain minutes, agendas and action items thereof. Develop, monitor and report special surveys for the CRA Board. .. Provide business and management principles for strategic planning, resource allocation, leadership, and coordination of people and resources. Coordinate business processes, research new technologies for information systems improvements. Analyze internal processes, recommend and implement policy changes to improve operational efficiencies. .. Serves as primary administrative support to Executive Director and first contact point for the Board of Directors, other officials and the general public. .. Determine needs, obtain information, set up appointment(s), address concern(s) without the Director's assistance or provide necessary information and/or materials. .. Develops schedules and maintains Executive Director's calendar. Attends Board and other public meetings as needed. Drafts original letters and other documents for Executive Director's review and signature. Proofreads and edits/revises documents Boynton Beach Community Redevelopment Agency Administrative Services Manager -1- issued from the Executive Director's office as necessary. Assists with preparation of Administrative Department section of the budget and interfaces with Assistant Director and/or Finance Department on expenditures as needed. .. · Responsible and accountable for the management of board packets, minutes, and public record requests. · Supervises Administrative Assistant and other clerical personnel. Provides work direction, supervision and ongoing responsibilities, provides training, support, and feedback. · Develops, posts, and maintains Master Calendar for CRA, including but not limited to, public meetings, workshops and conferences. . Works with other CRA staff to assist and oversee assigned project goals. Updates the Executive Director on an on-going basis (e.g., makes phone calls, tracks status of RFPs, updates strategic plan, follows up on marketing projects). · Performs various computer operations, including Desktop Publishing, Microsoft Office and other software packages. Creation and/or maintenance of Access databases for various CRA projects. Develops and updates template correspondence. · Serves as liaison with web site administrator to ensure it is maintained and updated as needed. In collaboration with Assistant Director, organizes and maintains office T Drive by determining what other files/folders are needed, consolidating, or deleting files/folders. · Coordinates meeting availability with City or other business personnel by making phone calls, checking staff s on-line calendars and finalizing appointment dates and times. . Serves as back-up to Administrative Assistant by answering incoming calls, questions, walk-ins, set up appointments or directs to appropriate staff person. · Performs other related work as required. Knowledge - Skills - Abilities · Knowledge of administrative and operational services management, management theories, practices and techniques. Relevant financial and legal background. · Ability to plan, direct, and effectively supervise the work of support staff. . Ability to provide leadership, motivation, and perform constructive performance revIews. 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APPROVAL OF 2007 BOARD MEETING DATES. ~qY~T2~ eRA III East Side-West S'ldeNSeas'lde Rena'lssance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14th, 2006 AGENDA ITEM: I x I Consent Agenda Old Business I I New Business Public Hearing Other SUBJECT: 2007 Board Meetings SUMMARY: We have submitted for your approval, a list of2007 CRA Board meeting dates with noted Federal holidays. FISCAL IMPACT: None. / / / MMENDA nONS: tion ofthe 2007 CRA Board Meeting dates. .~ SVCS MGR./EXEC. ASSISTANT T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\2006-November- 14th\Board Meeting Agenda Item (2)-lvf.doc .;........;..~<ty~T2~ eRA . East Side-West S'lde-Seas"lde Rena'lssance Potential 2007 eRA Board Meeting Dates January Monday 1st - Office Closed - New Years Tuesday 9th - CRA Board Meeting Monday 15th - Office Closed - MLK Birthday July Wednesday 4th - Office Closed - Independence Day Tuesday 10th - CRA Board Meeting February Tuesday 13th - CRA Board Meeting Monday 19th - Office Closed - President's Day August Tuesday 14th - CRA Board Meeting March Tuesday 13th - CRA Board Meeting September Monday 3rd - Office Closed - Labor Day Tuesday 11th - CRA Board Meeting Thursday 13th - Rosh Hashanah *Saturday 22nd - Yom Kippur April Tuesday 3rd - Passover Friday 6th - Good Friday Tuesday 10th - CRA Board Meeting October Monday 8th - Columbus Day (Office open) Tuesday 9th - CRA Board Meeting May Tuesday 15th - CRA Board Meeting Monday 28th - Office Closed - Memorial Day November Monday 12th - Office Closed - Veteran's Day Tuesday 13th - CRA Board Meeting Thursday 22nd - Office Closed - Thanksgiving Day Friday 23rd - Office Closed - day after holiday June Tuesday 12th - CRA Board Meeting December Wednesday 5th - Hanukkah Tuesday 11th - CRA Board Meeting Tuesday 25th - Office Closed - Christmas Day Monday 31 st - New Years Eve (Office Open) >I< Denotes Saturday or Sunday ~I U~ " z:r: ~ OJ~ z<(~ ~~ mn.E . ~o 't .u ~) I ,....' o o (\J :l' :: ,.. ~~ 0 H I I I ~.'O ,'" . ) IF }; ~ o&i '.'1 ::l ,.. <( III if .. ::l'- :: ,.. .. ::l ,.. :z II I :a: ::l .. ,.. <( III if .. .. ::l ,.. :z ~ I ,. ::l .. to< <Jj f": ~~: <( III if .. :!.! . :: C f'~ ":' ." ,{'; n ("I tr u) ro<, 0 .,., f') ~'C l.t~ 1< n h >'! 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('.1 '" \.':' r ,,:, """ 'f'l ~'J "" ,., 0 ,,, t,< ('-I ~q:1l(D q ..: ..... 0:-' {.1<'1 C". S4 ,- ("",i."I ..-<: " t-. ,,~ '" :l ,.. 2:" ,.. <;) M f.: o X z ... ~~ :l III l(,tl (t, 0'" .;"j ~.~ - ~ - ~ . r iCl ;:. t) ... ::l 2 I ,. :: ',/i -, ~, ;:. , 7, ~! ,- .. '-! ~~ <<"- " c " '.i ~ ....; - .' 1 ~O t ~ :: ~ - ~ - ... :z I % or. <( " .' .~ e-, Ct ~ - . ~~.. :) i.I.i :: !' i ~ 't/l .. -- ., ~ f ,- -, ':" ,c .' -r = 'f c. " c. ;,~ :: ':' ',,;..' ... ,~. .. - .; ~.~ '1 ""' ~"; VI. CONSENT AGENDA: E. UPDATE ON CRA BOUNDARIES. >i ~~Y~T2~ eRA . East Side-West Side-Seaside ~na'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: I X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Update of CRA Boundaries SUMMARY: Over the last few years, a number of new developments have been approved and annexed into the City in the southern portion of the CRA. However, the CRA boundaries have not been amended to include these parcels. The CRA cannot amend its boundaries. This must be done through the City. FISCAL IMPACT: Until the CRA boundaries are amended, the tax assessor cannot include them in the CRA. Therefore, TIF generated from these parcels does not accrue to the CRA. RECOMMENDATIONS: Request that the City amend the CRA boundaries to include projects approved in the unincorporated areas and as policy make CRA boundary amendments automatic with all projects that involve annexation ithin the CRA. ~ Vivian . Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\CRA Boundaries.doc VI. CONSENT AGENDA: F. RESOLUTION No. 06-02 - SPONSORSHIP FUNDING. RESOLUTION NO. 06 - 02 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO SET THE LEVEL AND METHOD OF COMMUNITY SPONSORSHII' AMOUNTS THE CRA BOARD WILL ALLOW BEGINNING NOVEMBER 01, 2006; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CRA Board wishes to set guidelines for any request for community sponsorship funded by the Agency; NOW, THEREFORE, BE COMMISSIONERS OF THE REDEVELOPMENT AGENCY: IT RESOLVED BY THE BOARD OF BOYNTON BEACH COMMUNITY SECTION 1. CRA authorizes the Executive Director to forward all requests for community sponsorship to the Board prior to disbursement, and that all approved requests adhere to the guidelines in Section 2. SECTION 2. All such requests deliver a program and/or service within the CRA district. Programs, services and events must be related to the mission and principles of the CRA in that they promote economic development within the CRA district and/or benefit residents of the Boynton Beach CRA. Programs and services benefit an identifiable population in the community redevelopment area. The Board may choose to alter these parameters at their discretion. SECTION 2a. The maximum amount of any charitable sponsorship is $1,000 per agency or organization during any calendar year. SECTION 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 4. EFFECTIVE DATE This resolution shall become effective immediately upon its passage and adoption. Board Member _ offered the foregoing Resolution and moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: HENDERSON TILLMAN, Chair STORMET NOREM, Vice-Chair I JEANNE HEA VILIN, Board Member GARN SIMMS, Board Member LANCE CHANNEY, Board Member MARIE HORENBURGER, Board Member STEVE MYOTT, Board Member .. The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Ileach, Florida, this _14h _ day of November, 2006. By: Henderson Tillman, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney 2 VI. CONSENT AGENDA: G. UPDATE ON FIVE TOWN'S COLLEGE. ,'\~f;;::;, I"~~'''...,,,., ,.~ "'''',''' r "\' ~~~~Y~T2~leRA ill East Side-West S'lde-Seas',de R!\na'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2006 K I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Development Agreement - Five Towns College (Old High School) SUMMARY: On August 8, 2006, the CRA Board selected Five Towns College as the entity to negotiate and execute a development agreement for a cultural arts college in the Old High School. This selection occurred on the heels of the fall semester for the college delaying the process a little. Five Towns is working with local architect, Bob Currie, on the renovation of the facility. Mr. Currie's initial estimate for the renovation will be approximately $7.8 million plus professional fees of $800,000 for a total of$8.6 million. Staff is working with Mr. Currie and engineering representatives to assist with an evaluation of actual construction costs. Staff will be working with Five Towns College to post a bond or escrow 10% of the projected construction costs to ensure compliance. The development agreement will include general business terms as well as side agreements for a lease/purchase provision, parking requirements and an operating agreement for the facility to ensure cultural programming. Both parties have generally agreed and staff will bring forth the development agreement as soon as possible. FISCAL IMPACT: None. MMENDAT~NS: 0- C. .~~ lsa Bright, Executive Dire None. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\2006-November-14thIFive Towns College.doc VI. CONSENT AGENDA: H. CONTRACT APPROVAL - GEOWEB FOR CRA PROPERTY DATABASE. NOV-03-2006 16:11 From: To:4098"2419"000"737325 P.2'9 ~... "",' .". ,.". ....,. ~~RY~T8\fCRA Iii East Side~West S'ldeNS~~t,ide FEnaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA HOARD :MEETING OF: NCWcll1bcr 14, 2006 AGRNllAITEM: I x I (;0116""1 Agend~ .1 Old Business New BU!lilltlSS Public Neftl"lng Olllel' SUBJECT: Approval of Contract for the Devclopment of a Geoda!abase SUMMARY: The eRA is secking to ueyelop a geodntnbase prirnnrily forth.;; pUipo~e of~col1ornic development. Thc d81abM~e will assist the eRA to l'c(:ruil ,md retain husincsses. It will also provide n tool to tr~ck commercial vacancy rales. At the October Doard meeting, ll1l;\ Board ~elel~teu Geoweh C(ln~ult Services 10 create the database. FISCAL IMP ACT; $9,9HO trom general revenue. RECOMMENDATIONS: Approve the contract with Geoweb Consult Services for the creation of a geoclatab!lse. Y&~~ eRA Plan.ing DiI'eelo. T:'AGENDAS, CONSENT AGF:NDAS, MONTHL Y REPORTS\Completed Agenda Il!;!m Rp.'ll)est rOrfrJS by Ml,IYlirl9\2006-NQvemblitr_ 14th'GeWalab~$o l;ontractdoc NDV-03-2006 16:11 From: To:4098~2419~000~737325 P.3/9 CONTRACT FOR .. DEVELOl'MENf OF GEODATABASE .. This Contract entered into this day of , 2006 by and between the BO Y NTON BEACH COMMUNJTY REDEVF.J .ol'MENT AGENCY ("eRA"), a public agency created pUr~lIant to (;hapter 163, Part 1lI of the Plorida Statutes, with a business addre~~ of 915 South Federal Highway, Boynton 'BC8l;h. Florida 33435. And Geowcb Consult Services, ("Cuntractor"), with a Dusilltl,b address of 117 SOlllh Seaerest Blvd., Boynton Beach, PI. :i3435. RECITALS WHEREAS, the purpose of the CRA is to encourage redevelopment and civic improvements in its designated area; and WHEREAS, the eRA has determined that thc development of 11 geodatabase system is cOllSistent with the CRA's goals to support redewlopment of thc are:i; and WHEREAS, the CRA, pursuant to II Request for Proposal ("RFP"), i~stIed on May 1, 2006, sought pT<lpo~31s for the creation of a geodatahlL~e system; and WTIEREA~, on Oetoher 25, 2006, the eRA ~elected Oeoweb Consult Services ("Contractor"), as the Contractor to per1()ITn the work describcd in the above referelJecd RFP; fllld WHEREAS, at it~ Nuvember 14, 2006 meeting, the CHA Buard approved Ill" Contract; and NOW THEREFORTI, in consideralion of Ule mutual promi~es, covenants, nnd agreements herein contained nnd other gOOd and val uahle considemtiou, the receipt of which is .hereby flcknowledged, it is agreed herein between the parties hereto as follows: Section 1. SCOl'J! OF WORK The work under this Conl1'aer will uulISisl uf designing a property dalabase exercising standard protocols. Thc database should be designed t.o allow tracking of eRA-owned plOperty, map property iIlventory. track real estate trends and dctermine commercial vacancy rates. The Hearl of Boyntoll Cummunity Redevelopmcnt Plan, BoyntnnBeach NDV-03-2005 15:11 From: To:4098n2419~000n737325 P.4/9 Develupm~nt AtlRs flnd the Heart of Boynton Maste,r Plans & Schcmati<.: Design shoultl be relied on for guidancc concerning planning. .. (n) Software . · ESRI ArcGiS \i.x Suit~ software product. · A Geodataba.~ with fcatur~ classes and tables with required data for analysis and IlJ~pping. (b) Prograrn.!lli!lg Requirement · Graphical user interface [or updating attribute data. · The progranuning mnst hav" the ability to either select parcel illteractivity, search through atlrihutes or query out information and map. (c) Layers The Georlatabasc Il1ust <.:ontain the followiJJg layers (fenture c.las",,,s): · The City of Boynton B~uch parcels. . 'l11e City of Boynton Beach wning. . C'~IlSUS Blu<.:kslTracts clipped to eRA area for USe Wilh analysis. . Relationship classes within lh~ C1eorlatabase for l.Juick~r Rualysis. · New layer with parcel, 7.Onin,g am] new attribllles added. o Status of Property by Parcel No.lFolio No.; o Square footage of COJllJllercial and residential property; o Types of businc8S~s n:nting commercial property; anrl () Contact informatiou for Owners/Renters. Section 2. - -.- TERM. The work to be performed uuder !.his ContrRct shall commence with i Il thirty (30) days of the Effective Date of this Contract and shall tenninate one-year year from thc effcctive date. The terill of tltis Contract may bc <.:;ttended for a one-year term if agreed to by the par(ies in wriLing. Section 3. TIMING OF' 111E WORK The time frame for completing this initial project shall be ninety (90) days from tile date work under the Contract commences (30 days from the Effective Date). The Contractor shall use reasrmuhle efforts, subject to laws, regulations, and professioual standards applicable to complete the services required in accordance with the time frames ~et forth within this Coutra<.:t. The eRA understands that the proper and timely completion of the Contractor's services hereunder requires the reasonahlc COoperation 2 NDV-03-2005 15:12 From: To:4098~2419~000~737325 P.5/9 of [he eRA am! their agents. eRA agr~~s to provide all such r~awnable cooperatiun requested by the Contractor, "' Section 4. 1> AYMEN'l'S AND CO"1PLETIQN a) The Contract sum is a nlaxi.ll1wn of $9,980,00 and including any adjustments authorized in writing hy the eRA, is lhe total amOUnt payable by the CRA to the Contractor for peIi'urmance of the work under the Contract. h) The Contractor will invoice lhe eRA fol' servi~es as work progresses and will be payable: by the CRA on ~ monthly basis suhject to satisla~toJ'Y completion of the work. Such paymcllls shall he consider~d full compensation for all labor, equipme.nt, tools, materials, and other items neecssary and incidental to complete the: wurk. c) It i~ expressly understood that any incidental or out-of-pocket costs incurred hy the Contractor are covered hy the total compensation aUtl are not to be billed ~eparately. Section 5. ADDmONAL SERVICES In the event that the CRA and the Contractor mutually agree that the Contractor will provide additional services, the term~ and total fees will negotiated sepBl'atcly for each proposed pr~jeet and will scrve a~ an atldenrlllm to this COlllract. Sectiun 6. INDEPENDENT CONSULTANT RELATlON~HJP The Contractor is, ant! shall be, in the performance 01' all work services and activities under this Contrac.t, an Indepcndent Contractor, and not a.1l employee, agent, ur servant of the eRA. All persons engaged in any of the work or service~ performed pursuant to this Contract shall, at all times, and in all places, be subject to the (:ontraclor's sole rti~cretiolJ, supervision, aOO cuntrol. The Conlractor shall exercise cont.rol over the mealls and m~nner in which it and its employees perform the wOJ'k, and in all re~pects. the Contractor's relatiomhip and the relationship of its employees to the C'RA shall be that of an IndepeudellL Contractor and not as employees OJ' agents ofthc CRA. The Conll'actor does nut have the authority to bind the CRA in any prumise, agreement, or representation other than spcciljcally provided for in this Contract. 3 NDV-03-2005 15:12 From: To:4098ij2419ij000ij737325 P.5/9 Section 7. TERMTNA TION FOR VEl<'A!)LT ~ The CRA may terminate thi.s Contract on tilteen (J 5) days wriuen notice to the Contractor, before the terminatioll date, without prejul!liee to any oilier remedy the CRA may have, when the eRA deltmnines, io its sole diseretiun, that the Contractor has failed to perfom1 its obligations 11mler the CO.lllraet amI fails to cure ~uch defaull, if curahle, within five (5) days afler receiving notice of such default. Sectiou!!. TERMINATION \VITHOVT DEFAULT The CRA may elet;t to terminate this Contract 011 nJ1.een (15) days wrineu notice to the Contractor before the termination date withollt caLIse or without pre.judice to any ot.her right or remedy. Tn such cases, the Contractor shall he paid for all we,r1\. executed up to the date of termination. . Section 9. NON-DISCRIMINATION Contractor agrees that no person shall, on tbe groLlluh of race, color, disability, national origin, religion, age, familial status, sex or sexunl orientation, be excluded from the benefits of, or be subjected 10 discrimination under any activity carried on by the Contractor, its sub-contractors, or agents, in the performanc,c of this Contrael. Should such diseri1llination oce-ur, the eRA will provide notice t.o the Contractor that il claims thel'e hl1l> beell a breach of thi~ cundition and thereafter, Contractor shall have fifteen (15) busincss days to dl~rnanl.l arbitration as to the claim of uisurimination. The parties will thel1 mutually agree ill wriliug lo an arhitrator and if they carmot agree, the rules of the Amerkltll Arbitration Association will govern. The arhitrntion will be govemed by the rules of the Amerkan Arhitration Association regardless of whctht:\T an arhitrator is agreed upon by the parties. This arbitration shall he independent of allY other actions heing taken by other govenunc-utal agencies. However, a tlllding by any agency or court that such discrimination has occurreu may be relied upon by Ille eRA as conclusive proof of a breach of this pruvision. provided such finding is final aod not appealable, If the Contractor does not demand arhitration within lifte.en (15) husiness days, or if arbitration is conducled and it is determined by the arhitrator that discrin1.inatiOI1 has occurred, the eRA shall have the right to terminate this Contract Rnd pursue any and all olher lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non-preva i ling party shall be determined by the arbitrator. Section 10, CONVICTED VENDOR LIST As provided in Sections 287.132 - 2R7.I:H, Florida Stalut~s, by entering illlo lhis Contract or performing any work in furtl1erance hereof, CUlllmclur certifies that it, aud its affiliates, contractors, ~uh-contractors or ageuls whu will pertorm hereunder, have not. been placed on the Convicted Vendor List maintained by the State of Florida 4 NDV-03-2005 15:12 From: To:409B~2419~000~737325 P.7/9 Department of Management Services within preceding tIle date of this CuntraeL t1urty-six (36) months lllllnediately .. Section 11. INs:r.~AN~E REQUlliMENTS .. The Contractor shall maintain worker's compensation and employers Iiahility insurance for all employees of the Contrac.tur's engaged in work under this Contract and in accordance with the laws of the State of Florida. The Contractor shall agree to be responsible for the employment, contrDI and conduct of its employees and for any illjUry sustainell by such employees in the conrse of (heir employment, . Sediun 12, INDEMNIFICATION -.- ---_. The Contractor shAll inc1cl1lllify, defcud, save, and hold harmless the CRA, their elected officers, agents, and employees, ti'om any and all claims, damages, losses, liabiliries. and expcnses, direct, indirect or consequenti~l arising out of, or alleged to have arisen out of, or in consequence of the service~ furnished by or uperations of the Conlraclor or his subcontractors, agents, officer,~, employees Of llldepemlent contractors pursuanl to the Contract, specifically including, but not Ijlllitcd tu, thuse cau~ed by or arising out of any intentional act, omission, negligence or detault of the Contractor and/or hi~ subcontractors. agents, servants or employees in the provision of services und",r this Contract. ~ection 13, -"",.--.-.- NOTICE Whenever either parly d\!sires to give notice to the other party as required under this Contract, il must be given by written notice sent by (1) hand delivery with a signed receipt: eii) by a recognized national courier service; or (iii) by Certified United Slates Mail, with retum receipt requested, addressell to the party for whom it is intended, at the place last specified, and the place for giving of nutice shall remain such until it shall have been changed by written notice ill compliance with thc provisions of this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: If to the eRA: Boynton Beach Community Redevelopment Agency Allll. ~ Lisa Bright, Executive Director 915 Federal Highway Boynton Beach, Florida 33435 5 NDV-03-2006 16:12 From: To:4098~2419~000~737325 P.8/9 With copy to: Kenneth G. Spillias, Esquire Lewis, Longi1l811 & Wallte" P.A. 1700 Palm B~ach Lakes Rlvd. Suite 1000 ~ W r.sT Palnl Beach, Flo ricia 33401 If to Contracror: ~ren Volarich, .President Geowch r.ollsult Services l17 South SCaCL'eSI Blvd. Boynton Beach, PL 33435 Ewry notice shall be effecTive on the date aClually received, 85 iJldicated on the rC(:~ipl thcrefore, or on th~ date cielivery thereof is rerlls~d by thc intended recipient. Sl:l:tion 14. GENERAL l'l{UVISIONS A. Entire Agreement. The CRA and th~ Contractor agrec thallhis Contract sets forth th~ entir~ Contract between the partic~ and lhnt thcre are no promiscs or understandings other than those statcd h~rein. None of thc provisions, terms and conditions contained in. the Contrac.t may b~ added to, modified, supcfsetl~il, or otherwise altered, except by writtcn instrument executed by the parties hereto. B. Exhibits. .l:iach Exhibit referred to in tbis Cunlract forms au essc:ntial part of this Contract. Any exhibils not physicnlly MtRched shall be treatcd as part of thi~ Agreement and al'e incorporated h~rein by reference. C. Severabilily. If any provision of t\lis Conlra!;t or application thereM to any p~rson or situation shall, to nny extcnt', be held invnlid Or uncnforceahle, the remaiuder of this Contract, and thc application of such provisions to per~Cus Or situations other thnn those as to which it shall have heen held invalid or unenforceabl~ shall not he affected thcreby, and shall continue il, full forc~ and effect, aud he enforced to the fullest extent permitted by Jaw. D. Headin~. The Headings herdn are for eonveniellc~ of refcrence only and shall not be considercd in any interpretation of this Cuntract. E. Attorneys' Fees. Should it be necessary to hring an action to enforce ally of the provisions of this Contract, attol'llCYs' fees and costs, including tho.le at an appellale level, shall be nwnrded to the prevailing party. F. JurisdkLiun and Venue. By the eJl.~cution of this COllLrucl, the pnrtics eXpre~sIy con~ent to persnnn J jurisdiction at' Florida State Courts. and v~nue in Pall)] JJeach County, Flurkla, for the limited pUl-pO~l;l of litigating a dispute arising out of this COlllrllcl. 6 NDV-03-2005 15:13 From: To:4098~2419~000~737325 P.9/9 G. Governiu?; Law. This Contract ~hall U~ governed \lJl{]~r the laws of the State of Florida. . H. Mooitication. This C:outract may be illutMfied only upon mntual written conscnt of all parries. 1. Assignments. Thi~ Contract Illay not be signcd withollt writl~n consent of the eRA. .T. Bitlc/inj( Authority. Each party hereby rt:presents and warrants 10 the other that each persoll execnting this Contracl on behalf uf the eRA and Contractor (or in any representative capacity) as applicahle, has lull right and lawful authority to execute this Contract ~nd to bind and obligate the parlY for whom or on whuse behalf he or $lIe is signing with rcapeCltu all provisions cuntained in this Contract. K. Effective Dale: The Effective Dale is herein defined as the datc on which the hw vur1y t:x.t:c.Ules this Conn'ac! IN WITNESS WHEREOF. the parties herdo have entered this contracl un the day and year tirsl above written. BOYNTON BEACH COMMllNITY REDEVEI,OPMEN'l' AGENCY By:_ Print Name: Lisa A. BrigJtl Its: Executive Director Dale: (Witness) By; (Wilnt:ss) Print Name: H'endcl'son Tillman Its: Chairperson Date: "CONTRACTOR" By:_. (Witness) Print Nallltl: Karen Volaricb Its: President Dale: 7 VI. CONSENT AGENDA: I. FACADE GRANT REIMBURSEMENT - C.K.'S LOCKSMITH - $15,000. '~ r'l::.\' ~~~~Y~T2~ eRA iI East Side-West S'lde-Seas';de Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2006 AGENDA ITEM: I X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Reimbursement to C.K.'s Lockshop for Commercial Fayade Grant SUMMARY: C.K.'s Lockshop was approved for a commercial Fayade Grant in the amount of $15,000 to construct an addition at the front of their building located at 301 S.E. 4th Street. The work is complete, except for painting and they are seeking reimbursement in the amount of$15,000. FISCAL IMPACT: $15,000 from general revenue RECOMMENDA nONS: Approve reimbursement in the amount of$15,000 for a Commercial Fayade Grant to C.K.'s Lockshop. ~~k~~ f3 CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\2006-November,14thlCK's Facade Reimb.doc Licensed & Insured CBC # 1252576 QB # 37673 Bold Construction, Inc. Eric David Lund I Certified Building Contractor 1017 SW 27th Avenue Boynton Beach, FL 33426 Tel (561) 738-2550 Fax (561) 738-26~ Cell (561) 870-4623 ><'-"" , ru'-,' ",'^' ~,. ,. !~~ r \: 0'0.- ,~_ ~ -, f:,; NLlVji'10f.' ['E I. ( .', , l !. ,I i ,., l(j~. : CONTRACT: '03/8/2006 TO: C.K.' s Lockshop 301 SE 4th Street Boynton Beach, FL 561-732-9418 Off. 561-737-1347 Fax RE: Addition for C.K.' s Lockshop as per prints provided by Precision Drafting & Design, lnc, Thank you for choosing Bold Construction, Inc. for the above referenced construction project. We have the human resources and strategic alliances to provide you with a final product that we know will meet or exceed your expectations. We will be available on a daily basis to keep you informed of the nrogress as well as answer any questions you may have regarding the project. The scope of work for the above referenced project shall include the following: 1) Demolition { Shoring: Remove existing stucco ceiling @ covered patio area, Supply all material and labor necessary to shore up existing covered patio roof. Supply all material and labor necessary for demolition and removal of existing concrete columns, Arches, and Tie-beam as per prints provided. Supply all material and labor for removal of existing CBS exterior wall below existing Tie-beam for access to new addition. Supply all material and labor to install new steel columns as per print provided. 2) Foundation: Supply all material and labor necessary to install new U-block concrete curb, and concrete over pour as per prints provided. 3) Exterior Bearing Walls: Supply all material and labor necessary to install new 2X6 bearing exterior walls and triple 2X10 girders, window bucks, and 4x4 wood posts as per prints provided. 4) Windows: Supply all materials and labor to install new PGT fixed glass Impact resistant windows as agreed. 5) Insulation: Supply all material and labor to install new R-30 insulation @ ceiling and R-19 insulation @ exterior walls as per print provided, 6) Electrical: Supply all electrical outlets, switches, and lighting fixtures as per print provided. 1 7) Mechanical: Supply all material and labor to install 4 (four) additional A/C drops as per new mechanical drawings provided by Wallen A/C Inc. 8) Drywall: Supply all material and labor to install new W' drywall @wallsand 5/8" drywall @ ceilin~ finished smooth, as per print provided, 8) Stucco: Supply all material and labor to install exterior stucco finish to mab::h existing complete w / new soffit vent as per print provided. 9) Paint: Paint new interior and exterior areas to match existing w / Benjamin Moore or Sherwin Williams high quality paint, 10) Debris Removal: All debris caused by Bold Const. Inc. will be removed by Bold Const. Inc. (On site dumpster to be supplied by Owner.) Job to be left in a broom swept manner daily. All work to be done in a timely and workmanIike manner for the sum of: $58-440.00 (Fifty Eight Thousand Four Hundred Forty Dollars) Draws to be as follows: Initial non-refundable retainer / deposit due at signing: , 'r long lead item deposits, permit application submittal, legwork, etc.) ulle upon obtaining Building Permit Due at completion of new concrete curb & exterior bearing wall framing: Due at completion of interior concrete overpour: Due at completion of window installation: Due at completion of rough electrical installation: Due at completion of drywall screw inspection: Due at completion of project / final building inspection: $5,ooo.oofJ 7/ 7/ ()~ $15,000.00 ,J.. iff':) {Oc. $10,000.00 f4. 6' f IIlf 0 ro $5,688,00 rt 8~3o G $5,688,00 $5,688,00 $5,688.00 $5,688.00 Exclusions: Surveys / site plans / Permit Fees Inspections or Soil Tests Engineering / architectural Landscaping/Irrigation Labor and materials for conditions not part of the above specified scope of the contract Exclusions that are performed by Contractor shall be billed to Homeowner upon completion. Price based on existing conditions meeting Engineer required 2500 PSF Soil Bearing Capacity and required elevations, Owner responsible for costs to meet conditions, (Includin~ but not limited to excavation, grading or providing fill, if they do not exist as is.) 2 Contractor shall comply with all state and local licensing and registration requirements for type of activity Involved in the specified work. Contractor is fully insured with Uability and in compliance with Workers Compensation. Contractor reserves the right t19 post a sign on job site and to use pictures of job in progress. As well as pictures of finished product for advertising purposes. Additional Agreements & Amendments: Owner and Contractor additionally agree that all agreements between Owner an4 Contractor related to the Specified work are incorporated into this agreement, All modifications to this agreement shall be in writing, agreed upon,. signed by Owner and Contractor, and built accordingly at additional cost over and above this agreement, Contractor also reserves the right to perform work that is verbally authorized by the Owner and to demand and receive payment of said work upon completion. Materials 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 specifications involving extra costs will be executed upon written or verbal authorization and will become an extra charge over and above the contract. Proposal is based upon visual inspection of property and the assumption that all existing soil and structural conditions are in good, sound condition and that existing conditions including elevations and soil bearing capacity meet architect and building code requirements. Costs to bring existing conditions up to code will be the responsibility of the Owner. Initial Contract retainer is non-refundable but will be deducted from the total Contract price. If the client defaults on any portion of this contTact, parties agree that the tenns of this contract are enforceable under Florida law and competent jurisdiction will be in Palm Beach County, Florida. Further if the Contractors forced to file suit against client for default, the Contractor is entitled and the client will be responsible for payment of Attorney's fees, suit monies and costs incurred by the ContTal:tor to enforce this contract. In addition to the standard practices 2 year implied warranty the Contractor guarantees that the construction will be of reasonable workmanlike manner and fit for the purpose intended by the Owner. All materials will be warranted to the extent that is guaranteed by the manufacturer. Any and all copies of written warranties supplied by manufacturers will be forwarded to Homeowner. Contractor to choose manufacturer and model of all supplies and materials not specified by owner. Acceptance of the agreement: Owner: ,;~;~1:~-... contract:r: i. ~ lj 12 '--.',::;.' "~7 ," Date: ,-~ .~ /, C' '-'::0 3 . 7 -() / Date: ~ Respectfully Submitted Eric David Lund, President 3 'N ft Rf,rn,:i?' TO 0'NNF:R; "YOUR FAlLUI,L TU ~;:'CCl[m ;\]OII(;E GF COM- HIE'NI.i"'EuENT : ']I'Y' flU', :1" i"J ','(~')J P/\'YIt\V" ';Wif'!';: IV IVi I ~J\ rlt~I",,..._l ,I.. ;\..~1" .."U ,VV,VN FOR IMPRO\fE~ ''f'' ,...(' .,.r '/~,un i"'''O'''ERTY Ii:' '(QU 'lkl'rndf\ "1"\ OBTAI" F' II' '''' I : .\/!['_l~';:;! ~-J "j l) .n r'~'i- r' . ~-'... !\ l t.l\LJ t \J /~ 1\ -'l\j/J.i\~tr IN'"' CONSULi' 'J/!-rH \'OliF~ LU,lUEf-1 OR ,tlN I\HORI'JEY SEr-ORE !::{ECfJiJJII\!G ..'" R ~'~~ICE "',- ~'Ol' .'f 'E! ,~ -, ''''rJ~ II . "1--, ~ I - -,.1 .' ~ '1 I"'.'~ l ,', ":'l.illl'" \:, ;~I" d!.!'~ " ; DatF j-,,rJplisd: ;'2/16/ ,_ .., J '", I .. _ ,..., _ ';.' ~.I', ..__.1.' . . "'f"" r'F '''0' 'vNT(\~r Ie ... ,', '~'./ "l '..1 g,;;o. t 1"J'. ~- (-'!. ~l .,\,..". [:UiUJING Df'WW:)[~ 06 . l"f'T.,....- IN AOOITION TO THE REOUIRWENTS OF THIS PER~\;'f. T:i~R~ MAY B: ADDiTIONAL RESTRiCT!OIiS if'PLK~f,81E i TO nlls PROPERTY THtT 'v11\Y Bi-' H.::.':'tD IN THf: FLLL~; F[TOf;DS CF "fHIS COUNTY ;';~.fD F~~]:{: ;.~i'Y I BE AOOI11()NAl PERMITS REOUiRED FRC'" OTHER GOVERNMENTAl ENTITlES SUCH AS '^\"TUi Mi\i,'/\C''i,;PT. DISTRICTS, STATE AGENCIES, 011 'T!:=""'~,'GENC:!E_S,__ _____,_,___ __,_,__.. _...J 'armit Type: "':-'llfl rid: :',:.':") "J'-'('"i. . lUXLIlING !'EIU'lIT ~SPECT'ONS AroF. '~;['JU;,:E:[..J: SEE E!~,Gf( or FEHiViIT CARD FO~;\ REm.ilREO iNSPECTlo\'!. GitJ ~~an0e_~ _ "!Y':~~:2- _ : --~--~::~-8.:'~--- _~:- _ ~tll' Dvs07 I _-.I~ :l-~_:~, ~~t-~17)?: r- 1_____ __.F'hJEk '!k/f'~~\~ :,)8! .:~ >.: "^d, to I 1,) ,}.- I ',," j 1 I .... ,____ ___ __,__--L ..--.'- .-.. t-.--;----.. -,-... Oroperty AddrB€S '''_'....",_'',_'__ _.__,_ ____'.'_7. ____._. ____"_.~.___ ___.~,___.___~:~::.:..:!l~~,.__~~ .'C\', ,x~.-: Pr6pOled 8y: (:;::(.I.',-i'i"_'I: na(d f5Si.r-;3; 4/(':;'/' 3():i. eE: 4TH :"iT nl , I , "~--'---r---- ; PCr.';Ci?:S L2QEJ P.t'-:""f'S's Subdivision Name .:3U':J t'.U.1 1. !,~T 1 ~... ;;:: ['{ I': _. ""'___'_" _._____~_,_____ __"'__._._ -__'_.'___.'_'_'_" ...L._,_.___".~..,_,."__m''''''',,_ ~r's Name/Address/Telephone ' Contrac\ot's Na:l,.;.'Addloss/License/T""'p"IOf'B GTSVQ' INC -. ...-.-- ---- ---.-j '--'BOf..~O r:ONSTRUC'TIC!I'~--'1:'i)(-;'~'_M--' 30t, at: 4TH .;'1' :UH/' (',(1 ;:'?TH ",~JE: BOYNTON BEACIi :'! ;.j:9":::I' 130\'1, rn" n;"(,!.~li 561 7:32-941:?' i !:56.1. 'i':;;('1.<!(Y'i';) J IrON BEACH.._,_ __!,JL,05:i. ~.:,(~~Q5'-f~.{,: ZJ~iJ_J ~____._____,___,,,_,__!~~.L'DJ,_;?~'i::~~Li.:Z ~2_".~ ~.18I Description : f3m\er81 r'!~rch.teGt!En~:h \<~:'" ,__.~"~"_"___' u_______.~__.-__.__._. ..._,._.v~ >>close covered entry ,L :'33"~,2(, L~~:_: !:"L.J.:::~' I"~. lJ~nstruclion . T=--~E-:r "FE --L-~,=:~- . 'I j I l Occupancy "C~=sq-,-~~t. __~-=-I'---.== 'V~~_?~~:-::~i~-"=-~l~~p~9~r~~~l~~-it~ =--=~':.=~~','_=,=.~~,~_-'-~-_ -"..=~.~ .-- R Ii' ~~3100~~! RI..n~~"M18~~-.(~Or1PtETIOi~ . ,__1.__ ,_____ ,_.-J_....___..~__. _ ._,__.._..,.... ~___""__.".. .,_.__._, lcheduleofFees THH; f'F:!\tiIT FEr r8 NOT I'EI'UNOMH",E .J.: :~(.!i.!:C: :~'i ~:J ('J , i) () n::'tli,<... 2/J6/06 REGE]'rll'~.., (I :f. ~:"i ;,? "l ~,_';:) ',}~)O(:'~) 1. 7.;).'i THER FEES I TYPE- FIRF AND LIFF: SAFFTY FLE ~Y.'.i,(.<' (>:{J TN:'3!.J;::'cr u"'-rrIf. 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'5 N : 0 1111 6 8 ~I 0 0 ,.... 0 Cl r- ~ I\J :n en ~I rn .". 8:> secUriIYfealuf8s_DetIlUsOnb&ck. ?,J -"';},:~G~ u,=o,: ;:J:;.J:"," ---~-------- PAYTOTHE OROER OF BANKATLANTlC BOYNTON BEACH. Fl 33426 267083763 FOR DEPOSIT ONLY .. BOLD ~lR.l)PTION INe ,_"~"::,,,,,,:(,::~\_:),'N,T'l!S ~_:x'S. ;1, '~,'ED ~ 'I AL H,)STlrU~l,?~' u"E v ,. ft,ij tI,l""4 !'-.l......J rr,l::Z:lL m.ot is).JO 1'--1-:1 u:,.:t-:t (\j"s'...J !i .." ^. :tl- iIllJ. (0 f'-.tl1\ll ~~2iSl \,!!~i$} _._~1__ - -f~-:~ff!~'-:~,~. ~; " ,.'"1~-' ,<or' . "!"l,,,~1' Uit-,ll -- b-'~tF l[J o 0) o I f'l ill 0 (!) Z 0) ~...lf'l Cl:tI.i' <I: (J) C>J~l[J ...l:E::(J) U<I:f'l Zl-l~ 1"""lI:V"I ., jl:"':1 . I:':':. ~~. ~;~~::: _ _'~ll.I4- - -- - -; --, ~:~~IIJ I ',,>\1 ~ai:! <I 1;t1::11 , ' _-"lIili:~t '\"". 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D..tfos.'t- ellJ ly tv M(L,+:t-OO'59 6c?364 ~ r>l ~ 11J '<t (::1 ~ r>. ~ ~ g; ~ .:(; ~ 111 0 tf-. m "film 0 ~l!l ~~[~ )7<t.: '("\ . w.....1!) ~..4!::<:t -rol)<I:(1J =10 z-....-I ~.....;c'" . N lji!f: ,:"':1 ~1!Qi'1""1 II:"'" I"".. ...~ 1:'1':, (i)~ ""1'\ " '" 0/11"'~ ,":", -;:~. ,..,' I!;'~"~ '''''.'1 ....~'" " ....... .:. 1'10", m .,.1....1 .. " '~',:t."..,..;""','- VI. CONSENT AGENDA: J. CONTRACT FOR ISSUING RFP FOR CONTINUING CONTRACT SERVICES - COREY O'GORMAN. /(~~Y~T2~ eRA . East Side-West S'lde-Seas'lde Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2006 I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: RFP for Continuing Contract Services SUMMARY: The CRA is desirous of looking for a maximum of three ongoing contracts for professional services such as architectural, landscape architectural, engineering, traffic and construction. Selecting and implementing ongoing contracts will allow the CRA to effectively utilize various professionals in the development of key projects for the agency, such as the marina renovation and more. Staff does not recommend piggybacking on existing contracts with West Palm Beach or Delray Beach CRA. It is staffs intent on selecting firms with both the knowledge and understanding of Boynton Beach's needs. FISCAL IMP ACT: $10,000 RECOMMENDATIONS: Enter into a contract with Corey O'Gorman to implement a Re t for Qualifications (RFQ) process to select professional services for ongoing ntracts. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\Corey OGorman Continuing Contract.doc ~\/;c.-, I": ~. ;..-.. ," ~~flY~T8tiIC RA iI East Side-West S'lde-Seas'lde Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2006 I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: MLK Corridor Development Agreement Update SUMMARY: As of November 9,2006, neither CRA staff nor CRA counsel received a response from InTown Partner's counsel on the Draft Redevelopment Agreement submitted to InTown's legal counsel on September 27, 2006. A meeting was held on November 3, 2006, at the CRA offices with the following persons in attendance: Tara Duhy of Lewis Longman, Greg Oravec of Culpepper & Turpening, Lee Worsham of Ruden & McClosky, Samantha Simons of InTown Partners, Barbara Rudd of Intown Partners and Lisa Bright of the CRA. The meeting was to dialog about business terms and the need for a response to the Draft Development Agreement. FISCAL IMPACT: None. RECOMMENDATIONS: None. '- ~ '-- Bright, Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\2006-November- 14th\lnTown Update. doc NOV-09-2006 10:22 From: To:4098#2419#000#737325 P.2/2 ~~~'tY~T8~ eRA . East Side-West Side~'Seas'lde Renaissance BOYNTON .BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGJ1:NO^ ITEM: I X I Cons.llt Agend. Old nn.ines. 1_.. New Bu.ine.<s Public H..rin.g. Othe.r .--1 SUBJECT: Consideration ofTIntering into Contract with Kimley-Hom a.nd Assuciates. Ilie. for regulatory monitoring of the mangrove mitigation lIrea. SUMMARY: At the October eRA Board meeting. the Board sdeeted Kimley-Horn & Assodates, Tnc. to conduct Ihe regulatory monitoring of the 11llU1grovc mitigation area at Jaycee Park. Att8t'hed is the contract [OI1!l. FISCAL IMPACT: $14,500 lllUlllally from general revenue RECOMMENDATIONS: Approve execution of!\ contract with Kimlcy-Hum & Associates. Inc. for regulatory monitoring of the mangrove mitigation area at Jaycee Park and Ihe Promenade. . C-~{d~rj)1 Vi.ian L. Brooks eRA Planlling Directol' ~ u.1lr- ../Ol. ~._ Kenneth S ia., F.sq,. eRA LEGAL COUNSEL T:V\GENOAS, CONSENT AGENDAS, MONTHLY REPORTSIComprolod Agendo Item RoquUl Forro. by M..li"gl?006.NOvomber. 14thIMongrove Menil Conlracl.doc ~~~~Y~T2~ eRA iI East Side-West Side-Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2006 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Consideration of Entering into Contract with Kimley-Horn and Associates, Inc. for regulatory monitoring of the mangrove mitigation area. SUMMARY: At the October CRA Board meeting, the Board selected Kimley-Horn & Associates, Inc. to conduct the regulatory monitoring ofthe mangrove mitigation area at Jaycee Park. Attached is the contract form. FISCAL IMPACT: $14,500 annually from general revenue RECOMMENDATIONS: Approve execution ofa contract with Kimley-Horn & Associates, Inc. for regulatory monitoring of the mangrove mitigation area at Jaycee Park and the Promenade, ~~~ /3-;{;u( CRA Planning Director Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\2006-November- 14th\Mangrove Monit Contract.doc CONTRACT FOR REGULATORY MONITORING OF MANGROVE MITIGATION AREA i This Contract entered into this day of November, 2006 by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a business address of915 South Federal Highway, Boynton Beach, Florida 33435. And Kimley-Hom and Associates, Inc. ("Consultant") with a business address of 10521 S.W. Village Center Drive, Suite 103, Port St. Lucie, Florida 34987. RECITALS WHEREAS, the CRA was issued South Florida Water Management District Permit 50-04166-P and United States Army Corps of Engineers Permit SAJ-2004- 1205(IP-JBH) for work which includes the filling of 0.26 acres ofmature mangrove forest to construct a cul-de-sac and pedestrian promenade; and WHEREAS, as a condition to the above referenced permits, the CRA is responsible for mitigating the impacts of the project which includes the maintenance and monitoring of two preserves totaling 1.04 acres; and WHEREAS, the CRA, pursuant to a Request for Proposal ("RFP"), issued on August II, 2006, sought proposals for the required monitoring of a 0.57 mangrove mitigation area and a 0.3 acre native upland/wetland buffer at Jaycee Park; and 0.17-acre of native upland/wetland buffer at Boynton Beach Promenade. WHEREAS, on October 25,2006, the CRA Board selected Kimley-Horn and Associates, Inc. as the Consultant to perform the work described in the above referenced RFP; and WHEREAS, at its November 14, 2006 meeting, the CRA Board approved this Contract. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: Section I. SCOPE OF WORK The work will consist of the monitoring and required regulatory reporting on the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per South Florida Water Management District ("SFWMD") Permit 50-04166-P (See Exhibit "A" attached hereto) and United States Army Corps of Engineers ("USACE") Permit SAJ-2004-1205(IP-JBH) (See Exhibit "B" attached hereto) T: \PLANNINGIBB Blvd. Promenade\Contractjor Mangrove Monitoring.doc and revised Monitoring Schedule (Exhibit "c" attached hereto). The scope of the work is set forth in detail below: A. Baseline Monitoring. The Consultant will monitor all mitigation are,as at Jaycee Park created as a result of the projects permitted in USACE and the SFWMD referenced above. Baseline monitoring will be performed for the wetland creation area and upland/wetland buffer within thirty (30) days from Notice to Proceed. This area shall have one transect established to evaluate vegetation type, percent cover, and to quantify baseline conditions. Transects will be set up for each of the mitigation areas in accordance with Exhibit 3.0e and Exhibit 3.0g of the above referenced permits. Photograph stations shaIl be established at intervals sufficient to quantify and document significant changes in the wetland areas. B. Subsequent Monitoring. FoIlowing baseline monitoring, the wetland creation area will be monitored semi-annuaIly (May and October) for the first three (3) years and annually for the next two (2) years and/or until the success criteria is met. The project will be considered successful if there is 85% coverage of desirable wetland species within three (3) years. C. Monitoring Reports. The monitoring reports as required under the USACE and SFWMD permits wiIl consist of the foIlowing: 1. Vegetative species present and percent cover; 11. Water level measurements; 111. Qualitative assessment of plant health; tv. Presence of invasive/exotic vegetation. Other information that shaIl be gathered during the monitoring events includes documentation of wildlife utilization, representative photographs, and recommendations for corrective actions to meet success criteria. The initial baseline monitoring report shall be submitted to the CRA, the USACE South Permits Branch in Palm Beach Gardens, Florida and the USACE Enforcement Section in Jacksonville, as weIl as the SFWMD Environmental Resource Compliance Division in West Palm Beach. After monitoring is complete, Consultant will conduct one onsite meeting with the SFWMD and the US ACE to confirm that the monitoring requirements have been completed. In the event the success criteria (85 % cover of desirable wetland species within the wetland creation area and 85 % cover of desirable transitionaVupland plant species in the buffer) are not met after five years, additional monitoring beyond the five (5) years provided for herein would be considered. However, any additional monitoring would be considered an additional service and falls outside the scope of this Contract. Section 2. TERM Work on this project must begin within thirty (30) days from Notice to Proceed of the T:\PLANNINGIBB Blvd. PromenadelContractfor Mangrove Monitoring.doc 2 wetland area and the upland/wetland buffer. The CRA will provide written notice to the Consultant as to this date. The services under this contract shall be performed on a yearly basis over a five-year term, beginning on the Effective Date. Section 3. PAYMENTS AND COMPLETION a) The contract sum is $14,500.00. The total amount payable by the CRA to the Consultant for the labor necessary for performance of the work under this contract and in addition to any adjustments authorized in writing by the CRA. b) Such payment shall be considered full compensation for all labor, equipment, tools, materials, and other items necessary and incidental to complete the work. . c) Progress payments will be made monthly subject to satisfactory completion of the work. d) Photographs shall be taken throughout the term of the contract to document the work. Photographs shall be a size of 4" x 6" or digital. The photographs shall be logged clearly identifying the job and the subject matter of the photograph. The log and photographs shall be submitted to the CRA with each invoice. e) Invoices submitted for work completed shall be paid within thirty (30) days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. /) Final payment under the Contract will not be made until the CRA has evaluated the work and determined that the quality and completeness of the work is in accordance with the Contract, except that payment would be made within sixty (60) days of receipt of the final invoice. Section 4. TERMINATION FOR DEFAULT The CRA may terminate this Contract on fifteen (15) days written notice to the Consultant, before the termination date, without prejudice to any other remedy the CRA may have, when the CRA determines, in its sole discretion, that the Consultant has failed to perform its obligations under the Contract and fails to cure such default, if curable, within five (5) days after receiving notice of such default. Section 5. TERMINATION WITHOUT DEF AUL T The CRA may elect to terminate this Contract on fifteen (15) days written notice to the Consultant before the termination date without cause or without prejudice to any other right or remedy. In such cases, the Consultant shall be paid for all work executed up to the date of termination, Section 6. NON-DISCRIMINATION Consultant agrees that no person shall, on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by the Consultant, its sub-Consultants, or agents, in the performance of this Contract. Should such discrimination occur, the CRA will provide notice to the Consultant that it claims T:1PLANNING1BB Blvd. PromenadelContractfor Mangrove Monitoringdoc 3 there has been a breach of this condition and thereafter, Consultant shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by, the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If the Consultant does not demand arbitration within fifteen (15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination has occurred, the CRA shall have the right to terminate this Contract and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. Section 7. CONVICTED VENDOR LIST As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, Consultant certifies that it, and its affiliates, Consultants, sub-Consultants or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date of this Contract. Section 8. INSURANCE REOUlRMENTS The Consultant shall maintain worker's compensation and employers liability insurance for all employees of the Consultant's engaged in work under this Contract and in accordance with the laws ofthe State of Florida. The Consultant shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. Section 9. INDEMNIFICATION The Consultant shall indemnify, save, and hold hannless the CRA, their elected officers, agents, and employees, from any and all claims, damages, losses, liabilities, and expenses, direct, indirect or consequential to the extent caused by the negligent acts, errors, omissions, or intentional misconduct of the Consultant or his subconsultants, agents, officers, employees or independent Consultants pursuant to the Contract. Section 10. NOTICE Whenever either party desires to give notice to the other party as required under this Contract, it must be given by written notice sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested, addressed to the party for whom it is intended, at the T:\PLANNING\BB Blvd. Promenade\Contractfor Mangrove Monitoring.doc 4 place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Lisa Bright, Executive Director 915 Federal Highway Boynton Beach, Florida 33435 With copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 If to Consultant: Kimley-Horn and Associates, Inc. 10521 SW Village Center Drive, Suite 103 Port St. Lucie, Florida 34987 Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section I I. GENERAL PROVISIONS A. Entire Agreement. The CRA and the Consultant agree that this Contract sets forth the entire Contract between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. B. Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. C. Severability. If any provision of this Contract or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings. The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Contract. T:\PLANNINGIBB Blvd. PromenadelContractfor Mangrove Monitoring.doc 5 E. Attornevs' Fees. Should it be necessary to bring an action to enforce any of the provisions of this Contract, attorneys' fees and costs, including those at an appellate level, shall be awarded to the prevailing party. , F. Jurisdiction and Venue. By the execution of this Contract, the parties expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm Beach County, Florida, for the limited purpose of litigating a dispute arising out of this Contract. G. Governing Law. This Contract shall be governed under the laws ofthb State of Florida. H. Modification. This Contract may be modified only upon mutual written consent of all parties. I. the CRA. Assignments. This Contract may not be signed without written consent of J. Binding Authoritv. Each party hereby represents and warrants to the other that each person executing this Contract on behalf of the CRA and Consultant (or in any representative capacity) as applicable, has full right and lawful authority to execute this Contract and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Contract. K. Effective Date: The Effective Date is herein defined as the date on which the last party executes this Contract. Section 12. STANDARD OF CARE In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstaI\ces, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and its is agreed that the Consultant is not a fiduciary with respect to the CRA. Section 13. USE OF DOCUMENTS All documents, including but not limited to drawings, specifications, reports, and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the CRA has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the CRA or others on extensions of this project or on any other project. Any modifications made by the CRA to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the CRA's sole risk and without T:\PLANN/NG\BB Blvd. PromenadelContractfor Mangrove Monitoring.doc 6 liability to the Consultant, and the CRA shall indemnifY, defend and hold the Consultant harmless from ail claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the CRA and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the CRA, and use of them is at the CRA' s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the CRA has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. T:IPLANNINGlBB Blvd. PromenadelContractfor Mangrove Monitoring.doc 7 IN WITNESS WHEREOF, the parties hereto have entered this contract on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Witness) Print Name: Lisa A. Bright Its: Executive Director Date: By: (Witness) Print Name: Henderson Tillman Its: Chairperson Date: "CONSULTANT" By: (Witness) Print Name: Its: Date: T:\PLANN1NGIBB Blvd. Promenade\Contractfor Mangrove Monitoring.doc 8. NDV-09-2006 15:13 From: To:409B~2419~000~737]25 P.]'] ~1~~Y~T8~ eRA . East Side-West Slde~Seaside Ri!na'lssance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: x I COIlfCt:..l A .enda Old Bu.ine.. New Dusine$5 Public Hc.aring ,- Other SUBJECT: Considemtion of Entcring into Contract with Native T~dlllologies, Inc. lor maintenWlce of the mangrove m,itigalion area SUMMARY: At the October eRA Board meeting, the BottJ'd selected Native Technologies to maintain the ffiWlgrove mitigation area at Jaycee Park. Attached is the contract form. FISCAL IMPACT: $97,015.20 or $1,616,')2 per month for (iO mOI)ths. RECOMMENllATIONS: Approve execution of n contract with Native Technologies, Inc. for maintenance of the mangrove mitigation area at Jaycee Park. ct~/(L Vi\lian L. llrooks eRA Planning DiI'cctol' ~~./;wy~ eRA LEGAL COUNSEL T'\AGEIIIDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Requost Forms by M..tingIFV ,006-2007 EOQrd Moetingsl06 l' 14 eRA Boord meeting - NovomborIM.ngrove Mllnl Contract.doc CONTRACT FOR MANGROVE MITIGATION AREA MAINTENANCE This Contract entered into this day of November, 2006 by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435. And Native Technologies, Inc. ("Contractor"), with a business address of 814 S. Military Trail, Deerfield Beach, FL 33442. RECITALS WHEREAS, the CRA was issued South Florida Water Management District Permit 50-04166-P and United States Army Corps of Engineers Permit SAJ-2004- 1205(IP-JBH) for work which includes the filling of 0.26 acres of mature mangrove forest to construct a cul-de-sac and pedestrian promenade; and WHEREAS, as a condition to the above referenced permits, the CRA is responsible for mitigating the impacts of the project which includes the maintenance and monitoring of two preserves totaling 4.85 acres; and WHEREAS, the CRA, pursuant to a Request for Proposal ("RFP"), sought proposals for the required maintenance of a 0.57 mangrove mitigation area and a 0.3 acre native upland/wetland buffer and the mangrove area adjacent to the Boynton Beach Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton Beach; and WHEREAS, on October 25, 2006, the CRA Board selected Native Technologies, Inc. as the Contractor to perform the work described in the above referenced RFP; and WHEREAS, at its November 14, 2006 meeting, the CRA Board approved this Contract; and NOW THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: Section 1. SCOPE OF WORK The work will consist of the maintenance on the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per South Florida Water Management District ("SFWMD") Permit 50-04166-P (See Exhibit "A" attached hereto) and United States Army Corps of Engineers ("USACE") Permit SAJ- 2004-1205(1P-JBH) (See Exhibit "B" attached hereto) and revised Monitoring Schedule (Exhibit "c" attached hereto). The scope of the work is set forth in detail below: A. The control of exotic and nuisance vegetation maintained below 5% of the total vegetative cover within the mitigation area, using the best available technology for the control of these species. B. The removal of trash and/or other debris within the mitigation area as necessary. C. Any additional maintenance as may be required by the CRA pursuant to Section 4.0.e. A maintenance report detailing the maintenance activities must be provided to the CRA on the last day of every month, Section 2. TERM Work on this project must begin within thirty (30) days of the completion of the construction of the wetland area and the upland/wetland buffer. The CRA will provide written notice to the Contractor as to this date. The services under this contract shall be performed on a monthly basis for a period of five years, beginning on the Effective Date. Section 3. PAYMENTS AND COMPLETION a) The total swn to be paid under this Contract is $97,015.20, or $1,616.92 per month for 60 months. b) Payments will be made monthly subject to satisfactory completion of the work. c) Photographs shall be taken throughout the term of the contract to docwnent the work. Photographs shall be a size of 4" x 6" or digital. The photographs shall be logged clearly identifying the job and the subject matter of the photograph. The log and photographs shall be submitted to the CRA with each invoice. 2 Section 4. e) Section 5. ADDITIONAL TERMS a) The Contractor shall not be responsible for acts beyond its reasonable control, adverse soil and/or water quality, or negligence by others including inappropriate engineering or design. b) The CRA shall be responsible for obtaining and paying for any and all permits required for the above stated work prior to commencement qf the work. c) Invoices submitted for work completed shall be paid within thirty (30) days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. d) In the event that additional plants, vines, trees, etc. are added to the FLEPPC "List of Invasive Species," the Contractor reserves the right to request adjustments to this Contract if additional work is required. The Contractor agrees to provide additional exotic maintenance services, if requested by the CRA, at a rate of $224.04 per hour. TERMINATION FOR DEFAULT The CRA may terminate this Contract on fifteen (15) days written notice to the Contractor, before the termination date, without prejudice to any other remedy the CRA may have, when the CRA determines, in its sole discretion, that the Contractor has failed to perform its obligations under the Contract and fails to cure such default, if curable, within five (5) days after receiving notice of such default. Section 6. TERMINATION WITHOUT DEFAULT The CRA may elect to terminate this Contract on fifteen (15) days written notice to the Contractor before the termination date without cause or without prejudice to any other right or remedy. In such cases, the Contractor shall be paid for all work executed up to the date of termination. Section 7. NON-DISCRIMINATION Developer agrees that no person shall, on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by the Contractor, its sub-contractors, or agents, in the performance of this Contract. Should such discrimination occur, the CRA will provide notice to the Contractor that it claims there has been a breach of this condition and thereafter, Contractor shall have fifteen 3 (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such fmding is final and not appealable. If the Contractor does not demand arbitration within fifteen (15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination has occurred, the CRA shall have the right to terminate this Contract and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. Section 8. CONVICTED VENDOR LIST As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, Contractor certifies that it, and its affiliates, contractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date of this Contract. Section 9. INSURANCE REQUlRMENTS The Contractor shall maintain worker's compensation and employers liability insurance for all employees of the Contractor's engaged in work under this Contract and in accordance with the laws of the State of Florida. The Contractor shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. Section 10. INDEMNIFICATION The Contractor shall indemnify, defend, save, and hold harmless the CRA, their elected officers, agents, and employees, from any and all claims, damages, losses, liabilities, and expenses, direct, indirect or consequential arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of the Contractor or his subcontractors, agents, officers, employees or independent contractors pursuant to the Contract, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of the Contractor and/or his subcontractors, agents, servants or employees in the provision of services under this Contract. 4 Section 11. NOTICE Whenever either party desires to give notice to the other party as required under this Contract, it must be given by written notice sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions o~ this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Lisa Bright, Executive Director 915 Federal Highway Boynton Beach, Florida 33435 With copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 If to Contractor: Robert B. Miller Native Technologies, Inc. 814 S. Military Trail Deerfield Beach, FL 33442 Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section 12. GENERAL PROVISIONS A. Entire Agreement. The CRA and the Contractor agree that this Contract sets forth the entire Contract between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. B. Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 5 C. Severability. If any provision of this Contract or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings. The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Contract. E. Attorneys' Fees. Should it be necessary to bring an action to enforce any of the provisions of this Contract, attorneys' fees and costs, including those at an appellate level, shall be awarded to the prevailing party. F. Jurisdiction and Venue. By the execution of this Contract, the parties expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm Beach County, Florida, for the limited purpose of litigating a dispute arising out of this Contract. G. Governing Law. This Contract shall be governed under the laws of the State of Florida. H. Modification. This Contract may be modified only upon mutual written consent of all parties. I. Assignments. This Contract may not be signed without written consent of the CRA. J, Binding Authority, Each party hereby represents and warrants to the other that each person executing this Contract on behalf of the CRA and Contractor (or in any representative capacity) as applicable, has full right and lawful authority to execute this Contract and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Contract. K. Effective Date: The Effective Date is herein defined as the date on which the last party executes this Contract. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 6 IN WITNESS WHEREOF, the parties hereto have entered this contract on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Witness) Print Name: Lisa A. Bright Its: Executive Director Date: By: (Witness) Print Name: Henderson Tillman Its: Chairperson Date: "CONTRACTOR" By: (Witness) Print Name: Its: Date: 7 NDV-09-2006 15:13 From: To:4098~2419~000~737325 P.2/3 I .':'..~ " '" 1~~~Y~Te~ eRA . East Side~West Side~Seaside Renaissance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: Nowmbcr 14, 2006 i\G!l;NI>A ITEM: I xi--- Co'~;;nt AKenda Uld JJU!ln~5S New B-ll:lillesb" Publl~ Hearin!: Olllcr SUBJECT: Consideration of a contract with Burkhflrdt Construction for annualmaintcmulCe of the Boynton Beach nlvd. Promenade SUMMARY: At thc October 2006 eRA Board meelir~ Burkhardt Construction wns selected to provide maintcllanc~ of the hardscape elements at the Boynton Beach Blvd. Promenade. Attached is the contract form. FISCAL IMPACT: $110,720 from general revenue. RECOMMENDATIONS: Appruvc exc~llliun of II conlr'oI.Ct with Burkhardt Construction, Inc. for ulailltenance of the hal'dscapc elements at the Boynton Beach Blvd. Promenade. ~~ Vivian L. Brooks CRA Director -fN- T:IAGIONDAS. CONSENT AGENDAS, MQNTHL Y R~PORTS\Compl""'d Agenda Item Requast Form. by Miootlo9\2006-Novombcr_ 14ttl\Promon'do MOlnt. 8ur~Qrdl.d"c CONTRACT FOR MAINTENANCE OF BOYNTON BEACH BOULEVARD PROMENADE STREETSCAPE ELEMENTS This Contract entered into this day of November, 2006 by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435. And Burkhardt Construction, Inc. ("Contractor"), with a business address of 1400 Alabama Avenue, Suite 20, West Palm Beach, FL 33401. RECITALS WHEREAS, the CRA has recently constructed a vehicular and pedestrian area located at Boynton Beach Boulevard east of Federal Highway in Boynton Beach, Florida; and WHEREAS, the CRA, pursuant to a Request for Proposal ("RFP"), issued on August 11, 2006, sought proposals for the maintenance of Boynton Beach Boulevard Promenade Streetscape Elements; and WHEREAS, on October 25, 2006, the CRA Board selected Burkhardt Construction, Inc. as the Contractor to perform the work described in the above referenced RFP; and WHEREAS, at its November 14, 2006 meeting, the CRA Board approved this Contract; and NOW THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: Section 1. SCOPE OF WORK The work under this Contract will consist of the following: A. Pressure Washinl!:. Pressure washing must be performed at least four (4) times per year. The following is a list of the areas within the Promenade which must be pressure washed. . concrete sidewalks . sidewalk pavers . roadway pavers . landscape planters . seating walls . furuishings . privacy walls B. Routine Maintenance. Routine maintenance must be performed four (4) times per year consisting of: (1) the inspection and maintenance of electrical and irrigation systems; (2) the replacement of broken or damaged sidewalk and roadway pavers; (3) the replacement of broken or damaged landscape planter and seating wall pavers; and (4) the replacement of lightbulbs. C. Monthly Maintenance. The stainless steel cables and railing must be inspected and any necessary maintenance performed one time per month and the stainless steel handrail must be polished one time per month. D. Additional Maintenance. During the term of this Contract, additional maintenance may be required as determined by the CRA. Any such additional maintenance will be compensated as set forth in Section 6 of this Contract. Section 2. TERM The work to be performed under this Contract shall commence within thirty (30) days of the Effective Date of this Contract and shall expire three (3) years from the Effective Date of this Contract. Section 3. TIMING OF THE WORK The Contractor shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to complete the services required in accordance with the time frames set forth within this Contract. The CRA understands that the proper and timely completion of the Contractor's services hereunder requires the reasonable cooperation of the CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the Contractor. Section 4. PAYMENTS AND COMPLETION a) The Contract sum is a maximum of $110,720.00 dollars per year, and including any adjustments authorized in writing by the CRA, is the total amount payable by the CRA to the Contractor for performance of the work under the Contract. 2 b) The measurement for payment for the services required under this Contract is lump sum. Such payments shall be considered full compensation for all labor, equipment, tools, materials, and other items necessary and incidelltal to complete the work. c) The Contractor will invoice the CRA for services as work progresses and will be payable by the CRA on a quarterly basis subject to satisfactory completion of the work. d) It is expressly understood that any incidental or out-of-pocket costs incurred by the Contractor are covered by the total compensation and are not to be billed separately. e) The fee schedule for additional services IS attached hereto as Exhibit "A." t) Invoices received from the Contractor pursuant to this Contract will be reviewed and approved by the CRA Director of Finance and are subject to inquiry and revisions based upon work performed. Section S. ADDITIONAL TERMS a) Any and all materials for extra work will be billed at actual invoice amount plus 15% overhead and 10% profit (Examples: screed sand, mortar, pavers, etc.). b) Landscape and irrigation maintenance is being performed by others and is not included in the Contract. c) The services under this Contract do not cover emergency/severe weather cleanup. Section 6. ADDITIONAL SERVICES In the event that the CRA and the Contractor mutually agree that the Contractor will provide additional services, the terms and total fees will negotiated separately for each proposed project and will serve as an addendum to this Contract. Section 7. INDEPENDENT CONSULTANT RELATIONSIDP The Contractor is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the CRA. All persons engaged in any of the work or services performed pursuant to this Contract shall, at all times, and in all places, be subject to the Contractor's sole discretion, supervision, and control. 3 The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor's relationship and the relationship of its employees to the CRA shall be that of an Independent Contractor and not as employees or agents of the CRA. The Contractor does not have the authority to bind the CRA in any promise, agreement, or representation other than specifically provided for in this Contract. Section 8. TERMINATION FOR DEFAULT The CRA may terminate this Contract on fifteen (15) days written notice to the Contractor, before the termination date, without prejudice to any other remedy the CRA may have, when the CRA determines, in its sole discretion, that the Contractor has failed to perform its obligations under the Contract and fails to cure such default, if curable, within five (5) days after receiving notice of such default. Section 9. TERMINATION WITHOUT DEFAULT The CRA may elect to terminate this Contract on fifteen (15) days written notice to the Contractor before the termination date without cause or without prejudice to any other right or remedy. In such cases, the Contractor shall be paid for all work executed up to the date of termination. Section 10. NON-DISCRIMINATION Developer agrees that no person shall, on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by the Contractor, its sub-contractors, or agents, in the performance of this Contract. Should such discrimination occur, the CRA will provide notice to the Contractor that it claims there has been a breach of this condition and thereafter, Contractor shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other goverumental agencies. However, a finding by any agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If the Contractor does not demand arbitration within fifteen (15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination has occurred, the CRA shall have the right to terminate this Contract and pursue any and all other lawful remedies. The cost of such arbitration shall be borne 4 by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. Section 11. CONVICTED VENDOR LIST As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, Contractor certifies that it, and its affiliates, contractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Fl.orida Department of Management Services within thirty-six (36) months irmnediately preceding the date of this Contract. Section 12. INSURANCE REQUlRMENTS The Contractor shall maintain worker's compensation and employers liability insurance for all employees of the Contractor's engaged in work under this Contract and in accordance with the laws of the State of Florida. The Contractor shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. Section 13. INDEMNIFICATION The Contractor shall indemnify, defend, save, and hold harmless the CRA, their elected officers, agents, and employees, from any and all claims, damages, losses, liabilities, and expenses, direct, indirect or consequential arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of the Contractor or his subcontractors, agents, officers, employees or independent contractors pursuant to the Contract, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of the Contractor and/or his subcontractors, agents, servants or employees in the provision of services under this Contract. Section 14. NOTICE Whenever either party desires to give notice to the other party as required under this Contract, it must be given by written notice sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or Oil) by Certified United States Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: 5 If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Lisa Bright, Executive Director 915 Federal Highway Boynton Beach, Florida 33435 With copy to: Keffileth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 If to Contractor: Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section 15. GENERAL PROVISIONS A. Entire Agreement. The CRA and the Contractor agree that this Contract sets forth the entire Contract between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. B. Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. C. Severability. If any provision of this Contract or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings. The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Contract. 6 E. Attorneys' Fees. Should it be necessary to bring an action to enforce any of the provisions of this Contract, attorneys' fees and costs, including those at an appellate level, shall be awarded to the prevailing party. F. Jurisdiction and Venue. By the execution of this Contract, the parties expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm Beach County, Florida, for the limited purpose of litigating a dispute arising out of this Contract. G. Governing Law. This Contract shall be governed under the laws of the State of Florida. H. Modification. This Contract may be modified only upon mutual written consent of all parties. I. Assigmnents. This Contract may not be signed without written consent of the CRA. J. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Contract on behalf of the CRA and Contractor (or in any representative capacity) as applicable, has full right and lawful authority to execute this Contract and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Contract. K. Effective Date: The Effective Date is herein defined as the date on which the last party executes this Contract. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 7 IN WITNESS WHEREOF, the parties hereto have entered this contract on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Witness) Print Name: Lisa A. Bright Its: Executive Director Date: By: (Witness) Print Name: Henderson Tillman Its: Chairperson Date: "CONTRACTOR" By: (Witness) Print Name: Its: Date: 8 EXHIBIT "A" Fee Schedule for Additional Maintenance Laborer $25.00 Crew Truck $10.00 Equipment Operator $40.00 Foreman/Supervisor $65.00 Paver Maintenance $48.00 Electrician $75.00 Bucket Truck (w/crew) $195.00 Wheel Loader $50.00 Bobcat $40.00 9 VII. PUBLIC HEARING: NEW BUSINESS A. Public Notice of Intent to Dispose of Real Property identified as Lots 452 and 453, Cherry Hills NOV-07-2006 18:20 From: To:4098~2419~000~737325 P.2/2 .~~ ~~NY~T8W;RA . East Side-West S',de-Seaside Renaissanco BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD .MEETING o.F: November 14,2006 AGENDA ITEM: I I Co.~~ent ARends Old BURlness -.._.L New Buoin... .1. X I Pl.l~lic H~arlDR Ollie;' 1 SUBJECT: Public Notice of Intent to Dispose of Rt:il1 Property identified as Lot~ 452 and 453, Cherry IIiIl~, i.tccol'ding to [hI:: plat thereot; M f"Ccordt'd in Plat Book 4. Page 5R of the Publie Rccunls of Palm Beach COunLy, Florida SUMMARy: The eRA owns a vacant lut lucated on NW 1.2''' A~~lue in the Chen-y Hill neighborhood ofHOl:l. A~ parr of the iluopted IIOD Work Progrmn, it i.~ proposed that the CRA donatc the property to the Suuth Palm Beach Habitat lor Hwnanity in order to construct II new affordable sillg1c-tamily home. Pursuant to Scetion 163.380, Florida Stanlles, when propel1,y is disposed of by a CRA for less than the fail' value, such disposition requites the approv~l of the Board at II duly noticed public bearing. Tfthe BollId approves this transfer at this pUhlic hearing, staffwill immediately comlllcncc with publishing notice of thi~ intended transfer, and if, after 30 days of publication ofnoticc, no other developers have Submitted proposals, the transfer ~hD.1I become cffective and an agreement shnll be cxccuted with the South Palm Beach Habitat for Humanity. FJSCAL IMPACT: None. RECOMMENDATIONS: Staffrecommends approval of the disposal of the land identi1ied as r .ots 452 Ilnd 453, Cherry Hills, ac~ording Lo the plat thereof, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Bl:.ach County, Floridn by dating it to the South Palm Beach Hnbitat for Hum' i .or redevelopment. ~~ ~ , T:\AGENDAS, CONSE'NT AGENDAS, MONTl-IL Y REPORTSICurnplotold Agonda Itom RoquOQI Foml. by MeoUngI200G.Nov.mbor. 14lhll'ubllc He.ring Rothm.n (21.doc ~ South Palm ..ach County, Inc. ~ Habitat ", " for Humanity@ 100 E. Linton Blvd., Suite 203A Delray Beach, Florida 33483 (561) 819-6070 (561) 819-0173 Fax www.hfhboca.org Gl fDllll~OUllllG LENDER .. October 9, 2006 Boynton Beach Community Redevelopment Agency Heart of Boynton Single-Family Infill Development #1 Enclosed is our proposal for "Heart of Boynton Single-Family Infill Pociana Heights", Habitat for Humanity South Palm Beach has the ultimate goal to eliminate poverty housing and homelessness from the face of the earth by building adequate and basic housing. Furthermore, all of our words and actions are for the ultimate purpose of putting shelter on the hearts and minds of people in such a powerful way that poverty housing and homelessness become socially, politically and religiously unacceptable in our nations and world. With this in mind, it is our expectation that with design changes to accommodate the City of Boynton Beach plamling and zoning we can build the homes you want to see for $125,000 or less. Our reputation precedes us and the opportunity to build homes for you in "Poinciana Heights" is an exciting opportunity for our affiliate to show off what nice affordable housing can look like and how the families selected to live in these homes can maintain a beautiful home in a wonderful area. Habitat For Humanity finances the homes through donations and sells the homes to the owners interest free for up to 30 years. Thank you for the opportunity. We look forward to working with your organization in the future. Sincerely ~./r at! Michael E. Campbell Executive Director TO: Community Redevelopment Authority ~ Boynton Beach FROM: ~ South Palm Beach County, Inc. · .. Habitat , for Humanity@ HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. 100 East Linton Boulevard, Suite 203A Delray Beach, FL 33483 October 9, 2006 Building Hope, Lives and Dreams CRA of Boynton Beach & HABITAT FOR HUMANITY PARTNERSmp PROPOSAL Habitat for Humanity of South Palm Beach County, Inc. 100 East Linton Boulevard, Suite 203A Delray Beach, FL 33483 Telephone: (561) 819-6070 Facsimile: (561) 819-0173 www.hfhboca.org .. Michael Campbell Execlltive Director Contact: Michael E. Campbell 561-819-6070 Program Cost: $125,000.00 per home Poinciana Heights Time period: Winter of2007 Type of support requested: Project support for the construction of a Habitat for Humanity home for a low-income family. The process and program have proven successful year after year since the inception of the Habitat for Humanity of South Palm Beach County, Inc. affiliate in 1991. Program Goals: The intended outcomes, of the work that Habitat for Humanity undertakes, are to improve the economic conditions oflow and moderate-income communities by: . removing families from substandard housing, . fostering community development through new home construction for first-time homebuyers, . assisting families to self-sufficiency, and · helping people become motivated and productive citizens. Approximate percentages received from public and private sectors: Habitat for Humanity of South Palm Beach COllnty, Inc. does not receive public funds, other than land contributions, at times, and reimbllrsements for infrastructure costs, i.e., utility hook-ups. The majority of our contributions come from generous local donors, with an occasional contribution from supportive friends outside of the local area. The typical breakdown of contributions is as follows: . Grant I'eqllests (corporate/foundation/local congregations): 60% . Individual contributions: 40% Endowment Funds: No current endowment funds CRA of Boynton Beach & HABITAT FOR HUMANITY PARTNERSHIP PROPOSAL Summarv of Proposal ., In an effort to fulfill its mission statement of "eliminating substandard housing in our community by building houses in partnership with God's people in need" and through the forging of dynamic partnerships of individuals, corporations, and religious congregations of all faiths, this local affiliate of Habitat for Humanity has completed 65 new homes since its inception in 1991. This process goes back to the traditional values of reward through effort. Each of our partner families is required to invest 500 hours of their own time in the construction of Habitat homes with the majority of hours being invested in their own home. They must then pay back the actual cost of the home, an average of $85,000, through a 30 year non-interest bearing mortgage, with monthly payments of principal, taxes, and insurance. This system has the effect of building self-esteem in our partner families, which benefits the individllal family and the community as a whole. Although Habitat for Humanity International is a large organization with a presence in all 50 states, some 2,000 communities, and 100 countries, it is a grassroots mission with total control at the local level. A local board of directors determines operating procedures, policies, and construction schedules. Advice and assistance is available from the international organization, when requested. Our program produces tangible and measurable results. Habitat for Humanity is a highly efficient user of charitable dollars. Of all Corporate/Foundation Grants and gifts, 100% of the proceeds go into the construction of our homes. We lead the list of non-profits in terms of efficient and proper use of donated monies. Habitat for Humanity serves a need in our community. We help remove individual family groups from sllbstandard rental housing and help them build a new single family home, thereby improving living conditions of the individual family, the neighborhood, and the community. To assist Habitat for Hllmanity of South Palm Beach County, Inc. in its mission, we are asking for the support of the CRA of Boynton Beach to provide us with property in the Poinciana Heights area. With warmest regards, w/ I.UI Michael E. Campbell Execlltive Director Habitat for Humanity of South Palm Beach County, Inc. (561) 819-6070 2 eRA of Boynton Beach & HABITAT FOR HUMANITY PARTNERSIDP PROPOSAL Proposal Overview Purpose: The mission of Habitat for Humanity is to eliminate substandard housing from our communities. '" Response to Problem: By any statistical base, world wide, national or local, as much as 25% of our population has no housing or lives in substandard shelter. At Habitat for Humanity, we see this need first hand, as the number of applications for hOllsing increases. Discussions with other organizations, (primarily churches) in our Boca Raton, Delray Beach, and Boynton Beach, FL neighborhoods, verify the continual requests for help. Sociological theory states that food, clothing, and shelter are the three most basic human needs. It is our goal to provide simple but decent shelter for the working poor of our communities, and eliminate sllbstandard housing one house at a time. The Habitat for Hllmanity Program deals with the substandard housing problem one family at a time. The process begins with a public invitation to apply for a home. This is done through newspapers, T.V. spots, church bulletins, and mailings to such places as day care centers, Laundromats, schools, etc. Accepted applicants are then required to put in 500 hours of "sweat equity" on their home or other Habitat projects. When that and other conditions are met, the applicant is eligible to purchase a home for the family, with a 30-year interest free mortgage. The program addresses the need at two levels. 1. First, the applicant family is placed in a brand new home, removing them from substandard housing, which, in most instances, costs more money than the monthly mortgage payment on the new home. 2. Second, and perhaps the most important, is our assistance in improving the human condition. Our program includes the assignment of a nurturing partner who works with the applicant from the time they are approved to at least one year after the family has moved into their new home. Workshops on personal finance, homeowner's insurance, and legal issues are provided. The nurturing partner's job is to assist the Habitat family in day-to-day affairs so that a return to substandard living conditions is llnlikely. At first glance, it may appear that the Habitat family reaps the greatest benefit. However, llpon closer review, it will be seen that the addition of each new Habitat home benefits the community at large. A new home in an existing community always has a positive, visible, and lasting effect. When Habitat construction begins, we often notice an improvement in the adjoining neighborhood. Yards are mowed, trash is removed, and there is evidence of repairs and fresh paint. The City of Boynton Beach, in some cases, has donated specific lots to our affiliate for that exact reason. The property is placed on the tax rolls and the family assumes their fair share of governmental overhead; participating in their community in yet another capacity. The intended olltcomes, of the work that Habitat for Humanity undertakes, are to improve the economic conditions oflow and moderate-income communities by: · removing families from substandard housing, . fostering community development through new home construction, . assisting families to self-sufficiency, and . helping people become motivated and productive citizens. 3 eRA of Boynton Beach & HABITAT FOR HUMANITY P ARTNERSIDP PROPOSAL Historv Chartered in 1991, the South Palm Beach County, Inc. affiliate supports the communities of Boca Raton, Delray Beach, and Boynton Beach, Florida, and has completed 67 nl!\v homes to date, 1 homt: under construction and 2 scheduled for Fall groundbreakings, representing housing for over 200 adults and children. Our volunteer database contains the names of approximately 2,500 people; all of whom have participated in our programs at all levels, from office help to construction, and supervision. We have two paid employees, our office manager and office assistant, who work part-time. Our construction superintendent is paid a fee of $4,080 per house for which he pulls all permits, supervises the work as it progresses and stands for the inspections to and including the certificate of occupancy. All other work, other than slab and concrete block walls, is on an unpaid volunteer basis. The increased volllnteer support has come about through a very exciting program that began in 1996. This program known as the Circle of Twelve consisted ofa group of 12 local church congregations, primarily of the Christian faith, who came together in partnership with our affiliate to build the two homes that were delivered to partner families in December of 1996. The concept was expanded in 1997, to be known as the Circle of Friends, to include all faiths and to better reflect our community make-up. In 2000 we delivered five homes with an additional two homes under construction, bringing our annual target of homes delivered to six, an increase over our prior years' targets. The Circle of Friends concept acknowledges the broad ethnic base that makes up our community and links partner families to mentors, role models, supportive institutions, and influential business players within and outside the communities. Our plan is to maintain our target level of 7 homes in 2006; we currently have 4 homes completed, I llnder constrllction and 2 more planned in the fall of 2006. Our goals are based on the annual Collegiate Challenge,(this is where your donation will be used), where college students from 4 to 5 universities spend their spring break on a Habitat for Humanity building blitz during 3 weeks in March; increased volunteer labor from corporate, community, and faith-based groups; and increased fundraising activities. We are in frequent contact with the governments ofthe local municipalities, with the community development agencies, other affordable housing builders, and our Circle of Friends. This concept acknowledges the fact that more of our goal can be met at a faster rate by multiplying the working partnerships in our community. The Habitat for Humanitv Proiect Process A typical Habitat for Humanity project will follow a set pattern of events and actions. For current projects, some of the activities have already been completed, some are ongoing at the moment, and some will be completed in the future. However, the description of a typical process will serve to demonstrate what will be done in the Cllrrent instance. Advertising begins the process for applicants. The advertisements are placed as described earlier. Approval is based on the applieant's need, willingness to become a Habitat partner family, the lack of ongoing criminal activity, a demonstrated effort to meet past contractual obligations, and the ability to repay the cost of the home through an interest free mortgage over a fifteen to twenty year period. Upon acceptance, the applicant is paired with a nurturing partner and enters a "pool" of other applicants. The applicant's position within the pool is determined by the number of "sweat equity" hours they have earned toward Habitat projects. As homes are completed, we select the family from the "pool" who has the greatest number of sweat equity hours. (Reference the Family Selection Process in the Exhibit section) 4 eRA of Boynton Beach & HABITAT FOR HUMANITY PARTNERSIDP PROPOSAL While the applicant is involved as outlined above, the volunteer staff of Habitat is arranging for land, conducting due diligence studies (zoning, environmental, and engineering studies), planning the home, and developing construction schedules. At anyone time there are sill"to seven homes in the stream from initial purchase of the land to final completion. In the currently planned projects for which we are asking yoUI' help, our community partners are being organized to participate in these projects. At the end of the planning stage, OUl' construction crew (all volunteers) begins the construction phase of the project. Since construction time is limited to Thursday and Friday mornings, Satllrdays, and Sunday afternoons and all work is performed by volunteer labor, the house takes an average of three months to bllild. Upon completion, the home is dedicated and a closing is held wherein the home is transferred to the partner family. When an applicant is approved, he or she is then referred to as a "partner family". This term is intended to reflect the expected attitudes of all involved. We feel this project will be successflll since we have experienced success in 65 "builds" to date and failure in none. How Do We Measure Our Success? The effectiveness of the program will be measUl'ed in three ways: 1. A certificate of occuoancv will be issued when the home is completed according to local zoning codes. 2. A familv wilJ have a new home, giving them a sense of pride and self-respect. Through the partnership program, they will have achieved a hard won goal. We invite any interested party to contact the Habitat for Humanity office to coordinate a meeting with a partner family. 3. The program will instill resoonsibility in our oartner families includinl!: this new familv. To date, Ollr foreclosure rate is 0; a record any commercial bank would envy. This is particularly impressive because our partner families tend to be on the lowest end of the economic scale. Habitat for Humanity is dependent upon the good will and support of all of OUl' friends and neighbors. We appreciate the past support we have received from the Bank of America and look forward to a long- term relationship. Please join us in partnership with our families in the "building foundations" program. Thank you! Michael E. Campbell Executive Director Habitat for Humanity of South Palm Beach County, Inc. (561) 819-6070 5 CRA of Boynton Beach & HABITAT FOR HUMANITY PARTNERSIDP PROPOSAL Exhibit List .. Benefits and Expectations Board of Directors Family Selection Process 2006 Budget Program Budget - three bedroom, one and one 1I2bath Cost Breakdown Newspaper Articles Documentation of 501(c) (3) status Types of building that can occur 6 eRA of Boynton Beach & HABITAT FOR HUMANITY PARTNERSffiP PROPOSAL Benefits & Expectations Habitat For Humanity, South Palm Beach County (HFHSPBC) .. . Incorporated in 1992 as an affiliate of Habitat For Humanity International (HFHI) . Has built 67 homes in South Palm Beach County since fIrst home built in 1992. Builds average of 5 homes per year using combination of professional and volWlteer labor. Buyers receive a zero interest first mortgage, with additional deferred mortgages up to the market value of the home. HFHSPBC has a shared equity formula that limits appreciation to the buyer. . High cost of lots on which to build is biggest challenge currently facing HFHSPBC. Volunteers and sweat equity are utilized to contain construction costs. . HFHSPBC serves families who earn at or below 80% of median income. Majority of buyers arc in the 30- 40% of median income range. Boynton Beach CRA . Provides opportunities for low and moderate income individuals to secure housing that is decent, affordably priced and controlled by the residents on a long-term basis. . Aquires properties from the city, county and individuals with which to build or provide for affordable housing. Driving force for Partnership between HFHSPBC and eRA . Shared Vision and Mission of the both parties to build an maintain affordable housing. . HFHl reconunending that its affiliates partner with other affordable housing groups to implement a plan to eliminate substandard housing in affiliates' service area. . Permanent homeowner affordability vs. individual wealth building. The Partnership between CRA and HFHSPBC . MOD to be developed between the two organizations to detail the terms ofthe partnership. . Main points: o Home buyer selection o Appreciation formula to be utilized o Financing o Construction approval process o Respective Responsibilities of both parties . Mutual benefits: o HFHSPBC has more lots on which to build, fIlling a critical void o HFHSPBC and CRA can serve buyers below 50% of median income-increasing homeowner economic diversity o Increased resources due to collaboration. o Broadens awareness by partnering with other groups who participate in the funding and building of each home o Collaboration on publicity and public relations events will result in greater visibility. o Local govenunent is very supportive of collaboration among the non-profIts it supports, and responds very favorably to this type of project 7 Habitat for Humanity of South Palm Beach County, Inc. BOARD OF DIRECTORS 2006 .. Officers Joe Santarella, President Paul Johnson, Past President Mike Powers, VP Bob Dreker, Treasurer Penny Morgan, Secretary/Collegiate Challenge John Shelly, VP Construction Directors Peter Blacklock, Church Relations Dave Emerson, ReStore Chairman Max Enos, Technology Charles Fix, At Large David Freudenberg, At Large Jim Lezzer, Finance Judy Ijams, Family Selection Claire Leifer, Family Support Richard Leonard, At Large Lew Miller, At Large Gary Milo, Quality Assurance MaJjorie Reynolds, At Large Paul Ryan, Publicity Steve Tromans, Volunteer Coordinator t: o l!! c Cl) .2 c.. .... ... o .- Cl) l'lJ -.I::. ~. ') ;,...(/J :: E E l'lJ ra=' LJ..>. "C :l ..., I- wD '" i1i~5J >- >- a:o w llJ r ",w 1-0'" . >-. ;;:-J: ",J: ","'''' oS!! ~zo 0;:; 0- ctotn OLU~ J:;;: ~ o u. u. ;;: ..., Z Z t I t t ., .. .~ 5<'-: . '" >- ~ci J: Z t+- .. o '" o ,,~g~ E - 0 (l) n ELL. ~ E ~ ~~~~~ t ~~ 8.m C'C -" !!J> Z >- -+ t !!J " C E~ " 0. > 0. ~~ o u. r "'. "'" alE >E >- e E 0.0 o.u <( Z ... + .. .. r Z "" 11:5 0; 'Oil ~!E ~ >- --. " " ci "" "0 !! u s b C"- g Q) ('-. ('-. ~ - ~.~ ~ g> :.0,,-'- Q) C'll~= E '" + - "'"= ro or-- Q) IV Eg.!CG>00.2:t=E iPmm:r:U.:.::a.g ~?ccootBoQ)g WO:J:Jzz...JZ~_ ITJ o '" · i -+ ~ i " "' :aC'- >-e~z u~ C .. U z >- ~ ~ "0 . i'i"O -;;" C . F . o o Z 0>_ C C :g~-g OJ ~.~ >- g OJ(./) z<( Z ... . tl " "'''" U" .~ ci "0 a. + i. m >- .. . o e~z ,," ~:e "" :il a:oc >- -0 1l~ .9~ "0 >. 't ... ~ =:O~Ol E t5:~'iii>- <<I:J!'II Uj LL.Ula...q; Z t +-- luC'-; "'" ... ~d ~~ ~~ r .. i Z >- '" " >- "'. "OE ~8 "'E o Z r. D>- W I-Z OC> ..J- '" '" <(Z + <J o "0 "to '" .c U '" '" 2l e "- c: o :g " Qi (fJ -'" 'E '" J;, '" "E " E :J <J o o Iii u; '" ;i LL Habitat for Humanity. SPBC ":005 Housing Budget (cash flow basis) ;1006 !l.Y.I!.lW INCOME .. Contributions: 200,000 Mortgage Income: 149,132 Mortgage Payoffs 30,000 Late Fees 5,900 !nteresVOther; 11,000 TOTAL INCOME: 396,032 ,XPENSES - NON CONSTRUCTION (note;. some expense lines represent cosls In more than one category) AdmInIstration Supplies EqulpmentlMalnt. Rent Telephone Postage/Misc. Payroll: MovIng Expense TralningfTravel/Meetings: VolslHO Support: Insurance: h ....gram Services Collegiate Challenge Fundraislng PUblicity/Advertising Contingency/mIse TOTAL NON-CONSTRUCTION (PENSES . CONSTRUCTION New ConstructIon ... New Land Purchases (5 lots) TOTAL CONSTRUCTION ,T SURPLUS (DEFICIT) .3,000 5,000 22,000 2,500 2,500 28,000 4,000 1,500 1,00.0 2,200 5,000 6,000 2,000 84,700 560,000 150,000 710,000 (398,668) ,HFHIPermanentlBudgeNFlnance Annual Budget 2008.Xls)2006 Housing 8udget HFH - Cost Es~imate for a Home Page 1 of2 lrif( U3bil;" for HI m:mUu of SO' 'h P;-~h>> Hm.eIY Bringing families and communities In need togelt1el' with volunteers andJesolJlceS to build decent mt'ordable hOu! 8 ~~~ ~2~~~;::I:~L:~:::~::::: I Q@~tions & Answ~ <D~:~~: How You Can HelD ~6CirlDrmoreIn6t. Cost ofland Pre-Construction Site Work Building Permits, Site Clearing, Blueprints and Temporary Utilities ~ .... ~-. m_ _ __.___..__..._._ .___.____.._... .__._..._ .._... _._u_ ..____ .______.____ Il!t!.m FoundatIon and Slab How Vou Concrete. Forms, Fill Dirt and Re-Bar QI.l!!$ ~.;. ~ W~$ Below is a complete 2005 Cost Estimate for a Single Family Home with three bedrooms and one bathroom. Land I-~- .;", (~iI'1l 4.__.__~ !.l><;;>J H~R~!'Jn9S ~Shell ~ -... Concrete Block, Masonry and Mortar --.------.----------------------------------.-----____.__.__w.____n_______.__. ...MoWoJ ~ '1mB SitLIim Roof Trusses. Sheathing, Shingles and Nails ."..--.---.... -.__.._--~---_._,._--~._-_.._-...--_._--"---_.._----- $6,800 $25,000 DGnaJions Welc.Ofhe L findou:t m...... _ ~ $11,000 IaJu< .......... -~ t\llfl!~ Al!Pi!f:.\l~1lJ $7,600 $9,800 Halp grow D Sb-Ongtl'" ",""m"M;t'~ L.earnht:nV~ : '''Mb.lX:ICI.mCl." . . ll$Qt .. &I Build Out NC, Rough & Finish Carpentry, Insulation, Doors & !!Il<!men Frames, Windows, Hardware, Kitchen Cabinets, Electrical Suild Wiring, Fixtures & Lights, Appliances (Refrigerator & Stove), Framing, Plumbing, Fixtures/Sinkslfubs, Hot . __ _._______ 'tv'~t~rHeater. ~Ioorin~~oor~~, ~rywall~~n~___________ Exterior Finishing & Site Work ~:~:~ Sod, Plant Material, Concrete for Driveway & Sidewalk, - - Storm Shutters, Paint & Stucco -~'~-----'-~---,...._._~,-,----~--~_._--_. All Other Costs Closing, nhe to HFHI & Other Costs .. -_.~--~-_...~~.._----"._~---_._,.._._._-- $14,100 $6.700 ---.-.-..-.-----...--------.----------- $8,500 Yolunteer Labor Cost of all Y<llunteer Labor, skilled and unskilled, men and women, young and old aoo....of all ethnicities -----~- ---~ --- - --~----- $0 TOTAL COST OF HOME $89,500 As you can imagine, finding land in Boca Raton, Delray Beach or Boynton Beach has become exceptionally challenging, at any price, much less for affordable housing. Your tax deductible donation (monetary or buildable land) will assist us in providing decent. affordable housing. Back to TOR http://www.hfhboca.org/costestimateofsfhome.htm inS/non" ;_ t: J3 FAY 141001/001 AFFORDABILITY ANALYSIS HABITA1 FOR HUMAN1TY :!:!DS !:las,! Price 3/1 ',dct 1 bedroom 1\0<:1 % bath Add 1 full bath I~dd gara'ge $67,000 7,000 1,500 2,500 7,000 :''':!;:r:'/PRIGE $67,000 $75,500 $69,500 $76,500 , Paym~li1t 1:5 years" $372+208=580 $419+208=627 $386+208=594 $425+208=633 ,-;.,">,; 'ntJ~ .?'rlymelt 1'7 years" $328+208=536 $370+208=578 $341+208=549 $375+208=583 ~,';:~'lS} . ?:lyme:,t H years" $310+208=518 $350+208=558 $322+208=530 $354+208=562 'nt!~ .. ''':,yme It 2') years" $279+208=487 $315+208=523 $290+208=498 $319+208=527 '''. '''"''''';~ ---- ~. - ~"-'..r . Payme,nt 2,Z years" $254+208=462 $2ll6+208=494 $263+208=471 $290=208=498 -:-:'~/. ' ,"th~ ; '>"'1me ~t 25 years" $223+208=431 $252+208=460 $232+208=440 $255+208=463 ,;Jtl~ r Paym~mt 27 years" $207+208=415 $2~3+208=441 $215+208=423 $236+208=444 "nt~~ - ?:~Y'me,t 3'~ years. $186+208=394 $210+208=418 $193+208=401 $213+208=421 _-=~~s) ",,,,mem Ine udes property taxes and insurance, but no interest. Habitat may adjust the monthly payments 'Nl"] once a year to cover changes in the cost of ir surance or property taxes. Rev 9/05 "'- ,,-.. r- r -.~..- --.-p.--..-. . . ." .,: -"':':":<:'-'-"~' ",';'1)':'::-; ::>/. ~;!-,:~\)(:. ':":;<~~i:'''(':':;::<'~:':'::::-i~::' '.' :., '1/'0 Dp.:., . . ~- '~"~""~Yim&_"",-''bs~''''''"~"''''',",4,">''''''o ~". "'"!l?k':;\!:jj,1~'.\'" '<ll:~l%-,,'>;j.,.lO"""~~.~~p~:>.,,~;,;.,,;,,~:<;.. ""-:-:~":"'.-~- ". .~,- :-'-,' ':-~:;'i.' ". . , ': s ~ ~ lSC'. hl': . .:... '/i;, :.,j \ ~'.' . . bH..~. ::,:.~I~.:~:'~;.?~~:~tt~~~:.;~,.. :'., . ~-",;J'.' ;;ill~;';'I'. :>. ",. ~.~,'.:: ';:~:~~~',,':'<.i:,f~,,~::;~"'~; :.:" '" ~:\.':l:.' i.~r5~;~~;i;< t-&:-~ ~~;'~,?l,"'';-'j i.~~~6'-.. .~ '.::,C. ': . .itfr'~!;.?(~;;.{{;f~;:~::('::;~":~- . '", ,". .~'i ,. :'.,., ~ ", . '~~~~ >X~~~:'~::'~,~ ;\ 'r " . .",' L'" ,;,:o;2:.;~:&~1~";,,c,<~:'. ,:,.; [is ~"" '~ai ti;q.jltlltfftH.~~-nM1ii;iiiioiIJS:; I':' ,;:~ ",iMJtW'~rtifffzbY'6'v~6 fo',)'tJot'i'ini~dr; , r- f' .,'.". " .~:-.~. 00018 " DEPARTMENT OF REVENUE II Consumer's Certificate of Exemption II Issued Pursuant to Chapter 212, Florida Statutes DR-14 R. 04/05 09/23/06 85-8012656044C-7 05/02/2002 05/31/2007 Certificate Number Effective Date Expiration Date . This certifies that HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY 100 E LINTON BLVD STE 203A DELRAY BEACH FL 33483-3336 is exempt from the payment of Florida sales and use tax on real property rented, transient personal property purchased or rented, or services purchased. lit Important Information for Exempt Organizations DR-14 R. 04/05 DEPARTMENT OF REVENUE 1. YOll mllst provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAC). Your Consumer's Certificate of Exemption is to be llsed solely by youl' organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to othel's by your organization of tangible personal property, sieeping accommodations or other real property is taxable. Your organization mllst register, and collect and remit sales and use tax on such taxable transactions. Note: Chllrches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registl'ation at 850-487-4130. The mailing address Is PO BOX 6480, Tallahassee, FL 32314-6480. ANNUAL INCOME LIMITS For . WE~S T PALM BEACH andBQCA RATON MET R Or 0 LIT A N S TAT 1ST I C A L ARE A F Y2006"M E D IAN FA M IL Y IN C OM E Housl~:g ,'&. Co~m~'~iW~': ' Deve'l~priteni D'e-par:i,Q:i~~:t " Com~lssion on Affo,~Je:-I:Il)~,s.~itg 3323 Belvedere Road, _Building 501 West Palm Beach, FL 33406 (561) 233.3650 , FAX: (561) 233-3647 , ., .,. ',,:~~~i~.~~'c'~'~Y:C.9,~ ' '. Pal~,::~~~~~ ,~:uli~ Boa:ftJ of, (;ounty , , C4~J:rii~~I~,#,~rs!~ "bny '~~~jio,ti:i, 'Ch'~_r~~il , A,- ~ L. '"Gieeii~; .\ii~~ :.chai~'per~'on ,',,'.,., '-"- , ," ,.'>":: " Kar~ri"1}>M~ti's v ::,:;~~'~J~~b~~,'~ "'-.:,:':. 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'''''rn $ CQ.I!t:'J V O::l !l' "Q _alii! g'; .~Ir ~""(,.,, O~.!IJJ w <J) :::J o I ;i o I...... 15 o IV o III If) W UJ IV I I-- Cl IV q o z q t-- <I) -0 -~ " -Q ~i>- z,W <l:i.J 2,..J 5?!< 0::> ~!Z ,,0 P'a: 0i!:J :;;1I ~ L )- MCCARON I ASSOCIATES, INC. . ..~.~ - .}1P.'-::......: ";i'~.~ .t~~~,.':-~;-- h__''''~T ~.a &I~--"~ .. Cj.,.r... Phone: 561-997-0579 Fax: 561-997-2438 \ \ , , I I I i I VII. PUBLIC HEARING: New Business B. Ellipse (Sunshine Square) - Rezoninq (Sunshine Square - REZN 06-008) And Ellipse (Sunshine Square) - New Site Plan (Sunshine Square - NWSP 06-021) And Heiaht Exception Ellipse (Sunshine Square) (HTEX 07-001) .\w ,,~';.; "#;;:~l~~ ~!ll~qY~Te~CRA . East Side-West S'lde-Seas'lde Rena.lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: I Consent Agenda Old Business New Business : X I Public Hearing Other SUBJECT: Ellipse - New Site Plan, Height Exception and Rezoning SUMMARY: The proposed project, Ellipse (Sunshine Square) is a 14.42 acre site located at the SW corner of Woolbright and Federal Highway. Proposed on the site is 153,939 sq. ft. ofretailloffice, 558 condominiums and 18 townhomes. The applicant is also requesting a height exception of 19 feet to aecommodate mechanical equipment, elevator shafts and stairwells. Plans reflect a height of 77' at the root line. In MU-L3 the maximum height at the roofline is 75'. Applicant has agreed to reduce height to 75' at roofline. The applicant is concurrently requesting rezoning from Community Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3). The applicant has addressed CRA comments. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the applicants request for new site plan NWSP 06-021, height exception HTEX 07-001 and rezoning REZN 06-008) with all conditions of approval. CL~,i:- ~. CRA Planning Director T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\El1ipse,doc DEPARTMENT OF DEVELOPMENT Memorandum PZ 06- TO: Chair & Members Community Redevelopment Agency Board and City Commission Michael RU~ Planning & Zoning Director Ed Breese, ~ Principal Planner November 1, 2006 Ellipse (fka Sunshine Square) SW corner of Federal Highway & Woolbright Road (REZN 06-008) Rezoning of property from Community Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3) THROUGH: FROM: DATE: RE: As a result of numerous meetings and workshops involving the City Commission, CRA, P&D Board, staff and the public, the current zoning regulations involving two (2) Mixed-Use zoning districts (MU-H and MU-L) are undergoing amendment to four (4) Mixed-Use zoning districts (MU-H and MU-L 1, MU- L2 & MU-L3). The expansion to four (4) mixed-use districts allows greater conformance with the various redevelopment plans and the needed flexibility for the various corridors. When Sunshine Square petitioned for Large Scale Comprehensive Plan amendment to change the land use and zoning of their property in March of this year, they applied for Mixed-Use Low Intensity (MU-L) zoning, identical to what was approved north, across Woolbright Road, at the former Gulfstream Lumber site, now known as Las Ventanas. In October, staff submitted to the CRA and P&D Boards for their review and recommendation to the City Commission, the proposed amendments to the Mixed-Use Zoning districts, which depict the Mixed-Use Low Intensity 3 (MU-L3) designation for this site. Both BoWds recommended the City Commission adopt the new Mixed-Use districts and regulations as proposed. Relative to the Sunshine Square property, the proposed elimination of the MU-L district and its replacement with the MU-L3 district has little to no discernable change on the development regulations. Any project proposed for the site would still be allowed to construct to a height of 75 feet and at a density of 40 dwelling units per acre. However, the previous restriction note for "Grocerv Stores. Supermarkets" has been amended to allow a full size store to be developed. This was based on research indicating that the maximum size currently allowed under the MU-L code is less than what most supermarket chains are willing to develop. This particular amendment will accommodate and further the redevelopment of the Sunshine Square site and its associated Publix store in accordance with the vision for the city's urban area. The further details of the Ellipse (Sunshine Square) mixed-use project are deferred to the corresponding site plan staff report (NWSP 06-021). Attached is the original staff report (LUAR 06-016) dated June 1, 2006. Staff concludes that this proposed rezoning (REZN 06-008) is consistent with the previously approved staff analysis, report and Commission action, and therefore recommends approval. DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 06-122 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission FROM: Hanna Matras Planner #' Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: June 1, 2006 PROJECT NAME/NUMBER: Sunshine Square/LUAR 06-016 REQUEST: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) on the Future Land Use Plan, and rezone from Community Commercial (C-3) District to Mixed Use- Low Intensity (MU-L) in order to redevelop the shopping plaza as a mixed use development. PROJECT DESCRIPTION Property Owner: Sunshine Square CRP LLC Sunshine Square CRP LLC/Ruden McClosky-Bonnie Miskel, Esq. and Applicant/Agent: Kimberly Glas-Castro, AICP Location: Southwest corner of the intersection of Federal Highway and Woolbright Road. (Exhibit "A") Parcel Size: 14.42 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Mixed Use Proposed Zoning: MU-L Mixed Use-Low Intensity Proposed Use: Mixed Use development containing 576 residential units for an overall density of 39.94 dwelling units per acre (du/ac), 150,602 square feet of commercial retail use and 11,050 square feet of office use for a Floor Area Ratio (FAR) of 1.71. Page 2 File Number: LUAR 06-000 Sunshine Square Adjacent Uses: North: South : East: West: Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the request for land use amendment and rezoning. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental! Institutional and zoned PU Public Use. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: Staff recommends approval of the requested land use amendment for transmittal to the Florida Department of Community Affairs and the accompanying rezoning for the following reasons: 1. The future land use amendment is consistent with policies of the City's adopted Comprehensive Plan, particularly the portions of policy 1.16.1 defining the Mixed Use land use category and the implementation of the Boynton Beach 20/20 Primary Target Areas Overlays, 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the proposed amendments to the Federal Hiahwav Corridor Community Redevelooment Plan; however, 4. The requested land use amendment and rezoning should only receive final approval if a site plan for the development is approved concurrently, and if proposed changes to the Page 3 File Number: LUAR 06-000 Sunshine Square Federal Hiahwav Corridor Community Redevelooment Plan and the Mixed Use zoning districts have been adopted. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 14.42 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the Florida Department of Community Affairs for their review and comment prior to adoption. Adoption must take place before the end of the 2006 calendar year and is tentatively scheduled for late November or early December of this year. The Federal Hiahwav Corridor Community Redevelooment Plan, as adopted in May 2002, placed the subject property in "Planning Area V", and does not recommend use of the Mixed Use-Low Intensity zoning districts within this planning area; however, staff has recognized that the development node surrounding the intersection of Federal Highway and Woolbright Road is an important area and should be included in "Planning Area IV", which does allow the use of Mixed Use-Low Intensity zoning. Staff is currently preparing amendments to the Redevelopment Plan to include this area in "Planning Area IV" as presented in workshops with both the CRA and the City Commission. In addition, Staff is preparing amendments to the Mixed Use zoning districts that would allow all of the uses, density and intensity proposed in the applicants plan; therefore, the amendment should be considered. It should be noted that this project has been designed in anticipation of the City's establishment of the Mixed Use-Low Intensity 3 zoning district prior to final adoption of this request for land use amendment. The proposed code amendments would divide the current Mixed Use-Low Intensity zoning district into three districts. Each of the proposed districts will have distinct allowable densities, intensities, heights and design controls. The proposed Mixed Use-Low 3 zoning district is Identical to the existing Mixed Use-Low Intensity zoning district with respect to residential density, non-residential intensity (FAR) and allowable maximum height. However, the proposed supermarket can only be built at its proposed size under the pending Mixed Use- Low 3 zoning district. It is the intent of both staff and the applicant to transition the zoning request from MU-L to MU-L 3 following completion of draft ordinances and review of the proposed reclassification by the state. Site Plan Analysis According to the Land Development Regulations, "All development and redevelopment (utilizing the Mixed Use Zoning Districts) shall require a site plan approval to be processed concurrently with the application for rezoning." A conceptual site plan was submitted with the original application, which is discussed below; however, it is anticipated that a full site plan will be submitted at an early date so that it can be reviewed in a timely manner against all design objectives and requirements of the Land Development Regulations for the zoning district prior to adoption. The conceptual site plan shows the site divided into four quadrants by a central street running north to south between Woolbright Road and SE 1Slt1 Avenue and another running east to west from Federal Highway to a service drive paralleling the FEC railroad right-of-way. The north- south road has an elliptical median containing landscaped areas. Sidewalks front arcaded retail Page 4 Rle Number: LUAR 06-000 Sunshine Square structures on each side of the street. Retail/office structures front on Woolbright Road, Federal Highway and the east-west internal street. The center of each of the three quadrants contains parking decks. The remaining quadrant, located on the northwest corner of the site, contains a Publix supermarket under a two-level parking deck and topped with a recreation deck on the top level. The northwest, northeast and southeast quadrants all contain residential units above the street-level commercial spaces. The southwest quadrant contains retail along the intemal street and residential and live-work units along SE 18th Avenue, as well as residential units on upper levels. According to the conceptual plans, the northeast quadrant (near the intersection of Federal Highway and Woolbright Road) will be the first phase in the development; followed by the northwest quadrant as phase two and the southwest quadrant as phase three. The southeast quadrant will be phase four. No architectural concepts were submitted with the plans, and any real consideration of the site plan should be withheld until the full set of site plans has been formally submitted. It should be understood, however, that final approval of the requested land use amendment and rezoning cannot occur without concurrent approval of the site plan. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone therefore, that section of the criterion is not applicable. According to the Comprehensive Plan Future Land Use Element, Objective 1.16.1, "The City shall continue to regulate the use, density, and intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan". Policy 1.16.1 of the Land Use Element reads under" Mixed UseHthe following: "Business, professional, and administrative offices; retail uses, personal services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 40 dwelling units per acre; places of worship, elementary Page 5 File Number: LUAR 06-000 Sunshine Square and high schools, and day-care services; governmental uses and activities; civic organizations and community centers; home occupations. All land development located in the Mixed Use-Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." In the same policy, under ''Boynton Beach 20/20 Primary Target Areas Overlays'; the following language directed initiation and implementation of the Federal Hiahwav Corridor Community Redevelooment Plan: "The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Sea crest Boulevard to U. S. 1; . U.S.1 from north to south city limits, " As stated above, the Federal Hiahwav Corridor Community Redevelooment Plan is currently being updated to place the subject property within Planning Area 'N, which will allow the use of the requested land use designation and zoning category. Approval of the requested land use amendment and rezoning for transmittal to the Department of Community Affairs can take place; however, final approval of the requests should not occur until the changes to the Federal Hiahwav Corridor Community Redevelooment Plan are adopted by the CRA and City Commission. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be a continuation of the Mixed Use land use designation and Mixed Use-Low Intensity zoning already in place on property located immediately north of the subject property across Woolbright Road, and does not constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Page 6 File Number: LUAR 06-000 Sunshine Square The proposed project replaces an antiquated suburban shopping plaza surrounded by large areas of surface parking, with a development containing commercial and residential uses integrated into an urban setting, which will enhance the importance of the intersection of Federal Highway and Woolbright as an important "node of development" on this portion of the Federal Highway Corridor. In addition, it will support redevelopment of the coastal area in keeping with the "Eastward Ho" initiative, provide commercial service to the barrier island population, which is allowed no commercial land uses per their adopted Comprehensive Plan, and support the downtown development in Boynton Beach. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed mixed use development is compatible with utility systems, roadways, and other public facilities. Traffic analyses presented by the applicant show that if the site were developed to its maximum potential under the existing land use and zoning, the total average daily traffic would be 15,126 trips per day, compared to a maximum potential of 25,913 trips per day under the requested land use and zoning; however, the applicant is proposing a project of an intensity and density far less than the maximum. The proposed project is anticipated to generate only 13,049 trips per day, which would be a potential reduction in maximum average daily traffic of 2,075 trips. Demands for water and sewer capacity will increase on the site due, in large part to the introduction of 576 residential units onto the site. Total demand for potable water is estimated at 254,566 gallons per day; demand for sewer capacity is estimated at 211,942 gallons per day. The project is located in Concurrency Service Area (CSA) 19 for determining public school concurrency. There is no High School located within the CSA; however, the total Middle School enrollment as of July 2005, was at 76% of facility capacity and total Elementary School enrollment was at 74% of capacity. High Schools in the two abutting CSAs are at 87% of capacity in CSA 17 and 79% of capacity in CSA 20 as of July 2005. The Palm Beach County Solid Waste Authority has determined that sufficient disposal capacity exists for the 10-year planning period. Lastly, drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with the current and future use of adjacent and nearby properties and is anticipated to have a positive affect on the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. Page 7 File Number: LUAR 06-000 Sunshine Square The subject property is the site of an existing but antiquated shopping plaza, which could continue to operate in its present state; however, without major renovations its continuing viability is questionable. The project proposed as a replacement will integrate residential and commercial uses, provide structured parking, and include inviting pedestrian-friendly areas, which should increase the economic viability of the property. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. The provision of residential units in close proximity to neighborhood retail will serve to internalize trips that would otherwise require travel off the site for essential shopping. The redevelopment also retains the Publix supermarket in the area, and provides a pedestrian-friendly area in place of the sea of parking currently found on the site. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The mixed use zoning districts are unique in that they are only placed on the zoning map when a site plan is approved concurrent with the rezoning; therefore, there are no available sites elsewhere in the city where the use is already allowed. In addition, there are a limited number of areas eligible for rezoning to either the MU-L3 Mixed Use-Low Intensity or C-3 Community Commercial districts that equal the size of this property, and where significant development can take place. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and with the proposed changes to the Federal Highwav Corridor Community Redevelooment Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hiahwav Corridor Communitv RedeveloDment Plan; and therefore, 4. That the land use amendment and rezoning be approved for transmittal to the Florida Department of Community Affairs for their review and comment; however, 5. Following the DCA's review, final adoption of the land use amendment and rezoning should only be approved if a site plan for the development is approved concurrently, and if proposed changes to the Federal Hiohwav Corridor Community Redevelooment Plan and the Mixed Use zoning districts have been adopted. AlTACHMENTS S:\Plannlng\SHAREO\wp\PROlEcrs\Sunshlne Square\LUAR O6-o16\Staff report Sunshine Square LUAR 06-016 revlsed.doc III ill 1 1 I I -j I W--tl~ I I I~!~ I I I ~"'"'..yD L f-MAIN"'''' D- " ~D"''''-."V'' / ,J- H I T"Ll 1/ it/f., . ! '", "~,', 1\-. LOCATION MAP Sunshine Square LUAR 06-016 II I I H f.- III ~ III 2 v h I- T 1III ~ = H.~~J I/-/-- L 1- f:=----1 II .. . H ,'" r J~ I I I V W' I \ y I I . (,'1 I I Tl '~NUG-HAA.OR-DR I SITE ~ ~~~ OOL.."IGl 0 ~ :x :>< :x ~ fl11J[JJIJIJ - '~~ _CD~ (/e,!fk~CD - 1//Sl0 iT aJmi II / /,T. III f=]7LJ RJj WLd BE ,-- - I I I I ~-T I I-- - - - - - -- [ -- ----i I I I ~0 ~.- 960 480 o = - I I I I I I = T. ~~ ~ ITIilllJ ill] III ~ r~L \ ,,---- -MAL-\:llROiJR- ,..--N....'i>>R- '--t.....,,......, EAGW1JR It' RotNAI:1IR.--1 "- - ~ '--I - 960 Feet DEVELOPMENT DEPARTMENT PLANNING Be. ZONING DMSION MEMORANDUM NO. PZ 06-105 TO: Chair and Members of the Community Redevelopment Agency Board; Chair and Members of the Planning and Development Board; and Mayor and City Commissioners FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: May 17, 2006 SUBJECT: Cycle 2-2006 Amendments - Policies 1.9.5 and 1.16.1 - (CPTA 06-001) Comprehensive Plan Future Land Use Element Redevelopment & affordable housing INTRODucnON Staff is proposing two sets of text amendments to policies contained in the Future Land Use Element of the Oty of Boynton Beach Comprehensive Plan. Each of these will aid in the implementation of development and redevelopment efforts targeting both the Community Redevelopment Area (CRA) and areas outside the CRA. The first will support a corridor study along Woolbright Road between the Rorida East Coast Railroad right-of-way and 1-95; and the second will allow the Oty to consider residential densities of up to 20 dwelling units per acre (du/ac) In areas outside the Federal Highway Corridor Redevelopment Area, for the development of affordable housing. PROCEDURE All amendments to adopted Comprehensive Plan policies are considered text amendments, and are a therefore "Large Scale Amendmentsn by Olapter 163, F. S. As such, they are restricted to the twice-yeariy amendment cycles and are transmitted to the Rorida Department of Community Affairs for review and comment prior to final adoption by the City Commission. Adoption Is tentatively scheduled for late November or eariy December of this year, to comply with the State's requirement that this cycle be adopted before the end of the 2006 calendar year. PROPOSED TEXT (with proposed changes shown In underilned and bold text) . Policy 1.9.5 The aty, by ~ 2QQZ, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overiay. The plans shall, in part, Implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design aiteria which may address public Improvements, Infrastructure, building placement, architectural character, streetscape, slgnage, landmari< opportunities and unlfytng design Page 2 Rle Number CPTA 06-001 Redevelopment and Affordable Housing concepts. Implementation mechanisms may Include, but are not limited to, adoption of overlays In the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied Include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.s.1 from north to south dty limits, · Boynton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and; · Celf Reaa l3et'....eeR U.S. 1 aRe Seae:re5t Bel:llevafEl. Woolbright Road between the Rorida East Coast Railroad rlaht-of-wav and 1-95. Policy 1.16.1 (last definition) Boynton Beach 20/20 Primary Target Areas Overlays: The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public Improvements, infrastructure, building placemen4 architectural character, streetscape, slgnage, landmark opportunities and unifying design concepts. Implementation mechanisms may Include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the Oty Commission. The Primary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.S.1 from north to south city limits, · Boynton Beach Boulevard from U,S.l to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Celf Reaa bctweeR I:I.S. 1 aRa SeaeFeSt Bel:llevaR'l. Woolbright Road between the Rorida East Coast Railroad rlght-of-wav and 1-95. Also amend Policy 1.16.1 (definition of the Special High Density Resldentialfuture land use category) as follows: Special High Density Residential: This land use category shall consist of redevelopment and Infill residential areas assigned to this land use category In the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V In the "Federal Highway Conidor Community Redevelopment Plan", adopted on May 15, 2001, and mav also be Page 3 Ale Number CPTA 06-001 Redevelopment and Affordable Housing aoolied In other areas of the City when utilized In conjunction with the orovislon of affordable houslna. ANALYSIS The adopted Bovnton Beach 20/20 Redevelooment Master Plan recommended that five areas of the Oty to be designated as "Primary Target Areas", and that further study of these areas be conducted in order to Implement portions of the 20/20 Plan. Redevelopment Plans have been conducted and adopted for four of the named areas: Federal Highway between the north and south city limits, Martin Luther King, Jr. Boulevard, Ocean Avenue between Seacrest Boulevard and the Intracoastal Waterway, and Boynton Beach Boulevard between Federal Highway and I- 95. The fifth conidor suggested for study was SE 23nf Avenue (Golf Road) between Federal Highway and Seacrest Boulevard. A major portion of this conidor, between Federal Highway and the Aonda East Coast Railroad (FEe) right-of-way, was included In the Federal Hlahwav Corridor Community Redevelooment Plan. adopted In May 2001. Development of the remainder of the cited conidor segment Is guided by policies Included In the "Problems and Opportunities" section of the data and analysis of the Future Land Use Element of the Comprehensive Plan. Recent Interest In redevelopment along the north side of Woolbright Road between the FEe right- of-way and 1-95, has raised the need for a redevelopment plan for this area. It Is anticipated that the study will support staffs proposal to utilize the Mixed Use (MX) land use category coupled with the proposed Mixed Use-Low Intensity 1 zoning district In this area, thereby capitalizing on the redevelopment opportunities in this area, and providing a logical transition from the MU-L3 being recommended at the adjacent Intersection of Federal Highway and Woolbright Road. Staff Is proposing that the list of target areas be amended so that the Golf Road conidor be replaced with Woolbright Road between the florida East Coast Railroad rlght-of- way and 1-95. This will require amendments to the two policies cited above (Policy 1.9.5 and 1.16.1) In the Future Land Use Element of the my of Boynton Beach Comprehensive Plan. In addition, the aty's recent examination of the need for affordable housing, particularly housing affordable to members of the workforce, has Identified the need for Increased densities as a means of providing additional opportunities for the construction of workforce housing. This could be most easily accomplished by considering a land use amendment to the Special High Density Residential land use category to allow Its use In areas outside the Federal Highway Conidor Redevelopment Area. Currently, Comprehensive Plan language limits the use of this land use category to "the designated Community Redevelopment Area Identified as Planning Area I and Planning Area V in the Federal Hlahwav Conidor Community Redevelooment Plan. . ." Staff Is proposing that the land use category be considered on a Oty-wlde basis, If It serves to Implement and achieve the aty's affordable housing objectives (to ultimately be adopted). Staff antldpates this to be just one of a few strategies to be Implemented to Increase housing opportunities for the low Income to "workforce" residents. Page 4 Ale Number CPTA 06-001 Redevelopment and Affordable Housing RECOMMENDAll0N The proposed text amendments are the minimum necessary to achieve the desired end results; therefore, staff recommends that: 1. The Community Redevelopment Agency Board and the Planning and Development Board recommend approval of the proposed amendments; 2. The City Commission, acting in Its capacity as the Local Planning Agency, find the amendments consistent with the City's adopted Comprehensive Plan; and, 3. The City Commission approve the amendments for transmittal to the Florida Department of Community Affairs for their review and comment. AlTACHMENTS S:\P\annhg\SHARED\WP\SPEQ:lROJ\CPTA\06.()()l Redevelopment & Alfordable Hsng\STAFF REPORT CPTA OHOl.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-204 STAFF REPORT TO: Chair and Members Community Redevelopment Agency and City Commission Michael Rum~ Planning and Zoning Dil'ectol' Ed Breese ~ Principal Planner THRU: FROM: DATE: October 23, 2006 PROJECT NAME/NO: Ellipse (fka Sunshine Square)/ NWSP 06-021 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Sunshine Square CRP LLC Applicant: Sunshine Square CRP LLC Agent: Ms. Bonnie Miskel, Esq. Of Ruden McClosky Location: Southwest corner of the intersection of Federal Highway and Woolbright Road (Exhibit "A") Existing Land Use: Mixed Use (MX) Existing Zoning: Mixed Use-Low Intensity 3 (MU-L3) Proposed Uses: Retail/Office: Condominiums: Townhouses: 153,939 square feet 558 units 18 units Acreage: :!:14.42 acres Adjacent Uses: North: Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the request for land use amendment and rezoning; Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 2 South: To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center; and West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmentalj Institutional and zoned PU Public Use. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject parcel were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The Sunshine Square shopping center, which encompasses 14.42 acres at the southwest corner of Woolbright Road and Federal Highway, is part of a Comprehensive Plan amendment to change the land use designation from Local Retail Commercial (LRC) to Mixed-Use (MX) and rezone the property from Community Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3). Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies the amendment as "large scale". A "large scale" amendment is transmitted to DCA for their review and comment prior to City adoption. The City Commission reviewed the LUAR at their July 5, 2006 meeting and voted to transmit the amendment to DCA. The Department has completed their review and the amendments are ready for adoption by the City Commission, as is the requisite site plan. The site plan shows the existing Sunshine Square shopping center being demolished in phases (in order to relocate and accommodate as many of the existing tenants as possible), and replaced with a mixed-use project. The site is divided into four (4) quadrants by a central street running north/south between Woolbright Road and SE 18th Avenue and another running east/west from Federal Highway to the FEC Railroad right-of-way. The north/south road has an elliptical median containing landscaped areas. Sidewalks front arcaded retail structures on each side of the street. Retail/office structures front on Woolbright Road, Federal Highway and the east/west internal drive. The center of three of the quadrant buildings house parking decks, while the remaining quadrant, located on the northwest corner of the site, contains the relocated Publix supermarket under a parking deck. The details of the site plan will be discussed in the body of the staff report. Staff Report - Ellipse (NWSP 06-021) Memol'andum No PZ 06-204 Page 3 Concurrency: ANALYSIS Traffic: A traffic study was submitted by the applicant and reviewed by the Palm Beach County Traffic Division. However, comments were generated by.the Traffic Division and as of today, the project has not received a letter of concurrency approval from Palm Beach County. The applicant has re-submitted the information addressing the County's comments and is awaiting their response. Additionally, the applicant continues to participate in meetings with Palm Beach County Traffic Engineering, the City Engineering Division and the developer of the parcel to the north, across Woolbright Road (Las Ventanas), to coordinate the necessary roadway and signalization improvements. No building permits are to be issued until the Palm Beach County Traffic Division approves the study for traffic concurrency purposes (see Exhibit "C" - Conditions of Approval). Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities represents a portion of the City's potable water supply that would support the needs of this project (projected to total 254,566 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 211,942 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police/Fire: Fire staff reviewed the site plan and determined that current-staffing levels would be sufficient to meet the expected demand for services. Infrastructure requirements such as hydrants and roadways would be addressed during the permitting process (see Exhibit "c" - Conditions of Approval). Police staff indicated that the service requirements of the department will be impacted by this development and that additional officers and equipment will be needed to serve this and other approved projects in the vicinity. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: The School District has determined that adequate capacity exists to accommodate the projected resident children. Driveways: The project can be characterized as "urban infill, mixed-use" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The site plan shows that the development would be divided into four (4) distinct sections. The plans show that parking garages would provide for the majority of off-street parking spaces for the entire project. The garages are Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 4 intentionally proposed as hidden structures located within the core ,of the project and virtually unseen from the major roadways. Likewise, the project is not proposing traditional driveways or surface parking lots like that of "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings). The site plan shows that vehicles would enter the site from three (3) locations. The main entrances are proposed on Federal Highway near the center of the roadway frontage and on Woolbright Road, again near the middle of that roadway frontage. The Federal Highway entrance would have a deceleration lane for southbound Federal traffic and no median cut for northbound traffic. Egress from this curb cut would be limited to right hand turning movements only (southbound Federal Highway). The Woolbright Road entrance would have an eastbound deceleration lane and two (2) ingress and two (2) egress lanes, separated by a 12-foot landscape island. This would be a full access entrance with a proposed traffic signal aligned with the Woolbright Road entrance of the project to the north (Las Ventanas). Motorists would be able to enter or exit this location from all directions. The project's third entrance is proposed along SE 18th Avenue, at the southern terminus of the Woolbright Road entry drive. This entrance would also provide access to the entire site. The driveway opening would be 24 feet in width and provide ingress/egress from a road with lower volumes of traffic. Lastly, there is an exit drive proposed at the northwest corner of the site at Woolbright Road and the railroad tracks that is designed as an "egress only" for the service/delivery area at the rear of Publix. All driveway, drive aisles, and turning radius, internal to the development, would be improved to conform to current city engineering standards. Parking Facility: Off-street parking proposed within the development must meet the requirements in Chapter 2, Section 1l.H. of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, office and retail uses. One-bedroom apartment units require one and one-half (1 Y2) parking spaces. Two or more bedroom units require two (2) parking spaces. The project proposes a total of 558 dwelling units (with a mixture of one, two, and three bedrooms) and 18 live/work townhouse units, in conjunction with 153,939 square feet of retail/Office space. When combined, the total parking requirements equal 1,854 spaces. The project proposes 1,656 parking spaces, a deficiency of 198 parking spaces. However, the code allows a mixed-use project to present a shared parking analysis in compliance with the Urban Land Institute's (ULI) guidelines. The applicant submitted the shared parking analysis prepared by their traffic consultant, TrafTech Engineering Inc., indicating that the maximum number of parking spaces required for the mixed-use project would be 1,656, based upon the greatest demand for parking being a weekday evening at 8:00 PM. The analysis concludes that there would be sufficient parking during the highest demand, with no excess. During the other hours of the day (10:00 AM - 10:00 PM), the parking demand ranges between 1,300 and the 1,656 parking spaces noted above at the 8:00 PM hour. As in all cases, the City Commission must accept the shared parking analysis when approving a site plan (see Exhibit "C" - Conditions of Approval). Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 5 The parking spaces would be provided as follows: 1,611 parking garage spaces, and 45 on-street parking spaces. As previously discussed, the site is divided into four quadrants by bisecting streets. According to the site plan (Sheet A1.01), the Phase IA parcel (NE quadrant) would contain 31,675 square feet of retail/office space. Based upon parking calculations for shopping centers, which is utilized when analyzing mixed-use projects, this building would require 159 parking spaces. The building also accommodates 126 residential units (42 -1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 231 parking spaces would be required for the residential units. Therefore, 390 parking spaces are reqUired in Phase IA and 312 are provided as a result of the shared parking analysis. The Phase IB parcel (SE quadrant) would contain 26,235 square feet of retail/office space. Using the same methodology used for Phase lA, this building would require 132 parking spaces. The building also accommodates 102 residential units (30 - 1 BR units), Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 189 parking spaces would be required for the residential units. Therefore, 321 parking spaces are required in Phase IB and 281 are provided as a result of the shared parking analysis. The Phase IIA parcel (NW quadrant) would contain 81,684 square feet of retail/office space, which includes the proposed 54,064 square foot new Publix store. Based upon parking calculations for shopping centers, this building would require 408 parking spaces. The building also accommodates 90 residential units (24 - 1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 168 parking spaces would be required for the residential units. Therefore, 576 parking spaces are required in Phase IIA and 1,039 are provided as a result of the shared parking analysis. However, the parking garage associated with Phase IIA is connected to and provides the required parking for Phase IIB, immediately to the south. Phase IIB is the southwestern-most parcel and would contain 14,345 square feet of retail space. Again, based upon parking calculations for shopping centers, this building would require 72 parking spaces. The building also accommodates 258 residential units (58 - 1 BR units). Based upon 1.5 spaces for 1 BR units and 2 spaces for all other, 451 parking spaces would be required for these residential units. Additionally, there are 18 live/work townhouse units proposed around the south and east sides of the building which require 2.5 parking spaces for each unit, thus necessitating 45 more parking spaces. Therefore, with the 568 parking spaces required in Phase IIB plus the 576 in Phase IIA, a total of 1,144 parking spaces are required and 1,063 are provided as a result of the shared parking analysis. Should the applicant propose to place a gate within any or all of the parking structures to separate the residential parking from the general use parking, the applicant shall be required to provide an updated shared parking analysis to ensure that the assumptions made in the analysis are not voided by such action (see "Exhibit C" - Conditions of Approval). Landscaping: The Site Plan tabular data (SheetA1.01) indicates that the proposed pervious areas would equal 21.2% of the site. The MU-L3 zoning district requires a minimum 20% pervious area, which is satisfied with the proposed site plan. The Landscape Notes (Sheet TD5) indicates the subject site currently contains 153 trees, 33 of which Staff Repol't - Ellipse (NWSP 06-021) Memol'andum No PZ 06-204 Page 6 would remain in place, 66 of which would be relocated on site, and 54 designated for removal. Most of those to be removed are in poor condition and the applicant will be required to replace the total caliper inches of those trees removed with new specimens. The landscape plan plant list proposes the installation of 92 new canopy trees plus the relocation of 40 existing trees and the retention of 6, for a total of 138 canopy trees. 341 new palm trees are proposed, as well as 54 existing or relocated palms, for a total of 396. The plan also depicts 9,555 shrub and groundcover plants. According to the plant list, 50% of the canopy trees would be native and 57% of the palm trees would be native. The landscape plan also proposes in excess of 50% native shrubs / hedges / accent plants. The plant list indicates the following species to be utilized throughout the project: Medjool Date palms, Sabal, Coconut and Royal palms, Purple Glory, Live Oak, Black Olive, Mahogany and Pigeon Plum trees, Dwarf Schefflera, Cocoplum, Ixora, Hibiscus, Plumbago, Viburnum shrubs, as well as, Crinum Lily and Annuals. Royal palm trees are proposed in front of the buildings (along Federal Highway and Woolbright Road) and are proposed to be installed at an overall height of 22 feet. Staff recommends that the Royal palm trees along these thoroughfares be installed at approximately half of the building height, in the range of 30-35 feet (see "Exhibit C" - Conditions of Approval). These mixed-use buildings would be located close to the east and south property lines and therefore, would be consistent with the intent of the Land Development Regulations of the MU-L3 zoning district. However, the landscape plan still would proVide for plant material along these main roadways to help break up the building mass. In fact, these areas would be 10 feet in width to accommodate the installation of the larger-size palm trees. The south landscape buffer, along SE 18th Avenue and the live/work townhomes, would be approximately 13 feet in depth at its narrowest pOint. The south buffer is proposed to include Laurel Oak, Green Buttonwood and Bougainvillea trees, Royal and Cabbage palms, and among others, hibiscus, dwarf schefflera and wax jasmine shrubs. Although not dimensioned, it appears as though the west landscape buffer adjacent to the Florida East Coast railroad right-of-way would vary in width from six (6) feet at its narrowest point (behind Publix) to approximately 70 feet, near the southwestern portion of the site. Live Oak trees and Sabal palms are the predominant trees proposed for this buffer, along with Cocoplum hedge material. Additionally, there is a water feature with arbors and a variety of landscape material proposed along the west buffer, at the west terminus of the main east/west drive through the site. The interior of the site would basically contain the same plant material as the perimeter buffers. The interior street system would have intermittent, parallel (on- street) parking spaces and wide sidewalks that accommodate a pedestrian friendly window-shopping environment, landscape cutouts and adequate area for outdoor seating/dining. Staff Repol't - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 7 Building and Site: The site plan proposes a mix of residential, office and commercial uses. The commercial/office square footage would total 14.3% of the total building area. Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The maximum allowed density of the Mixed-Use land use category would be 40 dwelling units per acre. The proposed project density would be 39.94 dwelling units per acre. As previously mentioned, the existing shopping center would be replaced with four (4) seven (7)-story mixed-use buildings, three (3) of which wrap interior parking structures. The depth of the parcel extends westward from Federal Highway to the Florida East Coast railroad tracks. The subject property fronts on two (2) major roadways (Federal Highway and Woolbright Road). The parcel located at the southwest corner of the intersection of Federal Highway and Woolbright Road (approximately half an acre in size) is not included in the request for land use amendment/rezoning and site plan approval. This corner parcel contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. The proposed building in Phase IA would wrap around the gas station parcel with retail on the first floor and residential units above and parking structure inside. The first and second floors are setback 10 feet from the property lines and then the building steps back approximately 15 feet further from Federal Highway and 7 feet further from Woolbright Road, at a height of approximately 30 feet. The MU-L3 zoning district allows for a maximum building height of 75 feet, for properties not abutting the Mixed-Use High (MU-H) district. The elevations (Sheet A1.06) of the Phase IA mixed-use structure, depict the height at 77 feet to the roofline with a total height to the tallest of the stair/elevator towers at 91 feet. This would not comply with the height limitation of 75 feet. While the stair/elevator towers are eligible for a Height Exception, the roofline itself cannot exceed the 75- foot threshold. The applicant has been made aware of this situation and has agreed to modify the height of the structure to conform at time of permitting, and has applied for a Height Exception for the eligible towers (HTEX 07-001), which is being processed concurrently with the site plan. Staff has recommended that the building be modified by the two (2) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. The proposed building in Phase IB (SE quadrant of the site) would be constructed immediately north of a parcel (approximately 1 acre in size) classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza and residential property, fronting on SE 18th Avenue, and not included in this request for land use amendment/rezoning and site plan approval. This seven (7)-story mixed-use building would also have retail on the first floor and residential units above and parking structure inside. The south side ofthis building does not however have the parking structure wrapped with storefronts, and the condominium units/recreation amenity does not begin until the fourth floor. A 10-foot setback has been depicted to provide the necessary landscape buffer, at the appropriate height. Staff recommends that applicant provide the necessary landscape at varying heights to assist in the screening of the three levels of parking (see "Exhibit C" - Conditions of Approval). The first and second floors are setback 10 feet from the east property line, like in Phase IA and then the building appears to step back at an angle, between 10 and 25 feet further from Federal Highway, at Staff Report - Ellipse (NWSP 06-021) Memol'andum No PZ 06-204 Page 8 a height of approximately 30 feet. The elevations (Sheet A1.06) ofthe Phase IB mixed-use structure, depict the height at 77 feet to the roofline with a total height to the tallest of the stair/elevator towers at 91 feet. Like the Phase IA building, this would not comply with the height limitation of 75 feet, and staff has recommended that the building be modified by the two (2) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. The proposed building in Phase IIA (NW quadrant of the site) would house the relocated Publix. Fronting the Publix on Woolbright Road would be office uses on the first floor with residential above to the 7th floor. Wrapping around the Publix on the east side is retail on the first floor and residential units above, with one level of parking deck above the Publix and a bridge connection to the interior parking structure in Phase lIB. The first and second floors are setback 10 feet from the north property line abutting Woolbright Road and then the building steps back approximately 12 feet further, at a height of approximately 27 feet. The elevations (Sheet A1.06) of the Phase IIA mixed-use structure, depict the height at 77 feet to the roofline with a total height to the tallest of the stair/elevator towers at 91 feet. Like the previous two (2) phases, this would not comply with the height limitation of 75 feet, and staff has recommended that the building be modified by the two (2) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. On the ground level, in between the Office/residential structure facing Woolbright Road and the Publix building, is a service court for deliveries, refuse collection and other utility purposes that is screened from the residential units above by the parking deck connecting the Publix building to the office/residential structure facing Woolbright Road. Lastly, the proposed building in Phase lIB (SW quadrant of the site) and current location of Publix, would be the last phase to be constructed, once Publix relocated into its new building and the old structure could be demolished. This seven (7)- story mixed-use building would also have retail on the first floor and residential units above along the northern portion of the building on the east side. The remainder of the east fa~ade and south side would be live/work units, with regular condominium units above. The live/work units would be setback approximately 12 from the SE 18th Avenue right-of-way and then the building steps back approximately 10 feet further from SE 18th Avenue, at a height of approximately 27 feet. The elevations (Sheet A1.06) of the Phase lIB mixed-use structure, depict the height at 80 feet to the roofline with a total height to the tallest of the stair/elevator towers at 94 feet. Like all of the previous phases this building would not comply with the height limitation of 75 feet, and staff has recommended that the building be modified by the five (5) feet it exceeds the maximum allowed height and placed a condition to that effect in the Conditions of Approval. Design: As noted previously, the proposed development can be generally described as being separated into four (4) quadrants of similarly designed seven (7) story structures. The proposed architecture could be described as contemporary design, with varying rooflines and fa~ade step backs for interest and shadowing. Also noteworthy is that the project parking would be virtually hidden from most all views and is considered to be a subordinate, mostly unobtrusive element of the plan. Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 9 Staff recommends that those areas in which the parking garage is ~xposed to the exterior of the project, especially abutting the gas station, the commercial/residential to the south and along the west elevation, the garage openings be enhanced with decorative metal work, decorative shutters, awnings, and in some instances landscaping (see "Exhibit C" - Conditions of Approval). Vehicular traffic is contained within the internal framework of the project, utilizing the cross-shaped road pattern created by the north/south and east/west drives, including the elliptical parkway/landscape median through the heart of the project. The elevations indicate the proposed exterior finish and colors of the buildings and a color schedule has been provided via ledger-sized color board. The applicant is proposing four (4) colors throughout the entire development. The project's proposed building colors are as follows: Off White Medium Tan Dark Tan Light Beige Snow White Roxbury Caramel Richmond Gold Sag Harbor Gray OC-66 HC-42 HC-41 HC-95 BM Paints BM Paints BM Paints BM Paints The majority of the body of the buildings would be painted white, with most of the articulated wall portions and towers proposed to be painted the medium tan. Certain sections of recessed wall are painted the light beige, while prominent wall features along the lower building elevations are painted the dark tan. A feature element in the design of the project is the elliptical shaped central plaza that graces each side of the intersection of the two (2) drives. This feature is labeled as the north and south commons on the plans, and includes a series of walkways meandering around pockets of landscape and terminating at large scale fountains (which the applicants proposes to fulfill the Arts in Public Places requirement), along the north and south sides of the east/west cross street, at the heart of the project. The architect has carried through the theme by designing the footprint of the retail buildings rimming the elliptical feature to follow its perimeter, thus providing a concave look to the row of storefronts. Above the retail space, the large continuous balcony for the residential units above also conform to the shape of the common area below to accentuate the unique design. Then the residential units are proposed to be constructed in a staggered pattern, again to carry through the deSign scheme below. Signage: Minimal project detail regarding proposed signage was shown with this submittal. Staff recommends utilizing a Sign Program for the entire project to ensure sustained continuity throughout the life ofthe project (see Exhibit "c" - Conditions of Approval). All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development Regulations, as formalized in an adopted Sign Program for this project. Staff Report - Ellipse (NWSP 06-021) Memorandum No PZ 06-204 Page 10 CONCLUSIONS AND RECOMMENDATION: Concul'rent with the processing of this site plan application staff is proposing amendments to the mixed- use zoning district regulations to implement recommendations from redevelopment plans and the conclusions from recent workshops and hearings. The major change in the proposed code amendments is the division of the Mixed Use-Low Intensity zoning district into three distinct low intensity districts; Mixed Use-Low 1 (MU-LI), Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3). Specifically related to this project is the new accommodation of supermarkets, changing the maximum size from 30,000 square feet to 80,000 square feet, in part, to accommodate the subject Publix store within this project, and to acknowledge our understanding of current trends and strategies of the large grocery store chains. Other notable changes represented by the new districts include 1) building setbacks, increasing to 10 feet on the sides and rear to reduce potential impacts upon adjacent properties; and 2) the introduction of the Sky Exposure Plane provision that sets a building envelope that narrows uniformly around the building as height increases. Simply stated, this requirement is a six-foot to one-foot (6' to 1 ') step-back slope applied to each side of each project in a mixed-use district. This requirement is also intended to reduce potential impacts on adjacent properties and the streetscape, by reducing building bulk without inhibiting flexibility in design. This increased setback requirement appears to be satisfied on all sides of the proposed project except at the northwest corner. With respect to building step-backs, although the relief proposed on several of the elevations exceed the requirements of the new Mixed-use Low 3 district, those elevations with no or minimal step-back must be reconsidered by the applicant and redesigned accordingly. As required by the conditions of approval, the permit drawings must reflect the minor adjustments required to meet the new minimum building setback of 10 feet, and new slope plane of 6' to 1'. Staff has reviewed this request and recommends approval, contingent upon the approval of the accompanying request for Height Exception (HTEX 07-001) and all items noted within Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\Ellipse\NWSP 06-021\Staff Report.doc ; , SE 13TH AVE sel14THAVE 'if Ii ! fL.r ,'1 IE <1 STell. . 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I ~ ._"""'-..... - !lO'ImllN!lE/ICH, nou>~ ELLIPSE J ::!::U::U:i.:U.:i~j: ~~:~;tH::j::L~~,'t ... -, !!!ij hi, llll! !q! "I Il':~ E !.p if! EXHIBIT "B" IIA1'(;H LiNE 'A' - seE SHEET LNDI ~ ~ ~ '"' , ~ j~ ~ !I ~ .. " :.or- ~ . ~I j = ~. O1"02'l5W 140.rxr -;;:;j) - r-, . ~~M&!riR ~~b ::/"( - J " " " ~ & , o I I I I II! 'Ii I' , ; I ~ ;;- ~IV"~M~ u.s. HICHIYAY Ii' , , ""-~=========.-:P ==e"" = - -",,~~~~~~~~ :;::;: :;::;: ~:;::;: :;: ~ ~ ~ ~ ~ ~ ~ ~ PHASEIA I' I. ~;! I' , , f, ELLIPSE CITY OF 80YNTON BEACH, nORfDA RAil DEVELOPMENT LANDSCAPE PLAN Carter.a........ -.-.... :..::.:...~.:. ~"=' r I ~ '" F" .. > 'v, \;:i:' !;::~ i Do ~ i~ , II ~ '<: ~ I ~ I I! . ~~f! I ;~ ~r &~ " If Ii 1\ I 1 ) ~:I I,:' I I' r I III If .___)__ 11 I , I ~~ -' ~ '~< 'I~ p' Y (1 I 11 I,' I I I Ie I ~ li i' f II \ j~ ~ !, i ~~ ,,'" i . ~-::;; ;3: r , ! '1" i. EXHIBIT "B" MATCH LINE '0' - SEE SHEET LND3 501'1%'13"1: 12SCJO' p ~ ~ ~ ~ z fi !j ~ ~~ 'c t ~ ~I " ! ~ ~~ ~ . " ~ . ~ ~ " ~ -~-~ ,~~'-~-~ -l--~==~~I~~=~~=======-- I - -=~=====~=--.=--.=--.=-_ - PHASEIB " 1- ~;! I' . ILLlPSE CITY 01' BOYNTON BEACH, FLORIDA RAil D.Y11LOPIlENT LANDSCAPE PLAN CarIu......... -.-.... .:"~""1-='.:. --- EXHIBIT "B" .. ~ .. , " ~ ~ ~ , ~ PHASE IIA , ,. I: '" , 'I L/ I I ~If: ~;! I' . ~I ~. ~ BLLIPSE CITY OF .BOYNTON BEACH, FLORIDA IlAI/ DB,"LOPIIBNT LANDSCAPE PUN c....... Burtr- . -.-- .!"-.~ = EXHIBIT "B" , ~ , ~C'\ ~~ ~ I ~ ~ ' " ~ .. y ~i .., iL ~~ ,.~ .., \?~ r. .., ~Q ! .., .m $ ~ ~ ~ ~ , ~ ~ ~ " ~1' tt/~~ C/(",., \~~ ,",., ~ ~ ~ , 1 ------'f , ~ ., < r r f r ! , i~ ~~ ~~ ;~ PHASE lIB I' .I. ~;! I' , -'-- :.=.."'C:'::. ~ . &LUPSE CITY 01' BOYNroN BEACH, FLORIDA lttll D8JTLOPIlENT LANDSCAPE PLAN c....... ......_ EXHIBIT "C" - CONDITIONS OF APPROVAL New Site Plan Project name: Ellipse / Sunshine Square File number: NWSP 06-021 Reference: 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning and Zoning Department date stamp marking. ' I DEPARTMENTS I INCLUDE I REJECT I I Co=o'. PUBLIC WORKS - Solid Waste I I I None PUBLIC WORKS - Traffic Comments: L Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach COllnty Traffic Engineering. The traffic stlldy shall inclllde an evaluation of the need for an additional right turn lane (eastbound to southbollnd) on Woolbright Road llsing proposed generation rates (pre- and post-development.) 2. Dedicate right-of-way as necessary should a right turn lane be warranted in the future. Consider growth in background traffic for the year 2020. Also, coordinate the design and construction of all traffic improvements necessary to support this development with the developer of the Las Ventanas site on the northwest comer of Federal Highway and Woolbright Road. Provide written proof of this cooperation to the City. 3. Show loading areas on the Traffic Marking & Signage Plans; include a pavement message in yellow indicating "No Parking - Loading Zone". PUBLIC WORKS-Forestry & Grounds Comments: 4. Show sight triangles on the Landscape plans (LOR, Chapter 7.5, Article II, Section 5.H.) Reference FOOT Standard Index 546 for the sight triangles along both Federal Highway and Woolbright Road. Sight triangles in the interior ofthe development shall be 15-feet. 5. The medians on Federal Highway have existing irrigation and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any undergrollnd activities. Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets (PG&D, Utility, Landscape) with the above stated information. 6. Correct sheet LND 5 of 6 to delete reference to Boca Raton. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 2 age DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 7. All utility easements shall be shown on the Site plan, Landscape, and Hardscape plans (as well as the Water and Sewer Plans) so that we may determine which appllrtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Revise Sheet LND 3: 10' UE with QV at SW corner of sheet. 8. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 10. Water and sewer lines to be owned and operated by the City shall be inclllded within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26- 33(a). II. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 12. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. Appropriate backflow preventer(s) will be required on the domestic water service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 14. The waste stream from any food preparation area processes mllst meet the City's pretreatment requirements. A sampling point must be provided to allow monitoring of this waste stream (refer to CODE Section 26-143 and Section 26-147.) 15. Upsize the water main in Woolbright Road to meet the requirements of the Utility Master Plan. The main shall be upsized from the west side of the FECRR east to the point of connection (west driveway) for the project. 16. Coordinate with Boynton Beach Fire-Rescue to determine flow requirements for multi-story buildings over four stories. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 3 age DEPARTMENTS INCLUDE ( REJECT 17. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. ENGINEERING Comments: 18. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 19. Please note that changes or revisions to these plans may generate additiomil 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 permit review. 20. Upon satisfactory Commission approval of the site plan, the applicant shall enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. A plat will be required for this development. 21. Show proposed site lighting on the Site, all Civil and Landscape plans (LOR, Chapter 4, Section 7.BA.) The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specifY that the light poles shall withstand a 140 MPH wind load (LOR, Chapter 23, Article II, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photoelectrical control and are to remain on until 2:00 a.m. (LOR, Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with the LOR, Chapter 6, Article IV, Section II, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LOR, Chapter 9, Section IO.F.5). Provide photometrics as part of your TART plan submittals. 22. Full drainage plans, including drainage calculations, in accordance with the LOR, Chapter 6, Article IV, Section 5 will be reqllired at the time of permitting. 23. Paving, drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit aoolication. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 4 age I DEPARTMENTS I INCLUDE I REJECT I FIRE Comments: 24. Provide the fire hydrant layout for this project with the hydrants clearly shown on one sheet. Show all water supply lines for fire protection and hydraulic calculations using data from a flow test conducted within the past six months. This test will be conducted by the Boynton Beach Fire Department. POLICE Comments: 25. None. BUILDING DIVISION Comments: 26. Please note that changes or revisions to these plans may generate additional 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. 27. Indicate within the site data the occupancy type of each building as defined in 2004 FBC, Chapter 3. Indicate all occupancies in ntixed occupancy buildings. 28. The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the lintits set forth in Table 503 of the 2004 FBC. 29. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2004 FBC, Table 704.8. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8. 30. General area modifications to buildings shall be in accordance with 2004 FBC, Section 506. Provide calclllations verifying compliance with the above code sections and the 2004 FBC, Table 503. 31. 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 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be sllbntitted for review at the time of permit application. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 5 age I DEPARTMENTS I INCLUDE I, REJECT I 32. Every building and structure shall be of sllfficient strength to support the loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. 33. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calclllations shall be included with the building plans at the time of permit application. 34. Add to all plan view drawings of the site a labeled symbol that represents the location and perimeter of the limits of construction proposed with the subject request. 35. At time of permit review, submit signed and sealed working drawings ofthe proposed construction. 36. On the site plan and floor plan, indicate the number of stories that are in each building. Indicate the overall height of each buildill!L 37. Add to each building that is depicted on the drawing titled site plan and floor plan a labeled symbol that identifies the location of the handicap-accessible entrance doors to each building. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 38. As reqllired by LDR, Chapter 4, Section 7, submit a floor plan drawing. The building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheet/s _' However, add to the floor space drawing a labeled symbol that identifies the location of the handicap-accessible entrance doors to each building. The location of the door shall match the location of the accessible entrance doors that are depicted on the site plan drawing. 39. Compliance with regulations specified in the FFHA, Design and Construction Reqllirements, Title 24 CFR, Part 100.205, is reqllired. 40. At the time of permit review, sllbmit details of I'einforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling llnit shall comply. 41. Bathrooms and kitchens in the covered dwelling units shall comply with the FFHA, Title 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the FFHA is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 42. If an accessible route has less than 60 inches clear width, then passing spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T"-intersection of two conidors or walks is an acceptable passing place. 2004 FBC, Section 11-4.3.4. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 6 ~e DEPARTMENTS INCLUDE REJECT 43. Identif'y within the site data the finish floor elevation (lowest floor elevation) that is proposed for the bllilding. Verif'y that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest IOO-year base flood elevation applicable to the building site, as determined by the SFWMD's sllrface water management construction development regulations." b. From the FIRM map, identif'y in the site data the title of the flood zone that the building is located within. Where applicable, specif'y the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identif'y the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 44. As required by the CBBCO, Part III titled "Land Development Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 45. 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. 46. A water-use permit from SFWMD is required for an irrigation system that lltilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 47. 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. If the project is a multi-family project, the building number/s mllst be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each bllilding. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how mllch is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 48. At time of permit review, submit separate surveys of each lot, parcel, or tract. For pllrposes 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. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 7 age I DEPARTMENTS I INCLUDE I REJECT I 49. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a mlllti-family project, the bllilding number/s must be provided. The bllilding numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each bllilding. e. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(1)) 50. Add a general note to the site plan that all plans submitted for permitting shall meet the City's codes and the applicable building codes in effect at the time of permit application. 51. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 52. The full address of the project shall be submitted with the construction docllments at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. (palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) (United States Post Office, Boynton Beach (Michelle Bullard _ 561-734-0872) 53. Show the proposed site lighting on the site and landscape plans. (LDR, Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TART plan submittals. 54. Add to the floor plan drawings of the individllal units a breakdown of the area within the unit. The area breakdowns for each unit shall specifY the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the al'ea of the building. Indicate how many of each type of unit will be on each floor and within the building. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 8 age DEPARTMENTS INCLUDE i REJECT 55. Add to the site data the total area under roof of each residential building. Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; b. Covered stairways; c. Common area balconies; d. Entrance area outside of a unit; e. Storage areas (not part of a unit); f. Garages (not part of a unit): g. Elevator room; h. Electrical room; I. Mechanical room; J. Trash room; k. Mailbox pickup and delivery area; and I. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 56. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6.The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 57. If this project is located within the Downtown Stormwater Improvement Watershed, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Bllilding Division at the time of permit application submittal. 58. Indicate on the plans the square footage per floor of the parking garages. Comply with the area and height requirements of 2004 FBC, Table 503. 59. A Mechanical ventilation system is required in the parking garages per the 2004 FBC, Section 406.4.2. 60. The passenger loading zone for the CRA trolley shall comply with the handicap accessibility reqllirements of the 2004 FBC, Section I I -4. I .2( c). ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 P 9 age I DEPARTMENTS I INCLUDE , REJECT I 61. Van accessible parking spaces shall be provided in the parking structures per the 2004 FBC, Sect6ion 11-4.6.2. 62. Location of exits in residential buildings shall comply with the 2004 FBC, Section 1015.1 and Table 1015.1 for exit access travel distance. 63. Indicate the overall height of the buildings on the elevation plans. 64. The buildings shall comply with 2004 FBC, Section 403 for high-rise buildings. 65. Indicate the occupancy type and type of construction for the residential buildings. 66. Sheet A2.04 ill - The floor plan does not depict all rooms, corridors, stair enclosures, etc. PARKS AND RECREATION Comments: 67. Park Impact Fee: 576 multi-family units x $924.00 - $532,224.00. FORESTER/ENVIRONMENT ALIST Comments: 68. Boundary Survey, Existing Trees Management Plan Sheet 1 of 1: The Landscape Architect should tabulate the total diameter inches of existing trees on the site. The tablllar data should show the individual species of trees proposed to be preserved in place, relocated or removed and replaced on site. The replacement trees should be shown by a separate symbol on the landscape plan sheet LND5 of 5. [Environmental Reglllations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 69. Plant Palette Legend Sheet LND5 of 5: All shade and palm trees mllst be listed in the description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground) not caliper, and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12'-14' to meet the 3" diameter requirement; or any clear trunk (c.t.) specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.] 70. All trees proposed under any existing overhead electric power lines must meet the FP & L Right Tree in the Right Place manllal selection for small trees only. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Pa"e 10 DEPARTMENTS INCLUDE REJECT 71. The applicant should show an elevation cross-section detail of the actual heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Woolbright Road, Federal Highway and S.E. 18th Avenue road rights-of- ways. 72. The total quantities of each of the plant materials are not shown in the legend. 73. Irrigation Plan: Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. 74. Trees should have separate irrigation bubblers to provide water directly to the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 75. Site plan approval of this project is contingent upon the approval of the corresponding request (LUAR 06-016) to amend the future land use designation from Local Retail Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C-3) to Mixed Use Low Intensity 3 (MU-L3). 76. Site plan approval of this project is contingent upon submittal and approval of a corresponding request for a height exception, HTEX 07-0 I, (max building height in MU-L3 is 75 feet). 77. Provide a notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. The traffic impact analysis must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to the issuance of any building pennits. 78. It is the applicant's responsibility to ensure that the new site plan is publicly advertised in accordance with Ordinance 04-007. 79. The applicant is responsible for compliance with Ordinance 05-060, the "Art in Public Places" program, and mllst demonstrate their participation. 80. Indicate on all plans all existing easements to remain and those to be abandoned or relocated. Indicate location, purpose, and width of all proposed easements on site and adjacent to subject property. 81. All proposed uses must be consistent with the MU-L3 zoning district identified in Chapter 2 of the Land Development Regulations. 82. The submitted list of pennissible llses for the LiveIWork units shall be included into the bylaws for the development. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-021 Pa ell I DEPARTMENTS I INCLUDE I, REJECT I 83. All proposed outdoor dining areas shall comply with applicable sidewalk cafe requirements. 84. All required shrubs are to be at minimum 24 inches in height, 24 inches in spread, and planted with tip-to-tip spacing measllred immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 85. Revise the typical drawing of freestanding outdoor lighting poles to include the height and color / material proposed. The design, style, and iIl11mination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.I.). 86. Show proposed freestanding site lighting locations on the site plan and landscape plan (LDR, Chapter 4, Section 7.BA.). Photometric plans must be submitted and aooroved orior to issuance of first permit. 87. Revise plans to include a detail of the upgraded Palm Tran bllS stop shelter on Federal Highway. 88. The applicant shall submit a Sign Program for the project prior to any approvals for individual signs for the project, and no sign permits shall be issued until such time as the Sign program has been approved. 89. Revise building elevations (ph ITA West) to provide architectural enhancements (faux features) or artistic components (mural, etc.) to west side of Pllblix building, and provide varying levels of landscaping up to a minimum of V, the building height. 90. Staff recommends that those areas in which the parking garage is exposed to the exterior of the proj ect, especially abutting the gas station, the commercial/residential to the south and along the west elevation, the garage openings be enhanced with decorative metal work, decorative shutters, awnino:s, and in some instances cascading landscape, as aporoved bv staff. 91. Staff recommends that prior to submittal for building permit, all of the building plans be modified to ensure that the actual roofline is 75 feet in height, in order that only those building elements eligible for Height Exception exceed that fio:ure. 92. Staff recommends that the Royal Palm trees proposed along Federal Highway and Woolbright Road facades of the buildings be installed at approximately half of the buildino: height, in the range 000-35 feet. 93. Staff recommends that applicant provide the necessary landscape at approximately half of the building height in order to assist in the screening of the oarking structure portion of the Phase IA building, behind the o:as station. 94. Staff recommends that applicant provide the necessary landscape at varying heights to assist in the screening of the three levels of parking at the sOllth end of the Phase ill building from the those properties not included in this project and abuttino: SE 18th Avenue. ELLIPSE/SUNSHINE SQUARE Conditions of Approval NWSP 06-02 I P 12 age DEPARTMENTS INCLUDE REJECT 95. Staff recommends that applicant provide buffer hedge and trees along the east side of the ingress/egress drive at SE 18"' A venue, to bllffer those properties not included in this project and abutting SE 18th Avenue. 96. Include details on plans of fountains proposed in north and sOllth commons. 97. The site plan depicts 12 off-premise parking spaces located along SE 18th A venue. These spaces cannot count towards the required parking for the project. The spaces must be removed from the parking tabular data and the spaces either created on-site or the shared parking analysis updated to ensure adequate parking is provided. 98. Should the applicant propose to place a gate within any or all of the parking structures to separate the residential parking from the general use parking, the applicant shall be required to provide an updated shared parking analysis to ensure that the assumntions made in the analysis are not voided bv such action. 99. Provide an interim improvement/enhancement plan that depicts infrastructure and landscape improvements to be performed in the event of a lag time of greater than six (6) months between the completion of one (I) phase and the beginning of the next phase of construction. 100.At time of permitting, the applicant shall sllbmit the necessary drawings to graphically demonstrate compliance with the Sky Exposure Plane requirement of the MU-L3 district and IO-foot setback requirements, where deficient. CRA STAFF Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS To be determined. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR/eb S:IPlanningISHAREDlWPIPROJIOCTSISunshine SquarelNWSP 06-021 ICOA.doe DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ellfipse APPLICANT'S AGENT: Bonnie Miskel, Esq. - Ruden McClosky 222 Lakeview Avenue # 800 West Palm Beach, FL 33401' APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a mixed-use complex in the Mixed-Use Low Intensity 3 (MU-L3) zoning district on a 14.43 acre parcel LOCATION OF PROPERTY: SW corner of Woolbright Rd and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREOIWPIPROJECTSISunshine SquarelNWSP 06-021IDO.doc TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-199 Chair and Members Community Redevelopment Agency Board and City Commission \.~ Michael Rumpf ~ Director of Planning and Zoning Kathleen Zeitler la Planner November 7, 2006 Ellipse / HTEX 07-001 Height Exception Sunshine Square CRP, LLC Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Sunshine Square CRP, LLC Bonnie Miskel, Esq., Kim Glas-Castro, AICP / Ruden McClosky Southwest corner of Woolbright Road and Federal Highway(Exhibit "A") Local Retail Commercial (LRC) Community Commercial (C-3) Mixed Use (MX) Mixed Use Low-3 (MU-L3) Retail: Office: Residential: 140,449 square feet 13,490 square feet 576 units (18 live/work townhomes) (558 condominiums) 14.42 acres (628,135 square feet) Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the Ellipse project. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 2 commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C- 3 Community Commercial. East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental! Institutional and zoned PU Public Use. BACKGROUND Sunshine Square CRP, LLC proposes to develop a large-scale mixed-use project to replace the dated Sunshine Square shopping center. The subject property is located within Study Area 5 of the Federal Highway Corridor Community Redevelopment Plan, and is currently zoned Mixed Use Low Intensity (MU-L). The applicant is requesting a rezoning from MU-L to the newly adopted Mixed Use Low Intensity-3 (MU-L3) zoning district, and requesting a new site plan in order to construct a mixed use development with the following: 140,449 square feet of retail space (including 20,000 square feet of restaurants), 13,490 square feet of office space, and 576 dwelling units (18 live/work townhouses and 558 condominiums). Approval of this request for height exception will be contingent upon the approval of the accompanying request for a new site plan (NWSP 06-021). PROPOSAL The proposed mixed-use project consists of buildings with six (6) residential floors above a floor of ground- level retail, commercial, and office uses, for a total of seven (7) stories. The proposed buildings would wrap around multi-story parking structures with a minimum clearance of 17 feet. The building elevations submitted indicate a roofline height which varies from 77 feet (all Phases) to 80 feet (Phase IIB South only). However, the MU-L3 district allows a maximum building height of 75 feet at the roofline. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.1., Height Limitations and Exceptions, notes that no portion of any structure shall exceed the height except for certain appurtenances on top of a structure such as parapets, cupolas, domes, and electrical and mechanical support systems which may be excepted. Therefore, staff is recommending a condition of approval which requires the building elevations to be revised prior to permitting to comply with the maximum height of 75 feet at the roofline (see Exhibit "c" - Conditions of Approval). The applicant has indicated to staff that they are in agreement with the recommended condition of approval related to building height, and have submitted reduced elevations which revise the roofline height to 75 feet (see Exhibit "B'~. The applicant is requesting a height exception of 19 feet to allow for a total of 94 feet of building height to accommodate the additional two (2) to five (5) feet of building, as well as the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "B'~. The requested height exception will allow architectural variation in the roofline and also conceal elevator shafts and stairwell enclosures. The actual height exception needed upon compliance with the recommended condition of approval would be 14 feet, rather than 19 feet, to allow a total of 89 feet of building height. However, some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting, therefore staff supports the height exception for the requested amount of 19 feet. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 3 ANALYSIS The objective of the mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height limitations and Exceptions, states that in considering an application for 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 premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the MU-L3 zoning district allows for a maximum building height by right at 75 feet. However, building heights in the MU-L3 may be increased to 100 feet, but only as a conditional use, and when located adjacent to MU-H zoning. As a conditional use, it would be evaluated against a different set of standards. The City Commission approved a new method for measuring building height based on roof type. Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard and parapet roofs with parapets less than five (5) feet in height, as measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. The south building elevation for Phase lIB proposes the tallest building within the development, and shows the building would be 80 feet in height at the top of the flat roof. All of the other building elevations (all phases) show the buildings would be 77 feet in height at the top of the flat roof (roofline). This does not comply with the maximum allowable building height of 75 feet in the MU-L3 zoning district. The applicant has demonstrated how the elevations will be revised to comply with the condition of approval prior to permitting (see Exhibit "B"). Certain rooftop elements reach as high as 94 feet or 19 feet above the maximum height threshold. The portions of the roof that require the height exception should consist of parapets, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, all of which are uninhabitable space. Upon compliance with the recommended condition of approval to revise the building height from 80 feet to 75 feet at the roofline, the proposed height would be compatible with the building heights envisioned for the MU-L3 zoning district. The height exception is required to adhere to the standards set forth in Chapter 2, Section 4.F of the Land Development Regulations. The Applicant has responded affinnatively to all standards for evaluating height exceptions (see Exhibit "B" - Applicant Letter). The requested height exception will not have an adverse effect on the existing and proposed land uses in the area. The roofline variation provides more of an aesthetic profile than a flat roof. The highest tower elements (at 94 feet) comprise approximately nine (9) percent of the roofline. The lower tower elements (at 85 feet) comprise approximately 17 percent of the roofline. Therefore, the highest points of the building roofs total approximately one- quarter (1/4) of the overall roofline. In addition, the roof profiles (parapets), will shield the centralized equipment areas from viewpoints of adjacent properties. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege. Staff feels that the additional height requested would enhance the overall project dynamic, and the exclusion of the additional height would be detrimental to the deSign of the proposed buildings. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 4 RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying request for new site plan (NWSP 06-021). The proposed Ellipse project would meet an objective of the CRA by creating a critical mass of upscale development in the downtown area that establishes a pedestrian environment and promotes the local economy. The applicant has demonstrated that the proposed project would meet the criteria as set forth in the Land Development Regulations related to height. The applicant has also agreed to staff's recommended condition of approval to revise building elevations at the time of permitting to reduce the building roofline to 75 feet. Some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting therefore staff supports the height exception for the requested amount of 19 feet. Staff recommends approval of the request for a 19-foot height exception contingent upon satisfying all comments noted in Exhibit "C" - Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:\Planning\SHARED\WP\PROJECTS\SUNSHINE SaUARE\HTEX\Staff Report.doc LOCATION MAP, Sunshine Square I....T ~... I J i i i lT IT U Lt.L=.JIB ]"C:::7'1 lFW: 1 T I , r c lmi~1 f= 1r--1T I I I I 1 ! I_JkI I '~~I Ui I~ I I i I ~ il I i I I I Iii tj - ,U' I /---J i I!UiiTlT 17(7 r=-~' ....1ft1t11Wlnj__ !YET} r \ LLJ { I -1! 1 II I ilTi 1=-'1 ~ I I I !II III1I11 I 1 '-----="/1'1 , I: i,' i I~ ~.I, I I' I ,', ,,;, ,'~ (' ,I r' " SITE !; I: T '1 i 1M -. ..-t-" II........" : I \' I ! I , , ,I L II l' --~ ,1 Rlt1- -- ~ri1 II tit i 'r/~j~l, 7/1~) ::'! / t9Cll~ a:fI'iJJ II; I I tr I /~, r ''''ll~ I =- 1I ! , ! III" II ~~IW ~'~F t= f-~Jj 1;/ I/LdH 1-' lj-I-- i II ~ , = ill , o,-I! ,I I =iIffiffiIBJ' .-.-J ~ I '-I" I '1' ~I L. .- -;; i \~ " I I U I! II 'II 11 :::::L ~L . 'I r I I LJ ~I II I t ., I J'= 1 II,~ , I ' I I I \ 7J ~ --- --:: ~OJiUlY ~-~ III r l~ c.:~~::.ll ........-:-11 . ......--- ~il I V1 j ~...J 'I , ' IllI!Ila"I" I I I I o ~.1 I (?/ "- r 960 ~ o - ."., L ~ - N 960 Feet A EXHIBIT "B" I Ruden ~~ McClosky 200 EAST BROW ARD BOULEVARD FORT LAUDERDALE. FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (954) 527~2476 FAX: (954) 333-4076 BONNIE.MISKEL@RUDEN.COM October 12, 2006 Ellipse Height Exception Sunshine Square CRP, LLC (the "Petitioner"), in conjunction with a proposed mixed-use (retail and condominium) project within the City of Boynton Beach Community Redevelopment Area ("CRA") is requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height. The property is located at the southwest comer of Woolbright Road and Federal Highway, and comprises over 14.42 acres (the "Property"), within the CRA. The general use and zoning pattern in the area can be described as follows: Ellipse North: East: South: West: MU-L3 (proposed) C-3 C-3 C-3 PU CommerciallRetail Vacant CommerciallRetail CommerciallRetail Commercial and Residential City utility plant Section 4.F of the City's Zoning Code ("Code") provides for height limitations and exceptions. Electrical and mechanical support systems, as well as parapets and similar structures may be erected on top of a structure, above the district height limitations with City Commission approval. The Mixed Use-Low 3 ("MU-L3") zoning district limits heights along arterial roadways, such as Federal Highway, to 75 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. In general, the Petitioner is proposing six residential floors, above a floor of ground level retail/commercial/office uses, for a total of seven (7) stories or 77' roofline. The City's Code provides for a height of75' for mixed use projects zoned with the MU-L3 district to provide intensities within the downtown area that will provide synergy between uses and enhance economic viability of downtown businesses. Height exceptions for rooftop mechanical equipment, parapets and similar structures are permissible, subject to City Commission approval. The Petitioner is requesting an exception of (up to) 19' for a total of 94'. maximum height to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on tower-like elements. A portion of this height is a result of accommodating sufficient height (17') at the first floor parking deck to accommodate fire truck circulation. The maximum requested height (94') will allow architectural variation in the roofline as well as accommodate elevator shafts and stairwell enclosures. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. fT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. 51. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Page 2 As discussed below, approval of the height exception will adhere to the standards set forth in Section 4.F ofthe Code. The Petitioner will demonstrate that the height exception: . Will not have adverse effect on surrounding land uses; Is necessary; Will not severely reduce light and air in adjacent areas; Will not be a deterrent to the redevelopment of adjacent properties; Will not adversely affect property values; Will not adversely influence living conditions in the neighborhood; Will not constitute a grant of special privilege; and Is needed for the proposed redevelopment project. . . . . . . . (1) land uses. Whether the height exception will have an adverse effect on the existing and proposed The proposed Ellipse project is located within the City's CRA. A general objective ofthe CRA is to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. The MU-L3 zoning district is applicable only within the downtown area. This district provides for buildings to attain 75' in height. The requested exception is not applicable to the entire building. Roofline variation and tower elements extend approximately 19' above the roofline. Roof profiles (parapet) extend approximately 4-6' above the roofline. The centralized location of the equipment, as well as the shielding that will be provided by the roof profiles, will prevent it from being obvious from adjacent properties, which are lower in height than Ellipse. The requested 19' exception will not have an adverse effect on existing or proposed land uses. (2) Whether the height exception is necessary. . Conformance with the height provisions would limit the size of the mixed-use project, require the ceilings of the ground floor retail to be lowered and the parking structures to be established as separate, freestanding buildings versus internalized and "wrapped" by screening retail uses, and/or would require a floor of condominium units to be eliminated from each of the buildings. The CRA area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order to promote quality redevelopment, Ellipse proposes 7-story buildings with the top floor being comprised of condominium units. The requested height is necessary to accommodate the units necessary to allow an economically feasible and well-balanced redevelopment project, while providing pedestrian-oriented amenities (commons) on the ground level. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. Sf. PETERSBURG. TALLAHASSH . TAMPA. WEST PALM BEACH Page 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The roofline variation provides more aesthetic profile than a flat roof. The proposed exception of 19' will not affect adjacent properties. The highest tower elements (at 94') comprise approximately 9% of the roofline, the lower tower elements (at 85') represent 17% of the roofline; therefore the highest points of the building roofs total approximately a quarter of the overall roofline. The roof profiles (parapet), which extend 4 - 6' above the top of roof, will shield the equipment areas from viewpoints. The requested building height exception will not create shadows or affect air circulation in a manner that negatively impacts adjacent properties. (4) Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. The requested height exception does not affect or impact the redevelopment potential of adjacent properties. The requested exception (up to 19') will not be injurious to the surrounding properties or public welfare. The proposed height is compatible with the building heights envisioned for the mixed use node at the WoolbrightlFederal intersection. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested height of the roofline variations will not adversely affect property values. Rather, the Ellipse redevelopment project will have a positive impact on property values in the area. This project along with other redevelopment efforts in the immediate area may spur other property owners to redevelop their parcels with structures and uses that are more consistent with the downtown vision the City has established for this portion of the Federal Highway corridor. (6) Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. The requested building height is not applicable to lands outside the redevelopment area, and therefore is peculiar to the Property. The proposed 7 -story structure is consistent with the vision for mixed-use projects at this gateway intersection. The exception (up to 19') will not impact other properties and is consistent with the public welfare. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT S1.LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Page 4 (7) Whether sufficient evidence has been presented to justifY the need for a height exception. The requested height exception is in keeping with the spirit of the height provisions for mixed use, high density projects in the City's redevelopment area, and is permissible pursuant to Section 4.F. The requested building height will accommodate 576 residential units, and commercial/retail/office uses, at a major mixed use node. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed project introduces new residents into the City's business core to foster patronage of its businesses and additional economic support for the redevelopment area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. CARACAS. FT.lA.UOEROAlE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH ~ ," j" ~~I ~:i ~~ < '" , , ill I , , Co mUIIJ-- tr~~, I I I , , I ..-.--- Ol-~ I , , I I , I l' ~~" I I I ~~W ~'~~'--;-~~--;G9 I'~ -~ 9", I 1 I I r "'1 I I . ~1~llllli~ it , , , , . " I I-~;:;-+-:;. I .. I .. I .. I ~" r EXHIBIT"B" Zo l<) 0" \=- < - it -I UJ ~ o z < UJ U) < :c lL < ~o 00 0"' l{)~ ,,~ ~~ ~< ~flj z 09 \-0 i.fi1J) ~t= I.!) c< \.!)z ILlii ~F 1.IJ...,j toY} ~~ 1i11;j ~ii\S'~; ll.!~1.!)5~ z;szll. i?~8~i!l -<o(N...JJ: [ta+",", ...JZ ~t: Wo(lI(j)tJ) ~ ~I ~~~, 01..% ~ ,<0 ~~~ ,~~, " ~ m' Ie I s , , I , z , 0 I i= ~ I -' UJ , ~ , I , !9 , UJ I ~ J: lL to , , , r-it I .g[ I , , . , , , I I I I I I I I ~I ~ t i III1 Ii ~~ D > <:l_ zo bC! 0'" ~7. ",'0 ~< ~~ z Q~ ~g l.O\.!) 0< \.!)Z Lib Zi= W-l ~~ Uw -W ~~ ~e. tel.Oo'l-lz WW>Z- llol~~i5~ 201 "- ~~~~~ ~!iE+~~ w<u!.nill EXHIBIT"B" I I I ,: !' " ",I ,I 't i' ! 1, ,. q , i+ 't 't ti i ~ 1---1 I 1- +,' t I." I I I ~ I I--_L-J~ ." I "'J .., : .. -'--_-1L I" ~_L---l ,~".. 1 I ,,6>1'. - I i f~-~' I m~illl &~I' I~~I ~~ ' ~~ ' I I I I I I I I I I I I I I I I I I I \;' '" zg O. Q'" ~" ,," ~~ ill'" l-~ Q~ ~~ l,J)~ ~< ~Z Witi I=~ l.)....I (j)\j) m~ [;j[;j c.::_ AO il'<l)~~1- UJW l-Z o.l~ ~5 ZQ2zltl:l.... ~~~~~ ~~+~~ w<(uij)(j) EXHIBIT"B" ~ II i:D S z o 1= ~ UJ -l UJ g Z ~ UJ ~ ll- < ~ "'- za oQ a'" ~~ "'~ <'~ ii'ia 1-6 Qij) ~F Cj)~ ~~ ~~ LUUJ 1=l.S) uu1 l!l(;j ifiw I,j bl1:: ~Q Wl$)o,\-1- tl:jl.Ll>z~ n.::~~6~ z:lZt.... ~~~~t ~~+~~ W<IIIJ)\f) gt~t/ I ~ ~ j ~ <' ~I ~t ji J J ~ i , , ,+ I~I 'v' ,iL, w EXHIBIT"B" i!' => a <Il ~ W <Il < I (L (u EXHIBIT "C" Conditions of Approval Project name: Ellipse File number: HTEX 07-001 Reference: Sheets A1.06 IA. A1.06 ITA. A1.06 lB. A1.06 lIB on 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BillLDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: CONDITIONS OF APPROVAL Ellipse (HTEX 07-001) PAGE 2 DEPARTMENTS INCLUDE REJECT 1. Revise all proposed building elevations prior to permitting to comply with the maximum building height of 75 feet as measured at the roof line. Site plan approval is contingent upon tbe approval of a height exception for elements above a roofline height of 75 feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: To be determined. MWR!kz S:\Planning\Shared\WP\PROJECTS\Sunshine Square\HTEX \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ellipse APPLICANT: APPLICANT'S AGENT: Sunshine Square CRP, LLC Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. AGENT'S ADDRESS: 222 Lakeview Avenue, #800, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE RELIEF SOUGHT: Request for a height exception of nineteen (19) feet above the maximum building height of 75 feet to allow roof profiles to accommodate elevator shafts and stairwells on proposed mixed-use buildings on 14.42 acres zoned Mixed Use Low Intensity (MU-L3). LOCATION OF PROPERTY: Southwest corner of Woolbright Road and Federal Highway). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 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. 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I' i I ill'I,!!!11i il I 111 lIb! i Ii ) ] I ill "" ~ .;1 I . bl.." , Ii' III I !.... II ~I h . to....::::: "- , ,;, ;;" ,_,::::~.,.-,._. _3:~ ~ ___._;W . i:-'"-.:, I I: J c ..:< ~ ,!;. ., ,,' . ,,' ~}; ," .~ , !-= .,.;!;;: ;:.: ;1 .' -'\~J'~ . i ~ : . -" . 0" ~~.~~:;.~~~ ;~~ .:W:i,! Hi O! .'", VII. PUBLIC HEARING: New Business C. Denmar Building - New Site Plan (NWSP 06-024) 11!~~<tY~T2~..C RA . East Side-West S',de-Seas',de Rena',ssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: I Consent Agenda Old Bnsiness New Business I X I Public Hearing Other SUBJECT: Denmar Building - New Site Plan SUMMARY: The proposed project is a 3,433 sq. ft. building comprised of retail, office and storage located at 617 NE 3rd Street. The land use is General Commercial (GC) and the zoning is General Commercial (C-4). The applicant was given the following comments by CRA staff: I. Add architectural details at east elevation. Suggested details: - Awnings - Trellis - Projecting Cornice - Lighting Fixtures - Canopy - Arcade This comment was addressed by adding an additional window, awning, scoring lines and notched parapet wall. 2. Add three horizontal scaling elements to the north and east elevations that delineate the base, middle and the top, Suggestions include: - A change in plane of at least 4 inches deep and at least 12 inches wide - Color change - Texture change - Architectural ornament - Art work This comment was addressed by the addition of a '/.," vinyl stucco reveal and scoring lines on north elevation, T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\Denmar.doc .1,_ 1'". r- ~, 'rl-,,\~ ~!I~<1Y~T2~CRA . East Side-West Side-Seas'lde Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT 3. Change fencing material from chain link to aluminum and provide design detail. This comment was addressed. The fencing is not visible from the street front. 4. Show location of public art. Suggested location is NE comer of site. This comment was rejected. The applicant is using parking area pavers as their art feature. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the site plan application NWSP 06-024 for the Denmar Building. ~7L Vivian 1. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\Denmar.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-195 STAFF REPORT TO: Chair and Members of the Community Redevelopment Agency Board and City Commission Michael Rump~ Planning and Zoning Director THRU: FROM: Kathleen Zeitler tz- Planner DATE: November 7,2006 PROJECT NAME/NO: Denmar Building / NWSP 06-024 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Mary Ann Monnin Agent/ Applicant: George Brewer of Brewer Architecture, Ine. / Mary Ann Monnin Location: 617 NE 3rd Street (see Exhibit "An - Location Map) Existing Land Use/Zoning: General Commercial (GC) / General Commercial (C-4) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 3,433 square foot building for retail showrooms, contractor offices, and indoor storage Acreage: 0.34-acre (14,975 square feet) Adjacent Uses: North: Two developed commercial parcels (Paper Roll Products) classified General Commercial (GC) and zoned General Commercial (C-4); South: East: A developed 7,500 square foot parcel classified General Commercial (GC) and zoned General Commercial (C-4) with a residence; Right-of-way for NE 3rd Street, and farther east a vacant 0.43-acre parcel classified General Commercial (GC) and zoned General Commercial (C-4); and, West: A vacant 8,302 square foot parcel classified General Commercial (GC) and zoned General Commercial (C-4). Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 2 Site: According to the survey, the subject site consists of Lots 71 and 72 of Arden Park which have been combined into a 0.34-acre parcel. The subject property is described as a vacant, undeveloped commercial parcel. The survey indicates that a portion of road right-of-way, which traversed in a southwesterly direction adjacent to NE 3'd Street, was abandoned by the City pursuant to Ordinance No. 294 in April, 1957 according to the plat of Arden Park (Plat Book 2, Page 96). In May, 2006 the Applicant petitioned the City to abandon a lO-foot wide unimproved alley located adjacent to the north property line of the subject property (ABAN 06-006). The alley was abandoned, conditioned upon the dedication of a 5-foot utility easement. The current survey indicates a 5-foot wide utility easement runs in an east-west direction along the north property line. This utility easement would not be altered by the proposed development and would remain in its current state. Proposal: Concurrency: Traffic: School: Police / Fire: Utilities: BACKGROUND The Applicant is requesting new site plan approval for the construction of a one- story 3,433 square foot commercial building (to include a retail showroom, and contractor offices with indoor storage) on the 0.34-acre parcel. The interior of the proposed building will be divided into four (4) business suites, each ranging from 810 to 1,000 square feet. ANALYSIS A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated August 14, 2006, Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards. The project is estimated to generate 161 new daily trips and has a build-out date of 2007. School concurrency is not required for this type of project. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending on 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 also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 3 Drainage: Driveways: Parking: Landscaping: 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). The site plan (sheet SP-1) shows one (1) pOint of access is proposed from NE 3'd Street. The proposed driveway would be 25 feet in width and provide ingress and egress. According to the Land Development Regulations, parking space requirements shall be computed separately for each principal use. Suites 1-2 are proposed as retail use and would require one (1) parking space per 200 square feet, or eight (8) spaces based on 1,620 square feet. Suites 3-4 are proposed as warehouse use for contractors and would require one (1) parking space per 800 square feet, or four (4) spaces based on 1,813 square feet. The site plan (Sheet SP-l) data indicates a total of 12 parking spaces are required on site for the uses proposed. The site plan depicts a total of 12 parking spaces, including one (1) space designated for handicap use. A 12 foot by 35 foot loading space has also been proVided at the west end of the proposed building. All parking spaces, excluding the handicap space and the loading zone, would be dimensioned nine (9) feet in width and 18 feet in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. The entire parking lot, including the handicap space and loading zone is proposed as brick pavers set in sand in a herringbone pattern. A walkway of brick pavers would also be located along the sides and rear of the building, providing pedestrian circulation as well as handicap accessibility. The use of brick pavers for all these areas is understood to be the proposed contribution to the reqUirement for Art in Public Places. The proposed open space or "pervious" area would be 3,968 square feet, or 26.5% of the total lot. The perimeter landscape buffer adjacent to the right-of-way of NE 3rd Street would be approximately seven (7) feet wide. The landscape plan (sheet L-l) shows thatthis buffer would contain four (4) Purple Glory Trees, 12 to 14 feet in height. These signature trees would require six (6) feet of clear trunk when installed within the safe-sight triangle, as noted on the landscape plan. The right- of-way landscape buffer would also contain a row of Redtip Cocoplum hedges and Lilly Turf shrubs planted in groups. The western perimeter buffer would be two and one-half (2 V2) feet in width and would include Live Oak shade trees and clusters of Sabal palm trees with a row of Redtip Cocoplum hedges installed at the base. The northern perimeter buffer is the same width and would contain the same plant material as the western perimeter buffer. The southern perimeter buffer would be two and one-half (2 V2) feet in width and would contain a row of Redtip Cocoplum hedges. Foundation landscaping around the building would include Lady Palms, Pinwheel Jasmine, Cocoplum, and Lilly Turf. Enclosed areas for roll out carts, storage bins, Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 4 and recycle bins located at the southwest corner of the site would be screened by landscaping through a combination of perimeter landscape buffers and landscape islands within the parking lot. All landscaping on site would be irrigated with an approved system connected to a non-potable water source. An existing five (5) foot chain link fence along the north, west, and south property lines will remain. Building and Site: The proposed building location on site complies with minimum setback requirements (25 feet front, 20 feet rear, and 15 feet side) of the C-4 zoning district. The proposed building is 3,433 square feet with a 23% lot coverage, which complies with the maximum lot coverage (40%) allowed in the C-4 zoning district. The proposed building has been designed as a one (l)-story structure. The elevations (sheet A-3) show the top of the parapet wall at 20 feet in height, well below the maximum of 45 feet allowed in the C-4 zoning district. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The floor plan for the building (sheet A-l) shows that the building would be divided into four (4) separate interior spaces for tenants, with bay sizes ranging from 810 to 1,000 square feet in area. Suites 1 and 2 are proposed as retail uses and include large storefront windows under a steel-framed awning. Suites 3 and 4 are proposed as contractor warehouse storage and include garage doors under a steel-framed awning. Each suite has a separate entry door in front and a separate rear door which is handicap accessible. Windows in the rear of the building are glass block. The exterior building design is compatible with the surrounding built environment in compliance with the Community Design Plan guidelines. The building entrances are enhanced by parapet roofs, large windows with fabric awnings, and these same features are mirrored on the east side of the building near NE 3rd Street. Visual interest has been added to the proposed building through the use of architectural details such stucco walls, scoring lines, and a decorative parapet roof. Building colors are neutral and include Sherwin William colors. According to the exterior finish color schedule, the main body color of the building would be light beige: "Ivoire" (SW 6127). The secondary wall color is proposed as a green: "Alchemy" (SW 6395). The front and side elevations (south and east) are depicted with canvas awnings over the doors and windows. These awnings are proposed as a black and tan striped fabric material. The neutral color palette proposed will be harmonious with surrounding developments. Lighting: The photometric plan (sheet LP-l) proposes freestanding lighting fixtures, as well as wall mounted lighting fixtures. The freestanding pole fixtures would be 16 feet in height and would be located at the access point and in the parking area. The freestanding lights would be silver fiberglass poles designed for a windload of 140 miles per hour. The front and rear of the building would include decorative wall- mounted lights near each door, as well as wallpacks for security lighting. All proposed lighting will be shielded to direct light down and away from adjacent properties and rights-of-way. Staff Report - Denmar Building (NWSP 06-024) Memorandum No PZ 06-195 Page 5 Signage: No freestanding or wall signs are proposed at this time. Art: In compliance with the newly adopted requirement for developments to provide public art work, the applicant proposes the art to be the entire parking lot. The applicant is the owner of a brick paver business and proposes to design a parking lot of pavers, in an interesting pattern with different paver types and colors. This artwork will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and artwork is still pending by the Arts Commission. RECOMMENDATION: The Technical Advisory Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\P,ojects\NE 3'" STlNWSP\Staff Report.doc Exhibit "A" - Denmar Building Location Map LJ ~ R2 --- Duplex Residential R2 - Duplex,Residential <<> 130 65 0 ~-- w+, s 130 260 390 520 'Feet .I~I! \- 1!li I.~ "lip J !J!~ I !!ff" _ if ~ili I il ~t J~.~ i,l" h ~ . .~ a~l~i I. ~ II~ la~ ,iflb ~ " ! ! < . ~uq ~" i a f ~~ h j : ~ ~~..i ~:~~J i' i L . I~I~ ,I!e !i!~Bj$f~d ~~~lb r- ;!~~~~B 1iI~;!:;j ~ 1"\1D:<5F!ZiIj ::R"''''I2~ r- M-< b1i:;u ~n~l: ~ ~~~~~~ ~:-'~~t3 ~ ....,,1""1-1 ::;l~c5:.... ~ ~~~>;l!::r:: Plff'11!" ~ -I~td""'i-:t "~~~1ao s ~iliC!f~: ~g~.::jg z ;!i~~~~E! n i~~ ~r*1~rui;~ ~d ~i ~~~~~u i~~i~ -<~bl~"'O;::: ~~%:Dod ~~~~~~ !;f!;i~~ -q~-tCl?)'" 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II d.1 "II I ' , I ! L ill HI~ I DENMAR BUILDING rr.I.~1 f IOflFICI! I RBTAIlJ W ARBHOUSB BUILDING I ilii.I*- 617 N.E. 3RD STRfET BOYNTON BEACH, FL 33435 EXHIBIT "8 ......... jiiiiil r lllUII 1IIlliP ,II! I . ~ ~ Ill, I!!! II! . :~ ~ I III " I '0 I8l ~ II . ~""O , 0 1" II Vl (i) tIj t:J 'III 1'1111111 11'1 fJ I@~I I,i 0 I I".. 'I III ~ ~.fl,. II II;; i I ~ i~~ ts II ~ . ....1 ~il I In' I I ~ ~ . .. I -c I nil I ~~ @ :Ow II ' I I ~ , ~ ~ ~ ~ : : : , : : ~ : , ~ : = . : ~ ~ : : ' , = : . : : . . i I I ii II II I I II II II II " 19 f I!' , ~~1I1 Ii _, .. II ~ U ~j1i . I I j!~ ~ I "1 15 ~ .! ~i~ ~ I ! f~ID d fil; i I I I I ~ ~ ~o~ ",oj '"~ ~'" -c :;;:=i :n~ ill ~ ill I8l I ~ ~ d H I '" r: 1_. ii~ I=~ ~ DENMAR BUILDING I OFFlCE/RBTAM'iARPHOUSBBlJU.DING I 617 N.E 3RD STREET BOYNTON BEACH.FL 33455 II II ", / C ..., / illl I <1I1' /' '" , ~I:' , I I I ~ ~ m m '1 I! 'I ~i ~I ~ n~ .CJ'.l t-:l ~ ~ d ~ ~~ 'CJ'.l t-:l ~ ~ ~ , , , , , , I: , , , , , , , , , , , , , , , , , , , , , , .~' Ii . 'i II ~J ~ II ! '1 I ~ ci ( I I ~I ~ ijili! I 1) ~ , , , flU i~ I m Ui '1 EXHIBIT "B I! II ~I , I , CJ'.l o ' Si .::t .:. "'. ,. ,.-" " ~ ~ d ~ , , , . , .' ....... . !: ~I I ~ 'II ~ i Ii 'U ~i Il ; ~I I' i , ;1 i . ; ~I ~i I '[t].." "j ~ I~L,V~:"il,;\!\r' I" , ' II s ;.\J\ ';, II l il ~I ", / ~ '.~' ::. . .'.., '"!. ., [] \ / , , ~ i I , I! l (I I II ~ ~p n ( ! ~I ~ ~ , ~ DENMAR BUILDING I omCB IRBTAIl.lWARIlHOUSB BUILDING I 617 N.E. 3RD STREET BOYNTON BEACH, FL 33455 '-II: I.~I iI~ =~. Ii i ~ ~ ~I I I ! i ..2....'(1 liiHi"l~ . . '..n 1I1i1I1U l's'lIn pnfill I'HI'~I I '-,..u. PH ni I. i' I Ii ~ " Ii I I UP , !lI'1 t'" i!'i ~I~' i~: ~id 111111 !~iJ I;:;~ 1111 ~II !~UI III 1",1 !'~I Jrl '1.1 i~ Ib iil I ~ a . ~~ 2.. i ~Iilllli Ilil 'li'll ~ I Ifill' m jll~.1 ~ I'! I!I.!I!I 'M i ~'j i iFI IIII l;l III. ,II I II~ Ilfi a III I~F! 2 i . ~~ " I, ~~'Ii I jl I II: ~ * '',If i 111'1 I · lit DENMAR BUILDING IOFFIC1l1 mww AREHOUSE BUILDING I 617 NE lRD STREET BOYNTON BEACH, FL 33435 "U: '.~I n~=~ EXHIBIT 'B >" '~I 'f I~I .i. I'i il I~II"I.I n il,= "111. · lIu' !II I i Ii I I --him IImm EXHIBIT "C" - CONDITIONS OF APPROVAL New Site Plan Project name: Denmar Building File number: NWSP 06-024 Reference: 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS -Solid Waste Comments: None PUBLIC WORKS - Forestry & Grounds Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES Comments: 1. All utility easements and utility lines shall be shown on the landscape plans so that we may detennine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LOR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Fire flow calculations will be required demonstrating 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 insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be detennined based upon final meter size, or expected demand. 4. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. CONDITIONS OF APPROVAL DENMAR BUILDING NWSP 06-024 PAGE 2 DEPARTMENTS INCLUDE REJECT 5. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 8. Please note that changes or revisions to these plans may generate additional 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 permit review. 9. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required and reviewed at the time of permitting. 10. Paving, drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: CONDITIONS OF APPROVAL DENMAR BUILDING NWSP 06-024 PAGE 3 DEPARTMENTS INCLUDE REJECT I I. 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 detennined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (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 pennit application. 12. At time of pennit review, submit signed and sealed working drawings of the proposed construction. 13. Add to the building that is depicted on the drawing titled site plan and floor plan a labeled symbol that identifies the location of the handicap-accessible entrance doors to each tenant space. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 14. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: . The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as detennined by the SFWMD's surface water management construction development regulations." . From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 15. Add to the submittal a p~artial elevation view drawing of the proposed perimeter fence. Identify the type of fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulations specified in the Zoning Code. 16. 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. 17. A water-use pennit 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 pennit shall be submitted at the time of permit application, F.S. 373.216. 18. 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 buildin 't application: CONDITIONS OF AFPROV AL DENMAR BUILDING NWSP 06-024 PAGE 4 DEPARTMENTS INCLUDE REJECT 0 The full name of the project as it appears on the Development Order and the Conunission-approved site plan. 0 The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 19. At time of permit review, submit separate surveys of each lot, parcel, or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 20. Pursuant to approval by the City Conunission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Conunission. 21. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. 0 Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) 0 United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) 22. Drinking fountains are required in each bay per the 2004 FBC, Plumbing, Table 403.1. Drinking fountains shall be handicap accessible. 23. This is a mixed occupancy building. Occupancy separation shall be required per 2004 FBC, Table 302.3.2, Footnote #B. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: CONDITIONS OF APPROVAL DENMAR BUILDING NWSP 06-024 PAGE 5 DEPARTMENTS INCLUDE REJECT 24. Revise building elevations to include colors and materials proposed for building walls, trim, roof, awnings, garage doors, etc. with paint manufacturer, name color of paint and paint code (i.e. Sherwin Williams "Ivoire SW 6127"). COMMUNITY REDEVELOPMENT AGENCY STAFF COMMENTS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: To be determined. MWRIkz S:IPlanning\SHAREDIWP\PROJECTSINE 3rd St,eet INWSP 06-024ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Denmar Building APPLICANT: Mary Ann Monnin APPLICANT'S AGENT: George Brewer, Brewer Architecture, Inc. AGENT'S ADDRESS: 85 SE 4th Ave, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 3,433 square foot commercial building on a 0.34-acre parcel in the General Commercial (C-4) zoning district. LOCATION OF PROPERTY: 617 NE 3'd Street (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PlanninglSHARED\WP\PROJECfSINE 3'" StlNWSP\DO.doc < o z =i -., 5 '" <5 ". '" ". -0 I' Ii I 1- 'i ~ ~~~ '", ';;0 " ". -""" o ,z Q Q C':l oc -.l &. Q n () ~ ~ ...".1. W Q () > > 51 '" r;; '" "" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ @ ~ ~ F ~ ~ 0 ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ @ ~ ~ ~ ~ ~ 0 c ~ ~ ~ ! ~ i ~ ~ ~ ., ~ ~ ~ ~ ~ i5 ~ ~ ~ z ~ ~ :,; (Zl ti3 g t""' g ~ ~ ~ ~ ~ CJlO ii'l~ -uO s:-< za ~z ::s;tIl ~~ I .." U ~ ~ H ~ ~ u ii " " j"~ I . ~ d) ~~*~2 1> J~ ~hl-il! ~ Ii! ':~I' "d i!~ i~..~~ .l-11'i ;;;l~"'H ~ ~ ~!> :; ~ ,- "....., CHl<OIJl' ~ \ ~ Ii! DATE ..,...,. , ,~ J--l ~-, ...''''' DENMAR 617 N E 3 BUILDING BOYNTONRD STREET BEACH, FL TITLE SHEET to o n ~~tj ~ ~-Jtn r:/l ~~~ ~ to~> R ~~~'T1::J g~~~~ '-' ~ r 0 ~~O ?O OtnZ ~ ~~C1 <; o Z > a r:/l )( ~ -\\ F\- r-.' . ~ : ri\ 1: !~I ~Wfi; J '/'1' I '''' ~ I jl!!tl : , , ~~<:;:. =i~ ~ I c 0 0 -j -j m I '" <D .. " I 0 z , P" ~gf;1 .,0 ~ ~.~~ P" ~g~ .,0 ---- ~~~" ~--.. 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'c 0001.0 0 ~ ~". o;'l :il~ ~ ~ I ~ ~ ~ ~s r;;g~ ~ g5 ~ "'~ I ! I . H !~ (,-;'i' ~ ~. t.. ~ ! ! l ,. , (I) 0 I>[)' ~. ~~ -:IJH fjj~U II! '1l ~ ~O I . r;;: -i H I zou I :IJ z;1 g i ~ w ~- ~, ~ ~ ~~ ~ I o fl ~ ~ I _ n [l ~ ~ ~ i ~ ~ . . " , g I .. lliilllll'~II'11 "I' ~'l ,,, ,~~ -11~ ~ I' ~ill J~' ~ Ij ~ I~J 'I' .~ . 1"Q I !ll,ill!lli'l x ~. I s~u I Il' II! iti !i ~. I @ g r ~~; I . - I~ -' ~ 2ia ~~~~~ ~ l~l ~;G~q i I .l"l i i~ ...;;l~r::E .' III ~ , . , . ! <<>lil.O; l.: '2g - = OH"D!lY """ n DJ\TE"''''' ,~ ~;'JDB"O-l'" DENMAR BUILDING 617N.E. 3RD STREET BOYNTON BEACH, FL " ! , I I 'I' I! li~. _ I .1 I! ~ I ~ mj ~~ II!;!! . =~ ~~ ~ ::~:~ ! ~ ..~ "l ~ " ~ !;;.ill ; i ~ ~ i ~ ~ !' . , I ; '0 , ~ z. ~ I ~ ~ . .. ,~ ,~ E."o~. \ "-., il Ii II!, "I \ \ !i 1!!i 'if, 11~li I~ 119ft j II ~,.- _ 1= i ~ ~ r .. .- "I!]< I; ~ ! l~ Iii!! I " ~ '"' I! '.Il ~ lil?li 1~ ~ " .- . 0 . '~,. ,.... !! ~ ~'.1 <::~>= i i Ii .} '" F &: ; 11 ii! ~ ,~! 'I iil ~I 51 Ii !r II ~ Ij I~ M I l~ ~ . ' , ... . .. 1:I~jll'i: Il!i'llll! ~ e ! I ~ ii' I! I:! 11,11" i ~ '~ , " I .! Ii ljln ii II ~llil . , . , ~ ~ '1'" 0 . l-1 !~ 0 II . i ~ 11... ';1 "1'1' ~ e ' , ." . , i: illlil i i! il.lli ~ a ~ !, I . Jl '. il','! 11-" (~ !~,I;bJJ~I~P Is I" Ii I. I -q I ~M'I - . , ~ . . ,I !I : Ih", l/i~h ... '.':;: I . . .1 I I .;.'. ~ , .! 'E I if II . ~. 1, . i j ~; " . '~ ~W" r.. . 1 I' Ij" . , I. ~. ~ '" !I i Ii 'I: I, II'jhl! .! il.l'!1 ~ I "':" "i -l:;. "j;; ~: -.." 2 i z . ~ ! o I g . " , z . ~ ~ ~ ~ i ';'.~_ e ~..' < < <l Il!F!! ! ,!ii!l; i !! 'iilllli II ,"1 i I !I!: ' MISCELANEOUS DETAILS 'I'! ~ l' K~ ~ljl I! jI ~W...'.'::.-.;'...J ;I!!l ~1 I'll ! 1'..11" 'Ii II 1M ; ~u " ~ ~. >. !lI;!ii J~~ii ~ ~" " ! >" . ;1;. 'l~ ~;: !tJ q, · ;;-::.1> Ii ~~lil'~"_" ~ ,,~ I!! ' F )\ ~'" ""!"<(., ~,,'( _Ii'lfi' ),. .;oJ ~ 111!r~ --- .........,,,.. .'::':;r= r 0 ~ ~ '" ~r:1 "' .0 ~~ II' " I r 0 ~ I " .. I " I 0 , . 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C" ~;;..:; o,i!:!w ~::! !i'~ ~'"Zt ~i '0 I '. ~" ',Z. ~~ ~~~~. v ---~------~ -'-"" ~r;:~IN_ I , -- i I , , 1 " 1; !~ ., , , ~ g;.. s> ~ fiI~ a~ ":::1'!~~ ~~~~~~~~ ~W i"i" I: ~h!! f~ ~Pi ! ~~.. .. '" ~ ~ ~ i ~ i n ~ ;;l ~ - ~ "" ~j~ "; I. ~ . , . . I I I 'I~ r li =: 12i II 1111'; ~ ~ & ~; ih Ipi II <:;"0( :5 . . ~ . DENMAR BUILDING 617N.E. 3RD STREET BOYNTON BEACH, FL WATER AND SEWER PLAN ~<, -~:~ ~......~ ~'l!i!fr i!'1 .~ il!j~' -n en OI>l> =i:D~rz m w 8~ "QH ';~H ZOU ii1 Z ~~ < OJ;", m m ill; -= ~., -= 0 s. I" ~ ~ @ : ~; ~ : :E ~I ~~I~~ ~. ~ a~;; Q Iii ,:,;1 .g i!~ ~~~il!~ ; ~i > 0 B .lJ ~ f5 2l if ~ -~ = CH"D8Y1>W'C ,...... o.o.TE"'..,. '" ,~ ~;'JOiI 00-,1>1 rTlll . ! - , ;~p i ! ; ~ , ~ ~ ~ ' l ~ ~ ~ ~ i . ~ ~ i P I! II '1 I, r II II !l ,. ~I 1. I i i i liii Ii!'; Ii I : ~ : i"" Ii :lIi.III" ,- ~ i:I!! ; ! !'!I,I!';iI! ,. . "'i~ IiiI' ""j ~. ! /Ill. - i1!,libjl I! ;: II - "!! ,'fli' II!I!~! :: I ; I , I""""!' ,- I I .j il'll.l ;, I 'Ii :l~i'! :: ! ! I ~ili! I .. i I Ii 1"1 ' ill li:J ~ w i I , . ~ II- ~I ~ ._... ~ ~~;:.'i~~.~ ~ i '1,'11 IIi! H.r: :!i, ; ~:,I~iin..~ ~-~~;I: "I!'! j'/ ;, I J' '''H'II I j illlli ,I, -. l.. "I,'j i 1':ljll,1 ll' !'II ! II I II i.1 i 11 .' . .' , , ~~ ~ - ~~ II j ! , ~ ! ~ ! l ~ l ~ 0 ! . . . ! ~ , F i , ! . ~ -~ ~ J, ~i EO : ~ .~ , 1iJ~ 3 :ll~ ~ ~. , .~ I ~~ ~ ;E ! ~~ i :~ i <. , Iii !l ~~ ~ .> , ~~ ., ::i~ : " - ~ .!.J ~~ t; :lllll!~!" !:illliilli ~ ,..... .1"1I11'1,' " :i! ;:11 ~ ,n j~, Il~ ;ii ~lh: .!:IJ~! 16 ! ~,~,.Iil -iI.'1 ,i ! !l! ~l:li !l! Iii ill ",' !ll~ ! i "I'll l; I ill:' Iii" ! l .: l'!~ I j.ljii " ".1 .! ,'I II' I I' .~I ~ i~i~: . !1 '!r I !~i!l! -! :I!" I ,i. 1,1 I ;" :; ~ I~I ! I' I I , \ . , ! .' , 'I II II , ii~ .0-,0' ."':"'" III .., .... i nl".':II':'I~I!I~il!!1 ''I, '11 ~llla'~1 ! I jl I ,Ii "li!"I" ~ "II !i Ii ,ill ,I,' . ! "I' 'j' I i~ 'I ~ i Ii! i lll~ ll!H!1 : i jl:nn; ~ :~I:ii a~ l 'III II! l: III 1;. ~ ~, ~ ;" ," - · I 'I 1 ., II ~:3~ i ~!~~I!I ! I .'I" I" II' ; .....l.! l'i!ll ! ~h ,Ii. l;j I~~~ ~~ lill~ '" ~~ ,;cl;.i'lllll!li ~ 1r:~!III!I'I'4 I.~ -I H. iii !III I! HI! Ii: PI'li! II; ill: ,I: l','! _ d I III III:' i ,,- I .l, Iii ,llq /III 'I' 1'1 1'''!'I''n!!''1 ::1 iill,l-lii!1 ,II 'j'b, .,:, :1! l.b'l li~ 1",III!ll i.ll : ;:i; l~ j . . . i Ii i~ '~Ii II" Iii 'i Ii i~i lj I ! I! ~i Iii! !i~ !!! II !Il!! ii , I' "1.,1; ". Iii II !I .ili I Il' '1'1' II "II I . Ipl:l Ii ,I ! I Ii I' I, 'I,' I! .- i ' I' DENMAR BUILDING 617N.E. 3RD STREET BOYNTON BEACH, FL I q Iii II ~ \ }! \'\ !~ ! ( 0\\\\'!i !~ I I ('" Ii;i III !l o l : I ii, if: ~ ' I" I, ;,' I ~. !. II < " 'I . . . . , '[l ~. ~ . '. II' 1'1 ~ ~ ~ ~ ~ , ~ ~ ~ ~ i ~ o , . . ~ '. ~ . , ~ I o~ -s ~ J,:~~ !O GENERAL WATER AND SEWER DETAILS li~i~I!!ill;!I:liliji!il~l !, 1~.III~IIP,' ,.1 I II ~I ~~ll I!, ! iI III i ~i i!'lii!ll~ il! l!I'iliiil !I e l:!I~ il! I! i !rllll! I~ I; illi:i~ !j lip Ii l !i ,! Ii ~iG! id: !,' ilj !i III'!!llj'I,:llll.illll , ! Iii'! I I 'j.: ~ nil~ilil. i iilll' ! f~, U ! J ~ . i ! : 1"111 Iii!'. ,,\.!; S!:il INr, ~jl II ~~ -", "".,.. . " ~!Il.lf' · ill! J ~~'f .: illi~l ":=:'L";t. =i.= ~! II j; II'; ii' II P ~ d )~\ =R= ! ! ~..! I" ; 1(, ! . ; ::i....~ ""e' ii' ! I ;11:1 ., II ' , I II' " , ..---, -I ~ I . . 51 ,. !l:' ~I ' ~~ Hili j', ! ~S%'.:'!....)I'! \ Ii liJ~ ~n : 'I a I! ! h ""~ib I! I ~. ~U 'I'!I il ! I~:! 111 ill ! "j , I ! t I, I! ' I ,ill ~j~".~ , !" j' . I i Ii!"" I' ~,~I !I ~~H'; ;~ 8 I' , i ~ ! ~ l ~ ! . . ; ~ n , ~ g. ~ ~ ;:j ~ ~ :1 !i~- e' l'OJ .:!~ II ! , d . . ~~ ; ~~ j ::lti ; ~'"' a :il~ ~ ". . ~~ ~ ~ , I , ~~~ ~ r..ill j. CD :D ... il i =i /'il~ m lD ~~ i ;J! ~ ~~ ! ~ , ~-q. , :D ~ ~~ = , ~ I !:1! lD j! ~ ; = " , Ffim !;l!:l n =< )> ~. ~ I () ~l I I6 ~ ~ i 0 I ~ @ g r '>l~.. ~ ~ Ii I , h =~ &; ~ '~ BUd ,. ~ , I i r.ij IilJl"J..,Q1!: ~~!~~ , " ~;;!~~~ 'q' ~ ~ , , W . 0"".... u. CH~O BY DIVC n ""TE:<I'io<l6 I 'llSOlJ.E ......:J !lJOU' ..."" . , :1 ! illl:;,!'li:I''',';!.,;;! i ~lp~U -i; IdiE! ~ : jl!il'jl!!!ll'::lh I , il,. !I'" i! I III i "11'li",dlll ~: . II; "'! "I" i . -" , ", . '.. I" I' i I g;j~li~I~~1 l n~ ; 1,III"i II,' II, , , .. . I " ", I 'I i' ~: ~ ill l di I,~ i ,".f .~ I I i nt>c ii! s~ ~ = I! i ! i" . "~, "! I" il I": . ~~; "I i! Ii il!l II!! I !l Ill! ,"ill Ii . .. I' ,I I! I; J ~ BJ' H Ie I , li"ii;!!", 1!!!!!I:~!I-Ei= .,!!II'!:I! Ii'- lilll'll! !" liliall!1 I;: ,,'IIII!1 I II' !." '(' Hid! ! I I . o " o " < ~ I: 'Ill " II I' " i I ~ ! = , ~ if I ~ ~ ~ ~ i ~ i . i jC:~!;; ""I ~a ;1 ' 1'1 I i; "Iii is ~ i ,H.n; n i g ..~~~ i ~. :l!iil i ~~. ! Ji;nf I --. ~ iii! a~f~ ;a.;l:!i i~:! I ~~!' ,Pilp ,,\;;j 1,5!d l::l!il t ~~! ~ j ,Ii ~~~ ~: iHi ~ ~. ~ I~:;C oop:B i ~ i ;! i 'Ii Cil :!:d"I!I,,~ n, ~I~~' n ill:IU: '~p,ld I~ .'.. '1'" , nl~ },I'l' I..,' 'i!' I I,ll'" 'i: ;',' ,I ~ I'nl! i"' 'j!.H ! I "ll , ~ " I i' I' " I i ! I , il:...IlIi< 11!:IIIIt: I, fllli'11 I 1,1" .~ ~ II jii:I,1 ;j' hiiiiiii=ijljiil '111 1'1 I ~!;, ! 1I!'I!'ll!I,11 .. II ~ . i . !il~ / , I IWil'!::!!li ~:Fl'- I i iii E 0: , , iljiji!j'!l!!!lIi 'j' Ilii ! i! Ii ~ I . " ~ ! ,:1"1111 :i,ll: ...., I!:I I ill! . , 'hI I,. I i "I' r ~: I II S ! ,-I II" '1 , I. ill: 'tz . I I'll ill i ,Il'li ,I illi ~'i 'p I ~ Ii' ,I I III', ' I I, '. ..... ~ ..' I. ) . ~~ I '. ! ,I Ii ili II I 0 i ~~ = Ii I m . '" ., , . ~s . ~~;;~ ~ .. ..1 ~I .,~ ~~ ~fii ." ..- DENMAR BUILDING 617 N.E. 3RD STREET BOYNrON BEACH, FL WATER AND SEWER DETAILS ""' '''''~'t, <0." "=:'i~. =~~ ~ bilfl' I!II .~ illj~~ ; -n ~ ;i' en 0"", =l :IJ ~~ m m ~~ OJ O.~ r -< ~~ ~ ~ <I z 0'- :IJzU 'J! m~! - m ~n m ~ ~~ :;: () ~i Ia !: ~ " ~ ~' ~~; ~ ' ~ ~~i~~ fi Ii lil~':'-<~ ~ II !lr~~ i "i .~;;I~!:lg P III ~ I ~ II~ OAA.... us O<KOBY DWC n o.,TI;fIl"'" 00 l~ ~1". ill !ei'ij\~ip t,! !DI~!1I!' ~ I ~ld!I~:1 ilj I P.! 'I II" I t ~ 1Il ~ ~i :ll~i; . . i : s d" I. ;'~ ! Ii, .lillI, ,-- e II ~ I ~ I . ~" I; n:r! ; i ' Q~ ~. ~ i I II ., c- lloC 0 I I ~ 'I: ! ' , III !i! . ~ , . p' , ~. ; ~i ;;;~ ~ "I I Ill!' --" . . :::;~ :! t'. _t , , ill i= ilj II I !lil!' d I' ',.I q', 1!'~ ! H !! ~! l= II ~ , q Iii ~ ! IiI' I II ~ ' , ! '111 - , I .. i . U I,,! I II :~I: . I ij ; I ~ s. ~ . "I i ~ I " . ! 0 . ! ~ ; , I ~ ~ . I ~ " . ,,' .. " II I, 'I i, II , , , . I I I DENMAR BUILDING 617 N.E. 3RD STREET BOYNTON BEACH, FL i'l I il I ~ I i ! II ~ ill !1!i~!~!e~!lW' ~fU ~! '.!:~':';! :!,jlld! I ~ ~ ;~il;i ~'1II'1~~i . s i :iI i~!l II :I",',5i, !, : i II 'jl d. '~l ~ i ~ ill I ! 'll" ~! l ill i! il~ g' I ~, . II ! ~ ! I" 'I .I. H ~ Iii : ; ~ ! II l ',-' , l~. " I. I I ~~ ,. -, i II I I' I " I . I !y~ i , i , I ~1~ 'I'!' ~IPI , .~ 11'1 i' . III 1'1 II, I' II! I! 'I !! ' 1'1 ~Iiiilil'!ill!i ! ,~ I. II I' "'I" lill"IIII',iI fi'l P!:i!i:!! ~I! ! il!" !I! ~,! i!lllll:1 'I ::Il;t a$1 I 'jlll! !II ,IIH!l'l ~ .! i$ ~~I I TI . i!~ 'iI~li i ; JJr II! _ _ I', I- I ':~]LOi II; . 1l r i f.--:, ~ 1t:~';::::!I ; ~ 'DT T~~ II; . I! I' "I Ii 1 1 - ,I~l lillnL r-""'-1il.i :!li~!i i ~ ~ ~~ " , . l d' ..... 'l~ ii ! !l!II;!;,iliiiiji~iii~H~:I! -, I 'Ill '/:1' IIllo.,UII. I , '. i ','I': II. 1"!I"~1 I I, 'I ~ l i J: !111!~!I,lq. jll!'11i11i i .m!I' I 1=, . '- ".. II II'~.' ~"'llil' '""l" ' I ~ ~!. I 1,,111 QI'" w , . i~i; i ill! !'1"'15l!li! & II .', ; ~'i . I! Ii ;Iljlii' ~ II ;.. I . i ~ i. I I " ! l lilli! II f~ !i [: a; i i I ! Ii iil I ~ i~: I I II qd',! i!l,i ,I I I I ,. 1,/ "1 ;; i I I f! :1, Ii' , ,,! i Ii' I I ill .!. ~r!B I' I t. ...~ . I WATER DETAILS 1\ d(. ~:;:~<<,. ,~ ~!l'!f ,II, ,I! . ..I ilf;~ .'::,";1= g ~ J ~ , 2 ~J'; ! ' I !II,1 · i!' hI. 11-' ~~~; .~~;!; W!~ OJ ,-" .-,.." '0:-< 1O!i! ........ iii !l~~Z~:S l;l~S!;!l! tl '.'~ · ;:~.~~ 'l ;:.a;~;: ~i~~' · I....~ n i.' -< !"J;" d..~;1! <~!m!~ I,~~: ~._.~o .~'I~' ~.:.~. .; ~, , ' ~. e. ~~ ~;fi:1 S:"!; ;~.;;:~ ~~iu 00.', - 'z.1 .~:".o ~~p" ,"o!" .<21' .~~~~ i~. .'s- S -,..! :i~iiiS2 11l1i'! - 'I il i!l I I! II' 'I p'r.,! !ld~1 , !II: ! 'I . , ", ii~ -.- .-- h /I::-~ , i .'~ , ,I" , . . . I, I". 08.07'2" n" 6~"JOO.99'---=-- k . . '- . j " . . ~ . ! ~ " . i , i . ~ --- --- -__ SO" R/W --Ii. 1617 N E 'i;----- _ . . 3RD STREET ~i~!~:~~~~"':'5:::fl!Ii!':'9; ~1!i:~~Ja'~l!~~~~n ~ iiiilf~~i~jijliIIWIj~iiISl!ii!iiiiijnijiii ~ . I jl,i ,llmlfrllJillll! I d'lll! I '0> !:r' I::: ,," r --4> I m m 'I,'il! j! I !,I, I .1 I i I WI '~I I!ll Illil! II I! f' 1-1-1 II I! '!I~I 'I '! .,\ I!!M !. II I~i II i' ~1,!1 l'hi! i1i!il ~.~. t ~ll lill! Ill't 'i!~ II Iii I'!I l~'l "1 " pili !lll II I"! "I II, !. jl ,. ----E _ j',- NJt-- "- (ae'~)"--r - -I-j -/~- . '- , -- ~~-------- --- rn H!pm' 'Iq 11!1: 11!1!!!!1 !II ~ Iii 1111 ,t! 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FL 33455 ,J" l.tpr.; ",!i;.. 0 '/7-- -~; !.~~ "e. ~ e~ ~ .II ~ 1 !~ > DENMAR BUILDING r!!; ~.~~ Ir ~ ><>6 I OFFICE I RErAIL/W AREHOUSE BUILDING I l'~.~~ n ",'" 0 ...,. 6 17 N.E. 3RD STREET ! ,.~. ~ BOYNTON BEACH, FL 33455 i e~: .u ~~~<tY~T2~iCRA . East Side-West Side-Seas'lde Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2006 AGENDA ITEM: j Consent Agenda Old Business New Business I X Public Hearing Other SUBJECT: The Arches - Site Plan Time Extension Request SUMMARY: The applicant is requesting a one year time extension of the major site plan modification and height exception. Although granted two previous site plan time extensions, the major modification approval reset the clock. If granted, the site plan and height exception would be extended to September 6, 2007. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the applicants request for site plan time extension SPTE 06-0 II. v~~ Vivian 1. Brooks eRA Planning Director TIJ\GENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\06 11 14 eRA Board meeting - November\Arches SPTE.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 06-180 TO: FROM: Chair and Members Community Redevelopment Agency Board Michael R~'(2...---' Director of Planning and Zoning Gabriel Wuebben d 0 Planner "1 THRU: DATE: September 8, 2006 PROJECT: The Arches / SPTE 06-011 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Ventures I, LLC Applicant / Agent: Ms. Bonnie Miskel with Ruden McClosky Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A") Existing Land Use/ Zoning: Mixed Use Core (MX-C) / Mixed Use High (MU-H) Proposed Uses: Request site plan time extension approval for a mixed use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres. Acreage: 4.688 acres Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); South: East: Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and Right-Of-way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. West: Page 2 Memorandum No. PZ 06-180 BACKGROUND Ms. Bonnie Miskel, agent for Boynton Ventures I, LLC, is requesting a one (1) year time extension for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05-006), which were approved by the City Commission on September 6,2005. These approvals are 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 extensions were approved, the expiration date, including concurrency certification, would be extended to September 6, 2007. According to the site plan staff report, The Arches was approved to construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant space). The height exception request was for certain rooftop elements that conceal mechanical equipment, elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". 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 extension request August 17, 2006- approximately three (3) weeks prior to the expiration of the site plan and height exception. According to the time extension application, Ms. Miskel indicates that they have completed a full set of plans and specifications for the project, at a cost of over $800,000, which has been delivered to the City for courtesy review. They have also performed the demolition and site clearing, completed a re-plat of the project which has been submitted to the City for review, and paid multiple fees associated with development including the following: the courtesy review fee; water/sewer capacity fees (approximately $350,000); BellSouth permit fee; demolition fees; and the fence permit fee. The project has been delayed by a series of apparently inevitable and unpredictable obstacles, resulting in previous site plan time extension applications and a major site plan modification. The latest pitfall, which has resulted in this application, is the delayed FPL review of the project and the relocation of its facilities. The applicant states this delay is a result of the hurricanes last year,and FPL's backlog has prevented a timely review of the Project, The applicant also has indicated that a major BellSouth utility was identified on the site, and moving the utility would be extremely time consuming and financially unfeasible. Therefore, alterations to the project are necessary to move elevators, thus creating a delay of over 5 months. As such, they are requesting a one (1) year time extension to gain the necessary permits and begin construction. Although this project has been awarded two (2) previous site plan time extensions, the subsequent Major Site Plan Modification in effect resets the entire development clock and marks a departure point for what is essentially a new approval procedure. In this respect, this is the first site plan extension request for the revised project in accordance with the City of Boynton Beach Code of Ordinances. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and approval. The Traffic Division determined that the proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build-out date of 2010. Since the applicant has what would appear to be adequate time remaining on the applicant's traffic concurrency, nothing further in this regard is needed at this time. The Page 3 Memorandum No PZ 06-180 site plan time extension would still be subject to the original conditions of site plan and height exception approvals. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060 RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension ofthe major site plan modification (MSPM 05-008) and height exception (HTEX 05-006). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to September 6, 2007, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTSIARCHES @ BS\SPTE 06-011IA,ches SPTE 06-011 Staff Report.doc Exhibit "A" - THE ARCHES Location Map .. , 110 55 0 ~-- 110 220 330 440 , Feet N .+" s Exhibit "A" - THE ARCHES Location Map . 110 55 0 ~-- 110 220 330 440 I Feet N ~+" s EXHIBIT B ~~ Ruden ~IIMcCrosky 200 EAST BROW ARO BOULEVARD SUITE 1500 FORT LAUOEROALE, FLORIOA 33301 POST OFFICE 60X 1900 FORT LAUOEROALE, FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONNIE.MISKEL@RUDEN.COM 10), ~ @ ~ ~ w ~ rm lnl~__~lUJ August 16, 2006 VIA E-MAIL, FACSIMILE AND V.S, MAIL OEfP"ARTMENi- OF- <.-.f'/ELOPMENl Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: The Arches (MSPM 05-008) Dear Mr. Rumpf: The purpose of this letter is to request a one year time extension for the above referenced project. The date of the Development Order approval was September 6,2005. The applicant is requesting the time extension because of unforeseen delays in the development process including the relocation ofFPL and project modifications required as a result of BellSouth utility lines, The Developer had anticipated that it would take FPL several months to review the Project and the relocation of its facilities. Instead, as a consequence of the aftermath of the hurricanes last year, 500 Ocean Plaza formerly known as the Arches was caught in a backlog of projects requiring FPL signoff. Only recently, after a six month delay, has FPL signed off on the relocation of its facilities. In addition to the FPL relocation, the Developer has also been required to address the relocation of a major BellSouth fiber optic trunkline serving a substantial portion of the City of Boynton Beach. Since relocation was not economically feasible and would delay the project and inordinate amount of time, the Developer was required to substantially modify the plans and relocate the elevator banks to accommodate the BellSouth optic fiber trunkline without relocation. The process of identifying the BellSouth facilities, evaluating the ability to relocate same and the redesign of the Project to accommodate the BellSouth fiber optic trunkline has delayed the Project more than five months. The Developer has completed a full set of plans and specifications for the Project which has cost the Developer more than $800,000.00 to prepare and has submitted same to the City for courtesy review. Additionally, issues were raised regarding the need to replat the Project. The Developer had its engineers prepare a replat of the Project which has been submitted to the City FTL:1B85170:1 CARACAS. FT.LAUOERDAlE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A. Mr. Michael Rumpf City of Boynton Beach August 16,2006 Page 2 for review. The applicant has paid multiple fees associated with the development of this project including: the courtesy review fee; water/sewer capacity fees (approximately $350,000.00); BellSouth permit fee; fees to demolish existing structure on the site; and the fence permit fee. As significant unforeseen difficulties have arisen, a one year time extension is reasonable. Should you have any questions or concerns related to this letter, please feel free to call me. BLMlbab Sincerely, (~~ /;,~ ~JhL Bonnie 1. Miskel [btt-b) FTL:1885170:1 CARACAS. fT.tAUDERDAlE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE I SARASOTA. Sf. PETERSBURG . TALLAHASSEE I TAMPA. weST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A. EXHIBIT "C" Conditions of Approval Project name: 500 Ocean (fka The Arches) File number: SPTE 06-011 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. 500 Ocean (fka The Arches) SPTE 06-0 II Conditions of Approval PaQe 2 I DEPARTMENTS I INCLUDE I REJECT II ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:IPlanningISHAREDlWPIPROJECTS\ARCHES @ BBISPTE 06-011ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 500 Ocean (fka The Arches) APPLICANT: APPLICANT'S AGENT: AGENT'S ADDRESS: Boynton Ventures I, LLC Bonnie Miskel with Ruden McClosky 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2006 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2007 LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 "CO 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:IPlanningISHAREDlWPIPROJECTS\ARCHES @ BBISPTE 06-011\DO.doc J!~~<1Y~T2~IC RA . East Side-West Side-Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X I Pnblic Hearing Other SUBJECT: Revised Evaluation and Appraisal Report (EAR) SUMMARY: The City's latest Evaluation and Appraisal Report regarding the Comprehensive Plan was found to be insufficient by the Department of Community Affairs (DCA). The City has subsequently revised the Report (attached) to address DCA's concerns. Upon adoption by the City, the revised Report will be transmitted to DCA for review. If the Report is found sufficient by DCA, the City will then revise the Comprehensive Plan based on the revised EAR. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the Revised Evaluation and Appraisal Report as presented. caq<a~ CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fo'ms by MeetlnglFY 2006-2007 Boa,d Meetings\06 11 14 eRA Board meeting - November\EAR.doc ,.'~( ;",,', '. I .,,\ :.. . ".' I'"" ,', . ';"" " DEPARTMENT OF DEVELOPMENT Planning & Zoning Division Memorandum No. PZ 06-198 TO: Chair and Members Planning and Development Board Community Redevelopment Agency Board and Mayor and City Commission FROM: Hanna Matras Economic Play~ Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: November 1, 2006 SUBJECT: Revised Evaluation and Appraisal Report Every seven years, the State requires that each local government complete a review of its Comprehensive Plan. You may recall that in 2004 City staff held "scoping" workshops with you to identify any growth management issues affecting the City of Boynton Beach as a prelude to developing the Evaluation and Appraisal Report. The EAR report was adopted and transmitted to the Department of Community Affairs in December of 2005, DCA completed the review of the report in March of 2006 and, based on criteria set forth in Chapter 163, Part II, Section 3191(6), Florida Statutes, determined it to be "insufficient", The DCA letter dated March 14, 2006, identifies several deficiencies, including: . Lack of financial feasibility analysis for the Comprehensive Plan-determined improvements necessary to maintain adopted LOS standards; . Lack of review of changes to statutes, rules and Strategic Policy Plan and their relevance upon the City's Plan; and . Lack of analysis of successes and shortcomings of each Plan's element. Moreover, DCA was critical of the process that led to the identification of sanitary sewer capacity as the only "Major Issue" that would receive special attention through the evaluation process, Attached you will find the final draft of the revised Evaluation and Appraisal Report, which addresses these deficiencies, In particular, the shortage of workforce housing has been recognized as the other "Major Issue" facing the city, As per an agreement between staff and DCA, over the past few months DCA conducted a preliminary courtesy review, and, based on verbal communications, no deficiencies have been found to date. It is possible however, that after the boards' review and prior to the City Commission public hearing on December 5, 2006, minor changes will have to be made to the report, It is not anticipated that any such changes would have a significant effect on the report. The statutes allow for adoption of the EAR by either resolution or ordinance, Since a resolution requires only a single public hearing for adoption, we are requesting that in the interest of time, the report be adopted by resolution, Once the EAR is adopted by the City it will be transmitted to DCA for their formal "sufficiency" review, The DCA has 60 days to complete the review and issue preliminary comments regarding the finding of sufficiency, The final Finding of Sufficiency will be issued approximately 30 days later, or 90 days after they receive the adopted report, The final step in the process will be revisions to the Comprehensive Plan, based on findings and recommendations in the EAR, These are due 12 months after the finding of sufficiency, Should we not, for some reason, adopt and transmit the revised Evaluation and Appraisal Report, the State will refuse to accept any Comprehensive Plan amendments, either small scale or large scale, until the report is adopted and transmitted. S:\PlannJng\HUDSON\EAR ll\Adoptlon Transmittal Memo 2006.doc 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Kurt Bressner, City Manager Quintus Greene, Development Director Michael Rumpf, Planning and Zoning Director Table of Contents Table of Contents............. .......... ,............. .............. .......,.................. ......................... i M A d. ... ap ppen IX ..............................................................................,...........................111 List of Tables......... ,............ ....... .............. ................... .............................. .............., iv Chapter 1 - INTRODUcrrON AND IDENTIFICATION OF MAJOR ISSUES 1. Introduction ........................,.................................................................. 1-1 2. Public Participation Process ........,............................................................ 1-2 3. Identification of Major Issues ......,.....................................,.................... 1-3 Chapter 2 - CONSISTENCY WITH STATE AND REGIONAL PLANS 1. Consistency requirements ,.......................................,......,....................... 2-1 2. State Comprehensive Plan........................................................,.............. 2-1 3. Treasure Coast Strategic Regional Policy Plan.........................................., 2-2 4. Chapter 163, F.S. and Rule 9J-5, F.A.C. ..............,.................................... 2-2 Chapter 3 - LAND USE AND POPULATION ANALYSIS 1. Population Analysis..,............................................................................., 3-1 2. Land Use Analysis...........,..................................................................,.... 3-4 Chapter 4 - Assessment of Plan Elements 1. Future Land Use Element...............,............................,........................... 4-1 2. Transportation Element....,..........................................................,........... 4-7 3. Utilities Element ..,................................................................................4-12 Sanitary Sewer Sub-Element ............................................................ 4-12 Stormwater Sub-Element ...............,.......................,...............,......... 4-14 Potable Water Sub-Element........................,.......................,............. 4-15 Natural Groundwater AqUifer Recharge Sub-Element......................... 4-16 Solid Waste Sub-Element ............,.................................................... 4-16 Conservation Element .............. ............... .......... .........................., ............. 4-17 Recreation and Open Space Element ............................................,............ 4-19 Housing Element ............,........... ......... ..................,.. ....... .......... .......... ..... 4-21 Coastal Management Element .........,......................................................... 4-25 Intergovernmental Coordination Element ..........................,........................ 4-29 Capital Improvements Element.................................................................. 4-34 Public School Facilities Element ................................................................. 4-41 Chapter 5 - SPECIAL TOPICS 1. Demands of Growth: Concurrency Management and Financial Feasibility of Providing Needed Infrastructure .......................................... 5-1 2. Long-Term Water Supply and Comprehensive Plan ................................. 5-12 3. Redevelopment in High Hazard Coastal Areas......,.................................. 5-14 City of Boynton Beach December S, 2006 Evaluation and Appraisal Report 4, School Concurrency and Planning, ,............................,....................,...... 5-15 5. Implementation of TCEA. ............................................................,........, 5-15 6, Traffic Impact Methodology..................................,.............................., 5-15 City of Boynton Beach December S, 2006 ii Evaluation and Appraisal Report APPENDIX 1. MAP A: Future Land Use Map with TCEA 2, MAP B: Vacant Parcels 3, MAP C: Residential and Mixed Use Projects Approved on Sites Intended for Industrial Uses 4. MAP D: Development and Redevelopment Activity Along US-! Corridor City of Boynton Beach December 5, 2006 Iii Evaluation and Appraisal Report list of Tables Table 1 Changes to Chapter 163, F,S., 1997-2005..............,..........................,.2-3 Table 2 Changes to Rule 9J-5, F.A.C. ..,......................................................... 2-27 Table 3 Average Annual Growth Rates, 1960-2005, with chart ......................... 3-1 Table 4 Population Growth, 2000 Census and 2001-2005 Estimates, with chart. 3-1 Table 5 Residential Permit Activity 1991-2005, with chart ........................,....,.. 3-2 Table 6 Population Projections vs, Revised Estimates, with chart......,............... 3-3 Table 7 Existing Land Uses on Developed Parcels..............,............................. 3-5 Table 8 Vacant Developable Land by Land Use Category, 2005........................3-6 City of Boynton Beach December 5, 2006 iv Evaluation and Appraisal Report The City of Boynton Beach is located in southern Palm Beach County, with the Town of Hypoluxo to the north, the City of De/ray Beach to the south and the towns of Ocean Ridge and Briny Breezes to the east. Lands to the west of the City are in unincorporated Palm Beach County. It is the third largest city in Palm Beach County and has a number of location advantages which contribute significantly to its overall economic potential. · The city is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach, This puts it in the heart of southeast Florida's rapidly growing tri-county Dade/Broward/Palm Beach metropolitan areas. · The city has direct access to the Intracoastal Waterway and both Interstate 95 and the Florida Turnpike, It also has a market of over 6,5 million people within a 100 mile radius of the city and ready access to three international airports, three major seaports, two major rail lines as well as the Tri-Rail commuter rail system. The original plan for the City was recorded on September 3, 1898, and contained 160 acres, although the town was not incorporated until 1920. Today the land area of the incorporated City is approximately 16.4 square miles; the city Utilities Department, however, provides water and sewer services to an additional land area of approximately 33,000 acres. The City's 2004 population is estimated at 65,208 permanent residents, with a seasonal population estimated at 5,299 persons, The City was traditionally considered a low-density, low-rise community; however, in recent years Boynton Beach has focused on encouraging the redevelopment of the City's coastal area and in the Community Redevelopment Area. Mixed use regulations drafted to implement the City's vision, which began with the 20/20 Redevelooment Master Plan in 1998, have dramatically increased the allowable densities and intensities of development in these areas, In addition, the City has provided similar incentives to encourage mixed use development and redevelopment in more suburban areas of the City, to offset the patterns of sprawl that had been previously embraced, The City of Boynton Beach adopted its first Comprehensive Plan in 1962. Updated Comprehensive Plans were adopted in 1972, 1977, In 1986, the City prepared an Evaluation and Appraisal Report (EAR) of the 1977 Plan, pursuant to the State of Floricja Local Government Comorehensive Plannina act of 1975 as amended, The 1989 City of Bovnton Beach Comorehensive Plan was adopted partly in response to the 1986 EAR and also to meet the State's minimum criteria for comprehensive plans found in Rule 9J-5 F.A.C. as adopted in 1986, Pursuant to the requirements of the same Rule, as amended, the previous Evaluation and Appraisal Report of the 1989 Comprehensive Plan was adopted in 1996 and updating amendments to the Comprehensive Plan resulting from that report were adopted in 2000. City of Boynton Beach December 5, 2006 1-1 Evaluatlon and Appraisal Report Introduction and Identificatlon of Major Issues The Evaluation and Appraisal Report of the 2000 Comprehensive Plan was adopted in December of 2005 and subsequently submitted to the Department of Community Affairs for sufficiency review. On February, 2006, the City received the preliminary Sufficiency Determination letter from the Department, concluding that its EAR report is insufficient. Final Sufficiency Determination letter was received on March 14,2006, This EAR report has been revised and addresses the indicated deficiencies. It has been prepared to meet the requirements of Section 163.3191, F.S., that were adopted "to ensure the comprehensive plan is modified to reflect changes in the law, to respond to unanticipated problems and opportunities within . , ,(the) . , , community and to address any major issues recognized by . . . citizens and government officials," In accordance with Section 163,3191(2)(j), F,S., the City of Boynton Beach was required to submit a summary of the public participation activities involved in the preparation of the Evaluation and Appraisal Report, The table on the following page outlines the workshops and public hearings that were involved in the identification of the major issue and the preparation of the EAR. TABLE 1. Public ParticiDation Process Date Activity Notice June 1 2004 Plan nino staff "scoolno" meetino In-house meetino June 14, 2004 Staff meeting (including department In-house meeting directors) on preliminary list of major issues June 17, 2004 Public Workshop including Community Advertised in local section of Redevelopment Agency Board and newspaper Planning and Development Board: identification of maior issues August 9, 2004 Public Workshop including City Advertised in local section of Commission and both advisory boards newspaper (CRA and P&D): identification of major issues November 22, Planning and Development Board public Meeting notice posted 2005 hearino on draft EAR November 29, Community Redevelopment Agency Board Meeting notice posted 2005 public hearinQ on draft EAR December 9, City Commission adoption public hearing Advertised in local section of 2005 on EAR newsoaper No scoping meeting with state, regional or local agencies were held, City of Boynton Beach December 5, 2006 1-2 Evaluation and Appraisal Report Introduction and Identification of Major Issues ISSUE I: Wastewater Treatment CaDacit}! Issue Framework The City of Boynton Beach owns, operates and maintains a wastewater collection and conveyance system to serve its customers. Wastewater treatment is a joint effort carried out under an interlocal agreement with the City of Delray Beach with each city sharing equally in treatment capacity and costs of operation. Forecast population increases within the City's service area will result in increased capacity demands, beyond the City's allocation of the treatment capacity, A portion of this increased capacity demand is caused by groundwater infiltration and inflow into the collection and conveyance system as evidenced by the fact that the City's peak monthly flow to the plant was during September 2004 when there were 2 hurricane occurrences in our area and the rainfall for the month was 25 inches, Short- and Long-Term Implications of This Issue The Regional Wastewater Treatment Facility has V4 its total capacity available to meet the demands of both the City of Boynton Beach and the City of Delray Beach for the 10- year planning horizon, but this may not be sufficient for buildout. Sufficient land is available within the existing site to expand the treatment facility, which may be necessary to meet the capacity demands at buildout. Alternatives to Address the Issue Increased demands for wastewater system capacity may be addressed by the City of Boynton Beach through a combination of reducing groundwater infiltration and inflow into the gravity sewer component of the system and securing an increase in treatment capacity from the South Central Regional Wastewater Treatment and Disposal Facility, The Boynton Beach Utilities Department is prepared to proceed with a sanitary sewer rehabilitation program in the near future that will address that component of ground water infiltration and inflow determined to be cost-effective to eliminate, Upon determining the ultimate additional capacity made available as a result of implementing the sanitary sewer rehabilitation program, an estimate of additional treatment capacity needed from the South Central Facility may be determined and secured, This additional treatment capacity will be determined as a result of population projections provided by the City's Planning and Zoning Department. City of Boynton Beach December 5, 2006 1-3 Evaluation and Appraisal Report Introduction and Identification of Major Issues ISSUE II: Workforce Housina Issue Framework Until fairly recently, the City of Boynton Beach housing market offered all types of units at prices significantly lower than those of many Palm Beach County municipalities. Market rents in apartment developments were affordable to middle class and the rental stock continued to grow. In fact, EAR scoping meetings that took place in 2004 failed to recognize workforce housing shortage as a "major issue" for the city, The 2004 existing home sales data for the city shows a $200,000 median price for a single family home; the median prices were $163,000 and $113,000 for townhomes and condominiums, respectively. These numbers still indicated median price increases of over 100%, while the wages in the area remained largely flat. Moreover, condo conversions depleted the city's rental stock, The prices of existing homes rose sharply, again, in 2005, The new units are priced significantly higher than the existing homes, and some 7,000 units are approved or under construction as of April of 2006, Although the market turndown is already affecting pricing, there are no expectations of significant and lasting price decreases, In December 2005 the city's Community Redevelopment Agency Board voted to hire a consultant for a housing needs assessment study, which ultimately included the entire city. The draft report submitted in April of 2006 shows varying affordability gaps for selected markets and concludes that the demand for workforce housing will necessitate provision of about 7,293 affordable units by the year 2025, averaging about 107 units per year. Short- and Long-Term Implications of This Issue Short term implications are unclear, However, if the issue is not addressed in the long term framework, negative impacts will start to accumulate, First, the traffic will be affected, as people who get jobs in the City but cannot afford housing close to their workplace are forced to commute long distances, Additional and longer trips will exacerbate the traffic situation, steadily worsening as redevelopment proceeds and densities in many locations increase, Second, affordable housing shortage will affect the city's future business mix, since some businesses will choose to open facilities in alternative locations where their workforce can find more attainable housing, Finally, failure to address the issue now will mean lost opportunities, as vacant land is no longer available and the number of potential redevelopment sites declines. City of Boynton Beach December 5, 2006 1-4 Evaluation and Appraisal Report Introduction and Identification of Major Issues Alternative Strategies to Address the Issue The City has pursued its affordable housing goals through the state's SHIP program (purchase and rehabilitation of units) and the allocation of the CDSG grants (for rehabilitation only). There are no programs which would facilitate provision of rental housing, or provide funding for rehabilitation of rental units. The demand for available funds far exceeds supply, and the dramatic price increases have significantly increased the average purchase assistance, During the 2004/2005 fiscal year, 10 families received purchase assistance averaging $20,686, while the assistance for 10 families in 2005/2006 fiscal year averaged $43,170. For consistency with the county's program, the city set the maximum affordable housing threshold at $280,462 for purchases of both new and existing units, In addition to the above program, the City must meet affordable housing conditions as part of its TCEA and CRALLS programs. . The TCEA requires that 5% of new or rehabilitated housing within the TCEA area (encompassing the majority of the CRA area) is available for occupancy by very low, low and moderate income households. In addition, CRA has an "affordable access" component in its Direct Incentive Program, which is currently under review. Affordable housing program may necessitate creation of the Real Estate Trust. . CRALLS program requires that developers of proposed redevelopment sites along or in the proximity to the Congress Avenue corridor to set aside 10% of their residential units for very low, low and moderate income households, or pay a fee in-lieu. The City is currently reviewing the Housing Needs Assessment study. The programs that may be chosen to address the issue include mandatory inclusionary zoning or density bonus for developers who voluntarily set aside some units within the affordable pricing range. In preparation for these program, the City is processing Comprehensive Plan Text Amendment (currently under DCA review) to allow Special High Density land use classification, currently allowed only within the coastal area, to be applied city-wide, The City has also created a new revenue source through (pending) implementation of the share equity program, whereby the beneficiaries of the SHIP program will be required to pay a percentage of the property appreciation amount at the time of resale, if the resale occurs prior to the 30 year mortgage repayment period. City of Boynton Beach December 5, 2006 1-5 Evaluation and Appraisal Report Introduction and Identification of Major Issues Other Issues Concernina the Plan The following are the most pertinent issues concerning the current Comprehensive Plan: . The objectives and policies of the Comprehensive Plan do not have clearly stated short-term or long-term planning horizon, in cases when it is appropriate, . Capital Improvement Element has been amended twice since 1989; however, the requirement of the Policy 9E.1.2 obligating the city to monitor and evaluate the CIE on an annual basis has not been fully met. Moreover, the City has not complied with the requirement to submit the adopted annual update of the Five Year Capital Improvement Schedule to the Department of Community Affairs. . The comprehensive plan currently does not determine intensity standards for the Public & Private Governmental/Institutional (PPG), Recreational (R) and Conservation (CON) land uses. These shortcomings need to be addressed in the EAR-based plan amendments. Thereafter, the City will carry out annual updates of the CIS and annual evaluations of CIE. City of Boynton Beach December 5, 2006 1-6 Evaluation and Appraisal Report Introduction and Identification of Major Issues Chapter 163.3191 (2)(f) F. S, requires that the Evaluation and Appraisal Report (EAR) contain an evaluation and assessment of relevant changes to the state comprehensive plan (187,201, F.S,), Chapter 163, F.S, Rule 93-5 and the Treasure Coast Regional Planning Council's Strategic Regional Policy Plan, since adoption of the last EAR update amendments, This analysis was conducted utilizing all of the changes that have occurred to these documents since 1996, when the City of Boynton Beach adopted its most recent EAR. When an inconsistency was identified, such as a requirement not currently addressed in the City of Boynton Beach Comprehensive Plan, the appropriate element is identified for update, The sections containing the assessment of changes to Chapter 163, F.S. and Rule 93-5, F.A.C. are presented in Tables 2 and 3, The State Comprehensive Plan was amended in 1999 by Chapter 99-378 to include policies related to urban policy in the State Comprehensive Plan. Goal 17 identified as Downtown Revitalization was amended and entitled Urban and Downtown Revitalization. The goal was modified to state that "In recognition of the importance of Florida's vital urban centers and of the need to develop and redevelop downtowns to the state's ability to use..." The following policies were added: ~ Promote and encourage communities to engage in a redesign step to include public participation of members of the community in envisioning redevelopment goals and design of the community core before redevelopment. ~ Ensure that local governments have adequate flexibility to determine and address their urban priorities within the state urban policy. ~ Enhance the linkages between land use, water use, and transportation planning in state, regional, and local plans for current and future designated urban areas. ~ Develop concurrency requirements that do not compromise public health and safety for urban areas that promote redevelopment efforts. ~ Promote processes for the state, general purpose local governments, school boards and local community colleges to coordinate and cooperate regarding education facilities in urban areas, including planning functions, the development of joint facilities and the reuse of existing buildings. ~ Encourage the development of mass transit systems for urban centers, including multimodal transportation feeder systems, as a priority of local, metropolitan, regional and state transportation planning. ~ Locate appropriate public facilities within urban centers to demonstrate public commitment to the centers and to encourage the private Sector development. City of Boynton Beach December 5, 2006 2-1 Evaluation and Appraisal Report Consistency with State and Regional Plans ~ Integrate state programs that have been developed to promote economic development and neighborhood revitalization through incentives to promote the development of designated urban infill areas. ~ Promote infill development and redevelopment as an important mechanism to revitalize and sustain urban centers. Although the Comprehensive Plan was not revised to address these provisions, they are already addressed through existing adopted provisions, which emphasize urban infill and redevelopment and the promotion of transit to the extent possible, The Boynton Beach Comprehensive Plan is consistent with State Comprehensive Plan in Chapter 187.F.S, The EAR based amendments may include some refinements to the goals, objectives, and policies of the City's Comprehensive Plan that further its consistency with these added state Comprehensive Plan policies. Chapter 186, F.S. governs the adoption and revision of the Strategic Regional Policy Plans (SRPP) by Regional Planning Councils, Based on the 1996 Evaluation and Appraisal Report, the City of Boynton Beach's Comprehensive Plan remains consistent with the Treasure Coast Strategic Regional Policy Plan (TCSRPP), which was adopted on December 15, 1995 and was reviewed during the TCRPC EAR process in 2000. After final adoption of the TCSRPP update in 2007, the City of Boynton Beach will evaluate the consistency of the Comprehensive Plan and address inconsistencies in the City's EAR- based amendments. Tables 2 and 3 provide analyses of all the changes made to Chapter 163, F.S, and Rule 9J-5, F,A,C, since the time of adoption of the City of Boynton Beach's previous EAR (1996), The changes are summarized by year and include the corresponding citations. 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'" \0 \0 \0 ~ ,...., ,..... ,...., .l>> .l>> W (1 ....... ....... ....... ,...., n ....... n i: ... o' ::I ~ ~ CI. ii III ~ g " S' ::J ~ -n * ~o :I 3 ~m 'tl .Q~ i ~c: ::r -'~ m 9a ::I UlO ~ 6l'~ ~. fil'~ ~ ~> ~z ::JZ ~z z>~ ~~ m 0 m 0 ro 0 ~~ ~~ m ~ m ~ Ii:=:, ~QJ m 3 g.3 g.3 ~ -. ~m ~m ~m aai -,K) " " ~ 0_ ~ ~ ~ ~l ~~ 3 3 3 ~m m m ro -o~ ~ ::J ~ ...'U -0 ~ ~ ~ iii ~;+ ~ ::I Permanent Population Growth Boynton Beach is the third largest city in Palm Beach County, with the estimated 2004 population of 65,208. After a very high growth period between 1960 and 1980, when the average annual growth was 6.3% and the city's population more than tripled, Boynton's population continued to increase at a still high 2,7% annually until the year 2000. During the last four years (2000-2005), the growth rate tapered off to about 1.7% per year. . Boynton Beach o Palm Bea,ch Ge 56,000 . Population Source: us Census and University of Florida Bureau of Economic and Business Analysis (BEBR). City of Boynton Beach December 5, 2006 3-1 Evaluation and Appraisal Report Land Use and Population Analysis Both the authors of the 1996 EAR report and BEBR greatly underestimated the projected population growth rate for the 1990-2000 decade; the actual growth rate during the 1995-2000 period was probably at least twice the 1.9% assumed in the report. The 2000 Census showed the city's population to be 60,389, as opposed to the EAR projection of 53,994 and BEBR projection of 56,619. The EAR projection for 2005 was 59,393 persons; since the BEBR estimate for 2004 was 65,208 persons, the 2005 estimate will likely exceed that projection by at least 11%. The fast growth in the mid-and late 1990's was fueled by the long lasting economic boom. Recovered from the prolonged impact of the early 1990's recession, the development activities in the city surged, as demonstrated by the following residential permit activity table: ~h1?;":,:-:" c ,,~1~91.2004 ,,"';'.., . Permits Issued 634 Source: City of Boynton Beach Building Depamnent An average of 770 units per year were permitted since 1995. Although the recession of 2001-2002 had some temporary negative impact on residential permit activity, there are other factors that have helped to sustain high levels of residential development in recent years, including low mortgage rates and a steady influx of population into South Florida. The residential development boom in the city mirrored the market conditions across the region; moreover, Boynton Beach lagged behind neighboring municipalities in redevelopment and real estate inflation, and offered attractive opportunities to developers. These opportunities still exists, even though a sharp market downturn has City of Boynton Beach December 5, 2006 3-2 Evaluation and Appraisal Report Land Use and Population Analysis already affected the city. There have been considerable delays of construction starts for already approved projects. Population Projections Boynton Beach's supply of vacant land designated for residential development has dwindled. While small scattered vacant residential lots exist throughout the city, practically no larger parcels (2 acres or more) remain. As a result, the City has witnessed two trends: 1) the conversion of vacant land designated for other uses to residential use; 2) the redevelopment of previously developed property that may also include a conversion in use or an increase in residential density and, to a lesser extent, 3) the annexation of property, either developed or undeveloped, for residential development. TABLE 6. BOYNTON BEACH POPULATION PROJECTIONS VS. REVISED ESTIMATES 90,000 85.000 80,000 75,000 70,000 65,000 60,000 , 55,000 , ... 50,000 2000 2005 2010 2015 2020 2025 l>-- Palm Beach County's 60,389 64,296 66,952 70,509 72,918 73,590 Projections 2001 ~ County's Revised Estimates 60,389 65,999 70,649 75,025 80,113 85,138 2004 County's Revisions 2005 60,389 66,138 73,835 81,517 . . ~- - . 1989 Boynton Beach 63,373 70,602 78,232 Comprehensive Plan +- - 1996 EAR re or! 53,994 59,393 65,332 71,865 City of Boynton Beach December 5, 2006 3-3 Evaluation and Appraisal Report Land Use and Population Analysis As the chart above demonstrates, these trends add a challenge to population projections. The 2001 forecast produced by Palm Beach County in collaboration with BEBR was revised upwards in 2004, and again in 2005; further upwards revisions are likely. The 2005 revisions have been extended only to the year 2016, when the population is projected to reach 83,115. Recent projections for the City produced by the Florida International University Metropolitan Center show a 2015 medium scenario estimate at 84.084. The chart also shows that the initial 1989 Comprehensive Plan population projections were more in tune with actual trends than the subsequent sharply decreased projections of the EAR Report. The revised 2025 estimate exceeds the 2001 forecast by about 16%. Future revisions will be fuelled largely by population growth downtown; the City in collaboration with the Community Redevelopment Agency has embarked on the implementation of the redevelopment plan for the downtown and surrounding areas located east of Interstate 95. The recent market downturn will probably level the population growth over the next few years, but it is unlikely to affect long term projections. Seasonal Population The decade of 1990-2000 brought only a slight increase in the number of housing units used for seasonal and recreational purpose, from 2,762 units in 1990 to 2,944 in 2000; their share of total housing stock dropped from 10.8% to 9.6%. Assuming the average seasonal household size of 1.8 persons (the average for the city is 2.26), seasonal population for the city in 2000 was 5,299 persons. The 1996 EAR report projected that number to be 9,213, basing its forecast on the original assumptions of the 1989 Comprehensive Plan and presumably anticipating the relative increase in the second homes in the total number of units. Two other factors contributed to the disparity of these numbers: the 1996 EAR seasonal population projections included visitors in hotels/motels (not incorporated into this report's estimate), and the calculations were based on the overestimated household size for seasonal households, which generally tend to be smaller, It is possible that the increasing stock of new, upscale housing units, priced on the average twice as high as the existing units, will contain a larger percentage of second homes. However, the affluent buyers may also be making investment in rental properties. The City of Boynton Beach currently encompasses 16.4 square miles, about 1.2 square mile more than shown in 1989 Comprehensive Plan land use table, based on 1987 data. City of Boynton Beach December 5, 2006 3-4 Evaluation and Appraisal Report Land Use and Population Analysis Changes. in Land Area: Annexations The 1996 EAR report correctly anticipated a reduction in annexations for the remainder of the decade. Since 1995, only 84 acres of land were annexed into the City, about 9 acres per year. The pace of annexation slowed down considerably - between 1990 and 1995 over 356 acres were annexed, averaging about 59 acres per year. The annexations were consistent with the Comprehensive Plan's Intergovernmental Coordination Element Policies 8.10.4 and 8.10.5, eliminating enclaves and eliminating or reducing pockets or other undesirable land configurations. Currently, there are 19 enclaves/pockets left, for a total of about 360 acres. Existing Land Uses, 2005 When the 1989 Comprehensive Plan was adopted, the Support Documents for the Future Land Use Element (Table 1) provided a table of land use distribution; however, the Mixed Use (MX) land use category was not recognized, even though the adopted Future Land Use Map showed an area of land designated Mixed Use. The EAR, completed in 1996, also did not aCknowledge the Mixed Use land use category. It has been determined that the Mixed Use land area was converted from lands that were designated Low Density Residential (LDR), High Density Residential (HDR) and Local Retail Commercial (LRC) prior to 1989. The table has now been updated to show the Future Land Use Distribution based on this information (see also the Future Land Uses on Map A in APPENDIX). Table 7. Existing Land Uses* on Developed Parcels Existing Land Use Acreage Residential 4,160 Single Family 2,593 Multi-Family 1,460 Mobil Homes 107 Commercial 772 Industrial 388 Institutional 452 Recreation 920 Utilltyrrransportatlon 62 TOTAL 6,754 * Excludes all vacant parcels, conservation areas, water bodies and right-of-ways The total acreage for the City is currently 10,518, 40% of which is occupied by built-out residential uses. City of Boynton Beach December 5, 2006 3-5 Evaluation and Appraisal Report Land Use and Population AnalySiS The Extent of Vacant and Developable Land Map B in the appendix shows remaining vacant parcels in Boynton Beach. The high growth rates that the City experienced over the last two decades caused a rapid decline of the vacant land use inventory. The 1987 Comprehensive Plan land use table shows 2,472 acres of vacant land; the EAR report (1995) - 1,659 acres; the current inventory is 275 acres. The latter figure includes only vacant developable land; excluded are parcels under conservation land use or conservation overlay, and those not developable because of shape, access or other problems. Table 8. Vacant* Developable Land by Land Use Category, 2005 Number of parcels Area In acres Land Use under 2 acres 2 acres & over TOTAL under 2 acres 2 acres & over TOTAL Residential 346 5 351 72 82 154 Commercial 87 6 93 30 34 64 Industrial 10 3 13 11 32 42 Mixed Use 0 1 1 0 15 15 TOTAL 443 15 458 113 163 275 *Exdudes vacant parcels With development orders and those In approval process, The above numbers suggest that Boynton Beach is fast approaching build-out. Development Patterns since 2000 Development and redevelopment activities since the year 2000 were driven by the most extensive real estate boom in decades. Generally, availability of urban services was not a factor for development patterns, since the services are provided throughout the city. However, an especially strong market demand for residential uses throughout the period . under consideration caused a significant number of unanticipated conversions from the industrial and commercial to residential land use designations, or allowed residential uses in the Planned Industrial Development (see Map C in APPENDIX). Map B illustrates these unanticipated development patterns: · The City's largest Planned Industrial Development, Quantum Park, has at present about 1,000 residential units (most of them completed) as well as a considerable square footage of retail commercial uses as part of two mixed use developments. Residential and mixed use sections in Quantum Park still carry industrial land use designation. City of Boynton Beach December 5, 2006 3-6 Evaluation and Appraisal Report Land Use and Population Analysis · An 87 acre industrial parcel previously owned by Motorola has been reclassified to DR! (a new land use category adopted in 2004). The mixed use development approved for the property includes 1,691 residential units. . Two large industrial parcels in the south-west quadrant of the city were reclassified from industrial to high density residential and approved for 472 residential units. Another unanticipated change in response to market trends was the establishment of the suburban mixed use land category. The above mentioned 87-acre parcel was reclassified to suburban mixed use, as was an 82-acre section of the parcel immediately south of the above. The mixed use project approved for the latter property includes 1,120 residential units. The remaining development patterns generally conformed to FLU designations and vacant parcel distribution. In particular, significant amount of development and redevelopment - as anticipated - occurred along the US 1 corridor (see Map 0 in APPENDIX). The 2000 EAR-based amendments directed the city to implement the Boynton Beach 20/20 Redevelopment Masterplan; the city subsequently established Target Areas for future studies, of which The Federal Highway Corridor Community Redevelopment Plan was the first. The study included proposed locations for both mixed use land use designations (Mixed Use and Mixed Use Core). Developments shown on Map B followed these recommendations. City of Boynton Beach December 5, 2006 3-7 Evaluatlon and Appraisal Report Land use and Population Analysis " Element Overview The Future Land Use Element forms the nucleus of the City's Comprehensive Plan and provides the framework for the management of the future growth and development of the City. Nevertheless, the Comprehensive Plan can only function at its optimum level when all of the individual elements are considered in concert, Future Land Use Element Assessment Listed below are objectives of the Land Use Element which either (I) have been (or continue to be) most successfully implemented and have had significant impact on development; or (Ii) have not been implemented, or contain policies that have not been applied, for reason(s) that are subsequently explained. Obiectives successfully imolemented with the greatest imoacts: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. 1 and Martin Luther King Boulevard. Objective 1.15 The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. Objective 1.22 In keeping with the "New Urbanism" principles established as guidelines for development, the City shall incorporate the fOllowing policies in its redevelopment and neighborhood planning activities in keeping with the Visions 20/20 recommendations. In 1996, when the previous EAR was developed, the City of Boynton Beach still had 1,659 acres of land vacant for development. As discussed earlier, the City is rapidly reaching the point that all vacant lands will have been developed to some extent, thereby shifting emphasis to redevelopment of previously developed and underutilized lands in the City. City of Boynton Beach December 5, 2006 4-1 Evaluation and Appraisal Report Assessment of Plan Elements The redevelopment efforts are focused on neighborhoods located east of Interstate 1- 95, particularly in the "downtown" area. Historically, the city did not develop a "downtown" in its core, defined as an area of highest commercial and pedestrian activity usually centered around the main street. Therefore, a new downtown will be created, different in character from the suburban mall and big box retail area located along Congress Avenue. The first plan which explicitly addressed the community desire to create one was the Boynton Beach Vision 20/20 Redevelopment Plan. The City adopted the Boynton Beach 20/20 Redevelopment Master Plan (20/20 Plan) in 1998, following the completion of the previous EAR and prior to adoption of the subsequent Comprehensive Plan amendment in 2000. The 20/20 Plan was intended as an update of Community Redevelopment Plans for portions of the Coastal area of the City that were adopted in 1982 and 1987 and had basically been dormant since their adoption. The EAR-based amendments did acknowledge the 20/20 plan in Objective 1.9 and its related policies. The 20/20 Plan also proposed future study areas and those were addressed as "primary target areas" in Policy 1.16.1. The subsequent development of studies, as required under the cited policy has formed the basis for redevelopment activities in this area. These studies include: "The Federal Highway Corridor Community Redevelopment Plan", "The Heart of Boynton Neighborhood Redevelopment Plan", and the "Boynton Beach Boulevard Corridor Plan". These plans are currently being combined into a unified redevelopment plan and a companion study providing Urban Design Guidelines will be prepared under the auspices of the City's Community Redevelopment Agency (CRA). As shown by Map "B", a large number of new developments have been approved along US 1, a majority of these following recommendations of the first of the studies. The implementation of the two latter plans should commence shortly. The City has also taken other steps to encourage the development of a true urban core in the traditional "downtown", lying along Federal Highway between NE 6th Avenue and SE 2nd Avenue. This area was established in the Future Land Use Element as an "Urban Central Business District", pursuant to Section 380.06(2)(c), Florida Statutes, This act increases the Development of Regional Impact (DRI) guidelines and standards, thereby allowing higher densities and intensities of uses without entering the DR! review process. Implementing recommendations from the three above listed objectives, the city developed two mixed-use zoning districts. Currently, the areas eligible for the mixed - use districts are being expanded and the district regulations amended to accommodate market trends as well as to strengthen the urban environment downtown and continue to protect residential neighborhoods abutting mixed use districts. Objective 1.15 acknowledged two types of mixed-use developments, those combining Commercial and Residential uses and those combining Industrial and Commercial uses; however, the related policies did not actively encourage their use. The EAR-based City of Boynton Beach December 5, 2006 4-2 Evaluation and Appraisal Report Assessment of Plan Elements amendment to this objective should accommodate new market trends underpinned by the upcoming arrival of the Scripps Institute. The arrival of the Scripps spin-offs will require a review of the use mix in industrial and commercial land uses. New land use categories have been added to the Future Land Use Map and are defined in Policy 1.16.1. These include: "Conservation (CON)", "Mixed Use Core (MXC)", "Suburban Mixed Use (MXS)", and "Development of Regional Impact (DRI)". Obiectives with implementation issues: Objective 1.10 The City, by the Year 2002, shall complete a study of all nonconforming uses to determine magnitude, type, and value for the City Commission to review and to take action to eliminate nonconforming commercial and industrial uses which are located in residential zoning districts, and all uses which create a significant nuisance or risk of fire, explosion, toxic, or other hazard to existing or future dwellings located in residential land use categories on the Future Land Use Map. The study has never been completed. Increased emphasis on private property rights in recent years makes elimination of such legal nonconforming uses very difficult. However, increased attention is being paid to protection of residential neighborhoods in redevelopment plans and in the city code. As a part of this effort, a M-1 Industrial District zoning study has been completed in February of 2006 and includes recommendations that address, among other issues, compatibility with adjacent residential neighborhoods and non-conforming site characteristics. The City subsequently issued a RFP for consultants interested in preparing the code amendments as recommended in the study and proposals are being reviewed. The similar issue arose with Objective 1.21 regarding non-conforming signs and billboards. The amortization program for signs was never implemented due to the issues related to impact on businesses and legal defensibility. However, the City, following the recent hurricanes, identified the non-conforming signs damaged beyond the limit set by the City's regulations and notified the owners accordingly. Objective 1.11 Land development and future land uses shall include provisions for the protection of native habitat, preservation of existing trees (other than undesirable exotic vegetation), minimizing surface and groundwater pollution, minimizing air pollution, preserving of wetlands, and preserving archaeological resources and historic buildings through implementation of the policies below. The historic building inventory has been created, but the city does not have historic preservation ordinance. There is potentially a lack of interest from the community to support the ordinance and its subsequent implementation. Traditionally, historical City of Boynton Beach December 5, 2006 4-3 Evaluation and Appraisal Report Assessment of Plan Elements societies or other civic organizations interested in preservation take the lead in such actions. Objective 1.12 Coastal area population densities shall not be increased above the number that can be accommodated by streets and roads in the event that hurricane evacuation is necessary and shall be limited to those areas that are planned to accommodate such development through the provision of adequate public facilities and services. Such development must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code. The is no regionally endorsed methodology to assess the impact of population increase on hurricane evacuation time and overall efficiency. Both policies under Objective 1.12 have been amended to require residential developments in the Hurricane Evacuation Zone to provide hurricane evacuation information or formulate hurricane preparedness plan (depending on a number of units). These policies will be reviewed and likely amended to require that hurricane evacuation information be distributed to residents of all developments of 50 or more units. Objective 1.19 The City shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax base, employment opportunities, recreation and open space opportunities, and publiC uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are complied with. The provision for affordable housing for very low, low- and moderate income households has been limited by the unprecedented rise of housing prices in recent years. It is one of the two major issues facing the city. The situation has been confounded by numerous apartment-to-condo conversions and redevelopment of mobil home parks, whereby affordable mobil homes were replaced by high-end townhomes and condos. The "appropriate" amount of the commercial and industrial land has been determined by the demand projected in 1989. Since the projections are clearly outdated, and the city is nearing buildout, this objective needs to undergo major revision. The 2003 amendments to one of its policies allowed land designated "Industrial" on the Future Land Use Map to convert to commercial or residential designations under certain conditions. Since adoption of these amendments, 137 acres of industrially-designated land have been converted to residential uses and 85 acres to other uses, including mixed use. City of Boynton Beach December 5, 2006 4-4 Evaluation and Appraisal Report Assessment of Plan Elements These numbers include the city's largest PIO, The Quantum Park DR! (see Map A). The Park has always been shown on the Future Land Use Map with an "Industrial" designation. Until 2000, this was not problematic, since most of the permitted uses were allowed under the "Industrial" designation; however, in 2000, the City allowecf the conversion of a portion of the Park to residential uses following the building of the Boynton Beach High School on a portion of the Park's lands. Additionally, retail commercial uses have also been allowed. In an effort to give a truer picture of land use distribution, a separate map is being developed for Quantum Park. Ultimately, the Future Land Use Map should be amended to reflect a more accurate picture of the uses allowed in the Park. Impacts of Issues on the Future Land Use Element An assessment of the Element's objectives has been completed to determine whether their achievement or failure relates or may relate in the future to the identified major issues. ISSUE I: Wastewater Treatment CaDacitv Objective 1.5 Land development and future land uses shall be coordinated with the provision of sanitary sewer facilities in order to ensure that the levels of service established in the Sanitary Sewer Sub-Element are met. It is clear that any shortfalls in the wastewater treatment capacity would impact future development and thus would also affect a number of other objectives. While it is anticipated that the wastewater treatment facility capacity is not an issue for the 10- year planning horizon, particularly in light of the measures the City has proposed to address the issue, the City's ongoing monitoring program will indicate whether increases to the facility's overall capacity are necessary. ISSUE II: Workforce Housin9 The issue is linked to the unsuccessful implementation of Policy 1.19.1 of Objective 1.19. Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of adequate sites for hOUSing very-low, low-, and moderate income households and for mobile homes. City of Boynton Beach December 5, 2006 4-5 Evaluation and Appraisal Report Assessment of Plan Elements The city is currently processing an amendment to the land Use Element's Objective 1.16 which contains definitions; the amendment would allow the "Special High Density Residential" land use classification, currently constrained to specific areas east of Interstate 1-95, to be applied throughout the city for developments that provide affordable housing. Further amendments facilitating the affordable housing density bonus may be considered. At present, TCEA and CRAlLS programs have affordable housing components. TCEA requires that 5% of new or rehabilitated housing within TCEA-designated area is affordable; CRAlLS requires that affordable housing be built or fee-in-Iieu paid in by future developers of properties which are allowed to use additional capacity as determined by CRAlLS. Conclusions and Recommendations The Land Use Element has been successful in guiding development and redevelopment within the city. The following changes should be made to the element as part of the EAR-based Plan amendments: . Introduction of intensity standards for the Public & Private Governmental/Institutional (PPG), Recreational (R) and Conservation (CON) land uses as required by state statutes. . Reclassification of Quantum Planned Industrial Park from Industrial to DRI land use, in a manner consistent with Renaissance Commons (fka Motorola). The reclassification should also be applied to the Boynton Mall, in anticipation of its future redevelopment. This will require a policy addition to Objective 1.24, which requires all Developments of Regional Impact to be governed by specific policies. . Elimination of Objective 1.15. Its goals have been reached, and its policies superseded by others. . Changes to Definitions contained in Objective 1.16: o Elimination of the "Agriculture" land use. There are no longer properties with this land use designation, and no opportunities within the city for agricultural uses in the future. o Addition of "DRI" to definitions. The description of the Renaissance Commons DRI is currently contained in Objective 1.24. o Review of uses permitted in Industrial and General Commercial classifications. City of Boynton Beach December 5, 2006 4-6 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: Originally adopted as the "Traffic Circulation Element", the element included objectives and policies addressing mass transit and bikeways in addition to objectives and policies concerned with the roadway network. The element was updated and renamed the "Transportation Element" with the adoption of the EAR-based amendments in 2000. In 2005, the element was rewritten and expanded to support the adoption of a Transportation Concurrency Exception Area (TCEA) for a portion of the Community Redevelopment Area (CRA) and to make provisions for the future designation of any constrained roadways at lower levels of service (CRALLS). These most recent amendments added a number of objectives and policies to recognize the increased significance of multi modal transportation options, such as walking, bicycling, and transit in relationship to the single-occupant motor vehicle. Transportation Element Assessment: This section evaluates the objectives of the element. Since a number of objectives were either added or rewritten as a part of the TCEA amendment and thus have been in effect for only about a year and a half, in many instances there has not been sufficient time to implement them or evaluate the outcomes of their policies. This applies, in particular, to the TCEA-related objectives because, although a large number of projects have been approved within the TCEA area, none have been completed, Objective 2.1 The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): . Level of Service "D" or better and peak hour conditions on all unspecified City and collector highway facilities. . Level of Service "D" for peak season peak hour conditions on all unspecified arterial facilities. . Level of Service "D" for 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. City of Boynton Beach December 5, 2006 4-] Evaluation and Appraisal Report Assessment of Plan Elements The City of Boynton Beach operates under the Palm Beach County Traffic Performance Standards Ordinance, The County's responsibility for countywide transportation concurrency is mandated through its Charter. All development orders require traffic study or a traffic statement to be reviewed for concurrency by County's staff. Therefore, there is a continuous monitoring of the LOS levels for the roadways impacted by development and redevelopment activities. The City's cooperation with the County has been very successful. Two "Special Transportation Areas" were established during the period under consideration: Transportation Concurrency Exception Area (TCEA) and Constrained Roadways at a Lower Level of Service (CRALLS), both in 2005. The TCEA encompasses the major focus of the City's Community Redevelopment Area and includes the traditional Central Business District as well as commercial and residential portions of the City's historic African-American neighborhood, The TCEA allowed a number of mixed- use redevelopment projects to be approved in the downtown area; none are yet completed. CRALLS accommodated the mixed use development of a 100 acre parcel along the Congress Avenue corridor. Objective 2.2 The City shall continue to implement the future Transportation Plan on a priority basis and shall coordinate same with the City's Future Land Use Plan, Housing Element, and Coastal Management Element. The City's has no major roadway improvement plan. Rather, all roadway work is for surface maintenance only. The transportation-related capital improvements in the Capital Improvement Plan are traffic signals and sidewalk construction; funds are allocated to resurfacing on an "as needed" basis. The City continues to coordinate with the County and the Florida Department of Transportation for improvements that are coincidental to specific projects, trying to secure county's funds and negotiating developer-funded improvements. The recent examples are developer-funded widening of Gateway Boulevard and a bridge on Old Boynton Road, for which county's money is sought. Furthermore, staff coordinated traffic safety improvements on Boynton Beach Boulevard west of Federal Highway, as part of a FOOT project. The City is also coordinating transportation-related improvement projects with its CRA. The CRA-funded extension to Boynton Beach Boulevard has recently been completed. Objective 2.3 Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address them for any capacity or traffic calming/safety-related road improvements on an as needed basis. City of Boynton Beach December 5, 2006 4-8 Evaluation and Appraisal Report Assessment of Plan Elements This objective has not been implemented: its only policy recommends those studies on an "as needed" basis. All studies performed by the City are speed, rather than volume related. The City does receive occasional public complaints about excessive traffic volume on streets maintained by the City, but no need for traffic calming/safety related road improvements has been established based on the City's traffic engineering analysis, Such studies and improvements may be needed in the future, when many approved projects are completed. Objective 2.4 The City shall develop and maintain a safe, convenient, multi-modal transportation system, including walking, bicycling, and publiC transit, which. will meet future as well as current transportation needs, particularly within the TCEA and the CRA. Most of the policies included under this element have been successfully implemented. The City continues to support the construction of sidewalks, particularly around elementary schools (as indicated by new applicable development regulations, adopted in this review period); the sidewalk inventory has been completed and placed in the Geographic Information System (GIS). The City Code and the CRA-generated Urban Design Guidelines emphasize pedestrian-oriented project design and transit enhancement. The publiC transit system includes Shopper Hopper bus (operated by the City) and a trolley, introduced in 2005 by the CRA. The two lines currently operating are the Cross Town route which runs from Ocean Avenue to Congress Avenue and the Ocean route which runs from Ocean Avenue to the City Oceanfront Park. The CRA is currently planning to add a route for Federal Highway in fiscal year 06/07. Current ridership is approximately 5,968 passengers per month, Moreover, the City is cooperating with the South Florida Regional Planning Council on the potential Transit Oriented Development (TOO) to be located at the vicinity of the Gateway Boulevard Tri-Rail Station. On the other hand, the bikeway classification system consistent with the Palm Beach County Bikeway Plan has not been implemented (Policy 2.4.6). Objectives 2.5 and 2.6 have been implemented. The requirements included in Objective 2.5 regarding protection of publiC right-of-way, driveway locations, traffic circulation and parking have been codified and constitute a part of a standard development review process. As specified in Objective 2.6, the City encourages private sector contributions towards transportation improvements. Objective 2.7 In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply side capital improvements. City of Boynton Beach December 5,2006 4-9 Evaluation and Appraisal Report Assessment of Plan Elements Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Generally, objectives 2.7 and 2.8 have not been implemented. No TMI (Transportation Management Initiative) has been created to mitigate peak hour impacts though policy measures such as flexible work hours, car pooling, ride sharing etc. and no public- private partnership have been pursued for this purpose. There are no code requirements addressing these issues. The City may introduce such mitigation measures as projects are completed and begin to significantly impact peak hour traffic. The City does, however, cooperate with the County and the FDOT on projects improving highway system performance (Policies 2.7.1, 2.7.2, and 2.8.1). FDOT is currently repaving Boynton Beach Boulevard between Federal Highway and 8th Street and, with the City's support, will close a number of median openings to enhance safety and improve capacity. It is also modifying traffic signal construction on Boynton Beach Boulevard and 8th Street to accommodate additional lanes on the north approach in the future. Similar design work is also underway on Federal Highway north of the C-16 Canal. Objective 2.9 The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. The objective is being implemented. The City is in its 1st year of a 4-year program of replacing old street markers with a new, attractive design, Gateway treatments at the entrances to the City have been installed, and the Neighborhood Assistance Program provides funding for such facilities at the entrances to neighborhoods (about 10 installed). The CRA is providing street designs for selected roadways; the designs will be implemented mostly by the private sector as redevelopment proceeds. Objective 2.10 The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process and utilize the resulting plans to update the City's Transportation Element as appropriate. The City has been working closely with the MPO staff to provide data for the long range transportation model. It also participates in the MPO's monthly Technical Advisory Committee meetings providing input into the MPO's Five-Year Transportation Improvement Program. City of Boynton Beach December 5, 2006 4-10 Evaluation and Appraisal Report Assessment of Plan Elements Objective 2.11 The City shall continue to assist Palm Tran in providing efficient public transit services based on existing and future trip generators and attractors and also provide local public transit road and terminal areas which are safe for transit users. Several policies were added to this objective concurrent with TCEA amendments. The city has not work previously with Palm Tran; however, City's staff is participating on the steering committee for the 2006-2016 Palm Tran Transit Development Plan. Further involvement should Increase as several large approved projects are completed. These projects will be significant trip generators as well as attractors, and may require realignments in bus routes and schedules in the future. At that point, the City and CRA may embark on the evaluation of the transit services as recommended by Policy 2.11.5. The City supports transit shelters and has been working with vendors; funds for installation come from the private sector which uses shelters for advertising. It also encourages private developers to provide bus shelter at new projects. Objective 2.12 Promote a pedestrian- and bicycle-friendly environment by providing adequate facilities, such as wider sidewalks, buffers from travel lanes, shade trees, shorter crossing distances, lighting, refuges in large intersections, bike lanes, and bicycle parking, for pedestrians and bicyclists. This is an objective added as part of the TCEA amendment. All of the above recommendations have been incorporated either in the City Code or in the Urban Design Guidelines, or both. As stated earlier, the CRA is providing street designs for selected roadways; the designs will be implemented mostly by the private sector as redevelopment proceeds. Presently, marked bike lanes exist on US 1 and on a small segment of E. Ocean Blvd, between US 1 and the Intracoastal Bridge. In 2004, Greenway and Bikeway Master Plan was developed and subsequently incorporated into the 10-year Parks and Recreation Strategic Plan for the City. There are no funds for the Master Plan implementation over the first five years of the Strategic Plan. Moreover, staff is currently reviewing its recommendations. Impacts of Issues on the Transportation Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in l;:ircumstances or problems and opportunities regarding the issues. There are no identified correlations between the issue of the wastewater treatment capacity and objectives in the element. However, if the shortage of affordable housing (identified as Major Issue II) persists, it certainly could, over the long period, impact several objectives of the Transportation Element. People who will City of Boynton Beach December 5, 2006 4-11 Evaluation and Appraisal Report Assessment of Plan Elements work in the City but will not be able to afford to live here will be forced to commute long distances, possibly contributing to the increase of the peak hour traffic on several already strained roadways and intersections and making it more difficult to maintain LOS of these facilities. Some of these trips would not be generated at all if dwellings close to the workplace were readily available. Future transit routes may have to be reconsidered to accommodate changing commuting patterns. Element Overview: The Utilities Element, as adopted, contains five sub-elements: Sanitary Sewer, Stormwater Management, Potable Water, Natural Groundwater Aquifer Recharge, and Solid Waste, as required by 9163.3177 F.s. Four of the sub-elements contain adopted level of service standards, with the Aquifer Recharge sub-element being the exception. Utilities Element Assessment by Sub-Elements: Sanitary Sewer Sub-Element The City of Boynton Beach is served by the South Central Regional Wastewater Treatment Facility, of which it is co-owner with the City of De/ray Beach. The total plant capacity is 24 million gallons per day (MGD) annual average daily flow, which is apportioned as needed to the two cities. Wastewater treatment capacity has been determined to be a Major Issue for the city. The issue may arise at build out if the population projections at a high-level scenario are realized and generate demands beyond the city's allocation of the treatment capacity. Objective 3A.l Adequate Treatment and Disposal Capacity. Under the auspices of the interlocal agreement, the City of Boynton Beach will seek to secure reserve capacity at the South Central Regional Wastewater Treatment and Disposal Facilities that is adequate to eliminate existing deficiencies and to serve the City's needs through build out. Build-out flows are estimated to be 16.8 million gallons per day, measured on a MMDF basis. Currently, the South Central Wastewater Treatment and Disposal Facility is functioning sufficiently. The City is maintaining adopted Levels of Service and there are no deficiencies. However, the City will use the recently reviewed population projection to adjust the estimates of build-out flows. The upward adjustment of the build-out flows will likely mean that the facility will need to be expanded before build out unless the City of Boynton Beach December 5, 2006 4-12 Evaluation and Appraisal Report Assessment of Plan Elements City of Delray Beach makes a downward adjustment of its the capacity demand at build-out. Policy 3A.1.2 requires continued coordination and renegotiation of the existing agreement with the South Central Regional Wastewater Treatment and Disposal Board to secure wastewater treatment and disposal capacity equal to the flows estimated in the City's wastewater master plan every 5 years, or as often as necessary, providing a mechanism to increase the City's share of treatment capacity, should it become necessary. The City's flow to the plant has only approached its maximum share of usage once, and that was because of unusually heavy rains resulting from two hurricane events in September 2004 and infiltration attending those storms. Objective 3A.3 Minimize Wastewater Influent and the Disposal of Effluent. The City of Boynton Beach Will Minimize Wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing effluent where possible. The City has yet to implement a system of reducing the amount of potable water used for irrigation and other unnecessary purposes through the use of treated wastewater effluent. Such efforts are currently in the planning stages. The Phase I area study now in progress could replace approximately 0.5 MGD of potable water usage with treated wastewater effluent, if constructed. The City has determined that infiltration resulting from the two storms events in 2004 caused the increased peak monthly flow to the treatment facility, and is currently prepared to proceed with a rehabilitation program that will address that component of groundwater infiltration and inflow determined to be cost effective. Objective 3A.4 Financing of System Improvements and Operations. The City of Boynton Beach will fund sanitary sewer system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that these costs are borne by customers of the system on the basis of the cost-of-service. Currently, the costs associated with sanitary sewer system maintenance and operations are borne by the customers of the system on the basis of the cost-of-service. However, the rate-schedule for sanitary sewer service (unaltered since 1998) is not adequate to meet current capital improvement demands. Capital expenditures are currently funded through the Department of Utilities cash reserves. Moreover, depleting reserves means that the Policy 3AA.3, calling for the reserve fund to be maintained at a level equal to 120% of the previous year's expenditures or the level required by bond covenants, is not being implemented. A rate review will be conducted during the latter part of 2006. City of Boynton Beach December 5, 2006 4-13 Evaluation and Appraisal Report Assessment of Plan Elements Objective 3A.6 The program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element shall be maintained. The CIP delineates funding for pipes, pump stations, and other infrastructure, but Is not adequately funded to achieve these goals. Currently, only 1 year of expenditures are funded. Stormwater Sub-Element Objective 3B.1 Adequate Facilities. The City of Boynton Beach will continue to require and enforce standards of the South Florida Water Management District and the Lake Worth Drainage District such that sufficient stormwater drainage facilities to address existing deficiencies, minimize damage to public and private property, protect surface and groundwater quality and quantity, and meet future needs are constructed and maintained in the City limits. The City continues to employ the water quality treatment methods required by the South Florida Water Management District on all new construction projects, and also on projects which re-develop existing areas. In addition, the City has improved several of its outfall structures with devices that will remove particulate matter or oils and greases prior to discharge into the receiving surface waters. The City has also constructed two entirely new regional drainage systems in the past 5 years, and is currently constructing a third such system, all of which are designed to improve the quality of the final discharge to surface waters. However, the City is not able to completely address deficiencies in stormwater drainage facilities, which are lacking in some areas. Policy 3B.1.4 The City shall continue to maintain a drainage master plan to identify and prioritize needs for expansion, replacement, and improvement to the stormwater drainage system in the City. A copy of the drainage master plan will be forwarded to the Lake Worth Drainage District, the South Florida Water Management District, and the Palm Beach County Department of Engineering and Public Works to coordinate inter-jurisdictional stormwater planning and management issues. Policy 3B.1.10 The City shall consider priorities for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be determined by the City through a drainage master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements of highest priority shall be implemented first, in order to provide for City of Boynton Beach December S, 2006 4-14 Evaluation and Appraisal Report Assessment of Plan Elements public health and safety, the adopted level of service, and operational efficiency. There are implementation issues for both policies. The drainage master plan to identify and prioritize needs for expansion, replacement, and improvement to the stormwater drainage system has not been updated in approximately five years. This master plan also has not recently been forwarded to the Lake Worth Drainage District, the South Florida Water Management District, nor the Palm Beach County Department of Engineering and Public Works, as mandated by policy 3B.1.4. The City will update its 1999 drainage master plan the next year to reflect potential deficiency correction based on need and the availability of capital improvement funds. Potable Water Sub-Element Objective 3C.l Adequate Water Supply and Treatment. The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through build out. Build out needs are estimated to be 32 MGD, measured in terms of maximum daily flow. The 2004 hydraulic model on the potable water system details areas requiring capital improvements in new transmission mains, so as to meet year 2025 demands and increased fire flows required by high rise buildings (over 7 stories). The report also estimated the average day and peak day demands at 5-year increments, beginning in 2010 and proceeding through 2025. According to the model, the estimated average daily demand in year 2025 will be 23.8 MGD.Peak day is anticipated at 33.4 MGD. Objective 3C.2 Adequate and Efficient Distribution Facilities. The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's water master plan. Policy 3C.2.1 The City will implement the capital improvements described in the water master plan. Policy 3C.2.2 The City shall continue to develop an annual maintenance program which will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. Policy 3C.2.5 By 2005, the City shall replace sub-standard water lines in the area east of Interstate 95 and south of the Boynton Canal. City of Boynton Beach December 5, 2006 4-15 Evaluation and Appraisal Report Assessment of Plan Elements These policies have not been fully implemented. Specifically, the substandard water lines in the areas delineated in Policy 3C.2.5 are a significant issue that will be very costly to address. There is inadequate funding for capital improvements of the system. Currently, there is a one-year funding commitment for capital expenditures. Objective 3C.4 Equitable Financing of System Improvements and Operations. The City of Boynton Beach will fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-selVice. Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. See comments above and comments to Objective 3.Ao4 and 3.A.6 in the Sanitary Sewer Sub-Element. User fees cover recurrent maintenance costs only. Capital expenditures are supported by cash reserves, depleting the reserve fund. As a result of this shortfall, the City is failing to fulfill its reserve obligation as set forth in policy 3Co4.3. The present rate-schedule will not sustain the system. Rate review will be conducted in the latter part of 2006. Natural Groundwater Aquifer RecharQe Sub-Element Policy 30.1.2 The City shall continue to designate areas having the greatest recharge potential. Such areas that are undeveloped shall be designated for low impact development or as conselVation areas in the City's future land use plan. Policy 30.1.3 Boynton Beach shall continue to cooperate with other appropriate local governments to protect areas with the greatest recharge potentials that extend beyond the City limits. There is currently no specific water catchment area, through aqUifers. The policy needs to be reviewed. implemented, as all groundwater is filtered Policy 3D.1.3 has not been Solid Waste Sub-Element The City of Boynton Beach provides for collection of solid waste, while the Palm Beach County Solid Waste Authority is responsible for disposal; the two governments work in concert to ensure that the responsibilities of each mesh seamlessly. The adopted level of service standard for generation of solid waste is 7.2 pounds per capita per day. In City of Boynton Beach December S, 2006 4-16 Evaluation and Appraisal Report Assessment of Plan Elements order to maintain this standard, the City continues to emphasize recycling in order to reduce the solid waste stream. In accordance with an interlocal agreement with the Solid Waste Authority, the City assists with providing citizens education, special recycling campaigns and continued recycling service. In addition, the City continues to streamline and enhance collection of solid waste through mechanization wherever possible. All objectives of this element have been implemented. Impacts of Issues on the Utilities Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. While all objectives of the Element were assessed, only those contained within the Sanitary Sewer Sub-Element were related to the major issue (see pertinent comments to the Sub-Element objectives and policies). Element Overview: The Conservation Element provides for the protection, use and conservation of natural and environmental resources including, but not limited to, air, water, water recharge areas, soils, and wildlife and marine habitats. In so far as some of these areas are specifically addressed, as required by Chapter 163, in other Comprehensive Plan elements, the consistency of this element with those other elements is essential. Conservation Element Assessment: Generally, conservation policies have been succeSSfully implemented. In June 2003, a land use classification for "Conservation" was added to the Future Land Use Map with a corresponding definition adopted into the Future Land Use Element. Concurrent with the addition of the classification, the land use designation for two upland scrub properties - Seacrest and Rosemary - were amended to "Conservation", recognizing the joint effort by the County and the City of Boynton Beach to acquire and preserve these natural areas. The objectives and policies listed below either have not been implemented or have not been executed as stated and will be evaluated for revision or elimination in the EAR- based amendments. City of Boynton Beach December 5, 2006 4-17 Evaluation and Appraisal Report Assessment of Plan Elements Objective 4.3: Through the long term planning horizon, the City shall maintain a local surface quality equal to or better than existing levels for recognized pollutants and conserve, appropriately use and protect the quality and quantity of waters that flow into the Intracoastal WatelWay. Two policies under this objective have not been implemented: Policy 4.3.2: The City shall continue to lobby the Florida Department of Transportation to replace existing direct discharge outfalls with drainage retention ponds. This policy will be eliminated. Land is not available near most DOT roadways to make this feasible. Policy 4.3.5: The City shall continue to investigate the financial feasibility and potential funding sources for implementing a canal maintenance dredging program to eliminate polluted sediments, to reduce resuspension of sediments through prop dredging and to improve tidal flUShing. The City does not own or maintain any canals that experience tidal flushing other than the recently purchased marina, Additional time is needed to study the sediments and pollution potential. This policy will be revised. Objective 4.7: The City shall continue to consider a variety of options to implement potable water conservation such as rate structure, aquifer storage and recovery, education and reuse to reduce per capita water consumption rates by at least 10% through the next planning period. Even though some of the above measures were implemented, there has been no change in the per capita water consumption rates since the year 2000. Reclaimed water efforts will assist in reducing per capita usage if the City focuses on replacing potable water now used for irrigation. Impacts of Issues on the Conservation Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the major issues and objectives in the element. City of Boynton Beach December 5, 2006 4-18 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: The Recreation and Open Space Element utilizes an inventory of public and private facilities to determine existing and projected deficiencies in park acreage and is focused on determining ways in which opportunities for recreation can be expanded and enhanced to meet the existing and future needs of the citizens based on adopted levels of service. Although the Recreation and Open Space element was updated in 2000, based on the 1996 EAR, staff felt that a more thorough collection and examination of the support data should be undertaken. In May 2004, the City contracted with consultants to develop a Parks and Recreation Strategic Plan for the City of Boynton Beach and to revise the Comprehensive Plan element based on the adopted Strategic Plan, the Conceptual Parks and Recreation System Map and narrative and Implementation Strategies. A new draft Recreation and Open Space Element will undergo a final review as a part of the EAR-based amendment process. Recreation and Open Space Element Assessment: This section evaluates implementation of the 2000 update of the Recreation and Open Space Element. The Element has three objectives; the last of the three, Objective 6.3, will have to undergo the most thorough amendment as the growth of the City turns increasingly vertical. Objective 5.1 The City shall improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2002. The objective has been largely implemented. All parks and recreation sites have handicap access as required by law. Some still lack bike racks, but the facilities continue to be installed. All new parks will have bike racks. Objective 5.2 The City shall ensure additional public access to recreation sites by providing park and recreation facilities, using, in part, current population data and projections, summary/recommendation "0" proposed park development schedule. During the last 6 years, the City developed one additional park, a 10 acre intracoastal facility. In 2002 the city hired a consultant to carry out a recreational needs assessment. Subsequently, as explained in the Overview section above, another consultant was contracted to evaluate provision of parks and recreational facilities within City's boundaries, and to make recommendations through the Parks and City of Boynton Beach December 5, 2006 4-19 Evaluation and Appraisal Report Assessment of Plan Elements Recreation Strategic Plan for the City of Boynton Beach. The overall conclusion was that (i) the City's park system was adequate and met LOS standards; and (i1) the development of the city-owned park land will meet future needs, so no additional land purchases are necessary. Objective 5.3 The City shall increase the provision of recreation facilities and open space by public agencies and private enterprise, and specifically require that future private, as well as dedicated areas, are developed and equipped to be at minimum (e.g. size, facilities, access) equivalent of a public neighborhood park. The city is approaching buildout; vacant land is scarce and redevelopment creates an increasingly urban environment whereby townhome and condo projects (some as part of mixed use developments) are built on relatively small lots. In 2002, in response to these changing circumstances, the City adopted a new Park and Recreation impact fee ordinance, Developers of projects with residential components pay an impact fee; land dedication in-lieu can occasionally be requested if feasible. There are no specific requirements regarding provision of private recreational facilities and no credit towards the fee is given for such provision. The number and type of facilities provided are clearly determined by the new urban scale as well as consumer preferences. Most of the incoming projects are planned developments, and staff has a lot of input regarding their overall design, but the private sector generally responds well to market demand for specific amenities. Over the period under consideration, the City has developed a 10 acre Intracoastal Park and improved Boat Ramp park, both with a public access to the waterfront. Two other park sites, Jaycee (also with water frontage) and the SE neighborhood park (yet unnamed) are currently being developed. In accordance with the Policy 5.3.4, a 5 acre park site has been recently dedicated to the City concurrently with KlattjWinchester property rezoning. The City owns apprOXimately 140 acres of undeveloped park land, which will be developed according to the schedule delineated in the above mentioned Strategic Plan. The failure to develop the sites during the last six years was due to limited funding. The unprecedented growth made competing claims on several service facilities (such as additional fire stations); moreover, two years of hurricane damage required extensive capital repairs to the existing facilities. Impacts of Issues on the Recreation and Open Space Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the City of Boynton Beach December 5, 2006 4-20 Evaluation and Appraisal Report Assessment of Plan Elements issues. There are no identified correlations between the issues and objectives in the element. Element Overview: The purpose of the Housing Element is to ensure that the City of Boynton Beach has a supply of adequate housing in a range of types and prices to meet the needs of present and future residents. In order to assist the private sector in providing new dwelling units, a variety of programs are offered by the City and the City's Community Redevelopment Agency. Objectives contained in the element also address a variety of housing issues, including: preservation of traditional neighborhoods and historical resources; group homes and foster care facilities; and housing the elderly, the homeless and those with special needs. Housing Element Assessment: Affordable/workforce housing has been recognized as the City's major issue. The effectiveness of the current policies and programs has been significantly curtailed by dramatic housing price increases that occurred during the period under consideration. The City and the CRA co-funded a Housing Needs Assessment study in order to acquire data that will inform future housing programs or justify changes to the existing ones. The following is the objective-by-objective assessment of the element's achievements. The implementation efforts of the first group of objectives have been either wholly or at least partially successful; two of the objectives have not been implemented. Obiectives with (at least some) successfully imolemented oolicies: Objective 6.1 Assist the private sector to provide new dwelling units of various types,.sizes, and costs by the year 2015, in order to meet the housing needs of the existing and anticipated populations of the City. The residential market has been extremely active over the last 6 years, producing a large number of new units and attributing to the conversion of non-residential zoning districts for residential use. Since the vacant land is scarce, single family detached hOUSing stock will not expand in the future, while townhomes and condominiums continue to be residential products in redevelopment. The City has adopted mixed use ordinance and a suburban mixed use land use to encourage well-designed and innovative projects. However, the City lost rental units to condo-conversions (including some lower rent projects) and three mobil home parks which were replaced by higher City of Boynton Beach December S, 2006 4-21 Evaluation and Appraisal Report Assessment of Plan Elements end townhomes. The supply of affordable housing has become an issue that the City is trying to address. The City has been successful in partnering with non-profits, such as the local banks' Consortium for Affordable Housing and the faith-based community development organizations, Objective 6.2 By the year 2002, most substandard housing shall be eliminated. In 2004, a large low-income Section-8 rental development was deemed unsafe and demolished. An affordable housing project was approved on a part of the property previously occupied by the development. The City's code enforcement staff continues to inspect properties to enforce the Community Appearance Code, adopted in 1996. The cases are reported to the Community Improvement Division which provides rehabilitation and repair assistance to qualified home owners. Overall, the substandard housing stock has decreased. Heart of Boynton, the historically African-American neighborhood close to the City's downtown, contains a large percentage of the remaining substandard stock. The City and the CRA are reviewing implementation options for the Heart of Boynton Redevelopment Plan which will address the issue. Objective 6.3 By the year 2002, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for the homeless, very-low, low and moderate- income persons to meet their housing needs. Steep housing price increases significantly limited the number of beneficiaries of the SHIP purchase assistance program, Presently, since the vacant lots are increasingly difficult to find, the program is focused on purchases of existing homes. There are no programs specifically targeting the homeless population. The 2004 Palm Beach County homeless survey showed no homeless problem within the City. As explained in the Issue section of this report, the City is reviewing the recommendations of the Housing Needs Assessment report to add new programs to meet the pent-up and future demand for affordable housing. If adopted, the programs will either mandate the private sector to prOVide affordable units as part of market-rate developments or prOVide incentives to do so. As stated earlier, the City is not Involved in any rental programs, such as rental rehabilitation or Section 8. Likewise, POlicy 6,3.5 which requires the City to identify a dedicated source of income for housing remains largely unimplemented - the only such source are Community Development Block Grants used from rehabilitation programs. City of Boynton Beach December 5, 2006 4-22 Evaluation and Appraisal Report Assessment of Plan Elements No general fund monies, documentary surtax, or tax-exempt bonds have been allocated to housing, Objective 6.5 The City shall allow sites for group homes and foster care facilities in residential land use categories to ensure adequate areas are available to meet the housing needs of individuals with special needs. The city allows sites for group homes and community residential homes as defined by state law. Density bonuses have been offered in the past to better accommodate such uses. Objective 6.6 The City shall avoid housing programs which displace households. However, in the event displacement occurs, benefits consistent with applicable state and federal laws will be implemented through the following policies. The city has no housing programs that would displace households. Over the period under consideration, the city executed a demolition of the Section 8 rental property, assisted families to find alternative housing and provided monies for security deposits. Objective 6.7 The City shall continue to preserve hOUSing identified as being historically significant. The objective has not been implemented. As explained in the Land Use Element assessment, the city completed the inventory of historic structures but has no historic preservation ordinance which would address issues such as advice and assistance to owners making improvements (Policy 6.7.1). There are no educational programs focused on the historic housing (Policy 6.7,2). The city's preservation effort include two non-residential buildings. Recently, the City's CRA has taken over the ownership of the old high school building located on the City Hall complex. The RFP was issued for adaptive reuse of the building; proposals are being reviewed. The community has been very supportive of its preservation, but no local civic group volunteered to take a lead in fundraising efforts. The adjacent original elementary school building - one of the two city buildings currently on the National Historic Preservation Registry - has been restored and houses a very successful Children's Museum, open to the public since 2001. Objective 6.8 The City, through Code enforcement efforts, will continue to improve the quality of neighborhoods by conserving the exiting housing stock. City of Boynton Beach December 5, 2006 4-23 Evaluation and Appraisal Report Assessment of Plan Elements See evaluation of Objective 6.2. The City encourages private reinvestment in housing through workshops and technical assistance programs delivered by staff, lending institutions and Community Development Corporations. The City co-funds selected educational and social programs for very low, low and moderate income households through its CDBG grant program (Policy 6.8.7). Objective 6.9 Adequate measures should be taken by 2005 to address the housing problems of persons with special needs. The City provides housing rehabilitation services specifically focused on retrofitting older units to remove physical barriers which restrict accessibility by handicapped persons or other people with special needs. The City is currently partnering with a local non profit organization (R.M. Lee CDC) by donating land, and allocating State Housing Initiative Program funds to build an affordable senior housing project. Objectives that failed to be imolemented: Objective 6.4 Subsequent to Plan adoption, allow for adequate sites for mobile homes in all areas of the City where Single-family detached dwellings are permitted. The objective has not been implemented. There are no sites for new mobil home parks; in any case, the cost of land would preclude such use. As stated earlier, three of the city's existing mobil homes have been redeveloped, and even though the developers complied with the state mobil home relocation regulations, these actions ultimately reduced supply of housing for very low income people. Impacts of Issues on the Housing Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the issue of wastewater treatment capacity and objectives in the element. The issue of workforce/affordable housing shortage is obviously related to outcomes of Objectives 6.3 and 6.1. However, since the issue arose as a result of external circumstances out of the city's control, it cannot be ascribed to the implementation failure of said objectives. Tripling of the housing prices over a five year period is highly unusual and could hardly be anticipated. As explained in the Issue section, the City is reviewing new policies and programs to address the issue. City of Boynton Beach December 5, 2006 4-24 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: The Coastal Management Element is a required element of the Comprehensive Plan for all municipalities "abutting the, . , Atlantic Ocean. . ." The purpose of the element is to plan for development in the coastal area and, where appropriate, restrict development where damage or impacts might otherwise occur to coastal upland and marine resources; to protect human life from the ravages of tropical hurricanes and storm tides; and to limit public expenditures in locations subject to destruction by potential natural disasters. The planning area for the Coastal Management Element includes lands between the Town of Hypoluxo on the north to Gulfstream Boulevard on the south, and from a combination of the Florida East Coast (FEe) Railroad right-of-way and several local streets nearby and parallel to the FEC on the west to the Intracoastal Waterway and a small portion fronting on the Atlantic Ocean on the east. The planning area includes several unincorporated pockets and enclaves, both on the south end of the City and on the barrier island, that are within the City's future annexation area. It also includes the traditional central business district of the City. While the Coastal Management planning area, as defined above, contains approximately 1,250 acres, the Hurricane High Hazard area (defined as the Category 1 evacuation area) is generally eastward of Federal Highway and makes up less than one-half of the planning area. Following the previous EAR, only minor amendments were made to the Coastal Management Element, most of them acknowledging work accomplished and changes in dates for completion of other tasks. Few of the amendments were substantive in nature. Coastal Management Element Assessment: The objectives that have been implemented are not listed, with the exception of Objective 7,9 which has been chosen as an example of success. Otherwise, the section reviews the objectives and policies that either have not been implemented or have not been executed as stated and will be evaluated for revision or elimination in the EAR- based amendments. Examole of successful imolementation: Objective 7.9 The City shall provide by 2002 for an increase in the amount of water dependent and water related uses and public access to City of Boynton Beach Oecember S, 2006 4-25 Evaluation and Appraisal Report Assessment of Plan Elements beach and shoreline facilities by prioritizing shoreline uses with priority given to water dependent uses. The City and the CRA completed several projects which feature public access to water and water-dependent uses. These projects include the development of the Intracoastal Park, the purchase and development of Jaycee Park (ongoing), the improvements of the boat ramp park and the Promenade, an extension of the Boynton ~each Boulevard east of US 1 to the Intracoastal Waterway. Moreover, the CRA (with some county's funding) has recently purchased the marina adjacent to the Marina Village project. Acquisition of a small portion of the Marina Village project is currently being considered for a development of a waterfront park. The majority of the area will be maintained as a "working marina", preserving an important part of the City's past importance as a coastal fishing village. Obiectives with implementation issues: Objective 7.2 By 2002, the City shall develop a local water quality improvement program for the City's portion of the Intracoastal WatelWay using current stormwater data. Policy 7.2.4 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. Policy 7.2.5 By 2002, the City will initiate discussions with the Florida Department of Transportation relative to improving the water quality of storm water discharges. Policy 7.2.6 By 2002, the City will initiate discussions with the South Florida Water Management District relative to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. Policy 7.2.9 The City wiJI continue to urge that the Florida Department of Transportation retrofit existing drainage outfalls from State Highways to Lake Worth and the Intracoastal WatelWay. Policy 7.2.10 The City shall by 2002, conduct a study of the feasibility of requiring marinas to provide sanitary sewer hook-ups for long-term use, and to adopt ordinances requiring boats to hook-up to the systems provided. Objective 7.2 and most of its policies (as listed) have not been implemented. The subsequent EAR-based review will have to factor the State-mandated TMDL (Total City of Boynton Beach December 5, 2006 4-26 Evaluation and Appraisal Report Assessment of Plan Elements Maximum Daily Load), a framework for evaluating all possible water quality control efforts that promote closer coordination of local, state, and federal efforts to better guarantee that the water quality goals are met. Objective 7.6 The City shall maintain or reduce current estimated hurricane evacuation times if development increases. Policy 7.6.5 The City shall undertake efforts by 2002 to establish a County surveyor informational program to identify the location and magnitude of the coastal area population requiring. assistance in evacuation. The objective as stated has not been implemented although most its policies have. The city moved its focus away from monitoring "current estimated evacuation times" to close coordination with the County on emergency preparadness and post disaster planning. The City works directly with the County's Division of Emergency Management and the Local Mitigation Strategy Program to address any issues related to these areas, Policy 7.6.5 has not been implemented and will be reviewed as part of the EAR-based amendments. Objective 7.10 By 2002, the City shall protect, preserve and/or provide for the sensitive reuse of historic properties in the Coastal Management area. The City does not have a historic preservation ordinance (see comments in evaluation of the Land Use Element) and therefore no guidelines for development performance and reuse. Objective 7.11 To provide for the ongoing development of the coastal area in a manner which will reduce the exposure of human life and public and private property to natural hazards by developing a Post-Disaster Redevelopment Plan. See comments to Objective 7.12. The objective has not been implemented as the City does not currently have a Post-Disaster Redevelopment Plan. Any such plan would require re-direction of considerable staff resources. However, Palm Beach County recently organized a post-disaster redevelopment plan meeting involving all its municipalities. The County's Plan (which is multijurisdictional) will be submitted to DCA for review in August 2006. Objective 7.12 By 2015, the City shall minimize population concentrations in the coastal high-hazard area. This is an objective that has not been and will not be implemented; in fact, by 2015 the population concentration is likely to increase. The Coastal Management element was City of Boynton Beach December 5, 2006 4-27 Evaluation and Appraisal Report Assessment of Plan Elements based on mInimum criteria existing in 1989. Since that time, the "Eastward Ho" initiative was developed stressing the importance of redevelopment of the coastal area. In addition, Chapter 163, FS has been amended to reflect emphasis on redevelopment of urban core areas. Furthermore, the Palm Beach County's traffic concurrency system in place exempts from traffic review residential units proposed in the coastal area. This emphasis creates an apparent conflict between limiting development in the Hurricane High Hazard area and redeveloping the urban core. The shortage of vacant land and the boom in residential real estate resulted in a fast pace redevelopment activity in the coastal high-hazard areas of the City. Drawing from the Eastward-Ho premise that creating a lively downtown requires people living downtown, and consistently with adopted redevelopment plans, the City increased densities on a number of properties along the US 1 corridor. Some restrictions are in place; for example, the average density in the city's mixed-use core land use area generally allowing 80 units per acre cannot exceed 40 units per acre east of US 1. Moreover, there is an issue of older developments in the Coastal area built at densities exceeding the maximums allowed in the Comprehensive Plan (acknowledged by analysis supporting the element). No consideration was given to the possibility of those properties being redeveloped at some future date (in the long range planning period) or how the non-conforming status was to be handled. The developments are within the City's defined redevelopment area, and could conceivably be redeveloped at existing or higher densities with a land use change. In light of the more recent emphasis on individual property rights, some consideration of this issue should be included in the plan. Impacts of Issues on the Coastal Management Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the Wastewater Treatment Capacity Issue and objectives in the element. The Affordable Housing Issue can potentially impact Objective 7.12. In preparation for the affordable/workforce housing programs, the City is currently processing a Comprehensive Plan text amendment which would allow special high density land use classification anywhere within its boundaries if workforce units are provided as part of the development. The Special High Density residential land use classification is currently allowed in some coastal areas; the proposed amendment will enable the developers to extend it to others, further increasing population concentrations. City of Boynton Beach December 5, 2006 4-28 Evaluation and Appraisal Report Assessment of Plan Elements Element Overview: The Intergovernmental Coordination Element outlines a series of objectives to increase coordination, interaction and communication with adjacent local governments and other coordinating entities to maintain constant awareness of the plans and intentions of those entities and to address or anticipate major issues which may involve either a single agency or numerous entities. The City relies on two major mechanisms to implement the policies contained in the element. The first of these is the use of interlocal agreements to formally state intentions for provision of services beyond jurisdictional boundaries and include such diverse topics as joint use of school recreation facilities to mutual aid in handling hazardous materials and establishing a county-wide computer imaging system. The second mechanism is the Palm Beach Countywide Intergovernmental Coordination Process which provides a forum to deal with issues unique to the governments within the County. One arm of that process is the Multi-Jurisdictional Issues Coordination Forum made up of appointed representatives from local governments and utilized as a means of collaborative planning for matters of interjurisdictional significance such as siting of facilities with countywide significance to locally unwanted land uses. A second arm is the Intergovernmental Plan Amendment Review Committee CIPARC), made up of planning staff members from local governments and utilized as a clearinghouse for all Comprehensive Plan amendments; as a forum for study and discussion of topics of mutual interest; and as a mechanism for conflict resolution in instances of interjurisdictionalland use incompatibilities. Both mechanisms are very successful in promoting intergovernmental coordination and communication. Intergovernmental Coordination Element Assessment: Generally, the objectives of the Intergovernmental Coordination Element have been or are being successfully implemented. Those objectives are not listed; instead, the section reviews the objectives and policies that either have not been implemented or have not been executed as stated and will be evaluated for revision or elimination in the EAR-based amendments. For Comments on implementation of Objectives 8.1 and 8.2, see "Impacts of Issues on the Intergovernmental Coordination Element" at the end of this section. City of Boynton Beach December 5, 2006 4-29 Evaluation and Appraisal Report Assessment of Plan Elements Policies under Obiective 8.4: Policy 8.4.2 The City shall maintain an updated copy of the Comprehensive Plan for the Town of Ocean Ridge in order to evaluate their plans for future beach front recreation and explore potential future agreements that would facilitate joint use and/or provision. No potential future agreements with the Town of Ocean Ridge regarding the joint use or provision of beach front recreation have been explored. Objective 8.5 The City shall continue to implement standards for parks and recreation facilities that are consistent with the County's park standards. The city has its own standards for parks and does not review them for comparison with and adjustment to standards used by Palm Beach County. Policy 8.5.2 The City shall recommend to Palm Beach County that neighborhood park facilities be required as part of its review of rezonings and water selVice agreements in the unincorporated area. This policy has not been implemented. Private recreation facilities are part of all residential products as the market demands. They can serve as a "neighborhood park" in suburban-type developments or offer alternative amenities in urban projects. Objective 8.5 will likely be eliminated. Objective 8.8 The City shall coordinate through the Intergovernmental Plan Amendment Review Committee emergency preparedness and post disaster planning, and shall use the resources of the City's Fire Department to implement hurricane disaster plans as well to initiate the development of other disaster plans and strategies. Neither emergency preparadness nor post disaster planning are coordinated through IPARC. The City works directly with the County's Division of Emergency Management and the Local Mitigation Strategy Program to address any issues related to these areas. Policy 8.8.6 The City shall adopt and enforce regulations to require that all new traffic impact statements for residential projects of 100 dwellings units or more which are located in the Hurricane Evacuation Zone formulate an emergency hurricane preparedness plan and shall provide the plan to all residents; this plan is subject to the approval of the City's Emergency Management Officer. Policy 8.8.5 requires that homeowners' associations of residential developments of more than 50 units located in the Hurricane Evacuation Zone provide information concerning City of Boynton Beach December 5, 2006 4-30 Evaluation and Appraisal Report Assessment of Plan Elements hurricane evacuation to their residents. The City considers this policy to be sufficient. Policy 8.8.6 will likely be eliminated. Objective 8.9 The City shall participate in the Lake Worth Lagoon Study, Department of Environmental Resources Management, South Florida Water Management District, and Surface Water Improvement which target the improvement of surface waters within, and adjacent to, the City's boundary. The objective will have to be amended to account for the State-mandated TMDL (Total Maximum Daily Load), a framework for evaluating all possible water quality control efforts that promote closer coordination of local, state, and federal efforts to better guarantee that the water quality goals are met. Policy 8.9.1 The City shall participate in the efforts to improve the quality of the areas canals and receiving waterways, and negotiate with the Lake Worth Drainage District in addressing the same. Policy 8.9.4 The City shall maintain an updated copy of, and promote the application of, the Operating Policies of the Lake Worth Drainage District. Policy 8.9.5 The City should provide the Districts with the City's development requirements concerning drainage, and emphasize the need for them to adopt similar restrictions if the District's standards are less stringent. Policy 8.9.6 The City shall continue to urge Florida Department of Transportation to retrofit existing direct drainage outfalls with drainage retention ponds from state highways to Lake Worth and the Intercoastal Waterway. Moreover, policies 8.9.4, 8.9.5 and 8.9.6 of the objective have not been executed and will undergo a review for EAR-based amendments. The City has not negotiated addressing the water quality with the Lake Worth Drainage District as directed in Policy 8.9.1. Direct negotiation on water quality issues has been replaced by a program involving County-wide planning through the NPDES (National Pollutant Discharge Elimination System) permitting process, Including the incorporation of meeting future TMDL limitations. Meetings are held quarterly, involving all municipalities within the County, plus FOOT and some Improvement Districts. Policies under Objective 8.10: Policy 8.10.6 The City shall pursue interlocal agreements with local governmental! municipalities that have identified or adopted future City of Boynton Beach December 5, 2006 4-31 Evaluation and Appraisal Report Assessment of Plan Elements land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.S. The city has no "joint planning area" agreements and has generally not pursued- long range strategies regarding its possible future annexation areas. However, the City coordinates with the county on all City's annexations, and reviews all land use amendments proposed by the County in the City's annexation area. Policies under Objective 8.17: Policy 8.17.3 By 2002, the City will initiate discussions with the Florida Department of Transportation relative to improving the water quality of storm water discharges. Policy 8.17.4 By 2002, the City will initiate discussions with the South Florida Water Management District relative to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. The three policies under Objective 8.17, which directs the City to coordinate with South Florida Water Management District, Florida Department of Transportation, and the Lake Worth Drainage District to improve the local waterway, have not been implemented. Direct negotiation on water quality issues has been replaced by a program involving County-wide planning through the NPDES (National Pollutant Discharge Elimination System) permitting process, including the incorporation of meeting future TMDL limitations. Quarterly meetings with this planning group include FDOT. Objective 8.23 The City will inform the Bethesda Healthcare Corporation, through establishment of coordination mechanisms with the Corporation, of the growth plans of the City, and if necessary, the major factors influencing economic and redevelopment growth. From the coordination, the City will become aware of the Corporation's needs and concerns as it develops its master plan. The City has no ongoing coordination mechanisms with the Bethesda Healthcare Corporation, its biggest employer. However, the City has processed four (4) applications to approve or expand the hospital campus, and assisted Bethesda with zoning approval to adaptively reuse an old manufacturing facility as a service annex. This policy will be reviewed and possibly eliminated. CIty of Boynton Beach December 5, 2006 4-32 Evaluation and Appraisal Report Assessment of Plan Elements ImDacts of Issues on the Intergovernmental Coordination Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issue. Major Issue I - Wastewater Treatment Capacity - is linked to the Objective 8.19: Objective 8.19 The City, or the South Central Wastewater Treatment and Disposal Board, shall continue to coordinate with the appropriate entities in order to plan for future treatment facility expansion. The corresponding Policy 8.19.1 requires coordination among the Cities of Boynton Beach and Delray Beach, the South Central Wastewater Treatment and Disposal Board, and Palm Beach County, including the analysis of the buildout population projections of the service area as a basis for facility expansion. The commitment of the two cities toward this end was formalized by interlocal agreement in 1997. Major Issue II - Shortage of Workforce Housing - is linked to objectives 8.1. and 8.2: Objective 8.1 The City shall continue to increase the quality and frequency of the communication and coordination mechanisms between such agencies and entities whose focus is on housing and housing improvement. Objective 8.2 The City shall carry forth, with its Community Development Block Grant Entitlement Status, a comprehensive program to meet the City needs in affordable housing and accompanying infrastructure. The City works closely with many housing agencies in the area. The current affordable housing crisis has Palm Beach County very focused on addressing the issue. The county-wide Housing Needs Assessment Study has just been completed. The County has added affordable housing requirements to its TCEA and CRALLS conditions and is currently revising its residential concurrency exception program (applicable to areas east of Interstate 95) for pOSSible inclusion of such requirements, The coordination between the County's municipalities and the County regarding housing issues has proven to be difficult as the policies proposed to alleviate the situation may differ considerably. In recent years, about 30% of CDBG budget has been spent on housing rehabilitation. CDBG monies cannot fund purchase subsidies for which, given the high housing prices, the need is the greatest. City of Boynton Beach December 5, 2006 4-33 Evaluation and Appraisal Report Assessment of Plan Elements There are no identified correlations between the issues and other objectives in the element and no amendments to the Intergovernmental Coordination Element are foreseen as necessary to address the major issues. Element Overview: The Capital Improvements Element, as required by 9163.3177(3) F. 5., is designed to show the financial feasibility of providing public facilities and the adopted levels of services, outlined in other elements of the Comprehensive Plan, as well as to proVide a short-term (five-year) schedule for the provision of those facilities and services to ensure their availability concurrent with development. The element was amended following the EAR in 2000, and again in 2001 in conjunction with the adoption of the Public School Facilities Element. Capital Improvements Element Assessment: The Capital Improvement Schedule developed in 1989 was placed in the Element's Support Document but never adopted into the ComprehenSive Plan, nor was it updated at the time of the 2000 EAR-based amendments. The City adopts its Capital Improvement Plan annually as part of the budget; however, information contained in CIP falls short of meeting all requirements as listed in 9163.3177(3) F. 5, The City has not been reviewing the Element and updating the CIS annually, as required and has to update its current capital planning methodology to meet all state requirements. Additionally, there may be inconsistencies that exist between this element and other elements of the Comprehensive Plan which may have been amended without a review of the Capital Improvements Element. For example, policies contained in Objective 9E.5 regarding the level of service for district and neighborhood parks will have to be amended for consistency with The Recreation and Open Space Element (see also comments to Objective 9C.2). All deficiencies will be addressed in the EAR-based amendments City of Boynton Beach December 5, 2006 4-34 Evaluation and Appraisal Report Assessment of Plan Elements Sanitarv Sewer and Potable Water Goal 9.A (Sanitary Sewer) and Objective 9.B1 specify that the city shall "maintain sufficient and equitable financing measures to provide services". Policy 9B.1.3 in the Potable Water section reflects the similar policy in the Utilities Element: Policy 9B.l.3 Equitable Financing of System Improvements and Operations. The City of Boynton Beach shall continue to fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. Currently, the costs associated with sanitary sewer and the potable water system maintenance and operations are borne by the customers of the system on the basis of the cost-of-service. However, the rate-schedule is inadequate to meet capital improvement demands and capital expenditures are currently funded through the Department of Utilities cash reserves. So far, the Level of Service levels for both sewer and potable water have been maintained. However, there is no committed funding for a 5-year improvement schedule. At present, CIP-designated funds cover one year of capital improvement expenditures. Parks Objective 9C.l By 2002, the City shall provide adequate automobile parking (excluding mini parks), bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2000, where available space exists. The objective has been largely implemented. All parks and recreation sites have handicap access as required by law. Some still lack bike racks, but the facilities continue to be installed. Objective 9C.2 The City shall ensure additional publiC access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, summary/recommendations "D", proposed park development schedule, Table #2-Neighborhood Park Needs Analysis, Table #3-District Parks Needs and Analysis, and Table #4-Facility Needs Analysis. In 2002 the city hired a consultant to carry out a recreational needs assessment. Subsequently, another consultant was contracted to evaluate provision of parks and recreational facilities within City's boundaries, and to make recommendations through the Parks and Recreation Strategic Plan for the City of Boynton Beach. The Plan includes proposed amendments to the Recreation and open Space Element of the City of Boynton Beach December 5, 2006 4-35 Evaluation and Appraisal Report Assessment of Plan Elements Comprehensive Plan. The overall conclusion was that (i) the City's park system was adequate and met LOS standards; and (ii) the development of the currently undeveloped city-owned park land will meet future needs beyond a lO-year planning period. The Objective and its policies will have to be reviewed to incorporate the proposed amendments. Also, existing inconsistencies between the Capital Improvements Element and Recreation and Open Space Element will be removed. In particular, Policy 9C.2.1 of the Capital Improvement Element, which directs the City to adopt a Level of Service of 2.5 acres per 1,000 persons for both neighborhood and district parks is in conflict with policies of the Open Space Element, which now defines the neighborhood LOS of 2.5 acres as advisory. Policy 9C.2.3 The City shall complete, or initiate, the development of facilities consistent with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park Needs Analysis. During the last 6. years, the City developed one additional park, a 10 acre intracoastal facility. The tables referred to in the above policy have not been updated in the 2000 EAR-based amendments, The results of the park needs analysis performed by the consultant will be reflected in the current EAR-based amendments. Policy 9C.2.6 By 2002, the City shall initiate development of strategic neighborhood plans with parks as one component. See comments above. Development of strategic neighborhood plans has not been initiated. Objective 9C.3 The City shall increase the proportion of residential developments that provide private recreation areas, and require that future private recreation areas are developed and equipped so as to be the equivalent of a public neighborhood park. Policy 9C.3.5 The City shall continue to require a minimum of 6 acres per 1,000 population park dedication, fees in lieu thereof equal to the value of the land to be dedicated, or a combination of fees and land. As explained in the Recreation and Open Space Element, scarcity of vacant land and the focus on urban-style redevelopment led to the changes in the City's Code that will be reflected in the EAR-based amendments. In 2002, in response to these changing circumstances, the City adopted a new Park and Recreation impact fee ordinance. Developers of projects with residential components pay an impact fee; land dedication in-lieu can occasionally be requested if feasible. There are no longer specific City of Boynton Beach December 5, 2006 4-36 Evaluation and Appraisal Report Assessment of Plan Elements requirements regarding provision of private recreational facilities and no credit towards the fee is given for such provision to maintain a more accurate and legally sufficient impact fee system. Furthermore, the number and type of facilities provided are clearly determined by the new urban scale as well as consumer preferences. Most of the incoming projects are planned developments, and staff has a lot of input regarding their overall design, but private sector generally responds well to market demand for specific amenities. Objective 9C.4 The City shall provide public access to two native habitat sites for the purpose of providing a nature study area by the year 2002 consistent with the development schedule for Seacrest scrub. Objective has been implemented: access is provided to Sea crest and Rosemary scrub sites. Public School Facilities Since all municipal governments in the County participating in the interlocal agreement have adopted the same element, any amendments to the element required by changes to Chapter 163 or 9)-5, F.A.C., will be a part of the EAR-based amendments as will any amendments caused by amendments to the school concurrency interlocal agreement or amendments proposed by the Palm Beach County School District. GENERAL: Objectives and Dolicies under Goal 9E Goal 9E To ensure the orderly and efficient provision of all public selVices and facilities necessary to selVe existing and future local population needs. Objective 9E.1 To develop a comprehensive and coordinated funding strategy for the implementation of existing or anticipated capital improvement needs as identified in the adopted Capital Improvement Element, the local Comprehensive Plan or through other local planning efforts. Policy 9E.1.5 The City shall annually update the Five Year Capital Improvements Program and accompanying Capital Budget and submit to the Commission a finalized Capital Improvements Program budget prior to January 1st of each calendar year. Policy 9E.1.6 The Five Year Capital Improvements Program shall be consistent with the data and analysis for the Capital Improvements which are required by the Stipulated Settlement Agreement between the City and the Department of Community Affairs. Oty of Boynton Beach December 5, 2006 4-37 Evaluation and Appraisal Report Assessment of Plan Elements These policies have not been implemented. Pursuant to 9163,3177(3)(b)1., the capital improvement element shall be reviewed on an annual basis and modified as necessary in order to maintain a financially feasible 5-year schedule of capital improvements. The CIS must be updated annually. The Capital Improvement Program developed as part of the fiscal year Budget does not meet all the requirements. These deficiencies will be addressed in the EAR-based amendments. Objective 9E.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the programmed provision of additional services at the adopted level of service standards and meet existing and future facility needs. Policy 9E.2.4 The Level of Service (LOS) for capital facilities shall be (comments pertain to traffic only): Level of Service "C" or better under daily and peak hour conditions on all unspecified City local and collector highway facilities. Level of Service "C" for average daily and Level of Service "0" for daily peak season and year-round peak hour conditions on all non-specified arterial facilities. Level of Service "0" for year round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US 1 between Boynton Beach Boulevard and WOOlbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and for Boynton Beach Boulevard east of 1-95. Level of Service - "Maintain" for all facilities where Level of Service standards have been exceeded. Levels of Service in the Transportation Element have been amended concurrent with TCEA amendments in 2005. All levels of service "C" have been changed to "0". Policy 9E.2.5 (two sections) Capital improvements related to parks, recreational facilities, roads, drainage, and solid waste shall be based upon the assumption that all land east of Lawrence Road City of Boynton Beach December 5, 2006 4-38 Evaluation and Appraisal Report Assessment of Plan Elements will eventually be annexed into the City and will be developed for urban land uses. This policy has not been implemented. At the time of the 1996 EAR adoption, the references to the Lawrence Road as a western annexation boundary were removed from the City's annexation plan. Annexation was to proceed case-by-case. All community redevelopment plans adopted by the City Commission shall include an evaluation of public facilities which serve the redevelopment area to determine whether the levels of service contained in the Plan are met, and to examine sources of funding for any necessary capital improvements related to these public facilities. This policy has not been fully implemented; however, the concurrency management system requires concurrency review for all development orders assuring that the levels of service contained in the plan are met. Policy 9E.2.6 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: (Section three) State Highways (Interstate 95, Boynton Beach Boulevard, u.S. Highway 1, State Road AlA) and the City's Future Traffic Circulation Plan (Table 20 of the Traffic Circulation Element Support Documents) shall incorporate all of the improvements to state highways which are listed in the Palm Beach County Transportation Improvement Program, and all of the improvements listed in The Florida Department of Transportation 5-Year Transportation Improvement Program. The City shall continue to require improvements by developers and/or payment of impact fees, in order to maintain the adopted levels of service on state highways, and shall require the dedication of the necessary right-Of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Metropolitan Planning Organization, and the Florida Department of Transportation in order to ensure funding and construction of needed improvements to state highways. This section needs to be amended. The City reviews, but does not incorporate the improvements listed in the Palm Beach County or the DOT programs into its City of Boynton Beach December 5, 2006 4-39 Evaluation and Appraisal Report Assessment of Plan Elements Transportation Element. In the EAR-based amendments, such Improvements will be included in the CIS to the extent that they are relied upon to ensure concurrency and financial feasibility as required by 9163.3177(3)6 F. S. Objective 9E.7 The City shall establish formal procedures to limit public expenditures that subsidize development in the coastal high-hazard area. Policy 9E.7.l The City shall continue to enforce the policy that limits subsidizing development in the coastal high hazard area defined as the barrier island and all areas within two blocks of the Atlantic Intracoastal Waterway between Northlake Boulevard and the Broward County Line by formulating a Post-Disaster Redevelopment Plan that address the extent of rebuilding after a major storm event. The purpose of the Plan would be to identify any areas of the coastal high hazard area that would be restricted or developed in an alternative manner. The Post-Disaster Redevelopment Plan should be completed prior to the Five Year Comprehensive Plan update. No formal procedures to limit public expenditures in the coastal high-hazard area have been established and the City does not have the Post-Disaster Redevelopment Plan. Impacts of Issues on the Capital Improvements Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the Identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the Issues. ISSUE I: Wastewater Treatment capacity Three objectives are found to be linked to the issue. Objective 9A.l Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequately by existing sanitary sewer facilities. The related policy requires that future development and redevelopment in the City shall take advantage of existing sanitary sewer facilities, wherever possible. Objective 9E.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service City of Boynton Beach December 5, 2006 4-40 Evaluation and Appraisal Report Assessment of Plan Elements availability or the programmed provIsion of additional selVices at the adopted level of selVice standards and meet existing and future facility needs. Policies to achieve Objective 9E.2 include the adoption of a level of service for wastewater treatment of 90 gallons per capita per day and the statement that capital improvements related to water and sewer service shall be based upon the assumption that all land within the utility service areas will eventually be developed for urban land uses served by central water and sewer systems. These two factors are the basis for acknowledging that increase in treatment capacity will be necessary to serve the city's population at bulldout. Objective 9E.4 Maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. Related policies require that public facilities financed by enterprise funds, which Include sanitary sewer service are to be financed by: 1. Debt to be repaid by user fees and charges for enterprise service; 2. Current assets (i.e" reserves, surpluses, and current revenue, including transfers); or, 3. A combination of debt and current assets. This ensures that mechanisms exist to finance required improvements to the wastewater system. It is important that capacity is monitored so that these improvements are added to the City's Capital Improvements Plan in a timely manner so they are available concurrent with future demand. There are no identified correlations between the issue and other objectives in the element and no amendments to the Capital Improvements Element are foreseen at this time as necessary to address the issue. ISSUE II: Shortage of Affordable/Workforce Housing There are no identified correlations between the issue and other objectives in the element and no amendments to the Capital Improvements Element are foreseen at this time as necessary to address the issue. Element OvelView: The Public School Facilities Element was adopted into the Comprehensive Plan on December 18, 2001. This was the culmination of two years of intergovernmental coordination, with 26 municipalities, Palm Beach County and the School district working to develop a plan, which includes the responsibilities of each government entity as a party to an interlocal agreement. Each of the municipalities and the county has adopted a Public School Facilities Element. City of Boynton Beach December 5, 2006 4-41 Evaluation and Appraisal Report Assessment of Plan Elements The Element provides for future availability of public school facilities consistent with the adopted Level of Service (LOS) standard, established under school concurrency and the maintenance and enhancement of joint planning processes and procedures for coordination of public education facilities for planning and decision making. Palm Beach County remains the only county in the State of Florida that adopted a school concurrency ordinance Public School Facilities Element Assessment: The implementation of this Element established school concurrency as a growth management tool aimed at insuring that construction of classroom space keeps pace with the demands resulting from residential construction, The goal of school concurrency was to have all schools operating at no more than 10% over capacity by 2004. The three components of the concurrency plan are: (1) Joint planning among municipalities, the County and the School District; (2) A financially feasible five-year capital improvements plan for school construction that enables the District to catch up and keep up with growth; and (3) Regulatory review of all new residential projects by the School District. Section 163.3177, F.S. required Palm Beach County to identify, as a part of its EAR, changes needed in its public school element necessary to conform to the 2005 public school facilities element requirement. Since all municipal governments in the County participating in the interlocal agreement have adopted the same element, any amendments to the element required by changes to Chapter 163 or 9J-5, F.A.C., will be a part of the EAR-based amendments as will any amendments caused by amendments to the school concurrency interlocal agreement or amendments proposed by the Palm Beach County School District. The City has implemented all Objectives and Policies of this Element and has been working closely with the Palm Beach County School District. The examples of this cooperation are the City's Fire Rescue Emergency Management team's involvement in the construction of a hurricane evacuation shelter in the Boynton Beach High School and the cooperation between the city and school district on the recent redevelopment of the Congress Middle School. Impacts of Issues on the Public School Facilities Element: An assessment of the Element's objectives has been completed to determine whether their achievement relates to the identified major issues and whether there are any unanticipated changes in circumstances or problems and opportunities regarding the issues. There are no identified correlations between the issues and objectives in the element. City of Boynton Beach December 5, 2006 4-42 Evaluation and Appraisal Report Assessment of Plan Elements Over the last 5 years, Boynton Beach has experienced a rapid growth, with high pace of both residential and nonresidential development and redevelopment. While growth contributes to a healthy tax base for the City, it also creates additional demand for infrastructure and public selVices, This section of the EAR will discuss the financial feasibility of implementing the comprehensive plan and of providing needed infrastructure to achieve and maintain adopted level-of-selVice standards and sustain concurrency management systems through the capital improvements element, as well as the ability to address infrastructure backlogs and meet the demands of growth on publiC selVices and facilities (163.3191(2)c, F.S). CONCURRENCY MANAGEMENr Pursuant to F.S. Sec. 163.3161, et seq., The City of Boynton Beach implemented the Concurrency Requirements Ordinance in 1990. The purpose of the Ordinance is to ensure that adequate publiC facilities are in place concurrent with the impact of development. Therefore, concurrency management involves review by all the pertinent selVice providers to determine if selVices and infrastructures are adequate to selVe proposed development on a subject property. The Planning and Zoning Division selVes as a coordinating center for the implementation of the Concurrency Requirements. The City of Boynton Beach Comprehensive Plan contains "level of selVice standards" for infrastructure and selVices either provided by the City or another entity (the County or the Public School District) through an interlocal agreement. These selVices include potable water, wastewater, solid waste collection, drainage, parks and recreation, roads and publiC schools. A discussion of the City's ability to provide "level of selVice standards" for infrastructure follows. POTABLE WATER, WASTEWATER AND STORMWATER Maintaining adequate Level of SelVice (LOS) standards in the provision of public facilities is dependent upon several factors. One primary factor, especially in such a rapidly growing area, is the construction or development of adequate new facilities to keep pace with the rate of population growth. A second factor deals with the replacement or renewal of infrastructure that can no longer assure the delivery of adequate selVices. Both of these factors are addressed through the City's Capital Improvement Program (CIP) budget. That budget is funded through the imposition of Capital Facilities Charges, for the growth-related City of Boynton Beach December 5, 2006 5-1 Evaluation and Appraisal Report Special Topics portions, and also through transfers from the utility operating fund into either the renewal and replacement or the reserve accounts. Capital Facilities Charges have been established by code to reimburse the City for its investment in new facilities based on a cost per gallon of installed capacity, and the anticipated demand exerted from new construction of residential, commercial or industrial establishments. The Capital Facilities Charges are evaluated periodically so as to assure that the amount collected is in keeping with the changing cost of constructing expanded facilities. They are being reviewed as part of a rate study now underway. Renewal and Replacement activities are funded via transfers from the utilities operating budget. Rate-funded activities must therefore be maintained at a sufficient level to assure an adequate flow of funds into these essential activities. Whereas the operating budget is primarily concerned with funding ongoing maintenance and upkeep of the City's facilities, the transfer to renewal and replacement (or reserves) assures that the City will be able to maintain the integrity and reliability factors that are critical to guaranteeing the current LOS standards. In the City of Boynton Beach service area, potable water, sanitary sewer, stormwater, and solid waste services are maintained through the collection of rates, which are billed on a monthly basis. The current rates for water, sewer and stormwater are currently set below the level necessary to fund all projected capital improvements. Potable Water The LOS for potable water is adopted as 200 gallons per capita per day. The Utilities Department of the City of Boynton Beach provides potable water service to approximately 95,000 people within the City, the Town of Ocean Ridge, the Town of Briney Breezes, and unincorporated areas of Palm Beach County. It operates two distinct water treatment facilities; the West Water Plant capable of producing lOA million gallons per day (MGD) using a membrane softening process; and the East Water Plant capable of treating 24 MGD using a lime softening process. At the present time, capacity at the East Plant is limited to an average of 8 MGD due to regulatory restrictions on aquifer withdrawals. The City has a total of 29 wells (18 east and 9 west) feeding water to the treatment plants, from the surficial aquifer. Supplementing its installed treatment facilities and surficial aquifer wells, the City also operates two Aquifer Storage and Recovery wells, which increase its capability to store excess treated water during wet seasonal weather, and then use that water during the dry season. These wells reduce the City's necessity for relying on surficial aquifer supplies during dry weather, in a cost-effective manner, and provide additional peaking capacity during the dry season. City of Boynton Beach December 5, 2006 5-2 Evaluation and Appraisal Report Special Topics In addition to the capacity of these two treatment plants owned by the City, the City may purchase up to 5 MGD of potable water through an interlocal agreement and interconnections with Palm Beach County Water Utilities. The firm average daily capacity now available for use by the City is 23 MGD, whereas the peak day capacity available is 27 MGD. The City's historical peak day pumpage is 20.26 MGD, Wastewater The City's adopted LOS for wastewater is 90 gallons per capita per day. The City's wastewater service area mirrors its potable water service with a few notable changes. Through interlocal agreements, the City of Boynton Beach provides wastewater transmission and treatment to portions of the Town of Hypoluxo, and the entire Village of Golf. These two areas receive potable water service from sources other than the City. The City owns and maintains an extensive wastewater collection and transmission system, including 157 wastewater pumping stations. The City is also co-owner of the South Central Regional Wastewater Treatment and Reclamation Facility. That facility has a treatment capacity of 24 MGD, with a Reclaimed Water component of 10 MGD, Its highest 3-month average daily flow for the past year is 18.533 MGD. All new construction within the incorporated area of the City is required to connect to the wastewater collection system. Outside of the City, the minimum LOS may remain individual septic tanks in older, already established neighborhoods. The feasibility and cost-effectiveness of retrofitting existing neighborhoods using septic tanks in the unincorporated area may require those facilities to remain in use for some time, All new construction outside of the City is also being required to connect to a central wastewater collection system, where one is present, by the governing jurisdiction. The City also owns a distribution pipeline for Reclaimed Water, which it intends to expand through the Capital Improvement Program for the purpose of reducing demands upon the surficial aquifer system during dry weather. Stormwater The City owns and operates stormwater treatment and conveyance systems within City rights-of-way, and only within the City limits, The City also maintains a number of stormwater retention areas, and two stormwater pumping stations, which were constructed through the CIP budget. The City continues to construct stormwater improvements on an as-needed basis in conjunction with its renewal and replacement activities for other utility piping systems. City of Boynton Beach December 5, 2006 5-3 Evaluation and Appraisal Report Special Topics The adopted LOS for all new construction is based upon the criteria established by the regional water manager, the South Florida Water Management District, SOLID WASTE The City of Boynton Beach is part of a countywide Solid Waste Management program, As such we are dependent on Palm Beach County to provide capacity for the Solid Waste generated within the Boynton Beach city limits, Palm Beach County's annual EAR report is as follows: The Solid Waste Authority of Palm Beach County has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated county for the coming year, and has sufficient capacity for both concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9]-5.005(4). As of September 30, 2003, the Authority's North County Landfills had an estimated 39,442,993 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the most recently available population growth rates published by the University of Florida Bureau of Economic and Business Research (BEBR), and projected rates of solid waste generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be available through approximately the year 2024 assuming the depletion of the Class I and Class III landfills are approximately balanced. The Authority continues to purs\le options to increase the life of its existing facilities and to prOVide for the entire County's current and future disposal and recycling needs. As part of its responsibility, the Authority will provide an annual statement of disposal capacity, using the most current BEBR projections available, PARKS AND RECREATION City Park LOS is established in the Comprehensive Plan and Recreation & Open Space Element (RlOS). Park LOS is calculated by comparing City population to current inventories and then expressing the results in terms of total acres available per 1,000 population, At present, there are 2.5 acres/lOOO population LOS for district parks and an advisory 2.5 acre~1000 population LOS for neighborhood parks (there is an inconsistency in the Plan: in the Capital Improvements Element, the latter is also construed to be adopted). The Plan also has a land dedication policy, requiring developers of residential projects to dedicate 6 acres of land for a park or pay a fee-In-lieu; this is inconsistent with City of Boynton Beach December 5, 2006 5-4 Evaluation and Appraisal Report Special Topics the current Land Development Regulations. In 2002, in response to the changing environment (near-depleted inventory of vacant land, redevelopment in urban areas), the City adopted a new Park and Recreation impact fee ordinance. The impact fee replaced land dedication requirement, even though land dedication in- lieu of an impact fee can occasionally be requested if feasible. Provision of private recreation facilities no longer generates credit toward the impact fee. Payment of impact fee (or conveyance of a real property) is made prior to the issuance of an applicable building permit. In May 2004, the Park and Recreation Department contracted with consultants to develop a Parks and Recreation Strategic Plan for the City of Boynton Beach and to revise the Comprehensive Plan element based on the adopted Strategic Plan, the Conceptual Parks and Recreation System Map and narrative and Implementation Strategies. A new draft Recreation and Open Space Element will undergo a final review as a part of the EAR-based amendment process. It will include a review and consolidation of LOS figures and elimination of internal Plan inconsistencies regarding the level of service. TRANSPORTATION The Public Works Department requires each development to submit a traffic concurrency study adhering to Palm Beach County's Traffic Performance Standards (TPS) , The key objective of the concurrency system is to ensure that development orders are not issued by the City for projects whose traffic will cause adjacent roadways to exceed the adopted level of service (LOS), Both the City's Public Works Department and the County's Traffic Engineering Division review each concurrency study for compliance with the County's TPS requirements. Over the past 18 months, TCEA and CRALLS designations were adopted for specific areas within the City in anticipation of traffic concurrency issues. TCEA designation was adopted to facilitate downtown revitalization and urban redevelopment; it covers the downtown and surrounding neighborhoods. A significant number of projects has been approved within the TCEA, however, few are yet completed, TCEA defines ceilings for residential and commercial developments within the area; current levels remain well below these thresholds. CRALLS designation was set up for two intersections on Congress Avenue (Gateway Boulevard and Old Boynton Road) and a segment of Old Boynton Road. Additional capacity permitted under CRALLS will be used by a mixed use development on Congress Avenue currently in approval process; however, the City has identified 6 properties with a redevelopment potential within the area which may use this additional capacity in the future. City of Boynton Beach December 5, 2006 5-5 Evaluation and Appraisal Report Special Topics City Roads The City of Boynton Beach maintains only one arterial roadway that is integral to both the State and the County arterial network. This roadway, Gateway Boulevard, between 1-95 and Congress Avenue, has recently been chosen to be widened to six lanes by the City as a mitigation measure for a nearby private development that received a CRALLS designation for required off site roadway improvements. Gateway Boulevard is the only City's arterial roadway with 4 or more travel lanes. The City has also identified a need for future monitoring of SW 8th Street from Woolbright Road to Boynton beach Boulevard, Although this road segment is operating well within LOS standards, it is anticipated that traffic volumes will continue to increase, suggesting a need for capacity improvements in the future. Lastly, Old Boynton Road will be widened to 3 lanes as part of the said CRALLS designation. LOS for all city streets and collector highway facilities is "0" for peak hour conditions; LOS for unspecified arterial facilities is "D" for peak season peak hour conditions. As stated above, the City operates under the county's Traffic Performance Standards and does not have a separate concurrency management ordinance for its streets. Consequently, there is no monitoring system in place and LOS standards on certain City's streets have not been reevaluated. County and State Roads The County and State have adopted a LOS D for all roads under their jurisdiction. Neither the State nor the County have roadway capacity improvements planned for the next five years on streets located within the City, In 2008, the County plans to fund a study for design of improvements to Golf Road from Military Trail to Seacrest Boulevard, and in 2010 a study for Hypoluxo Road from High Ridge Road to Seacrest Boulevard. Public Transit Palm Beach County provides fixed-route bus service through Palm Tran. The bus system is composed of 34 routes with most routes in operation seven days per week, During weekday peak hours, up to 107 buses are utilized to provide service. Coordination with Tri-Rail is provided by linking fixed-route bus service to Tri-Rail stations (Mangonia Park, West Palm Beach, Lake Worth, Boynton Beach, Oelray Beach and Boca Raton) in the County. Palm Tran also has shuttle service between the West Palm Beach Tri-Rail station and the downtown of West Palm Beach. There is no adopted LOS for public transit. City of Boynton Beach December 5, 2006 5-6 Evaluation and Appraisal Report Special Topics PUBLIC SCHOOLS To implement school concurrency, the County has been divided into 21 geographic zones known as concurrency service areas (CSAs). When a residential development application is filed, School District planners look first at the CSA directly affected. If there is no available capacity at the nearest school(s), they look to an adjacent CSA. If there is still no capacity available, the developer must postpone or pay for more classroom space to be built (mitigation). For a proposed project to receive concurrency credit, a school does not have to actually be physically standing, if it is scheduled to be built and opened within the next three years. The 26 municipalities that signed the Interlocal Concurrency Agreement were: City of Atlantis, City of Belle Glade, City of Boca Raton, City of Boynton Beach, City of Delray Beach, City of Greenacres, Town of Haverhill, Town of Hypoluxo, Town of Juno Beach, Town of Jupiter, Town of Lake Clarke Shores, Town of Lake Park, City of Lake Worth, Town of Lantana, Village of North Palm Beach, City of Pahokee, Town of Palm Beach, City of Palm Beach Gardens, Town of Palm Beach Shores, Village of Palm Springs, City of Riviera Beach, Village of Royal Palm Beach, City of South Bay, Village of Tequesta, Village of Wellington, City of West Palm Beach, An essential factor in the Interlocal Concurrency Agreement is the Five-Year Capital Facilities Plan. To meet the demand for educational facilities the School Board, through the funding of the Capital Facilities Plan opened seven new schools and four replacement schools in August 2002, adding 7,515 seats. Four additional new schools and seven replacement schools opened in August 2003 with 6,686 new seats. The County and School Board have a joint process to coordinate efforts on population and student enrollment projections, and currently, student enrollment in the County is growing in excess of 3,500 students annually. The County, the School District, and local governments also have a process of coordination and collaboration in the planning and siting of public school facilities, which includes the integration of school facilities with land uses. There are 38 additional new schools and modernizations included in the Five-Year Capital Facilities Plan, which are scheduled for completion between 2004 and 2006, Due to the State's Class Size Reduction referendum, building costs are exceeding budgeted amounts, but to date, there have been no school concurrency suspensions. The Five-Year Plan projects student population to the 2008/2009 school year, and includes sufficient capacity to accommodate the projected population and the adopted LOS. Regarding the financial feasibility of the Plan, the costs of the school projects completed in 2002 were within two percent of the amounts budgeted. Projected costs for the Plan's unbuilt projects increased between the 2002 and the 2003 budgets, primarily due to the Class City of Boynton Beach December 5, 2006 5-7 Evaluation and Appraisal Report Special Topics Size Reduction (CSR) referendum. Revisions in projected costs have also been the result of inflation, the addition of student stations, changes in site locations and changes in programs. The plan is still considered to be financially feasible, SHORT TERM FINANCIAL FEASIBILITY The City reviews and extends its 5-year Capital Improvement Plan concurrently with the annual budget. The CIP includes improvement schedules for all but enterprise departments (water and wastewater, sanitation and golf course). Facilities plans are expected to be finanCially feasible, i.e. demonstrate the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted LOS for each year of the five year planning period. No deficiencies have been recognized in the current Comprehensive Plan; however, the high growth rate during the last five years put a substantial strain on the City's service delivery system. The projections suggest that the City's population may grow by another 12% between 2005 and 2010. Because of the sharp slowdown of the residential market, short-term population projections may have to be revisited. WATER, WASTEWATER AND STORMWATER The Department of Utilities prepares and updates a 10-year CIP budget as a means of identifying needs, and forecasting the funding of needed infrastructure improvements. At this time, the 10-year forecast for utilities capital improvements (related to potable water, wastewater and stormwater) is $263,346,229. For the upcoming fiscal year 2006-2007, the anticipated expenditure by category is as follows: Table 6. Water, Wastewater and Stormwater: Planned Capital Ex enditures for 2006-2007 Fiscal Year Potable Water Wastewater Stormwater Miscellaneous/multiple element ro'ects Includes replacement and upgrade existing transmission mains in redevelopment areas Includes inflow and infiltration control City of Boynton Beach December 5, 2006 5-8 Evaluation and Appraisal Report Special Topics The total anticipated need for FY 2006-07 is therefore projected at $27,580,250. The City currently has sufficient funds on hand to cover the anticipated FY 2006- 07 capital needs, but not the needs projected for the following years, Thus, financial feasibility of a 5-year plan has not been determined. The City anticipates completing a rate analysis during the next 6-months that will identify possible funding mechanisms and/or rate adjustments that will allow it to raise the needed capital for both 5- and 10-year periods. The financially-feasible CIE will be prepared by December 1, 2007. SOLID WASTE The capital budget of the Solid Waste Authority (SWA), approved by the Board annually as part of the budget approval process, addresses the short-term (five- year) capital improvement projects. This plan and budget includes both a Renewal and Replacement component, including the development of landfill cells, and a Capital Improvement component that addresses new or expanded facilities or equipment. The five-year plan also includes those projects funded by Bond proceeds. The SWA has issued Revenue Bonds to construct some of its capital projects, such as the acquisition and construction of the Southwest County Transfer Station, and are included in the capital budget. The capital budget of the SWA shows no backlogs or deficiencies in the five-year plan. PARKS AND RECREATION In 2005, concurrency was exceeded for the adopted district park LOS of 2.5. The City has a 68 acres of undeveloped park land and, given that it is nearly build- out, the inventory is unlikely to increase much beyond this number. According to the projections, by 2010 the City will have approximately 7,000 more residents. The City's Capital Improvement Plan shows $4,790,000 expenditures for development of about 44 acres of new parks (including 2005/2006 budget year and projections through 2008/2009). The additional acreage would result, by 2010, in the total provision level exceeding 4.5 acres per 1000 population, the current actual level of service for all parks within the City. In terms of source of funds, the schedule is financially feasible for the first 4 years (there are committed funds for the first 3 years, and planned funds for the fourth year) but not for the 2009/2010 fiscal year. The inconsistencies in the Plan will be addressed and LOS levels redefined as a part of the new Recreation and Open Space Element in the EAR-based Plan amendments. A new combined LOS for all parks will likely be considered. The deficiency in CIE also has to be addressed by December 1, 2007. City of Boynton Beach December 5,2006 5-9 Evaluation and Appraisal Report Special Topics TRANSPORTATION The City of Boynton Beach has no roadway major improvements planned over the next five years. Surface maintenance will proceed based upon condition ratings. Financial feasibility for resurfacing is assured for the next 4 years. This deficiency in CIE will have to be addressed by December 1, 2007. LONG-TERM FINANCIAL FEASIBILITY Even though all elements of the Comprehensive Plan include specific completion target year in some of their policies, the plan as a whole does not recognize short-and long planning terms. For the current plan, these would be 2005 and 2010. For certain facilities, such as water and wastewater, longer periods may be considered. This deficiency will be addressed in the EAR-based amendments. The City has not adopted a long term concurrency management system and - with the exception of Utilities Department - does not extend its CIP beyond a 5 year planning period. However, long term financial feasibility must be considered; revenues should be adequate to fund facilities that are likely to be needed by 2015 and beyond. By then, City's population is expected to grow by another 10%, to about 82,000. Buildout population (or buildout completion year) cannot be determined as infill and redevelopment continues; moreover, annexations will continue to occur. WATER AND WASTEWATER Most of the City's growth-related expenditures are expected to occur with the next 15 years. Beyond than, capital activities will focus upon renewing aging infrastructure, adapting to technological innovations, and maintaining the existing facilities. As much of the City's anticipated growth between the present time and build-out will occur via redevelopment of existing developed areas, the overall rate of growth is expected to decrease from that which was experienced over the past 20 years. Future elected officials should periodically review rates to assure that funding for the maintenance, renewal and improvement of the utility system is made available so as to maintain the adopted LOS. As stated earlier, the user fees at a current rate do not cover capital improvement for these facilities. Clearly, the City's priority is to have a financially feasible 5-year plan, An ongoing rate study will address this issue; other funding sources will also. be considered. Moreover, the City will have to complete a 10- year water facilities plan pending finalization of the South Florida Water Management District's 10-year water use plan for the Lower East Coast. Anticipated completion date for the City's study is Spring 2008, based upon City of Boynton Beach December 5, 2006 5-10 Evaluation and Appraisal Report Special Topics current schedules. However, the City is also looking at a water supply strategy through the year 2025. A study focused on long-term strategic issues has just been completed (see the next section - Long-Term Water Supply and Comprehensive Plan), Water conservation is an important part of a long term water supply strategy. The City is planning to expand its reclaimed water distribution system, and focus on replacing irrigation using potable water with the use of reclaimed water. This potable water irrigation, which occurs primarily in the coastal zone, is not the best and highest use of such highly treated drinking water, and causes the City to have a higher per capita consumption than is desirable from a water conservation standpoint. Success at replacing 1-2 million gallons per day of potable water now used in irrigation will decrease the need for capital facilities expansion of the potable water system, and demonstrate better stewardship of our natural resources. Wastewater treatment capacity has been identified as a long-term issue, beyond a 10-year planning horizon. As explained in the Major Issues section of Chapter 1, Regional Wastewater Treatment Facility has V4 its total capacity available to meet the demands of both the City of Boynton Beach and the City of Delray Beach for the 10-year planning horizon. Sufficient land is available within the existing site to expand the treatment facility, which may be necessary to meet the capacity demands at buildout. The source of funding for alternative options to address the issue have not been identified. SOLID WASTE The long-range planning for the Solid Waste Authority (SWA) is accomplished first through an annual evaluation of remaining disposal capacity at the County's existing landfill. The annual evaluation is titled The Landfill Depletion Model Report. The current year's analysis indicates that the existing site will proVide disposal capacity for the county until approximately 2023. Beyond the capacity in the existing landfill, the SWA owns a 1600-acre parcel in the western portion of the county (Everglades Agricultural Area) that can serve as a disposal site when the existing landfill is depleted. The time horizon to initiate the development of plans for the western site is approximately ten years from now. Assuming the use of this site, there is no long-range deficiency in disposal capacity for the County. City of Boynton Beach December 5, 2006 5-11 Evaluation and Appraisal Report Special Topics PARKS AND RECREATION There is no long-term (beyond 2010) capital improvement plan for park development; however, it is anticipated that the development of the remaining city-owned park land would increase the inventory sufficiently for the LOS standards to be met every year till 2015. Generally, about one third of the long- term Parks and Recreation Department capital improvement funding will come from developers' impact fee fund; among other revenues, grants have been a significant source during the last five years and are expected to remain so; borrowing option will also be considered. TRANSPORTATION The City of Boynton Beach relies on the Palm Beach County Metropolitan Planning Organization's (MPO) model to project long-range traffic conditions and make recommended long-range improvements. The MPO has adopted the Year 2025 Transportation System Plan. The MPO's Cost Feasible Plan within the City of Boca Raton addresses all modes of transportation. In addition to the MPO's plan, the City is striving to better manage the existing transportation network through ATMS improvements utilizing CCTV cameras, video detection, dynamic message signs, signal coordination, etc, In addition the City has adopted a Transportation Demand Management (TOM) program for the downtown area, and the City is currently modifying their land development regulations to require TOM programs along the North Federal Highway corridor. The objective of TOM is to reduce single occupancy trips and peak hour travel. RECOMMENDATIONS The Capital Improvements Element, and particularly the five-year Capital Improvement Schedule (CIS) needs to be completely revised and updated. The sources of funds (committed and planned) for facility improvements need to be specified as defined by Section 163.3164(32), F.S.. CIE will be submitted to DCA by December 1, 2007. Legislation passed by the State in 2002 requires local governments to prepare a 10-year Water Supply Facilities Work Plan (Work Plan). The intent of the legislation is to strengthen the coordination of land use and water supply planning with the goal of ensuring adequate regional water supply for the long City of Boynton Beach December 5, 2006 5-12 Evaluation and Appraisal Report Special Topics term. The Work Plan must project water facilities needs for at least a 10-year period and identify any deficiencies. As stated earlier, the City will have to complete a 10-year water facilities plan pending finalization of the South Florida Water Management District's 10-year water use plan for the Lower East Coast. Anticipated completion date for the City's study is Spring 2008, based upon current schedules. This plan will be adopted into the Utilities Element's Potable Water section. The base of the plan will be a long-term potable water supply strategy study recently completed for the City by a consultant. The study examines alternative sources of water and methods of treatments capable of delivering adequate capacity for present and future uses (through 2025), and doing so cost- effectively. The favored option includes two facets: 1. Constructing a new raw water pipeline to transmit water from the west wellfield to the east water plant, where surplus capacity already exists. 2. Converting the existing West Plant from a nanofiltration plant to an LPRO facility by changing the existing treatment units. Based on population projections for the City's water service area (134,725), the average and peak day water demand in 2025 will be 23.8 MGD and 33.4 MGD, respectively. The consultant recommended that the City extend its contract with the Palm Beach County Water Utilities Department for an interim period to allow construction of the selected improvements. The construction is projected to extend to the first quarter of 2013. The total capital improvement cost for this option is expected at $63,228,000, with the 25-year net present value at $79,055,929. The Capital Facilities Account currently contains approximately one-third of this value. The additional is anticipated from a combination of future Capital Facilities Charges realized from growth, and also from future bonded indebtedness, The City Commission will consider bond issuance during fiscal year 2006-07. The City's current plan is based upon the existed Lower East Coast Water Supply strategy of the South Florida Water Management District. Future changes to that strategy, now under consideration by the District will be reflected in the City's 10-year Facilities Plan, due in 2008. City of Boynton Beach December 5, 2006 5-13 Evaluation and Apprai~1 Report Special Topics Reduction of Land Use Density and Property Rights As per 1994 State definition, the coastal high-hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. In the City of Boynton Beach, the coastal high-hazard area comprises properties located east of US Highway 1 along the eastern boundary of the City. A large percentage of the current land uses within the coastal high-hazard area is residential, with densities ranging from 4.84 up to 80 dwelling units per acre. In coming years, the Mixed Use and the Mixed Use Core future land use classifications would allow for steep density increases on a large number of properties compared to the present as-built levels, During the last olannina oeriod there have been no reductions of residential densities in the area. However, a land use amendment currently in process would reclassify approximately 35 acres of land developed with single-family homes from the Mixed Use to Low Density Residential, reducing the density from 40 units to 4.84 units per acre. This amendment would reverse the action taken by the City in 2000, when the area (the Inlet Cove neighborhood) was reclassified to Mixed Use land use in anticipation of redevelopment activity, based on the analysis indicating that it was suitable for more intensive uses. Nevertheless, while the recent real estate boom generated a large number of redevelopment project along the US 1, the City's earlier expectations regarding the area in question were not realized. The City's action to return the neighborhood to its previous Low Density Residential land use was fully endorsed by residents, who increasingly opposed higher densities in adjacent neighborhoods. The issue of property rights impairment has not been raised. However, there is an issue of several older multi-family developments in the coastal high-hazard area built at densities exceeding the maximums allowed in the Comprehensive Plan. The built densities range from 17.9 to 40.0 du/acre, as compared to 10,8 du/acre permitted by the Plan. No consideration was given to the possibility of those properties being redeveloped at some future date (in the long range planning period) or how the non-conforming status was to be handled. The developments are within the City's defined redevelopment area, and could conceivably be redeveloped at existing or higher densities with a land use change. In light of the more recent emphasis on individual property rights, some consideration of this issue should be included in the plan. City of Boynton Beach December 5, 2006 5-14 Evaluation and Appraisal Report Special Topics It needs to be emphasized that future redevelopment of the said non-conforming properties would adhere to the more stringent building code regulations enacted following Hurricane Andrew, which would make them safer for the residents than the current structures, which are between 30 and 40 years old, Issues related to coordination of public schools with the comprehensive plan are not relevant for the City of Boynton Beach since school concurrency was implemented in Palm Beach County in 2002. Therefore, the County and its municipalities are exempt from this section. A summary of successes related to publiC schools and planning, is described in the Public School Facilities Element. The Transportation Concurrency Exception Area (TCEA) for the Boynton Beach CRA became effective on April 3, 2005. It extends over a substantial portion of the City's downtown (see Map D in the Appendix) and covers areas included in the City's three major redevelopment plans (US 1 and Boynton Beach Boulevard corridors and the Heart of Boynton neighborhood). Consistently with the City's Comprehensive Plan, all redevelopment plans foster integrated mix of land uses and encourage multi-modal transportation options, but their implementation will nevertheless generate additional vehicular traffic impacts both within the TCEA and the adjacent areas. The intent of the TCEA establishment was to facilitate implementation of these plans through the elimination of the concurrency requirements and concurrent mitigation of their vehicular impacts through a variety of measures adopted into the ComprehenSive Plan. The measures, addressed in several Transportation Element policies, focus on development and promotion of a safe, convenient, multi-modal transportation system, including walking, bicycling, and public transit. For example, Policy 2.4.12 specifies desirable design features for streets within the TCEA boundaries, such as low speed turning radii; new continuous and permanent on-street parking; pedestrian-scaled lighting; narrow travel lanes; curb extensions or bulb outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalks; installation of bicycle lanes; and use of brick crosswalks. Designs features for streets and projects promoting pedestrian mobility and overall connectivity in the downtown urban environment are also recommended in the recently approved "Urban Design Guidelines for the Redevelopment Area in the eRA", City of Boynton Beach December 5, 2006 5-15 Evaluation and Appraisal Report Special Topics Implementing TCEA-related Policy 2.4.10, which addresses the promotion of the mass transit and augmentation of the existing local transit system (Pam Tran), the CRA began trolley operations in July 2005. The two lines currently being run are the Cross Town route which runs from Ocean Avenue to Congress Avenue and the Ocean route which runs from Ocean Avenue to the City Oceanfront Park. Current ridership is approximately 5,968 passengers per month The CRA is planning to add a route for Federal Highway in fiscal year 06/07, Before the end of 2006, the City will commission a study to develop a detailed local transit plan. The plan will help to determine the future role of the trolley vis-a-vis the Pam Tran system. Since the adoption of the TCEA, a number of projects has been approved; none are yet completed. The program set up thresholds for residential and nonresidential - office, industrial, hotel and other - developments, subsequently adopted into the Comprehensive Plan. Additionally, the appropriate land use mix is addressed through the required ratio of residential units to 1,000 square feet of non-residential space. The number of units, non-residential square footage, total daily trips and total p.m. peak hour trips remain presently below the maximum levels. However, since only concurrency exception will allow many more redevelopment projects to be approved in TCEA locations, TCEA is achieving its purpose. Without TCEA, the downtown and the surrounding areas could not reached densities and intensities needed to create a truly urban environment. Both the City and the Palm Beach County have concluded that Boynton Beach TCEA is in compliance with the new requirements of 163.3180(5) F.S.. However, the formal response of the DCA has yet to be issued. If DCA deems it necessary, the City will re-evaluate and amend TCEA-related policies as a part of EAR-based amendments. The City of Boynton Beach operates under the Palm Beach County Traffic Performance Standards Ordinance; it does not have an additional concurrency ordinance addressing the level of service on its streets. The County's responsibility for countywide transportation concurrency is mandated through its Charter. All development orders require traffic study or a traffic statement to be reviewed for concurrency by County's Traffic Division staff. Therefore, there is a continuous monitoring of the LOS levels for the roadways impacted by development and redevelopment activities, and concurrency is granted in a meaningful and consistent manner between the county and the City, City of Boynton Beach December 5, 2006 5-16 Evaluation and Appraisal Report Special Topics The City's cooperation with the County has been very successful. Two "Special Transportation Areas" were established during the period under consideration: Transportation Concurrency Exception Area (TCEA) and Constrained Roadways at a Lower Level of Service (CRALLS), both in 2005. The City continues to coordinate with the County for improvements that are coincidental to specific projects, trying to secure county's funds and negotiating developer-funded improvements. The recent examples are developer-funded widening of Gateway Boulevard and a bridge on Old Boynton Road, for which county's money is sought. Staff reviewed the methodology and process of concurrency granting as well as other aspects of the cooperation with the County on transportation planning. After the consultation with the County's Traffic Division, it was concluded that the process works well and no changes are needed in concurrency responsibilities between the County and the City. City of Boynton Beach December 5, 2006 5-17 Evaluation and Appraisal Report Special Topics MAPA CITY OF BOYNTON BEACH FUTURE LAND USE MAP Use Categories LOW DENSITY RESIDENTIAL (LOR) Max. ..64 D.UJAcre MODERATE DENSITYRESlDENTlAL (MOOR) Max. 7.28 C.UJA MEDIUM DENSITY RESIDENTIAl (MEOR) MP. Sl.58 D.UJAcfe HIGH DENSITY RESIDENTlAL (HDR) Max. 10.8 D.UJAcnl SPeCIAl HIGH OEHSlTY RESlDENTlAL (SHOR) PUBLIC & PRIVATE GO\IERNMENTAUINSTlTUTlONAL (PPGI) MIXED USE CORE (MXC) MIXEO use SUBURBAN lMX8l 07-11-08 - N A o 7eOl,500 -- .... ...., .... - ....at...--... N/IJ 1" ,... MAPB CITY OF BOYNTON BEACH - VACANT PARCELS REMAINING DEVELOPABLE PARCELS OF 2 OR MORE ACRES . o 1,250 2,500 - - 5,000 N A "I . If ! , If I . I ! I v.c.... Realdentllll VIIe.nt Conlln.rel. Vacant Industrial 7,500 10,000 Fool RESIDENTIAL AND MIXED USE PROJECTS APPROVED ON SITES INTENDED FOR INDUSTRIAL USES MAPC I!! = l! GOLF Rll :; i Z III is Cl II ~"o PreviouS use: Industrtlll (Motorola) App_ proJect: m_ u.. .., ; : ! i i . ; i i i i i : ! I 3 .. z ~ 8 z N A e - - o 1,250 2,500 5,000 7,500 Feet 10,0J0 MAPD DEVELOPMENT AND REDEVELOPMENT ACTIVITY ALONG US 1 CORRIDOR . HTPOWXO lID .. 0 N . i I A .. ;:c I 2i . I , I I i I I , I I I i -~- GOLP IlD Vlctorta'. CI.Ht -(atora..) ...-.. . .....,J.. Legend c~ ~r.. hund.ry e Note: Marina Viii.... 500 e. Oc..n, The Promenade. Uptown Lofts, I!!..ulcle Lotte and Heritage Club .,. mixed ... projects. Unl... otherwl.. noted, .n ...malnlng projects .,. ....Id.nll... PraJech w.... approved betw.... 2000 .... MIIy 2001.. - - Feet 10,000 o 1,250 2.500 5,000 7,500 IX. OLD BUSINESS: A. Consideration of Neighborhood Improvement Grant to the Boynton Beach Faith Based CDC. 1""" ~~~<tY~T2~ eRA . East Side-West S'lde-Seas'lde ~naissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Consideration of a grant to the Boynton Beach Faith-Based Community Development Corp, to administer a Community Improvement Program in HOB. SUMMARY: The adopted Heart of Boynton Work Program includes a Community Improvement Grant, The Boynton Beach Faith Based CDC has submitted a request for funding of a program called "Operation Clean and Green Neighborhood" that proposes to involve the youth of the community in clearing up trash and debris in the neighborhood, The proposed program dovetails with the CRA's own clean-up efforts in the Heart of Boynton. If the Board approves the proposal, staffwill bring a contract between the CDC and the CRA to the December meeting, FISCAL IMPACT: $26,147 to come from Bond II proceeds, RECOMMENDATIONS: Approve the proposed Operation Clean and Green Neighborhood program and direct staff to create a contract with the Boynton Beach Faith Based Community Development Corp. for board review, -!kilm. --- Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeling\2006-November- 14th\Community Improvment Grant.doc Proposed Redevelopment Work Program for the Heart of Boynton Community Fiscal Year 2006/2007 Based on the recommendations of the Treasure Coast Regional Planning Councils HOB Feasibility Analysis, the adopted Heart of Boynton Community Redevelopment Plan, and Board direction, staff is bringing various initiatives forward to ensure that the Heart of Boynton will be redeveloped in the near future, reduce displacement of current residents by creating opportunities for workforce housing and encourage the growth ofIocally owned businesses, CRA Staff Project Recommendations The Feasibility Analysis recommends the following actions to redevelop the heart of Boynton: · Create successful catalyst projects to encourage further private sector investment. · Use incentives such as financial, density, etc, to spur investment. · Tie incentives to CRA goals of quality design and affordability, · To achieve realistic market pricing of $265,000 - $280,000, subsidies will be required, I, Provide gap funding to the developer of Ocean Breeze to make 100% of the project affordable. $1,200,000 2, Acquire property on behalf of the Boynton Beach Faith-Based CDC to develop a town home project that is 100% affordable (approximately 25 units) with sales prices approx, $250,000, $ 500,000 3, Acquire property on the west side of Seacrest adjacent to Phase I of Ocean Breeze and sell to the developer at a discount to create a whole block of development. $ 500,000 4, Homebuyers Assistance Program - $3,000,000 5, Residential Improvement Program - Limit to Heart of Boynton Neighborhood, up to $20,000 no match required. $ 400,000 6. Contract with CDC to Administer Residential Improvement Program $ 25,000 7, Cherry Hill purchases - 7 properties $1,000,000 8, Community Improvement Grant - Youth program to assist with the maintenance of the community, Youth will receive a stipend, $ 25,000 Page Two/Heart of Boynton Work Program 9, Urban Housing Infill Program-Single-family infill west of Sea crest . $1,800,000 TOTAL $8,450,000 "Operation Clean and Green Neighborhood" Proposed by The Boynton Beach Faith Based COC November 1, 2006 - The Boynton Beach Faith Based COC seeks $26,147 to implement a neighborhood clean-up program to be spear-headed by its Peacemakers youth program. The program would be managed by the Peacemakers manager assisted by the COC's Americorps member who serves as the COC's volunteer coordinator, Peacemakers Backaround Peacemaker's is a partnership between the COC and the Poinciana and Gala~ Elementary Schools, It is a before and after school program that works with 3rd - 5 graders referred to the program by their respective principals, Peacemakers' participants range in age from 8 to 11. Each year 20 children from each school, a total of 40, are enrolled in the program. Virtually all 40 are from the Heart of Boynton and surrounding neighborhoods. The COC has operated Peacemakers for the past two school years, Peacemaker's members have participated in Great American Clean-Ups, Thus, a CRA-sponsored clean-up program fits well into the missions and experience of the COC and the Peacemakers Program. Manaaement and Outreach Peacemakers will conduct two clean-ups per month - either the first and third Saturday of each month or the second and fourth Saturday of each month, We anticipate that each clean-up session will be 4 hours, approximately from 10:00 AM to 2:00 PM. In addition to the current Peacemakers participants former participants (now in middle school) will be invited to participate and neighborhood volunteers will be recruited through their respective Neighborhood Associations to perform clean-ups. Tarqet Area: Neighborhood clean-ups will be conducted in the Heart of Boynton. Supervision and Staffinq: A minimum of two adults will be present at all times to supervise the participants, Former Peacemakers participants who are now in the ih grade (about 12 years old) will also playa limited supervisory role. The Peacemakers Program Manager and the COC's Americorps member (who serves as our volunteer coordinator) will manage the program, The Americorps member has also served as the coordinator of our Handyman Program which uses volunteers for yard clean-up and minor home repair. We will hire two aides (one who will also serve as a driver) and seek volunteer adults (one or two per session) to help supervise clean-up efforts, Outreach: The clean-up program will be given an appropriate name, such as "Operation Clean and Green Neighborhood," approved by the participants, The name will be used to promote and publicize the program. Flyers will be developed and distributed to churches located in the Heart of Boynton and to neighborhood associations. News media will be kept informed of the program through media alerts. Rewards Rewards to youth participants will be in the form of gift cards, US savings bonds, and cash deposited to savings accounts, Youth will receive rewards based upon the number of hours they have worked each month, They will be paid the equivalent of $5.00 per hour. A big snack or light lunch will be provided as will beverages. In addition to the financial rewards, certificates will be given to the participants and a fun filled trip, to someplace such as Boomers, will be scheduled for the youth. Benefits The participants, CRA, and the neighborhood will benefit from "Operation Clean and Green Neighborhood." The major benefit to the neighborhood is obvious; a cleaner neighborhood that is more pleasant to reside and invest in, Additionally, the program will help to motivate residents to keep the neighborhood clean. The program would also motivate the youth participants to keep the neighborhood clean and will help to develop their sense of community, Additionally, the participants will benefit directly in terms of learning a strong work ethic. Measurable Results and Reportinq The CDC will report to the CRA on a quarterly basis. The report will include a tally of those items that are measured as well as a statement of which lots were cleaned. Before and after photos taken during the clean-ups will be included in the report, A summary of expenditures and sources of other funds or in-kind support will also be reported, The measurable outputs will be reported: . Number of other volunteers . Number of hours worked . Number of lots or properties cleaned and . Number of trash bags collected. Sign-in sheets will be kept for each clean-up session and other meetings that might be held. Communitv Partners and Supplies "Operation Clean and Green Neighborhood" will establish relationships with the convenience stores located in the Heart of Boynton for donations of ice and snacks. We are planning to seek donations from McDonalds, Subway, and other fast food restaurants in Boynton Beach for lunches, In addition we will seek to obtain clean-up supplies from Home Depot. For transportation the CDC will partner with Deliverance by Faith Church. Budqet Rewards for youth will be based upon participation in "Operation Clean and Green Neighborhood" and the recognition field trip is the largest budget item, comprising over half the budget. In sum, well over 59% of the funds are projected to be used to reward participating youth. The next largest category is personnel which include a project manager and two aides. Other adults involved in the program will be volunteers, All supplies, clean-up, refreshments and T-shirts will total $2,260. As indicated above, the COC will seek to obtain most supplies as donations from neighborhood partners. However, in order to assure that needs are met, supplies are included in the budget. The administrative fee is 10% of the budget and is l+1e least costly item except for transportation, BUDGET OPERATION CLEAN AND GREEN NEIGHBORHOOD Sixteen Clean-Ups 2006 - 2007 Item Price Cost Rewards: 40 children, 4 hours per Saturday $5.00 $12,800 Field Trip: 40 children, 3 adults, entrance plus food/drink $24,00 $1,032 Subtotal rewards $13,832 Proiect Manager: 20 hours per session $17.00 $5,440 Aides/drive, 4 hours per session, 2 adults $15.00 $1,920 Subtotal personnel $7,360 Supplies Snacks & beverage: 40 per clean-up session $2,00 $1,280 Clean-up supplies: $30/session $30,00 $480 T-shirts: 50 shirts $10,00 $500 Subtotal supplies $2,260 Transportation: $10/session van rental plus $0.50/mile $320 Subtotal activity expenses $23,772 Administrative fee $2,375 Total $26,147 ~~~CfY~T2~ eRA iIi East Side-West S'lde-Seas'lde Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 ! Consent Agenda i Old Business New Business Public Hearing Other SUBJECT: The Promenade Direct Incentive Funding Agreement (DIFA) SUMMARY: At the October 25,2006 CRA Board Meeting, staff was directed to redo a DIFA with the developer that incorporated some lesser than 16 units for affordable housing. Attached is a copy of the First Amendment to the Direct Incentive Funding Agreement with the Boynton Waterways Investments Associates, LLC to advertise in the Palm Beach Post once a week for a total of 90 days the availability of 5 (five) affordable housing units within the Promenade project. The advertisements are subject to CRA staff approval and copies will be provided for the CRA project file. Since the last meeting the developer has paid the $336,000 building permit fee to the City of Boynton Beach. Additionally, the developer and the CRA are working together on a lease agreement for the Relax Inn Site to serve as a staging area for the Promenade construction trailers. FISCAL IMPACT: generation. Approximately $6.0 million; depending on actual valuation of project TlF RECOMMENDATIONS: Staff recommends approval of the First Amendment to the Direct Incentive Funding Agreement with Boynton Waterways Investments Associates, LLC. J; Ci- C o,JYk ~right, Executive Directo T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\2006-November- 14th\Promenade.doc FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT THIS FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT (hereinafter "Amendment") is entered into as of this _ day of , 2006, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA"), with a business address of 9 I 5 South Federal Highway, Boynton Beach, Florida 33435; and BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as the "Developer" or "Boynton Waterways"), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310. RECITALS WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding Agreement with an effective date of April 25, 2005 (the "Agreement") concerning direct incentive funding for the project known as the Promenade; and WHEREAS, CRA and Developer desire to modify certain terms of the Agreement on the terms set forth herein as shown in redline and strike-through format. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Amendment and are incorporated herein. Section 2. Affordable Access Units. Section 5.1,1 of the Agreement is hereby amended to provide as follows: Based on the total Project residential condominium count of 318 condominium units as set forth in the Application, Developer agrees to set aside a minimum of five Si)[teeR (-Ui5) units designated as Affordable Access ~ Residential condominium units, each with a maximum purchase price not to exceed $266,866.00 affordable access price calculated based upon 120% of Palm Beach Countv Median Household Income for the vear of purchase contract execution, Sh81ild all. ameRdment to the Site PlaR be approved which modifies the Rtlmber of residential eORaomiRitlm t1Rits to be ae'.elopea ill. the Pmjeet, the RtlmSer of .'\ffordable .'\eeess ResideRtial eORd0miRitlm t1Rits '""ill be revised accoraingly based OR the criteria aHd reqtliremeRts set forth ill. the Direct IHeeRtive Program. Developer shall advertise such units by placement of a notice in the Palm Beach Post ("Post") commencing on or about November 15, 2006. once a week for a total of 90 days. The 90-day time period shall commence with the first date of publication of the notice in the Post. The CRA staff shall approve the form, content and size of the notice before it is submitted for publication to the Post. Section 3. Commencement of Construction, Section 4.1 of the Agreement is hereby amended to provide as follows: Developer shall apply for a building permit with the City no later than twelve (12) six (6) months from the date of the expiration of the extension previouslv granted bv the CRA Board (Julv 20. 2006). Thus. the new date for Developer to applv for a building permit with the City and pay for all necessary building permit application fees shall be January 20. 2006. origiHal allllro':al of the Site PlaH by the City CommissioH, i.e., HO later thaH t\',eh'e (12) mOHths fram hlly 20, 2001, The Develaller shall ha',e the right to extend the CommeHeemeHt Date by H(3 to t-.velve (12) mOHths OH a slIowiHg by De'ieloller to tlIe CR.,'\. tlIat tlIe De\'elaller has diligeHtly (3HTSued either ajllllyiHg for a buildiHg lleflHit, or eOHstruetioH start, that aHY delay is beyond the control of the Develoller aHa that the Develoller eOHtiHHes ta hold a valid aHd eurrent bHildillg llermit for the prejeet-isstied by the City, Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: (sections 4.1.1 and 4.1.2 remain the same). Section 4. Ratification of Agreement. The Agreement is hereby ratified by Purchaser and Seller, and, except as amended herein, shall continue in full force and effect in accordance with its original provisions. This Amendment is part of the Agreement; provided however that in the event that there are any inconsistencies between the terms and provisions of this Amendment and the remaining portions of the Agreement, the terms and provisions of this Amendment shall govern, control and prevai 1. Section 5. Entire Agreement. The Agreement as amended by this Amendment embodies the complete agreement between the parties with respect to the subject matter hereof. This Amendment may not be amended, supplemented or modified in whole or in part except by an instrument in writing singed by the parties. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above. BOYNTON WATER WAYS INVESTMENT ASSOCIA TES, LLC., a Florida limited liability company By: Its Managing Member, Panther Boynton, LLC, a Florida limited liability company By: Its Manger Witness Print Name Daniel Sirlin 2 Witness Date: Print Name BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Henderson Tillman, Chairperson Witness Print Name Date: Witness Print Name STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON WATER WAYS INVESTMENT ASSOCIATES, LLC" and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON W A TERW A YS INVESTMENTS ASSOCIATES, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of ,2006 My Commission Expires: Notary Public, State of Florida at Large 3 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of , 2006 My Commission Expires: Notary Public, Statc of Florida at Large !:\Client Doeumcnts\Boynton Beach CRA\24J9-006IMisc\FIRST AMENDMENT TO DIRECT INCENTIVE FUNDTNG AGREEMENT 1106G6,doc 4 ~~~" '~" ~~~<tY~T2~lCRA . East Side-West S'lde-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT , eRA BOARD MEETING OF: AGENDA ITEM: I Consent Agenda I X I Old Bnsiness New Business Public Hearing Other SUBJECT: Purchase Agreement with the Related Group for the commercial lot at Marina Village for execution per the letter of intent executed by the Board and the Related Group at the Board meeting of August 8, 2006. SUMMARY: The Agency wishes to complete the LOI with the execution of a purchase agreement to purchase a commercial lot, seventy (70) parking spaces within the Marina Village garage, and the fuel dispensing station for $3,570,000.00 FISCAL IMPACT: $1,570,000,00 will come from funds the Agency has on hand, with the balance of $2,000,000.00 to be paid in 48 monthly installments at the rate of5.0 %. The first year's debt service has be included in the FY 2006-2007 budget. RECOMMENDATIONS: Execute the purchase agreement -;( Lv~ Robert T. Reardon, Assistant Director Attorney Spillias not available to sign At the time of production of Board packet Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\CRA Agenda Request Form with Logo 2.doc PURCHASE AND SALE AGREEMENT THIS AGREEMENT ("Agreement") is made as of the _ day of ,2006, by and among TRG - BOYNTON BEACH, LTD., a Florida limited partnership ("Seller"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes ("Purchaser"). WITNESSETH: WHEREAS, Seller is the owner of (i) that certain real property located in Boynton Beach, Palm Beach County, Florida more particularly set forth on Exhibit "A-I" attached hereto (the "Real Property"), (ii) the Improvements, (iii) the Personal Property, (iv) the equipment, submerged fuel tanks and other assets more particularly set forth on Exhibit "A-2" attached hereto (collectively, the "Gas Pump Assets"), (v) the Easements, and (vi) the exclusive right to use the Parking Spaces (collectively, the "Property"), all located within that certain project commonly known as "Marina Village at Boynton Beach" in Palm Beach County (the "Project"); and WHEREAS, Seller desires to sell and transfer its interest in the Property and Purchaser desires to purchase such interest from Seller on the terms and conditions set forth below, NOW, THEREFORE, in consideration of the premises and the respective undertakings ofthe parties hereinafter set forth, it is hereby agreed: SECTION I. DEFINITIONS Whenever used in this Agreement, the words and phrases set forth below shall have the meanings set forth below or in an Exhibit or Schedule to this Agreement to which reference is made, unless the context clearly requires otherwise. I.] "Agreed Cure Items" shall have the meaning set forth in Section 7,1 herein below. 1.2 "Association" means Marina Village at Boynton Beach Master Association, Inc, 1,3 "Business Day" means a day that is not a Saturday, Sunday or a day commercial banks in Florida are permitted or required to be closed. ] .4 "Closing" means the closing at which Seller conveys title to the Property to Purchaser and Purchaser pays Seller the Purchase Price described in Section 2.] herein below. 1.5 "Closing Date" shall have the meaning set forth in Section 10.1 below. 1.6 "Contracts" shall have the meaning set forth in Section 3.4 below. MIA 179470881v2 11/8/2006 1 1.7 "Due Diligence Items" shall have the meaning set forth in Section 5.4 below. 1.8 "Disclosure Schedule" shall have the meaning set forth in Section 3,3 below, .' 1,9 "Earnest Money" means the Initial Earnest Money Deposit and, if made, the Second Earnest Money Deposit, together with any interest thereon as further defined in Section 2 below, 1.10 "Easements" means those certain easements appurtenant to the Property as more particularly set forth in the Master Covenants. 1.11 "Effective Date" means the date when the last one of the Purchaser and Seller has signed this Agreement and a copy of such signed Agreement is provided to the parties, 1.12 "Escrow Agent" means Greenberg Traurig P.A" having an address at 1221 Brickell Avenue, Miami, Florida 33131. 1,13 "Escrow Agreement" means the escrow provisions contained in the Joinder to this Agreement, as such Joinder may be amended by written instrument executed by Seller, Purchaser and Escrow Agent. 1.14 "Excluded Property" means the Seller's corporate books and financial and employment records with respect to the Property. 1.15 Intentionally Omitted. 1,16 Intentionally Omitted. 1 .17 "Improvements" means all buildings, structures, fixtures and other improvements now or hereafter located or erected on the Real Property, 1.18 "Initial Earnest Money Deposit" shall have the meaning set forth in Section 2,2 below. 1.19 "Inventory" means all tangible personal property owned by Seller and used exclusively for the Property, to the extent located on the Property at Closing, but specifically excluding the Excluded Property, 1,20 "Marina Association" means Marina Village at Boynton Beach Marina Condominium Association, a Florida not-for-profit corporation, 1.21 "Master Covenants" means that certain Declaration of Covenants, Restrictions and Easements for the Marina Viilage at Boynton Beach recorded September 15, 2004 in Official Records Book 1 7511, Page 564 in the Public Records of Palm Beach County, Florida, as amended, The Master Covenants shall be deemed to be one of the "Permitted MIA 179470881v211/8/2006 2 Exceptions", Prior to Closing, Seller shall have the right to (i) submit the Property to the Master Covenants, and (ii) otherwise amend the Master Covenants in a manner which does not materially and adversely affect the Property. ] .22 "Material" means with respect to a casualty; loss that will require more than $500,000.00 to repair. 1.23 "Parking Spaces" means 70 parking spaces as more specifically depicted on Exhibit "A-3" attached hereto, 1.24 "Permits" means all rights and permits applicable solely to the use and operation of the Property to the extent transferable. 1.25 "Permitted Activities" shall have the meaning set forth in Section 6.1 below, 1.26 "Permitted Exceptions" means ad valorem property taxes on the Property for the year of the Closing (which shall be prorated as of Closing in accordance with Section 1 0,5 below), any other matters as set forth on any title commitment or survey which are not objected to by Purchaser within the time period as set forth in Section 7 below, or which are otherwise waived as objections by Purchaser. ] ,27 "Personal Property" means the Inventory, Permits, plans, surveys and warranties with respect to the Property, each to the extent assignable, ].28 "Project" shall have the meaning set forth in the recitals to this Agreement. ] .29 "Property" shall have the meaning set forth in the recitals to this Agreement. 1,30 "Purchase Price" shall have the meaning set forth in Section 2.2 below. The Purchase price will be allocated in accordance with Schedule 1.30 attached hereto. 1.31 "Real Property" shall have the meaning set forth in the recitals to this Agreement. 1.32 "Second Earnest Money Deposit" shall have the meaning set forth in Section 2.3 below. ] .33 "Title Commitment" means a commitment from the Title Company to issue an Owner's AL T A Form B Marketability Policy effective as of Closing insuring the Real Property and the Easements. ].34 "Title Company" means a national title company selected by Purchaser. SECTION 2. EARNEST MONEY; AGREEMENT TO SELL AND PURCHASE. MIA 179470BB1v2 II/B/2006 3 2.1 Purchase and Sale. On the Closing Date, Seller agrees to sell, and Purchaser agrees to Purchase, the Property for a Purchase Price to be paid by Purchaser to Seller (the "Purchase Price") of Three Million Five Hundred Seventy Thousand and No/100 Dollars ($3,570,000.00), which shall be payable as follows: (a) $2,000,000, by Purchaser's execution and delivery of a purchase money note at Closing, as more particularly described in Section 2.4 of this Agreement. (b) $1,570,000.00, in current funds (which includes the Initial Earnest Money Deposit and Second Earnest Money Deposit held by Escrow Agent) at Closing, subject to prorations and adjustments as hereinafter provided, to be paid by wire transfer of Federal funds, 2,2 Initial Earnest Monev Deposit. Prior to the Effective Date of this Agreement, Purchaser deposited the sum of One Hundred Thousand and No/100 Dollars ($100,000) with the Escrow Agent (the "Initial Earnest Money Deposit"). 2.3 Second Earnest Monev Deoosit. On the Effective Date of this Agreement, Purchaser shall deposit an additional Four Hundred Thousand Dollars ($400,000.00) with the Escrow Agent (the "Second Earnest Money Deposit"). Upon receipt of an executed W-9, the Escrow Agent shall deposit the Earnest Money in an interest- bearing account in accordance with the Joinder Agreement attached hereto and incorporated herein by reference. Upon payment of the Second Earnest Money Deposit, the Earnest Money shall become "at risk" and non-refundable except (i) in the event of a breach by the Seller, (ii) if Purchaser tenninates this Agreement pursuant to a failure of a condition to Closing as set forth in Section 8 hereof, or (iii) as otherwise specifically provided in this Agreement. 2.4 Purchase Monev Note. At Closing, Purchaser shall execute in favor of Seller a promissory note (the "Promissory Note") in the principal amount equal to $2,000,000.00. The Promissory Note shall bear interest commencing upon the Closing Date at the rate of five percent (5%) per annum, and payable as provided in the Promissory Note. The Promissory Note shall be secured and perfected by a mortgage and security agreement pursuant to which the Purchaser grants to Seller a first lien against all of Purchaser's right, title and interest in and to the Property (the "Mortgage") and all required UCC financing statements. The Promissory Note and the Mortgage shall be drawn in the fonn attached hereto as Composite Exhibit "B". 2.5 Disbursement of Funds at Closing. On the Closing Date, as defined herein, Seller shall receive the Earnest Money, together with interest thereon, and Purchaser shall pay the balance of the Purchase Price (plus or minus any adjustments or prorations, including credit for the Earnest Money), by wire transfer of cleared U.S. funds. SECTION 3. REPRESENTATIONS AND WARRANTIES BY SELLER. MIA 179470881v211/8/2006 4 3.1 Due Organization. Seller is a duly organized and validly existing limited partnership, under the laws of the State of Florida and has full power and authority, and is duly authorized to execute, enter into, deliver and perfonn this Agreeme,ilt and its obligations hereunder. 3.2 Power. This Agreement and all other agreements, instruments and documents required to be executed or delivered by Seller pursuant hereto have been or (if and when executed) will be duly executed and delivered by Seller, and are or will be legal, valid and binding obligations of such Seller, enforceable against Seller in accordance with their terms. 3.3 Condemnation, Seller has not received written notice, nor does Seller have any actual knowledge, of any pending or threatened condemnation proceedings with respect to the Property. 3.4 Hazardous Substances. Except as may be disclosed in the environmental reports provided to Purchaser, Seller has not received written notice, nor does Seller have any knowledge of: (i) any Hazardous Substance (as hereinafter defined) present on the Lots, (ii) any present or past generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substance on the Property, or (iii) any failure to comply with any applicable local, state or federal environmental laws, regulations, ordinances or administrative or judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substance. As used herein, the term "Hazardous Substance" means any substance or material defined or designated as a hazardous or toxic waste material or substance, or other similar term by any federal, state or local environmental statute, regulation or ordinance presently or hereinafter in effect, as such statute, regulation or ordinance may be amended from time to time. 3.5 Contracts. Attached hereto as Exhibit "C" is a list of all contracts or agreements which are, to Seller's knowledge, currently in effect regarding the Property (which contracts and agreements are collectively referred to as the "Contracts"), None of the Contracts will (a) affect the Property following the Closing, or (b) be assigned to Purchaser at Closing, 3.6 Not a Foreign Person. Seller is not a foreign person within the meaning of Foreign Investment in Real Property Tax Act, as amended. 3.7 Propertv, The Personal Property, ifany, and other portions of the Property delivered to Purchaser at Closing will be free and clear of any and all liens and/or encumbrances, other than the Permitted Exceptions. 3.8 Limitations on Representations and Warranties. Except for the representations and warranties set forth in Sections 3. I and 3.2 which shall survive the Closing MIA 179470881v2 11/8/2006 5 indefinitely, the representations and warranties of Seller in this Agreement shall survive the Closing for a period of one (1) year following the Closing; and Seller shall have no liability thereafter with respect to such representations and warranties except to the extent Purchaser has filed legal action against Seller during such one year period for breach of any representation or warranty, If Purchaser has actual knowledge at Closing that any of Seller's representations or warranties in this Agreement are not true as of the Closing Date and Purchaser elects nonetheless to close, Purchaser shall be deemed to have waived any claim for breach of such representation or warranty, 3.9 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OR, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITY AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABIT ABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS OR (I) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY; AND PURCHASER HEREBY WAIVES ANY RIGHT TO MAKE ANY CLAIM BASED ON ANY OF THE FOREGOING INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO MAKE ANY CLAIM AGAINST SELLER BASED ON THE VIOLATION OF ANY ENVIRONMENTAL LAWS. ADDITIONALLY AND EXCEPT AS OTHERWISE SET FORTH HEREIN, NO PERSON ACTING ON BEHALF OF SELLER IS AUTHORIZED TO MAKE, AND BY EXECUTION HEREOF PURCHASER ACKNOWLEDGES THAT NO PERSON HAS MADE, ANY REPRESENTATION, AGREEMENT, STA TEMENT, WARRANTY, GUARANTY OR PROMISE REGARDING THE PROPERTY OR THE TRANSACTION CONTEMPLATED HEREIN; AND EXCEPT AS SET FORTH IN THIS AGREEMENT OR IN THE DOCUMENTS DELIVERED AT CLOSING NO SUCH REPRESENTATION, WARRANTY, AGREEMENT, MIA 179470881v2 11/8/2006 6 GUARANTY, STATEMENT OR PROMISE IF ANY, MADE BY ANY PERSON ACTING ON BEHALF OF SELLER SHALL BE VALID OR BINDING UPON SELLER UNLESS EXPRESSLY SET FORTH HEREIN, PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY ON ITS OWN INVESTIGA TION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE DOCUMENTS DELIVERED AT CLOSING, AND AGREES TO ACCEPT THE PROPERTY AT THE CLOSING AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST SELLER (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATING TO THE PROPERTY OR TO ANY HAZARDOUS MATERIALS ON THE PROPERTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY, TRUTHFULNESS OR COMPLETENESS OF SUCH INFORMATION EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERT AlNING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, CONTRACTOR, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE DOCUMENTS DELIVERED AT CLOSING, PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS-IS WHERE-IS" CONDITION AND BASIS WITH ALL FAULTS. THE PROVISIONS OF THIS SUBSECTION SHALL SURVIVE THE CLOSING OR ANY TERMINATION HEREOF. SECTION 4. REPRESENTATIONS AND WARRANTIES OF PURCHASER. 4,1 Due Organization. Purchaser has full corporate power and authority, and is duly authorized to execute, enter into, deliver and perform this Agreement and its obligations hereunder. 4,2 Power. This Agreement and all other agreements, instruments and documents required to be executed or delivered by Purchaser pursuant hereto have been or (if and when executed) will be duly executed and delivered by Purchaser, and are or will be legal, valid and binding obligations of Purchaser, enforceable against Purchaser in accordance with their terms, MIA 179470881v2 11/8/2006 7 4.3 No Proceedings. Purchaser has not received any written notice nor does it have any actual knowledge that there is currently pending any proceedings, legal, equitable or otherwise, against Purchaser that would affect is ability to perform its obligations hereunder. All representations and warranties of Purchaser in Sections 4.1 and 4.2 shall survive the Closing indefinitely and the representations and warranties of Purchaser in Section 4.3 shall survive the Closing for a period of one (I) year. SECTION S. OPERATION OF THE PROPERTY PRIOR TO CLOSING. Seller shall do all of the following, from and after the date hereof and prior to the Closing: 5.1 Phvsical Condition. Except as otherwise provided herein, and subject to normal wear and tear and casualty, maintain the Property in the same manner as it is currently being maintained. 5.2 No Alterations. Without the prior written consent of Purchaser (except in the case of emergencies or as required by law), which consent shall not be unreasonably withheld, not make or obligate itself to make, any material alterations or modifications to the Property. 5.3 Due Diligence Items. Deliver to Purchaser, or make available to Purchaser at the Property, copies of the items described in Exhibit "0", and upon the reasonable request of Purchaser, such other documents to the extent they exist and are in the possession or control of Seller or its agents and to the extent they have not been previously delivered to Purchaser or its agents (collectively, the "Due Diligence Items"). SECTION 6. ACCESS TO THE PROPERTY. Seller hereby grants to Purchaser the right to enter onto the Property for the purpose of inspecting the Property at Purchaser's sole cost and expense on the following terms and conditions: 6.1 Permitted Activities. Seller will provide to Purchaser, its contractors, agents, employees and assigns upon no less than twenty-four hours advance notice to Seller (which notice may be delivered by facsimile transmission or telephonically), full access to the Property during reasonable business hours to conduct and perform such studies and investigations as Purchaser deems necessary or appropriate, including, but not limited to, the following (the "Permitted Activities"): (A) review of the Due Diligence Items; (8) review governmental laws and regulations, including, but not limited to, zoning, land use, federal and state permitting, environmental, species habitat, building and construction codes, applicable or which affect the Property and MIA 179470881v211/8/2006 8 governmental approvals required or obtained in connection with the use and operation of the Property; (C) review the environmental conditions of the Property, including conducting a Phase I environmental site assessment; (D) examine and inspect the Property; (E) make surveys, perform soil borings, engineering tests and other tests regarding the physical condition of the Property; provided, however, that Seller's prior written consent, which may be withheld in its sole discretion, shall be needed prior to any invasive testing being perfonned on the Property; (F) review any and all matters relating to the Property which Purchaser wishes to review; and (G) contact third parties, including governmental authorities, in connection with its due diligence investigation. 6.2 [Intentionally omitted]. 6.3 Seller Representative. Seller and its agents, employees or designated representatives shall have the right to accompany Purchaser and its authorized representatives during any inspections, testing or other activity performed at the Property, provided Seller or its representatives do not unreasonably interfere with the conduct of any inspections or testing permitted under this Agreement. 6.4 Purchaser's Expense. Purchaser shall pay for all work and inspections performed on or in connection with the Property on Purchaser's behalf, and Purchaser shall not pennit the creation of any lien on the Property in favor of any contractor, materialmen, mechanic, surveyor, architect or laborer as a result of Purchaser's inspections. In addition, Purchaser and its representatives shall take reasonable precautions so that its inspections shall cause minimum disruption to any occupants or tenants of the balance of the Project, all other parties in possession and Seller's employees, contractors or agents that may be located at the Property. Purchaser shall promptly repair any damage to the Property resulting from any such inspections and/or tests conducted at or to the Property and replace and refill any portion of the Property used for such inspection or tests so that the Property shall be in substantially the same condition that it existed in immediately prior to such inspection and tests. The provisions of this Section 6.4 shall survive the Closing or earlier termination of this Agreement. 6.5 Copies to Seller. Should Purchaser fail to close on the Property, Purchaser shall fumish to Seller, at no cost or expense to Seller, copies of all surveys, soil test results, engineering studies and environmental studies and reports which Purchaser or its MIA 179470881v2 11/8/2006 9 authorized representatives shall obtain with respect to the Property promptly after Purchaser's or its authorized representative's receipt of same. The provisions of this Section 6.5 shall survive the Closing or earlier termination of this Agreement. 6.6 Limitations. Purchaser's entry rights are specifically limited to the Permitted Activities and to the Property and shall not include any other activities on the Property, without obtaining Seller's reasonable approval, all governmental approvals and any approvals required under the Master Covenants. 6.7 Compliance with Law. Purchaser agrees to comply with all local, state and federal laws, rules and ordinances applicable to the Permitted Activities. 6.8 Indemnity. Purchaser shall indemnify, defend and hold harmless Seller, its employees, agents or contractors, from all claims, actions, damages, liability and expense, including without limitation reasonable attorney's fees and costs at trial and all appellate levels, in connection with personal injury or Property damage arising out of the acts or omissions of Purchaser, its employees, agents or contractors, including without limitation the Permitted Activities, upon the Property or any other portion of the Property surrounding the Property. Purchaser's indemnification obligations shall not exceed its statutory limits as provided in Section 768.28, Florida Statutes, and Purchaser does not waive its sovereign immunity rights. 6.9 Required Insurances. Purchaser shall maintain, and shall have its agents, contractors and subcontractors maintain, adequate insurance coverage as approved in advance by Seller in the amount of at least $1 million and naming Seller as additional insured. Purchaser shall deliver to Seller a certificate of insurance evidencing such coverage prior to commencement of the Permitted Activities, stating that such coverage may not be terminated without less than thirty days' notice to Seller. 6.10 Intentionallv Omitted. SECTION 7. EVIDENCE OF TITLE Prior to execution of this Agreement, Purchaser has ordered a Title Commitment and survey (or shall review the surveys delivered by Seller). 7.1 Title Objections. If the Title Commitment or survey reveals any bona fide objectionable defect or encumbrance to which Purchaser objects ("Title Objections"), Purchaser must give notice of any such objectionable item within fifteen (15) days following the Effective Date. Failure of Purchaser to give Seller such timely notification shall operate as a waiver of such objectionable item and acceptance by Purchaser of same, other than with respect to the Agreed Cure Items (as hereinafter defined). Seller shall notifY Purchaser in writing five (5) days after Seller's receipt of the Title Objections of which Title Objections it will use its good faith efforts to cause to be cured at or prior to Closing. Seller's failure to give a notice to Purchaser as to any Title Objections shall constitute Seller's notice that it shall not MIA 179470881v211/8/2006 10 undertake to cure such Title Objection prior to Closing. If Seller does not agree to use its good faith efforts to cure the Title Objections, Purchaser shall have the right either to terminate this Agreement by delivering to Seller a Notice to Terminate on or before the Closing Date and receive a refund of the Earnest Money Deposit or accepting title to the Property subject to the Title Objections other than the Agreed Cure Items. Should Seller elect to use its good faith efforts to cure any Title Objections, Seller shall have the option, at Seller's sole discretion, to extend the Closing Date hereunder up forty five (45) days in order to effectuate such cure. Ifsuch matterremains uncured after such forty five (45) day period, Purchaser may elect to terminate this Agreement and receive a refund of the Eames! Money Deposit. Notwithstanding anything to the contrary contained herein, in no event shall Seller be obligated to file a lawsuit or expend any money in order to cure such Title Objections or Additional Title Objections (as hereinafter defined). Further, notwithstanding anything to the contrary contained herein, Seller agrees to, on or before Closing (i) provide Purchaser with a "gap" affidavit, a mechanics' lien affidavit and an exclusive possession affidavit, in a customary and reasonable form sufficient for the Title Company to delete the applicable pre- printed exceptions, (ii) remove (x) by payment, all mortgages encumbering the Property, and (y) by bonding or payment, all additional voluntary liens capable of removal by the payment of money or posing of a bond, (iii) provide Purchaser with evidence of payment of taxes and assessments which are then due and payable (which may be paid as part of the Closing), and (iv) provide Purchaser with evidence of Seller's authority and good standing (collectively, the "Agreed Cure Items"). 7.2 Additional Title Defects. Ifany additional defects or encumbrance shall arise within the time between the effective date of the Title Commitment and the Closing Date ("Additional Title Objections"), Purchaser shall notifY Seller of same within five (5) days of discovery or five (5) days prior to the Closing Date, whichever is earlier. Seller shall have the right to either use its good faith efforts to cure such defect or encumbrance and to extend the Closing Date hereunder an additional forty-five (45) days, if necessary, in order to use its good faith efforts to cure such Additional Title Objections or give written notice to Purchaser that it does not intend to cure such Additional Title Objections; provided, however, that Seller shall be required to give the Agreed Curc Items. If Seller elects not to cure any Additional Title Objections, Purchaser shall have the right within five (5) days after receipt of notice of Seller's election not to cure, to elect either to waive the Additional Title Objections in which case such matters shall be deemed Permitted Exceptions or terminate this Agreement and obtain a refund of the Earnest Money. Upon such termination, neither party shall have any further obligation hereunder except for any agreements herein that expressly survive termination of this Agreement. SECTION 8. Conditions of Closing. The parties' obligations to perform their undertakings provided in this Agreement are each conditioned on the fulfillment of each of the following which is a condition to such party's obligation to perform hereunder (subject to such party's written waiver in strict accordance with Section] ] below): MfA 179470881v2 11/8/2006 11 8. I Performance. As a condition to each party's obligation to perform hereunder, the due performance by the other of all undertakings and agreements to be performed by the other hereunder and the truth in all material respects of each representation and warranty as set forth herein made pursuant to this Agreement by the other at the Closing Date ,except for such changes as are permitted under the terms of this Agreement. 8.2 Risk of Loss. As a condition to Purchaser's obligation to perform hereunder (and not as a default), there shall have not occurred between the Effective Date and the Closing Date, inclusive, destruction of or damage or loss to the Property which is Material (wheth.er or not covered by insurance proceeds). Seller shall promptly notifY Purchaser of such damage and provide Purchaser with evidence reasonably satisfactory to Purchaser of insurance covering such loss or a statement that such loss it not covered by insurance, and Purchaser shall have ten (10) days after receipt of such notice and information as to insurance coverage with respect thereto in which to elect to terminate this Agreement and receive a refund of the Earnest Money. Upon such termination, neither party shall have any further obligation hereunder except for any agreements herein that expressly survive termination of this Agreement. If Purchaser does not elect to terminate this Agreement within such period or if the damage to the Property is not Material, the parties shall proceed with the Closing in which case Seller shall assign to Purchaser any claims for proceeds from the insurance policies covering such destruction or damage (except for any money previously expended by Seller to repair such damage), there shall be no adjustment in the Purchase Price, except for a credit for any deductible, and Seller shall have no obligation to repair such damage. 8.3 Condemnation. As a condition to Purchaser's obligation to perform hereunder (and not as a default), there shall have not occurred at any time or times on or before the Closing Date any taking or threatened taking of the Property or any part thereof, or that would materially and adversely limit or restrict access to the Property by condemnation, eminent domain or similar proceedings; provided, however, Purchaser may elect to waive such condition in which case Seller shall assign to Purchaser at Closing all of Seller's right, title and interest in and to any proceeds resulting from any such proceeding solely as to the Property. Seller shall promptly notify Purchaser of such condemnation or similar proceeding, and Purchaser shall have ten (10) Business Days after receipt of such notice in which to elect to terminate this Agreement and receive a refund ofthe Earnest Money. Upon such termination, neither party shall have any further obligation hereunder except for any agreements that survive termination of this Agreement. SECTION 9. Association; Disclosures; Passive Park; Dockmaster's Office; Architectural Desil!ns; Sil!nal!e: Gas Pumps. 9. I Association. By purchasing the Property, the Purchaser will automatically become a member of the Association. The Purchaser acknowledges that the Property is subject to the rules and regulations imposed from time to time by the Association and the terms and conditions of the Master Covenants, including without limitation, the obligation to pay monthly assessments to the Association. However, Purchaser and Seller agree to use their best efforts to reduce the monthly assessments which are attributable to the Property. The MfA 179470881v211/8/2006 12 Purchaser further acknowledges that prior to Closing, to the extent the Property has not previously been brought under the Master Covenants, a Supplemental Declaration of Covenants, Restrictions and Easements for The Marina Village at Boynton Beach shall be recorded in the Public Records of Palm Beach County, Florida submitting the Rroperty to the Master Covenants. 9.2 Disclosure. (a) THE PURCHASER SHALL NOT EXECUTE THIS AGREEMENT UNTIL THEY HA VE RECEIVED AND READ THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401. (b) By execution ofthis Agreement, the Purchaser acknowledges that it has received and read that certain Disclosure Summary for Marina Village at Boynton Beach (the "Association Disclosure Summary"), an executed copy of which is attached hereto as Exhibit "E". (c) IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY PURCHASER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILlTY RIGHT HAS NO EFFECT. PURCHASER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. 9.3 Passive Park. The Purchaser acknowledges and agrees that, subject to the exceptions set forth herein, from and after the Closing (a) the Real Property shall only be pennitted to be used as a passive public park and that Purchaser shall not install any barbeques within such passive public park (the "Use Restriction"). Furthermore, Purchaser agrees to install signs which Seller shall have the right to approve, indicating that portable barbeques and related cooking devices shall not be used at the park. However, Seller agrees that construction of the Dockmaster's Office (as set forth in Section 9.4 herein) for the Association and the Two Georges Marina (which is owned by Purchaser) and the associated fueling station will require encroachment into the Real Property. The Purchaser further acknowledges and agrees that the Use Restriction shall be contained within the Deed (as hereinafter defined). 9.4 Dockmaster's Office. Purchaser acknowledges and agrees that, subject to all applicable MfA 179470881v2 11/8/2006 13 land use regulations and restrictions, it shall use its best efforts to deliver to Seller within twenty-four (24) months following the Closing, at Purchaser's sole cost and expense, 2 1 I square feet offinished but unfurnished office space, including electricity, HV AC and water connections, upon the Property for the sole use by the Association or the shared use with the Two Georges Marina or such third party operator as is hired by the Association or Purchaser as office space to run the marina located within the Project and possibly the Two Georges Marina (the "Dockmaster's Office"). The Association (or the third party operator) shall not be required to pay any rental to the Purchaser for the use of the Dockmaster's Office; provided, however, that the Association (or the third party operator) shall be required to reimburse the Purchaser for its allocable share, based on square footage, of the cost for its use of electricity and water. The Purchaser acknowledges and agrees that the Purchaser's obligations with respect to the Dockmaster's Office (the "Restrictive Covenant") shall be contained within the Deed. 9.5 Architectural Design; Signage. Notwithstanding anything to the contrary contained in the Master Covenants, for a period of two (2) years following the Closing Date, Seller shall have the right to approve the architectural design of any buildings to be built upon the Property and any signage to be placed upon the Property, which approval shall not be unreasonably withheld. Seller hereby designates as the contact person for Purchaser to seek such approval. Seller shall notify Purchaser in writing within twenty (20) days following its receipt of Purchasers plans and drawings whether Seller approves or disapproves of the plans and/or drawing (and shall state the basis for disapproval) or needs further information. Should Seller not properly respond to Purchaser with such twenty (20) days period, approval shall be deemed to be granted. Any approval by Seller shall be conditioned on Purchaser's plans and drawings being approved by any county or municipal jurisdiction appropriate for the issuance of building permits. 9.6 Compliance with Rules and Laws. After Closing, Purchaser agrees to comply with all federal, state and local laws, rules, orders, requirements and restrictions, including (a) any which may be imposed by the Permits, and (b) any which may be required in order to comply with the Use Restriction, in connection with its use and operation of the Property. 9.7 Gas Pumps. Seller has advised Purchaser that pursuant to a requirement of the United States Army Corps of Engineers (the "Army Corps"), a portion of the Gas Pump Assets has been relocated along the bulkhead adjacent to the Real Property (the "Bulkhead"). From and after the date hereof, Seller shall use its best efforts to deliver to Purchaser a permit or other written authorization from the United States Anny Corps of Engineers certifying that the relocation requirement has been satisfied (the "Army Corps Permit"). In the event the Seller is unable to provide the Army Corps Permit to Purchaser on or before Closing, such failure shall not constitute a default or failure of a condition hereunder and Purchaser shall not have the right to extend the Closing Date as a result of such failure. In the event the Seller is unable to provide the Army Corps Permit to Purchaser on or before the Closing Date, Seller shall remain obligated to obtain the Army Corps Permit after Closing. The provisions of this Section 9 shall survive Closing. MIA 179470881v211/8/2006 14 SECTION 10. Closing. 10.] Date. Time and Place. The Closing hereunder shall take place thirty (30) days following the Effective Date (the "Closing Date"), or such earlier date as is agreed to in writing by the parties; provided however, that Purchaser shall use its best efforts to obtain and review the Title Commitment as soon as possible and to facilitate Closing on an earlier date. Closing will occur by mail if requested by either party or at the office of Purchaser's attomey, Lewis, Longman & Walker, P.A., who will act as closing agent and issue title, provided such office is in Miami-Dade, Broward or Palm Beach County, Florida. 10.2 Actions. At the Closing, Seller shall convey the Property and deliver the other Closing documents to Purchaser; and Purchaser shall deliver the Note and Mortgage to Seller and pay to Seller the Purchase Price, plus or minus prorations as set forth herein and minus the Earnest Money paid to Seller at Closing. The Closing shall occur through an escrow, with the Escrow Agent. Seller shall convey, and Purchaser shall receive, full possession of the Property at Closing, subject only to (i) Permitted Exceptions, (ii) real estate and personal property taxes not yet due and payable, and (iii) all applicable federal, state and local laws, ordinances and regulations, including without limitation, any zoning ordinances and regulations imposed by any governmental or quasi-governmental authority. 10.3 Seller's Deliveries. At the Closing, Purchaser shall receive each of the following in the form and substance reasonably satisfactory to Purchaser, all of which shall have been deposited by Seller in escrow with the Title Company at least one (1) Business Day prior to the Closing Date: (b) (c) (d) (e) MIA 179470881v211/8/2006 (a) a Special Warranty Deed executed and acknowledged by the Seller, conveying the Real Property, subject only to the Permitted Exceptions and containing the Use Restriction, the Reverter and the Restrictive Covenant and in the form attached hereto as Exhibit "F" (the "Deed"); a Bill of Sale executed by Seller, conveying the Improvements and Personal Property, if any, and the Gas Pump Assets; an Assignment of Right to Use the Parking Spaces in the form attached hereto as Exhibit "G" (the "Parking Assignment"); A closing statement setting forth all prorations and credits required hereunder (the "Closing Statement"); an affidavit from Seller that it is not a "foreign person" or subject to withholding requirements under the Foreign Investment in Real Property Tax Act of 1980, as amended; 15 (f) the original of the licenses and permits, plans and specifications, operating manuals and guaranties and warranties with respect to the Property to the extent they are in the possession of Seller or its agents, provided, however, Seller shall have access to such items after Closing to the extent reasonably necessary for Seller; (g) such evidence as Purchaser or the Title Company may reasonably require as to the due authorization, execution and delivery by Seller of this Agreement and the documents required to be executed b.y Seller hereunder; (h) the Agreed Cure Items and such additional affidavits as may be reasonably required by the Title Company; (i) all other documents Seller is reasonably required to deliver to consummate the transaction pursuant to the provisions of this Agreement provided such other documents do not increase Seller's obligations hereunder. Seller shall provide Purchaser with drafts of each of the above referenced documents for Purchaser's reasonable review and approval prior to Closing. If the above referenced documents are not provided to the Title Company as required by this Section 10.3, Purchaser reserves the right to extend the Closing Date until one (I) Business Day following Seller's delivery of such documents. 10.4 Purchaser's Deliveries. At the Closing, Seller shall have received each of the following, in form and substance reasonably satisfactory to Seller, all of which documents shall have been deposited by Purchaser in escrow with the Title Company at least one (l) Business Day prior to the Closing Date: (a) payment of the Purchase Price, plus or minus prorations, and less the Earnest Money paid to Seller; (b) the Promissory Note, the Mortgage and any UCC-I Financing Statements required by Seller in connection with the Mortgage; (c) the Parking Assignment; (d) payment of a working capital contribution equal to two (2) months of assessments, as well as assessments for the month of Closing (which shall be prorated) and the month immediately succeeding Closing, all of which shall be made payable to the Association; (e) the Closing Statement; MIA 179470881v211/8/2006 16 (f) such evidence as Seller or the Title Company may reasonably require as to the due authorization, execution and delivery by Purchaser of this Agreement and the documents required to be executed by Purchaser hereunder, including without limitation, the Promissory Note and the Mortgage; (g) at Purchaser's expense, a simultaneous mortgagee title insurance policy in the amount of $2,000,000.00 in favor of Seller as the mortgagee under the Mortgage, which policy shall be reasonably acceptable to Seller; and (h) all other documents Purchaser is reasonably required to deliver to consuml.nate the transaction pursuant to the provisions of this Agreement provided such other documents do not increase Purchaser's obligations hereunder. ] 0.5 Prorations. The Purchase Price for the Property shall be subject to prorations and credits as follows to be determined as of] 2:0 I a.m. on the Closing Date, the Closing Date being a day of income and expense to Purchaser, with all prorations being based on the actual number of days in the year, provided, however, if Seller's bank does not receive the Purchase Price by 2:00 p.m. its time on the Closing Date, the prorations shall be determined as of ]2:01 a.m. on the first Business Day following the Closing Date: (a) Real estate and personal property taxes due and payable with respect to the Property in the year in which the Closing occurs (regardless of when such taxes accrue) shall be prorated based on the prior years taxes and the taxes shall be re-prorated when the tax bill for the year of Closing is received and the actual taxes are known so long as any such request for re-proration must be made by December 3 I" of the year of Closing; provided, however, that in the event the Property does not have its own folio (separate from the remainder of the Project), the tax proration shall be calculated based on Seller's estimate of Purchaser's share and the taxes shall be re-prorated when the tax bill solely for the Property for the year of Closing is received and the actual taxes are known. The provisions of this Section shall survive Closing. (b) All utilities payable by Seller, including, without limitation, water, electricity, fire alarm, shall be prorated as of the Closing Date. Seller shall use reasonable efforts to cause the meters, if any, for utilities to be read on the day on which the Closing Date occurs and to pay the bills rendered on the basis of such readings. If any such meter reading for any utility is not available, then adjustment therefore shall be made on the basis of the most recently issued bills therefore which are based on meter readings no earlier than thirty (30) days prior to the Closing Date; and such adjustment shall be re-prorated when the next utility bills are received. This agreement to adjust the proration shall survive the Closing. To the extent assignable, Purchaser shall give Seller a credit at Closing for all deposits with utility companies serving the Property in which case Seller shall assign its rights to such deposits to Purchaser at the Closing; or, at Seller's option, exercised at least ten (10) days prior to the Closing Date, Seller shall be entitled to receive a refund of such deposits from the utility companies, and Purchaser shall post its own deposits. MIA 179470881v2 11/8/2006 17 (c) Personal property taxes assessed against the Property, ifany, on the basis of the fiscal year for which assessed; (d) Taxes payable by Seller relating to operations bfthe Property, including, without limitation, business and occupancy taxes and sales taxes, if any, but excluding any income or other similar taxes assessed against Seller shall not be prorated; (e) Any fees on transferable licenses, pennits and the like pertaining to any of the Property shall not be prorated; (f) Waste and garbage collection charges, if any, and all other similar charges; and (g) Such other items as are customarily apportioned between sellers and purchasers of real properties of the type similar to the Propeliy and located in Palm Beach County, Florida. lO.6 Liens. Certified, confirmed or ratified liens for governmental improvements as of the Closing Date, ifany, shall be paid in full by Seller, and pending liens for governmental improvements as of the Closing Date shall be assumed by the Purchaser. Notwithstanding the foregoing, to the extent any of the foregoing certified, confirmed or ratified liens are payable in installments, Purchaser shall take title subject to such lien(s) and assume the balance of such installment-payments. In such event, the installment payment for the year of closing shall be prorated as of 12:0] a.m. of the Closing Date. 10.7 Closing Costs. Purchaser shall pay its own due diligence and legal expenses and the working capital contributions required to be paid pursuant to Section] O.4(d) of this Agreement. Purchaser shall pay for all expenses relating to title examination and its title insurance (owner's and lender's) premium. Seller shall pay for all documentary stamp taxes and recording fees on the Deed. Purchaser shall pay for all documentary stamp taxes and recording fees on the Promissory Note, the Mortgage, and the UCC-] Financing Statements. Seller shall pay its own legal expenses and recording fees for documents needed to cure title defects. SECTION 1 I. Waiver; Severability. Each party hereto may, at any time or times, at its election, waive any of the conditions to its obligations hereunder by a written waiver expressly detailing the extent of such waiver (and no other waiver or alleged waiver by such party shall be effective for any purpose). No such waiver shall reduce the rights or remedies of such party by reason of any breach by the other party or parties of any of its or their obligations hereunder. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or MfA 179470881v211/8/2006 18 invalidated thereby. SECTION ]2. Brokers. Each party represents and warrants to the other that it has not engaged or dealt with any brokers or finders in connection with the sale of the Property as set forth herein, and each party shall indemnity and hold the other party harnlless from any claim, liability, loss or damage, including without limitation, reasonable attorney's fees and costs at trial and all appellate levels, resulting from the indemnifYing party's breach of the foregoing representation and warranty. The provisions ofthis Section 12 shall survive the Closing. SECTION 13. Survival: Further Instruments Except as expressly set forth herein, none of the tenns and provisions herein shall survive the Closing or termination of this Agreement. Each party will, whenever and as often as it shall be requested so to do by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting party, in order to carry out the intent and purpose of this Agreement and as are consistent with this Agreement. The provision of this Section] 3 shall survive the Closing. SECTION ]4. No Third Party Benefits. This Agreement is made for the sole benefit of Purchaser, Seller and Escrow Agent and their respective successors and assigns (subject to the limitation on assignment set forth below), and no other person or persons shall have any right or remedy or other legal interest of any kind under or by reason of this Agreement. Whether or not either party hereto elects to employ any or all of the rights, powers or remedies available to it hereunder, such party shall have no obligation or liability of any kind to any third party by reason of this Agreement or by reason of any of such party's actions or omissions pursuant hereto or otherwise in connection with this Agreement or the transactions contemplated hereby. SECTION IS. Default and Remedies. In the event of the default by Purchaser without default by Seller, which default is not cured within ten (10) days after receipt by Purchaser of WI it ten notice from Seller (provided, however, that in the event the Purchaser's default is the failure to close on the Closing Date, no notice shall be given by Seller and the cure period shall be limited to one (1) Business Day unless otherwise extended in writing by Seller in its sole discretion), Seller shall have the right to receive the Earnest Money, together with all interest earned thereon as agreed and liquidated damages for said breach and as Seller's sole and exclusive remedy for default of Purchaser, whereupon the parties shall be relieved of all further obligations hereunder, except those obligations expressly stated to survive herein. Purchaser and Seller acknowledge and agree that actual damages are difficult or impossible to ascertain and the Earnest Money Deposit, together with all interest earned thereon, is a fair and reasonable estimation of the damages of Seller. MIA 179470881v2 11/8/2006 19 In the event of a default by Seller under this Agreement without default by Purchaser, which default is not cured within ten (10) days after receipt by Seller of written notice from Purchaser (provided, however, that in the event the Seller's default is the failure to close on the Closing Date, no notice shall be given by Purchaser and the cure period shall be limited to one (I) Business Day unless otherwise extended in writing Purchaser in its sole discretion), Purchaser at its option shall have the right, as its sole and exclusive remedies, to: (i) receive the return of the Earnest Money together with all interest earned thereon whereupon the parties shall be released from all further obligations under this Agreement, except those obligations expressly stated to survive herein, or, alternatively, or (ii) seek specific performance of the Seller's obligations hereunder. Notwithstanding the foregoing, in the event of a default by either party of any obligations which specifically survive Closing, the non-defaulting party shall be entitled to seek any legal redress permitted by law or equity. The provisions of this Section 15 shall survive Closing. SECTION 16. Notices. All notices and other communications which either party is required or desires to send to the other shall be in writing and shall be sent by (i) hand, (ii) fax, provided a copy thereofis also sent by one of the following means, (iii) certified mail, postage prepaid, return receipt requested, or (iv) nationally recognized overnight courier service. Notices and other communications shall be deemed to have been given (a) on the date of delivery if sent by hand or via facsimile, (b) three (3) days following deposit in the US Mail if sent certified mail, or (c) the next Business Day if sent by overnight courier. Notices shall be addressed as follows: (a) To Seller: TRG-Boynton Beach, Ltd. 3 I 5 S. Biscayne Boulevard Miami, Florida 33131 Attn: Carlos Rosso Bus 305.460.9900 Fax 305.460.9911 with a copy to: Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 3313] Attn: Joel Goldman, Esq. Bus 305.579.0828 Fax 305.961.5828 MIA 179470881v2 11/8/2006 20 (b ) To Purchaser: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Attn: Executive Director Bus 561.737.3256 Fax 561.737.3258 With a copy to: Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard Suite 1000 West Palm Beach, Florida 3340l Attn: Kenneth G. Spillias, Esq. Bus 561.640.0820 Fax 561.640.8202 (c) To Escrow Agent: Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 3313 I Attn: Joel Goldman, Esq. Bus 305.579.0828 Fax 305.961.5828 or to such other person and/or address as shall be specified by either party in a notice given to the other pursuant to the provisions of this Section. Seller, Purchaser or Escrow Agent may designate another addressee or change its address for notices and other communications hereunder by a notice given to the other parties in the manner provided in this Section 15. SECTION ]7. Attornev's Fees. In the event either party institutes legal proceedings to enforce its rights hereunder, the prevailing party in such litigation shall be paid all reasonable expenses of the litigation by the losing party, including its attorney's fees. The provisions of this Section 17 shall survive Closing or earlier termination of this Agreement. SECTION ]8. Limitation on Liability. Any obligation or liability of either of the parties hereunder shall be enforceable only against, and payable only out of, the property of such party, and in no event shall any officer, directors, MIA 179470881v2 11/8/2006 21 shareholder, partner, beneficiary, agent, advisor, or employee of either party be held to any personal liability whatsoever or be liable for any of the obligations of the parties hereunder. SECTION 19. Exhibits. Any fact or item stated in any Exhibit or Schedule shall be deemed to be disclosed for all purposes under this Agreement, notwithstanding the omission of a reference or cross-reference thereto. SECTION 20. Assi~nment. Purchaser shall not be permitted to assign its rights under this Agreement without the prior written consent of Seller, which may be withheld in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of all parties hereto and their respective successors and assigns. Section 21. Miscellaneous. This Agreement (including all Exhibits hereto which are hereby incorporated by reference) contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the parties hereto respecting such matters. This Agreement shall be construed and enforced in accordance with the laws ofthe State of Florida. The provisions of this Agreement may not be amended, changed, or modified orally, but only by an agreement in writing signed by the party against whom any amendment, change or modification is sought. Purchaser shall not record this A!,'feement, any memorandum of this Agreement, any assignment of this Agreement or any other document, including without limitation, a lis pendens, which would cause a cloud on the title to the Property. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. Any action or proceeding relating to this Agreement shall be commenced in Palm Beach, County, Florida. Any date for performance which falls on a day that is not a Business Day shall be extended to the next Business Day. THE PARTIES HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. SECTION 22. Radon Gas. RADON GAS IS ANA TURALL Y OCCURRING GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME, LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE MIA 179470881v2 11/8/2006 22 OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. SECTION 23. Time is of the Essence. Time is of the Essence. SECTION 24. Counterpart Execution and Telecopv Execution and Delivery. This Agreement may be executed in counterparts and any number of which have been signed by all parties hereto shall constitute an original. Furthermore, an executed document may be delivered to any party by fax and the fax signatures ofa person shall be deemed an original signature of and be binding upon such person subject to each party's right to require that each person who delivers to this Agreement containing its faxed signature promptly thereafter deliver to the requesting party an originally executed copy of this Agreement. [The remainder o{this page is intentional~v left blank.] MIA 179470881v2 11/8/2006 23 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. TRG-BOYNTON BEACH, LTD., a Florida limited partnership By: TRG-Boynton Beach, Inc., a Florida Corporation, Its General Partner By: Roberto Rocha, Executive Vice-President BOYNTON BEACH COMMUNITY DEVELOPMENT AGENCY By: Henderson Tillman, Chairman 1:\Clicn! Documents\[3oynton Beach CRA\2419-025\MISC\Purchase and Sale Agreement 11-9-06.DOC MIA 179470881v2 11/8/2006 24 JOINDER The undersigned acknowledges receipt of a copy of the foregoing Agreement and agrees to hold the Eamest Money in accordance with the terms ofthe Agreement and the following-additional tenns: Escrow Agent shall invest the Earnest Money in a money market account at a local bank. All interest earned on Earnest Money shall be added to the Earnest Money and be deemed a part of the Eamest Money for purposes hereof. 2 For purposes of complying with Internal Revenue Service regulations (and not to indicate in any way ownership of the Earnest Money or a right to withdraw or encumber the Earnest Money), interest earned on the Earnest Money shall be reported to the Internal Revenue Service as earned by Purchaser. Purchaser's Federal Tax ID Number is 3 Upon the Closing, Escrow Agent shall disburse the Earnest Money to Seller and credit it against the Purchase Price. 4 If the Closing does not occur or in the event of any doubt or uncertainty by Escrow Agent as to the propriety of disbursing the Earnest Money, the Escrow Agent shall be authorized to interplead said amount or the entire proceeds with any court of competent jurisdiction and thereby be released from all obligations hereunder. 5 In addition and except as set forth below, if Escrow Agent receives a request from one party for disbursement of the Earnest Money, then Escrow Agent shall give written notice of such request to the other party. If the other party does not deliver a written objection to Escrow Agent within ten (10) days after actual receipt of such notice, then the Escrow Agent shall disburse the Earnest Money in accordance with the original request. 6 Escrow Agent shall receive no compensation for holding the Earnest Money or acting as escrow agent hereunder. 7 Escrow Agent herein is acting solely as a stakeholder for the purpose of accommodating the Purchaser and Seller. It has no interest whatsoever in the Earnest Money. 8 Purchaser and Seller agree to jointly and severally indemnifY and hold Escrow Agent hannless from any loss or damage, including reasonable attorney's fees and costs at trial and all appellate levels, which Escrow Agent may suffer or incur, as a result of its activities in holding the Earnest Money; MIA 179470881v2 11/8/2006 25 provided, however, that nothing herein shall be deemed to relieve Escrow Agent from acts of gross negligence or willful misconduct. 9 Escrow Agent shall not be disqualified from representing Seller it any litigation in connection with this Agreement by virtue of having acted as Escrow Agent under this Agreement, it being acknowledged that Escrow Agent is the law film representing Seller hereunder. 10 The Escrow Agent shall not be liable for any failure of the depository. ] I The foregoing Agreement may not be amended in any manner which would affect the rights and obligations of the Escrow Agent without the Escrow Agent's prior written consent; otherwise the foregoing Agreement may be amended without the consent of Escrow Agent and without Escrow Agent joining therein. IN WITNESS WHEREOF, the Escrow Agent has executed this Joinder as of the date of this Agreement. GREENBERG TRAURIG, P.A. By: Print Name: Print Title: MIA 179470881v2 11/8/2006 26 x. NEW BUSINESS: A. CONSIDERATION OF ISSUANCE OF AN RFP TO CONDUCT A TRANSIT STUDY AND LOCAL CIRCULATION PLAN. i);::;;.. " -"" ' ~~~<tY~T2~ eRA . East Side-West Side-Seaside Rena',ssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2006 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Issuance of an RFP to Conduct a Transit Study and Local Circulation Plan SUMMARY: The Transportation Concurrency Exemption Area (TCEA) was created to allow the redevelopment of the downtown area. The TCEA designation allows significantly higher residential densities without impacting road capacity. As part of the ongoing monitoring for compliance with the TCEA conditions, the County requires annual reporting on the number of affordable housing units built and a transit study. The City did not feel that a transit study was warranted at this time due to the fact that redevelopment activity in the downtown area is limited to the Marina Village project. However, the County said that Boynton Beach was not in compliance with the TCEA agreement because our Direct Incentive Program for Workforce Housing had not been in effect at the time of the report submittal and that the City/CRA had not conducted a transit study. We have since come into compliance with the affordable housing requirement but the County is still requiring a transit study to prove that there are limited impacts to the transportation systems. Upon Board approval, the attached RFP will be published with a recommendation coming to the Board at the December meeting. FISCAL IMPACT: Unknown at this time. RECOMMENDATIONS: Approve the issuance of the Request for Proposals to conduct a transit study and development of a local circulator plan for the T EA. Vivian L. Brooks CRA Planning Director T:\AGENOAS, CONSENT AGENOAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\2006-November_ 14th\Transp. RFP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TRANSIT STUDY AND DEVELOPMENT OF A LOCAL TRANSIT CIRCULATOR PLAN FOR THE TCEA B!:.guest for Proposal (RFPl The Boynton Beach Community Redevelopment Agency (CRA) is soliciting proposals to conduct a transit study, create a local transit circulator plan and conduct a monitoring study for the Transportation Concurrency Exception Area (TCEA). Project Description: The Boynton Beach Community Redevelopment Agency, hereinafter known as the "CRA," is seeking requests for proposals to conduct a transit study and create a local transit circulator plan for the Transportation Concurrency Exemption Area (TCEA) located within the Boynton Beach Community Redevelopment Area (See Attachment "A" TCEA Map). The TCEA went into effect on April 2005 with the intent of encouraging redevelopment of the downtown area (See Attachment "B" TCEA Justification Report). The PROPOSER shall provide a written quote, including all costs for work to be performed. Scope of Work to Be Performed: THE PROPOSER shall perform the following services for the CRA: 1. Develop a detailed transit study of the TCEA. To include all new approved development within the TCEA. 2. Develop a local transit circulator plan (complementing or augmenting the Country's public transit service) for the TCEA including specific route alignments, ridership projections for each route, a phasing plan, infrastructure needs, headways, hours of operation, and other service characteristics. 3. If the transit study finds that redevelopment activity has not progressed enough to implement the local transit circulator plan, then conduct a monitoring study for such implementation every two years. Please provide an hourly rate for work over and above the work listed above. Proposal Criteria: .. The proposal must include the following: · Name and address of the proposing firm or entity. · A list of the professional team members, historical background information on the principals and a description of their experience with similar projects. · A qualifications statement of the proposing firm or entity, including verifiable examples of experience, photographs, addresses and project information. · A certificate of good standing from the Secretary of State, Division of Corporations. Timeline: November 18, 2006 November 30, 2006 December 6, 2006 December 12, 2006 Publication of Notice of the RFP Pre-proposal Meeting for Interested Parties Proposal packages due by 3:00 pm Selection of contractor by CRA Board of Directors Submittal Requirements: Provide twelve bound copies of the Proposal to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Submittals must be received no later than 3:00 p.m. EST on Wednesday, December 6, 2006 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. Faxed submittals will not be permitted. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. 2 A pre-proposal informational meeting will be held on November 30, 2006 at 4:00 p.m. at the CRA Offices, 915 S. Federal Highway in Boynton Beach. The purpose of the meeting will be to answer any outstanding questions regarding the project and attendance is strongly encouraged'. Contacts: All correspondence and requests for information regarding the request for proposals, should be directed to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 E-mail brooksvil@cLboynton-beach.fl.us Telephone: (561) 737-3256 Non-Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the eRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP on the part of any and all proposers constitutes acceptance of this policy. 3 Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being t'legotiated to the satisfaction of both parties and the execution of said contract by both parties. The winning proposer will be granted a contract for a period one year. The contract documents shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., The Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise. the CRA will treat all materials received as public records. Public Entity Crimes "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 4 Drug Free Workplace Certification .. All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. 5 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of ., responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) 6 CITY OF BOYNTON BEACH TCEA ANNUAL REPORT, MAY 2006 . The Transportation Concurrency Exception Area (TCEA) for the Boynton Beach CRA became effective on April 3, 2005. Since then, a number of projects has been approved; none are yet completed. The redevelopment activities within the CRA area continue in high gear in spite of the real estate market slowdown. The following is the review of the conditions set forth for the Boynton Beach TCEA: . i~. The development approvals utilizing this TCEA shall remain at or below the maximum allowable limits for units, square footage, total daily trips, and total pm peak hour trips set by Table TE-5 of this policy. No building permits shall be issued for new development when the applicable maximum allowable limit for that development is reached. See attached "Summary of Development Approvals" table. iR, Beginning with the March 1, 2007 annual report, and at the end of each reporting period thereafter, the cumulative ratio of approved residential units to 1,000 square foot approved office space shall remain between the maximum and minimum allowable ratios identified in Table TE-5. See attached "Summary of Development Approvals" table. fi; Beginning with the March 1, 2007 annual report, and at the end of each reporting period thereafter, the cumulative ratio of approved residential units to 1,000 square foot approved other non-residential space shall remain between the maximum and minimum allowable ratios identified in Table TE-5. The cumulative ratios will be included in the March 1, 2007 report. !f~ The City, in coordination with the Boynton Beach CRA, shall maintain and annually update a master phasing plan and infrastructure budget and schedule that targets needed improvements within the TCEA boundaries and sets priority for funding and construction in the City's Five Year Capital Improvements Program. The CRA is funding the following infrastructure improvements in the CRA area: . 4th Street Streetscape.- Drive lane widths are being reduced. Sidewalk width is increasing from 5' to 8', Street trees and pedestrian scale lighting will be installed. On-street parking will be created. Paver crosswalks will be installed at intersections. This work is scheduled to begin in fiscal year 06/07. . Extension of Boynton Beach Blvd. Boynton Beach Blvd. has been extended east of U. S. Highway One to allow access into the Boynton Beach Marina. The extension includes a pedestrian walkway to the Intracoastal that features functional art, landscaping, etc. The extension accessible to cars includes on- street parking, traffic circle, pavers and bulb-outs. This project was completed 4/28/06. . Martin Luther King, Jr. Blvd. Streetscape. Proposed improvements include: increased sidewalk width, bulb-outs, paver crosswalks, street trees and pedestrian scale lighting. Work is estimated to begin in fiscal year 06/07. . Boynton Beach Blvd. Streetscape. Proposed for Boynton Beach Blvd. west of U.S. Highway One to 1-95. Proposed improvements include widening of sidewalks, installation of overhead utilities underground, and pedestrian pcale lighting. CRA is funding a portion of these improvements; the remainder will be done by the private sector as part of site plan improvements. For funding schedule, see attached "CRA Transportation-Related Capital Projects in TCEA" table. II) The City shall demonstrate that it has been complying with the Policy 2.4.12 of the TCEA Justification Report dated March 5, 2003, supporting various street design features. (Policy 2.4.12. The City shall promote a variety of transportation choices within the CRA by supporting the following design features for streets within the TCEA boundaries: low speed turning radii; new continuous and permanent on-street parking; pedestrian-scale lighting, narrow travel lanes; curb extensions or bulb-outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalk; installation of bicycle lanes; and use of brick crosswalks.) All the above listed design features are recommended in the recently approved "Urban Design Guidelines for the Redevelopment Area in the CRA" (attached), and were incorporated into projects included in the "Summary of Development Approvals" table. They are also integrated into planned infrastructure improvements listed under item ~. 6. The City acknowledges that in order to provide traffic circulation and transportation infrastructure consistent with the requirements of the TCEA, it will be necessary to augment the existing local transit circulator system. By January 1, 2005, the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's pUblic transit service) for the TCEA including specific route alignments, infrastructure needs, headways, hours of operation, and other service characteristics. The City and the Boynton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment projects within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before January 1, 2007, then the City shall conduct a monitoring study for such implementation every two years. This monitoring study shall be submitted to the County Engineer and Planning Director on March 1,2007, and every second year thereafter until the City implements the circulator plan. The County must review and approve any such monitoring study that would otherwise allow additional delay in implementing the transit circulator plan. 2 The CRA began trolley operations in July 2005. The two lines currently being run are the Cross Town route which runs from Ocean Avenue to Congress Avenue and the Ocean route which runs from Ocean Avenue to the City beach park. The CRA is currently planning to add a route for Federal Highway.in fiscal year 06/07. Current ridership is approximately 5,968 passengers per month. For routes and schedules, see attached "Boynton Beach Trolley System". 7. The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the TCEA associated with hotel/motel. and residential developments within the hurricane vulnerability zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability, the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely manner. The City shall also participate in a long-term, Countywide, comprehensive shelter program coordinated with public, private, non-profit organizations to ensure adequate shelter space is available for the long-term needs of the TCEA and the County. The City is unable to demonstrate hurricane space shelter availability in terms of available shelter space per population increase in TCEA area. However, the City has long been an active member of the Palm Beach County Emergency Management Agency activities. Members from our Fire Rescue Department have participated in the Local Mitigation Strategy and other various Emergency Management committees. The City has also been active in promoting a local CERT team program that is taught by our Fire Rescue Department (currently claming 150 members). When the Boynton Beach High School was built several years ago, members from the Fire Rescue Emergency Management team were actively involved with the construction of a safe room for use by our fire staff during hurricane shelter activities. Additionally, a designated room with emergency power was set aside for use with the counties emergency amateur radio system. Fire rescue personnel are assigned to this shelter to provide medical assistance during its operation. Fire Rescue staff members work closely with School Board, American Red Cross and the County Emergency management staff to coordinate efforts at this facility. Other shelters of last resort are being investigated should the high school exceed its capacity. 8. The City shall annually monitor the intersection of Boynton Beach Boulevard and US- 1, and coordinate with FOOT and the County to improve this intersection when necessary, and if feasible. The intersection of Boynton Beach Blvd. was recently improved by the easterly extension of Boynton Beach Blvd. east of U. S. Highway One. The extension will permit access to the new Marina Village mixed-use development thus reducing the amount of traffic on U. S. One. None of the projects approved in the TCEA area has yet been built. The monitoring of the intersection will commence in 2007 as the first of the approved large mixed use projects, Marina Village, is completed and begins to impact the intersection. The City will evaluate the benefits of added traffic capacity at this intersection and compare those benefits to the cost to initiate same. All improvements will be premised on the availability of property for public purpose and the assumption that the function of adjacent 3 properties would not be adversely affected. Furthermore, no private parcels will be forced into a state of non-conformance with the City's land development regulations. 9. By January 2005, the City, through the CRA's Dir9Ct Incentive Program and its Affordable Access component, shall implement a program to make affordable housing available to low-to moderate income households (with incomes of 80% to 100% of median household income in Palm Beach County) in the TCEA area. The affordable units in this program must remain affordable for a minimum period of 10 years. The City shall continue implementation of the pOliCies under Objectives 6.1, 6.3, and 6.6 of The Housing Element of the City's Comprehensive Plan to provide other programs benefiting very low, low and moderate income households. The City will also insure that 5% of new or rehabilitated housing within the TCEA area is available for occupancy by these households, with pricing consistent with SHIP guidelines, and rent levels consistent with affordable effort ratios. The City will begin the annual monitoring of the affordability of housing within the TCEA by January 2006. A "Housing Needs Assessment" study has been prepared for the City and the CRA area by the Florida International University Metropolitan Center (the final draft, attached, was delivered to the City on April 23, 2006 and is currently under review). Simultaneously, the City is working with CRA on the inclusionary zoning ordinance; a Comprehensive Plan text amendment facilitating its implementation is also being drafted. The CRA Incentive Program is under review; its workforce housing component will be coordinated with the ordinance. Within the approved 1,631 housing units, 12% units (including two rehabilitated homes) meet the definition of "affordable" specified in condition ~, e.i. have pricing "consistent with SHIP guidelines". Currently, for-sale dwellings meet this definition if priced at or below $280,462. There have been no affordable rental units approved during the period under consideration. 4 SUMMARY OF DEVELOPMENT APPROVALS APPROVED PLANNED LAND USE .. TOTALS LAND USE CUMULATIVE TYPE EXISTING- TOT ALS** minimu GROSS NET maximum m RESIDENTIAL 2,744 1,631 1,583 4,327 8,050 5,950 UNITS HOTEL 135 68 68 203 563 338 ROOMS OFFICE sq ft 514,523 13,354 -7,892 506,631 2,760,000 2,040,000 INDUSTRIAL 130,124 0 0 130,124 258,500 211,500 sq ft OTHER NON- RESIDENTIAL 626,720 136,112 -104,734 521,986 1,595,000 1,305,000 sa ft Net New Trips Daily Traffic PM Peak Hour Traffic 3,979 21 .BUllt as of February 2004 *'" Existing plus Net Approved 5 xv. OTHER t/f ';~J~ "'''ON {'> The City of Boynton Beach FL Raymond Altman, Division Chief Division Chief Of Training and Safety Boynton Beach Fire Rescue Department /00 E Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone: (561) 742-6326 FAX: (561) 742-6334 E-mail: A/tmanr@d.boynton-beachjl.us .. www.bbfrd.org October 31, 2006 Lisa Bright Executive Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Ms. Bright, I just want to express our gratitude to the CRA for allowing us the opportunity to utilize the buildings located at 603 and 607 N. Seacrest, for firefighter training purposes. I especially would like to say thank you to Assistant Director Robert Reardon who was exceptionally accommodating and helpful throughout the process. I will look forward to working with the CRA again should the opportunity arise in the future. Sincerely, - J.... -=> RaymOndA~ Oiv Chief of Training ':c.::>t ~.. 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"~~ctY~T8~ eRA East Side~West S',de-Seaside Renaissance DELIVERED VIA REGULAR MAIL November 6, 2006 Department of Fire and Code Enforcement The City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: Noise Ordinance Correspondence. Dear Local Fire and Code Enforcement Officials: On behalf of the Board of Directors of the Boynton Beach Community Redevelopment Agency (CRA), I would like to bring forth the attached letter from Mr. Gordon Crawley concerning the noise levels within the Boynton Beach district. The CRA clearly understands the City's commitment to operate in compliance with the hundreds of codes designed to maintain a healthy, safe, clean environment, and preserve the quality of life standards that all residents and businesses enjoy. In light of this, we ask that you contact Mr. Crawley directly at 561-732- 4650 to provide an overview of how best to submit complaints and to answer any questions or concerns he may have. The CRA Board and staff thank you for your continued commitment to public safety and community pride. Sincerely, ~- /,./L Henderson Tillman Chair, CRA Board of Directors Cc: CRA Board of Directors Lisa Bright, CRA Executive Director Mr. Gordon Crawley, CRA District Constituent Attachment HT/lvf ..,"1.---. /'~ ~~~CfYW8~CRA . '- East Side-West Side-Seaside Renaissance DELIVERED VIA REGULAR MAIL November 6, 2006 Mr. Gordon Crawley 313 NE I st Street Boynton Beach, Florida 33435-3810 Re: Noise Ordinance Correspondence. Dear Mr. Crawley, Weare in receipt of your letter regarding the level of noise within your neighborhood. As you can see from the correspondence sent to the Department of Fire and Code Enforcement, the Boynton Beach Community Redevelopment Agency (CRA) remains committed to the concerns of you, our stakeholders. We have asked both the departments of Fire and Code Enforcement to contact you directly and answer your questions and concerns as well as provide an avenue to which you may report any disobedience of the ordinance. We thank you for your support and commitment to the community. Sincerely, fr-- /,';-L Henderson Tillman Chair, CRA Board of Directors Cc: CRA Board of Directors Lisa Bright, CRA Executive Director Mr. Gordon Crawley, CRA District Constituent Attachment HT/lvf Henderson Tillman CRA Chairman 915 South Federal Highway Boynton Beach, Fl. 33435 .. 10/18/06 Re: Loud Car Stereos Dear Mr. Tillman, Read your message in the "Heart Beat" summer 2006 printing, and it seems to me that you do indeed have a passion for making the Heart of Boynton a special place to live and work. I too want our city to excel in all areas and for all the residents and visitors to enjoy an enhanced" quality of life" here in Boynton Beach. So I would like to share with you one little idea that will make a big difference toward the shaping of our community into an exceptional one. I maintain that for Boynton to become truly "exceptional" we must exercise zero tolorance against the sonic terrorists who violate our public air space with excessively loud sound coming out or their vehicles, as they travel freely throughout our neighborhoods and business areas. Who do you think would want to start a business, buy or build a residence in the Heart of Boynton, when in the process of speculating to do so, they could hear the relentless booming in the air, from heavy bass that is produced when these boom-boom vehicles are in the general area? Would they not wonder what kind of thoughless people were already living here, fearing even the worse? But this is the scene on a daily basis, in many parts of Boynton. It seems that everyone in city government focus only on the visual beautification aspect of our community and fail to address the ambience of our commonly shared air space. But these private concerts on wheels, parading all over our city are a real blemish on the face of what is becoming, beautiful Boynton Beach. You say in your message that we should sharpen our strategies to find solutions to problems large and small. Well, here is a problem that may seem to those in high positions in government to be trivial, but it really does have a great impact on the overall presence that the city puts forth. If you can persuade others in city planning and government to address this problem properly and effectively, then to use your words; "the results and rewards will be felt throughout the Heart of Boynton for decades to come" and all of Boynton will also benefit, for this is a city-wide problem. I moved to Boynton Beach in 1979 but even with all the improvements to the city's infrastructure, I enjoyed a higher "quality of life" in Boynton way back then. We must bring our atmospheric ambience back to a more pristine state or we will never see the Boynton Beach that all our civilized, law abiding, peace loving citizens hope for. Why should a relatively few people spoil what we all are working so hard to attain; a beautiful city? We can spend our money and do,the hard work that it takes to make our homes and neighborhoods look nice, but all it takes is one thoughless person blaring their car stereo to ruin the serenity that should surround all the beautification. As of right now, we can never, from moment to moment, be asured that our peaceful state will not be broken by this noxious noise, that immediately raises our levels of stress. Mr. Tillman, being the Chairman of the CRA, you are in the position of infuencing change in our city, so I hope you will understand the importance of what I am informing you about and do what you can to put a stop to this nonsense. Zero tolorance is the solution and if a stereo can be heard outside of the vehicle, it is "too loud". People should never have to listen to someone elses stereo when they do not want to, this is only common sense. So let it become well known, that in our fair city of Boynton Beach, you do not harrass others by making excessive noise, or you will pay the price! It is time for Boynton to grow up and not stand for this juvenile behavior to go on anymore, expecially in our residential neighborhoods. This is where we live, we cannot just go away from these sonic offenses, so we are imprisioned in our own homes when it happens, and that is totally unacceptable. We have to stop looking at this problem as being merely a traffic offense and look at it for what it really is; a quality of life offense. It is criminal when someone can "steal your peace", especially when you are in your very own home or outside on your property. We pay our taxes; we are entitled to our peace, even if we live in the lower economic sections of Boynton, as I do. This is where it is happening the most and to not address it properly, is outright discrimination. Don't people in our poorer neighborhoods deserve to have their peace also?? In your newsletter you put forth the concept of the whole community teaming up together to make the needed changes in Boynton that will make it a first class city. In writing this letter to you I am involving myself in this cause and I would be willing to help you further if you would like more input. But, the power to put an end to this blight, falls on the city council; those who make the laws and ordinances, and the police department and code enforcement who then should be strictly enforcing them. If we let these sonic terrorists run amuck in our neighborhoods, what kind of message does that send to the general public? It says that we really don't care about the image of our city and that Boynton is willing to accept a degree of lawlessness. Would you invest your money in a city like that? Would you visit a city like that? However, if it were to become well known that Boynton was a well policed area, then people would feel secure in investing in and visiting our city. If Boynton became known as "the quiet city" it would automatically rank us high among our peer cities. If you want a living example of this, walk the streets of Palm Beach, and see if there is any of this loud car stereo nonsense going on there! Boynton is located right on the ocean too, so what is the difference? The difference is that Palm Beach enforces their laws and ordinances so to maintain their world famous image. Once people know that we as a city will not tolorate bad behavior, we will have the battle half won, for it will be known as the norm to act appropriately. But if we want this to happen, then we must act, and when our citizens and police are willing to act, then the hooligans will leave Boynton and we will have our city back to enjoy it to the fullest. We do not have to wait until our new infrastructure is complete to make Boynton Beach a special place, we can make it special right now by simply implementing a zero tolcrance policy concerning loud car stereos, and other abusive and unnecessary noise polutiof1! So please do your part and solicit the help of others, to make our community a more pleasant place to live, work, and visit. Sincerely, fl~~ Gordon Crawley 561-732-4650 gordon19@msn.com MEMO TO: FROM: CC: SUBJECT: DATE: CRA Board . Robert Reardon, Interim Assistant Director Lisa Bright, Executive Director WI-FI Genesis 1lI14/2006 I was asked by Board mcmber Horcnburger for an analysis of the origin and current use of the WI-FI initiative currently supported by the CRA. The following points will serve to answer that request: I. The WI-FI initiative is a broadband mobile internet access system that serves the boundaries of the CRA. When fully operational the cntire CRA area of operations will bc able to connect to thc internet from either enabled laptop computcrs or internct capable cell phones. 2. Currently the system has 5 of9 ccll sites (TROPOS Units) in operation covering about 65% of the expected coverage area. A lack of suitable sites has dclayed full implementation (height restrictions, etc). 3. The system allows users to acccss the World Widc Web through our filter program which eliminates access to objectionablc wcb sites. We also utilize a "Splash Page" that is essentially an informational tool that promotes a link to thc CRA web site, gives instructions on how to usc thc systcm, and advertises thc Palm Beach Post. 4. The system is operated by PROGRESS TELECOM, INC. (PTLLC Acquisition Co.) with an annual pricc tag when fully operational of $44,000.00. 5. PTLLC was chosen through competitive bidding by the City of Boynton Beach and awarded the contract by Resolution on April 19,2005. I did not find an ILA with the City of Boynton Beach. 6. The City also cnjoys the benefits of the system having made City Hall part ofthc covcragc area. 7. Thc system went "on-line" in March of 2006. In August 2005 Doug Hutchinson had mc cut a check to the City for $22,800.00 (see attached spread sheet) to serve as advance payment for 6 months. Unfortunately, hurricane Wilma disrupted the roll out until spring of2006. The City bid the project, but the cost was to be borne by the CRA. 8. To datc the City has paid $21,327.87 of the original $22,000.00 to PTLLC 9. Attached are records of usage for a six day period. Thc system does not hold usage data for longcr than that. 10. In the pcriod we tested, thc system had an average of 42 uscrs in a 24 hour period. EXHIBITS 1. City of Boynton Beach Resolution R05-067 2. City of Boynton Beach Agcnda Item dated 4/I 9/2005 3. City of Boynton Beach Agenda Item dated 2/07/2006 4. City of Boynton Beach invoice for WI-FI startup costs and 6 months ops 5. CRA paymcnt analysis 6. TROPOS Control log showing hits at different tropos units that are currently in operation 7. TROPOS Control log of actual users for a six day period 8. Area coverage map , . EXHIBIT 1 CITY CLERK'S OFFICE MEMORANDUM TO: Cathy McDeavitt Assistant to the ITS Director FROM: Janet Prainito City Clerk DATE: April 21,2005 RE: Agreement with Progress Telecom to provide broadband access to the CRA areas and the Heart of Boynton area Attached for your information and use is a copy of Resolution No. R05-067 and one fully executed original contract with PTLLC Acquisition Co., LLC. The City Commission adopted the Resolution at their meeting on April 19, 2005 and this contract has been fully executed. However, there was discussion during the meeting about delaying the release of the agreement until a decision on legislation is made at the beginning of May. Because of that discussion, I suggest that you check with the City Manager prior to releasing this agreement. ~'tn~ Attachments S:\CC\WP\AFTER COMMISSIONIDepartmenlal Transmiltals\2005\MEMQ transmitting R05-067 & Agreement _ Telecom Boardband_doc 1 RESOLUTION NO. ROS-OlC" 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING THE APPROPRIATE CITY 6 OFFICIALS TO EXECUTE AN AGREEMENT WITH 7 PTLLC ACQUISITION CO., LLC, TO PROVIDE 8 BROADBAND ACCESS TO THE CRA AREAS A...1'\ID 9 THE HEART OF BOYNTON AREA; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach Information Technology Department is 13 ctively seeking to implement Wi-Fi- services within the City, the initial phase of the project 14 hall be conducted within the CRA corridors; and 15 WHEREAS, the goal is to implemcnt a turnkey solution for a pilot project within the 16 ,RA and Heart of Boynton corridors; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 ecommcndation of staff, deems it to bc in the best interests of the citizens and residents of 19 he City of Boynton Beach, to enter into an agreement with PTLLC Acquisition Co., LLC, a 20 ubsidiary of Progress Telecom, LLC to provide broadband access to the CRA areas and the 21 eart of Boynton area through a piggy-back with the City of Orlando. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 atified and confirmed by the City Commission. 26 Section 2. Thc City Commission of the City of Boynton Beach. Florida does 27 ereby approve and authorize the appropriate City officials to enter into an agreement with 28 TLLC Acquisition Co., LLC, a subsidiary of Progress Telecom, LLC to provide broadband 29 ccess to the C~<\ areas and the Heart of Boynton area through a piggy-back with the City of 30 rlando. 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 :\CA\RESOlAgreements\Progress Telecom (wi-fi).doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PASSED AND ADOPTED this ~ day of April, 2005. ~-< CITY OF BOYNTON BEACH, FLORIDA I /~V:}""-i:;'/." ".- .-c___/. ;Mayor:...;--- G .- t ,~ !~/~ ( ~~Mayor 74:~~~-:~; . COmp1issi, nllfj. ....c./"'::.,,>;:.._/ "Si'-""._-~.,f..-~:='~~}~:'c--~-~:~- ./ -_....:.~. ~ -,-._,._~.....>~""-<'-- . ~=SiO~ .~0 Commissioner :r Corporate Seal) :\CA\RESOlAgreements\Progress Telecom (wi-fi).doc , .o~." ,5~ .".- City Agreement This City Agreement (the "Agreement") dated as of Apri t /q {),ootS" , 2005 ("Effective Date") between PTLLC Acquisition Co., LLC, a Delaware limited liability company, with offices located at 100 Second Avenue South, Suite 400 South, St. Petersburq, FL 33701 (hereinafter called "Provider") and Citv of Bovnton Beach, having offices located at 100 East Bovnton Beach Blvd. Bovnton Beach, FL 33425 (hereinafter called "Customer") shall remain in effect for a period of twelve (12) months beginning on the Effective Date (the "Term"). ~OS-Oc:'7 Provision of Services Provider will provide to Customer shared broadband access to the location(s) identified in Schedule A of this Agreement in exchange for Customer's payment of fees and compliance with the terms and conditions of this Agreement. Any orders for services that extend beyond the Term shall remain subject to the terms and conditions of this Agreement as if the Term had not expired. Customer will provide routers and other security devices for connecting locations. Provider will provide the bandwidth to the given location(s) as specified in Schedule A that Customer will use to connect to Customer provided equipment. The connection will be deemed complete when the Provider has delivered the link to Customer. Customer represents and warrants that it is a tax exempt municipality. Equipment and Installation for Service Provider shall supply adequate equipment to provide the services it has agreed to provide pursuant to this Agreement. All equipment supplied by Provider will at all times remain the property of Provider. The Customer may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. The Customer shall pay for the full cost of the repair or replacement of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by Provider in obtaining or attempting to obtain possessions or replace any such equipment. On expiration or termination of this Agreement or any service provided pursuant to this Agreement, the Customer authorizes Provider to retrieve from the Customer's premises the equipment for appropriate disposition, with prior notice. During the term of this Agreement, for purposes of the placement and maintenance of Provider's communications equipment and cabling, and interconnecting such Provider equipment to its network to provide the services, (i) Customer grants Provider the right free of charge to occupy portions of Customer's facilities and real property, including, but not limited to, the right to place antennas and other equipment on Customer's facilities and real property, and (ii) Customer agrees to secure from third parties, on behalf of Provider, substantially equivalent access rights, if required for Provider to deliver Customer's service. Provider shall be given adequate power for its equipment without charge and the right to pass through third party traffic. Provider shall be permitted twenty-four (24) hours a day, seven (7) days a week access to the space where its equipment is located, subject to reasonable documented rules of Customer or the third party governing such access. Provider and Customer agree that as part of the Customer's rules regarding access that Provider shall give Customer reasonable written notice of its intent to access any Customer facilities identified in Exhibit "A". Customer shall provide Provider with written notice of any proposed modifications to any such rules thirty (30) days prior to any such modifications being implemented, which changes shall not be implemented unless Provider consents to the proposed modifications. Service Level Aqreement (SLA) Municipality Agreement (rev/01-24-2005) Should Customer experience a material degradation of service, Customer shall advise Provider of the material service degradation at the time it occurs, and Provider shall have twenty-four (24) hours to address such service deficiency from the time of notification. A material degradation of service is an occurrence that significantly impairs the ability of Customer to transmit and/or receive data. Mean Time to Respond (MTTR) On a monthly basis, Provider's MTTR to notifications, if any, from Customer of any material degradation of service will be four (4) hours. Use of Material Customer assumes all risks and liabilities associated with material downloaded or uploaded using Provider's network, including, but not limited to, confidentiality limitations, content limitations (such as liability for libel, defamation, invasion of privacy, or a violation of indecency and/or obscenity restrictions), copyright restrictions, trademark restrictions, service mark restrictions, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with material. Use of Services Customer understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or as an adjunct to any other product or service that violates any municipal, county, state, federal or foreign law or regulation is expressly prohibited. Customer agrees that its use of the services herein shall not infringe upon the use by other customers of Provider's network unless specified for emergency situations. Should Customer violate any provision of this Section, Provider, at its sole discretion, may only suspend the services after providing notice of such violation and providing the Customer with an opportunity to cure the violation. If Customer does not correct the violation, Provider may issue a default notice to Customer pursuant to the Section entitled "Default," in which case the provisions of that Section will apply to said violation. Fees Recurring and non-recurring fees shall be as set forth in Schedule A. All fees are due net thirty (30) from the invoice date and after that date are subject to a late payment charge of eighteen percent (18%) per annum calculated from the due date until the date of payment. Account Termination Customer may terminate this Agreement or any service provided pursuant to this Agreement prior to the expiration of its term by submitting a written notice to Provider no less than thirty (30) days prior to the requested date of termination of the Agreement or service. For any service(s) termination pursuant to this Section, Customer shall pay to Provider a termination fee equal to seventy five percent (75%) of the remaining monthly recurring fees due for the service during the first year of the service term and fifty percent (50%) of the remaining monthly recurring fees due for the service after the first year until the end of their service term. The termination fee along with any other unpaid fees then due, shall be paid within thirty (30) days of the termination notice. Any such payment(s) not made within this thirty (30) day period will be subject to a late payment charge of eighteen percent (18%) per annum calculated from the due date until the date of payment. Notwithstanding anything else to the contrary in this paragraph, for any multi- year order, if Customer does not obtain necessary budget and/or appropriations approval from the City Commission to continue the services, this Agreement may be terminated without any termination fee. Municipality Agreement (rev/01~24-2005) Indemnification Indemnification To the extent permitted bv law, each Partv shall indemnifv, defend and hold harmless the other from and aqainst anv and all liabilities, claims, damaGes, losses, costs, expenses and iudGments arisinG out of or in connection with bodilV iniurv (includinq death) or damaqe to tanqible propertv caused bv the neqliqence or willful misconduct of the indemnifvinq Partv, its emplovees, directors, officers, aqents or invitees. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES Except as otherwise specifically set forth in this Agreement, neither Party shall be liable to the other Party for any direct or indirect, consequential, special, incidental, reliance or punitive damages of any kind or nature whatsoever (including, but not limited, to any lost profits, lost revenue, lost savings, cost of substitute equipment or services, or harm to business), regardless of the forseeability thereof, whether based upon statute, contract, tort, negligence, strict liability or otherwise. Each Party hereby releases the other Party, its subsidiaries and affiliates, and their respective officers, directors, managers, members, employees and agents from any such claim. The limitations set forth in this Section shall not limit Customer's indemnification obligations hereunder with respect to third party claims against Provider as set forth in the Indemnification Section above. Provider makes no oral or written warranties or representations, express or implied, in fact or in law, and all other warranties, whether express, implied or statutory, including, without limitation, warranties of merchantability or fitness for a particular purpose, are hereby excluded and disclaimed. Nothing contained in this Agreement shall constitute a waiver of Customer's sovereign immunity or the provisions of Section 768.28, Florida Statutes. Disclaimer Provider assumes no responsibility for the content contained on the Internet. Provider discloses and Customer acknowledges that there may be content on the Internet or otherwise available through the services provided by Provider, which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including, but not limited to, pornographic or otherwise inappropriate sexually explicit or offensive content. Customer acknowledges that its use of Provider's services to access information, content or other services is at its own risk. Governinq Law and Venue The laws of the State of Florida shall govern the terms of this Agreement. Venue for any lawsuit filed to enforce any terms of this Agreement shall be filed in state court in Palm Beach County, Florida. Assiqnment Customer may not assign this Agreement without Provider's consent, which consent shall not be unreasonably withheld. Default Municipality Agreement (rev/01-24-2005) If Customer or Provider fail to perform their obligations pursuant to this Agreement, , either party may, at its sole discretion, issue a default notice to the other party demanding the default condition to be cured. If the default condition is not remedied within the time period specified in the notice letter, which shall not be less than five (5) business days, The non-defaulting party may then, without the necessity of any further notice, discontinue performance and terminate this Agreement and pursue any other remedies available at law or in equity including, without limitation, damages, including, but not limited to, unpaid overdue fees plus interest and costs, and any applicable early termination fee as set forth in the Section entitled "Account Termination." Either party's failure to exercise any of its rights hereunder shall not constitute or be construed r as being a waiver of any past, present, or future right or remedy. Each Party at its own expense, shall keep in force and at all times maintain during the term of this Agreement: (a) Public Liabilitv Insurance: Public Liability Insurance, issued by responsible insurance companies and in a form acceptable to the Customer, protecting and insuring against all the foregoing with coverage limits of not less than One Million Dollars ($1,000,000) for Bodily Injury and Property Damage. (b) Automobile Liabilitv Insurance: Automobile Liability coverage shall be in the minimum amount of Three Hundred Thousand Dollars ($300,000) combined single limits for Bodily Injury and Property Damage. (c) Workers' Compensation Coveraqe: Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall be provided. (d) Insurance Certificates: Each Party shall provide the other Party with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the Customer. Said Public Liability policy shall provide that the non-insuring Party be named as an additional insured. The non- insuring Party shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are licensed and authorized to do business under the laws of the State of Florida. Force Maieure Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its reasonable control and/or without its fault or negligence, including, without limitation, acts of God, acts of civil or military authority, government laws, rules or regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, cable or fiber cuts, strikes of Party or its affiliates, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions or hurricanes Co nfid e nti a I itv /P u blicitv This Agreement is subject to the terms and conditions of the Mutual Confidentiality Agreement entered into between the Parties contemporaneously herewith. Customer shall not make any public announcement or issue any press release regarding this Agreement without the prior written consent of Provider. Municipality Agreement (rev/01-24~2005) "----..--. -..- ,....., UoJ..... 'T L. ~'...... r--.o Entire Agreement This Agreement constitutes the entire Agreement between the Parties and no other representations or statements will be binding upon the Parties except as evidenced by a signed amendment to this Agreement. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. PTLLC Acquisition Co., LLC By:(j)~~'A-r>-- Name: -R..+yfc.it<..- -r: MO,/YI'"O,'1 Title: c.on+ro Ilev [[<lei. -r,;:,p,., c-u te..- :~YOfB~~ Name: J<:'URT brC6S Ner- Date: Date: tf-8'-oS:- (' : -l." Title: ~ Attest: CLERK A~,,"~' City At ey's Office Provider and Customer may be referred to individually as "Party" or collectively as "Parties." NOTICE INFORMATION All written notices required under this Agreement, except as specifically set forth in the Appendices hereto, shall be sent to the following: To: PTLLC Acquisition Co., LLC 100 Second Avenue South, Suite 400S St. Petersburg, Florida 33701 Facsimile: (727) 471-5311 Attention: Contract Management To: Facsimile: Attention: ,\~CO,fj c {c'i' ~.~ '!f\.fP,~o..fi:.Q . ('> ~I'~?;?:"-" ",::::: . ct. ~,fl1'\~ ~/~~ ~"/ " .,.(' .....'-'" Municipality Agreement (revI01.24-2005) City Agreement Schedule A SCOPE OF SERVICE: Location 1: Term WiFi Zone: Pilot Term: 6 months Termination process during Pilot Term: 6 Month Pilot Term: 36 months Desired WiFi Coverage Area: Martin Luther King Blvd and park, CRA and Marina area to the East of Park as well as Federal Highway to the West, Boat Park and camera located on Premise, Marina, Federal highway as accessed from tower at South Side of CRA (Federal and Se 2nd Avenue). Requested Aggregate Access Capacity: 3 MB Monthly recurring charge: $ 3,100 Non-recurring charge: $ 4,200 (non-refundable) Provider will deliver wireless 802.11 access for broadband internet access within the coverage area listed above. If requested in writing, Provider will also supply Customer with a map outlining the areas of coverage and optimum signal saturation. Associated WiFi Services Services - Provider will provide open an 802.11 coverage in the area outlined above. Where practical, the antennas will be located at street level. Excessive Use - If requested by Customer, Provider can limit usage by setting time usage restrictions on access. Location 2: Term Location 3: Term months Internet Access at a specific address: Address 1 : Address 2: City, State Postal Code: Monthly recurring charge: $ Non-recurring charge: $ Requested Access Capacity: Requested Delivery Date: months Internet Access at a specific address: Address 1 : Address 2: City, State Postal Code: Monthly recurring charge: $ Non-recurring charge: $ Requested Access Capacity: Requested Delivery Date: months Internet Access at a specific address: Address 1 : Address 2: City, State Postal Code: Monthly recurring charge: $ Non-recurring charge: $ Requested Access Capacity: Requested Delivery Date: Municipality Agreement (rev/01-24-2005) Page 1 of 3 City Agreement Schedule A Registration - If requested by Customer, Provider will set up a registration system for all users utilizing the network. Surveys - Provider will provide the ability for Pilot Project users to participate in an opt-in survey, content to be provided by Customer. Provider will retain survey information and results for a period of 90 days following completion date of the Pilot Project. Technical Support Telephone Number - Provider will provide a designated technical support telephone number, which will be prominently placed on the initial sign-on page. Provider will be the sole and primary contact for customer service inquiries. Network User Instructions - Provider will provide network user instructions that Customer will be able to post on its website and use in promotional materials. Disclaimer - Provider will display Customer's disclaimer and acceptance indicator on the initial sign-on page. No advertising, commercial promotions, etc. - Unless expressly authorized by Customer, there will be no advertising, commercial promotions, etc. on the Internet access being paid for by Customer, with the exception of acknowledgement of Provider as the service provider ("Service provided by Provider"), contact information for service provider and the designated technical support telephone number provided by Provider. Provider will provide Customer the logo and phone number. Reporting Utilization Data - Provider will provide real time reports to Customer showing the number of users online. Provider will also provide to Customer any and all available audit logs of transactions related to the Pilot Project and will provide Customer with access to any and all other available information related to the Pilot Project that it may request. Such information will at a minimum include frequency of use, duration of use, time of day, sites visited, duration of each site visited and the kilobytes downloaded from each site. Provider will provide the information to Customer on a monthly basis (within 30 days of month end) on a CD/DVD medium or in electronic format. In addition, Provider will make good faith efforts to provide Customer with user data that may be requested periodically during the course of the Pilot Project. Data will be stored by Provider for one (1) year. Provider will assist Customer to create, measure and analyze consumer response to online and offline marketing activities. Online Monitoring of Utilization - Customer will have the capability to monitor online broadband utilization to determine how much of the available broadband is being utilized. All research, data and findings performed by Customer shall be the sole property of Customer. Marketing and Promotional Materials - Customer shall market the Pilot Project, including press releases, in a manner that will give acknowledgement to Provider as the service provider. All promotional materials, press releases or public statements issued by Provider that references Customer of City of Boynton Beach as a customer and/or the Pilot Project shall be subject to written approval by Customer prior to issuance or publication. Designated Contacts. For the services to be provided pursuant to this Addendum, Customer designates the following person as the primary contact for Provider: Contact Name: Contact Phone: Contact Cell: Contact e-mail: Municipality Agreement (rev/01-24-2005) Page2of3 City Agreement Schedule A Use of Material: Use of Services: Provider will display a disclaimer and acceptance indicator on the initial sign-on page. Users will assume all risks associated with use of Provider's network. Users will be responsible for using the service for lawful purposes. Municipality Agreement (rev/01-24-200S) Page3of3 ~-;"C~~O"~. .'~ ! (\ Ifji\ .. .J~ 0\ i,l. t-\., . jU/ 1r_~"O ~~"\~~?>' EXHIBIT 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final J?onn Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to Citv Clerk's Office Meetinl!Dates in to Cih' Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) [2;] April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 200S July S, 200S (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda [2;] New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve the agreement with Progress Telecom (formerly Lighthouse Estrategies dba Pure Connection), through a piggy-back of Orlando's agreement, to provide broadband access to the CRA areas and the Heart of Boynton area in the amount of $3,100 per month for a 6 month trial period, plus $4200 start up cost for a total of $22,800, payable by the I.1.S. account #001-1510-513-64-15 and to be reimbursed by the CRA. EXPLANATION: The City of Boynton Beach Information Technology Department is actively seeking to implement Wi-Fi services within the city. The initial phase of the project will be conducted within the CRA corridors. The goal is to implement a turnkey solution for a pilot project within the CRA and Heart of Boynton corridors. The CRA will participate in the project by reviewing the weekly reports and trends of the wireless traffic. The CRA will make recommendations as needed that may improve services within the CRA boundaries. Based on the initial six (6) month pilot project, a formal bid process may be conducted. PROGRAM IMPACT: Assist in the economic development of the eRA areas, and with the digital divide within the Heart of Boynton area by: . Providing an additional lifestyle access to attract residents and small business owners into a blighted downtown area. . Encouraging usage of public spaces for internet accessibility and creating a sense of place and quality of living. . Attracting disposable income-type users to local businesses, and increasing opportunities for small business owners in the area. . Creating "Hot Spots" that will draw traveling and vacationing executives to local businesses that provide accessibility to wireless service. Extending wireless services to public safety personnel will provide the following: . Laptops in emergency fire vehicles will provide access to GIS layers that provide hazmat materials information, building configurations (entry and exit access), fire hydrants, structure history, and contact information of home and business owners to emergency fire personnel while en route. Thus, increasing efficiency and reduce response times. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ~7V-:<'-~' ( \ \ :' hi Ill', /lJ; 0\-0'7"" .'J..,,;-......... .;....<0""",&;jj \..,':'''r0\\1,_'__'' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM o Street side police cail boxes and video cameras can feed directly to patroiling foot and bicycle officers via POA's for increased surveiilance and response times. o Night-time video security for construction sites and night-time entertainment corridors. o Video monitoring for traffic control purposes. o Access secure public safety frequencies to increase speed of information downloads and uploads for running OMV information, missing person searches, identification of "at large" criminals, verify photo 10's, and police arrest records. o Ability to tie public transportation (downtown troileys) into system for crowd control and policing concerns. Education and Public Service will be impacted by: o Providing low to moderate income families the ability to gain access to information and educational opportunities through online tutoring, online references and research. o Provide low to moderate income families the ability to access the learning tools provided by the school district for students. FISCAL IMPACT: The eRA wiil contribute to the project by reimbursements to the city for ail expenses incurred for the Wi-Fi project within the CRA boundary as part of the current Information Services Contract for PC, network, e-mail, and GIS support services and accessibility. City Manager's Signature ~, jf;J. Information Technology Services City Attorney / Finance / Human Resources SIB ULLETrN\FORMSIAGENDA ITEM REQUEST FORM.DOC SL''':--O'''' ('\ ~ 1:il \: ' j~. 0" .1 ~\. J-~' ' /tI, 4-'''''._/-'''"/ "'ON ~<-- Requested City Commission Meetine:Dates r6gh~ ~ /) CITY OF BOYNTON BEACH $J~J f(J~ ~~ AGENDA ITEM REQUEST FORM C:.- R.. IA ~ Wi.- &.-1~/1V~J/ .-t J..A--eA ~"-~ Date Final Form M~st be Turned ",- l) .( i'l "-1J. in to Citv Clerk's Office ~LJL-(" ~c'~ EXHIBIT 3 Date Final Form Must be Turned in to City Clerk's Office 5-C.-cl.,- Requested City Commission Meetinl!Dates o December 6, 2005 o December 20, 2005 o January 3, 2006 o January 17. 2006 November 14, 2005 (Noon.) [Z] February 7, 2006 o o o January 17, 2006 (Noon) December 5, 2005 (Noon) February 21, 2006 February 6, 2006 (Noon) December 19, 2005 (Noon) March 7, 2006 February 21, 2006 (Noon) January 3, 2006 (Noon) March 21, 2006 March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative [Z] Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Motion to approve the first amendment to the agreement entered into with Progress Telecom (PTLLC Acquisition Co., LLC) on April 20, 2005, Resolution No. R05-067. The initial phase of the project was approved by City Commission to be conducted within the CRA area and the Heart of Boynton corridor. EXPLANATION: The City of Boynton Beach entered into an agreement with Progress Telecom to implement Wi-Fi services within the city. Amendments to the original contract are necessary because the original agreement lacked detailed specifications of the support to be provided by Progress Telecom. This first amendment specifically outlines what services are expected from Progress Telecom in order to complete the project. It clarifies the scope of the project and the capabilities of the technology. It dictates that Progress Telecom will provide site acquisition for installation of the equipment. PROGRAM IMP ACT: This first amendment is necessary for the continuation of the project. FISCAL IMPACT: This first amendment will have no fiscal impact on the original project. ALTERNATIVES: Discont~ject not provide broadband access to the CRA and Heart of Boynton corridors. Peter Wallace City Manager's Signature Director ofLT.S. Department Name City Attorney / Finance I Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC FIRST AMENDMENT TO CITY AGREEMENT THIS FIRST AMENDMENT TO CITY AGREEMENT (the "Amendment") is entered into this _day of October, 2005 ("Effective Date") by and between the Citv of Bovnton Beach, with offices located at 100 East Bovnton Beach Blvd., Bovnton Beach FL 33425 (hereinafter the "Customer"), and PTLLC Acauisition Co., LLC, a Delaware limited liability company with offices located at 100 Second Avenue South Suite 400 South, St. Petersbura, FL 33701 (hereinafter "Provider"). Provider and the Customer may be referred to individually as "Party" or callectively as "Parties." WHEREAS, the Customer and Provider entered into that certain City Agreement last signed April 20,2005 (the "Agreement"); and WHEREAS, the Customer and Provider desire to amend Agreement as set forth herein. NOW THEREFORE, in consideration of these mutual undertakings herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Customer and Provider, intending to be legally bound hereby, agree as follows: 1 Effective upon execution of this Amendment and Schedule A attached hereto, the Agreement is hereby amended as specified herein. 2. Amendments. Customer and Provider hereby agree that the Agreement shall be amended, modified, and changed as follows: a. Provision of Services. The Provision of Services Section of the Agreement is hereby deleted and replaced with the following: Provision of Services Provider will install 802.11 wireless ("WiFi") access zones providing general coverage in the outdoor areas along the paved roadways in the areas shown on the Schedule A coverage map, The Customer may install and interconnect its 802.11 WiFi wireless capable equipment within such coverage area. Any orders for services that extend beyond the Term shall remain subject to the terms and conditions of this Agreement as if the Term had not expired. Customer will provide routers and other security devices for connecting locations. Provider will provide the bandwidth in the areas generally identified in Schedule A that Customer will use to connect to Customer provided equipment. The connection will be deemed complete when the Provider has delivered the link to Customer. Customer represents and warrants that it is a tax exempt municipality. b. Service Level Aareement. The Service Level Agreement Section of the Agreement is hereby deleted and replaced with the following: Service Level Aareement (SLA) Should Customer experience a material degradation of service, Customer shall advise Provider of the material service degradation at the time it occurs, and Provider shall have twenty-four (24) hours to address such service deficiency from the time of notification. A material degradation of service is an occurrence that significantly impairs the ability of Customer to transmit and/or receive data. Due to the impact of atmospheric conditions, line of sight obstructions, interferences or other occurrences out of Provider's reasonable control, there may be (i) unforeseen interruptions of service, and (ii) outdoor areas with limited or no WiFi coverage, and (iii) little or no coverage inside of any structure. c. Limitation of Service. The following Limitation of Services section shall be incorporated into and made a part of the Agreement immediately following the Use of Services Section: Limitation of Service The services provided pursuant to this Agreement shall not be used for 9111E911 services, mission critical services or any emergency services whatsoever. The services provided pursuant to the Agreement are unprotected/non-redundant and therefore subject to material degradation, impairment and/or outages and thus 10f6 FIRST AMENDMENT TO CITY AGREEMENT Customer acknowledges and agrees that its uses of the services other than for completely discretionary purposes (e.g., non-critical Internet access constitutes a completely discretionary use) are at its sole liability and risk. Customer understands and acknowledges that WiFi zone coverage within any building or structure will be limited, if available at all. d. Schedule A. Schedule A of the Agreement is hereby deleted and replaced with the Schedule A attached hereto. 3. No Other Amendment. Except as expressly set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect, without any change whatsoever. 4. Authoritv. Provider hereby represents and warrants to Customer that (i) Provider possesses full power and authority to emer into and perform this Amendment and to perform its obligations under the Agreement; (ii) the execution, delivery, and performance of this Amendment and the Agreement have been duly authorized by the members of Provider. Customer hereby represents and warrants to Provider that (i) Customer possesses full power and authority to enter into and perform this Amendment and to perform its obligations under the Agreement; (Ii) the execution, delivery, and performance of this Amendment and the Agreement have been duly authorized by the members of Customer; and (iii) Customer's performance under this Amendment and the Agreement shall not violate any federal, state, or municipal laws, rules, or regulations. 5. Counterparts. This Amendment may be executed in two (2) or more counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which when taken together shall constitute one anej the same instrument. 6. Capitalized Terms. Capitalized terms useel herein, but not otherwise defined, shall have the meaning ascribed to them in the Agreement. 7 Conflict. In the event there is any conflict between the terms and conditions of thiS Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment will prevail. The Agreement, as amended hereby, shall remain in full force and effect. 8. Entire Aqreement. The Agreement, Including any Schedules to the Agreement, and this Amendment (including any Schedules hereto) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements, oral or written, between the parties concerning the subject matter hereof. No modification or amendment olthe terms of the Agreement or this Amendment shall be effective except by a writing executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first written above. The undersigned Parties have read and agree to the terms and conditions set forth in this Amendment and the Schedule(s) attached hereto. SIGNATURES ON NEXT PAGE 20f6. ATTEST: By: City Clerk Approved as to Form and Legal Sufficiency: By: City Attorney WITNESSES Print Name Print Name FIRST AMENDMENT TO CITY AGREEMENT CITY OF BOYNTON BEACH, FLORIDA By: Mayor PTLLC ACQUISITION CO., LLC By: Title: 30f6. CITY AGREEMENT SCHEDULE A WiFi Zone: Pilot Term: 6 months Termination process during Pilot Term: Customer mav cancel Service durino the 6 Month Pilot Term bv submlttino 90 davs advance notice to Provider Term: 36 months Desired WiFi Coverage Area: l>-~ 'Tsl 1--: i -?~~J!t'-!!!2~-----1 - 1 .---L- \, L !I! u ! I I I I i '---' Or <;: It D.5 miles I ~ C N ti" , d , l.~OnA" ."L.Q4MIolM~ l~tQ'bIo~ ~()r .I ~Iil ~;;'fQPQQdWI./Fl ~ P~UIlll.t~ Y8IJmv At'tII!l& outh flhe CRA ANa To facilitate such WiF, coverage area, in accordance with the Equipment and Installation for Service Section of the Agreement, Customer shall provide to Provider adequate attachment rights, power, etc. at the following latitude/longitude coordinates at an elevation not less than forty (40) feet above ground level: 4 of 6. CITY AGREEMENT SCHEDULE A Approximate General Site Location/Description LATITUDE LONGITUDE Attachment Height Above Ground Levei US 1/Lakeside Harbor 263259.28 N 0800320.58 W 40' 1/2 way down Seaview Cir off of US 1 26 3230.78 N 0800320.88 W 40' 1 miles down NE 9th east of US 1 263209.24 N 0800323.04 W 40' CRA BLDG - corner of Casa Lama and 40' Ocean Ave 2631 38.04 N 080032442 W corner of SE 6th and US 1 263118.00 N 0800328.50 W 40' corner of Woolbright and US 1 263052.80 N 0800333.12 W 40' corner of SE 23rd and US 1 263026.88 N 0800335.16 W 40' corner of NW 10th Ave and Seacrest Blvd 263210.38 N 0800351.90 W 40' corner of Ocean Ave and NW 2nd 2631 38.04 N 0800402.58 W 40' corner of NW 10th and NW 4th 263210.86 N 080 04 12.72 W 40' on Miller Rd 1/2 way between Old Dixie and 40' US 1 262952.08 N 0800346.32 W 222 NE 9th Avenue 26 32 340 N 0800342.80 W Between 80' & 120' Charges Aggregate Access Capacity: Monthly recurring charge: Non-recurring charge: Associated WiFi Services Services - Provider will provide 802.11 b wireless access to the internet in generally open outdoor areas outlined above. As Customer has express intent to restrict access to particular content and web pages, Provider will provide connectivity from the Internet to Customer's filtering device, and connectivity from the 802.11 network to Customer's filtering device, provided however that Provider is not responsible for the configuration, administration or troubleshooting of Customer provided equipment or usage restriction policies Technical Support Telephone Number - Provider will provide a designated technicai support telephone number, which will be prominently placed on the initial sign-on page. This technical support number Will provide recorded instructions for connection to the wireless network and basic troubleshooting steps. This recording will be the sole and primary contact for customer service inquiries. Network User Instructions - Provider will provide network user instructions that Customer will be able to post on its website and use in promotional materials. Disclaimer - Provider will display Customer's disclaimer and acceptance indicator on the initial sign-on page. No advertising, commercial promotions, etc. - Unless expressly authorized by Customer, there will be no advertising, commercial promotions, etc. on the Internet access being paid for by Customer, with the exception of acknowledgement of Provider as the service provider ("Service provided by Provlder"), contact Information for service provider and the designated technical support telephone number provided by Provider. Provider will provide Customer the logo and phone number. Report/nQ Utilization Data - Utilizing customer provided content filtering equipment, Customer Will be permitted to generate real time reports showing the number of users currently online, frequency of use, duration of use, time of day, sites visited, duration of each site visited, and kilobytes downloaded from each site. Provider will provide to customer audit logs and error logs from Provider's equipment relating to the Pilot Project, upon request, to the extent that such logs are available Online Monitoring of Utilization - Customer Will have the capability to monitor online broadband utilization to determine how much of the available broadband is being utilized through customer prOVided equipment 3 MB $ 3.100 $ 4,200 (non-refundable) 50f6. CITY AGREEMENT SCHEDULE A All research, data and findings performed by Customer shall be the sole property of Customer. Marketing and Promotional Matenals - Customer shall market the Pilot Project, including press releases, in a manner that will give acknowledgement to Provider as the service provider. All promotional materials, press releases or public statements issued by Provider that references Customer of City of Boynton Beach as a customer and/or the Pilot Project shall be subject to written approval by Customer prior to Issuance or publication. Provider will assist Customer to create, measure and analyze consumer response to online and offline marketing activities. Designated Contacts. For the services to be provided pursuant to this Addendum, Customer designates the following person as the primary contact for Provider: Contact Name: Contact Phone: Contact Cell: Contact e-mail: Use of Material: Use of Services: Provider will display a disclaimer and acceptance indicator on the Initial sign-on page. Users will assume all risks associated with use of Provider's network. Users will be responsible for using the service for lawful purposes. 6 of 6. . >~>.,- 'F.:'" .!_<t, .;"""";""0, , '" ,;;,.~ ~"...>.-.'.:". > , . ..~~:,p_".~>":::.,>: " "',{:~"c:,.' ',., ~, ,-~: :"'-- ,\<-' CITY OF BOYNTON BEACH (561) 742-6310 ." L 'Ope; ./' EXHIBIT 4 INVOICE 147057" /", !ft( TO: COMMUNITY REDEVELOPMENT AGENCY 639 E.Ocean Ave, Suite 107 BOYNTON BEACH, FL 33435 INVOICE DATE DUE DATE 8/30/05 9/29/05 CUSTOMERITYPE # 2396/2516 IOUAr-..",! DESCRIPTION PRICE TOTAL 1. 00 eRA REIMBURSEMENT 22, 800.00 22, 800. 00 Brdbnd Access Pilot proj , TOTAL DUE, $22,800.00 PLEASE OETACH THIS PORTION AND RETURN WITH YOUR PAYMENT. REMIT TO CITY OF BOYNTON BEACH ATTN: CASHIERS PO BOX 310 BOYNTON BEACH FL 33425-0310 CUSTOMER NAME COMMUNITY REDEVELOPMENT AGENC CUSTOMER/TYPE NUMBER 2396/2516 INVOICE OA TE 8/30/05 ...L I"'VOIC" NUMBER I I 14705 J AMOuNT DUE $22,800.00 J I . ~. ........." ,............ ....., ,..........., , CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O, BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 051267 DATE: 05/17/05 VENDOR 9849 TO: PTLLC AQUISITION COMPANY, LLC 100 SECOND AVENUE SOUTH SUITE 400 SOUTH ST. PETERSBURG, FL 33701 SHIP TO: City of Boynton Beach ITS DEPARTMENT 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REQUISITIDN NO, 35429 DRDERING DEPARTMENT: ITS DA TE NEEDED: BID NO: COMMISSION APPROVED: INQUIRIES REGARDfNG PURCHASE OROER CAll 156117426320 EXTENDED COST LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 1 1. 00 EA BROADBAND ACCESS TO LOCATIONS IDENTIFIED IN SCHEDULE 4200.0000 4200.00 2 6.00 EA .0000 18600.00 04/19/05 ~Iuu,t.- Bd { 01< A \\ i3n,o..d~d AtCLS~ ~/Df i>r'jf-cf" 22800.00 ACCOUNT NO. 001-1510-513.64-15 , PROCUREMENT SERVICES: FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 60-04-116451-54C PROJECT 228DO.00 MAIL INVUIL:t:.:s I u: FINANCIAL SERVICES DEPARTMENT P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ACCOUNTS PAYABLE' flA TE INVOICE FOR THIS R EACH SHIPMENT THEREON I FOLLOWING SHIPMENT. ~HT CHARGEABLE TO THE -. - - . lTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. 3.1NVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. IE CITY OF BOYNTON BEACH IS EXEMPT FROM DERAl EXCISE TAXES: WHERE TAX APPLIES vOICE MUST SHOW GROSS PRICE, AMOUNT OF THE .X, AND NET PRICE. EXEMPTION CEATIFICA TE Will FURNISHED UPON REQUEST. OUR PURC/- PACKAGES COARESPOI o Progress Telecom Taking the challenge...making it happen EIN Number: 30-0286412 City of Boynton Beach ITS Cepartment 1 DO E Boynton Beach Blvd Boynton Beach, FL 33435 I NonwRecurring Charge - ~Fj Network po #051267 ' /' ~.---- ......Any Billing Inquires Contact 727-471.5446- Page 1 Invoice S Ma//. Progress Telecom p, 0, Box 933175 Atlanta, GA 30392-1534 4,200.00 Total DATE 8/5/2005 8/5/2005 7/18/2006 7/20/2006 9/25/2006 9/25/2006 10/15/2006 EXHIBIT 5 WI-FI PAYMENT ANALYSIS AMOUNT 22,800.00 (4,200.00) (10,082.59) (2,096.00) (2,230.89) (487.50) (2,230.89) DESCRIPTION DEPOSIT STARTUP COST APRIL-AUGUST CHARGES FILTERING SOFTWARE SEPT. 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Network Health :: Dashboard :: Network Optimization :: Client Optimization :: Client Query :: Advanced Report :: Device Pin9 Utility Alarm Summary 10 Alarm Count Category 0 0 0 0 NodeBelon9.. 0 0 0 o SNMPTimeou.. 0 0 0 0 11 RouterReac... 0 0 11 Total EXHIBIT 7 Page I of2 Network Health Clients with traffic over 500 Check history for 6 days ago Change Password II Help Fault Management CClnfigurah MB/hour for 0 or more hours: 42 (11/01 00:00 . Client MAC Address 24 Hour # Average Failed 24 hour Details Hours 00:12:FO:!l7:F9:9:' 00:13:02:83:81:Dl 29.32 0 0123456789101112131415161718' 17.31 0 0123456789101112131415161718 00:16:llit5P:27:48 10.5 00:l1L5JD:88:~5 8.71 o.Q;90:4B:57:58:4.6 4.75 00:11:59;95:6E:21 4.33 0.0:16:CE:06:9E;o.l 2.61 o.Q:H3:CF:2B:9J:2C 1.94 00:j4:E2CJ:_4:AQ:A4 1.79 QQJ3:CE:LE~C9:;JE 1.31 QO: 16..:6F:71: 17:4F 1.07 00:13:02;8.6:1;3:99 1.04 o.o.1.'LA5:3F:gE:99 0.72 (J.Q;U;CJ;;DD:D8:50 072 00:13.JJ2:8Z;Cl:3B 0.28 00:1;l:02:D6:0C:5:!\ 0.25 OQ;QC:Fl :5C:51t[)7 0.25 QO.JJ;E2:509E:OC 0.23 QO:13:02:B2:!\.8:Ac:: 0.15 00:15:QQ;43:46:9]:l 0.14 QO:OE:35;D2:CO_:.60 0.13 QO:13:Cl;;A8:63:A5 0.12 OQ:J 1 :F5:92:Q9:F4 0.12 OQ:J 3:CE:8LFO:BO 0.11 00:16:E3:2B:DC;7.E 0.06 00:1.3:Q2;CC:5.4:BE! 0.06 0 https://216.22.72.200:8443/home/OptimizerPage.do o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718- o 0123456789101112131415161718' o 0123456789101112131415161718' o 01234567891011 12131415161718 . o 0123456789101112131415161718' o 0123456789101112131415161718' o 01234567891011121314151617W' o 01234567891011 12131415161718 . o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718 o 01234567891011121314151131718' o 01234567891011 12131415161718 ' o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718- o 0123456789101112131415161718' 00123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718' 11/7/2006 Tropos Control Page 2 of2 0123456789101112131415161718 . 00:OZ)D:2C:E?:Q.C 0.04 0 012345678910111213141;,161718 - 00:12:F.O:Q2:EA~5E 0.04 0 01234567891011 12131415161718 . 00:14:A5.:.EA:45:El 0.04 0 01234567891011 12131415161718 . 00:13:CE:23.:cD:82 0.04 0 01234567891011 12131415161718- 00:12:fojl9:2f):97 0.Q3 0 012345678 9 10 11 12131415161718 . 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Last Refreshed at: 11/07/200612:03 https://216.22.72.200:8443/home/OptimizerPage.do 11/7/2006 Tropos Control Network Health :: Dashboard :: Network Optimization :: Client Optimization :: Client Query :: Advanced Report :: Device Ping Utility Alarm Summary ~ Alarm Count Category 0 0 0 0 NodeBelong... 0 0 0 o SNMPTimeou... 3 0 0 0 8 RouterReac... 3 0 8 Total Network Health Clients with traffic over 500 Check history for 3 days ago Client MAC Address 24 Hour Average QQ:1.1:;;O:6l):6E:21 00:llE:~5;f)5:54:7C 43.1 0.0 0Q;~0:96:5j3:79:B3 0.01 QQ:13:02:31;86:5~ 0.0 OQi3:CE:Al :B7:9_1;; 2.79 0.014:51 :83:8l).:L5 6.23 QQ~:J;3:4D~E5:5E 13:43 OO~16:6F:40Ec:B6 1.35 00:OE:35:E~:9D:Cj3 00 QO:1.4:E,l):2.j3:EA:L~ 8.6 00:12:EO~HI:8E~IU 149 01l:lILCf':2j3~91 :2C 0.69 QQ;14A5:7A:B7:QJ:; 0.16 OQ:1j)~B6:A15~;09 0.01 QQ:16~6B-'-5[):27:4~ 329 00DE:35:05:QQ:23 0.01 QQ;J1jic;E4:."Q~M 0.24 00:16~C!;D9~9f:Ol 227 00:J3:CE;OD:D8:50 3.35 QQ;CQ:8B:.BD:8E:~~ 0.02 00:1.4:CLli\;E~BD 0.23 00:13:02:47:F4:53 0.51 00:9Q:4-B4F:fA:94 0.07 OOOB:7Dli\;P5:CC 0.02 0_0:17:f2:48:3C:Bi; 5:47 00:13:C_E:C5:20.~Q2 1.71 0 https:l/21 6.22. 72.200:8443/home/OptimizerPage.do Page I of2 Change Password i I Help Fault Management ConfiguraU MB/hour for 0 or more hours: 30 (11/0400:00. # Failed Hours 24 hour Details o 0123456789101112131415161718 . o 0123456789101112131415161718 . o 01234567891011 12131415161718 . o 0123456789101112131415161718' o 01234567891011 12131415161718 . o 01234567891011121:314151131718' o 01234567891011 12131415161718 . o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718' o 0123456789101112131415161718' 00123456789101112131415161718' o 01234567891011 12131415161718 . o 0123456789101112131415161718' o 0123456789101112131415161718' o 01234567891011121:314151E31718' o 0123456789101112131415161718' o 01234567891011121:l14151C1718' o 0123456789101112131415161718' o 01234567891011 12131415161718 . 00123456789101112131415161718' o 0123456789101112131415H3171S' o 012345 C 7 8 910 11 1213 14 15 161718 ' o 0123456789101112131415161718' I 1/7/2006 Tropos Control Page 2 of2 0123456789101112131415161718' 00:12:FQ:55:25:]3g 5.22 0 0123456789101112131415161718 ' QO:11:50:D5:34:"'A 32.74 0 0123456789101112131415161718 . OO:11:f5:7D:81l;OF 0,85 0 01234567891011 1213 14 15 16 17 18 ' OO:16:C!;:70:2F:S7 1.15 0 01234567891011 12131415161718 . Last Refreshed at: 11/07/200612:14 https://216.22.72.200:8443/home/OptimizerPage.do I 1/7/2006 ASSIGNMENT OF DIRECT INCENTIVE FUNDING AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that BOYNTON ASSOCIATES, LTD., a Florida limited partnership ("Assignor"), for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, paid to it by TRADEWINDS DEVELOPMENT, LLC, a Florida limited liability company, ("Assignee"), receipt of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and set over to the Assignee all of its right, title, and interest in and to that certain Direct Incentive Funding Agreement dated February 14, 2006 by and between Assignor and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, ("CRA"). The Direct Incentive Funding Agreement described above applies to that certain real property located in Palm Beach County, Florida, more fully described in Exhibit "A" attached hereto and made a part hereof. IN WITNESS WHEBJ;;OF, the Assignor has signed this Assignment of Direct Incentive Funding Agreement this IV day of ~() V . , 2006. BOYNTON ASSOCIATES, LTD. By: Affordable Housing, LLC Its gen al partner BY: . elstein, managing member AGREEMENT TO PERFORM KNOW ALL MEN BY THESE PRESENTS, Assignee does hereby assume and agree to perform all of the terms, conditions, and covenants in said DIRECT INCENTIVE FUNDING AGREEMENT as fully and as completely as though originally named as a party thereto. IN WITNESS WHE~F, the Assig.nee has signed this Assignment of Direct Incentive Funding Agreement this t~ day of PO v , , 2006. DEVELOPMENT, LLC BY: tiikelstein, managing member CONSENT TO ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS, that the CRA does hereby accept the assurances of Assignee to assume all obligations and perform all duties under the Direct Incentive Funding Agreement described hereinabove, and does hereby consent to the foregoing Assignment of Direct Incentive Funding Agreement and the CRA does hereby consent to the conveyance of the property described on Exhibit "A" to Assignee. IN WITNESS WHEREOF, the CRA does hereby consent to the foregoing Assignment of Direct Incentive Funding Agreement this day of , 2006. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Its Executive Director By: Its Chairperson ESTOPPEL CERTIFICATE THIS CERTIFICATE ("Certificate") is made to MELLON UNITED NATIONAL BANK, a national banking association, its successor and/or assigns (collectively, "Lender"), with an address at 1111 Brickell Avenue, 30th Floor, Miami, Florida 33131, Attn: Manager, Loan Operations, in connection with a certain proposed term loan from Lender to Tradewinds Development, LLC ("Borrower") in the principal amount of $4,325,000 and a certain proposed revolving loan from Lender to Borrower in the principal amount of $6,325,000 (collectively, the "Loan"), which Loan is secured by a mortgage of certain real property more particular described on Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property is affected by that certain Direct Incentive Funding Agreement (the "DIFA"), dated February 14,2006, a copy of which is attached as Exhibit "B," by and between the Boynton Beach Community Redevelopment Agency (the "CRA") and Boynton Associates, Ltd. ("Boynton"). Boynton is currently the fee owner of the Property and the Property is contemplated to be conveyed to Borrower and the DIF A is contemplated to be assigned to and assumed by Borrower prior to or simultaneously with the closing of the Loan. The undersigned has been requested to provide this Certificate relating to the DIF A and, for the benefit of Lender, hereby certifies that: I. The DIF A is in full force and effect and has not been amended, extended, modified, supplemented or terminated. 2. Neither the CRA nor, to the CRA's knowledge, Boynton nor (to the extent that this Certificate is executed on a date following the assignment of the DIF A to Borrower and the assumption by Borrower of the obligations thereunder) Borrower is in default under the DIFA and no event exists that, with the passage of time or the giving of notice, or both, would constitute a default under the DIF A. 3. The CRA acknowledges and consents to (i) the transfer of the Property from Boynton to Borrower, (ii) an assignment of Boynton's rights under the DIFA from Boynton to Borrower and Borrower's assumption of Boynton's obligations thereunder and (iii) a collateral assignment of the DIFA by Boynton or Borrower, as applicable, in favor of Lender as additional security for the Loan. 4. The CRA has no known claims arising under the indemnity obligations contained in Section 8.4 of the DIF A as of the date hereof and, in the event such a claim should arise after the date hereof, the CRA will immediately so notifY Lender by written notice to Lender at the address for Lender stated above. 5. Attached hereto as Exhibit "c" is a copy of the Site Plan Phase 1 (as defined in the DIFA), as approved by the City of Boynton Beach City Commission by motion and vote on January 6, 2006, and the CRA has not approved any changes or modifications thereto except as shown on Exhibit "C". 6. In Section 2 of the DIF A the 2006 base year amount used for purposes of calculating increment revenues in the definition of the capitalized term "Project Increment Revenues" was not inserted prior to execution of the DIF A. For purposes of calculating increment revenues in the definition of the capitalized term "Project Increment Revenues" in the DIFA, the 2006 base year amount used is $3,988,088.00. [Signature page follows.] Dated as of 64201.000014 MIAMI 365281vl ,2006. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY . By: Name: Title: Meeting Minutes ~ommunity Redevelopment Agency Boynton Beach, Florida October 12, 2004 The second Conference he attended was the International Downtown Association. As Boynton Beach becomes an actual downtown, there are many issues that mU,st be dealt with. He obtained a great deal of insight that he would be sharing with the members at various workshops. Next year, he anticipates that they will be able to invite the City Commissioners and some staff from planning. The next IDA Conference will take place next September in Denver. Mr. Hutchinson proposed a Board retreat sometime in November to discuss programs and priorities. Mr. Fenton inquired why the Museum Feasibility Study was not on the agenda. Mr. Hutchinson said that he would speak with Mr. Fenton on this. As soon as the Study is available, it will be presented to the Board. Chairperson Heavilin requested that the Police provide definitions for the codes they use in their reports so they would be understandable to a layperson. Mr. Hutchinson is aware of this problem. He pointed out how active the Police have been. The community has welcomed them and other communities are now requesting the same services. VIII. Old Business A. Consideration of Direct Incentive Application for the Promenade at Boynton Project Mr. Hutchinson explained that the applicant has requested a $2 million upfront loan against the increment. The Incentive Application is similar to The Arches, but that was under different circumstances. Mr. Hutchinson further noted that even if the Board wanted to comply with the request, the CRA does not have the funds. Mr. Hutchinson reviewed the scoring process for a project receiving a Direct Incentive. Much of the scoring is done by a set formula. Staff has scored this project based upon the criteria within the incentives and it totals 68 points. This translates to the developer receiving 68% of the incentive program, if no other points were awarded. The Board, however, is allowed 40 subjective points that could be added to staff's scoring. Scoring rewards behavior and style of the project that the CRA wants to encourage coming in to the City. The Board is allowed to adjust any of the points, including the 68 points awarded by staff. Mr. Hutchinson referred to his memo in the agenda packet that contains benchmarks that should be considered in the scoring. Some of these benchmarks include excess parking, public improvements, and public areas. This project has more public space than any ,other downtown project submitted to date. The developer is proposing to I design a raised concrete stage that could be tented with a plaza in order to utilize the park area. This will provide a great venue for entertainment. All these costs would be borne by the applicant. The final design would be subject to the eRA's review and the Parks Department. 6521 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Mr. Hutchinson felt that this project sets a new standard for benchmarks and creates a great cityscape. The design of the project presents a Mizner-type area between the cityscape and the buildings that are set way back from Federal Highway. The architecture is classic with good detail. The developer is the first developer to make a commitment to public art in the City and the project will be the first condo-hotel in the downtown area. Chairperson Heavilin requested a motion to remove the item from the table. Motion Vice Chair Tillman moved to remove the item from the table. Motion seconded by Mr. Myott and unanimously carried. Mr. Hutchinson noted that the memorandum in the agenda packet has typographical errors and he will be furnishing a corrected one. Vice Chair Tillman felt that the Board should stay with the guidelines that have been set for recipients of the Direct Incentive Program, which is to receive their funds when the project is completed, is on the tax rolls, and pays taxes. He was opposed to granting any funds prior to these occurrences. Mr. Hutchinson concurred with Vice Mayor Tillman and noted that the Direct Incentive Program is a performance-based program and that the rules must be adhered to. Mr. Hutchinson explained that the 68% scoring he came up with is the base points that the applicant scored before the Board's input. Mr. Hutchinson pointed out that the Program has no loan provisions and is an incentive program. He is requesting that the Board score the project based upon funding after the project goes on the tax rolls and the City receives its money. At that point the applicant would receive their incentive funds. The Program provides that the developer could receive up to 50% of the new tax money that the project generates over a 10-year term. Mr. Fenton inquired if the incentive would max at $2 million. Mr. Hutchinson stated that it did not have a cap: the bigger the project, the larger the incentive. The formula provides that the developer would receive 50% of the revenue. In this particular case the developer is seeking a $2 million loan upfront against those funds. Mr. Hutchinson pointed out that over a 10-year periOd the developer would receive a great deal more money than $2 million. Mr. Fenton inquired if the Board is being asked to complete the scoring tonight and Mr. Hutchinson responded affirmatively. After the scoring, staff could prepare the necessary documents that would include the formula figure and then award the project. Mr. Myott! inquired if the conformance of the project, after it is completed, would be checked against the scoring. Mr. Hutchinson responded that if developer made any changes to the site plan, it would come back to this Board for approval. Mr. Myott inquired how the affordable housing portion of the project would be checked and Mr. 6522 19 Meeting Minutes .Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Hutchinson stated that there would be a system in place to check this every year for 10 years. Mr. Myott inquired if the incentive award could be transferred to different owners and Mr. Hutchinson stated that it could be transferred with approval of this Board. Mr. Hutchinson pointed out that they want to see the project built and on the tax rolls. He also noted that there was language in the contract that stated that approval of the transfer of the incentive award would not be unreasonably withheld, but that tlie Board must be notified. Members next discussed scoring the project. Each member's scoring would be added up and then divided by the number of members to attain an average. Any scoring over 100% would not count. Mr. Fenton asked Mr. Hutchinson why he only gave the developer a score of 5 points for "Economic Impact." Mr. Hutchinson explained that this category could be scored from 5 points to 15 points and it would depend upon the economic impact that the project would have upon third parties. Mr. Fenton felt that the economic impact that this project would have upon the City would be much greater and that this score should be higher. The scoring of the members were as follows: Don Fenton Alexander DeMarco Vice Mayor Tillman Mr. Myott Ms. Horenburger Chairperson Heavilin 32 points 32 points 30 points 20 points 32 points 35 points The scoring averaged 30.17 points and was rounded off to 30 points. Adding staff's scoring of 68 points gave the developer a total of 98 points. This equates to the developer receiving 98% of the 50% increment due to them. Motion Mr. Fenton moved that the Incentive Project be set at 98% of the allotted amount of TIF income for the Panther Group Project (The Promenade). Motion seconded by Ms. Horenbl:lrger and unanimously carried. Mr. Hutchinson will bring the Incentive Program documents back to the Board. (Vice Chair Tillman left the meeting at 9:05 p.m.) IX. .I . New Busmess A. Consideration of Review and Approval of Promenade 90% Drawings and Authorization to submit same for SFWMD Approval 6~13 20 MEMO To; CRA Board From: Douglas Hutchinson Direct Incentive Request from the Promenade at Boynton Beach Subject: Date: September 14, 2004 Project Applicants Analysis This is the Staff review and analysis of the Direct Incentive Program request from Boynton Waterways Investment Associates, LLC. for their Promenade at Boynton Beach project, located at Federal Highway and Boynton Beach Boulevard. This project has submitted for site plan approval to both the CRA and the City. The project has approval from each. Note that the CRA Direct Incentive Program is for eligible projects that score from 50 to 100 points under the program criteria. The maximum incentive is capped at 50% of the new tax increment the project creates. Therefore, the CRA retains a minimum of 50% of the project's tax revenue stream for our budget use. The incentive period runs up to 10 years. Also be aware that no incentives are granted until the project is completed is on the tax rolls and pays taxes. The applicant receives incentive funds after the CRA receives the full increment from the City and County through the County Tax Collector's Office. Application: The application submitted by Boynton Waterways Investment Associates, LLC has been reviewed and found to be complete by Staff. The applicant had the option of providing a Feasibility Study or MAl Appraisal Summary. They have submitted the appraisal information. This information appraisal relates to the required Economic Impact Study and determines the applicant's investment impact on the community. The Applicant is the first to address the Affordable Access element and the calculations conform to the intent of the Incentive Program. I will give further analysis in the scoring review portion for this analysis. The applicant has highlighted and defined substantial public amenity features. Those have been indicated in the plan documents in their application. Scoring; The applicant is scored on six (6) issues. The points have been structured to create superior project elements. Many of the scoring criteria are evaluated through straight mathematical formulas; others, by design are subjective to allow the Board to impact the ultimate incentive oi.Jtcome. It may be possible for a project to score over 100 points; however, the incentive participation runs from 50 to 100 points. This point score becomes a simple percentage (50% to 100%) to establish the applicant's portion of the potential incentive level. Note that anything under 50 points (50%) is not eligible for incentive through this program. Staff has scored the non-subjective elements, they are as follows: 6116 Project Size: The project size according to the MAl Appraisal is $136,000.000. Projects of $50,000,000 plus receive twenty (20) points. Type of Project: The applicant actually has two key uses for the CBO. There are "Mixed Use with Residential" and "Hotel/Conference Centers". The project scores twenty (20) points Project Location: The project location is in the CBO and on two major highways; Federal Highway and the Boynton Beach Boulevard and scores ten (10) points. Economic Impact: The economic impact measures the project's impacts on the entire city, not just the CRA's TIF. This is critical to evaluate if an incentive is warranted. The project generates $21,351,798 in total annual impact. The projected annual TIF to the eRA is $1,184,876. Assuming the project receives one hundred percent (100%) of the potential program incentives, the annual incentive is 100% (incentive scoring percentage) X 50% (incentive program percentage) X $1,184,876 = $592,438 potential annual incentive. Therefore, the impact multiplier is figured as $21,351,798/$592,438 = 36 times the CRA incentive. This scores five (5) points. Affordable Access; This is a new provision for the applicants to address. The project must score a minimum of two (2) points. The discounts for Affordable Access are for a minimum term of 10 years (for rental property). Property purchasers are limited to price increase of 3% annually plus unit improvements by the owner over the period of the incentive. The project has two (2) uses to qualify for affordable access. The applicant is placing one thousand nine hundred twenty (1,920) square feet of the project's total nineteen thousand two hundred (19,200) square feet of commercial retail space into the program or ten percent (10%) further the project will rent this space at a price fifty percent (50%) of the average rental rate of non-program space. The combination of the amount of space and rental rate scores ten (10) points on the Affordable Access scoring graph. The applicant is proposing sixteen (16) residential condominium units or five percent (5%) of the total three hundred seventeen (318) units as having a sale price of $268,000 or less. The price threshold is the maximum retail value a moderate wage earner (two person household) at one hundred and twenty (120%) of Palm Beach County's median income can qualify for a mortgage. The mortgage is defined as maximum of thirty-two percent (32%) of income set aside for housing with a ninety-five percent (95%) loan at a six percent (6%) interest rate with a thirty (30) year term. The average unit sale prices at $214,500 is forty four percent (44%) below the average sale price $384,570 of the remaining units. This five percent (5%) of units at forty four percent (44%) below market scores the project three (3) points. The total/Affordable Access scoring for both Retail/Commercial (ten (10) points) and Condo sales three (3) points is thirteen (13) total Affordable Access points. The TCEA requires an average five percent (5%) of the CRA area's units to be workforce housing. This TCEA five percent (5%) affordable access figure is an average target percentage for all the CRA area. Note that while this project does not score extra 6Il7 points on the incentive graph, they meet the five percent (5%) target for Affordable Access. Given this project's location and caliber, the five percent (5%) in Affordable Access units has great merit. Project Quality: The final scoring element is project quality These 40 points reflect the projects architecture, landscape, public spaces and amenities, innovation, quality and overall contribution to the community. This scoring is designed to be subjective and solely at the CRA Board's discretion, therefore, Staff has no scoring. The project features are: · Over parked by 78 parking spaces, · Several sizable public areas, · Public improvements of site at the pond park entry, · Building massing and set backs from Federal Highway are very responsive to planning and Boynton's size and scale, · Architecture o Design/Styling/Details o Color · Public art commitment, · Has the sought after first downtown hotel. Direct Incentive Application Analysis Summary: The application is complete and reviewed by staff. The project scoring in non-subjunctive elements is as follows: · Project Size · Type of Project · Project Location · Economic Impact · Affordable Access · Project Quality · Subtotal (before quality score) 20 points 20 points 10 points 5 points 13 points TDB (0-40 points 1 68 points The CRA Board scores the Project Quality Elements and this will be added to the other scores. The Board can adjust any score and shall disapprove or approve and/or adjust the level of the applicants request for incentives. The Board is requested to set the project's final scoring; set the incentive, if any, the project will receive; and instruct Staff to prepare the Incentive Agreement documents for Board approval. 6118 FAIRFIELD APARTMENT CONDOMINIUMS 8()Ylffcn;.! 2303 - 2309 South Federal Highway Boynton Beach, FL 33435 November 2, 2006 Community Redevelopment Agency Board City of Boynton Beach, Florida 915 South Federal Highway Boynton Beach, FL 33435 Re: 2201 South Federal Highway Request by Anand Patel for a 58,129 square toot, 62 room hotel in a C-3 zoning district on a .91 acre parcel Dear Members of the Community Redevelopment Agency Board: As you are aware, representatives from our Association were in attendance at the hearing held on Wednesday, October 25, 2006 at 6:30 p.m., regarding the above referenced Request. Fairfield Condominiums is adamantly opposed to the above referenced Request. Our objections were noted by YOur Board and following the Request, two (2) of the seven (7) members of the Board voted against the development of a hotel in this area. We were quite pleased with our efforts in this regard. Following the meeting of October 25, 2006, more specifically the following morning, Thursday, October 26,2006, Mr. Anand Patel presented himself at the residence of Nancy Linn, Secretary for Fairfield Condominium Association. Ms. Linn spoke at the hearing conducted October 25, 2006. Ms. Linn was initially very concerned about this aggressive and bold move made by Mr. Anand Patel, but spoke with him nonetheless. Mr. Patel's inquiry was why Fairfield Condominiums was opposed to his Request. Ms. Linn again expressed the concerns of Fairfield Condominium Association and further advised Mr. Patel that she and other associations and restaurants from the surrounding area have every intention of attending the next Agency meeting scheduled for November 2 I, 2006 at 6:30 p.m. We think the Community Redevelopment Agency Board needs to be aware of the foregoing and by copy of this letter to the Boynton Beach County Commissioners, we are requesting their immediate attention to our plight as well. Page 2 Fairfield Condominiums is located immediately to the south of the Request being made by Anand Patel. To the north of Fairfield Condominiums lies The Sands Hotel, a known drug hotel that is ridden with crime as evidenced by the enclosed Crime Web Search Results provided to Fairfield Condominiums by the City of Boynton Beach Police Department. Fairfield Condominium's concerns are real. Why would the Redevelopment Board for the City of Boynton Beach not question the development of a new hotel directly in front of an existing hotel? Perhaps the Redevelopment Board needs to take a field trip to look at the subject property before rendering an approval or disapproval of Mr. Patel's Request. We can tell you that Mr. Patel claims his cousin owns the Sands Hotel and that there is nothing he can do in relation to his proposed Request to build a hotel. Fairfield Condominium doesn't believe we need more of the same which, in our opinion, is what will occur if the Sands Hotel is allowed to remain and the development of another hotel is approved. It should be this Community Redevelopment Agency Board's first priority to inquire about the existing area prior to authorizing the development of yet another hotel in this area. Thank you for your prompt attention in this regard and we look forward to seeing all of you on November 21,2006. S~. Ellen D. Cunni iAs Preside and on Behalf of The Board of Directors Fairfield Condominiums 954.646.7688 cc: County Commissioners 100 East Boynton Beach Boulevard Boynton Beach, FL 33425